12 5 05 Skeleton Sheet
.
.
.
CITY COUNCIL REGULAR SESSION, DECEMBER 5, 2005
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
/ !
PRESENT: MAYOwOUGGAN, COUNCIL MEMBERS~RAIG, CaANE, CO~ORS,
MARK'Y'M, MIC~LSKI, NICH9LSON
CITY MANAGE"AN MILLlGEN; CORPORATION CO\4NSEL LINDAHL
ABSENT:
INVOCATION: Reverend Robert Weinhold, Pastor, St. Paul Lutheran Church
PROCLAMATION:
I
.' ... ,. /
. /. .:1 I /
Human Rights Day ,<::li;:/--i/'.l/.Vi/ '" '- Yd, I( j/
-" ,
PRESENTATION:
Presentation of the U.S. Naval Mobile Construction Battalion Twenty-Five Command
Coin by BU1 Brant Schueller
N
rfl (0
/ 'rJP
(~I ,f
) ,
(V /:)(1
/ I I !
7 li/i /\/
'1 ! }{r/" (Jill
1,' }) .' V
. (, I ) L5
I pi
, ;jI
4l'
/71
,
.
.
.
CONSENT ITEMS
Ayes
,f
/
/
/
/
/
/
Nays
Michalski
~ic~olson
rJ ralg
\ Cline
C~onnors
. Duggan
Markham
1. Minutes and Reports Submitted
City Council of 11/21; Electrical Code Board of 11/28; Historic Preservation Commission
of 11/17; Housing Commission of 10/25; Long Range Planning Commission of 11/16
2.
Proof of publication of City Council proceedings of November 7, 2005
Suggested Disposition: Receive and File
Notice of Claims/Suits
Best Western Midway Hotel for property damage; Stacy Birch for personal injury; John
W. Freund III for vehicle damage; Randall and Carol Stecher for property damage;
Wells Fargo Bank Minnesota vs City of Dubuque, et al
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Best
Western Midway Hotel for property damage; Stacy Birch for personal injury; Randall
and Carol Stecher for property damage
Suggested Disposition: Receive and File; Concur
'," '~/ll), ' (r,) ~ ,
/~l f
If I~ J
I
I'
f
9
J
! fr~/1,)
/ {)
,J! ':-;' ,
,," f) iI'
, ~/~/ / 1~
I ,{, ~ I/l'
'c:-./ ,J I'_
, J /J" / !
,/ ~ " '
/11'1
/" 'jJ I .
(',,") I f'f /;
f J? ;(Y
1'./ r
/ )/
/1
2
.
.
.
\
409 Burch Street (Tabled on November 7,2005)
City Manager submitting an update on the property located at 409 Burch Street
and recommending that this item be retabled to the first meeting in January, 2006.
Suggested Disposition: Receive and File; Table to First Meeting in January
4. Claim Settlement
Corporation Counsel submitting information regarding the settlement of a claim by
Public Entity Risk Services of Iowa on behalf of the City.
3.
Suggested Disposition: Receive and File
5. Mullen Road Sanitary Sewer Reconstruction Project
City Manager recommending acceptance of the Mullen Road Sanitary Sewer
Reconstruction Project as completed by Drew Cook and Sons Excavating, Inc., in the
final contract amount of $57,074.72.
RESOLUTION .:;- / !I Accepting improvement
RESOLUTION 5/9 Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Michalski
Nicholson
2 Braig
Cline
I Connors
Duggan
Markham
3
e
e
e
6.
Grandview Avenue Concrete Section Repair Project
City Manager recommending acceptance of the Grandview Avenue Concrete Section
Repair Project as completed by Drew Cook and Sons Excavating, Inc., in the final
contract amount of $41 ,581.33.
RESOLUTION -5-:?O
RESOLUTION ~<)C}---;/
Accepting improvement
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
7. University Avenue - Howard R. Green Supplemental Agreement
City Manager recommending approval of Supplemental Agreement No.4 for Howard R.
Green Company to provide additional engineering services for the second phase
(~~t~~~,i~ri!~On) of the University Avenue Extension Project.
,- Suggested Disposition: Receive and File; Approve
8. Abstract of Votes
Submittal of the Abstract of Votes for the November 8,2005 City Council election.
Suggested Disposition: Receive and File
Ayes Nays
Michalski
Nicholson
t Braig
Cline
/ Connors
Duggan
Markham
4
.
.
.
9.
Acceptance of Warranty Deed
City Manager recommending approval of the acceptance of the warranty deed from
Murphy Family Enterprises, LLP for the right-of-way necessary for roadway
improvements adjacent to the new US 20 Bridge.
RESOLUTION sac:? Accepting the deed to certain real estate in
Dubuque County, Iowa, from Murphy Family Enterprises, LLP
Suggested Disposition: Receive and File; Adopt Resolution
10. Marshall Park Rest Room Project - Change Order
City Manager advising that he has approved a change order for the Marshall Park Rest
Room Construction project in the amount of $36,955.37.
Suggested Disposition: Receive and File
11. STP Funding - Highway 20 Landscaping Project - Phase II
City Manager recommending approval of an agreement with the Iowa Department of
Transportation for $100,000 of STP funding for Phase II of the Highway 20 Landscaping
Project.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Michalski
Nicholson
Braig
Cline
Connors
Duggan
Markham
5
.
.
.
Human Rights Commission 2005 Annual Report
City Manager submitting the Human Rights Commission 2005 Annual Report.
Suggested Disposition: Receive and File
13. Hartig Drug Company
Communication from property owners in opposition to the request of Hartig Drug
Company to lease a portion of the City-owned alley behind 157 Locust Street.
12.
Suggested Disposition: Receive and File
14. Transit Management Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals for
management of Keyline Transit and to simultaneously solicit applications for a full-time
Transit Manager.
Suggested Disposition: Receive and File; Approve
15.
HOME Program Application
City Manager recommending approval of an application to the Iowa Department of
Economic Development (IDED) for HOME Program funding for the Step by Step project.
RESOLUTION 5~.:3 Authorizing the Mayor to execute an application to
participate in the Iowa HOME Investment Partnership Program
Suggested Disposition: Receive ~d File; Adopt Resolution I I;f
Irf} ;' I
I'.~ flY Ayer.) Nays
i .J/I ,r ) }" ,I, ( IjMichalski
( T" I. Nicholson
.J\ rq dl/ /, Braig
. /,)Y "<f/'" Ai ' f j(?,~~~~ors
/(1 j) , /J ~ / /Y;;uggan
(JUf!t) h / (I / Markham
, ~) L . 'f
'll /,' ,Ii
1-'1, :i l~iL/~
/lJ 1/
(/lll
fl'
".. "
(1
6
ill
i 17
[iv' I jJ ~{J/
fA/ \1" /0" 11
}/' VJ ,1' ,
",1/})j(I,I/' / ~fl/I i
,',,' /ljJJ!'.<I!)J !/
L ,/,;1. 1/' III I
if (J ~,,'. 1 '~
'J/I' I. ())
lV' k r,
/ Jill' ,).;/ If t . ,P
L( .",,;}t }/) L jJ '~,'
I.l IY~ IJ ,1)C'
" .II ,If'" '}/,/ \",)1 '
'0' /' Jr 'I' ,
1 'f '/ .
. c.
0)1
.
.
.
Cooperative Winter Roadway Maintenance Agreement
City Manager recommending approval of a new Cooperative Winter Roadway
Maintenance Agreement with the City of Asbury for certain roads.
RESOLUTION 5d~' Approving Winter Roadway Maintenance Agreement
between the City of Dubuque and the City of Asbury
Suggested Disposition: Receive and File; Approve
17. Citizen Communication
Communication from Ian Carstens, 2370 Shiras Avenue, requesting additional funding
for the Young Adults Department at the Library.
16.
Suggested Disposition: Receive and File
18. Historic District Public Improvement Program
Historic Preservation Commission recommending approval of an application for Historic
District Public Improvement Program (HDPIP) funds to install directional signage and a
kiosk at Four Mounds.
19.
Suggested Disposition: Receive and File; Approve
Iowa 32 Bike/Hike Trail
City Manager recommending approval of a REAP Agreement for Phase I of the Iowa 32
Bike/Hike Trail.
RESOLUTION ..9 6- Authorizing a REAP Grant Agreement with the Iowa
Department of Natural Resources for Phase 1 of Iowa 32 Bike/Hike Trail
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Michalski
Nicholson
Braig
Cline
Connors
Duggan
Markham
7
)
~
t
V
~' )
,j t
\,lfV .~
V "
c; , ~)U
\
~
.
(,
A;'~\
(J~
,t\
If
.
.
e
e
e
Kelly's Bluff Planned Unit Development (PUD)
Communication from the Long Range Planning Advisory Commission advising that by a
vote of 4 to 0, the LRPAC passed a motion that the Kelly's Bluff PUD project is not
consistent with the 2002 Dubuque Comprehensive Plan.
Suggested Disposition: Receive and File
21. City Hall- Third Floor Structural Repair Project
City Manager recommending acceptance of the City Hall - Third Floor Structural Repair
Project as completed by Tricon of Dubuque, in the final contract amount of $104,619.00.
20.
RESOLUTION 5~?
Accepting improvement
-...,...-,
RESOLUTION "':::'-7,;;:7 /
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
22. International City/County Management Association
Certificate from the International City/County Management Association recognizing City
Manager Michael C. Van Milligen as an ICMA Credentialed Manager and press release
issued by the City regarding the certification.
Suggested Disposition: Receive and File
23.
Business License Refund
Request of a refund of the beer and liquor license for The Busted Lift in the amount of
$633.75.
Suggested Disposition: Receive and File; Approve
24. Business Licenses
RESOLUTION 53 ? Granting the issuance of a Class "C" Beer/Liquor
License to The Moracco and a Special Class "C" Liquor License to Dubuque Family
Restaurant
Suggested Disposition: Adopt Resolution
1~~(j ,}
,-Y /If
, , \
Ay~ Nays
,/ (j Michalski
/ Nicholson
/ Braig
/, Cline
-J' Connors
/~, Duggan
(-,:/ arkham
8
e
e
e
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Human Rights Commission (Three terms through January 1, 2009 - terms of Ehlinger,
Foster and Vanden Heuvel)
Applicants: Patricia Foster, Mary Gassman, Vi,ncent Vanden Heuvel )
, \ )
\ ') \ y)
!" Vi "fl'~
, ^ .v !
/li\!11,' /
P,II Y I
,'1' '1/"
, /1,
1, '
9
ACTION ITEMS
.
1.
Arc Design Resources, Inc. I QHQ Properties (First Reading November 21,2005)
City Manager submitting a revised ordinance for the Arc Design Resources, Inc. / QHQ
Properties rezoning for the proposed development of a Sam's Club.
ORDINANCE .-1 /~/ Amending Appendix A (the Zoning Ordinance) of the
City of Dubuque Code of Ordinances by reclassifying hereinafter described property
located at 4310 Asbury Road from C-3 General Commercial District to PUD Planned
Unit Development District with a PC Planned Commercial District designation
Suggested Disposition: Receive and File; Motion B; Motion A
Ay~ ' Nays
/; (9Michalski
/' Nicholson
, Braig
/ ^jCline
/1-, (/)Connors X
/f Duggan "/ \
/ Markham \
.
Ayes Nays
Michalski
Nicholson
Braig
Cline
Connors
Duggan
Markham
.
10
,
I
//0
n p(1 l
{\ ii'
, If )
0/ ' J. '
\( /
ifJ
~
,
If
/ 'I
I '
\
e
2.
2005 National Electrical Code
City Manager recommending approval of the 2005 National Electrical Code published
by the National Fire Protection Association.
ORDINANCE ? .y'~c;::?..:7 -' Providing that the Code of Ordinances, City of
Dubuque, Iowa be amended by repealing Section 18-1 thereof and enacting a new
Section 18-1 thereof pertaining to revising and reenacting an Electrical Code for the City
of Dubuque, Iowa and providing for the issuance of permits and collection of fees
therefor
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes
otl1 )'
{ l. D
1/ '
/' ... 'il/ ,...
I IIi p1L Jet ,Il I
{)l '1ft 11, i}~
;Ii ,Or l{fy
'api, 1i/ j
, if'
I.
J 'I
i
Nays
Michalski
Nicholson
Braig
/ Cline
I I; ~onnors
/ e Duggan
~arkham
/
I
e
Ayes Nays
Michalski
Nicholson
Braig
Cline
Connors
Duggan
Markham
.
11
.
3.
Airport Commission
Corporation Counsel recommending adoption of an ordinance regarding membership
on the Airport Commission.
ORDINANCE ;;; ,S"- () .:::,- Amending Section 4-46 of the City of Dubuque Code
of Ordinances providing for the appointment and term of Airport Commission members
Suggested Disposition: Receive and File; Motion B; Motion A
/Ayes Nays
! Michalski
I Nicholson
/ Braig
/ ,Cline
I (f) Connors
/
/ Duggan
; @rarkham
/
.
Ayes Nays
Michalski
Nicholson
Braig
Cline
Connors
Duggan
Markham
.
12
. 4.
.
.
City Council Meeting Dates
Council Member Michalski requested an Ordinance regarding regular meeting dates of
the City Council.
ORDINANCE r::;;.,) J {/.:;/ Amending the City of Dubuque Code of Ordinances
Section 2-22 Meetings-Date Establishing Regular Meetings of the City Council
Suggested Disposition: Receive and File; Motion B; Motion A
I
~,
(dl!~l
/'lilg/~'
) iT! /;/-ro .1./)
6Y' fIll' If'
.. II ..! c
IV i!
, I Jf
//r~
J"
.' I
Ay" Nays
I L!) Michalski
/ " Nicholson
/. Braig
/ Cline
/ , (7)~onnors
/ " l5IOuggan
/ Markham
Ayes Nays
Michalski
Nicholson
Braig
Cline
Connors
Duggan
Markham
13
5.
Emergency Succession
City Manager recommending approval of an ordinance which provides for emergency
succession for the Mayor and City Council Members.
ORDINANCE t:: -2. (/5 Amending the City of Dubuque Code of Ordinances by
adopting a new Section 2-86 Establishing the Emergency Succession for the Mayor and
Council Members
.
Suggested Disposition: Receive and File; Motion B; Motion A
,
Ayes Nays 0/i
Michalski
'/ Nicholson hit
I Braig
I Cline
[)con"ors , ,
/
I
I ~uggan i
-;/ arkham i
/ i
/
j i
'10/
r #, i
I Are) Nays /;1
. Michalski
, \
/ "- Nicholson
/ Braig
/ ,Cline
/ (i})connors
/ Duggan
/ Markham
.
15
.
.
.
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person and which are not an agenda item. Please take your place at the
microphone and state your name and address clearly. Proceed with your comments; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) 2005 Code of Iowa
Motion to go into Closed Session at
;# ;;/]
:C/ '~..l../
Ayes Nays
./ Michalski
1/ Nicholson
./ Braig
,./ ~line
/ id onnors
/ '= Duggan
/ If )warkham
---'
Motion to adjourn at
7,'5/'
Ayes Nays
Michalski
Nicholson
Braig
Cline
Connors
Duggan
Markham
16
',I,i .
t I \
\ (\
,,1\ \!\~ \.
'j' J~)
I~ r\J'
,l/ I' \,~ ~ v
, , 1\ I
{ /\' ~YD)
:\:' ,fiJi', IJT\ l~
tl J' 0~ v~'
'\1 '\) ~ 'I
re.",\"", ~ t", ~t\
>' Ii ~ \1::
I \! ~ 'YL
i 1 ~y I
\ IV ,t, \)~,
: , i\,fr\,., r" I fJ \
I \ ' \, \, J/t- \ ~
N!. \,'
\1 I V hi " ' ~~
I : \ 'I' \.i)
;\ ~\,d\\; \/\~
! Ii (~
I '.'
II, i !
v \ \J
~'
.
.
.