4 5 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, APRIL 5, 2010
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
f .
PRESENT: MAY 9R BUOL, COUNCIL MEMBERS IVRAIG, CON,VORS, JOpIES, LY
RESN'K, VOE7ERG
CITY MANAGER VAN M LLIGEN; CITY ATTORNEY /
� NDAHL I l L
ABSENT:
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 > ✓ /
Rev o e o niv- inary
PROCLAMATIONS -//��
The Week of the Young Child (April 11 —17, 2010) f ,�
Sexual Assault Awareness Month (April, 2010)
ag/t aa-al 64.7"
CONSENT ITEMS
Suggested Disposition: Receive and File
2
e
Buol
Jones
Lynch
Resnick
Voetberg
Braig
Nays
1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 11/24 and 2/23; City Council of 3/15;
Housing Commission of 2/23; Housing Commission Trust Fund of 3/8; Human Rights
Commission of 2/8; Library Board of Trustees of 1/28 and 2/11; Transit Board of
Trustees of 3/11;
Proofs of publication of City Council Proceedings of March 1, 2 and 9, 2010 and List of
Claims and Summary of Revenues for month ended February 28, 2010
2. Notice of Claims /Suits
Antoine Clemons vs. Brian Wullweber, City of Dubuque, and Pablo Ramirez (Amended
and Restated); Arbor Glen Apartments for property damage; Carl Lange for vehicle
damage; State Farm Insurance (representing Marco Pizzimenti) for vehicle damage;
Maryann Upmann for vehicle damage; Randy Williams for property damage
Suggested Disposition: Receive and File; Refer to City Attorney
iftri
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: Maryann
Upmann for vehicle damage; Carl F. Lange for vehicle damage; Arbor Glen Apartments
for property damage; State Farm Insurance for personal injury/vehicle damage; Randy
Williams for property damage
Suggested Disposition: Receive and File; Concur
3. Iowa Office of Energy Independence
Communication to the Iowa Office of Energy Independence in support of the Four
Mounds Energy Office Pilot Program.
Suggested Disposition: Receive and File
4. Mediacom
Communication from Lee Grassley, Mediacom Senior Manager — Government
Relations, notifying the City of upcoming channel changes.
Communication from Lee Grassley, Mediacom Senior Manager — Government
Relations, advising of the adjustment of certain cable service rates effective on or about
May 1,2010.
Suggested Disposition: Receive and File
5. Stipulation of Settlements — Property Tax Appeals
City Attorney recommending approval of the Stipulation of Settlement for Callahan
Construction, Inc. for a vacant piece of ground off Seippel Road located east of the
Westbrook Subdivision; the Stipulation of Settlement for Callahan Construction, Inc. for
a parcel of ground off Pleasant View Drive; and the Stipulation of Settlement for First
National Bank of Dubuque for the US Bank branch bank property located at 435
Kennedy Road.
Suggested Disposition: Receive and File; Approve
6. Office of Energy Independence
Communication from Roya Stanley, Director — Office of Energy Independence, advising
that the City of Dubuque has been selected to receive an Energy Efficiency
Conservation Block Grant in the amount of $500,000 to be used for the traffic flow
optimization project.
Suggested Disposition: Receive and File
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
3
7. Dubuque Golf and Country Club
Communication from Rich Bugalski, Dubuque Golf and Country Club, requesting
permission to display fireworks on Sunday, July 4, 2010 (rain date of Monday, July 5,
2010) on the Dubuque Golf and Country Club grounds.
Suggested Disposition: Receive and File; Approve
8. Citizen Communication
Communication from Tim Patterson, 1882 White Street, submitting an article titled "Goat
Fans, Cities Butting Heads" for the City's consideration.
Suggested Disposition: Receive and File; Refer to City Manager
9. 401 Governmental Money Purchase Plan
City Manager recommending that he be authorized to sign the ICMA Retirement
Corporation Governmental Money Purchase Plan and Trust Adoption Agreement and
the Administrative Services Agreement between ICMA Retirement Corporation and the
City of Dubuque.
RESOLUTION Approving the ICMA Retirement Corporation
Governmental Money Purchase Plan and Trust Basic Document and Appendix A (ICMA
Retirement Corporation Governmental Money Purchase Plan and Trust Amendment for
Post - EGTRRA Legislative and Regulatory Changes) — Plan Number 10 -6876
Suggested Disposition: Receive and File; Adopt Resolution
4
Ayes
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Nays
10. Iowa Department of Transportation (IDOT) Federal Aid Funding Agreement
City Manager recommending approval of an Iowa Department of Transportation Federal
Aid Funding Agreement for a Surface Transportation Program Project for the Kaufmann
Avenue from John F. Kennedy Road to Chaney Road HMA Reconstruction /Resurfacing
Project.
RESOLUTION Fr Approving the Iowa Department of Transportation
Federal Aid Funding Agreement (Agreement No. 6- 10- STPU -05) for the Kaufmann
Avenue from John F. Kennedy Road to Chaney Road HMA Reconstruction /Resurfacing
Project
Suggested Disposition: Receive and File; Adopt Resolution
11. Request for Proposals — 9 Street and 11 Street Traffic Study
City Manager recommending approval of the issuance of a Request for Proposals to
seek qualified firms interested in providing professional services for the 9 Street and
11 Street Traffic Study: One -Way to Two -Way Conversion.
Suggested Disposition: Receive and File; Approve
12. I -Jobs Affordable Housing Program
City Manager recommending approval of the contract with the Iowa Finance Authority
for the $240,000 funding award to assist in the conversion of the Historic Washington
Row Houses located on Washington Street.
Suggested Disposition: Receive and File; Approve
13. 2010 Art on the River Exhibition
Arts and Cultural Affairs Advisory Commission request City Council concurrence with
the selection of artwork for the 2010 Art on the River Competition.
Suggested Disposition: Receive and File; Approve
5
Ayes
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Nays
14. McDonough Estate — Disposition of Property
City Attorney recommending approval of a quit claim deed for one -half of a portion of
Barry Street to be conveyed to the residual devisees under the John J. McDonough, Sr.
last will and testament.
RESOLUTION Authorizing the disposal of the interest of the City of
Dubuque, Iowa, in the real property described as the northwesterly one -half of Barry
Street in Barry Subdivision No. 2 in the City of Dubuque, Iowa to the residual devisees
under the John J. McDonough, Sr. last will and testament
Suggested Disposition: Receive and File; Adopt Resolution
15. Crime /Poverty Research Study
City Manager recommending approval of a contract with the Northern Illinois University
Center for Governmental Studies to conduct an expanded study on crime and poverty.
Suggested Disposition: Receive and File; Approve
16. Purchase of Property — 3301 Roosevelt Street
City Manager recommending approval of the purchase of real estate located at 3301
Roosevelt Street for the proposed construction of a water tower.
RESOLUTION Qs/ Accepting the warranty deed to part of Lot 1 of Lot 2
of Lot 2 of Mineral Lot 311 in the City of Dubuque, Dubuque County, Iowa from Fondell
Excavating, Inc. of Dubuque Iowa
Suggested Disposition: Receive and File; Adopt Resolution
6
Buol
onnors
Jones
Lynch
Resnick
Voetberg
Braig
Nays
17. Legislative Correspondence
Communication to area legislators urging their opposition to HF 2382 that adds
language to Iowa Code Chapter 411 to allow covered employees to designate a
physician of their choosing to treat a work - related illness or injury rather than the
employer choosing the care.
Communication to area legislators regarding HF 2502 that phases out the State's
contribution to the Municipal Fire and Retirement System and creates a Benefits
Advisory Commission.
Communication to Representative Chuck Isenhart asking that he support HSB 741
which would give the City the option to increase the local hotel /motel tax from seven to
nine percent.
Suggested Disposition: Receive and File
18. Bee Branch Creek Restoration Project Programmatic Agreement
City Manager recommending approval of a Programmatic Agreement among the U.S.
Army Corps of Engineers, the Iowa Department of Natural Resources, the State Historic
Preservation Office and the City of Dubuque regarding the construction of the Bee
Branch Creek Restoration Project.
RESOLUTION Authorizing the execution of an agreement with the
Iowa Department of Natural Resources, the U.S. Army Corp of Engineers, and the State
Historic Preservation Office regarding the construction of the Bee Branch Creek
Restoration project
Suggested Disposition: Receive and File; Adopt Resolution
19. Withdrawal of Claim — Port of Dubuque Parking Facility Project
Communication from William S. Vernon, representing W.C. Stewart Construction, Inc.,
advising that the claim for material and labor on the Port of Dubuque Parking Facility
Project has been withdrawn.
Suggested Disposition: Receive and File
7
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
20. Historic Millwork District Streetscape and Utilities
City Manager recommending acceptance of Amendment No. 1 to the Historic Millwork
District Streetscape and Utilities Professional engineering Services Agreement between
the City and Veenstra & Kimm, Inc.
Suggested Disposition: Receive and File; Approve
21. Signed Contracts
-- Bee Branch Creek Restoration Project Asbestos Inspections
-- POD Ramp Repair Approval
Suggested Disposition: Receive and File
22. Business License Refund
Request of Steve Haggerty, Ten Pin Tap, for a refund of Beer and Liquor License
#LC0034802 in the amount of $422.50.
Suggested Disposition: Receive and File; Approve Refund
23. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION " Granting the issuance of a Class "B" Beer Permit to
McAleece Park and Recreation Complex and Panchero's Mexican Grill; and a Class "C"
Beer Permit to 16 Street Auto/Truck Plaza, Oky Doky #1, Paro Foods Mart, Kwik Stop
C- Store, Oky Doky #2 and Hartig Drug
RESOLUTION 9 9 Granting the issuance of a Class "C" Beer /Liquor
License to Noonan's Tap, Clarke College, Olive Garden, Whiskey River, Knights of
Columbus, Bar -X and Hammer Time Bar; a Class "B" Wine Permit to Oky Doky #1, Oky
Doky #2, and Hartig Drug; and a Class "WBN" Native Wine Permit to Kwik Stop C-
Store, 16 Street Auto/Truck Plaza and Tobacco Outlet Plus #504
Suggested Disposition: Receive and File; Adopt Resolutions
8
Ayes
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Nays
24. Getting' Ahead Program: Contract with Move the Mountain TM
City Manager recommending approval of the contract with the Move the Mountain
Leadership Center for services related to implementation of the Circles initiative.
Suggested Disposition: Receive and File; Approve
Ayes
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Nays
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
Ayes
Buol
Connors
Jones
Lynch
Resnick
oetberg
J Braig
10
Nays
1. HHR Enterprises of Dubuque, Inc. —April 19, 2010
2. Fiscal Year 2010 Second Budget Amendment — April 19, 2010
3. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project —April
19, 2010
4. Water Pollution Control Plant Upgrade Project — April 19, 2010
1. HHR Enterprises of Dubuque, Inc.
City Manager recommending that a public hearing be set for April 19, 2010 to consider
approval of a lease agreement with HHH Enterprises of Dubuque, Inc. to operate and
maintain a restaurant deck and beer garden at 180 Main Street.
RESOLUTION 9- Of intent to dispose of an interest in real property owned
by the City of Dubuque by lease between the City of Dubuque and HHH Enterprises of
Dubuque, Inc.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/19/10
2. Fiscal Year 2010 Second Budget Amendment
City Manager recommending that a public hearing be set for April 19, 2010 to consider
approval of the second amendment to the Fiscal Year 2010 Budget.
RESOLUTION ` 7 Setting the date for the public hearing on Amendment
No. 2 to the Fiscal Year 2010 Budget for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/19/10
3. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project
City Manager recommending initiation of the public bidding process for the Tenth and
Central Parking Ramp and Fire Headquarters Expansion Project and that a public
hearing be set for April 19, 2010, to consider approval of the plans and specifications,
form of contract and estimated cost.
RESOLUTION 97 Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the
Tenth and Central Parking Ramp and Fire Headquarters Expansion Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/19/10
4. Water Pollution Control Plant Upgrade Project
City Manager recommending initiation of the public bidding process for the Water
Pollution Control Plant Upgrade Project and that a public hearing be set for April 19,
2010, to consider approval of the plans and specifications, form of contract and
estimated cost.
RESOLUTION 7if( Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the
Water Pollution Control Plant Upgrade Project.
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
4/19/10
11
BOARDS /COMMISSIONS
Appointments to the following Boards /Commissions:
Community Development Advisory Commission
One 3 -year term through February 15, 2013 (At -Large Term of Gukeisen)
Applicant:
Peter Koshakji, 1076 1/2 University Avenue
Buol
onnors
ones
ynch
Resnick
Voetberg
Braig
Nays
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. Cell Phone Ordinance
City Attorney requesting City Council direction on the repeal of the City's cell phone
ordinance as to whether it be effective upon publication or on July 1, 2010.
ORDINANCE Repealing Ordinance No. 11 -10 Prohibiting the use of an
electronic communications device while operating a motor vehicle
Suggested Disposition: Receive and File; Motion B; Motion A
") r L/
Suspend the Readings
Ayes / Nays
� Buol
` Connors
Jones
Lynch
Resnick
Voetberg
raig
i al Reading an • Adopt
Aye Nayes
uol r
• nors /.
2. Multiple Housing Cooperative Transfers
City Manager recommending approval of a proposed ordinance which requires that an
existing structure being transferred to a multiple housing cooperative must meet building
code requirements in effect on the date of the transfer.
ORDINANCE Amending Title 14 Chapter 7 of the City of Dubuque
Code of Ordinances, Condominium Conversions, by prohibiting transfer of an existing
structure to a multiple housing cooperative unless the structure meets building code
requirements in effect on the date of transfer
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ayes
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Nays
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.
14
Final Reading and Adopt
Ayers
// Buol
/ Connors
Jones
Lynch
,Resnick
/Voetberg
/ Braig
Nayes
0.Y
CLOSED SESSION
Pending Litigation and Property Acquisition — Chapter 21.5(1)(c)(j) Code of Iowa
Motion to go into Closed Session at 7:0
Motion to adjourn at /: '61
Ayes
�� Buol
Connors
'! Jones
Lynch
Resnick
Voetberg
Braig
Ayes
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Nays
Nays