12 4 06 Skeleton Sheet
CITY COUNCIL REGULAR SESSION, DECEMBER 4, 2006
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE LIBRARY AUDITORIUM
PRESENT: MAYOR BUOL, COUNCIL MEMBERS BRAIG, CLINE, CONNORS, JONES,
LYNCH, MICHALSKI
CITY MANAGER VAN'MILLIGEN, CITY ATTORNEY,LINDAHL
ABSENT:
Mayor Buol 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 City
Council.
INVOCATION: Joanne M. Burrows, SC, PHD, President of Clarke College
CONSENT ITEMS
Ayes Nays
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1. Minutes and Reports Submitted
Airport Commission of 10/23 and 11/13; City Council of 11/20; Electrical Code Board of
11/20; Housing Code Appeals Board of 6/20; Long Range Planning Advisory
Commission of 11/15; Park and Recreation Commission of 10/10; Plumbing Board of
11/15; Transit Board of 10/12 and 11/9
Proof of publication of City Council Proceedings of November 6, 2006
Printed City Council Proceedings for July and August, 2006
Suggested Disposition: Receive and File; Approve as Printed
2. Notice of Claims/Suits
Mortgage Electronic Registration Systems, Inc. vs. City of Dubuque Housing and
Community Development Department, et al
Suggested Disposition: Receive and File; Refer to City Attorney
City Attorney advising that the following claim has been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Tricia Vosberg-
Padgett for personal injury
Suggested Disposition: Receive and File; Concur
2
3. E.B. Lyons Interpretive Center Expansion Project
Communications from the Long Range Planning Advisory Commission, Historic
Preservation Commission and the Environmental Stewardship Advisory Commission in
support of the E.B. Lyons Interpretive Center Expansion Project.
Suggested Disposition: Receive and File
4. Comprehensive Plan Update
Long Range Planning Advisory Commission submitting the November update on the
Comprehensive Plan.
Suggested Disposition: Receive and File
5. AIA Sustainable Design Team Grant Application
City Manager transmitting the final grant application submitted on November 29, 2006 to
the American Institute of Architects for the Sustainable Design Assessment Team
Program.
Communication from the Historic Preservation Commission in support of the AIA
Sustainable Design Team Grant Application.
Suggested Disposition: Receive and File
6. Bureau of Indian Affairs Regulations
City Manager transmitting information on the proposed Bureau of Indian Affairs Rules
regarding Indian Casinos and recommending that the City submit comments.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
3
7. Brownfield Application
City Manager recommending approval of an application to be submitted to the U.S.
Environmental Protection Agency for a Brownfield's Assessment Grant to assess
environmental contamination in and near the Bee Branch Restoration Area.
RESOLUTION 570-06 Endorsing an application for the U.S. Environmental
Protection Agency's Brownfield Assessment Grant Program
Suggested Disposition: Receive and File; Adopt Resolution
8. Paint Ham House Trim Project
City Manager recommending acceptance of the Paint Ham House Trim Project as
completed by John C. Kaiser Company in the final contract amount of $35,830.
RESOLUTION 571-06Accepting improvement
RESOLUTION 572-06 Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
9. Pyatigorsk Park Parking Lot Project
City Manager recommending acceptance of the Pyatigorsk Park Parking Lot Project as
completed by River City Paving in the final contract amount of $46,247.44.
RESOLUTION 573-06Accepting improvement
RESOLUTION 574-06 Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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10. Financial Advisory Services
City Manager recommending approval of a Request for Proposals for the City's financial
advisory services.
Suggested Disposition: Receive and File; Approve
11. City/County Winter Road Maintenance Agreement
City Manager recommending approval of a new Cooperative Winter Roadway
Maintenance Agreement between the City and County of Dubuque.
RESOLUTION 575-06 Approving the Winter Roadway Maintenance
Agreement between the City of Dubuque and Dubuque County
Suggested Disposition: Receive and File; Adopt Resolution
12. Human Rights Commission 2006 Annual Report
City Manager submitting the Human Rights Commission's Annual Report for Fiscal Year
2006.
Suggested Disposition: Receive and File
13. Administrative Service Concepts (ASC) Fee Renewal
City Manager recommending approval of the renewal rates from Alternative Service
Concepts (ASC) for administration of the City's workers' compensation program.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
14. City of Dubuque Voluntary Annexation
Communication from Chester J. Culver, Secretary of State, advising that the voluntary
annexation of property as requested by Dubuque Bank and Trust has been reviewed
and that it complies with the requirements of Iowa Code Section 368.7.
Suggested Disposition: Receive and File
15. Cedar Ridge Farm Place No. 7
Communication from Julian G. Nemmers requesting acceptance of the public
improvements in Cedar Ridge Farm Place No. 7 in the City of Dubuque, Iowa.
Suggested Disposition: Receive and File; Refer to City Manager
16. Rosedale Avenue Reconstruction Project
City Manager recommending approval of the partial release of retainage of five percent
of the construction costs to one percent for the Rosedale Avenue Reconstruction
Project.
Suggested Disposition: Receive and File; Approve
17. Request for Proposals -Local Voice Service, Long Distance and Internet Service
City Manager recommending approval of a Request for Proposals (RFP) for Local Voice
Service, Long Distance and Internet Services in partnership with Dubuque County.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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18. Request for Proposals -Digital Orthophotography and Data Collection
City Manager recommending approval of a Request for Proposals for Digital
Orthophotography and Data Collection for the corporate limits of the City of Dubuque,
as well as potential annexation areas.
Suggested Disposition: Receive and File; Approve
19. Purchase of Parking Lot
City Manager recommending approval of the purchase of the parking lot located at 12tH
and Bluff Street from Greg Stover in the amount of $115,000, plus the
acknowledgement of a charitable donation, to provide additional parking opportunities
for library customers and employees.
Suggested Disposition: Receive and File; Approve
20. FCC Notice of Inquiry
City Manager recommending approval for the City of Dubuque to join a coalition of
municipalities in responding to a Federal Communications Commission Notice of Inquiry
on a number of issues affecting local communities, including the effect to local
franchising on video competition, and to authorize up to $5,000 from the Cable TV
budget for that purpose.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
21. Vision Iowa Update /Request for Extension
Communication to Andy Anderson, Chairman of the Vision Iowa Board, providing an
update on various Vision Iowa projects and requesting an extension for completion of
the Shot Tower Restoration project.
Suggested Disposition: Receive and File; Approve
22. Grass Cutting Charges
City Manager recommending approval of the levy of special assessments for grass
cutting charges to the Dubuque County Treasurer in order to establish real property
liens for collection of such charges.
RESOLUTION 576-06 Adopting the Schedule of Assessments for the grass
cutting charges specifying the number of annual installments into which assessments
are divided, the interest on all unpaid installments, the time when the assessments are
payable and directing the Clerk to certify the Schedule of Assessments to the County
Treasurer and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
23. Dubuque Screw Products, Inc.
City Manager recommending approval of the Assignment of Development Agreement of
Dubuque Screw Products, Inc. to Michael R. Scherr, President of Dubuque Screw
Products, Inc.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
24. Signed Contracts
-- Eagle Point Park Concrete Replacement Project -Change Order
-- Cost Estimate -Survey and Plat for Shot Tower
-- Floodwall Improvement Projects -Change Order #3
-- A.Y. McDonald Park Project
Suggested Disposition: Receive and File
25. Business License Refund
Request of Cindy McKenna for a refund of the liquor license for The Penalty Box in the
amount of $633.75.
Suggested Disposition: Receive and File; Approve Refund
26. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION 577-06 Granting the issuance of a Class "C" Beer Permit to
Kwik Stop Food Mart - 4039 Pennsylvania, Kwik Stop Food Mart - 2320 Hwy 61, Oky
Doky #21 and Big 10 Mart
RESOLUTION 578-06 Granting the issuance of a Class "B" Liquor License to
Holiday Inn Five Flags, Class "C" Liquor License to Pepper Sprout, Instant Replay, Cue
Masters Billiards, Mario's Italian Restaurant, The White House, Bowling and Beyond,
Las Margaritas; Special Class "C" Liquor License to Cookin Something Up; Class "B"
Wine to Cookin Something Up; and Class "E" Liquor License for Sam's Club
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Connors
Jones
2 Lynch
Michalski
Braig
Buol
a Cline
ITEMS TO BE SET FOR PUBLIC HEARING
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
1 Cline
Code of Ordinance Update
City Manager recommending that a public hearing be set for December 18, 2006 to
consider approval of the revised Code of Ordinances.
Suggested Disposition: Receive and File; Public Hearing 12/18/06
2. Development Agreement for the Port of Dubuque Adams Development Project
City Manager recommending that a public hearing be set for January 16, 2007 to
consider approval of a Development Agreement with Port of Dubuque Adams
Development LLC for a development in the Port of Dubuque, including the Adams
Company building site.
RESOLUTION 579-06 (1) Approving the Minimum Requirements,
Competitive Criteria, and Offering Procedures for the development of certain real
property and improvements in the Greater Downtown Urban Renewal District; (2)
determining that the Development Agreement submitted by Port Of Dubuque
Adams Development, LLC satisfies the Offering Requirements with respect to the
real property and improvements and declaring the intent of the City Council to
approve the Development Agreement with Port of Dubuque Adams
Development, LLC in the event that no competing proposals are submitted; and
(3) soliciting competing proposals
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
1 /16/07
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3. Chaplain Schmitt Memorial Project
City Manager recommending initiation of the public bidding process for the Chaplain
Schmitt Memorial project and further recommending that a public hearing be set for
January 16, 2007.
RESOLUTION 580 Preliminary approval of plans and specifications
RESOLUTION 581 Setting date of hearing on plans and specifications
RESOLUTION 582 Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
1 /16/07
Ayes Nays
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BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Commission:
Human Rights Commission (Three 3-year terms through January 1, 2010 -Terms of
Giesen, Jackson and Jarrard)
Applicants: Mary Coan, Shane Oswa_Id, Gretel Winterwood
Appointment to the following Commission
Investment Oversight Advisory Commiss on (One unexpired term through 7/1/08)
Applicant: Virgil Blocker
Ayes Nays
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/Buol
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• PUBLIC HEARINGS ~~
SUSPEND THE RULES
Ayes Nays
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1. Sewer Revenue Capital Loan Notes - $253,850
Proof of publication on notice of hearing to consider the proposition of issuing not to
exceed $253,850 in Sewer Revenue Capital Loan Notes for rehabilitation of sanitary
sewers in connection with the North Fork Catfish Creek Project and the Water Pollution
Control Plant Study and City Manager recommending approval.
• RESOLUTION 583 Instituting proceedings to take additional action for
the authorization of a Loan and Disbursement Agreement and the issuance of not to
exceed $253,850 Sewer Revenue Capital Loan Notes
RESOLUTION 584 Approving and authorizing a form of Interim Loan
and Disbursement Agreement by and between the City of Dubuque and the Iowa
Finance Authority, and authorizing and providing for the issuance and securing the
payment of $253,850 Sewer Revenue Capital Loan Notes Anticipation project Note,
Series 2006, of the City of Dubuque, Iowa under the provisions of the Code of Iowa, and
providing for a method of payment of said Note
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nayes
/Connors
/Jones
/Michalski
/Lynch
/Braig
/Cline
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2. General Obligation Capital Loan Notes - $1,889,521
Proof of publication on notice of hearing to consider the proposition of issuing not to
exceed $1,889,521 in General Obligation Capital Loan Notes from the State of Iowa
Revolving Fund Loan (SRF) for the Lower Bee Branch Creek Restoration Project and
Upper Bee Branch Creek Restoration Project and culvert improvements and creek
restoration and stabilization undertaken as part of the North Fork Catfish Creek Project
and City Manager recommending approval.
RESOLUTION 585-06 Instituting proceedings to take additional action on
the authorization of a Loan and Disbursement Agreement and the issuance of not to
exceed $1,889,521 General Obligation Capital Loan Notes
RESOLUTION 586-06 Approving and authorizing a form of Interim Loan
and Disbursement Agreement by and between the City of Dubuque and the Iowa
Finance Authority, and authorizing and providing for the issuance and securing the
payment of $1,889,521 General Obligation Capital Loan Notes Anticipation project
Note, Series 2006, of the City of Dubuque, Iowa under the provisions of the Code of
Iowa, and providing for a method of payment of said Note
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
14
3. Port of Dubuque Storm Sewer Extension - Phase V Project
Proof of publication on notice of hearing to consider the Port of Dubuque Storm Sewer
Extension - Phase V Project and City Manager recommending award of the contract to
Tschiggfrie Excavating in the amount of $118,492.40.
RESOLUTION 587-06Adopting plans and specifications
RESOLUTION .588-06 Awarding construction contract for the Port of
Dubuque Storm Sewer Extension - Phase V Project
RESOLUTION 589-06Approving construction contract with Tschiggfrie
Excavating for the Port of Dubuque Storm Sewer Extension - Phase V Project
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
/Connors
/2Jones
/Lynch
/Michalski
/Braig
/Buol
/1Cline
REINSTATE THE RULES
Ayes Nays
/1Connors
/Jones
/Lynch
/Michalski
/2Braig
/Buol
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ACTION ITEMS
Residential Parking Permit District (First Reading on November 6, 2006 and
Second Reading on November 20, 2006)
Communication from Jude Claussen, 1833 Hansel Drive, urging a yes vote on the
Residential Parking Permit District on Hansel Drive.
ORDINANCE 75-06
Establishing a Residential Parking Permit District on
Hansel Drive from Keystone Drive to Keymont Drive ,
Suggested Disposition: receive and File; Motion A
Ayes Nays
/ Connors
/Jones
/Lynch
/Michalski
/Braig
/Buol
/Cline
Ayes Nays
Connors
Jones
Lynch.
Michalski
Braig
Buol
Cline
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2.
Building Code Amendment and Window Replacement and Alteration Policy
City Manager recommending approval of a Building Code Amendment and Window
Replacement and Alteration Policy which would allow staff to have the ability to approve
a building permit for the alteration or replacement of a window in a historic district in lieu
of formal HPC Design Review, provided the proposed alteration or replacement meets
either the City's Architectural Guidelines for Historic Structures or the Window
Replacement and Alteration Policy.
ORDINANCE 76-06 Amending Chapter 11 (Building Regulations) of the City
of Dubuque Code of Ordinances by amending Section 11-2 International Building Code
Amendments and Section 11-6 International Residential Code Amendments
Suggested Disposition: Receive and File; Motion B; Motion A
Ayes Nays
1/Connors
2/Jones
/Lynch
/Michalski
/Braig
/Buol
Ayes Nays
2/Connors
1/Jones
/ Lynch
/ Michalski
/ Braig
/Buol
/Cline
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3. Comprehensive Plan Update
Communication from the Long Range Planning Advisory Commission requesting that a
work session be scheduled for an update on the Comprehensive Plan.
Sug ested Disposition: Receive and File; Council (Suggested Date -January 22,
2007 at 5:30 p.m.)
Ayes Nays
2/Connors
/Jones
/Lynch
/Michalski
/Braig
/Buol
1/Cline
4. Municipal Fire and Emergency Service Response and Deployment Study
City Manager recommending that a work session be scheduled for January 3, 2007 at
5:00 p.m. to receive a presentation on the Municipal Fire and Emergency Service
Response and Deployment Study from the consultant, Travis Miller of the Matrix
Consulting Group.
Suggested Disposition: Receive and File; Approve
Ayes Nays
/ Connors
/Lynch
1/Michalski
2/Braig
/Buol
/Cline
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5. Fiscal Year 2008 Budget Hearing Schedule
City Manager recomme approval to move the previously scheduled February 20th
budget hearing to March 2007.
Suggested Disposition: Receive and File; Approve
Ayes Nays
1/Connors
/ Jones
/Lynch
/Michalski
2/Braig
/Buol
/Cline
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
L...J
Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)Q) 2005 Code of Iowa
Motion to go into closed session at 7:15
Ayes Nays
2/Connors
/Jones
/Lynch
1 /Michalski
/ Braig
/Buol
/Cline
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Motion to adjourn at
Ayes Nays
Connors
Jones
Lynch
Michalski
Braig
Buol
Cline
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