Loading...
4 6 09 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 6, 2009 in the Histor- ic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Ken Daughters, President of Emmaus Bible College. PROCLAMATIONS Week of the Young Child (April 19-25, 2009) was accepted by Ann Willenbring, Association of the Education of Young Children, 4300 Asbury Road. Library Week (April 12-18, 2009) was accepted by Library Director Susan Henricks and Li- brary staff. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions and dispose of as indicated with #21 Indiana Subdivision having been removed from the agenda. Seconded by Connors. Lynch requested #20 Joe Lukehart Professional Services Award be held for separate discussion. Braig requested #24 Liquor License Transfer be held for separate discussion. Mo- tion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 2/24; City Council of 3/16 and 3/23; Housing Commission of 1/27; Library Board of Trustees of 1/22; Me- chanical Board of 3/18 Proofs of publication for City Council Proceedings of March 2, March 3, March 9, March 16, and March 23, 2009; Governing Board of the Municipal Housing Agency of March 9, 2009; and List of Claims and Summary of Revenues for the Month Ended February 28, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Charles F. Carr for vehicle damage; Chase Home Finance, LLC vs. City of Dubuque, et al; Deutsche Bank National Trust Company vs. City of Dubuque, et al; Mil- dred G. Finzel for vehicle damage; Tracey Hillery for vehicle damage; Tim Nemmers for prop- erty damage; Jessica M. Schick for vehicle damage; David J. Schmitt for property damage; Jon and Diane Trotter for property damage; Superior Welding Supply Co. for property damage; Mary L. VanNatta for vehicle damage; Wells Fargo National Association vs. City of Dubuque, et al; Tony and Michelle Zurcher for property damage; Iowa Code Chapter 573 Notice of Claim, Public Improvement Claim, filed by Attorney Denis Y. Reed on behalf of Iowa Reinforc- ing Steel, LLC, for services provided at the Port of Dubuque Public Parking Facility; Iowa Code Chapter 573 Notice of Claim, Public Improvement Claim, filed by Attorney Douglas J. Reed on behalf of Iowa Reinforcing Steel, LLC, for services provided at the Port of Dubuque Public Parking Facility Upon motion the documents were received and filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: Mildred G. Finzel for ve- hicle damage; Sara Gilles for personal injury; Tracey Hillery for vehicle damage; Tim Nemmers for property damage; Jessica M. Schick for vehicle damage; David J. Schmitt for property damage; April Shoars for personal injury; Diane Trotter for property damage; Mary L. VanNatta for vehicle damage; Tony and Michelle Zurcher for property damage. City Attorney recommending denial of claims by Kathleen M. Kane for property damage and Superior Welding Supply Co. for property damage. City Attorney recommending approval of a claim by Charles F. Carr for vehicle damage. Upon motion the documents were received and filed and concurred. Locust Street Connector and Central Avenue Traffic Control Project: City Manager recom- mending acceptance of the construction contract for the Locust Street and Central Avenue Traffic Control Camera and Fiber Optic Improvement Project as completed by Price Industrial Electric in the amount of $404,821.40. Upon motion the documents were received and filed and Resolution No. 109-09 Accepting the Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optics Improvements Project (Iowa DOT Project No. STP-A-946- 0(1)-86-31 and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 109-09 ACCEPTING THE LOCUST STREET CONNECTOR AND CENTRAL AVENUE TRAFFIC CONTROL CAMERA AND FIBER OPTICS IMPROVEMENTS PROJECT (IOWA DOT PROJECT NO. STP-A-946-0(1)--86-31) AND AUTHORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optics Improvements Project (Iowa DOT Project No. STP-A-946-0(1)--86-31) (the Project) has been completed and the City Engineer has ex- amined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Traffic Signal Operations Center fund, Traffic Signal Interconnect fund, Traffic Signal Mastarm Retrofit fund, Fiber Optic Conduit-Private Subdivisions & Misc. Projects fund and the Fiber Optic Con- duit-Paving Projects fund appropriation for the contract amount of $404,821.40 less any re- tained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 6 day of April, 2009. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE LOCUST STREET CONNECTOR AND CENTRAL AVENUE TRAFFIC CONTROL CAMERA AND FIBER OP- TICS IMPROVEMENTS PROJECT (IOWA DOT PROJECT NO. STP-A-946-0(1)--86-31) 2 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Locust Street Connector and Central Avenue Traffic Control Camera and Fiber Optics Improvements Project (Iowa DOT Project No. STP-A-946-0(1)--86-31), that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $452,222.27. rd Dated this 3 day of April, 2009. Gus Psihoyos, City Engineer rd Filed in the office of the City Clerk on the 3 day of April, 2009. Kevin S. Firnstahl, Assistant City Clerk Community Development Block Grant (CDBG) Access Ramp Project: City Manager recom- mending acceptance of the construction contract for the 2007 Community Development Block Grant (CDBG) Access Ramp Project as completed by Skyline Storage & Trucking in the final amount of $42,316.57. Upon motion the documents were received and filed and Resolution No. 110-09 Accepting the 2007 CDBG Access Ramp Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 110-09 ACCEPTING THE 2007 CDBG ACCESS RAMP PROJECT AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2007 CDBG Access Ramp Project (the Project) has been completed and the City Engineer has examined the work and filed a certifi- cate stating that the Project has been completed according to the terms of the Public Im- provement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Wheel Chair Ramps Capital Improvement Project appropriation for the contract amount of $42,316.57 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 6th day of April, 2009. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2007 CDBG ACCESS RAMP PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2007 CDBG Access Ramp Project, that the Project has been performed in com- pliance with the terms of the Public Improvement Contract, and that the total cost of the com- pleted work is $46,548.32. Dated this 3rd day of April, 2009. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 3rd day of April, 2009. Kevin S. Firnstahl, Assistant City Clerk Collective Bargaining: City Manager recommending approval of an amendment to the Col- lective Bargaining agreement between the City of Dubuque and Teamsters Local #120 for Air- 3 port Maintenanceworkers and Airport Mechanic. Upon motion the documents were received, filed, and approved. Justice Assistance Grant (JAG): City Manager recommending acceptance of the 2009 Ed- ward Byrne Memorial Justice Assistance Grant (JAG). Upon motion the documents were re- ceived, filed, and approved. Request for Proposals - Towing Contract Renewal: City Manager recommending the is- suance of a Request for Proposals for the City Towing Contract for Fiscal Years 2010 - 2012. Upon motion the documents were received, filed, and approved. Signed Contracts: Black Hills Energy for water meter reading services; Apex Management Group for actuary services; and IIW Engineers for design services. Upon motion the docu- ments were received, filed, and approved. Chavenelle Road: City Manager recommending approval of an agreement between Giese Properties, LLC, and the City of Dubuque to modify site access points to the Giese Manufac- turing site in the Dubuque Industrial Center West. Upon motion the documents were received, filed, and approved. Moving Forward with GIS: City Manager recommending acceptance of a proposal from En- vironmental Systems Research Institute (ESRI), execution of an agreement to create an En- terprise System for Geographic Information System (GIS), and purchase of a ArcGIS Server to Support the GIS System. Upon motion the documents were received, filed, and approved. Request for Proposals – Roosevelt Park Redevelopment: City Manager recommending ap- proval of the issuance of a Request for Proposals for the professional design services for For- mation of a Basic Master Plan for Redevelopment of Roosevelt Park. Upon motion the docu- ments were received, filed, and approved. Request for Proposals – Professional Services for Wetlands Monitoring: City Manager re- commending approval of the issuance of a Request of Proposals for the Professional Wetlands Monitoring Services at the Dubuque Industrial Center West. Upon motion the documents were received, filed, and approved. Mutual Aid and Assistance Agreement (IOWARN): City Manager recommending approval of a Mutual Aid and Assistance agreement for the Iowa Water/Wastewater Response Network (IOWARN) to support water and wastewater utilities during times of emergencies. Upon motion the documents were received and filed and Resolution No. 111-09 Approving Mutual Aid and Assistance Agreement between the City of Dubuque and the Iowa Water/Wastewater Agency Response Network (IOWARN) was adopted. RESOLUTION 111-09 APPROVING MUTUAL AID AND ASSISTANCE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE WATER/WASTEWATER AGENCY RESPONSE NETWORK (IO- WARN) Whereas, the City of Dubuque, Iowa and the Water/Wastewater Agency Response Network (IOWARN) enter into a Mutual Aid Agreement in providing utility support during times of emer- gencies. 4 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1: That the City Council of the City of Dubuque, Iowa hereby approves and directs the City Manager to sign the attached Mutual Aid Agreement with the Water/Wastewater Agency Response Network (IOWARN) in providing assistance during times of utility emergen- cies. Passed, approved and adopted this 6th day of April, 2009. Roy D. Buol, Mayor Attest: Kevin Firnstahl, Assistant City Clerk Legislative Correspondence: City Manager submitting correspondence to State Legislators thanking them for supporting the Fiscal Year 2009 Federal Omnibus Bill; urging opposition to Senate File 226 and the Annexation Bill – House File 160. Upon motion the documents were received and filed. Dubuque Golf and Country Club: Communication from Richard Bugalski, General Manager of the Dubuque Golf and Country Club, requesting permission to display fireworks on Country Club property, Saturday, July 4, 2009. Upon motion the document was received, filed, and ap- proved. Mediacom: Communications from Lee Grassley, Senior Manager, Government Relations for Mediacom, advising the City of rate increases in basic and premium packages. Upon motion the documents were received and filed. U.S. Department of Housing and Urban Development: Communication from Shaun Dono- van, U.S. Department of Urban Development, advising the City of an allocation of funds from the American Recovery and Reinvestment Act of 2009 for selected City housing programs. Upon motion the document was received and filed. City Development Board: Communication from Steven R. McCann, City Development Board Administrator, advising the City that the documents completing the Westside annexation have been recorded with the Secretary of State and the Dubuque County Recorder. Upon motion the documents were received and filed. Civil Service Commission: Correspondence from Otto Krueger submitting his resignation from the Civil Service Commission effective immediately. Upon motion the document was re- ceived and filed, and the resignation accepted. Joe Lukehart Professional Services Award: Communication from the Iowa City/County Management Association advising the City that City Manager Michael Van Milligen has been awarded the Joe Lukehart Professional Service Award for Outstanding Contribution to the Ad- vancement of City Management in Iowa. Motion by Lynch to receive and file the documents. Seconded by Jones. Council Member Lynch acknowledged the award and Council Members congratulated Van Milligen. Motion carried 7-0. Indiana Subdivision: Removed from the agenda prior to the meeting. Community Disaster Grant: City Manager recommending the submission of an application for Community Disaster Grant Funding for assistance and expenses related to the 2008 floods. Upon motion the documents were received, filed and approved. 5 Tobacco Compliance – Civil Penalties for Tobacco License Holders: City Manager recom- mending approval of the Acknowledgement/Settlement Agreements for a second offense to- bacco compliance violation for Oky Doky, 1256 Iowa Street; and HyVee #1, 3500 Dodge Street. Upon motion the documents were received, filed, and approved. Liquor License Transfer: Request of Monk’s Kaffee Pub to transfer their liquor license to the Masonic Temple on April 18, 2009. Motion by Braig to receive and file the documents and ap- prove. Seconded by Jones. Braig stated that Emotion Connection is a wonderful event for all ages and thanked the many volunteers involved in the project. Motion carried 7-0. Liquor License Renewals: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 112-09 Granting the issuance of a Class “C” Beer/Liquor License for Neighbor’s Tap, Olive Garden Restaurant, Clarke College, and Noonan’s Tap; a Special Class “C”: (BW) Liquor Li- cense for Mindframe Theater and Dollar Dish Restaurant; and a Class “B” Wine License for Oky Doky #1 and Oky Doky #2; and Resolution No. 113-09 Granting the issuance of a Class “B” Beer Permit for McAleece Park and Recreation; and a Class “C” Beer Permit for Oky Doky #1, Oky Doky #2, Par Food Mart, and Ron’s Five Point Mart were adopted. RESOLUTION NO. 112-09 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Neighbor’s, Inc. Neighbor’s Tap 1899 Rockdale Road GMRI, Inc. Olive Garden Rest.+(Sunday Sale) 3350 Dodge Street Clarke College of DBQ Clarke College+(Sunday Sale) 1550 Clarke Drive Mary Lou Kamp Noonan’s Tap+(Sunday Sale) 1618 Central Avenue SPECIAL CLASS “C”(BW) LIQUOR Mindframe MultiMedia Mindframe Theaters+(Sunday Sale) 555 JFK Rd # 105 Dollar Dish, LLC Dollar Dish Restr.+(Sunday Sale) 1099 University Ave- nue CLASS “B” WINE TFM Co. Oky Doky # 1 250 W 1 st Street TFM Co. Oky Doky # 2 51 W 32 nd Street Passed, approved and adopted this 6th day of April 2009. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk 6 RESOLUTION NO. 113-09 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “B” BEER PERMIT City of Dubuque McAleece Park & Recreation 1801 Admiral Sheehy Drive +(Sunday/Outdoor Sale) CLASS “C” BEER PERMIT TFM Co. Oky Doky # 1+(Sunday Sale) 250 W 1 st Street TFM Co. Oky Doky # 2+(Sunday Sale) 51 W 32 nd Street Sahajanand Enter Par Food Mart+(Sunday Sale) 3200 Central Avenue R Future Ron’s Five Point Mart+(Sunday Sale) 405 Rhomberg Avenue th Passed, approved and adopted this 6 day of April, 2009 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Louise Lane Bridge Reconstruction Project: City Manager recommending initiation of the public bidding process for the Louise Lane Bridge Reconstruction Project and that a public hearing be set for April 20, 2009. Upon motion the documents were received and filed and Resolution No. 114-09 Preliminary approval of plans, specifications, form of contract, and es- timated cost; setting date of public hearing on plans, specifications, form of contract, and esti- mated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 20, 2009, in the Historic Federal Building. RESOLUTION NO. 114-09 LOUISE LANE BRIDGE RECONSTRUCTION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTI- SEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Louise Lane Bridge Reconstruction Project, in the estimated amount $284,000.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 20 day of April, 2009, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time 7 and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twen- ty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Louise Lane Bridge Reconstruction Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be pub- lished not less than four but not more than forty-five days before the date for filing bids before th 2:00 p.m. on the 28 day of April, 2009. Bids shall be opened and read by the City Clerk at th said time and will be submitted to the City Council for final action at 6:30 p.m. on the 4 day of th May, 2009, in the Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 6 day of April, 2009. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk BOARDS/COMMISSIONS Appointment to the following Board/Commission: Civil Service Commission (Mayor Ap- pointment): One 4-year term through April 6, 2013 (Term of White). Applicant: Dan White, 2919 Elm Street. Upon City Council concurrence, Mayor Buol appointed Dan White to the Civil Service Commission for a 4-year term through April 6, 2013. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Dubuque Industrial Center Planned Unit Development District (Tabled on January 20, 2009): City Manager requesting that this item be tabled to July 6, 2009. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending ap- proval, with conditions. Motion by Jones to remove from the table. Seconded by Voetberg. Motion carried 7-0. Motion by Jones to table a proposed ordinance amending Appendix A (the Zoning Ordin- ance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Devel- opment Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07 to July 7, 2009. Seconded by Voetberg. Motion carried 7-0. J.D. Communications, Inc. Lease: Proof of publication on notice of hearing to consider a five-year lease with J.D. Communications, Inc. (Julien’s Journal) for space in the Historic Fed- eral Building and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 115-09 Approving the disposal of an interest in real 8 property owned by the City of Dubuque by lease between the City of Dubuque, Iowa, and JD Communications, Inc. Seconded by Voetberg. Motion carried 7-0. RESOLUTION NO. 115-09 RESOLUTION APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND JD COMMUNICATIONS, INC. WHEREAS, the City of Dubuque, Iowa (City) owns the real property described as the Historic th Federal Building, located at 350 West 6 Street in the City of Dubuque, Iowa; and WHEREAS, City and JD Communications have negotiated a 5 year Lease Agreement, with a 5 year option, for space in the Historic Federal Building, a copy of which is attached; and WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between City and JD Communications is hereby approved and the City Manager is authorized to execute said lease on behalf of the City of Dubuque. th Passed, approved and adopted this 6 day of April, 2009. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract and estimated cost for the Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 116-09 Approving plans, specifications, form of contract, and estimated cost for the Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II (Pipe Coating) Project. Seconded by Braig. Motion carried 7-0. RESOLUTION 116-09 EAGLE POINT WATER PLANT CLEAR WELL RESERVOIR REHABILITATION PHASE II (PIPE COATING) PROJECT APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE EAGLE POINT WATER PLANT WEST CLEAR WELL RESERVOIR RE- HABILITATION PHASE II (PIPE COATING) PROJECT. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Eagle Point Water Plant Clear Well Reservoir Rehabilitation Phase II (Pipe Coating) Project, in the estimated amount of $52,000, are hereby approved. Passed, adopted and approved this 6th day of April, 2009. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Iowa Department of Economic Development: Proof of publication on notice of hearing to consider a Physical Infrastructure Assistance Program (PIAP) Forgivable Loan Contract with the Iowa Department of Economic Development on behalf of Dubuque Initiatives and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 117-09 Approving a Physical Infrastructure Assistance Program (PIAP) contract and Promissory Note with the Iowa Department of Economic Development for the 9 purchase of the Roshek Building. Seconded by Voetberg. Voetberg questioned if there was a conflict of interest since three Council Members are on the Dubuque Initiatives Board. Lindahl stated that since those Council Members receive no direct benefit from their membership on that board, there was no conflict of interest. Motion carried 7-0. RESOLUTION NO. 117-09 APPROVING A PHYSICAL INFRASTRUCTURE ASSISTANCE PROGRAM (PIAP) CONTRACT AND A PROMISSORY NOTE WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT FOR THE PURCHASE OF THE ROSHEK BUILDING. WHEREAS, the City of Dubuque, Iowa has received funding from the Iowa Department of Economic Development through the Physical Infrastructure Assistance Program (PIAP) to assist Dubuque Initiatives with the purchase of the Roshek building, and WHEREAS, the City is required to execute a Physical Infrastructure Assistance Program (PIAP) contract and a Promissory Note with the Iowa Department of Economic Development, and WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to approve a contract, and WHEREAS, the City is required to hold a public hearing prior to approving the promissory note. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque approves a Physical Infrastructure Assistance Program (PIAP) contract and a Promissory Note between the City and the Iowa Department of Economic Development. Section 2. That the Mayor is hereby authorized to execute the attached contract with the Iowa Department of Economic Development together with such documents as may be required. th Passed, approved and adopted this 6 day of April, 2009. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Kephart Building Improvement Project: City Manager recommending award of the Kephart Building Improvement Project to Klauer Construction in the amount of $577,992. Motion by Jones to receive and file the documents and adopt Resolution No. 118-09 Awarding public im- provement contract for the Kephart Building Improvement Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 118-09 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE KEPHART BUILDING IM- PROVEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the Kephart Building Improvement Project (the Project) pursuant to Resolution No. 86-09 and Notice to Bidders th published in a newspaper published in the City of Dubuque, Iowa on the 6 day of March, 2009. st Whereas, said sealed proposals were opened and read on the 1 day of April, 2009, and it has been determined that Klauer Construction of Dubuque, Iowa, with a bid in the amount of $ 577,992, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 10 That a Public Improvement Contract for the Project is hereby awarded to Klauer Construc- tion and the City Manager is hereby directed to execute a Public Improvement Contract on be- half of the City of Dubuque for the Project. th Passed, approved and adopted this 6 day of April, 2009. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Request for Proposals - Water Meter Review: City Manager submitting the final Water Meter Review and Testing Phase II Report as completed by HDR Engineering and M.E. Simpson Co. and recommending approval of the issuance of a Request for Proposals for firms to assist in developing plans and specifications for the Water Meter Change Out Program. Motion by Con- nors to receive and file the documents and approve. Seconded by Braig. Motion carried 7-0. Southwest Arterial Consultant Selection Acquisition Appraisal Services: City Manager re- commending approval of Iowa Appraisal and Research Corporation as the Acquisition Ap- praisal Services Consultant and requesting authorization to negotiate a Professional Services Agreement and execute a contract with Iowa Appraisal and Research Corporation for the Southwest Arterial Project. Motion by Lynch to receive and file the documents and adopt Reso- lution No. 119-09 Approving the selection of Iowa Appraisal and Research Corporation as the Professional Appraisal Services consultant to provide real estate property acquisition apprais- als for the acquisition of right-of-way for the development of the Southwest Arterial Project. Seconded by Jones. In response to property owner feedback and a recent media article, Buol and Connors stated that there has been much work on this project during the last 15 years de- spite the public perception that the project was not progressing. Motion carried 7-0. RESOLUTION NO. 119-09 RESOLUTION APPROVING THE SELECTION OF IOWA APPRAISAL AND RESEARCH CORPORATION AS THE PROFESSIONAL APPRAISAL SERVICES CONSULTANT TO PROVIDE REAL ESTATE PROPERTY ACQUISITION APPRAISALS FOR THE ACQUISI- TION OF RIGHT-OF-WAY FOR THE DEVELOPMENT OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque (City) and the Iowa Department of Transportation (Iowa DOT) have agreed to jointly perform right-of-way property acquisition for the Project. Whereas, based on the right-of-way property acquisition services agreement with the Iowa DOT, the City will be responsible for contracting the following acquisition related work tasks: Acquisition Appraisals ? Review Appraisals ? Whereas, the City of Dubuque (City) developed a Request for Proposals (RFP) and solicited qualified professional appraisal consultants to provide the real estate property acquisition ap- praisals for the right-of-way acquisition for the development of the Southwest Arterial Project (Project); and Whereas, the consultant selection process was done in accordance with the Iowa Depart- ment of Transportation “Modified” Consultant Selection Process; and Whereas, the Consultant Selection Committee selected Iowa Appraisal and Research Cor- poration of Des Moines, Iowa as the first-ranked appraisal consultant to provide real estate property acquisition appraisal services for acquisition of right-of-way for the development of the Project; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: 11 Section 1. That the City Council hereby concurs with the Consultant Selection Committee recommendation of Iowa Appraisal and Research Corporation as the first-ranked appraisal consultant and hereby approves Iowa Appraisal and Research Corporation to provide real es- tate property Acquisition Appraisal Services for the right-of-way acquisition for the develop- ment of the Southwest Arterial Project (Project). Section 2. That the City Manager is hereby authorized to develop a Professional Services Agreement with Iowa Appraisal and Research Corporation, subject to approval of the Iowa Department of Transportation, to complete the acquisition appraisal phase of the Project. Section 3. That the City Manager is hereby authorized and directed to execute three copies of said Consultant Professional Services Agreement (Contract) with Iowa Appraisal and Re- search Corporation to provide real estate property acquisition appraisal services for acquisition of right-of-way for the development of the Southwest Arterial Project. th Passed, adopted and approved this 6 day of April, 2009. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk Southwest Arterial Consultant Selection Review Appraisal Services: City Manager recom- mending approval of Peoples Company of Iowa as the selected Review Appraisal Services Consultant, requesting authorization to negotiate a Professional Services Agreement and ex- ecute a contract with Peoples Company of Iowa for the Southwest Arterial Project. Motion by Lynch to receive and file the documents and adopt Resolution No. 120-09 Approving the selec- tion of Peoples Company of Iowa as the Professional Appraisal Services Consultant to provide real estate property review appraisals for the acquisition of the right-of-way for the develop- ment of the Southwest Arterial Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 120-09 RESOLUTION APPROVING THE SELECTION OF PEOPLES COMPANY OF IOWA AS THE PROFESSIONAL APPRAISAL SERVICES CONSULTANT TO PROVIDE REAL ESTATE PROPERTY REVIEW APPRAISALS FOR THE ACQUISITION OF RIGHT-OF-WAY FOR THE DEVELOPMENT OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque (City) and the Iowa Department of Transportation (Iowa DOT) have agreed to jointly perform right-of-way property acquisition for the Project. Whereas, based on the right-of-way property acquisition services agreement with the Iowa DOT, the City will be responsible for contracting the following acquisition related work tasks: Acquisition Appraisals ? Review Appraisals ? Whereas, the City of Dubuque (City) developed a Request for Proposals (RFP) and solicited qualified professional appraisal consultants to provide the real estate property review apprais- als for the right-of-way acquisition for the development of the Southwest Arterial Project (Project); and Whereas, the consultant selection process was done in accordance with the Iowa Depart- ment of Transportation “Modified” Consultant Selection Process; and Whereas, the Consultant Selection Committee selected Peoples Company of Iowa of India- nola, Iowa as the first-ranked appraisal consultant to provide real estate property review ap- praisal services for acquisition of right-of-way for the development of the Project; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. That the City Council hereby concurs with the Consultant Selection Committee recommendation of Peoples Company of Iowa as the first-ranked appraisal consultant and he- reby approves Peoples Company of Iowa to provide real estate property Review Appraisal 12 Services for the right-of-way acquisition for the development of the Southwest Arterial Project (Project). Section 2. That the City Manager is hereby authorized to develop a Professional Services Agreement with Peoples Company of Iowa, subject to approval of the Iowa Department of Transportation, to complete the review appraisal phase of the Project. Section 3. That the City Manager is hereby authorized and directed to execute three copies of said Consultant Professional Services Agreement (Contract) with Peoples Company of Iowa to provide real estate property Review Appraisal Services for acquisition of right-of-way for the development of the Southwest Arterial Project. th Passed, adopted and approved this 6 day of April, 2009. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk State Revolving Fund (SRF) Loan Application: City Manager recommending submittal of an application to the Iowa EPA State Revolving Fund (SRF) for a “Green” Project low-interest loan for the Water Meter Efficiency Replacement Program. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0. Community Oriented Policing Services (COPS) Hiring Recovery Program: City Manager re- commending submittal of a Community Oriented Policing Services (COPS) Hiring Recovery Program Grant for the purpose of obtaining three-year funding for four police officer positions. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Voetberg. Motion carried 7-0. City of Dubuque Code of Ordinances – Chapter 27: City Manager recommending approval of modifications to Chapter 27 of the Dubuque Code of Ordinances so that it remains consis- tent with the recent federal changes to the Americans with Disabilities Act and the Equal Pay Act. Motion by Connors to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and adoption of Ordinance No. 18-09 Amending the City of Dubuque Code of Ordinances by repealing Chapter 27 Human Rights and Adopting a new Chapter 27 Human Rights in lieu thereof. Seconded by Braig. Motion carried 7-0. ORDINANCE NO. 18-09 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING CHAP- TER 27 HUMAN RIGHTS AND ADOPTING A NEW CHAPTER 27 HUMAN RIGHTS IN LIEU THEREOF. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. Chapter 27 of the City of Dubuque Code of Ordinances is amended as set forth in…Chapter 27 Human Rights*. Section 2. This Ordinance shall take effect on publication. th Passed, approved and adopted the 6 day of April, 2009. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, Assistant City Clerk th Published officially in the Telegraph Herald Newspaper the 10 day of April, 2009. /s/Kevin S. Firnstahl, Assistant City Clerk *The complete Chapter 27 was attached to the original Ordinance No. 18-09 and published in its entirety. 13 COUNCIL MEMBER REPORTS Voetberg reported on his attendance at the National League of Cities Conference stating that many high-level federal government officials were asking cities to use innovation, partner- ships, and sustainability in order to receive available federal funds. Voetberg added that Dubu- que was used as an example for taking sustainability seriously, and he was told by an Amtrak representative that rail service efforts should be concentrated in Des Moines. Voetberg also reported that the delegation from Dubuque’s Sister City of Handan, China, is attempting to re- organize a trip to Dubuque in June 2009. Lynch reported that he received a memo stating that a new mayor had been appointed in Dubuque’s Sister City of Handan, China, and suggested possible outreach, which he would be willing to assist with. Connors suggested continued discussions of the Sister City program with staff and/or City Council. CLOSED SESSION Motion by Jones to go into closed session at 7:13 p.m. regarding Pending Litigation pur- suant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Connors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:39 p.m. stating that staff had been given property direction. There being no further business, upon motion the City Council adjourned at 8:40 p.m. /s/Kevin S Firnstahl Assistant City Clerk 14