5 4 09 City Council Agenda_No Icons
ROLL CALL ORDER
FOR MEETING OF 5/4/09
BRAIG
BUOL
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MAY 4, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Reverend Judy Wadding, Hillcrest Family Services
SWEARING-IN
Mayor Pro-Tem Joyce Connors
PROCLAMATIONS
Letter Carrier Food Drive Day (May 9, 2009)
National Train Day (May 9, 2009)
Arthritis Walk Day (May 16, 2009)
Drinking Water Week (May 3 – 9, 2009)
Public Service Recognition Week (May 4 – 10, 2009)
Iowa School Board Recognition Week (May 10 – 16, 2009)
Nursing Home Week (May 10 – 16, 2009)
Bike Safety Month (May, 2009)
Historic Preservation Month (May, 2009)
Mental Health Month (May, 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
Cable Community Teleprogramming Commission of 3/3; City Council of 4/20; Library
Board of Trustees of 2/26
Proofs of publication of City Council Proceedings of April 6, 2009 (Regular and Special
Meetings) and List of Claims and Summary of Revenues for Month Ended March 31,
2009
Carnegie-Stout Public Library Board of Trustees Update from the Meeting of April 23,
2009
Substance Abuse Services Center Third Quarterly Report
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Portzen Construction, Inc. d/b/a Dubuque Plumbing and Heating Company vs. City of
Dubuque, et al; Andy Rettenmeier 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: Andy
Rettenmeier for property damage
Suggested Disposition: Receive and File; Concur
3. Homelessness Prevention and Rapid Re-Housing Program
City Manager recommending approval of an application to the US Department of
Housing and Urban Development (HUD) and an amendment to the Fiscal Year 2009
(Consolidated Plan 2008) Annual Action Plan for Homelessness Prevention and Rapid
Re-Housing Program (HPRP) funding in the amount of $502,294.
RESOLUTION
Approving the application and Fiscal Year 2009 Annual Action Plan
(Consolidated Plan 2008) Amendment 4 for the Homelessness Prevention and Rapid
Re-Housing Program (HPRP) Funding
Suggested Disposition: Receive and File; Adopt Resolution
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4. Iowa Community Cultural Grant Application
City Manager recommending approval of an Iowa Community Cultural Grant Application
which will allow the City of Dubuque’s Part-Time Arts and Cultural Affairs Coordinator
position to remain at twenty hours per week.
Suggested Disposition: Receive and File; Approve
5. Louise Lane Bridge Reconstruction Project
City Manager recommending award of the contract for the Louise Lane Bridge
Reconstruction Project to Jim Schroeder Construction, Inc., in the amount of
$209,315.52.
RESOLUTION
Awarding public improvement contract for the Louise Lane Bridge
Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution
6. Request for Proposals (RFP) – Millwork District Streets and Utilities
Improvements
City Manager recommending approval of the issuance of a Request for Proposals to
seek qualified firms interested in providing street and utility design for the public
infrastructure associated with the Historic Millwork District.
Suggested Disposition: Receive and File; Approve
7. Acquisitions of Real Property / Easements
City Manager recommending approval of a request from the Engineering Department
for authorization to negotiate the purchase of “uncomplicated” properties and
easements which have an estimated fair market value of less than $10,000 for public
improvement projects.
RESOLUTION
Allowing the use of the “Appraisal Waiver Provision” for purchase of
uncomplicated acquisitions for public improvement projects
Suggested Disposition: Receive and File; Adopt Resolution
8. Dubuque Levee and Floodwall System – Letter of Agreement with FEMA
City Manager recommending approval of a Provisionally Accredited Levee (PAL) Letter
of Agreement with the Federal Emergency Management Agency for the Dubuque Levee
and Floodway System.
RESOLUTION
Authorizing execution of a Provisionally Accredited Levee (PAL) Letter
of Agreement with the Federal Emergency Management Agency for the Dubuque Levee
and Floodway System
Suggested Disposition: Receive and File; Adopt Resolution
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9. Historic Resource Development Program (HRDP) Grant Request for Mines of
Spain Exhibits and Education Program
City Manager recommending approval to submit an Historic Resource Development
Program (HRDP) Grant Application to the State Historical Society of Iowa for the Mines
of Spain Exhibit and Education Program and a resolution of support for the application
RESOLUTION
Approving HRDP Grant Application for Mines of Spain Exhibit and
Education Program
Suggested Disposition: Receive and File; Adopt Resolution
10. Google Earth / City Imagery Update
City Manager recommending approval of a Content Release Agreement that allows
Google Earth to use the City’s data in order to better the Google Earth product.
Suggested Disposition: Receive and File; Approve
11. Tobacco Compliance – Civil Penalties for Tobacco License Holders
City Manager recommending approval of the Acknowledgement / Settlement
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Agreements for a second offense tobacco compliance violation for 16 Street Auto
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Truck Plaza, 1215 East 16 Street.
Suggested Disposition: Receive and File; Approve
12. Alcohol Compliance – Civil Penalties for Alcohol License Holders
City Manager recommending approve of the Acknowledgement/Settlement Agreements
for a first offense alcohol compliance violation for The Channel Inn, 2010 ½ Kerper
Boulevard, the 14-day license suspension for Haun’s Special Meats, 3033 Asbury
Road, and to set a first offense alcohol civil penalty hearing for May 18, 2009 regarding
The Club House, 2364 Washington Street.
Suggested Disposition: Receive and File; Approve; Penalty Hearing 5/18/09
13. Quarterly Investment Report
City Manager transmitting the March 31, 2009 Quarterly Investment Report.
Suggested Disposition: Receive and File
14. Citizen Communication
Communication from H. Charles Tyler requesting that stop lights be installed at the
entryway leading from Kennedy Mall and Best Buy.
Suggested Disposition: Receive and File; Refer to City Manager
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15. Application to the Economic Development Administration for Financial
Assistance with a Downtown Parking Facility
City Manager recommending approval of the submission of an application to the
Economic Development Administration for downtown parking ramp funding.
Suggested Disposition: Receive and File
16. Eagle Point Clear Well Reservoir Rehabilitation Phase II (Pipe Coating) Project
City Manager recommending award of the construction contract for the Eagle Point
Clear Well Reservoir Rehabilitation Phase II (Pipe Coating) Project to K & W Coating,
LLC in the amount of $35,000.
RESOLUTION
Awarding public improvement contract for the Eagle Point Clear Well
Reservoir Rehabilitation Phase II (Pipe Coating) Project
Suggested Disposition: Receive and File; Adopt Resolution
17. Letter of Support – Upgrade of US Highway 20 to Four Lanes
City Manager recommending approval of a Letter of Support for the Jo
Daviess/Stephenson 4-Lane 20 Association efforts to upgrade Highway 20, particularly
the Freeport Bypass and Galena Bypass.
RESOLUTION
of Support for the upgrade of US Highway 20 to four lanes
Suggested Disposition: Receive and File; Adopt Resolution
18. Bradley Farm Airport Property Acquisition
City Manager recommending acceptance of the deed to property from Ronald Bradley,
Jeffrey Bradley, and Brian and Kimberly Bradley, 10719 Merlin Lane, for the Dubuque
Regional Airport Terminal Relocation Project.
RESOLUTION
Approving the acquisition of real property located at 10719 Merlin Lane,
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
19. Hartman Airport Property Acquisition
City Manager recommending acceptance of the deed to property from Ronald and Ellen
Hartman, 8198 Jecklin Lane, for the Dubuque Regional Airport Terminal Relocation
Project.
RESOLUTION
Approving the acquisition of real property located at 8198 Jecklin Lane,
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
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20. Adult Entertainment Settlement
Assistant City Attorney recommending approval of the negotiated settlement with The
Office.
Suggested Disposition: Receive and File; Approve
21. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Sanitation
Driver and Laboratory Technician.
Suggested Disposition: Receive and File; Make a Matter of Record
22. Investment Policy Recertification
City Manager advising that the City of Dubuque’s investment policy has been recertified
by the Association of Public Treasurers of the United States and Canada and approved
for the Certificate of Excellence Award.
Suggested Disposition: Receive and File
23. Legislative Correspondence
Correspondence to area legislatives thanking them for their efforts this legislative
session to ensure that progress in the State of Iowa continues and that Eastern Iowa,
and specifically the City of Dubuque, is a part of that progress.
Suggested Disposition: Receive and File
24. Mediacom
Mediacom submitting the 2008 Annual Report (on file in the City Clerk’s Office).
Suggested Disposition: Receive and File
25. Signed Contracts
-- Consultant Services for I&I Investigation
-- Kephart Building Improvement Project Additional Services Agreement #3
Suggested Disposition: Receive and File
26. Liquor License Refund
Request of James Goetzinger for a refund of his Class C Liquor License in the amount
of $845.
Suggested Disposition: Receive and File; Approve Refund
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27. 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 Keywest Conoco,
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Casey’s General Store #2420, Casey’s General Store #2421, 16 Street Auto Truck
Plaza, and McCann’s Service
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Buffalo Wild
Wings, Kalmes Breaktime, Shot Tower Inn, Marco’s, and Catfish Charlie’s; Special
Class “C” Liquor License to Jorja’s Restaurant; Class “WCN” Wine License to Stone
Cliff Winery; and Class “WBN” Native Wine License to Keywest Conoco and Casey’s
General Store #2420
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.
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1. Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project
City Manager recommending initiation of the public bidding process for the Locust
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Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project and that a
public hearing be set for May 18, 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 for the Locust Street
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Sidewalk and Traffic Signal Installation – 8 to 12 Street Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/18/09
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.
Electrical Code Board
Two 3-year terms through May 21, 2012 (Terms of Schmidt and Uhlrich) (Electrical
Experience/Background requirement)
Applicants:
Bob Schmidt, 2184 Orchard Drive
Paul Uhlrich, 489 Olympic Heights Road
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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. Kephart Building Roof Replacement Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract, and estimated cost for the Kephart Building Roof Replacement Project
and City Manager recommending approval and award of the contract to Giese Roofing
Company, in the amount of $79,495.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
the Kephart Building Roof Replacement Project
RESOLUTION
Awarding public improvement contract for the Kephart Building Roof
Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
5/4/09
2. Fiscal Year 2009 Second Budget Amendment
Proof of publication on notice of hearing to consider the Second Amendment to the
Fiscal Year 2009 Budget and City Manager recommending approval.
RESOLUTION
Approving Amendment No. 2 to the Fiscal Year 2009 Budget for
the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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. Request to Address the City Council
Communication from Cindy Iwasaki, 560 Hill Street, requesting to address the City
Council regarding a fallen retaining wall.
Suggested Disposition: Receive and File; Council
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2. Citizen Communication
Communication from Beth Shank regarding the Keyline bus route and speed limit on
Dove Street.
Suggested Disposition: Receive and File; Council
3. Police Department Organizational Supervision Realignment
City Manager recommending approval of organizational supervision realignment for the
Police Department which involves the creation and elimination of some civil service
positions.
Suggested Disposition: Receive and File; Approve
4. 2009 Art on the River
Arts and Cultural Affairs Advisory Commission requesting City Council approval of the
selection of artwork for the 2009 Art on the River competition.
Suggested Disposition: Receive and File; Approve
5. Washington Neighborhood Development Corporation (WNDC)
City Manager recommending approval of the reallocation of $100,000 from the
Homeownership Grants to fund the activities of the Washington Neighborhood
Development Corporation.
Suggested Disposition: Receive and File; Approve
6. Sidewalk Installation Program (First Reading on April 20, 2009)
ORDINANCE
Amending Chapter 41, Streets, Sidewalks and Public Places, of the City
of Dubuque Code of Ordinances by changing Subsection (a) and (b) and adding a new
Subsection 41-100(c) authorizing City Manager to review appeals
Suggested Disposition: Receive and File; Motion B; Motion A
7. Downtown Parking Ramp Site Selection Recommendation
City Manager recommending that the City Council select the site of a new downtown
parking ramp.
Suggested Disposition: Receive and File; Approve
8. Request for Proposals – Design of Downtown Parking Ramp
City Manager recommending approval of the issuance of a Request for Proposals for
engineering/design services required to design a new downtown parking ramp.
Suggested Disposition: Receive and File; Approve
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9. H1N1 Influenza (Swine Flu) Update
City Manager transmitting information regarding the local response to the recent H1N1
(Swine Flu) Influenza outbreak.
Suggested Disposition: Receive and File
10. Alcohol Civil Penalty Hearing – Tott’s Tap
City Manager submitting information regarding the alcohol civil penalty for Tott’s Tap.
Suggested Disposition: Receive and File; Conduct Hearing
11. Unified Development Code Work Session Dates
City Manager recommending that a series of work sessions on the draft Unified
Development Code be scheduled for Monday, May 11; Wednesday, May 27; Monday,
June 8; and Monday, June 29.
Suggested Disposition: Receive and File; Approve
12. East / West Corridor Study Work Session Date
City Manager recommending that a work session be scheduled for 5:00 p.m. on
Monday, July 20, 2009, to provide an update on the East – West Corridor Connectivity
Study.
Suggested Disposition: Receive and File; Approve
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
April 30, 2009
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