Loading...
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. g ti Motion to adjourn at ' , eyes Nays ~°-= ~yncn ~" "`~ Resnick Voetberg raig °' uol , . `~ Connors ~,~ Jones ~F ~' ~ ~ ~' ~y ~_~ ~ u. ~~ ~ ~ ~~ ~ ~ „ . ~ ~ ~ _~ / ;, ~ ~/ ~, d ,~/ ~~ .. ei 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` ~ - ~ - ~° ~~ National Tourism Month (May, 2009) ~f ,~__ _____~~'°~ ~ ~. ,~ .~, 64im Wadding ®ay (May 26, 2009) ` 1~,~ ~ _ _---- °. b , ~ _ ,~~~ °~ r - f ~~ , ~. 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 ,; r d _ ~ ®{/ ,~ ,{},'n Y{ ~. { yam/ ~_°f .. 4 J ~~/fF . ~..+3 (,F,.• ~ o+J ~- ./ ~~~~ ~ f~ ~~b9' ~~ ~ ~ of f Y ~ ~ J J / ,d' ~j p d'" ~` f yr P j` ~ ~. ~ .y,.~.' ~' ~ Pa, .fp'$~i^_ 3Y~~ ° ~ ( g T**"~ . ~, ~" r ~• j' ,. ' • ~ / ~ ¢ ~~~) x ~' m ~ ` •~; 1 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. ~, 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 ~F ®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 °# `` `~ i/` ~ .~a.,~ ~ °' ° ~ ~ rte` tr ~~'~ ~ pp fl P ~Y ~ r ~'~ ~-~/eS Nays ~~~~~ °~~ ~ t 4y-, f' o f ~` ~ ,~° L~/nCll ~~ e 1 ~~ ~° ~ a Resnick ~~(~ l,~~ -`~ ~ Voetberg ~>`~i' ~ o ~! f~ ~ ~~ ° a ~'`~ ~°° Braig t ' Connors ~ , 5~ „~ ~ ~ Jones - ((( C ~ _ ~ ~~ v.~ ~ .~~ ~ ~~ ., ~~'~ ; ~ ~~ v a ~~ ~~ u'~ , E °1~ 8 P ¢. ~~ ! ~ . .. :.d' n d t y ~ aso F ¢ P ~ v ~~ ~~ 9' ~ ~ E a o ` ~ ~ ~K` ~ ~ r ~ t ~ a a fl ~~~ ~~~ ~ ~ ~. F y ~ >~ ~~F~.. J~ ~ .~ ,~ 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 i ~ ~~=~' Buol ~~ ~~~` ,~ `'Connors ~~~ ~ " .~ ~ - o ~ .Jones ~~ ~~ 1 - ~ `` . ,r a `s ~' ' . ~ ~ d ~p 7 ,/6 ~ ~ ~ ~ ) 13 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 ®isposition: Receive and File; Adopt Resolution Ayes '" Lynch Resnick ~~ Voetberg ~-`, Craig ~' uol ~/' Connors ~, Jones 3. Fair Market Value - 1553 Maple Street ~,/G 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 ~' e. x~,uy r a~ ! F n . ~ ~_ 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 ~,, .~ Ayes M Nays ~` ~~ ~,~ .a.., ~~ y~~b~P f ~yn Lill f4 o;.!i~ ~ .~~ > ~~ pt ~s Resn~C{( i ~~ ~ `,~ Voetber ~ ~ ~~' ~'~' ~ ~,~~~~,~` ~ Braig g B' ~ ~`~ f ~. ~ Y~~2 ~ Buol ,~ ~~ '1 ~~~ ,~ ~ ~>.~ ~ ~ ~ ~ ~ a~ ~ % Connors ' G" E, ~,~ " ~~ ~,; ~,~ r~ G° ~ Jones ~ ,p . ~ ~f6 d _ „` p['/~ ~ }yam: ~w ;f ~"~~ ~ ~ 4 ~ ' ~ ( f "J9 f :~ ~~._ :~ Ayes Nays .~ ~ ° , ~ ~ ~° Lynch G~ ~ ~~, ~~~ ~ ~ Resnick ' ~ Voetberg p~d e~ ~ _ " ~ E ~~: Braig ~ uol ~~` ;g p ~' ~`~ ~° Connors ~~ ° ~ ` ~ C Jones ~'' r. ~, ,~ E, ~~ ~ a ~ r, ~ ~. ,,t = ~ ~ / ~ ~~ ~ f ~ ,5 °' f rte' .~ ~ .6 --»" a k > ~ 'U ~~yy { ~ /J"''~ ppg,r ~ jt~~ ~ I t V :.fit ~ff R 6'",#`~~ 1 E' ,~" ~~. .~k ~ '~ ~'7 ~ ~'.'{4. iP ~ t r e 6+ ~ F ~i °' ~~e / ~ .off ~ d~~~r~ ~1~`~~~'~~~~,..~8.~ ~i ~ /.,~,~r~ H~~ ~, ~~,I~""~ ~~ , ~• t ,~ f~ ~irt~ ~. ° 15 4~ ~ y 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 16 ,` ~~ 1 ~' _ - ~ ,, ~~ , @~ 3~ f _ p/ iii " ~ o s / bi.. ~X~ f ~jj~ 5 ~ 9~ ~ ~'~ 1+~ ~ ~ P t t f ` ~ [~5 I f '~ ~i ~ / t f~rb a V J - r r ~"' ~ v+ 66~~ ~ ~ _ 4 y ~ e !, ~ a~ "_%~ °~ A Fa 4 Y rs ~ fl r f _; o .~ , .~ 's` =. _ - , ~, i J ~ ~ ~~ ~ ~ .~ x r ~a f ~. ~ ~-~" . r ~ ~,, ~~ ~ ~ ~ ~ ~ 6i $+ t P f ,,, ~ t. (, `~ F `! ~' ~ ~~ ~ ~ ~ ` ~~ ` ~ , @~ ` f ° ~ ' ,' , ` t, ~ ~~>; y rM , ~ ~ ~ ~ ,~ .~~ : ;~ ~ 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' ;$9~-~~~- ;.:_ .d Suggested ®isposition: Receive and File; Council Cv, "-, '~~ pT~'t F'~~ r F E ~ ~-~ ayes Nays ~~ 8 ~ ~' ` ~ Lynch e r , ~a, fat:. L r, ~ Resnccl ~- ~ ~ ~„ f ~~~ ~ r ~. - ~ ~ ,~~~ Voetberg a$'u ear ~~:.,~~ ~ Braig ~ ~~ ~ ~ , ~~~~ '" Buol ~ ' ,. ~~~~" ,~ ! `~~~,~~.~~~~- 'Connor ~~~ ~~ Jones !~ z ~;..Pn ti.d~, .~ .r I. i ~, ~5.~ 3~~ ® ~ d ~- ~y ~~ ,~' ~~:r~ ~~ Ayes Nays - r . d L nch ~ Y ~~'~~ Resnick d~F~= ~` ~`- . ~ ~%~ Voetberg `' t ~ Braig ~"' Buol a ~ ,x ,~~. ~ , :fir-~ ~, ~ Connors ~. ~ ~ Jones ~__ '~ `~ /7 ~ "~ g 6<" ~~: . ~~ ~" ,~ >~ ~~~ ,~, ~~r~ ~ ~~ ~ ~ ~e ~ ~~ ! . ', ` ' ~'~" `F/4 e ~ ~ ~ ,,. '~,r~~ ~ ,~ ~~~ r ~~Fl~~ ~~~ ~i ~' t ~ f -, ~~# ~ . ~~ !~ ~~ . 17 '~-~'~ 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 ~,~~, 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 ,- ~° ' A ~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