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5 17 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, MAY 17, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESENT MAYO) BUOL, COUNCIL MEMBERS BRAIG, COOORS, JO ES, LYN H, RESNIi(, VOETBERG CITY MANAGER VAN IVJ.ILIGEN; CITY ATTORNEY Lt4DAHL ABSENT: 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: Deacon Tom Lang, Archdiocese of Dubuque RECOGNITION 9 Police Lieutenant John Digman Police Lieutenant David Haupert PROCLAMATIONS Relay for Life Days (June 4 and 5 Mental Health Month (May, 2010) CONSENT ITEMS 1. 2. Ayes Connors Jones Lynch Resnick / Voetberg aBraig / Buol Minutes and Reports Submitted Nays 1 14i'd 4 1: )11 ' " 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 Investment Oversight Advisory Commission's 68 Quarterly Report Suggested Disposition: Receive and File 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 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 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 fro IA 32 to Vizaleea Drive Saf y Improvements — hase II City Manager recomme ding acceptance of the Penn vania Avenue from I 32 to Vizaleea Drive Safety/1 m prove ments — Phase II Pr ' ct as completed by Dermott Excavating in the f' al contract amount of $300, 5.16. RESOLUTION' Acc Vizaleea D ' e Safety Improvements — the contract amount to the contractor the Pennsylvania Ave9 from IA 32 to II Project and authoting the payment of Suggested Disposition: Receive and File; Adopt Resolution 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 Ayes Connors Jones Lynch Resnick Voetberg Braig Buol 3 Nays 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 Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 4 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 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 Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 5 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 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 Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol A 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 Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 7 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 Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol N 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 -- 9 th and 11 Street One -Way to Two -Way Traffic Study Consultant Contract Suggested Disposition: Receive and File 32. Liquor License Transfer of Service Application of the Rotary Club of Dubuque to transfer their liquor license from 135 West 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, Hart Drug #2 and Walgreen #11942 RESOLUTION /SJ 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 Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 9 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. �` -e Nays onnors Jones Lynch Resnick Voetberg Braig Buol 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 Id() 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 617/10 10 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 &�A� 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 11 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 �'es / Connors / Jones Lynch / Resnick Voetberg Braig Buol 1. Request to Rezone - 6900 / 7005 / 7010 Asbury Road Nays 1 a� 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 l Suggested Disposition: Receive and File; Motion B; Motion A ��� ;1, / I Suspend the Readings Ag I P Final Reading and Adopt J`Y/rJ �V �l Aye Nays 7��/Connors s Nayes Connors J Jones Jones Lynch Lynch Resnick ,/ Resnick Voetberg Voetberg raig PBuol raig O Buol 12 ,p 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 p roval of plans, specifications, form of contract, and estimated cost for the Bee Brand Creek Building Deconstruction Project Suggested Disposition: Receive and File; Adopt Resolution es Nays �. .Connors Jones Lynch ' Resnick Voetberg ra i g / Buol REINSTATE THE RULES This action limits discussion to the City Council. s Connors / Jones i Lynch /,�V esnick oetberg 'raig / Nays 13 1 fi' h 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. irk Preliminary Plat —Wild Rose Estates Zoning Advisory Commission recommending approval of the preliminary plat of Rose Estates located south of Middle Road in Dubuque County. Suggested Disposition: Receive and File; Approve �/A "l p e �onnors Jones Lynch Resnick / Voetberg/ 1 Braig Buol/ ; I f Application for Workforce Housing Funding Naysa D 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 u A es Nays ' ��/ : Connors / Jones Lynch f � Resnick , Voetberg 7 ?Braig r Buol 14 d AM 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 7� Nays i ) Jones Connors / Lynch / esnick ✓ ;" Voetber 9 Braig Buol 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 ,Yes Nays r/ Connors Jones Lynch Resnick �yoetberg Braig �/Buol 15 U 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: Recei a and File; Approve A , Nays C / Connors 1 f Jones Lynch II �/ Resnick r V� ✓ Voetberg f Braig /Buol 6. RAGBRAI City Manager recommending approval of an allocation of $25,000 for RAGBRAI expenses. Suggested Disposition: Receive and File; Approve es Nays Connors �, Jones ��ynch Resnick // V,oetberg ' 8raig Buol 16 � � �� �� ��� ��� �� /N ^�� ��� �k���g�? ��� ���� �,'" 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: ,Ay r/ ) Nays Connors Jones Lynch / O Resnick r Voetberg i Braig Buol 8. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project P City Manager recommending that all the bids received for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project be rejected. RESOLUTION _24��' /l 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 ye . Connors / Jones Lynch Resnick Voetberg Braig /O) Buol 17 Receive and File Nays /i kW ;`t g� 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 es j .Connors Jones Lynch Resnick oetberg Braig Buol COUNCIL MEMBER REPORTS PUBLIC INPUT Nays 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)o) Code of Iowa Motion to go into Cbsed- do at 5� '4�� dyes Nays v/ Connors Jones Lynch Resnick Voetberg Braig Buol 18 Motion to adjourn at Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 19 I - ►1 - - - -- -- - -- -- - - - -- 6 7 �Ile