Minutes_City Council Proceedings 9 8 09 Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on September 8, 2009 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, City Attorney Lindahl
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 was provided by Pastor Rex Raines of New Life Church.
PROCLAMATIONS
Assisted Living Week (September 13 – 19, 2009) was accepted by Sue Lemon, Sunset
Park Place Retirement Community, 3730 Pennsylvania Avenue; 2010 Census Partnership was
accepted by Planning Services Manager Laura Carstens; Shriners Hospitals for Children Day
(September 19, 2009) was accepted by Council Member Ric Jones.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Jones. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 6/23; City
Council of 8/12, 8/17, 8/25 and 8/26; Civil Service Commission of 8/6; Housing Commission of
7/28; Housing Commission Trust Fund Committee of 5/28; Park and Recreation Commission
of 8/11; Zoning Board of Adjustment of 8/27
Proof of publication of City Council Proceedings of August 3 and 12, 2009
Upon motion the documents were received and filed.
Notice of Claims/Suits: Pamela Linn Schmitt for vehicle damage; Patricia and Lyle Galliart
for property damage; David Willging for vehicle damage; John Ottavi for property damage;
Cynthia A. McDermott for personal injury; Andy Rettenmeier for property damage on two
occasions; Evelyn Maddux for personal injury; Molly Freiburger for vehicle damage; Karin
Campbell for vehicle damage. Upon motion the documents were received and filed and
referred to the 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: Andy Rettenmeier for
property damage (two claims); Jacob Schmitz for vehicle damage; Albert Weidenbacher for
vehicle damage; Cynthia A. McDermott for personal injury; Pamela Schmitt for vehicle
damage; David Willging for vehicle damage.
City Attorney recommending settlement of the claim of John Ottavi for property damage.
Upon motion the documents were received, filed and concurred.
Amendment to Collective Bargaining Agreement – Teamsters Local No. 120: City Manager
recommending approval of an amendment to the collective bargaining agreement with
Teamsters Local No. 120 regarding meal reimbursement. Upon motion the documents were
received, filed, and approved.
Plumbing Board: Michael Swift submitting his resignation from the Plumbing Board. Upon
motion the document was received and filed and the resignation accepted.
2009 Justice Assistance Grant (JAG): City Manager recommending approval of the
acceptance of the 2009 Justice Assistance Grant (JAG) in the amount of $87,467.00. Upon
motion the documents were received, filed, and approved.
Civil Service Commission: Civil Service Commission submitting the certified list for the
position of Accountant. Upon motion the documents were received and filed and made a
Matter of Record.
Sign On Letter for Health Care Reform Legislation: City Manager recommending approval of
a sign on letter to the U.S. Conference of Mayors calling on Congress to pass comprehensive
health care reform legislation. Upon motion the document was received, filed, and approved.
City of Dubuque Written Investment Policy: Communication from the Association of Public
Treasurers of the United States and Canada advising that the City’s written investment policy
is one of 21 municipal policies to be certified by the Association this year. Upon motion the
document was received and filed.
Iowa Great Places: Communication from Cyndi Pederson, Iowa Great Places, advising that
the City’s grant application for the Millworking District Streetscape Project has been approved
for a total grant of $150,000. Upon motion the document was received and filed.
Iowa Mississippi River Parkway Commission: John E. Goodmann, Chairman, submitting the
Iowa Mississippi River Parkway Commission 2008 / 2009 annual report. Upon motion the
documents were received and filed.
Letter of Support: City Manager recommending approval of a letter of support to the East
Central Intergovernmental Association grant application to the Iowa Department of Economic
Development to support Prosperity Eastern Iowa. Upon motion the documents were received,
filed, and approved.
Carnegie Stout Public Library: Communication from Mary Wegner, State Librarian, advising
that the Carnegie Stout Public Library has met the conditions for Library Accreditation in the
State of Iowa.
2008 Drain Tile Project: City Manager recommending acceptance of the 2008 Drain Tile
Project (Melrose Terrace, Mineral Street and Deborah Drive), as completed by McDermott
Excavating, in the final contract amounts of $29,390.88 for Melrose Terrace, $23,746.70 for
Mineral Street, and $7,277.11 for Deborah Drive. Upon motion the documents were received
and filed and Resolution No. 303-09 Accepting the 2008 Drain Tile Project (Melrose Terrace)
and authorizing payment of the contract amount to the contractor; Resolution No. 304-09
Accepting the 2008 Drain Tile Project (Mineral Street) and authorizing payment of the contract
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amount to the contractor; and Resolution No. 305-09 Accepting the 2008 Drain Tile Project
(Deborah Drive) and authorizing payment of the contract amount to the contractor were
adopted.
St. Mary’s Street Retaining Wall Reconstruction Project: City Manager recommending
acceptance of St. Mary’s Street Retaining Wall Reconstruction Project as completed by
Tschiggfrie Excavating Company in the final contract amount of $271,428.59. Upon motion the
documents were received and filed and Resolution No. 306-09 Accepting the St. Mary’s Street
Retaining Wall Reconstruction Project and authorizing payment of the contract amount to the
contractor was adopted.
Pine Knoll Subdivision: City Manager recommending acceptance of the sanitary sewer and
watermain improvements that the developer, Kane Development Corp., a/k/a Renaissance
Construction Corp., has recently completed on Lot 1-1-3 St. Mary’s Place (also known as Pine
Knoll Condominiums), with the condition that the City incurs no additional expense with regard
to colored concrete. Upon motion the documents were received and filed and Resolution No.
307-09 Accepting sanitary sewer and watermain improvements in Lot 1-1-3 St. Mary’s Place in
the City of Dubuque, Iowa (also known as Pine Knoll condominiums); Resolution No. 308-09
Accepting a Grant of Easement for sanitary sewer and water main improvements in Lot 1-1-3
St. Mary’s Place in the City of Dubuque were adopted.
Dubuque Industrial Center West – North Siegert Farm: City Manager recommending
acceptance of the sanitary sewer and watermain easements in the Dubuque Industrial Center
West for the extension of said utilities with regard to the development of the North Siegert
Farm. Upon motion the documents were received and filed and Resolution No. 309-09
Accepting a grant of an easement for sanitary sewer through, under and across a part of Lot A
of Westbrook Subdivision in the City of Dubuque and Resolution No. 310-09 Accepting a grant
of an easement for watermain through, under and across a part of Lot 1 of Lot 1 of Dubuque
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Industrial Center West 5 Addition in the City of Dubuque were adopted.
Town Clock Plaza Concrete Repair Project: City Manager recommending acceptance of the
Town Clock Plaza Concrete Repair Project as completed by Eastern Iowa Excavating in the
final contract amount of $13,730.20. Upon motion the documents were received and filed and
Resolution No. 311-09 Accepting the Town Clock Plaza Concrete Repair Project and
authorizing payment of the contract amount to the contractor was adopted.
National Mississippi River Museum and Aquarium River Center, Phase I – Roof
Replacement Project: City Manager recommending acceptance of the National Mississippi
River Museum and Aquarium River Center, Phase I – Roof Replacement Project as completed
by Geisler Brothers Company in the final contract amount of $41,765.00. Upon motion the
documents were received and filed and Resolution No. 312-09 Accepting the National
Mississippi River Museum and Aquarium River Center, Phase I – Roof Replacement Project
and authorizing payment of the contract amount to the contractor was adopted.
Historic Preservation Commission: Historic Preservation Commission recommending that
the Roshek Building is eligible for nomination to the National Register of Historic Places. Upon
motion the documents were received, filed, and concurred.
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2010 Census New Construction Program: City Manager recommending approval of the
appointment of Assistant Planner Guy Hemenway as the liaison for the U.S. Census Bureau’s
2010 Census New Construction Program. Upon motion the documents were received, filed,
and approved.
Preliminary Digitized Flood Insurance Rate Map (DFIRM): City Manager recommending
approval of the transmittal of a letter from Mayor Buol to FEMA requesting revision of proposed
floodplain boundary delineations or regulatory floodway boundaries in the preliminary DFIRM.
Upon motion the documents were received, filed, and approved.
Amendment to Development Agreement – Hotel Julien: City Manager recommending
approval of the First Amendment to the Development Agreement for HJD Landlord, LLC and
JHD Manager, LLC to support their rehabilitation of the Hotel Julien at 200 Main Street. Upon
motion the documents were received and filed and Resolution No. 313-09 Approving the First
Amendment to the HJD Landlord, LLC and HJD Manager, LLC Development Agreement was
adopted.
Hillcrest Family Services: City Manager recommending approval of a Parking License
Agreement with Hillcrest Family Services, Inc. for thirty parking spaces in the Wilbright Lane
parking lot in Flora Park. Upon motion the documents were received, filed, and approved.
Acceptance of EPA Generation Green Grant Agreement: City Manager recommending
acceptance of a Generation Green Grant Agreement with the U.S. Environmental Protection
Agency. Upon motion the documents were received, filed, and approved.
Fiscal Year 2010 Bond Projects: City Manager recommending approval of a Declaration of
Official Intent to reimburse from bond proceeds for prior expenditures made for the Bee Branch
Creek Restoration, Downtown Public Parking Ramp and Water Vacuum Filter Building Back-
up Power Supply capital projects. Upon motion the documents were received and filed and
Resolution No. 314-09 Declaring an official intent under Treasury Regulation 1.150-2 to issue
debt to reimburse the City for certain original expenditures paid in connection with specified
projects was adopted.
Signed Contracts: A) Award Inspection and Engineering Services Contract for West Third
Reservoir to IIW Engineers; B) Parking Ramp Soil Agreement between W.C. Stewart
Construction Company and the City of Dubuque; C) Agreement for Services from Durrant
Group for Grand River Center Projects; D) Eagle Point Park Erosion Control; and E) North
Fork Catfish Creek Water Main Improvements. Upon motion the documents were received and
filed.
Liquor and Tobacco License Applications: City Manager recommending approval of annual
liquor license renewals as submitted. Upon motion the documents were received and filed and
Resolution No. 315-09 Granting the issuance of two renewals permits to sell cigarettes and
cigarette papers to Hiba Petroleum and Walgreen Company; Resolution No. 316-09 Granting
the issuance of a Class “C” Beer Permit to Holy Ghost Church, Eagle Country Market, Sid’s
Beverage and Wal-Mart Supercenter; and Resolution No. 317-09 Granting the issuance of a
Class “C” Beer/Liquor License to Carlos O’Kelly’s, Star Restaurant and Ultra Lounge, Los
Aztecas Mexican Restaurant, Bandana’s Bar-B-Q and Fat Tuesday (1-Day Outdoor Sales); a
Special Class “C” (BW) Liquor License to Tri-State Blind Society; a Class “B” Wine Permit to
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Eagle Country Market, Sid’s Beverage and Wal-Mart Supercenter; a Class “B” (WBN) Native
Wine Permit to Mandolin Inn and Casey’s General Store #2421; and a Special Class “C” (BW)
Liquor License (5-Day Special Event) to Riverview Center (September 18 and 25, 2009) and
Dubuque County Fine Arts Society (September 9, 25, 26 and October 1, 2009) were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 7-0.
40 Main, LLC: City Manager recommending approval of four plats in connection with the
proposed vacating and disposal of a portion of Jones Street and the adjacent alley north of
Jones Street as requested by 40 Main, LLC.
City Manager recommending that a public hearing be set for September 21, 2009 to
consider the vacating of a portion of Jones Street and the adjacent alley north of Jones Street
behind 42, 44 and 48 Main Street.
City Manager recommending that a public hearing be set for September 21, 2009 to
consider disposition of real estate by Real Estate Contract with 40 Main, LLC.
Upon motion the documents were received and filed and Resolution No. 318-09 Approving
plat of Lot 1A of the west half of Block 10 in Dubuque Harbor Company’s Addition; Resolution
No. 319-09 Approving plat of Lot 10A of the west half of Block 1 in Dubuque Harbor
Company’s Addition; Resolution No. 320-09 Approving plat of Lot 12A of the west half of Block
1 in Dubuque Harbor Company’s Addition; Resolution No. 321-09 Approving plat of Lot 17A of
the west half of Block 1 in Dubuque Harbor Company’s Addition; Resolution No. 322-09
Resolution of intent to vacate Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of
Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in
the City of Dubuque, Dubuque County, Iowa; and Resolution No. 323-09 Resolution of intent to
dispose of the City’s interest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half
of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition
in the City of Dubuque, Dubuque County, Iowa, were adopted setting the public hearings for a
meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building.
West End Commercial Subdivision: City Manager recommending that a public hearing be
set for September 21, 2009 to consider a request from Tschiggfrie Excavating Company to
vacate and dispose of the final plat of West End Commercial Subdivision. Upon motion the
documents were received and filed and Resolution No. 324-09 Resolution of intent to vacate
the final plat of West End Commercial Subdivision and dispose of City interest in Lot A and Lot
B in West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa, was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21,
2009 in the Historic Federal Building.
Amended and Restated Greater Downtown Urban Renewal District: City Manager
recommending that a public hearing be set for October 5, 2009 to consider a Resolution of
Necessity for the Amended and Restated Greater Downtown Urban Renewal District. Upon
motion the documents were received and filed and Resolution No. 325-09 Resolution of
necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District
meet the definition of a blighted area under the Urban Renewal Law, and that development of
said areas is necessary in the interest of the residents of the City of Dubuque, Iowa, was
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adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 2009
in the Historic Federal Building.
Fiscal Year 2010 First Budget Amendment: City Manager recommending that a public
hearing be set for September 21, 2009 to consider approval of the first amendment to the
Fiscal Year 2010 budget. Upon motion the documents were received and filed and Resolution
No. 326-09 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year
2010 budget for the City of Dubuque was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building.
General Obligation Bonds: City Manager recommending that a public hearing be set for
September 21, 2009 to consider approval of the issuance of not to exceed $3,000,000 General
Obligation Bonds to be used for various projects. Upon motion the documents were received
and filed and Resolution No. 327-09 Fixing date for a meeting on the proposition of the
issuance of not to exceed $3,000,000 General Obligation Bonds, Series 2009 (for essential
corporate purposes) of the City of Dubuque, Iowa, and providing for publication of notice
thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
September 21, 2009 in the Historic Federal Building.
General Obligation Urban Renewal Bonds: City Manager recommending that a public
hearing be set for September 21 2009 to consider approval of the issuance of not to exceed
$13,500,000 General Obligation Urban Renewal Bonds for costs associated with the
construction of a multi-story public parking ramp located at 5th and Bluff Streets, and the
construction of street, sewer, sidewalk, trail and other public infrastructure improvements within
Dubuque Industrial Center West. Upon motion the documents were received and filed and
Resolution No. 328-09 Fixing date for a meeting on the proposition of the issuance of not to
exceed $13,500,000 General Obligation Urban Renewal Bonds, Series 2009 of the City of
Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic
Federal Building.
General Obligation Refunding Bonds: City Manager recommending that a public hearing be
set for September 21, 2009 to consider approval of the issuance of not to exceed $9,500,000
General Obligation Refunding Bonds to pay costs of refunding and refinancing of certain City
indebtedness. Upon motion the documents were received and filed and Resolution No. 329-09
Fixing date for a meeting on the proposition of the issuance of not to exceed $9,500,000
General Obligation Refunding Bonds, Series 2009 (for an essential corporate purpose) of the
City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic
Federal Building.
Port of Dubuque Parking Ramp Concrete Crack Repair Project: City Manager
recommending initiation of the bidding process for the Port of Dubuque Parking Ramp
Concrete Crack Repair Project and further recommends that a public hearing be set for
September 21, 2009. Upon motion the documents were received and filed and Resolution No.
330-09 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 Port of Dubuque Parking ramp Concrete Crack
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Repair Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on September 21, 2009 in the Historic Federal Building.
Heeb Street Retaining Wall Reconstruction Project: City Manager recommending initiation
of the bidding process for the Heeb Street Retaining Wall Reconstruction Project and further
recommends that a public hearing be set for September 21, 2009. Upon motion the documents
were received and filed and Resolution No. 331-09 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 Heeb Street Retaining Wall Reconstruction Project was adopted setting a public hearing
for a meeting to commence at 6:30 p.m. on September 21, 2009 in the Historic Federal
Building.
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Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project: City Manager
recommending initiation of the bidding process for the Traffic Signal Mastarm Retrofit – Central
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Avenue at 5 and 7 Streets Project and further recommends that a public hearing be set for
September 21, 2009. Upon motion the documents were received and filed and Resolution No.
332-09 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 Traffic Signal Mastarm Retrofit – Central
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Avenue at 5 and 7 Streets Project was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on September 21, 2009 in the Historic Federal Building.
Salt Dome Conveyor Project: City Manager recommending initiation of the bidding process
for the Salt Dome Conveyor Project and further recommends that a public hearing be set for
September 21, 2009. Upon motion the documents were received and filed and Resolution No.
333-09 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 Salt Dome Conveyor Project was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2009 in the
Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Board/Commission: Environmental Stewardship Advisory Commission. One 3-year
term through October 1, 2012 (Term of Gayle (Gross) Walter). Applicant: Gayle (Gross)
Walter, 1650 Alicia Street.
Appointments to the following Boards/Commissions:
Airport Commission. Two 4-year terms through September 14, 2013 (Terms of Brotherton
and Santillo). Applicants: Douglas Brotherton, 2823 Hickory Hill Street; and Michael Santillo,
2929 Kristen Court. Motion by Braig to appoint Douglas Brotherton and Michael Santillo to the
Airport Commission for 4-year terms through September 14, 2013. Seconded by Connors.
Motion carried 7-0.
Housing Trust Fund Advisory Committee: One 3-year term through September 8, 2012 (At-
Large term of Hingtgen). Requires experience in real estate, banking, finance, accounting,
fund management or other related areas of expertise. Applicant: Doris Hingtgen, 309 Hill
Street. Motion by Lynch to appoint Doris Hingtgen to the Housing Trust Fund Advisory
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Committee for a 3-year term through September 8, 2012. Seconded by Connors. Motion
carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Storm Water Utility Revenue Capital Loan Notes: Proof of publication on notice of public
hearing to consider the issuance of not to exceed $1,000,000 Storm Water Utility Revenue
Capital Loan Notes and City Manager recommending approval. Motion by Jones to receive
and file the documents and adopt Resolution No. 334-09 Instituting proceedings to take
additional action for the authorization of a Loan and Disbursement Agreement and the
issuance of not to exceed $1,000,000 Storm Water Utility Revenue Capital Loan Notes.
Seconded by Connors. Motion carried 7-0.
2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project: Proof of publication on notice of
public hearing to consider the plans, specifications, form of contract and estimated cost for the
2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 335-
09 Approving plans, specifications, form of contract, and estimated cost; setting date of public
hearing on plans, specifications, form of contract, and estimated cost for the 2009 Sewer
Cured-in-Place Pipe (CIPP) Lining Project. Seconded by Voetberg. City Engineer Gus
Psihoyos provided an explanation of the project. Motion carried 7-0.
Upon motion the rules were suspended limited discussion to the City Council.
ACTION ITEMS
Proudly Accessible Dubuque: Katrina Wilberding to present certificates to the City for the
designation of City Hall, City Hall Annex and Historic Federal Building as Proudly Accessible
Dubuque buildings. Motion by Connors to receive and file the documents. Seconded by
Voetberg. Katrina Wilberding, 3715 Asbury Road, provided an overview of the history and
goals of Proudly Accessible Dubuque and presented certificates for City Hall, City Hall Annex,
and the Historic Federal Building for achieving the status of a Proudly Accessible business.
Motion carried 7-0.
Request to Address the City Council: Request of Kathy Bitter, 1460 Miller Road, requesting
to address the City Council regarding three issues. Motion by Lynch to receive and file.
Seconded by Resnick. Ms. Bitter addressed the City Council regarding a water connection,
street repair, and installation of a guard rail on Miller Road. Motion carried 7-0.
Dubuque County Historical Society / National Mississippi River Museum and Aquarium:
Request of Jerry Enzler, Executive Director, requesting on behalf of the Board of Directors of
the Dubuque County Historical Society, to lease land along the north shore of the Ice Harbor
between the existing National Mississippi River Museum and Aquarium and the Great River
Center. Motion by Jones to receive and file and refer to the City Manager. Seconded by
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Connors. Mr. Enzler, 350 E. 3 Street, addressed the City Council and explained the request.
Motion carried 7-0.
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Census 2010 Complete Count Committee: City Manager recommending approval of the
formation of the Census 2010 Complete Count Committee, designation of the Mayor or
appointment of a City Council Member as the Complete Count Committee Chair, and authorize
staff to submit Census 2010 Partnership Agreement forms for both the City of Dubuque and
the Complete Count Committee. Motion by Connors to receive and file the documents, adopt
Affirming the City of Dubuque’s support of and partnership with
Resolution No. 336-09
the 2010 Census and appoint Mayor Buol as representative. Seconded by Lynch.
Motion carried 7-0.
Sidewalk Ordinance: City Manager recommending approval of an amendment to the City of
Dubuque Code of Ordinances, Title 10, Public Ways and Property, Chapter 10-1-2, Sidewalk
Installation and Repair, to clarify the criteria for required sidewalk installation.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 44-09 Amending Title
10, Public Ways and Property, of the City of Dubuque Code of Ordinances by repealing
Chapter 10-1-2, Sidewalk Installation and Repair, and adopting a new Chapter 10-1-2.
Seconded by Connors. Motion carried 7-0.
Smoke Detection Ordinance: City Manager recommending approval of an ordinance
provision related to smoke detection which was inadvertently left out of the most recent Code
of Ordinance update from Sterling Codifiers.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Voetberg. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 45-09 Amending the
City of Dubuque Code of Ordinances Section 6-9-6 Smoke Detection by adding a new
provision which requires smoke detectors be installed during substantial reconstruction or
remodeling of a building which has both commercial and residential uses. Seconded by
Voetberg. Motion carried 7-0.
Eagle Point Water Plant Vacuum Filter Project: City Manager recommending award of the
public improvement contract for the Eagle Point Water Plant Vacuum Filter Project to Morse
Electric, Inc., in the amount of $64,410.00. Motion by Lynch to receive and file the documents
and adopt Resolution No. 337-09 Awarding contract for the Eagle Point Water Plant Vacuum
Filter Project. Seconded by Jones. Motion carried 7-0.
Miller Road Water Main Extension Project: City Manager recommending award of the public
improvement contract for the Miller Road Water Main Extension Project to McClain Excavating
in the amount of $109,505.50. Motion by Lynch to receive and file the documents and adopt
Resolution No. 338-09 Awarding contract for the Miller Road Water Main Extension Project.
Seconded by Resnick. Motion carried 7-0.
Highway 151 / 61 South Water Main Extension Project: City Manager recommending award
of the public improvement contract for the Highway 151 / 61 South Water Main Extension
Project to McClain Excavating in the amount of $115,908.45. Motion by Connors to receive
and file the documents and adopt Resolution No. 339-09 Awarding contract for the Highway
151 / 61 South Water Main Extension Project. Seconded by Voetberg. Motion carried 7-0.
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COUNCIL MEMBER REPORTS
City Council Member Connors discussed the recent violence which occurred in the
Washington Street Neighborhood and the need to quickly address the problem and seek
solutions. Consensus was reached in directing the City Manager and City Staff to put together
criteria for the formation of a task force similar to the “Gangs, Drugs and Youth Violence” task
force from several years ago. It was further directed that the task force should include City
staff, community leaders and neighborhood representatives.
CLOSED SESSION
Motion by Jones at 7:37 p.m. to go into closed session regarding pending Litigation and
Property Acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by
Voetberg. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 8:32 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:33 p.m.
/s/Jeanne F Schneider, CMC
City Clerk
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