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4 6 09 Assistant Clerk's Skeleton Notes and Meeting Call_RegularTO: KEVIN S. FIRNSTAHL ASSISTANT CITY CLERK ROY D. CJOL, MAYOR (PUBLIC CONSENT ITEMS: PAGES 1-6) ASSENT Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. PR®CLAMATIONS 1!1leek of the Young Child (April 19-25, 2009) ~',~~~~~ ~'~ ~~,~ ~~~ ~.~ ~, ~ ~`~.`' ~, ,~ Library Vl/eek (April 12-18, 2009) ~ ~~, ~~' r ~- - r'~ ~ ~`~ ~r .--~- 2 ~` ;- ` , C®NSENTITEMS EM®VE #1 ®IN®IANA U ®IVISI®N Ayes Nays ~ JONES ~~ % LYNCH ' ~,,>` RESpp.NIRRCpppFsK V® T RG F~ ~~~ ~ ~~ ~ {m YL ~~° ~ A ~~ o $ ~,~` BRAIG F , ~,, BUOL Y i ` ~ Q ~ CONNORS 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 ®isposition: 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 Hemmers 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 ®isposition: 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 Hemmers 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. 3 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. 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 4 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 ~. 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 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 5 11. Request for Proposals -Roosevelt Par6c 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 WaterM/astewaterRgency 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 6 1 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 19. City Development hoard 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 7 ,~ °t F:. ~~- r ~a 20. Joe Lulcehart 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 2~. In°~~9~' Subdivision REMOVED ro..-y nn_~o,8.,~^~. ~ aw„~ v~ i.., e _ _ ~ r..~..,~ w ,; .re ~~,e . .e.~ 11T1/lAI flonl~+rinir +h.~++ho nrnvicinnc of C?oonl~~+inn I~, QEwI n ~4,1_O~ ~ ....,......y ....,..., . r........,......, ... ..........,........ . , acted •t~ ~Ee~e-aid CiI®; Arlr~w4 Decs~l~~4ir~a~ 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. A Suggested Disposition: Receive and File; Approve ~ ~~ Ayes Nays ~ p-~~=~JONEs r'~ LYNCH ~~``~ RESNICK ~~`" VOETBERG ~-``` ~R~41G BUOL ~~°°~ CONNORS 8 ~, ~t - a ~ n ,3 $ ,. ` ~` ~ ,~ ,~~_.. ~~~~~ ~ . ~ ~~%j' 6 r ~ y " ~ 7 1 - B ~ b._T ~ , ;° ~` f~ ~` ~~ ,~ ,~ ° ~p ~~ ~ ~ ~`~~ r ~~~ 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 Ayes: Nays ~°°` ~oNEs LYNCH ~~ RESNICK ~,~~,_ VOETBERG ~~`' ~° CRAIG ~UOL ,~ . C®NN®RS 9 I°fEl~ TO BE SE1' FOR PUBLIC HEARING Louise Lane ridge 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 r~ 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 ®isposition: Receive and File; Adopt Resolution; Public Hearing 4/20/09 Ayes ~'`~ JONES LYNCH ~;" RESNICK VOETSERG .,~ BRAIG ~,~ BUOL ~` CONNORS Nays 10 B®~®s/c®MMi~~i®~ Appointments to the following Boards/Commissions: Civil Service Commission One 4-year term through April 6, 2013 (Term of White) Applicant: Dan White, 2919 Elm Street Ayes JONES LYNCH ~mA, RESNICK VOETBERG BRAIG ~UOL CONNORS ~ /F~+ ~ _ Nays Mayor Appointment 11 PUBLIC HEARINGS SUSPEND THE RULES Ayes Nays , JONES ~ ~~ ~~ LYNCH ~,, RESNICK ~,~ VOETBERG ~,,- BRAIG ~ BUOL ~"'~ CONNORS 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. ®RDINANCE XX 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 Suggested Disposition: Remove from Table; Receive and File; Public Hearing 7/6/09 Remove from Table Ayes Nays ~~,, ~ JONES ~,~ ' LYNCH RESNICK ~°~' ~•~ ~ f~~V®ETBERG / ~W~~ BRAIG ~: BU®L CONNORS ~' RAF, Set Public Hearing Ayes Navs ~v°` ~ JONES '" LYNCH ~° .RESNICK ~,~.~ VOETBERG ~~~ BRAIG ~,~°` BUOL ~ .r CONNORS 12 ^ ~l._~l 2. J.®. Communications, Inc. Lease Proof of publication on notice of hearing to consider afive-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 Du uque by lease between the City of Dubuque, Iowa, and JD Communications, Inc. Suggested ®isposition: Receive and File; Adopt Resolution Ayes Nays JONES ~° ~ LYNCH ~''". RESNICK VOETBERG ~; BRAIG ~~ BUOL .- CONNORS l° y 13 r ~. 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. 9 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 ®isposition: Receive and File; Adopt Resolution Ayes Nays ~~°'' JONES ~ LYNCH RESNICK ~ VOETBERG ~ ~~ ~~ BRAIG = ~ ~ BUOL CONNORS 14 ,~~. ,b._ -~ ~~ P~~ l ~ ~~ ~ a €~ L { A f A~ ~~' 4. Iowa ®epartment of Economic ®evelopment 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. RES®LUTI®N 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 Suggested ®isposition: Receive and File; Adopt Resolution Ayes: Nays ~'' f JoNEs `~`` L®YNgaCH/~ ~° r RESN~CK ~~y'nU®ETB E RG i,~' BRAIG BuoL rcoNNO~s REINSTATE THE RULES This action limits discussion to the City Council. Ayes„ Nays J®NES LYNCH ~ RESNICK VOETBERG ~,,r-q ~BRAIG BUOL e..~ CONN®RS 15 ~~; ~,,,F~ ACTION ITEMS 1. Kephart uilding 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 ~_. Ayes Nays r`-~ 7~~ ~' JONES ~ ,, ~ ;~~~~~~~~~ ~;-- LYNCH 1 J/r `.'l . ~' RESNICFC VOETBERG ~,,~ BRAIG s~ BUOL ~~~' CONNORS 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 ~i- specifications for the Water Meter Change Out Program. , ~ i Suggested Disposition: Receive and File; Approve Ayes ?~°'°~ JONES ,~``~ LYNCH ~,~°' RESNICK ~~ VOETBERG ~~'` CRAIG BUOL ~ CONNORS Nays 16 ~' °y ~ ~ ~'~' 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 ®isposition: Receive and File; Adopt Resolution Ay-~ Nays ~~ `JONES ~ LYNCH ~~`' RESNICK ~-~°' VOETBERG ~,.~°/ BRAIG BUOL ~,~~°PCONNORS ~~ ~r~ ,~ , ~ : ~ 't ~~~ 'r PL .. ~,` ,~, ~~ ~ ,~ ~~ ' °~ ~ ` r~, r ~~ g , j :~. ~~. ,~°` 17 `~~' , ,/ 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 Ayes Nays Q~,, ~-JONES ~~ ~ LYNCH ~~ RESNICK ~„~'" VOETBERG ~,~'" BRAIG ~~ BUOL ~- CONNORS 5. State Revolving Fund (SRF) Loan Application ,~ ~~ -~ City Manager recommending submittal of an application to the Iowa EPA State Revolving Fund (SRF) fora "Green" Project low-interest loan for the Water Meter Efficiency Replacement Program. Suggested Disposition: Receive and File; Approve Ayes Nays 6~ JONES ~,.' LYNCH °` RESNICK ~~' VOETBERG BRAIG ~ BUOL CONNORS 18 ~. rv 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 Ayes Nays °'~ JONES ~;~ LYNCH ~~ `~ RESNICK ~,.°` ~=VOETBERG ~° BRAIG ~~- BUOL ~,~= ' CONNORS 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 R/F Suspend Adopt Ayes Nays Ayes Nays I.~y JONES JONES ~,~-°' LYNCH j ~-~`` LYNCH ~y~° RESNICK j,,~` RESNICK ~:- °_ VOETBERG ~~,.- VOETBERG ~~-~~~ BRAIG ~,,~~- BRAIG t ~ BUOL ~;. BUOL ~,:~ ~ CONNORS CONNORS 19 ,n ~, ~ f F .n~~~,.'i, f: a~ ,, ° ° `~ <,.,w.,: } - ' f -` i ~ r ~ ~ s~ ~,..:. ~ ~s' "~` ~ mA 4 e s ~ ~J 8 f d ~; i ~ 4 t ~ 'j~~b d ~ ~,, ~ %!~ cam, .~ s f ., ~ i ~ _ r tj ~ : ,,~~ -k s ~` j ~ ¢r f .r ~r* f ,#,~ ~~ ~ t _ i~„ / q~ d F , 44 ~~9 ~ S ddddd ,, ~ ~' ~ °~f~` N~~/. sr f ~E ~ ' J ~ ~° .; - ~ ~ f r ~~~ ~~` a ~ -~d, ' ! 9 r Y ~ e v ~~ ° ~ Jj ~'.j 1 ~~ ~,~ ~ ~7 s~ ~ s ~ 7 ~> , ,F''~- f ' r ~ is ~ 7 ~ ~~ ~~~a ~ ~f i` ,. ~~ ~ y. L ~~~. ~ .~ # ~ €r ~ ! ~' ~' ` ~ a LLL { ~ f~~ ~~' ((` r g- ' f ~~ ni. (~/~ - F Y ti jbb l ~~ d ~ f .. {t ~ } ~ / & y. { d ~ ..,,r g ~ ~ ~~ p~' ( bk ~ ~ ~ t~ B ~- ,~ , I 4 1 ' j $ ~~ ~~ ~~ d , fir ~ j ~ s~ ~¢ ~,.~' e ~ 1 _~ Q ~ _. l t ~,. a - k i J yin .~`' ~ ,. C®UNCIL tiff ERR P®R°TS ,~,~, .Y. ~ ; ~ -~ PUBLIC INPUT' CLOSED SESSION Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)Q) 2007 Code of Iowa Motion to go into closed session at ~, ', AYes Nays ~' JONES ~,~' LYNCH ~~ RESNICK VOETBERG BRAIG ~,, BUOL ~"" CON N~O/R' S Motion to reconvene in open session at ~' ~4~ Ayes Nays ~,,~ ~ JONES LYNCH ~- RESNICK VOETBERG ~`` BRAIG ~~`" BUOL ~,.-- CONNORS Motion to adjourn at ~ ~f Ayes Nays ,~' JONES r' ~, LYNCH RESNICK VOETBERG ~ ~~ BRAIG ` BUOL CONNORS r ty Kevin S Firnstahl Assistant City Clerk 20