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1 5 09 Ctiy Coucnil Agenda w/Icons ROLL CALL ORDER FOR MEETING OF 1/5/09 BRAIG BUOL CONNORS JONES LYNCH RESNICK VOETBERG CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. – SPECIAL SESSION – CITY OF DUBUQUE WEBSITE DEMONSTRATION 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, JANUARY 5, 2009 Work Session - MVM Work Session - Staff MemoMemo PLEDGE OF ALLEGIANCE INVOCATION Reverend Nancy Bickel, First Congregational United Church of Christ PROCLAMATIONS Special Olympics Iowa Dubuque Winter Games Proclamation (January 12 – 14, 2009) Martin Luther King Days (January 18 and 19, 2009) Special OlympicsMartin Luther King Days 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 12/15; Civil Service Commission of 12/23; Park and Recreation Commission of 12/9; Plumbing Board of 12/18 Proofs of publication of City Council Proceedings of December 1, 2008 (Regular and Special Meeting) Suggested Disposition: Receive and File City CouncilCivil ServicePark and RecPlumbing Bd 2. Notice of Claims/Suits Bonjour Estates for property damage; Gloria Kramer for vehicle damage; Timothy Wolfe for personal injury; Debbie Kieffer for vehicle damage; French Quarter Estates, L.C. vs. City of Dubuque for overcharging for water service; Jim David for property damage; William Latham for personal injury; Noel F. Ploessl for vehicle damage. Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Timothy R. Wolfe for personal injury; Debbie Kieffer for vehicle damage; Gloria Kramer for vehicle damage Suggested Disposition: Receive and File; Concur Claims - ICAP 3. Worker’s Compensation Claims Administrative Services Agreement City Manager recommending approval of the agreement between the City of Dubuque and Alternative Services Concepts (ASC) for services related to the administration of the City’s Worker’s Compensation Program. Suggested Disposition: Receive and File; Approve Worker's Comp - Worker's Comp - Worker's Comp - Staff MemoContract MVM Memo 2 4. Hempstead Safety Improvements – Crosswalks and Geometrics Project City Manager recommending that the Hempstead Safety Improvements – Crosswalks and Geometrics Project contract award to McDermott Excavating in the amount of $83,403.51 be recorded in the official minutes of the City Council. Suggested Disposition: Receive and File Traffic Signals - MVM Traffic Signals - Staff MemoMemo 5. 2008 Sidewalk Assessment Program City Manager recommending approval of the levy of special assessments for the 2008 Sidewalk Inspection Program. RESOLUTION Adopting the final assessment schedule for the 2008 Sidewalk Assessment Program Suggested Disposition: Receive and File; Adopt Resolution Sidewalks - MVM Sidewalks - Staff Sidewalks - 2008 Sidewalk MemoMemoResolutionAssessments 6. Mayor Communication Communication from Mayor Roy Buol to The Honorable Thomas Vilsack congratulating him on his appointment by President-Elect Barack Obama as Secretary of the U.S. Department of Agriculture and offering a suggestion on how to help revitalize rural America. Suggested Disposition: Receive and File Vilsack Ltr 7. City of Epworth Communication from Phillip W. Silker, Mayor of the City of Epworth, thanking the City of Dubuque Fire Department for their assistance with a fire in the early morning hours of th December 7. Suggested Disposition: Receive and File 3 Epworth Ltr 8. 1000 Friends of Iowa Two news releases announcing that the City of Dubuque HEART Program has received the 1000 Friends of Iowa 2008 Best Development Award. Suggested Disposition: Receive and File Press Release #1Press Release #2 9. Groveland Place Sanitary Sewer Reconstruction Project City Manager recommending acceptance of the Groveland Place Sanitary Sewer Reconstruction Project as completed by Arensdorf Excavating & Trucking in the final contract amount of $46,884.14. RESOLUTION Accepting the Groveland Place Sanitary Sewer Reconstruction Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Groveland - MVM Groveland - Staff Groveland - MemoMemoResolution 10. John F. Kennedy Road and Kaufmann Avenue Storm Sewer Project City Manager recommending acceptance of the John F. Kennedy Road and Kaufmann Avenue Storm Sewer Project as completed by McDermott Excavating in the final contract amount of $70,278.16. RESOLUTION Accepting the John F. Kennedy Road-Kaufmann Avenue Storm Sewer Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution JFK - MVM MemoJFK - Staff MemoJFK - Resolution 4 11. Hawthorne Street – Sutton Pool Storm Sewer Extension Project City Manager recommending acceptance of the Hawthorne Street – Sutton Pool Storm Sewer Extension Project as completed by Drew Cook & Sons Excavating Co., Inc. of Dubuque, Iowa, in the final contract amount of $41,286.40. RESOLUTION Accepting the Hawthorne Street – Sutton Pool Storm Sewer Extension Project and authorizing the payment of the contract amount to the contractor. Suggested Disposition: Receive and File; Adopt Resolution Hawthorne - MVM Hawthorne - Staff Hawthorne - MemoMemoResolution 12. Supervisory Training Agreement City Manager recommending approval of an agreement with Dale Carnegie Training to provide supervisory training for the City of Dubuque. Suggested Disposition: Receive and File; Approve Training - MVM MemoTraining - MVM MemoTraining - Agreement 13. Purchase of Property – 1576 Maple Street City Manager recommending approval of the purchase of a residential dwelling located at 1576 Maple Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate located at 1576 Maple Street in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 1576 Maple - MVM 1576 Maple - Staff 1576 Maple - MemoMemoResolution 14. Zoning Board of Adjustment Resignation Resignation of William Gasper from the Zoning Board of Adjustment. Suggested Disposition: Receive and File; Accept Resignation 5 Gasper Ltr 15. Five Flags HVAC and Promenade Roof Replacement Project City Manager recommending acceptance of the Five Flags HVAC and Promenade Roof Replacement Project as completed by Giese Sheet Metal in the final contract amount of $711,126.00. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Five Flags - MVM Five Flags - Staff Five Flags - Memo MemoResolutions 16. Veterans Memorial Park Rest Room Renovation Project City Manager recommending acceptance of the Veterans Memorial Park Rest Room Renovation Project as completed by Klauer Construction Company in the final contract amount of $70,485. RESOLUTION Accepting improvement RESOLUTION Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions Rest Room - MVM Rest Room - Staff Rest Room - Memo MemoResolutions 17. ACHIEVE Healthy Communities Grant City Manager recommending approval of an application to the National Recreation and Park Association to become an ACHIEVE Healthy Communities Demonstration Site Suggested Disposition: Receive and File; Approve ACHIEVE - MVM ACHIEVE - Staff ACHIEVE - Grant Memo MemoApplication 6 18. 2008 Annual Tax Increment Financing Report City Manager recommending approval of the 2008 Annual Tax Increment Financing Report. Suggested Disposition: Receive and File; Approve TIF - MVM MemoTIF - Staff MemoTIF - Report 19. Coalition for Supreme Court Appeal City Manager recommending that the City join a coalition of communities to file a certiorari petition in the United States Supreme Court asking the Court to review and revise the decision of the United States Court of Appeals for the Sixth Circuit which upheld the Federal Communications Commission order preempting local authority over cable franchising for new entrants. Suggested Disposition: Receive and File; Approve Coalition - MVM Coalition Staff MemoMemo.pdf 20. Signed Contracts -- Chassis purchases for pumper in Fiscal Year 2010 CIP Suggested Disposition: Receive and File; Approve Chassis Contract 21. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “B” Beer Permit to UAW Local L#94; and a Class “C” Beer Permit to Clark of Dubuque RESOLUTION Granting the issuance of a Class “B” Liquor License to Champps; Class “C” Beer/Liquor License to The Lounge and Breezers Pub; Class “B” Wine Permit to Dubuque Religious Center; and a Class “WBN” Native Wine Permit to Hy-Vee Gas #2 Suggested Disposition: Receive and File; Adopt Resolutions 7 Renewals - MVM Renewals - Staff Resolution #1Resolution #2 Memo Memo ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Oak Grove Sanitary Sewer and Water Main Extension Project City Manager recommending initiation of the public bidding process for the Oak Grove Sanitary Sewer and Water Main Extension Project and that a public hearing be set for January 20, 2009, to consider approval of the plans and specifications, form of contract and estimated cost. RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Oak Grove Sanitary Sewer and Water Main Extension Project RESOLUTION Approving the plat, preliminary schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity RESOLUTION of Necessity for the Oak Grove Sanitary Sewer and Water Main Extension Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 1/20/09 Oak Grove - MVM Oak Grove - Staff Oak Grove - Oak Grove - Memo MemoResolutionsAssessments 2. Fiscal Year 2010 Annual Action Plan City Manager recommending that a public hearing be set for February 19, 2009 to consider approval of the Fiscal Year 2010 Annual Action Plan. RESOLUTION Setting a public hearing on the Fiscal Year 2010 (Program Year 2009) Community Development Block Grant (CDBG) Annual Action Plan Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/19/09 Annual Plan - MVM Action Plan - Staff Action Plan - CDBG 2010 Action FY 2010 HUD Action Memo MemoResolutionPlanPlan 8 BOARDS/COMMISSIONS Appointments to the following Board: Housing Code Appeals Board Two 3-year terms through January 11, 2012 (Terms of Durley and Newman) Applicants: Fred Miller, 2462 Central Avenue Paul Newman, 1895 Central Avenue, #3 Bd and Comm ListOverview SheetHousing Code Applications ACTION ITEMS These are items where discussion is held by the City Council – public comments are not allowed except as authorized by the Mayor. 1. National Trust for Historic Preservation Memorandum of Understanding (MOU) City Manager recommending approval of a Memorandum of Understanding with the National Trust for Historic Preservation for the City to participate in a Preservation Green Lab demonstration project. Suggested Disposition: Receive and File; Approve MOU - MVM Memo MOU - Staff MemoMemorandum of Understanding 2. Electrical Code Ordinance City Manager recommending approval of a correction to a typographical error in the Electrical Code Ordinance. ORDINANCE Rescinding Ordinance No. 15-06 which contained references to an incorrect section of Chapter 18 Electricity of the City of Dubuque Code of Ordinances and adopting a new ordinance which amends Chapter 18, Section 2 by increasing the number of members, providing for regular and special meetings, and amending and adding definitions Suggested Disposition: Receive and File; Motion B; Motion A Suggested Motion Code - MVM MemoCode - Staff MemoCode - Ordinance 9 3. Greater Dubuque Development Corporation Communication from Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, requesting financial support for Dubuque Work’s three-year funding request. Suggested Disposition: Receive and File; Approve GDDC - MVM Memo GDDC - Dubuque GDDC- Dubuque Work's LtrWork's Materials 4. Dubuque Area Labor Management Council City Manager recommending approval of the Dubuque Area Labor Management Council’s five-year funding request. Suggested Disposition: Receive and File; Approve DALM - MVM MemoDALMC LetterDALMC VisionDALMC Legislator Letters 5. Federal Legislative Priorities City Manager recommending approval of the City’s 2009 Federal Legislative Priorities. Suggested Disposition: Receive and File; Approve 2009 Priorities - MVM 2009 Priorities - Staff 2009 Federal MemoMemoPriorities 6. City Council Appointments Communication from M. Thomas Stovall, Executive Director of Operation: New View Community Action Agency, requesting that the City make appointments to the Board of Directors at the first meeting in January 2009 (currently City Council Members Ric Jones and David Resnick), and a representative appointed by the City Manager (currently Janet Walker). Communication from the Dubuque Racing Association Board of Directors requesting appointment of representatives to the DRA Board of Directors for 2009 (currently Mayor Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van Milligen). Mayor and City Council appointments to various Boards and Commissions. 10 Suggested Disposition: Receive and File; Council Appointments DRA LtrNew View LtrCouncil Appointments 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. Jeanne F. Schneider December 30, 2008 11