12 5 05 Agenda with icons
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, DECEMBER 5,2005
INVOCATION
Reverend Robert Weinhold, Pastor, St. Paul Lutheran Church
PROCLAMATION
Human Rights Day (December 10, 2005)
~
Hurran Rights Day
PRESENTATION
Presentation of the U.S. Naval Mobile Construction Battalion Twenty-Five Command
Coin by BU1 Brant Schueller
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
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
Proof of publication of City Council proceedings of November 7, 2005
Suggested Disposition: Receive and File
~
~
~
~
~
LJ
City Council
Electrical Code Bel
HPC
Housing
Long Range Planning
2. 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
Ii
Claim - ICAP
Suggested Disposition: Receive and File; Concur
3. 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
Ii@]
Ii@]
Ii
409 Burch - MVM
Merro
409 Burch - Staff
Merro
409 Burch - Pictures
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.
Suggested Disposition: Receive and File
Ii
Claim - Settlerrent
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 Accepting improvement
RESOLUTION Approving final estimate
2
Suggested Disposition: Receive and File; Adopt Resolutions
~
~
~
Mullen Rd - MVM
Merro
Mullen Rd - Staff
Merro
Mullen Rd -
Resolutions
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 Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
~
~
~
El
Grandview - MVM
Merro
Grandview - Staff
Merro
Grandview -
Resolutions
Grandview - Final
payrrent Form
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
(construction inspection) of the University Avenue Extension Project.
RESOLUTION Approving the Supplemental Agreement NO.4 between the City of
Dubuque and the Howard R. Green Company for the University Avenue Extension
Project (STP-U-21 00(623) - 70-31)
Suggested Disposition: Receive and File; Adopt Resolution
~~1
'.'-','::
-
~
El
Agreerrent - MVM
Merro
Agreerrent - Staff
Merro
Supplerrental
Agreerrent
8. Abstract of Votes
Submittal of the Abstract of Votes for the November 8, 2005 City Council election.
Suggested Disposition: Receive and File
El
Abstract of Votes
3
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 Accepting the deed to certain real estate in Dubuque County, Iowa, from
Murphy Family Enterprises, LLP
Suggested Disposition: Receive and File; Adopt Resolution
~
~~
.,,,':"::.
~.
~
~
Deed - MVM Merro
Deed - Staff Merro
Deed - Resolution
Deed - lOOT lir
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
~
~
E.J
~
Change Orders -
MVM Merro
Change Order - Staff
Merro
Change Orders
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
~
~
~
S1J> - MVM Merro
S1J> - Staff Merro
STP Agreerrent
12. Human Rights Commission 2005 Annual Report
City Manager submitting the Human Rights Commission 2005 Annual Report.
Suggested Disposition: Receive and File
~
u
HUI1l3 n Rghts Report
- MVM Merro
HUl1l3n Rghts Report
- Staff Merro
NOTE: 2005 Annual Report included as separate file on the CD
4
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.
Suggested Disposition: Receive and File
e
Hartig - Petition
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
~
~
~
~
Transit - MVM Merro
Transit - Staff Merro
Transit Transition
Plan
Transit Managl"l'l;;nt
RFP
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 Authorizing the Mayor to execute an application to participate in the
Iowa HOME Investment Partnership Program
Suggested Disposition: Receive and File; Adopt Resolution
~
~
~
HOME - MVM Merro
HOME - Staff Merro
HOME - Resolution
16. 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 Approving Winter Roadway Maintenance Agreement between the City of
Dubuque and the City of Asbury
Suggested Disposition: Receive and File; Approve
~ ~
~ e
Agreerrent - Agreerrent - Asbury
Resolution Ur
e
Agreerrent - MVM Agreerrent - Staff
Memo Memo
Roadway
Maintenance Agr
5
17. Citizen Communication
Communication from Ian Carstens, 2370 Shiras Avenue, requesting additional funding
for the Young Adults Department at the Library.
Suggested Disposition: Receive and File
lit
Carstens Ltr
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.
Suggested Disposition: Receive and File; Approve
~
~
lit
HDPIP - HPC Ltr
HDPIP - Staff Report
Four Mounds
Request
19. Iowa 32 Bike/Hike Trail
City Manager recommending approval of a REAP Agreement for Phase I of the Iowa 32
Bike/Hike Trail.
RESOLUTION 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
~
~
~
lit
lit
REAP - MVM Merro REAP - Staff Memo REAP - Resolution REAP - Iowa 32 REAP Applicatkln
20. 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
~
~ ~ lit ~
LRPAC Minutes PUD - Staff Merro River Pointe PUD PUD - Staff Report
LRPAC Ltr
6
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.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
U
U
U'd
."."cc
..
City Hall- MVM Mel1'O
City Hall- Staff
Mel1'O
City Hall-
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
~
U
ICMA CertWicate
Press Release
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 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
U
Resolution
7
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, Vincent Vanden Heuvel
~
~
fli
Hutn3n Rights Apps
Bd and Conrn USt
Overview Sheet
ACTION ITEMS
1. Arc Design Resources, Inc. / 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 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
~
~
~
Sarris Club - MVM
Merro
Sarris Club - Staff
Merro
Sam's - Revised
Ordinance
Material from November 21, 2005 City Council Meeting
~
rli
rli
rli
i[)
~
QHQ - ZAC Ltr QHQ - Application QHQ - Plat of Survey QHQ - Vicin[y Map QHQ - Staff Report Sarris Club - Project
Description
~
~
QHQ - Exhibits 1-1
and 1-2
~ ~
~
QHQ - Ordinance
QHQ - Site Plans Resurrection Church
Ltrs
Suggested Motion
~
IiiD'1
LJ
Sarris Club. MVM
Merro
Sarris Club - Staff
Merro
8
2. 2005 National Electrical Code
City Manager recommending approval of the 2005 National Electrical Code published
by the National Fire Protection Association.
ORDINANCE 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
~
Iii@l
D
~
~
Code - MVM Merro
Code - Staff Merro
Code - Ordinance
Suggested Motkm
3. Airport Commission
Corporation Counsel recommending adoption of an ordinance regarding membership
on the Airport Commission.
ORDINANCE 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
~
~
~
Airport - BAL Merro
Airport - Ordinance
Suggested Motkm
4. City Council Meeting Dates
Council Member Michalski requested an Ordinance regarding regular meeting dates of
the City Council.
ORDINANCE 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
~
~
Dates - Ordinance
Suggested Motion
9
5. Emergency Succession
City Manager recommending approval of an ordinance which provides for emergency
succession for the Mayor and City Council Members.
ORDINANCE 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
~
Iiii]'l.'~~
E.J
~
TI
~
Succession - MVM
Merro
Succession - BAL
Merro
Succession -
Ordinance
Suggested Mot"n
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)Gl 2005 Code of Iowa
Jeanne F. Schneider
December 1, 2005
10