Minutes City Council 12 5 05
CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
City Council, Regular Session, December 5, 2005
Council met in Regular Session at 6:30 P.M. in the Library Auditorium
Present: Mayor Duggan, Council Members Braig, Cline, Connors, Markham, Michalski,
Nicholson (by telephone), City Manager Van Milligen, Corporation Counsel Lindahl.
Mayor Duggan read the call and stated this is a regular session of the City Council called for the
purpose of discussing such matters which may properly come before the Council.
Invocation was given by Reverend Robert Weinhold, Pastor, SI. Paul Lutheran Church
Proclamation: Human Rights Day (December 10, 2005) received by Human Rights Commission
Member Vincent Vanden Huevel
Presentation: Water Department Employee/Navy Seabee BU1 Brant Schueller presented the
U.S. Naval Mobile Construction Battalion Twenty-Five Command Coin in appreciation of the City's
support of his unit and others that are serving our Country. The Mayor and City Council expressed
their appreciation.
CONSENT ITEMS
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, upon motion received and filed.
Proof of publication of City Council proceedings of November 7,2005, upon motion received and
filed.
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 ai, upon motion received and filed
and referred to Legal for investigation.
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, upon motion received and filed and concurred.
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, upon motion received and filed and tabled to the first meeting in
January.
Claim Settlement: Corporation Counsel submitting information regarding the settlement of a
claim by Public Entity Risk Services of Iowa on behalf of the City, upon motion received and filed.
1
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, upon motion received and filed.
Connors moved adoption of Resolution No. 518-05 Accepting improvement and Resolution No.
519-05 Approving final estimate. Seconded by Braig. Motion carried 7-0.
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, upon motion received and filed.
Connors moved adoption of Resolution No. 520-05 Accepting improvement and Resolution No.
521-05 Approving final estimate. Seconded by Braig. Motion carried 7-0.
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, upon motion received and filed and approved.
Abstract of Votes: Submittal of the Abstract of Votes for the November 8, 2005 City Council
election, upon motion received and filed and made a matter of record.
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, upon motion received and filed. Connors moved
adoption of Resolution No. 522-05 Accepting the deed to certain real estate in Dubuque County,
Iowa, from Murphy Family Enterprises, LLP. Seconded by Braig. Motion carried 7-0.
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, upon motion received and filed.
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, upon motion received and filed and
approved recommendation.
Human Rights Commission 2005 Annual Report: City Manager submitting the Human Rights
Commission 2005 Annual Report, upon motion received and filed.
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, upon
motion received and filed.
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, upon motion received and filed and approved
recommendation.
Dave Baker, President of Teamsters Local Union No. 21, spoke stating he was concerned with
the simultaneous advertising as he felt it would be difficult to recruit a Transit Manager while
requesting proposals for a management firm. Michalski expressed concern for the transit system
and although this was a policy issue she felt it was advantageous to have a local manager.
2
HOME Program Application: City Manager recommending approval of an application to the Iowa
Department of Economic Development (IDEO) for HOME Program funding for the Step by Step
project, upon motion received and filed. Connors moved adoption of Resolution No. 523-05
Authorizing the Mayor to execute an application to participate in the Iowa HOME Investment
Partnership Program. Seconded by Braig. Motion carried 7-0.
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, upon motion received and filed. Connors moved adoption of Resolution No. 524-05
Approving Winter Roadway Maintenance Agreement between the City of DUbuque and the City of
Asbury. Seconded by Braig. Motion carried 7-0.
Citizen Communication: Communication from Ian Carstens, 2370 Shiras Avenue, requesting
additional funding for the Young Adults Department at the Library, upon motion received and filed.
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, upon motion received and filed and
approved recommendation.
Iowa 32 Bike/Hike Trail: City Manager recommending approval of a REAP Agreement for Phase
I of the Iowa 32 Bike/Hike Trail, upon motion received and filed. Connors moved adoption of
Resolution No. 525-05 Authorizing a REAP Grant Agreement with the Iowa Department of Natural
Resources for Phase 1 of Iowa 32 Bike/Hike Trail. Seconded by Braig. Motion carried 7-0.
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, upon
motion received and filed.
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, upon motion received and filed. Connors moved adoption of
Resolution No. 526-05 Accepting improvement and Resolution No. 527-05 Approving final
estimate. Seconded by Braig. Motion carried 7-0.
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, upon
motion received and filed. Council Member Michalski congratulated City Manager Van Milligen on
this certification.
Business License Refund: Request of a refund of the beer and liquor license for The Busted Lift
in the amount of $633.75, upon motion received and filed and approved refund.
Business Licenses: Connors moved adoption of Resolution No. 528-05 Granting the issuance of
a Class "C" Beer/Liquor License to The Moracco and a Special Class "C" Liquor License to
Dubuque Family Restaurant. Seconded by Braig. Motion carried 7-0.
BOARDS/COMMISSIONS
3
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
Mr. Vanden Heuvel spoke requesting consideration for re-appointment and Ms. Gassman
conveyed she could not be in attendance but is interested in serving.
ACTION ITEMS
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 and requesting that the City Council give only a
second reading to the original PUD ordinance, with the recommended changes, to allow sufficient
time for Planning, Engineering and Legal staff to resolve a number of issues with Sam's Club
representatives regarding the proposed PUD, and an 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, presented
and read. Connors moved to receive and file the communications and to consider this the second
reading of the Ordinance. Seconded by Michalski. Motion carried 6-1 with Duggan abstaining.
2005 National Electrical Code: City Manager recommending approval of the 2005 National
Electrical Code published by the National Fire Protection Association, upon motion received and
filed. Ordinance No. 64-05 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 therefore, presented and read. Connors moved that the
requirement that a proposed Ordinance be considered and voted on for passage at two Council
Meetings prior to the meeting at which it is to be finally passed be suspended and further moved
final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0.
Airport Commission: Corporation Counsel recommending adoption of an ordinance regarding
membership on the Airport Commission, upon motion received and filed. Ordinance No. 65-05
Amending Section 4-46 of the City of Dubuque Code of Ordinances providing for the appointment
and term of Airport Commission members, presented and read. Connors moved that the
requirement that a proposed Ordinance be considered and voted on for passage at two Council
Meetings prior to the meeting at which it is to be finally passed be suspended and further moved
final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 7-0.
City Council Meeting Dates: Council Member Michalski requested an Ordinance regarding
regular meeting dates of the City Council, upon motion received and filed. Ordinance No. 66-05
Amending the City of DUbuque Code of Ordinances Section 2-22 Meetings-Date Establishing
Regular Meetings of the City Council, presented and read. Michalski moved that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior
to the meeting at which it is to be finally passed be suspended. Seconded by Connors. Motion
carried 7-0. Michalski moved final passage and adoption of the Ordinance. Seconded by
Connors. Motion carried 7-0.
4
Emergency Succession: City Manager recommending approval of an ordinance which provides
for emergency succession for the Mayor and City Council Members, upon motion received and
filed. Ordinance No. 67-05 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.
Connors moved that the requirement that a proposed Ordinance be considered and voted on for
passage at two Council Meetings prior to the meeting at which it is to be finally passed be
suspended. Seconded by Markham. Motion carried 7-0. Michalski moved final passage and
adoption of the Ordinance. Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Michalski shared that Council Member Nicholson is at the National League of Cities and that she
and Connors will leave tomorrow. They will show Dubuque's signage and wayfinding system.
At 6:55 P.M. upon motion Council went into Closed Session re: Pending Litigation and Property
Acquisition - Chapter 21.5(1 )(c)Q) 2005 Code of Iowa.
At 7:36 P.M. Council reconvened stating that Staff had been given proper direction.
There being no further business, upon motion meeting adjourned at 7:37 P.M.
1t 12/14
/s/ Jeanne F. Schneider, CMC
City Clerk
5