3 2 09 City Council Agenda_Icons
ROLL CALL ORDER
FOR MEETING OF 3/2/09
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MARCH 2, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Deacon David McGhee, Nativity Catholic Church
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 2/16 (Special and Regular Meeting), 2/17, 2/19, and 2/23
Proofs of publication of City Council Proceedings of February 2, 9 and 10, 2009
Suggested Disposition: Receive and File
City Council of 2/16City Coucnil of 2/17City Council of 2/19City Council of 2/23
2. Notice of Claims/Suits
Tim J. Kramer for property damage; Debra A. Heim for property damage; Peter M. and
Sarah A. Ross for property damage; Denise Hoag for property damage; State Central
Bank vs. City of Dubuque, et al; Charlotte A. Hansen for vehicle damage; Rowena
Boyer for property damage; Rodney C. Miller for property 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: Noreen
Engelken for personal injury; Nicole Lammer for personal injury; Mark W. Sarazin for
property damage; Suellen Flynn for vehicle damage; Jennifer Ney for vehicle damage;
Gordon Dailey for vehicle damage; Charlotte Hansen for vehicle damage; Tim Kramer
for property damage; Debra Heim for property damage; Denise Hoag for property
damage; Peter Ross for property damage; Rowena Boyer for property damage
Suggested Disposition: Receive and File; Concur
Claims - ICAP
3. Iowa League of Cities
Communications from Alan W. Kemp, Executive Director of the Iowa League of Cities,
advising of the following appointments: Mayor Roy Buol to the National League of
Cities Energy, Environment and Natural Resources (EENR) Committee, Council
Member Dirk Voetberg to the Community and Economic Development (CED)
Committee, and Council Member Joyce Connors to the Human Development (HD)
Committee.
Suggested Disposition: Receive and File
Iowa League of
Cities Ltrs
4. Acquisition Plat – Devon Drive
City Manager recommending approval of the acquisition plat for additional right-of-way
on Devon Drive at Dodge Street (US Highway 20) which is necessary to construct a
right-turn lane on the west side of Devon Drive at Dodge Street.
RESOLUTION
pproving the Acquisition Plat of a part of Lot 1 of Tranel Place in the
A
City of Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of-way
for Devon Drive (Lot A)
Suggested Disposition: Receive and File; Adopt Resolution
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Vicinity Map / Plat
Plat - MVM MemoPlat - Staff MemoPlat - Resolution
5. Intermodal Facility Location Study – Consultant Professional Services
City Manager recommending approval of the issuance of a Request for Proposals
(RFP) for engineering services required to design the Port of Dubuque Intermodal
Transportation Center.
Suggested Disposition: Receive and File; Approve
NOTE: Material for this Agenda Item will be delivered on Friday, February 27,
2009.
6. Land and Water Conservation Fund (LWCF) Grant Agreement
City Manager recommending approval of a Land and Water Conservation Fund (LWCF)
grant agreement for the E.B. Lyons Interpretive Center Expansion.
RESOLUTION
Approving a LWCF grant agreement with the Iowa Department of
Natural Resources for the E.B. Lyons Interpretive Center Expansion.
Suggested Disposition: Receive and File; Adopt Resolution
LWCF - MVM MemoLWCF - Staff MemoLWCF - ResolutionIDNR LtrLWCF Program
Agreement
7. Miller Riverview Park – Management Agreement
City Manager recommending approval of the Management Agreement for camping at
Miller Riverview Park with Kenneth M. Clayton.
Suggested Disposition: Receive and File; Approve
Park - MVM MemoPark - Staff MemoPark - Mgmt
Agreement
8. Bunker Hill Golf Course – Management Agreement
City Manager recommending approval of a Management Agreement with G.M.S., Inc.
(George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1,
2009 and ending November 30, 2009.
Suggested Disposition: Receive and File; Approve
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Bunker Hill - MVM Bunker Hill - Staff Bunker Hill - Mgmt
MemoMemoAgreement
9. SRF Loan Agreement – Water Pollution Control Plant Rehabilitation Project
City Manager recommending approval of the suggested proceedings approving and
authorizing a form of Interim Loan and Disbursement Agreement and authorizing the
issuance of a Project Note to the Iowa Finance Authority.
RESOLUTION
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 $3,200,000
Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2009, 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 Resolution
SRF Loan - MVM SRF Loan - Staff SRF Loan -
MemoMemoResolution
10. Alcohol Compliance – Civil Penalties for Alcohol License Holders
City Manager recommending approval of the Acknowledgement/Settlement Agreements
for a first offense alcohol compliance violation for Fat Tuesdays and The Lounge.
Suggested Disposition: Receive and File; Approve
Compliance - MVM Compliance - Staff Settlement
MemoMemoAgreements
11. Dubuque Stamping and Manufacturing, Inc. – Development Agreement
City Manager recommending approval of a Development Agreement with Dubuque
Stamping and Manufacturing, Inc., who will be expanding their operation at the Jackson
Street facility, adding 10 new jobs and retaining 161 positions.
RESOLUTION
Approving a Development Agreement for the expansion of Dubuque
Stamping and Manufacturing, Inc., at the Jackson Street facility
Suggested Disposition: Receive and File; Adopt Resolution
Dubuque Stamp - Dubuque Stamp - Dubuque Stamp - Dubuque Stamp -
MVM MemoStaff MemoResolutionDev Agreement
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12. Community Economic Betterment Account Contract (CEBA) – Morrison Bros.
City Manager recommending approval of a contract among the Iowa Department of
Economic Development and Morrison Brothers for Community Economic Betterment
Account Program (CEBA) and Enterprise Zone benefits for their expansion that will
retain 97 jobs and create 10 new positions.
RESOLUTION
Approving a contract with the Iowa Department of Economic
Development and Morrison Bros. Co. for Community Economic Betterment Account
(CEBA) and Enterprise Zone (EZ) benefits on behalf of Morrison Bros. Co.
Suggested Disposition: Receive and File; Adopt Resolution
CEBA - MVM MemoCEBA - Staff MemoCEBA - ResolutionCEBA Funding EZ Funding
AgreementAgreement
13. Voluntary Termination of Prudential Financial, Inc. CEBA Contract
City Manager recommending approval of a voluntary termination agreement with
Prudential Insurance Company relieving them of the commitment to create 69 additional
positions in Dubuque
Suggested Disposition: Receive and File; Approve
Voluntary
Prudential - MVM Prudential - Staff
Termination Agr
MemoMemo
14. Cooper Development Company, LLC
City Manager recommending approval of a request from Cooper Development
Company, LLC to defer payments on the existing loans and the 2008 parking lot
agreement to January 1, 2010.
Suggested Disposition: Receive and File; Approve
Cooper Development
Cooper Dev - MVM Cooper Dev - Staff
Ltr
MemoMemo
15. Dubuque Racing Association – Lump Sum Principal Payments
City Manager recommending approval of a request from Jesús Aviles, Dubuque Racing
Association, to pay down the principal on two existing loans for the period April 2009 to
November 2010, saving the DRA about $362,218.
Suggested Disposition: Receive and File; Approve
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Payments - DRA Ltr
Payments - MVM
Memo
16. Dubuque Racing Association – Line of Credit
City Manager recommending approval of a request from Jesús Aviles, Dubuque Racing
Association, to establish a line of credit with American Trust and Savings Bank to fund
the Dubuque Greyhound Park & Casino remodeling project.
Suggested Disposition: Receive and File; Approve
Line of Credit - DRA
Line of Credit - MVM
Ltr
Memo
17. Legislative Correspondence
Communication of the City Manager to area legislators urging opposition to House File
83 and Senate File 61 as the bills presume that cancer is a disease contracted while on
active duty as a firefighter.
Suggested Disposition: Receive and File
House File 83Senate File 61State State Senator List
Representative List
18. Prosperity Eastern Iowa – Letter of Support
City Manager submitting a Letter of Support for Prosperity Eastern Iowa’s Iowa
Department of Economic Development grant application to continue to enhance the
Accessmyfuture.com web site.
Suggested Disposition: Receive and File
Letter of Support
19. Players Sports Bar – Liquor License Renewal
City Manager recommending approval of the annual liquor license renewal for Players
Sports Bar, 1902 Central Avenue.
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Players
Sports Bar
Suggested Disposition: Receive and File; Adopt Resolution
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Players Bar - MVM Players Bar - Staff Players - Resolution
MemoMemo
20. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Hy-Vee Gas #4 and
Econo Foods #471
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Bulldog
Billiards, Bunker Hill Golf Course, and Yardarm Restaurant; a Class “B” Wine Permit to
Econo Foods #471; and a Class “WBN” Native Wine Permit to Hy-Vee Gas #3
Suggested Disposition: Receive and File; Adopt Resolutions
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. Excess Right-of-Way – Old Mill Road and Manson Road
City Manager recommending that a public hearing be set for March 16, 2009 to consider
disposing of the City’s interest in excess right-of-way purchased for the reconstruction of
Kelly Lane.
RESOLUTION
Of intent to vacate and dispose of City interest in Lot 1 of Old Mill Place
No. 3 in the City of Dubuque, Dubuque County, Iowa, and abutting Old Mill Road
roadway easement
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/16/09
ROW - Vicinity Map/
Right-of-Way - MVM Right-of-Way - Staff Right-of-Way -
Plat
MemoMemoResolution
2. Kephart Building Improvement Project
City Manager recommending initiation of the public bidding process for the Kephart
Building Improvement Project and that a public hearing be set for March 16, 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 Kephart Building
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Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/16/09
Kephart Bldg - MVM Kephart Bldg - Staff Kephart Bldg -
MemoMemoResolution
BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Zoning Board of Adjustment
One 5-year term through March 25, 2014 (Term of Gasper)
Applicant:
Heath Hutchinson, 221 Bradley Street
Appointments to the following Boards/Commissions:
Mechanical Code Board
Two 3-year terms through March 16, 2012 (Terms of Willenborg and Geisler)
Background/Experience requirement)
Applicants:
David Grothe, 2544 Elm Street
Corey Valaskey, 1787 Lawndale Street
Bd and Comm ListOverview SheetZoning Bd of Adj Mechanical Bd
ApplicationApplications
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. Southwest Arterial Final Design – Consultant Selection
City Manager recommending approval of the consultant selection for the Southwest
Arterial Final Design Project.
RESOLUTION
Approving the Consultant Professional Services Agreement for final
design services for the Southwest Arterial
Suggested Disposition: Receive and File; Adopt Resolution
NOTE: The material for this Agenda Item will be delivered on Friday, February 27,
2009.
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2. Burlington Trailways
City Manager recommending approval of the creation of a service agreement between
the City of Dubuque and Burlington Trailways for lease of a building at 400 Rhomberg
Avenue to provide a new ticket sales location for Burlington Trailways.
Suggested Disposition: Receive and File; Approve
Trailways - MVM Trailways - Staff
MemoMemo
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
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Jeanne F. Schneider
February 26, 2009
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