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CITY COUNCIL REGULAR SESSION, OCTO ER 5, 2009
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
PRESENT: MAYOR BUOL, COUNCIL MEMBERS
RES N~'~~, V®ETI~E RG
RAIG, CONNORS, JON' S, LYNCH,
X
CITY MANAGER VAN MILLIGEN; CITY ATTORNEY-'LINDAHL
ABSENT:
G
V
eryl
f,,~
r
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: Reverend Thomas Young, Westminster Presbyterian Church
PROCLAMATIONS
Save for Retirement Week (October 18 - 24, 2009) ~ .~%~-~'~
~: ~, :~
Make a Will Month (October, 2009) 'r~~',~~~;~ ~ rt ,~,.~,=P ~ ,~, t4~, ~`~ ~= ~ ~~,~,~ ~" ~-''j
Niemann-Pick Disease Awareness Month (October, 2009) 'r:~;f : ~~ ~ ~%~~~,' ~ --~
{ ,
r
Trick-or-Treat Night (October 31, 2009)
~& ,~
Dubuque Bank & Trust Appreciation _ ~ ~ ~` `, ~ -`,',~~'-1°°~''~r` ; f ''J
~._-+'
2
,~
C®iVSERlT I°fEMS ,;
~;
eyes Nays
~`, Connors
n` ~ ~~ Jones
3 ~ Lynch
Resnick
~`` Voetberg
~'~ ~'`,Braig
~~ Buol
1. Minutes and Reports Submitted
Airport Commission of 8/24; City Council of 9/17, 21, and 23; Historic Preservation
Commission of 9/17; Housing Code Appeals Board of 7/21; Library Board of Trustees of
7/23; Long Range Planning Advisory Commission of 9/16; Transit Board of 9/10
Proofs of publication of City Council Proceedings of September 8 and 17, 2009
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Mark Hoppmann II for vehicle damage; Tim O'Mara 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: Progressive
Classic Insurance for vehicle damage; Joe Frederick for vehicle damage; Barbara
Frandsen for personal injury; Tim O'Mara for vehicle damage; Mark Hoppmann for
vehicle damage
Suggested Disposition: Receive and File; Concur
3. Project hIOP
Communication from Alyssa Hauser, Project HOPE Coordinator, regarding youth
employment opportunities.
Suggested Disposition: Receive and- File
3
4. Traffic Signal Mastarm Retrofit Project, Central Avenue at 5t" and 7th Streets
City Manager recommending award of the contract for the Traffic Signal Mastarm
Retrofit Project, Central Avenue at 5t" and 7t" Streets to AEG Electric in the amount of
$140,735.88.
RESOLUTION Awarding public improvement contract for the Traffic
Signal Mastarm Retrofit Project, Central Avenue at 5t" and 7t" Streets
Suggested Disposition: Receive and File; Adopt Resolution
5. Heeb Street Retaining Wall Reconstruction Project
City Manager recommending award of the contract for the Heeb Street Retaining Wall
Reconstruction Project to Drew Cook & Sons Excavating, Inc. in the amount of
$98,567.00.
~~
RESOLUTION ~ ~ ~' r ~ Awarding public improvement contract for the Heeb
Street Retaining Wall Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution
6. Dubuque Industrial Center West -Chavenelle Court 2008 Project
City Manager recommending acceptance of the construction contract for the Dubuque
Industrial Center West -Chavenelle Court 2008 Project as completed by Horsfield
Construction, Inc., in the final contract amount of $639,822.45.
RESOLUTION V.":-'`:~~' Accepting the Dubuque Industrial Center West -
Chavenelle Court 2008 Project and authorizing payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution
7. University Avenue Extension Project
City Manager recommending acceptance of the construction contract for the University
Avenue Extension Project as completed by Horsfield Construction, Inc., in the final
contract amount of $890,833.71.
RESOLUTION `~ , ~''~'~° Accepting the University Avenue Extension Project
and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
4
~. 2009 Community Development 131ock Grant (CDEG) Ramp Installation Project
City Manager recommending acceptance of the construction contract for the 2009
Community Development Block Grant (CDBG) Ramp Installation Project as completed
by Skyline Trucking & Storage Construction, Inc., in the final contract amount of
$19, 096.04.
RESOLUTION '=:~',~`" Accepting the 2009 Community Development Block
Grant (CDBG) Ramp Installation Project and authorizing payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
9. Plat Approval - McEvoy and Curtis Streets
City Manager recommending approval of the plats of Lots A and D of Bonson and
Stewart's Subdivision.
-i
RESOLUTION ~ ~ Approving Lot A of Bonson and Stewart's Subdivision
RESOLUTION '° _`~" ~ ~ Approving Lot D of Bonson and Stewart's Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
10. Irrevocable License -Security Investments, LLC and the Grand Opera House
City Manager recommending approval of the Irrevocable Licenses for Security
Investments, LLC and the Grand Opera House to encroach on the public alleyway
between Main and Iowa, 8t" and 9t" Streets.
Suggested Disposition: Receive and File; Approve
Ayes Nays
C®nn®rs
J®nes
Lyncn
Resnick
Voetberg
Eraig
Euol
5
11. ~C Cathedral Development, LLC - rownfield/Grayfield Redevelopment Tax
Credit Application
City Manager recommending approval of the submission of a Brownfield/Grayfield
Redevelopment Tax Credit Application to the Iowa Department of Economic
Development on behalf of B&C Cathedral Development, LLC for redevelopment of the
former St. Raphael's School on Bluff Street.
RESOLUTION ~x.~4~ ~ Approving aBrownfield/Grayfield Redevelopment Tax
Credit Application to the Iowa Department of Economic Development on behalf of B&C
Cathedral Development, LLC
Suggested Disposition: Receive and File; Adopt Resolution
12. Caradco Building, LLLP -Brownfield/Grayfield Redevelopment Tax Credit
Application
City Manager recommending approval of the submission of a Brownfield/Grayfield
Redevelopment Tax Credit Application to the Iowa Department of Economic
Development on behalf of Caradco Building, LLLP for redevelopment of the former Carr,
Adams, and Ryder Company building at 900 Jackson Street.
n
RESOLUTION a :r; '` Approving aBrownfield/Grayfield Redevelopment Tax
~~
Credit Application to the Iowa Department of Economic Development on behalf of
Caradco Building, LLLP
Suggested Disposition: Receive and File; Adopt Resolution
13. Sustainable Neighborhood Builders, Inc. -Brownfield/Grayfield Redevelopment
Tax Credit application
City Manager recommending approval of the submission of a Brownfield/Grayfield
Redevelopment Tax Credit Application to the Iowa Department of Economic
Development on behalf of Sustainable Neighborhood Builders, Inc. for redevelopment of
the historic millwork building located at 1079 Elm Street.
_~ ~, ~ ...
RESOLUTION N.R. ~~ - ' Approving aBrownfield/Grayfield Redevelopment Tax
Credit Application to the Iowa Department of Economic Development on behalf of
Sustainable Neighborhood Builders, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Buol
6
1 Alcohol Compliance -Civil Penalty for Alcohol License Holders
City Manager recommending acceptance and approval of the Acknowledgement/
Settlement Agreements for a first offense alcohol compliance violation for West
Dubuque Tap, 1701 Asbury Road; Cue Master's Billiards, 900 Central Avenue; Bowling
and Beyond, 1860 Hawthorne; Jumper's Sports Bar & Grill, 2600 Dodge Street; and
Downtown Eagle, Inc., 1800 Elm Street.
Suggested Disposition: Receive and File; Approve
15. Citizen Communication -Crime Task Force
Communication from Terry L. Mozena submitting a list of items for consideration by the
Crime Task Force.
Suggested Disposition: Receive and File
'16. Dubuque Water Trail Grant Application
City Manager recommending approval of a grant application to the Iowa Department of
Natural Resources (IDNR) for the Dubuque Water Trail Project.
RESOLUTION ~'`~`~`~` Approving the submittal of an application for Iowa Water
Trail Funding to the Iowa Department of Natural Resources for the Dubuque Water Trail
Suggested Disposition: Receive and File; Adopt Resolution
17. Request for Proposals (RFP) - IVlines of Spain Interpretive Exhibit and Education
Program
City Manager recommending approval of the issuance of a Request for Proposals
(RFP) for an exhibit designer for the Mines of Spain Interpretive Exhibit and Education
Program.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Eraig
Euol
7
1 ~. Water Resources Coordinating Council (WRCC)
City Manager recommending approval of the City's position statement on Water
Resources Coordinating Council recommendations as required by HF 756.
Suggested Disposition: Receive and File; Approve
19. Iowa Great Places Grant
City Manager advising that the City has been awarded $150,000 from Iowa Great
Places Funding to aid in the completion of the streetscape and public space
improvements in the Historic Millworking District.
Suggested Disposition: Receive and File
20. Purchase of Property - 1699 Washington Street
City Manager recommending approval of the purchase of a foreclosed home located at
1699 Washington Street.
p._ ... :,
RESOLUTION ~°"`'r Approving the acquisition of real estate located at
1699 Washington Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
21. Water IVleter Change Out Project -Request for Proposals
City Manager recommending approval to release the Request for Proposals for the
Water Meter Change Out Project.
Suggested Disposition: Receive and File; Approve
22. Workers' Compensation Administrative Services Agreement ®Alternative Services
Concepts
City Manager recommending approval of the Workers' Compensation Administrative
Services Agreement with Alternative Services Concepts.
Suggested Disposition: Receive and File; Approve
8
23. Illinois Department of Transpo tion
Notice from the Illinois Department of Transportation (IDOT) that they will be sponsoring
a public meeting to seek input concerning the Environmental Assessment (EA) of the
proposed alternatives for new inter-city passenger rail transportation service from
Chicago to Dubuque.
Suggested Disposition: Receive and File
24. Government Finance Officers Association
Communication from the Government Finance Officers Association advising that Budget
Director Jennifer Larson has received the Distinguished Budget Presentation Award.
Suggested Disposition: Receive and File
25. Signed Contracts
Contract with IIW Engineers for the EB Lyons Nature Center Expansion Project.
Change Order #1 for the Trail at the Bergfeld Recreation Area Project.
Contract for services with The Powers of Communication related to the Census 2010
community outreach campaign.
Contract with McDermott Excavating for the detention basin maintenance of Theisen's
Pond.
Contract with McDermott Excavating for the detention basin maintenance of the
Bergfeld and Seippel Ponds.
Award of the contract for the Foye Street Curb and Gutter, Sidewalk Replacement
Project.
Award of the contract for the Ramona Street and Pamela Court Panel Replacement
Project.
Suggested Disposition: Receive and File
9
26. Business License Refund
Request of Russell and Cheri Masartis for a refund in the amount of $422.50 for the
Club Sublime beer and liquor license.
Suggested ®isposition: Receive and File; Approve Refund
27. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
~~-
RESOLUTION ~ ~~ Granting the issuance of a Class "C" Beer Permit to
Target Store and Aldi #30
RESOLUTION ~~~~xf=°°~-' Granting the issuance of a Class "C" Beer/Liquor
License to Dog House Lounge, Denny's Lux Club and The District; Special Class "C"
Liquor License to Cafe Manna Java; Class "B" Wine Permit to Target Store and Aldi
#30; and a Class "WBN" Native Wine to Solon Langworthy House
Suggested ®isposition: Receive and File; Adopt Resolutions
Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Braig
uol
10
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
ayes Nays
~~ Connors
' Jones
,.
` ~~~Lynch
~ ~~ Resnick
~'~ ~ :` Voetberg
Braig
Buol
d'
1. MYLA Company, LLC
City Manager recommending that a public hearing be set for October 19, 2009 to
consider a proposed lease between MYLA Company, LLC for the placement of a sign
for the businesses in the new building at 3338 Center Grove Drive.
RESOLUTION ~ ~~ s Pp Of intent to dispose of an interest in public right-of-way
owned by the City of Dubuque by lease between the City of Dubuque, Iowa and MYLA
Company, LLC
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/19/09
2. Blanche Avenue -Request to Vacate
City Manager recommending that a public hearing be set for October 19, 2009 to
consider a request from David W. Leifker Law Offices, representing Raymond E.
Tarkett, for the vacating of an alley adjacent to 765 Blanche Avenue.
RESOLUTION 1E'~-~, Of intent to vacate and dispose of City interest in Lot
112-A in Maple Leaf Addition in the City of Dubuque, Dubuque County, Iowa
a,
RESOLUTION ~ ,. `` Approving plat of a proposed vacated alley abutting Lots
81 through 86 and Lots 112 through 117 all in Maple Leaf Addition in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/19/09
11
3
North Fork Catfish Creek Stormwater and Sani ry Sewer Reconstruction Project
® Phase III
City Manager recommending initiation of the bidding process for the North Fork Catfish
Creek Stormwater and Sanitary Sewer Reconstruction Project -Phase III and that a
public hearing be set for October 19, 2009.
RESOLUTION ~y~?'`~~ 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 Stormwater and Sanitary Sewer Reconstruction Project -
Phase III
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
10/19/09
12
®A~®~iC®~~i~~s®~s
Appointments to the following Commission:
Historic Preservation Cornrnission
One 3-year term through July 1, 2011 - Langworthy Historic District (Interim Term of Licht)
Applicant:
David Klavitter, 1090 West 3rd Street -Qualifies for Langworthy Resident Commissioner
Ayes Nays
,~`~ Connors
_~` ~ Jones
~y ~ ,,~---Lynch
1r,. ~`esnick
r' Voetberg
.~"~ ~Braig
~ Buol
13
PUBLIC FIEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish to
speak to is being considered.
SUSPEND TH RULES
Ay s Nays
~~ F ! Connors
~`~ ' Jones
~' ~ ~° Lynch
~,.
~`~- Resnick
` Voetberg
F
~`` Braig ~ ~3-~
F' Buol "i
1. Dubuque Ice and Recreation Center, Inc. (DICE) -Development Agreement and
Lease Agreement
Proof of publication on notice of public hearing to consider a Development Agreement
between the City of Dubuque, Dubuque Ice and Recreation Center, Inc., Dubuque
Racing Association, Ltd., and Battlefield Dubuque, LLC and a Lease Agreement
between the City of Dubuque and Dubuque Ice and Recreation Center, Inc. and City
Manager recommending approval.
City Manager recommending approval of an amendment to the SMG Management
Agreement for the Five Flags Center which would allow them to compete for the same
type of events that can be held at the Grand River Center; however, the non-compete
clause for the Five Flags Civic Center Management contract with SMG related to
political events would continue.
RESOLUTION ~~' 6~"~¢~ Disposing of an interest in real property by
Development Agreement between and among Dubuque Ice & Recreation Center, Inc.,
Dubuque Racing Association, and Battlefield Dubuque, LLC and Lease Agreement with
Dubuque Community Ice and Recreation Center, Inc.
RESOLUTION . = ~ d: =~ °' Approving the Second Amendment to the Management
Agreement between the City of Dubuque, Iowa and SMG
Suggested Disposition: Receive and File; Adopt Resolutions
14
ayes gays
°" ~ Connors
`` Jones
~~± glLynch
~ Resnick
„~~ _ Voetberg
Braig
Buol
Ayes Nays
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Buol
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15
2. Amended and Restated Greater Downtown Urban Renewal District
Proof of publication on notice of public hearing to consider a Resolution of Necessity for
the Amended and Restated Greater Downtown Urban Renewal District and City
Manager recommending approval.
RESOLU710N . ~ ~ ~~ Approving the Amended and Restated Urban Renewal
Plan for the Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution
Aye Nays
~~' -Connors
~= ~.~
~` Jones
~'~ Lynch
,~ Resnick
~~ ~ ~ Voetberg
,~ ~`Braig
~>` Buol
16
3. McEvoy Street ®Alley Vacate
Proof of publication on notice of public hearing to consider a request from Laura Skelton
for the vacation and disposal of an alley adjacent to 35 McEvoy Street and City
Manager recommending approval.
RESOLUTION ~~w ~ Approving plat of proposed vacated alley adjacent to 35
McEvoy Street
RESOLUTION .~ ~fi~--il~ Vacating Lot B and Lot I of Bonson and Stewart's
Subdivision in the City of Dubuque, Dubuque County, Iowa
RESOLUTION ~.`=~E~~ Disposing of City interest in Lot B and Lot 1 of Ronson
and Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Connors
..Jones
ynch
~' Resnick
~~ ~:~ Voetberg
~~' Braig
~` Buol
~'
4. 2009 Cured-in-Place (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 Cured-in-Place (CIPP) Lining Project
and City Manager recommending approval.
~~ r
RESOLUTION ~~°`~ :~`~ Approving plans, specifications, form of contract, and
estimated cost for the 2009 Sewer Cured-in-Place Pipe (CIPP) Lining Project
Suggested Disposition: Receive and File; Adopt Resolution
' ?1
i ~;
.~ , , Aye,S"`~
" ~~r ,. {__ Connors
'i,~ `~' Jones
~ ~~lLynch
~° ~~1 ~ Resnick
r . ~,° I e ~z t .~~` Voetberg
E ~ . ' Braig
`~- ~""`' Buol
Nays
17
R INSTATE THE RULES
This action limits discussion to the City Council.
Aye~4 Nays
.~'`~; ~ onnors
~" ,- ,,Jones
~'~ - Lynch
.~°'~ Resnick ~'
~'' Voetberg ~,t ,' ~ f'
,~' Braig
uol
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. Advertisement for Sale of Bonds
City Manager recommending the sale of $2,935,000 General Obligation Bonds, Series
2009A, $11,175,000 General Obligation Urban Renewal Bonds, Series 20096 and
$9,500,000 General Obligation Refunding Bonds, Series 2009C.
RESOLUTION ;~ Directing the sale of General Obligation Bonds, Series
2009A,
RESOLUTION ~ ~~~ Directing the sale of General Obligation Urban Renewal
Bonds, Series 20096
RESOLUTION ~~~G~~~1 Directing the sale of General Obligation Refunding Bonds,
Series 2009C
RESOLUTION f~~?f Authorizing the redemption of outstanding General
Obligation Bonds, Series 2001, dated December 15, 2001, and the General Obligation
Bonds, Series 2002, dated December 15, 2001 of the City of Dubuque, Iowa and
directing notice of redemption
Suggested ®isposition: Receive and File; Adopt Resolutions
ayes Nays
~- Connors
' ' Jones
Lynch
f ,-~ esnick
F ~~Voetberg
~' ,. Braig
,'~ Buol
~' /
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;:.
18
Wes ide Arteria! ®evelornent, LLC
Communication from Brian J. Kane, representing Westside Arterial Development, LLC,
requesting that the City vacate and abandon a temporary roadway easement at the end
of Millstone Drive.
Communication from Steven J. and Jennifer A. Mai requesting that the temporary
roadway easement at the end of Millstone Drive be maintained as a cul-de-sac.
Suggested ®isposition: Receive and File; Refer to the City Manager
~4yes Nays
~`
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ayes Nays
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19
,°°
3. lJnified Development Code (First Reading on September 21, 2009)
City Manager transmitting additional information in response to issues raised by the City
Council during the September 21, 2009 public hearing on the Unified Development
Code and recommending that the various options for Item 2 -park land dedication
versus donation be referred to the Zoning Advisory Commission for their consideration.
ORDINANCE Establishing Title 16, Unified Development Code for the City of Dubuque,
Iowa, in accordance with the provisions of the Code of Iowa and for the repeal of all
ordinances in conflict herewith
Suggested Disposition: Receive and File; Motion B; Motion A
fi\ ?
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4. Port of Dubuque Parking Ramp Concrete Crack Repair Project (Tabled on
September 23, 2009)
City Manager recommending award of the public improvement contract for the Port of
Dubuque Parking Ramp Concrete Crack Repair Project to Ram Construction Services
of Minnesota LLC., in the amount of $213,900.00.
RESOLUTION ~~~ Awarding public improvement contract for the Port of
Dubuque Parking Ramp Concrete Crack Repair Project
Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution
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5.
Task Force Appointments
Material for this agenda item will be delivered on Friday, October 2, 2009.
Ayes.
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.{Jones
t~~``' Lynch
.~` Resnick
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. ~~` Braig
Buol
Nays
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Suggested Disposition: Receive and File; Council
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C®UNCIL NIEIl~ R REP®T
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.
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Motion to adjourn at
Ay~~ Nays
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