5 17 10 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF
5/17/10
CONNORS
JONES
LYNCH
RESNICK
VOETBERG
BRAIG
BUOL
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MAY 17, 2010
PLEDGE OF ALLEGIANCE
INVOCATION
Deacon Tom Lang, Archdiocese of Dubuque
RECOGNITION
Police Lieutenant John Digman
Police Lieutenant David Haupert
PROCLAMATIONS
Relay for Life Days (June 4 and 5, 2010)
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
Cable TV Teleprogramming Commission of 4/6; City Council of 4/28 and 5/3;
Community Development Advisory Commission of 4/21; Human Rights Commission of
4/12; Investment Oversight Advisory Commission of 4/28; Mechanical Board of 5/5;
Park and Recreation Commission of 4/20; Zoning Advisory Commission of 5/5; Zoning
Board of Adjustment of 4/22
Substance Abuse Services Center Third Quarter Report for Fiscal Year 2010
Proofs of publication of City Council Proceedings of April 19 and 28, 2010 and List of
Claims and Summary of Revenues for month ended March 31, 2010
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Investment Oversight Advisory Commission’s 68 Quarterly Report
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Antonio J. Mouzon 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: Coralita
Shumaker for vehicle damage; Christopher Lange for property damage; Aaron Young
for property damage; Antonio J. Mouzon for vehicle damage
Suggested Disposition: Receive and File; Concur
3. City Development Board
Notice of motion to amend application and notice of continued public hearing in the
matter of the City of Asbury voluntary annexation including non-consenting owners
within the urban area of the City of Dubuque.
Suggested Disposition: Receive and File
4. Kephart Building Renovation Project
City Manager recommending acceptance of the Kephart Building Renovation Project as
completed by Klauer Construction in the final contract amount of $710,273.51.
RESOLUTION
Accepting Kephart Building Improvement Project and authorizing the
payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
5. Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements – Phase II
City Manager recommending acceptance of the Pennsylvania Avenue from IA 32 to
Vizaleea Drive Safety Improvements – Phase II Project as completed by McDermott
Excavating in the final contract amount of $300,595.16.
RESOLUTION
Accepting the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety
Improvements – Phase II Project and authorizing the payment of the contract amount to
the contractor
Suggested Disposition: Receive and File; Adopt Resolution
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6. Asbury Road and IA 32 Traffic Signal and Grading Project
City Manager recommending award of the contract for the Asbury Road and IA 32
Traffic Signal and Grading Project to McDermott Excavating in the amount of
$316,462.55, which is 33.08% under the engineer’s estimate.
RESOLUTION
Awarding public improvement contract for the Asbury Road and IA 32
Traffic Signal and Grading Project – Iowa DOT Project No. TSF-32-1(28)-92-31
Suggested Disposition: Receive and File; Adopt Resolution
7. Serenity Ridge Subdivision
City Manager recommending that the Intersection Agreement between the City of
Dubuque and developer John Herrig for the proposed intersection of Plaza Drive and
Derby Grange Road be rescinded.
RESOLUTION
Rescinding the approval of the agreement between the City of Dubuque
and John W. Herrig and Sally Jo Herrig relating to the intersection project for Serenity
Ridge Subdivision at Plaza Drive and Derby Grange Road
Suggested Disposition: Receive and File; Adopt Resolution
8. Water Meter Wireless Network Equipment License Agreement
City Manager recommending approval of the Water Meter Wireless Network Equipment
License Agreement between the City of Dubuque, Dubuque County and the Dubuque
County Hospital Board of Trustees by Sunnycrest Manor.
Suggested Disposition: Receive and File; Approve
9. Water Meter Wireless Network Equipment License Agreement – St. Joseph’s
Church Key West
City Manager recommending approval of the Water Meter Wireless Network Equipment
License Agreement between the City of Dubuque and St. Joseph’s Church – Key West.
Suggested Disposition: Receive and File; Approve
10. PEG Capital Grant Expenditure Request
City Manager recommending approval of the Cable TV Tele-Programming Commission
recommendation for funding from the Public, Educational, and Government (PEG)
Capital Grant for Access Equipment and Facilities to the City of Dubuque for $10,200
for a programmable, motion-controlled CamBlock pan/tilt kit and up to $30,000 to install
cabling in the ice arena being built on Chaplain Schmitt Island.
Suggested Disposition: Receive and File; Approve
11. Purchase of Service Agreement – America’s River Corporation
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with the America’s River Corporation in the amount of $10,000.
Suggested Disposition: Receive and File; Approve
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12. Purchase of Service Agreement – Dubuque Area Chamber of Commerce
Convention and Visitors Bureau
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with the Dubuque Area Chamber of Commerce Convention and Visitors
Bureau in the amount of $776,928.
Suggested Disposition: Receive and File; Approve
13. Purchase of Service Agreement – Dubuque Area Labor Management Council
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with the Dubuque Area Labor Management Council in the amount of
$30,000.
Suggested Disposition: Receive and File; Approve
14. Purchase of Service Agreement – Dubuque Main Street
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with Dubuque Main Street in the amount of $49,276 and $10,000.
Suggested Disposition: Receive and File; Approve
15. Purchase of Service Agreement – Dubuque County Iowa State University
Extension
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with Dubuque County Iowa State University Extension in the amount of
$2,000 for operating costs for recreation programs as part of the summer Uptown
Recreation Program.
Suggested Disposition: Receive and File; Approve
16. Purchase of Service Agreement – Four Mounds Foundation
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with Four Mounds Foundation in the amount of $29,019 for operating costs
for the Day Camp Program as part of the summer Uptown Recreation Program.
Suggested Disposition: Receive and File; Approve
17. Purchase of Service Agreement – Greater Dubuque Development Corporation
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with the Greater Dubuque Development Corporation in the amount of
$95,613 for economic development services, $100,000 for Destination for Opportunity,
$100,000 for Dubuque Works, $125,000 for a staff person to assist IBM with workforce
development, $35,000 to be used to assist in funding for Dubuque area retail expansion
services, $6,000 to provide the City unlimited job postings to AccessDubuqueJobs.com
and $40,000 for marketing commercial and industrial parks owned by the City.
Suggested Disposition: Receive and File; Approve
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18. Purchase of Service Agreement – Helping Services of Northeast Iowa, Inc.
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with Helping Services of Northeast Iowa, Inc., in the amount of $2,147.
Suggested Disposition: Receive and File; Approve
19. Purchase of Service Agreement – Hills and Dales Senior Programs
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with Hills and Dales in the amount of $25,000.
Suggested Disposition: Receive and File; Approve
20. Purchase of Service Agreement – Northeast Iowa School of Music
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with Northeast Iowa School of Music in the amount of $2,600.
Suggested Disposition: Receive and File; Approve
21. Purchase of Service Agreement – Project Concern Foster Grandparent Program
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with Project Concern in the amount of $6,113 for the Foster Grandparent
Program.
Suggested Disposition: Receive and File; Approve
22. Purchase of Service Agreement – Project Concern Information and Referral and
Child Care Referral
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with Project Concern in the amount of $25,821 to Project Concern, Inc., for
the Information and Referral Program, plus a payment of $9,098 for the Child Care
Resource and Referral Program.
Suggested Disposition: Receive and File; Approve
23. Purchase of Service Agreement – Retired and Senior Volunteer Program
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with the Retired and Senior Volunteer Program in the amount of $7,341.
Suggested Disposition: Receive and File; Approve
24. Purchase of Service Agreement – Substance Abuse Services Center
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with the Substance Abuse Services Center in the amount of $14,013.
Suggested Disposition: Receive and File; Approve
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25. Purchase of Service Agreement – Washington Tool Library
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with the Washington Tool Library in the amount of $15,500.
Suggested Disposition: Receive and File; Approve
26. Purchase of Service Agreement – Opening Doors for Emergency and Transitional
Housing
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with Opening Doors in the amount of $10,000 for emergency and
transitional housing.
Suggested Disposition: Receive and File; Approve
27. Purchase of Service Agreement – Opening Doors (Maria House and Theresa
Shelter)
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with Opening Doors in the amount of $5,000 to help provide emergency and
transitional housing and services for women and children at Teresa Shelter and Maria
House.
Suggested Disposition: Receive and File; Approve
28. Purchase of Service Agreement – Operation: New View
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with Operation: New View in the amount of $18,805.
Suggested Disposition: Receive and File; Approve
29. Purchase of Service Agreement – St. Mark’s Community Center
City Manager recommending approval of a Fiscal Year 2011 Purchase of Service
Agreement with St. Mark’s Community Center in the amount of $15,000.
Suggested Disposition: Receive and File; Approve
30. Request to Purchase
Communication from Ron Hanten, 440 Moore Heights, requesting to purchase a portion
of a City-owned alley abutting his property at 1735 – 1745 Madison Street.
Suggested Disposition: Receive and File; Refer to City Manager
31. Signed Contracts
-- Riverfront Leases – Environmental Testing Services
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-- 9 and 11 Street One-Way to Two-Way Traffic Study Consultant Contract
Suggested Disposition: Receive and File
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32. Liquor License Transfer of Service
Application of the Rotary Club of Dubuque to transfer their liquor license from 135 West
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8 Street to A.Y. McDonald Park on June 9, 2010 for the ARC Games.
Suggested Disposition: Receive and File; Approve
33. 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 Hy-Vee Wine and
Spirits A, Hartig Drug #2 and Walgreen #11942
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Diamond Jo
Casino, Easy Street, Shot Tower Inn, Monks Kaffee Pub, The Northside Bar, The
Screaming Eagle Bar and Kalmes Breaktime Bar; a Class “B” Wine Permit to Hy-Vee
Wine and Spirits A, Hartig Drug #2, and Walgreen #11942; and a Class “WBN” Native
Wine Permit to The Hancock House Bed and Breakfast Inn
Suggested Disposition: Receive and File; Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Sale of Property – 1523 Elm Street
City Manager recommending that a public hearing be set for June 7, 2010 to consider
approval of the sale of property located at 1523 Elm Street.
RESOLUTION
Of intent to dispose of City-owned property, specifically, south one-half
of Lot 148 and the south one foot of the north one-half of Lot 148 in East Dubuque, an
addition to the City of Dubuque, County of Dubuque, Iowa, according to the recorded
plat thereof – 1523 Elm Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/7/10
2. Purchase of Property – 1925 Washington Street
City Manager recommending that a public hearing be set for June 7, 2010 to consider
approval of the sale of property located at 1925 Washington Street.
RESOLUTION
Of intent to dispose of City-owned property, specifically, Lot 6 of Mineral
Lot 100 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded
plat thereof – 1925 Washington Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/7/10
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3. McAleece Ballpark Parking Lot Reconstruction Project
City Manager recommending initiation of the public bidding process for the McAleece
Ballpark Parking Lot Reconstruction Project and that a public hearing be set for June 7,
2010 to consider approval of the plans and specifications, form of contract and
estimated cost.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the McAleece
Ballpark Parking Lot Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/7/10
4. Kaufmann Avenue Resurfacing Project
City Manager recommending initiation of the public bidding process for the Kaufmann
Avenue Resurfacing Project and that a public hearing be set for June 7, 2010 to
consider approval of the plans and specifications, form of contract and estimated cost.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the Kaufmann
Avenue Resurfacing Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 6/7/10
PUBLIC HEARINGS
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 THE RULES
1. Request to Rezone – 6900 / 7005 / 7010 Asbury Road
Proof of publication on notice of public hearing to consider a request from Wilfred R.
Bahl, Charlie Miller and Gene Potts to rezone property located at 6900 / 7005 / 7010
Asbury Road from AG Agricultural District to R-1 Single-Family District and Zoning
Advisory Commission recommending approval.
ORDINANCE
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located at 6900 /
7005 / 7010 Asbury Road from AG Agricultural District to R-1 Single-Family Residential
District
Suggested Disposition: Receive and File; Motion B; Motion A
2. Bee Branch Creek Building Deconstruction Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the Bee Branch Creek Building Deconstruction
Project and City Manager recommending approval.
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RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost for the Bee Branch Creek Building Deconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution
REINSTATE THE RULES
This action limits discussion to the City Council.
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. Preliminary Plat – Wild Rose Estates
Zoning Advisory Commission recommending approval of the preliminary plat of Wild
Rose Estates located south of Middle Road in Dubuque County.
Suggested Disposition: Receive and File; Approve
2. Application for Workforce Housing Funding
City Manager recommending approval of the submission of an application to the Iowa
Finance Authority for $4.5 million to establish a local revolving loan fund to create work
force and market rate housing in the Historic Millwork District.
RESOLUTION
Authorizing the filing of an application with the Iowa Finance Authority
(IFA) on behalf of the City of Dubuque to establish a local revolving loan fund for
workforce and market rate housing in the Historic Millwork District
Suggested Disposition: Receive and File; Adopt Resolution
3. Funders’ Network for Smart Growth and Livable Communities
City Manager recommending that the City of Dubuque formally join the Funders’
Network for Smart Growth and Livable Communities.
Suggested Disposition: Receive and File
4. Water Pollution Control Plant Modifications Agreement for Construction Related
Services
City Manager recommending approval of a contract with Strand Associates, Inc. to
provide construction-related services for the Water Pollution Control Plant Modification
Project at an estimated fee not to exceed $5,100,000.
Suggested Disposition: Receive and File; Approve
5. Northern Water Works Supply (NWWS) Contract for Pilot Energy Households
City Manager recommending approval of a contract with Northern Water Works Supply
(NWWS) to assist in the recruitment of 1,000 pilot households for the energy portion of
the Smarter Sustainable Dubuque Initiative.
Suggested Disposition: Receive and File; Approve
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6. RAGBRAI
City Manager recommending approval of an allocation of $25,000 for RAGBRAI
expenses.
Suggested Disposition: Receive and File; Approve
7. Americans with Disabilities Act
City Manager transmitting a summary of the statutory requirements, case law and
guidelines which address the interaction of the Americans with Disabilities Act and City
projects.
Suggested Disposition: Receive and File
8. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project
City Manager recommending that all the bids received for the Tenth and Central Parking
Ramp and Fire Headquarters Expansion Project be rejected.
RESOLUTION
Rejecting all competitive bid proposals received for the construction of
the parking ramp at Tenth and Central and expansion of the Fire Headquarters building
Suggested Disposition: Receive and File; Adopt Resolution
9. Greater Dubuque Development Corporation
Communication from Rick Dickinson, Greater Dubuque Development Corporation,
requesting appointments to the Greater Dubuque Development Corporation Board of
Directors (currently Mayor Roy Buol, City Manager Michael Van Milligen, Economic
Development Director Dave Heiar and City Council Members Joyce Connors and Kevin
Lynch).
Suggested Disposition: Receive and File; Council
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) Code of Iowa
Jeanne F. Schneider
May 13, 2010
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