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
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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
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