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1 5 09 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, JANUARY 5, 2008 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESENT; MAYOR BUOL, COUNCIL MEMBERS BRAIG, CONNORS, JONES, LYNCH, RESNICK, VOETBERG CITY MANAGER V,AN MILLIGEN; CITY ATTORNEY LINDAHL ABSENT: PLEDGE OF ALLEGIANCE INVOCATION: Reverend Nancy Bickel, First Congregational United Church of Christ PROCLAMATIONS Special Olym ics Iowa Duk~:Uque Winter Games Proclamation (January 12 -14, 2009) ,rt: ,s, , °`~ ~r~ _. ° .r Martin Luther King Days (January 18 and 19, 2009) %`~~ ~ `'" ~' - F { ~ P 2 CONSENT ITEMS Ayes Nays -~ Braig ~` Buol .~ Connors Jones ,~ ~Lynch ' .Resnick . ' -~Voetberg 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 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 3 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 4. Hempstead Safety Improvements -Crosswalks and Geometries Project City Manager recommending that the Hempstead Safety Improvements -Crosswalks and Geometries 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 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 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 Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg 4 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 December 7tn Suggested Disposition: Receive and File 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 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 ~- o-~~=~ 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 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 Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg 5 11. Wawthorne 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 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 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 14. Zoning Board of Adjustment Resignation Resignation of William Gasper from the Zoning Board of Adjustment. Suggested Disposition: Receive and File; Accept Resignation Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg 6 15. 16. 17. 18. 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 ~3 `°~°~~~` Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 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 ~°'r'yi~ f'~ Approving final estimate Suggested Disposition: Receive and File; Adopt Resolutions 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 2008 Annual Tax Increment Financing Report City Manager recommending approval of the 2008 Annual Tax Increment Financing Report. Suggested Disposition: Receive and File; Approve Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg 7 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 20. Signed Contracts -- Chassis purchases for pumper in Fiscal Year 2010 CIP Suggested Disposition: Receive and File; Approve 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 ~,~.~°'r %~ 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 Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg 8 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. Ayes Nays -` Braig F . Buol Connors ` ' ~ ~ Jones <' 'v.-~Lynch ~'' ` ~ Resnick Voetberg 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 ~~' r°'~ 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 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 ~ `° s 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 9 BOARDS/COMMISSIONS Appointments to the following Board: Housing Code Appeals hoard 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 Ayes Nays ,~ Braig ~°, ~ Buol y` Connors ,._Jones ,r c;~°_'~~ynch ..Resnick Voetberg ' ~E , 10 ~`~_ . ~ ~` F ,: t d' ACTT®N ITEMS These are items where discussion is held by the City Council -public comments are not allowed except as authorized by the Mayor. Rlational Trust for hlistoric Preservation Memorandum of Understanding (M®U) 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 Ayes Nays Braig i Buol Connors ones ,,~ ~ r>e Lyncn .~` -.Resnick ~° ~Voetberg '' ~_ :~ 11 2. Electrical Code Ordinance City Manager recommending approval of a correction to a typographical error in the Electrical Code Ordinance. ORDINANCE "~%f 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 Ades Nays ~~ Braig ;- Buol ~` Connors `f~Jones Lynch ~ Resnick E Voetberg Ayes Nays °'~ Braig ~~' ~ B U OI ~ , Connors ~`' '~~~ 'Jones ,~ , Lynch ~ , Resnick ~. ~' Voetberg ~ ~A ;~- ~.. ~r f J- ,r-# _, ~ ~J -',. "~~, ~ ~}F `R l f 12 `~ ~i ~;. ~ ~, W€s ~' ~" ~ ~' ~! ~ ,~ w~ ~' 11. f y ~ ~ ~~ ~ j/ ~ ~ 7 f t. ~ ( ~ 1 A ~ f~f pp' a pg ~! w ~ ~~ ~= ~ t. ~` ~, ~ c ~ ~~' 1 E 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. ~,~, f Suggested Disposition: Receive and File; Approve 4. ~;~. Ayes Nays ~ '~_ r Braig ~" Buol , 'gym Connors ,~ Jones f Lynch ~' Resnick €` Voetberg ,° ~.~ I J W 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 `~(~ „ ~_ %' ; r ~ i ~~ ~,~ ~ ~~, Ayes,<< Nays P„f ~ r r-c' ~~~~~ ,~"~~ Braig /, jjk 'S t ry4 ~ r"' ~ „~gy~B_ U o' ~ i ~p ~` !; y ~ , ~ ~ F ~f, ~1 ~~ ,: ~ ;,. ~" ~ ~ ~~ E, --~; ; ~ ~. ~ § S / T YY +i ~~ ~ ~ ~S ~~ ' }~.... ~ g.% ~ ~ .t ,. ~~ ~~ ~ .: ~~} g t f jot, a F d h \ ~~ ¢ F ~ t ~ $ pp ~F ~ ~ ~ Vf t f ~ ~ e i ~~ 4 4..~ _ M ~ Y.e ' I ~. f 4- ,~; ~ ~ . ~, . 0 ~ ~ ~ . 4, '.j . F k ~ ~ ~ . ~ 4 ppq ~E~ ` ~~Y ', e~l% P ~~ ~ i ~s i t~ ~~ ,. 1 ~' rt ~,; ~a:, i € a ~ a ° A ~ ~ 4 ~y~ 1V ~~~.' 1 r i~$ ~ l' ~~~ ~; t 5. Federal Legislative Priorities City Manager recommending approval of the City's 2009 Federal Legislative Priorities. Suggested Disposition: Receive and File; Approve Ayes Nays ~'"` Braig ` Buol ,..Connors F<' ~ ``~'~Jones ~. _ 'Lynch Resnick ~~ Voetberg 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). -~° ~; }- -~`3 a q ~ } ~ { ~ ~ ~ L: ~1 P rr } ~". ~( ~ a•~ `~ f ~ k y" /~ t F !` a ~ J },~ FF; 4 v / t; ~,.' ` .r // I' r f{ Ayes Nays ,~ ` Braig ~: Buol ,~~ ~ ;'}Connors ~~ ~~ Jones ~~~` ~.ynch ~" '~ Resnick Voetberg 14 ~ ~ ~" ~ / ~ ij,,! ~,~ f ~ 7 ~s. fA' . It . 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). Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg Mayor and City Council appointments to various Boards and Commissions. Suggested Disposition: Receive and File; Council Appointments Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg 15 ,~ ~` ~ i F ' ~f ~~ ~' } ~,3 ( is ~t {.~ 1 ~,1 ~ ~` E ~r . J F ~~~ ~; r' ~.,~~ t`~ ` ~~~ ~ i r r~ 1' ` ` f«r is ~ i ~ M`gr' !~~ ~ ; ~ ,4~~ r: COUNCIL NIENIR REPORT 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. #, Motion to adjourn at ~'" .F~ ~~' ayes Nays Braig Buol ,°` ~ -`,Connors .~°~ ~ , 'Jones ~` ~ Lynch ~` Resnick '' Voetberg 16