4 6 09 City Council Agenda - No Icons
ROLL CALL ORDER
FOR MEETING OF
APRIL 6, 2009
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:00 P.M. SPECIAL SESSION
TRANSIT COMPREHENSIVE OPERATIONAL ANALYSIS
6:30 P.M. – REGULAR SESSION
HISTORIC FEDERAL BUILDING
MONDAY, APRIL 6, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Ken Daughters, President, Emmaus Bible College
PROCLAMATION
Week of the Young Child (April 19-25, 2009)
Library Week (April 12-18, 2009)
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 2/24; City Council of 3/16 and 3/23;
Housing Commission of 1/27; Library Board of Trustees of 1/22; Mechanical 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
Suggested Disposition: Receive and File
2. 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; Mildred G. Finzel
for vehicle damage; Tracey Hillery for vehicle damage; Tim Nemmers for property
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 Reinforcing 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
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: Mildred G.
Finzel for vehicle 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.
Suggested Disposition: Receive and File; Concur
3. Locust Street Connector and Central Avenue Traffic Control
City Manager recommending 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.
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RESOLUTION
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
Suggested Disposition: Receive and File; Adopt Resolution
4. Community Development Block Grant (CDBG) Access Ramp
City Manager recommending 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.
RESOLUTION:
Accepting the 2007 CDBG Access Ramp Project and authorizing the
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
5. Collective Bargaining
City Manager recommending approval of an amendment to the Collective Bargaining
agreement between the City of Dubuque and Teamsters Local #120 for Airport
Maintenanceworkers and Airport Mechanic.
Suggested Disposition: Receive and File; Approve
6. Justice Assistance Grant (JAG)
City Manager recommending acceptance of the 2009 Edward Byrne Memorial Justice
Assistance Grant (JAG).
Suggested Disposition: Receive and File; Approve
7. Request for Proposals - Towing Contract Renewal
City Manager recommending the issuance of a Request for Proposals for the City
Towing Contract for Fiscal Years 2010 - 2012.
Suggested Disposition: Receive and File; Approve
8. Signed Contracts
Black Hills Energy for water meter reading services; Apex Management Group for
actuary services; and IIW Engineers for design services.
Suggested Disposition: Receive and File
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9. 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 Manufacturing site in
the Dubuque Industrial Center West.
Suggested Disposition: Receive and File; Approve
10. Moving Forward with GIS
City Manager recommending acceptance of a proposal from Environmental Systems
Research Institute (ESRI), execution of an agreement to create an Enterprise System
for Geographic Information System (GIS), and purchase of a ArcGIS Server to Support
the GIS System.
Suggested Disposition: Receive and File; Approve
11. Request for Proposals – Roosevelt Park Redevelopment
City Manager recommending approval of the issuance of a Request for Proposals for
the professional design services for Formation of a Basic Master Plan for
Redevelopment of Roosevelt Park.
Suggested Disposition: Receive and File; Approve
12. Request for Proposals – Professional Services for Wetlands Monitoring
City Manager recommending approval of the issuance of a Request of Proposals for the
Professional Wetlands Monitoring Services at the Dubuque Industrial Center West.
Suggested Disposition: Receive and File; Approve
13. Mutual Aid and Assistance (IOWARN)
City Manager recommending approval of a Mutual Aid and Assistance agreement for
the Iowa Water/Wastewater Response Network (IOWARN) to support water and waste
water utilities during times of emergencies.
RESOLUTION
Approving Mutual Aid and Assistance Agreement between the City of
Dubuque and the Iowa Water/Wastewater Agency Response Network (IOWARN)
Suggested Disposition: Receive and File; Adopt Resolution
14. 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.
Suggested Disposition: Receive and File
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15. 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.
Suggested Disposition: Receive and File; Approve
16. Mediacom
Communications from Lee Grassley, Senior Manager, Government Relations for
Mediacom, advising the City of rate increases in basic and premium packages.
Suggested Disposition: Receive and File
17. U.S. Department of Housing and Urban Development
Communication from Shaun Donovan, 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.
Suggested Disposition: Receive and File
18. 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.
Suggested Disposition: Receive and File
19. Civil Service Commission
Correspondence from Otto Krueger submitting his resignation from the Civil Service
Commission effective immediately.
Suggested Disposition: Receive and File; Accept Resignation
20. 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 Advancement of City
Management in Iowa.
Suggested Disposition: Receive and File
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21. Indiana Subdivision
City Manager advising that KZ Investments, LLC, has failed to provide the required
guarantees for the Indiana Subdivision as adopted in Resolution No. 341-05.
RESOLUTION
Declaring that the provisions of Resolution No. 341-05, approving the
final plat of Indiana Subdivision, requiring that certain maintenance guarantees for the
public improvements therein be provided, have not been satisfied
Suggested Disposition: Receive and File; Adopt Resolution
22. 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.
Suggested Disposition: Receive and File; Approve
23.Tobacco Compliance – Civil Penalties for Tobacco License Holders
City Manager recommending approval of the Acknowledgement/Settlement Agreements
for a second offense tobacco compliance violation for Oky Doky, 1256 Iowa Street; and
HyVee #1, 3500 Dodge Street.
Suggested Disposition: Receive and File; Approve
24. Liquor License Transfer
Request of Monk’s Kaffee Pub to transfer their liquor license to the Masonic Temple on
April 18, 2009.
Suggested Disposition: Receive and File; Approve
25. Liquor License Renewals
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
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 License for Mindframe Theater and Dollar Dish Restaurant; and a Class “B”
Wine License for Oky Doky #1 and Oky Doky #2
RESOLUTION
Granting the issuance of a Class “B” Beer Permit for McAllece 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
Suggested Disposition: Receive and File; Adopt Resolutions
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ITEM TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing
on the date indicated.
1. 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.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on plans, specifications, form of contract,
and estimated cost; and ordering the advertisement for bids
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/20/09
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Civil Service CommissionMayor Appointment
One 4-year term through April 6, 2013 (Term of White)
Applicant:
Dan White, 2919 Elm 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. 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 approval, with conditions.
ORDINANCE
Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by adopting a revised Planned Unit Development 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
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Suggested Disposition: Remove from Table; Receive and File; Public Hearing
7/6/09
Material from January 20, 2009 City Council Meeting
Material from November 17, 2008 City Council Meeting
Material from September 15, 2008 City Council Meeting
2. 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 Federal Building and
City Manager recommending approval.
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.
Suggested Disposition: Receive and File; Adopt Resolution
Material from March 16, 2009 City Council Meeting
3. 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.
RESOLUTION
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
Suggested Disposition: Receive and File; Adopt Resolution
Material from March 16, 2009 City Council Meeting
4. 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.
RESOLUTION
Approving a Physical Infrastructure Assistance Program (PIAP) contract
and Promissory Note with the Iowa Department of Economic Development for the
purchase of the Roshek Building
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Suggested Disposition: Receive and File; Adopt Resolution
Material from March 23, 2009 City Council Meeting
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. Kephart Building Improvement Project
City Manager recommending award of the Kephart Building Improvement Project to
Klauer Construction in the amount of $577,992.
RESOLUTION
Awarding public improvement contract for the Kephart Building
Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution
2. 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.
Suggested Disposition: Receive and File; Approve
3. Southwest Arterial Consultant Selection Acquisition Appraisal Services
City Manager recommending approval of Iowa Appraisal and Research Corporation as
the Acquisition Appraisal 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.
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 acquisition of right-of-way for the development of the
Southwest Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution
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4. Southwest Arterial Consultant Selection Review Appraisal Services
City Manager recommending approval of Peoples Company of Iowa as the selected
Review Appraisal Services Consultant, requesting authorization to negotiate a
Professional Services Agreement and execute a contract with Peoples Company of
Iowa for the Southwest Arterial Project.
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 the right-of-way for the development of the Southwest
Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution
5. 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.
Suggested Disposition: Receive and File; Approve
6. Community Oriented Policing Services (COPS) Hiring Recovery Program
City Manager recommending 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.
Suggested Disposition: Receive and File; Approve
7. 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 consistent with the recent federal changes to the
Americans with Disabilities Act and the Equal Pay Act.
ORDINANCE
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
Suggested Disposition: Receive and File; Adopt Ordinance; Motion B; Motion A
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.
CLOSED SESSION
Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2007 Code of Iowa
Kevin S Firnstahl
Assistant City Clerk
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