3 16 09 City Council Agenda _No Icons
ROLL CALL ORDER
FOR MEETING OF
3/16/09
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MARCH 16, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Elder Robert Tyler, Arbor Oaks Bible Chapel
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
Arts and Cultural Affairs Advisory Commission of 1/27; Cable TV Regulatory
Commission of 12/10; Cable TV Teleprogramming Commission of 2/3; City Conference
Board of 1/28; City Council of 3/2, 3/4, and 3/9; Environmental Stewardship Advisory
Commission of 3/10; Governing Board of the Municipal Housing Agency of 3/9; Historic
Preservation Commission of 2/19; Human Rights Commission of 2/9; Long Range
Planning Advisory Commission of 2/18; Zoning Advisory Commission of 3/4
Proofs of publication of City Council Proceedings of February 16 (Special and Regular
Session), February 17, February 19, and February 23, 2009 and List of Claims and
Summary of Revenues for Month Ending January 31, 2009
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Al Lundh for vehicle damage; Portzen Construction d/b/a Dubuque Plumbing and
Heating Company for services provided at the Port of Dubuque Parking Facility; Robert
and Aurora Merritt for property damage; April Shoars for personal injury; Paul Wheelock
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: Rodney Miller
for property damage; Al Lundh for vehicle damage; Robert and Aurora Merritt for
property damage; Paul Wheelock for property damage
Suggested Disposition: Receive and File; Concur
3. Indiana Subdivision – Acceptance
City Manager recommending approval of the public improvements that the developer,
KZ Investments, LLC, has recently completed in Indiana Subdivision.
RESOLUTION
Accepting improvements in Indiana Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
4. Historic Old Main Lighting and Sidewalk Project
City Manager recommending acceptance of the Historic Old Main Lighting and Sidewalk
Project as completed by Portzen Construction, Inc. in the final contract amount of
$378,758.63, and the final schedule of assessments.
RESOLUTION
Accepting the Historic Old Main Street Lighting and Sidewalk
Replacement Project and authorizing the payment of the contract amount to the
contractor
RESOLUTION
Adopting the final assessment schedule for the Historic Old Main Street
Lighting and Sidewalk Replacement Project
Suggested Disposition: Receive and File; Adopt Resolutions
5. Port of Dubuque Outdoor Plaza – Phase I Project
City Manager recommending acceptance of the construction contract for the Port of
Dubuque Outdoor Plaza – Phase I Project as completed by Nauman Nursery in the final
contract amount of $334,025.16.
RESOLUTION
Accepting the Port of Dubuque Outdoor Plaza Project – Phase I and
authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
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6. PEG Capital Grant Expenditure Requests
City Manager recommending approval of the Cable TV Tele-Programming Commission
recommendations for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities in the amount of $925 for Dubuque
Community Schools and $14,000 for the City of Dubuque.
Suggested Disposition: Receive and File; Approve
7. NICC I-Net User Agreement
City Manager recommending approval of an I-Net User Agreement with Northeast Iowa
Community College.
Suggested Disposition: Receive and File; Approve
8. Lease Amendment for “Dubuque by Carriage”
City Manager recommending approval of the Seventh Amendment to the lease
agreement with Carole Lindstrom of “Dubuque by Carriage” to extend the original lease
of the former Dock Board building for an additional two years.
Suggested Disposition: Receive and File; Approve
9. Special Events Grant Program
City Manager recommending approval of proposed revisions and requirements for the
Special Events Grant Program.
Suggested Disposition: Receive and File; Approve
10. Citizen Communication
Communication from Sister Lené Rubly, OSF, thanking the City Council for their recent
action regarding Trailways.
Suggested Disposition: Receive and File
11. Certificate of Appreciation
Certificate of Appreciation from Governor Chester J. Culver and John R. Norris, Iowa
Utilities Board, to the City of Dubuque for valuable contributions to the Iowa
Weatherization Challenge.
Suggested Disposition: Receive and File
12. Stormwater Management Utility Subsidy
City Manager recommending approval of increasing the Stormwater Management Utility
Subsidy for residential farms from fifty percent to seventy-five percent effective March
17, 2009.
Suggested Disposition: Receive and File; Approve
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13. 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 Angie’s Tap, 1401 Elm Street; Oky
Doky, 1256 Iowa Street; Noonan’s Tap, 1618 Central Avenue; Busted Lift, 180 Main
th
Street and Lien Oriental Food, 115 West 11 Street.
Suggested Disposition: Receive and File; Approve
14. Designation
Clean City Coalition
Communication to Brian Crowe, Iowa Office of Energy Independence, requesting
confirmation of the City’s membership on the Iowa Clean Cities Coalition from the Iowa
Office of Energy Independence.
Suggested Disposition: Receive and File
15. Renewal of Interim Application for Wireless Telecommunications Facilities
City Manager recommending that the Resolution of Interim Application for Wireless
Telecommunications Facilities be renewed for an additional 120 days.
RESOLUTION
Amending Resolution No. 238-08 which adopted an interim application
process for wireless telecommunication facilities by extending the interim application
process until June 1, 2009
Suggested Disposition: Receive and File; Adopt Resolution
16. Applewood Apartments – Application for Tax Credits
City Manager recommending City Council endorsement of an application from Horizon
Development to the Iowa Finance Authority for low-income housing tax credits for
Applewood Apartments Phase III on Pennsylvania Avenue.
Suggested Disposition: Receive and File; Approve
17. Mediacom
Communication from Lee Grassley, Senior Manager – Government Relations of
Mediacom, advising that Mediacom will no longer carry the TV Guide Network effective
on or about April 13, 2009 and that the Music Choice lineup will be updated on or about
April 15, 2009.
Suggested Disposition: Receive and File
18. Signed Contracts
-- Hawkeye Truck and Trailer for ambulance purchase
-- Water Pollution Control Plant Sustainable Energy Consultant Services
Suggested Disposition: Receive and File
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19. 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 #3 and Kwik
Stop C-Store
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Salsa’s
Mexican Restaurant, Mystique Casino, Ground Round, P.J.’s, and Estrella; a Class “B”
Wine to Hy-Vee #3; and a Class “WBN” Native Wine to Bluff Street Brew Haus, Kwik
Stop C-Store and National Mississippi River Museum
Suggested Disposition: Receive and File; Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. J.D. Communications, Inc. Lease
City Manager recommending that a public hearing be set for April 6, 2009, to consider a
five year lease with J.D. Communications, Inc. for space in the Historic Federal Building.
RESOLUTION
Of intent to dispose of an interest in real property owned by the City of
Dubuque by lease between the City of Dubuque, Iowa and J.D. Communications, Inc.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/6/09
2. Eagle Point Water Plant West Clear Well Reservoir Rehabilitation Phase II Project
City Manager recommending initiation of the public bidding process for the Eagle Point
Water Plant West Clear Well Reservoir Rehabilitation Phase II Project and that a public
hearing be set for April 6, 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 Eagle Point
Water Plant West Clear Well Reservoir Rehabilitation Phase II Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/6/09
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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.
Civil Service CommissionMayor Appointment
One 4-year term through April 6, 2013 (Term of White)
Applicant:
Dan White, 2919 Elm Street
Appointments to the following Boards/Commissions:
Zoning Board of Adjustment
One 5-year term through March 25, 2014 (Term of Gasper)
Applicant:
Heath Hutchinson, 221 Bradley Street
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND THE RULES
1. Excess Right-of-Way – Old Mill Road and Manson Road
Proof of publication on notice of hearing to consider disposing of the City’s interest in
excess right-of-way purchased for the reconstruction of Kelly Lane to Rockdale
Methodist Church and City Manager recommending approval.
RESOLUTION
Approving Plat of Lot 1 of Old Mill Place No. 3 in the City of Dubuque,
Dubuque County, Iowa, and abutting Old Mill Road roadway easement
RESOLUTION
Vacating portions of excess rights-of-way and easements of Old Mill
Road and Manson Road
RESOLUTION
Disposing of City interest in Lot 1 of Old Mill Place No. 3 in the City of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
2. Kephart Building Improvement Project
Proof of publication on notice of hearing to consider the plans and specifications, form
of contract and estimated cost for the Kephart Building Improvement Project and City
Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Kephart Building Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution
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REINSTATE THE RULES
This action limits discussion to the City Council.
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. Electrical Code Ordinance
City Manager recommending approval of replacing the existing Chapter 18 of the City of
Dubuque Code of Ordinances with the latest edition of the National Electrical Code
published by the National Fire Protection Association, including Section 83-2(f) which is
different from the recommendation of the Electrical Code Board.
.
ORDINANCE
of the City of Dubuque, Iowa providing that the Code of Ordinances, City
of Dubuque, Iowa, be amended by repealing Section 18-1 thereof and enacting a new
Section 18-1 thereof pertaining to revising and reenacting an Electrical Code of the City
of Dubuque, Iowa and providing for the issuance of permits and collection of fees
(Ordinance #1 – Recommended by Staff)
therefore
ORDINANCE
of the City of Dubuque, Iowa providing that the Code of Ordinances, City
of Dubuque, Iowa, be amended by repealing Section 18-1 thereof and enacting a new
Section 18-1 thereof pertaining to revising and reenacting an Electrical Code of the City
of Dubuque, Iowa and providing for the issuance of permits and collection of fees
(Ordinance #2 – Recommended by the Electrical Code Board)
therefore
Suggested Disposition: Receive and File; Motion B; Motion A
2. Request for Proposals – Historic Millwork District Energy Analysis
City Manager recommending approval of the issuance of a Request for Proposals for a
District Energy Analysis for the Historic Millwork District.
Suggested Disposition: Receive and File; Approve
3. Dubuque Sustainable Design Assessment Team (SDAT) Final Report
City Manager recommending approval of the Dubuque SDAT Final Report and the
status report on the Dubuque SDAT recommendations for incorporation into the
Sustainable Dubuque Initiative.
Suggested Disposition: Receive and File; Approve
4. Pre-Disaster Mitigation Plan
City Manager requesting the appointment of up to two City Council representatives to
serve on the Pre-Disaster Mitigation Plan (PDMP) Committee.
Suggested Disposition: Receive and File; Council
COUNCIL MEMBER REPORTS
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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
March 12, 2009
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