2 5 07 Agenda - No Icons
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 1
CITY OF DUBUQUE, IOWA
CITY COUNCIL
5:30 P.M. – WORKSESSION – CONVENTION AND VISITORS BUREAU
6:30 P.M. – REGULAR SESSION
LIBRARY AUDITORIUM
MONDAY, FEBRUARY 5, 2007
PLEDGE OF ALLEGIANCE
INVOCATION
Chaplain David Pacholke, United Methodist Affiliation – Finley Hospital
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
Airport Commission of 12/11; Arts and Cultural Affairs Advisory Commission of 11/28;
Cable TV Regulatory Commission of 11/08; Cable TV Teleprogramming Commission of
12/11; City Council of 1/16 and 1/29; Civil Service Commission of 1/9; Electrical Code
Board of 1/22; Historic Preservation Commission of 1/18; Housing Commission of
11/28; Housing Commission Trust Fund Committee of 1/29; Human Rights Commission
of 11/13; Investment Oversight Advisory Commission of 1/24; Library Board of 12/14;
Long Range Planning Advisory Commission of 1/17; Mechanical Board of 1/23; Park
and Recreation Commission of 1/9; Zoning Board of Adjustment of 1/25
th
Investment Oversight Commission submitting the 55 quarterly report
Proofs of publication of City Council Proceedings of November 20, December 11,
December 19, 2006, January 3, and January 16, 2007 and List of Claims and Summary
of Revenues for Month Ending December 31, 2006
Suggested Disposition: Receive and File
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 2
2.Notice of Claims/Suits
Thomas J. Kehoe for vehicle damage; Morgan Electronic Registration Systems, Inc. vs.
City of Dubuque Housing and Community Development Department, et al; Matthew
Smothers for vehicle damage; Lary L. Williams for vehicle 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: Justin Apel for
vehicle damage; Thomas Kehoe for vehicle damage; Harold O. Miller for vehicle
damage; Matthew Smothers for vehicle damage; Lary L. Williams for vehicle damage
Suggested Disposition: Receive and File; Concur
3.Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that The
Durrant Group, Inc. has been awarded IDED financial assistance for their project in the
Port of Dubuque.
Suggested Disposition: Receive and File
4.Electrical Code Board
Communication from Steve Neyens, Secretary to the Electrical Code Board, advising
that David Pregler has submitted his resignation from the Board.
Suggested Disposition: Receive and File
5.St. Mark Community Center
Communication from Sister Inez Turnmeyer and Sandi Helgerson, Saint Mark
Community Center, requesting City support for after-school programs at three locations
in the Fiscal Year 2008 budget.
Suggested Disposition: Receive and File; Refer to City Manager
6.Iowa League of Cities
Communication from the Iowa League of Cities inviting the City to bid on the 2011 Iowa
League of Cities Annual Conference and Exhibit.
Suggested Disposition: Receive and File; Refer to City Manager
7.Motion for Rehearing
City Attorney advising that the Supreme Court has denied the Petition for Rehearing in
the Sutton vs. Dubuque City Council case.
Suggested Disposition: Receive and File
2
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 3
8.Four Mounds Foundation
Communication from Christine Happ Olson, Executive Director of the Four Mounds
Foundation, congratulating the City on the award from the AIA that allows the City to
engage in the Green Sustainable Design Assessment Team study and requesting that
Four Mounds be involved in the planning process and that their site be utilized as a
demonstration model.
Suggested Disposition: Receive and File; Refer to City Manager
9.Dubuque Metropolitan Area Solid Waste Agency
Communication from Chuck Goddard, Dubuque Metropolitan Area Solid Waste Agency
Administrator, submitting the Agency’s Fiscal Year 2008 budget and fee schedule.
Suggested Disposition: Receive and File
10.Vision Iowa
Communication from Andrew Anderson, Vision Iowa Board Chairman, submitting the
Vision Iowa Status Report.
Suggested Disposition: Receive and File
11.City of Webster City
Communication from Ed Sadler, City Manager of Webster City, Iowa, requesting that
the City of Dubuque send a letter to area legislators urging their commitment to
complete Highway 20 as a four-lane highway across the State of Iowa.
Suggested Disposition: Receive and File
12.Citizen Communication
Communication from D. Michael O’Meara requesting that the City identify and name city
streets in honor of those war dead of the Vietnam-era conflict.
Suggested Disposition: Receive and File
nd
13.Purchase of Property – 509 East 22 Street
City Manager recommending that the City purchase a residential dwelling located at
nd
509 East 22 Street as part of the acquisition program associated with the Bee Branch
Creek Restoration Project.
RESOLUTION
nd
Approving the acquisition of real estate located at 509 East 22 Street
in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
14.Purchase of Property – 505 Rhomberg Avenue
City Manager recommending that the City purchase a residential dwelling located at
505 Rhomberg Avenue as part of the acquisition program associated with the Bee
3
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 4
Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate located at 505 Rhomberg
Avenue in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
15.Eagle Point Park Concrete Replacement Projects
City Manager recommending acceptance of the Eagle Point Park Concrete
Replacement Projects as completed by Kluck Construction in the final contract amount
of $91,312.75.
RESOLUTION
Accepting improvement
RESOLUTION
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
16.Five Flags Bleacher Replacement Project
City Manager recommending acceptance of the Five Flags Bleacher Replacement
Project as completed by Iowa Direct Equipment and Appraisal L.C. in the final contract
amount of $354,950.
RESOLUTION
Accepting improvement
RESOLUTION
Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
17.Alta Vista/Carlotta Streets Reconstruction Project
City Manager recommending acceptance of the Alta Vista/Carlotta Streets
Reconstruction Project as completed by Portzen Construction, Inc., in the final contract
amount of $802,249.02 and approval of the final schedule of assessments.
RESOLUTION
Accepting the Alta Vista – Carlotta Streets Reconstruction Project
RESOLUTION
Approving final estimate
RESOLUTION
Adopting the final assessment schedule for the Alta Vista – Carlotta
Streets Reconstruction Project including certain information required by the Code of
Iowa, specifically, the number of annual installments into which assessments are
divided, the interest on all unpaid installments, the time when the assessments are
payable and directing the Clerk to certify the final schedule and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolutions
4
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 5
18.Bonson Road Reconstruction Project
City Manager recommending acceptance of the Bonson Road Reconstruction Project
as completed by Horsfield Construction, Inc., in the final contract amount of
$542,647.00 and approval of the final schedule of assessments.
RESOLUTION
Accepting the Bonson Road Reconstruction Project
RESOLUTION
Approving final estimate
RESOLUTION
Adopting the final assessment schedule for the Bonson Road
Reconstruction Project including certain information required by the Code of Iowa,
specifically, the number of annual installments into which assessments are divided, the
interest on all unpaid installments, the time when the assessments are payable and
directing the Clerk to certify the final schedule and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolutions
19.GPS Rover Vehicle Purchase
City Manager recommending approval to purchase a Geographic Position System
(GPS) rover from Eagle Point, Inc. in the amount of $19,920.
Suggested Disposition: Receive and File; Approve
20.Seneca Monitoring Well Installation
City Manager recommending approval of a License Agreement with Seneca
Environmental Services to re-install a monitoring well in the City alley right-of-way east
of 500 Locust Street.
RESOLUTION
Authorizing License Agreement between the City of Dubuque and
Seneca Environmental Services to re-install a monitoring well on public right-of-way in
the area of 500 Locust Street
Suggested Disposition: Receive and File; Adopt Resolution
21.Amendment to First Transit Contract
Communication from Dave Baker requesting that this item be tabled at the February 5,
2007 City Council meeting.
City Manager recommending approval of an amendment to the contract with First
Transit to expand their team in Dubuque from one to two positions to fill the vacant
Transportation Clerk position.
RESOLUTION
Approving the Second Amendment to the Management Agreement
between the City of Dubuque and First Transit
Suggested Disposition: Receive and File; Table to 2/20/07
5
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 6
22.Lease Amendment for “Dubuque by Carriage”
City Manager recommending approval of the Sixth Amendment to the lease agreement
with Carole Lindstrom of “Dubuque by Carriage” to extend the original lease of the
former Dock Board building for an additional two years.
Suggested Disposition: Receive and File; Approve
23.Cottingham and Butler CEBA Agreement
City Manager recommending approval of an amendment to the Community Economic
Betterment Account (CEBA) Agreement with the Iowa Department of Economic
Development and Cottingham and Butler Insurance Service which extends the project
completion date by one year.
RESOLUTION
Authorizing the approval of an amendment to the CEBA Agreement with
Cottingham & Butler Insurance Service
Suggested Disposition: Receive and File; Adopt Resolution
24.Unified Development Code Bluffland Advisory Committee
City Manager recommending City Council confirmation of the addition of
Jim Gonyier, Co-
Director of Transportation and Planning at ECIA (East Central Intergovernmental Association)
to the Unified Development Code Bluffland Advisory Committee.
Suggested Disposition: Receive and File; Approve
25.Shot Tower Archeological Survey
City Manager recommending approval of a Memorandum of Agreement (MOA)
between the National Parks Service (NPS), State Historical Society of Iowa (SHSI), and
the City of Dubuque for the Shot Tower Archeological Investigation.
RESOLUTION
Authorizing a
Memorandum of Agreement with the National Park Service
and the State Historical Society of Iowa for the Shot Tower Archeological Investigation
Suggested Disposition: Receive and File; Adopt Resolution
26.Historic Preservation Commission
Communication from the Historic Preservation Commission recommending approval of
the nomination of the Star Brewery to the National Register of Historic Places.
Suggested Disposition: Receive and File; Approve
6
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 7
27.Legislative Correspondence
Communication to federal legislators urging support efforts to fund an increase in
Health Center funds of at least $181 million.
Communication to the Science and Transportation Committee expressing the City’s
concern over a receive FCC rule which sets severe limitations on local franchising
authorities.
Communication to local legislators regarding Iowa Great Places funding.
Suggested Disposition: Receive and File
28.White Water Creek Bridge Rehabilitation
City Manager recommending approval of an agreement with the State Historical Society
of Iowa (SHSI) for a $55,250 Historic Sites Preservation Grant (HSPG) for rehabilitation
of the White Water Creek Bridge.
RESOLUTION
Aan agreement for the Historic Sites Preservation Grant
uthorizing
Program for the White Water Creek Bridge
Suggested Disposition: Receive and File; Adopt Resolution
29.Water Pollution Control Plant Facility Plan
City Manager recommending approval of the issuance of a Request for Proposals for
the Water Pollution Control Plant Facility Plan.
Suggested Disposition: Receive and File; Approve
30.PEG Access Capital Grant Expenditure
City Manager recommending approval of the recommendation from the Cable TV
Teleprogramming Commission to approve three requests for funding from the Capital
Grant for Access Equipment and Facilities.
Suggested Disposition: Receive and File; Approve
31.Quarterly Investment Report
City Manager submitting the December 31, 2006 Quarterly Investment Report.
Suggested Disposition: Receive and File
32.Substance Abuse Services Center
Diane K. Thomas, Executive Director of Substance Abuse Services Center, submitting
the Second Quarter Report for Fiscal Year 2007.
Suggested Disposition: Receive and File
33.Mediacom Cultural Affairs Charitable Foundation of Dubuque, Inc.
7
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 8
Communication from Kathleen McMullen, Mediacom Area Manager, requesting
appointments to the Mediacom Cultural Affairs Charitable Foundation of Dubuque, Inc.
Suggested Disposition: Receive and File; Refer to City Manager
34.Miller-Riverview Park Expansion
City Manager recommending approval to enter into a service agreement with IIW
Engineers and Surveyors in the amount of $41,007.50 to study expansion of Miller-
Riverview Park.
Suggested Disposition: Receive and File; Approve
35.Governor’s Traffic Safety Grant
City Manager recommending approval to seek an Iowa Governor's Traffic Safety
special grant opportunity in the amount of $24,430, for the period April 1, 2007 through
September 30, 2007 to supply 200 hours of traffic safety reimbursement overtime funds
and to fund the purchase of five in-car video systems.
Suggested Disposition: Receive and File; Approve
36.Asbury Plaza Business Park First Addition
Communication from Wendell W. Corey, Motor City LLC, requesting a one hundred
eighty day (180) extension for the Asbury Plaza Business Park First Addition.
Suggested Disposition: Receive and File; Refer to City Manager
37.Telecommunications Carrier Recommendation
City Manager recommending approval of the selection of Qwest Choice for analog
connections, McLeod for PRI and long distance services, and Lightedge for internet
services.
Suggested Disposition: Receive and File; Approve
38.Historic Preservation Revolving Loan Fund
City Manager recommending approval of the expansion of the Historic Preservation
Revolving Loan Fund to the Old Main Historic District and to individually designated
historic properties that lie outside the City’s historic districts.
Communication from Terry L. Mozena, Premier Bank, requesting that the City Council
approval the expansion of the Historic Preservation Revolving Loan Fund to include the
Old Main Historic District.
Suggested Disposition: Receive and File; Approve
8
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 9
39.Labor-Management Relations Funding
Communication to Governor Chet Culver requesting his support to reinstate efforts to
bring about labor-management cooperation throughout the State of Iowa.
Suggested Disposition: Receive and File
40.Signed Contracts
#1 - Eagle Point Concrete Replacement Project – Change Order
#2 - Door Relocation Project – Second Floor Engineering Offices Contract
#3 - Dubuque Federal Building Rehabilitation Project – Asbestos and Lead Inspection
Contract
#4 - Water Treatment Plant South Plant Chamber Wall Sealant Project
#5 - Water Treatment Plant Pump Room Pipe Painting Project
rd
#6 - Dubuque Industrial Center West 3 Addition – Sanitary Sewer Construction across
Middle Road Contract
Suggested Disposition: Receive and File
41.Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION
Granting the issuance of a Class “C” Beer Permit to Oky Doky #8, Lee’s
76 West Locust Mart, Awn Stop Mart and Hartig Drug
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Tony’s
Place, Bootleggers Pub, Goetz’s, and Pusateri’s; and a Class “B” Wine Permit to Hartig
Drug Company and Oky Doky #8
Suggested Disposition: Receive and File; Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
1.Union Street – Request to Vacate
City Manager recommending that a public hearing be set for February 20, 2007 to
consider a request from David L. Clemens, representing Robert McClain, to vacate and
purchase a portion of Union Street south of Rush Street.
RESOLUTION
Of intent to vacate and dispose of City interest in Lot 209A of Union
Addition in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
2/20/07
9
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 10
2.Eagle Point Park Fee Collector’s Building
City Manager recommending initiation of the public bidding process for the Eagle Point
Park Fee Collector’s Building Project and that a public hearing on adoption of the plans
and specifications be set for March 19, 2007.
RESOLUTION
Preliminary approval of plans and specs
RESOLUTION
Setting date of hearing on plans and specs
RESOLUTION
Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
3/19/07
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions:
Community Development Advisory Commission (Two At-Large terms – terms of Giesen,
Maloy; one Housing Commission Representative term – vacant and one Low/Moderate
Income term all through February 2010)
Applicants:
Paula Maloy, SVM
Plumbing Board (Three 3-year terms through November 2009 – terms of Harris, Papin,
one vacancy; two 3-year terms through November 2008 – terms of Gonner, Willenborg)
Applicants:
Michael Swift, Dan Harris, Harlan Willenborg, Paul Papin, Stanley Gonner
Electrical Code Board (One 3-year term through May 2008 – term of Pregler)
Applicant:
Ronald Mueller
Appointments to the following Boards/Commissions:
Environmental Stewardship Advisory Commission (One 3-year term through October 1,
2010 – term of Suarez)
Applicant:
Joseph Suarez
Housing Code Appeals Board (Two 3-year terms through January 11, 2009 – terms of
Durley and Swift and three 3-year terms through January 11, 2010 – terms of Schaub,
Kinsella and one vacancy)
Applicants:
William J. Kinsella, Jim Matheos, Robert Schaub
Transit Board of Trustees (One 3-year unexpired term through July 30, 2008)
Applicant:
Sarah Davidson
10
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 11
PUBLIC HEARINGS
SUSPEND THE RULES
1.Request to Purchase
Proof of publication on notice of hearing to consider a request from Jason M. Schneider
to vacate and purchase a portion of Kelly Lane between Manson Road and Pego Court
and City Manager recommending approval.
RESOLUTION
Approving plat of proposed vacated portion of Kelly Lane between
Manson Road and Pego Court
RESOLUTION
Vacating a portion of Kelly Lane between Manson Road and Pego Court
RESOLUTION
Disposing of City interest in Lot A and Lot B of Mineral Lot 511 in the
City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
2.Washington Neighborhood Urban Revitalization Area Plan
Proof of publication on notice of hearing to consider adoption of the Washington
Neighborhood Urban Revitalization Area Plan and City Manager recommending
approval.
ORDINANCE
Repealing the existing Washington Neighborhood Urban Revitalization
Area and establishing the Washington Neighborhood Urban Revitalization Area as an
Urban Revitalization Area pursuant to Chapter 404 of the Code of Iowa
Suggested Disposition: Receive and File; Motion B; Motion A
3.Eagle Point Rock Bluff Stabilization Project
Communication from Richard Vorwald regarding the Eagle Point Bluff Scaling and Tree
Removal Project.
Proof of publication on notice of hearing regarding the Eagle Point Rock Bluff
Stabilization Project and City Manager recommending rejection of the one bid received.
RESOLUTION
Rejecting bids for the Eagle Point Rock Bluff Stabilization Project
Suggested Disposition: Receive and File; Adopt Resolutions
11
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 12
4.Reeder and Lois Street Sanitary Sewer Project
Proof of publication on notice of hearing to consider adoption of the plans and
specifications for the Reeder and Lois Street Sanitary Sewer Project and City Manager
recommending award of the contract to WC Stewart Construction, Inc., in the amount of
$42,602.02.
RESOLUTION
Adopting plans and specifications
RESOLUTION
Awarding construction contract for the Reeder and Lois Street Sanitary
Sewer Project
RESOLUTION
Approving construction contract with WC Stewart Construction
Company for the Reeder and Lois Street Sanitary Sewer project
Suggested Disposition: Receive and File; Adopt Resolutions
REINSTATE THE RULES
ACTION ITEMS
1.Stone Cliff Winery Project
Request of Bob and Nan Smith, Stone Cliff Winery, to provide a report on the status of
the Stone Cliff Winery project at the Brewery.
Suggested Disposition: Receive and File
2.American Institute of Architects
Communication from the American Institute of Architects advising that the City’s
application for technical assistance from the American Institute of Architects’
Sustainable Design Assessment Team (SDAT) program has been accepted.
Suggested Disposition: Receive and File
3.Port of Dubuque Public Parking Facility Development Agreement
City Manager recommending approval of the development agreement with Diamond Jo,
LLC for the construction and financing of a public parking ramp in the Port of Dubuque.
RESOLUTION
Accepting the proposal from Diamond Jo, L.L.C. for the financing of the
design, construction, and the cost of on-going operations and maintenance of a public
parking facility in the Greater Downtown Urban Renewal District in the Port Of Dubuque
in the City of Dubuque, Iowa and approving the Port of Dubuque Public Parking Facility
Development Agreement between the City of Dubuque, Iowa and Diamond Jo, L.L.C.
Suggested Disposition: Receive and File; Approve
12
(2/5/2007) Kevin Firnstahl - 2 5 07 Agenda - No Icons.docPage 13
4.Architectural Design Contract for Public Parking Facility in the Port of Dubuque
City Manager recommending approval of the Architectural Design Contract for the
Public Parking Facility in the Port of Dubuque with The Durrant Group, Inc.
Suggested Disposition: Receive and File; Approve
5.Five Year Street Construction Program
City Manager recommending approval of the Five Year (Fiscal Years 2008 – 2012)
Street Construction Program.
RESOLUTION
Adopting the Five Year Street Construction Program for Fiscal Years
2008 - 2012
Suggested Disposition: Receive and File; Adopt Resolution
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) 2005 Code of Iowa
Jeanne F. Schneider
February 1, 2007
13