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5 17 10 City Council Agenda with 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 Recognition - DigmanDigman - TH ArticleRecognition - Digman & Haupert PROCLAMATIONS Relay for Life Days (June 4 and 5, 2010) Relay for Life Days 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 th Investment Oversight Advisory Commission’s 68 Quarterly Report Suggested Disposition: Receive and File Cable TVCity CouncilComm Dev Adv Human RightsIOACMechanical Bd Comm Park and RecreationZoning AdvisoryZoning Bd of AdjSASC Quarterly IOAC Quarterly ReportReport 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 Claims - ICAP 2 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 City Development Bd Notice 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 Kephart Bldg - MVM Kephart Bldg - Staff Kephart Bldg - Kephart Bldg - MemoMemoResolutionPayment Form 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 Pennsylvania - MVM Pennsylvania - Staff Pennsylvania - MemoMemoResolution 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 3 Suggested Disposition: Receive and File; Adopt Resolution Asbury Rd - MVM Asbury Rd - Staff Asbury Rd - Asbury Rd - Bid Tab MemoMemoResolution 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 Serenity Ridge - MVM Serenity Ridge - Serenity Ridge - Serenity Ridge - Serenity Ridge - CIP MemoStaff MemoResolutionVicinity Map 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 Sunnycrest - MVM Sunnycrest - Staff Sunnycrest MemoMemoAgreement 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 St. Joseph's - MVM St. Joseph's - Staff St. Joseph's - MemoMemoAgreement 4 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 PEG - MVM MemoPEG - Staff MemoPEG - Request Application 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 America's River - America's River - America's River - MVM MemoStaff MemoAgreement 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 CVB - MVM MemoCVB - Staff MemoCVB - Agreement 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 DALMC - MVM MemoDALMC - Staff MemoDALMC - Agreement 5 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 Main St - MVM MemoMain St - Staff MemoMain St - Agreement 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 ISU - MVM MemoISU - Staff MemoISU - Agreement 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 Four Mounds - MVM Four Mounds - Staff Four Mounds - MemoMemoAgreement 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 6 GDDC - MVM MemoGDDC - Staff MemoGDDC - Agreement 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 Helping Services - Helping Services - Helping Services - MVM MemoStaff MemoAgreement 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 Hills and Dales - MVM Hills and Dales - Staff Hills and Dales - MemoMemoAgreement 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 NISOM - MVM MemoNISOM - Staff MemoNISOM - Agreement 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 Project Concern #1 - Project Concern #1 - Project Concern #1 - MVM MemoStaff MemoAgreement 7 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 Project Concern #2 - Project Concern #2 - Project Concern #2 - MVM MemoStaff MemoAgreement 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 RSVP - MVM MemoRSVP - Staff MemoRSVP - Agreement 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 SASC - MVM MemoSASC - Staff MemoSASC - Agreement 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 Tool Library - MVM Tool Library - Staff Tool Library - MemoMemoAgreement 8 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 Opening Doors - Opening Doors - Opening Doors - MVM MemoStaff MemoCDBG Agreement 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 Maria House - MVM Maria House - Staff Maria House - MemoMemoAgreement 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 New View - MVM New View - Staff New View - MemoMemoAgreement 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 St. Mark's - MVM St. Mark's - Staff St. Mark's - MemoMemoAgreement 9 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 Hanten Ltr 31. Signed Contracts -- Riverfront Leases – Environmental Testing Services thth -- 9 and 11 Street One-Way to Two-Way Traffic Study Consultant Contract Suggested Disposition: Receive and File EnvTesting Services Consultant - Staff ContractMemo 32. Liquor License Transfer of Service Application of the Rotary Club of Dubuque to transfer their liquor license from 135 West th 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 Renewals - MVM Renewals - Staff Resolution #1Resolution #2 MemoMemo 10 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 1523 Elm - MVM 1523 Elm - Staff 1523 Elm - MemoMemoResolution 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 1925 Washington - 1925 Washington - 1925 Washington - MVM MemoStaff MemoResolution 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 11 McAleece - MVM McAleece - Staff McAleece - MemoMemoResolution 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 Kaufmann Ave - MVM Kaufmann Ave - Kaufmann Ave - MemoStaff MemoResolution 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 Asbury Rd - ZAC LtrAsbury Rd - Asbury Rd - Vicinity Asbury Rd - Staff Asbury Rd - ApplicationsMapReportOrdinance 12 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. 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 Bee Branch - MVM Bee Branch - Staff Bee Branch - MemoMemoResolution Material from May 3, 2010 City Council Meeting Bee Branch - MVM Bee Branch - Staff Bee Branch - MemoMemoResolution 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 Plat - ZAC LtrPlat - ApplicationPlat - Vicinity MapWild Rose - Plat - Engineering Plat - Fire Dept Preliminary PlatDept MemoE-Mail Plat - Staff ReportPlat - Aerial Views 13 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 Funding - MVM MemoFunding - Staff Funding - Resolution Memo 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 Funders Network - Funders' Network Ltr MVM Memo 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 WPCP - MVM MemoWPCP - Staff MemoWPCP - Background WPCP - Draft InformationAgreement 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 14 NWWS - MVM MemoNWWS - Staff MemoNWWS - Target Area 4 28 10 Council MapAgenda Item 6. RAGBRAI City Manager recommending approval of an allocation of $25,000 for RAGBRAI expenses. Suggested Disposition: Receive and File; Approve RAGBRAI - MVM RAGBRAI - Staff MemoMemo 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 ADA - MVM MemoADA - Staff Memo 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 Parking Ramp - MVM Parking Ramp - Staff Parking Ramp - MemoMemoResolution 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). 15 Suggested Disposition: Receive and File; Council GDDC Ltr 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 16