5 18 09 Assistant Clerk's Skeleton Notes and Meeting CallA SENT':
Mayor Buol read the call and stated this is a special session of the City Council to tour the IBM
Facilities in the Roshek Building.
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Motion to adjourn at ' ,
eyes Nays
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Voetberg
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A SENT:
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.
PLE®GE OF ALLEGIANCE
INVOCATION: Jeff Fogle, Associate Pastor, Christ Church of ®ubuque
PROCLAMATIONS
Scoutreach Dav (Mav 3®. 2009) f ~P°'~~`~ ~'~ ~~.,~ ~`,,' ~ .r~~~:~f"~
-------- ~ .----d --~---, ,~_~ ~ ~..
Relay for Life ®ays (May 29 and 30, 2009) r~~r ~ f~ ~ . ~ , '~~ ~f` ~ - ~ - ~°
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National Tourism Month (May, 2009) ~f ,~__ _____~~'°~ ~ ~.
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64im Wadding ®ay (May 26, 2009) ` 1~,~ ~
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2
Consent Agenda Procedure
1. City Clerk calls consent agenda
2. Mayor asks whether council member wants to move any item to the Action
agenda
Council member asks that items 1 and 2 be moved to Action agenda
3. Mayor asks whether any citizen wants to request any item be moved to the
Action agenda
Citizen asks that item 3 be moved to Action agenda
4. Motion is made and seconded to move items 1, 2 and 3 to Action agenda
5. Council discussion on motion
If council agrees that items 1, 2 and 3 should be moved to the Action
agenda, mayor calls for the vote
If council decides that any item should not be moved to the Action agenda,
motion is amended to include only those items that will be moved to the
Action agenda
Council votes on motion
6. Motion is made on the remaining consent items, which would include any
items that were not included in the motion to move the item to the Action agenda
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CNSENTIT MS
Nays
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 ®etailed Operating udget 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 ®isposition: Receive and File; Approve
4. John White vs. City of ®ubuque
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 ®isposition: 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 ®isposition: Receive and File; Approve
6. 11t" Street Steps and Grove Terrace Retaining Wall Project
City Manager recommending acceptance of the 11t" Street Steps and Grove Terrace
Retaining Wall Project as completed by Portzen Construction, Inc. in the final contract
amount of $635,536.59.
RESOLUI°ION °' Accepting the 11t" Street Steps and Grove Terrace
Retaining Wall Project and authorizing the payment of the contract amount to the
contractor
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
4
7. North Fork Catfish Creek Interceptor Sewer roject 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
~. 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
Connors
Jones
5
10. Roshek uildin / I M 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.
~_
RES®LUTI®N ~? ~ 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. PEC Capital Crant 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
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
Ayes gays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
6
14. Alcohol Cornpliance ®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
Licenses for Pizza Hut at 320 East 20t" Street and 2075 John F. Kennedy Road.
Suggested Disposition: Receive and File; Approve Refunds
1~. Signed Contracts
Parking Ramp Soil Agreement between WC Stewart Construction and City of Dubuque
Suggested Disposition: Receive and File
7
19. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
ESOLUTION _ 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 ®isposition: Receive and File; Adopt Resolutions
Jones
8
s ~j
IT S TO SET FOR PU LIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Green Alley Pilot Project -Alley between Jackson and White Streets from 11t" to
13t" Streets
City Manager recommending initiation of the public bidding process for the Green Alley
Pilot Project -Alley between Jackson and White Streets from 11 t" to 13t" Streets and
that a public hearing be set for June 1, 2009.
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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 Project -Alley between Jackson and White Streets from 11 t" to 13t"
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
9
2. Trolley Line Trail - agle 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
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
6/1 /09
3. North Fork Catfish Creek Sanitary Sewer Project -Phase 1
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 ,f , ~ 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
10
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®A ®S/CMMISSINS
Appointments to the following Boards/Commissions:
Electrical Code hoard
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
11
SUSPEN® TFiE RULES
~-yes Nays
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
1. Locust Street Sidewalk and Traffiic Signal Installation ®gt" to 12t" 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
Installation - 8t" to 12t" Street Project and City Manager recommending approval.
RESOLUTION / -' ` Approving plans, specifications, form of contract, and
estimated cost for the ocust Street Sidewalk and Traffic Signal Installation - 8t" to 12t"
Street Project
Suggested ®isposition: Receive and File; ~-dopt Resolution °# `` `~
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R INSTATE THE RULES f ~.
This action limits discussion to the City Council.'
Ayes Nays
~~ ~ Lynch
Resnick
"-0 Voetberg
~`" Braig
Buol
l Connors
Jones
ACTION ITEMS ~f ~~
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 '~' ~ '
~', r ~~
/ Ayes Nays
~~~l ~ ~ ~~~~ ~ Lynch
~~' A ~ a'- ~, Resnick
~,~ ,~ , '~ ~~~. ~ ~ Voetberg
®~ ~" ~ . ~, r ~,~'~ Braig
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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 ®isposition: Receive and File; Adopt Resolution
Ayes
'" Lynch
Resnick
~~ Voetberg
~-`, Craig
~' uol
~/' Connors
~, Jones
3.
Fair Market Value - 1553 Maple Street
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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.
F
RESOLUTION ,/ ~ Establishing the fair market value of real property at
1553 Maple Street, Dubuque, Iowa, owned by Milton Schwartz
Suggested ®isposition: Receive and File; Adopt Resolution
Ayes
~~ Lynch
~~ Resnick
~~ ~ Voetberg
i3raig
'` uol
I ~ Connors
Jones
Nays
Nays
14
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4. City Council Compensation °fask Force
Communication from the City Council Compensation Task Force regarding Mayor and
City Council compensation.
Suggested Disposition: Receive and File; Council
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First Amendment to ®evelopment Agreement ®40 Main LLC `',~„~_
City Manager recommending approval of the First Amendment to the 40 Main LLC
Development Agreement which provides ashort-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 ®isposition: Receive and File; Approve
Ayes Nays
~~ Lynch
~` Resnick
~=~ Voetberg
t~ raig
Buol
~ Connors
~,. Jones
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6. North randview,4venue 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. ~
;~, ,a -1,~, yep ~ r' ;$9~-~~~- ;.:_ .d
Suggested ®isposition: Receive and File; Council Cv, "-, '~~
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7. Iowa Jobs (I®J® S) 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
Ayes
~,~ Lyncn
Resnick
Voetberg
Braig
s'".. Buol
~'' Connors
~~ ~, Jones
Nays
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8. Greater Dubuque Development Corporation oard 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
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~ayS
18
l ..
lJ LIC INPl11' ~~
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.
~'
Motion to adjourn at d d'
19