5 18 09 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF
5/18/09
RESNICK
VOETBERG
BRAIG
BUOL
CONNORS
JONES
LYNCH
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:00 P.M. – TOUR OF IBM FACILITIES – ROSHEK BUILDING
6:30 P.M. – REGULAR MEETING
HISTORIC FEDERAL BUILDING
MONDAY, MAY 18, 2009
PLEDGE OF ALLEGIANCE
INVOCATION
Jeff Fogle, Associate Pastor, Christ Church of Dubuque
PROCLAMATIONS
Scoutreach Day (May 30, 2009)
Relay for Life Days (May 29 and 30, 2009)
National Tourism Month (May, 2009)
Kim Wadding Day (May 26, 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 3/24; Cable TV Teleprogramming
Commission of 4/7; City Council of 5/1, 5/4 and 5/11; Civil Service Commission of 3/31;
Environmental Stewardship Advisory Commission of 5/5; Historic Preservation
Commission of 4/16; Housing Code Appeals Board of 10/21/08; Library Board of 3/26
and 4/15; Long Range Planning Advisory Commission of 4/15; Transit Board of
Trustees of 3/28; Zoning Board of Adjustment of 4/23
Proofs of publication of City Council Proceedings of April 20 and May 1, 2009
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Paula Nicholson for vehicle damage; Larry A. Vogt for vehicle damage; Michael Haun
for vehicle damage; Lakeesha Wheeler for property damage; Terrance J. Reisdorf for
personal injury; Clint Duffy, d/b/a Garrett Waterproofing, for expenses incurred
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: Michael Haun
for vehicle damage
City Attorney recommending settlement of the claim of Paula Nicholson for vehicle
damage.
Suggested Disposition: Receive and File; Concur
3. Fiscal Year 2010 Detailed Operating Budget for the Five Flags Center
City Manager recommending approval of the detailed Fiscal Year 2010 operating
budget for the Five Flags Center as submitted by SMG.
Suggested Disposition: Receive and File; Approve
4. John White vs. City of Dubuque
City Attorney advising that the District Court has authorized the City to proceed with
condemnation of property located at 409 Burch Street owned by John White.
Suggested Disposition: Receive and File
5. Assistance to Firefighter Grant
City Manager recommending approval of an Assistance to Firefighter Grant Program
application to the U.S. Department of Homeland Security for public education,
inspection and equipment funding.
Suggested Disposition: Receive and File; Approve
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6. 11 Street Steps and Grove Terrace Retaining Wall Project
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City Manager recommending acceptance of the 11 Street Steps and Grove Terrace
Retaining Wall Project as completed by Portzen Construction, Inc. in the final contract
amount of $635,536.59.
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RESOLUTION
Accepting the 11 Street Steps and Grove Terrace Retaining Wall
Project and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
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7. North Fork Catfish Creek Interceptor Sewer Project Grant Agreement
City Manager recommending approval to enter into an agreement with the Iowa
Department of Homeland Security and Emergency Management, as required for
receiving federal and state funding, for the City’s North Fork Catfish Creek Sanitary
Sewer Improvements Project in the amount of $1,627,113.
RESOLUTION
Authorizing the execution of an agreement with the Iowa Homeland
Security and Emergency Management Division as required for receiving Federal and
State Hazard Mitigation Grant Program Funding for the sanitary sewer improvements
associated with the North Fork Catfish Creek Sanitary and Stormwater Drainage
Improvements Project
Suggested Disposition: Receive and File; Adopt Resolution
8. Amendment to UDAG Loan – River Nursery and Landscaping
City Manager recommending approval of an extension of the $20,000 loan balance
payment due from Dubuque Nursery and Landscaping to December, 2009.
RESOLUTION
Amending Loan Agreement with Dubuque Nursery and Landscaping
Suggested Disposition: Receive and File; Adopt Resolution
9. Tri-State Area Trail Plan
City Manager recommending adoption of the Tri-State Area Integrated Walking, Biking,
Hiking Network Plan.
RESOLUTION
Adopting the Tri-State Integrated Walking, Biking, Hiking Network Plan
Suggested Disposition: Receive and File; Adopt Resolution
10. Roshek Building / IBM Redevelopment Project
City Manager recommending approval of a form of Notice and Consent Agreement by
and among the City, Dubuque Bank & Trust, Dubuque Initiatives and Roshek Building
Investment Fund, LLC involving the Roshek Building/IBM Redevelopment Project.
RESOLUTION
Approving and authorizing execution of a Notice and Consent
Agreement by and among the City, Dubuque Bank & Trust, Dubuque Initiatives and
Roshek Building Investment Fund, LLC
Suggested Disposition: Receive and File; Adopt Resolution
11. PEG Capital Grant Expenditure Request
City Manager recommending approval of the Cable TV Tele-Programming Commission
recommendation for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities in the amount of $11,500 for an
encoding station for the Mediacom public access facility.
Suggested Disposition: Receive and File; Approve
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12. Wetlands Monitoring Project
City Manager recommending approval of the selection of Griggs Environmental
Strategies to monitor the newly created wetlands at the Dubuque Industrial Center
West.
Suggested Disposition: Receive and File; Approve
13. Dubuque Drum and Bugle Corps
Communication from Greg Orwoll, Executive Director – Dubuque Drum and Bugle
Corps, regarding the annual Music on the March and requesting an exemption from the
noise ordinance and residential parking permit district around Senior High School on
June 30 and July 31, 2009.
Suggested Disposition: Receive and File; Approve
14. Alcohol Compliance – Civil Penalty for Alcohol License Holder
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a first offense alcohol compliance violation for The Club House, 2364 Washington
Street.
Suggested Disposition: Receive and File; Approve
15. Legislative Correspondence
Correspondence to Congressman Braley, Senator Grassley and Senator Harkin
thanking them for their support of the Energy Efficiency and Conservation Block Grant
recently funded through the American Reinvestment and Recovery Act.
Suggested Disposition: Receive and File
16. Liquor License Transfer
Request of the Rotary Club of Dubuque to transfer their liquor license to A.Y. McDonald
Park on June 10, 2009.
Suggested Disposition: Receive and File; Approve
17. Liquor License Refunds
Request of John Murphy, Pizza Hut of America, Inc., for a refund of the Beer and Liquor
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Licenses for Pizza Hut at 320 East 20 Street and 2075 John F. Kennedy Road.
Suggested Disposition: Receive and File; Approve Refunds
18. Signed Contracts
Parking Ramp Soil Agreement between WC Stewart Construction and City of Dubuque
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 “B” Beer Permit (5-Day Special Event)
to Catfish Festival and a Class “C” Beer Permit to Cedar Cross Amoco, Hy-Vee Wine
and Spirits, Hartig Drug #2, Pioneer’s Rest Area and Awn Stop Mart #2
RESOLUTION
Granting the issuance of a Class “A” Liquor License to Dubuque Golf
and Country Club; Class “C” Beer/Liquor License to Tott’s Tap, Easy Street, Denny’s
Lux Club, Five Flags Center, 180 Main Street, Silver Dollar Cantina, Bar-X, Bootleggers
Pub and Kalmes Breaktime; Class “B” Wine to Hy-Vee Wine and Spirits, Hartig Drug #2,
Oh La La, and Church of the Resurrection; Class “WBN” Native Wine Permit to Big 10
Mart; and Special Class “C” Liquor (Five-Day Special Event) License to Music n More
and Dubuque Jaycees (two events)
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. Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to
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13 Streets
City Manager recommending initiation of the public bidding process for the Green Alley
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Pilot Project – Alley between Jackson and White Streets from 11 to 13 Streets and
that a public hearing be set for June 1, 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 Green Alley Pilot
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Project – Alley between Jackson and White Streets from 11 to 13 Streets
RESOLUTION
Approving the plat, schedule of assessments and estimate of total cost
and setting date of public hearing on Resolution of Necessity
RESOLUTION
of Necessity
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
6/1/09
2. Trolley Line Trail – Eagle Point Park Project
City Manager recommending initiation of the public bidding process for the Eagle Point
Trolley Line Trail Project and that a public hearing be set for June 1, 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 Eagle Point Trolley
Line Trail Project
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Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
6/1/09
3. North Fork Catfish Creek Sanitary Sewer Project – Phase I
City Manager recommending initiation of the public bidding process for the North Fork
Catfish Creek Sanitary Sewer Project – Phase I and that a public hearing be set for
June 1, 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 North Fork Catfish
Creek Sanitary Sewer Project – Phase I
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
6/1/09
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
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
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
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1. Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project
Proof of publication on notice of public hearing to consider the plans, specifications,
form of contract, and estimated cost for the Locust Street Sidewalk and Traffic Signal
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Installation – 8 to 12 Street Project and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
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the Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project
Suggested Disposition: Receive and File; Adopt Resolution
REINSTATE THE RULES
This action limits discussion to the City Council.
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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. Dubuque Area Chamber of Commerce Convention and Visitors Bureau
Convention and Visitors Bureau Director Keith Rahe to present the Quarterly Report.
Suggested Disposition: Receive and File
2. Fair Market Value – 502 / 504 Rhomberg Avenue
City Manager recommending establishment of the fair market value for property at 502 /
504 Rhomberg Avenue and authorization for the City Attorney to commence
negotiations for the purchase of the property.
RESOLUTION
Establishing the fair market value of real property at 502 / 504
Rhomberg Avenue, Dubuque, Iowa, owned by Michael Lindauer and Donna Lindauer
Suggested Disposition: Receive and File; Adopt Resolution
3. Fair Market Value – 1553 Maple Street
City Manager recommending establishment of the fair market value for property at 1553
Maple Street and authorization for the City Attorney to commence negotiations for the
purchase of the property.
RESOLUTION
Establishing the fair market value of real property at 1553 Maple Street,
Dubuque, Iowa, owned by Milton Schwartz
Suggested Disposition: Receive and File; Adopt Resolution
4. City Council Compensation Task Force
Communication from the City Council Compensation Task Force regarding Mayor and
City Council compensation.
Suggested Disposition: Receive and File; Council
5. First Amendment to Development Agreement – 40 Main LLC
City Manager recommending approval of the First Amendment to the 40 Main LLC
Development Agreement which provides a short-term loan for rehabilitation of a mixed
use building at 40 Main Street.
RESOLUTION
Approving the First Amendment to the 40 Main LLC Development
Agreement
Suggested Disposition: Receive and File; Approve
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6. North Grandview Avenue Pet Park
Request of Council Member David Resnick to discuss the pet park on North Grandview
Avenue.
City Manager transmitting information regarding the North Grandview Pet Park.
Suggested Disposition: Receive and File; Council
7. Iowa Jobs (I-JOBS) Program Funding
City Manager recommending approval to allocate all City funding appropriation from the
Iowa Jobs (I-JOBS) Program to the Southwest Arterial Project.
Suggested Disposition: Receive and File; Approve
8. Greater Dubuque Development Corporation Board of Directors
Communication from the Greater Dubuque Development Corporation requesting
appointments to the Greater Dubuque Development Corporation Board of Directors
(currently Mayor Roy Buol, City Manager Michael Van Milligen, Economic Development
Director Dave Heiar and City Council Members Joyce Connors and Kevin Lynch).
Suggested Disposition: Receive and File; Council
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.
Jeanne F. Schneider
May 14, 2009
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