Minutes City Council Proceedings 4 6 09 Regular SessionCITY ®F DUBUQUE, I®1IVA
CITY C®UNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on April 6, 2009 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, City Attorney Lindahl
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.
Pledge of Allegiance
Invocation was provided by Ken Daughters, President of Emmaus Bible College.
PROCLAMATIONS
Week of the Young Child (April 19-25, 2009) was accepted by Ann Willenbring, Association
of the Education of Young Children, 4300 Asbury Road.
Library Week (April 12-18, 2009) was accepted by Library Director Susan Henricks and
Library staff.
C®NSENTITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions and dispose of as
indicated with #21 Indiana Subdivision having been removed from the agenda. Seconded by
Connors. Lynch requested #20 Joe Lukehart Professional Services Award be held for separate
discussion. Braig requested #24 Liquor License Transfer be held for separate discussion.
Motion carried 7-0.
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
Upon motion the documents were received and filed.
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
Upon motion the documents were received and filed and referred to the 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.
Upon motion the documents were received and filed and concurred.
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. Upon motion the documents were received and filed and
Resolution No. 109-09 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 was adopted.
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. Upon motion the documents were received and filed and Resolution No. 110-09
Accepting the 2007 CDBG Access Ramp Project and authorizing the payment of the contract
amount to the contractor was adopted.
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. Upon motion the documents were
received, filed, and approved.
Justice Assistance Grant (JAG): City Manager recommending acceptance of the 2009
Edward Byrne Memorial Justice Assistance Grant (JAG). Upon motion the documents were
received, filed, and approved.
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.
Upon motion the documents were received, filed, and approved.
Signed Contracts: Black Hills Energy for water meter reading services; Apex Management
Group for actuary services; and IIW Engineers for design services. Upon motion the
documents were received, filed, and approved.
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
2
Manufacturing site in the Dubuque Industrial Center West. Upon motion the documents were
received, filed, and approved.
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. Upon motion the documents were received, filed, and approved.
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. Upon motion the
documents were received, filed, and approved.
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. Upon motion the
documents were received, filed, and approved.
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. Upon motion the
documents were received and filed and Resolution No. 111-09 Approving Mutual Aid and
Assistance Agreement between the City of Dubuque and the Iowa WaterNVastewater Agency
Response Network (IOWARN) was adopted.
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. Upon motion the documents were
received and filed.
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. Upon motion the document was received, filed, and
approved.
Mediacom: Communications from Lee Grassley, Senior Manager, Government Relations for
Mediacom, advising the City of rate increases in basic and premium packages. Upon motion
the documents were received and filed.
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. Upon motion the document was received and filed.
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. Upon motion
the documents were received and filed.
3
Civil Service Commission: Correspondence from Otto Krueger submitting his resignation
from the Civil Service Commission effective immediately. Upon motion the document was
received and filed, and the resignation accepted.
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. Motion by Lynch to receive and file the documents.
Seconded by Jones. Council Member Lynch acknowledged the award and Council Members
congratulated Van Milligen. Motion carried 7-0.
Indiana Subdivision: Removed from the agenda prior to the meeting.
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.
Upon motion the documents were received, filed and approved.
Tobacco Compliance - Civil Penalties for Tobacco License Holders: City Manager
recommending approval of the Acknowledgement/Settlement Agreements fora second
offense tobacco compliance violation for Oky Doky, 1256 Iowa Street; and HyVee #1, 3500
Dodge Street. Upon motion the documents were received, filed, and approved.
Liquor License Transfer: Request of Monk's Kaffee Pub to transfer their liquor license to the
Masonic Temple on April 18, 2009. Motion by Braig to receive and file the documents and
approve. Seconded by Jones. Braig stated that Emotion Connection is a wonderful event for all
ages and thanked the many volunteers involved in the project. Motion carried 7-0.
Liquor License Renewals: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 112-09 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; and Resolution No. 113-09 Granting the issuance of a Class
"B" Beer Permit for McAleece 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 were adopted.
ITElif7 T® BE SET F®R PUBLIC HEARING
Motion by Connors to receive and file the documents, adopt the resolutions, set the public
hearing as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7-0.
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. Upon motion the documents were received and filed and
Resolution No. 114-09 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 was adopted setting a public. hearing
for a meeting to commence at 6:30 p.m. on April 20, 2009, in the Historic Federal Building.
4
®AR®S/C®ISSI®NS
Appointment to the following Board/Commission: Civil Service Commission (Mayor
Appointment): One 4-year term through April 6, 2013 (Term of White). Applicant: Dan White,
2919 Elm Street. Upon City Council concurrence, Mayor Buol appointed Dan White to the Civil
Service Commission fora 4-year term through April 6, 2013.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the City Council.
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.
Motion by Jones to remove from the table. Seconded by Voetberg. Motion carried 7-0.
Motion by Jones to table a proposed 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 to July 7, 2009. Seconded by Voetberg. Motion carried 7-0.
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. Motion by Lynch to receive and
file the documents and adopt Resolution No. 115-09 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. Seconded by Voetberg. Motion carried 7-0.
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. Motion by Connors to receive and file the
documents and adopt Resolution No. 116-09 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. Seconded by Braig. Motion carried 7-0.
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. Motion by Jones to receive and file the documents and
adopt Resolution No. 117-09 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. Seconded by Voetberg. Voetberg questioned if there was a
conflict of interest since three Council Members are on the Dubuque Initiatives Board. Lindahl
5
stated that since those Council Members receive no direct benefit from their membership on
that board, there was no conflict of interest. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTI®N ITE~II
Kephart Building Improvement Project: City Manager recommending award of the Kephart
Building Improvement Project to Klauer Construction in the amount of $577,992. Motion by
Jones to receive and file the documents and adopt Resolution No. 118-09 Awarding public
improvement contract for the Kephart Building Improvement Project. Seconded by Lynch.
Motion carried 7-0.
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. Motion by
Connors to receive and file the documents and approve. Seconded by Braig. Motion carried 7-
0.
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. Motion by Lynch to receive and file the documents and adopt
Resolution No. 119-09 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. Seconded by Jones. In response to property owner feedback and a recent media
article, Buol and Connors stated that there has been much work on this project during the last
15 years despite the public perception that the project was not progressing. Motion carried 7-0.
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.
Motion by Lynch to receive and file the documents and adopt Resolution No. 120-09 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. Seconded by Jones. Motion carried 7-0.
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. Motion by Connors to receive and file
the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0.
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.
6
Motion by Jones to receive and file the documents and approve the recommendation.
Seconded by Voetberg. Motion carried 7-0.
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. Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0.
Motion by Connors for final consideration and adoption of Ordinance No. 18-09 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. Seconded by Braig. Motion carried 7-0.
COUNCIL MEMBER REP®RTS
Voetberg reported on his attendance at the National League of Cities Conference stating
that many high-level federal government officials were asking cities to use innovation,
partnerships, and sustainability in order to receive available federal funds. Voetberg added that
Dubuque was used as an example for taking sustainability seriously, and he was told by an
Amtrak representative that rail service efforts should be concentrated in Des Moines. Voetberg
also reported that the delegation from Dubuque's Sister City of Handan, China, is attempting to
re-organize a trip to Dubuque in June 2009.
Lynch reported that he received a memo stating that a new mayor had been appointed in
Dubuque's Sister City of Handan, China, and suggested possible outreach, which he would be
willing to assist with.
Connors suggested continued discussions of the Sister City program with staff and/or City
Council.
CLOSE® SESSI®N
Motion by Jones to go into closed session at 7:13 p.m. regarding Pending Litigation
pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Connors. Motion carried 7-
0.
Upon motion the City Council reconvened in open session at 8:39 p.m. stating that staff had
been given property direction.
There being no further business, upon motion the City Council adjourned at 8:40 p.m.
/s/Kevin S Firnstahl
Assistant City Clerk
1 t 4/15
7