Minutes_City Council Proceedings 5 17 10
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on May 17, 2010 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
City Manager Van Milligen, City Attorney Lindahl
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 was provided by Deacon Tom Lang of the Archdiocese of Dubuque
RECOGNITION
Police Lieutenant John Digman
Police Lieutenant David Haupert
PROCLAMATIONS
Relay for Life Days (June 4 and 5, 2010) was accepted by Christina Andersen and Jill
Hogstrom of the American Cancer Society, 2774 University Avenue.
Mental Health Month (May, 2010) was accepted by Ann Michalski, 1520 Altura Drive.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Braig. Motion carried 7-0. Item #5 Pennsylvania Avenue from IA 32
to Vizaleea Drive Safety Improvements Phase II was removed from the agenda.
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
Upon motion the documents were received and filed.
Notice of Claims/Suits: Antonio J. Mouzon for vehicle damage. Upon motion the documents
were received and filed and referred to the 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. Upon motion the documents were received and filed
and concurred.
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. Upon motion the document
was received and filed.
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. Upon motion the documents were received and filed and Resolution
No. 154-10 Accepting Kephart Building Improvement Project and authorizing the payment of
the contract amount to the contractor was adopted.
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. Upon motion the documents were received and filed and Resolution No. 155-10
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 was adopted.
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. Upon motion the documents were received and
filed and Resolution No. 156-10 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 was adopted.
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. Upon motion the documents were received, filed, and
approved.
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. Upon
motion the documents were received, filed, and approved.
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. Upon
motion the documents were received, filed, and approved.
Purchase of Service Agreement – America’s River Corporation: City Manager
recommending approval of a Fiscal Year 2011 Purchase of Service Agreement with the
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America’s River Corporation in the amount of $10,000. Upon motion the documents were
received, filed, and approved.
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. Upon motion the documents were received, filed, and
approved.
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. Upon motion the
documents were received, filed, and approved.
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. Upon motion the documents were received, filed, and
approved.
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. Upon motion the
documents were received, filed, and approved.
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. Upon motion the documents were received, filed, and approved.
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. Upon motion the documents were received, filed, and
approved.
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. Upon motion the documents were
received, filed, and approved.
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. Upon motion the documents were received, filed, and
approved.
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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. Upon motion the documents were received,
filed, and approved.
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. Upon motion
the documents were received, filed, and approved.
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.
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. Upon motion the documents
were received, filed, and approved.
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. Upon motion the documents
were received, filed, and approved.
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. Upon motion the documents were received, filed, and
approved.
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. Upon
motion the documents were received, filed, and approved.
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. Upon motion the
documents were received, filed, and approved.
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. Upon motion the documents were received, filed, and approved.
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
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Community Center in the amount of $15,000. Upon motion the documents were received, filed,
and approved.
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.
Upon motion the documents were received and filed and referred to the City Manager.
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Signed Contracts: Riverfront Leases – Environmental Testing Services; 9 and 11 Street
One-Way to Two-Way Traffic Study Consultant Contract. Upon motion the documents were
received and filed.
Liquor License Transfer of Service: Application of the Rotary Club of Dubuque to transfer
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their liquor license from 135 West 8 Street to A.Y. McDonald Park on June 9, 2010 for the
ARC Games. Upon motion the documents were received, filed, and approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 157-10 Granting the issuance of a Class “C” Beer Permit to Hy-Vee Wine and Spirits A,
Hartig Drug #2 and Walgreen #11942; and Resolution No. 158-10 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 were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
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.
Upon motion the documents were received and filed and Resolution No. 159-10 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 was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 7, 2010 in
the Historic Federal Building.
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. Upon motion the documents were received and filed and Resolution No.
160-10 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 was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on June 7, 2010 in the Historic Federal Building.
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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. Upon motion the documents were received
and filed and Resolution No. 161-10 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 was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on June 7, 2010 in the Historic Federal Building.
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. Upon motion the documents were received and filed and Resolution No. 162-
10 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 was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 7, 2010 in
the Historic Federal Building.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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. Motion by
Connors to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Braig. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 27-10 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. Seconded by Braig. Bill Bahl,
7005 Asbury Road, spoke in favor of the proposed ordinance. Planning Services Manager
Laura Carstens provided a staff report. Motion carried 7-0.
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.
Motion by Lynch to receive and file the documents and adopt Resolution No. 163-10 Approval
of plans, specifications, form of contract, and estimated cost for the Bee Branch Creek Building
Deconstruction Project. Seconded by Jones. City Engineer Gus Psihoyos stated that most
buildings will be gone by the end of August with the remaining buildings scheduled for the end
of October. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
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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.
Motion by Lynch to receive and file the documents and approve the recommendation.
Seconded by Connors. Planning Services Manage Laura Carstens clarified the City’s
jurisdiction within two miles of the city limits and provided information related to the various
waivers that had been requested by the developer. Motion carried 4-3 with Resnick, Voetberg
and Buol voting nay.
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. Motion by Jones to receive and file the documents and adopt Resolution No. 164-10
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. Seconded by Voetberg. Van Milligen clarified the loan process
and the City’s financial responsibility as it relates to the project. Motion carried 7-0.
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. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Resnick. Motion carried 7-0.
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. Motion by Jones to receive and file the documents
and approve the recommendation. Seconded by Voetberg. Motion carried 7-0.
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. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Jones. In response to question from the City Council,
Information Services Manager Chris Kohlmann provided information on the project. Motion
carried 7-0.
RAGBRAI: City Manager recommending approval of an allocation of $25,000 for RAGBRAI
expenses. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Lynch. Motion carried 7-0.
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. Motion by Connors to receive and file the documents.
Seconded by Voetberg. Assistant City Attorney Crenna Brumwell explained potential issues
with future City projects as they relate to the ADA compliance. Motion carried 7-0.
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
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Headquarters Expansion Project be rejected. Motion by Connors to receive and file the
documents and adopt Resolution No. 165-10 Rejecting all competitive bid proposals received
for the construction of the parking ramp at Tenth and Central and expansion of the Fire
Headquarters building. Seconded by Braig. Ron Becker, J.P. Cullen & Sons, 330 East Delavan
Drive, Janesville, Wisconsin, stated that he believed the bid documents were clearly stated
and there were no discrepancies as indicated by another contractor. Lindahl stated that a
second contractor is interpreting the documents in a different way, which may be challenged in
court and delay the project, adding that the bid documents will be changed for the re-bid.
Jones stated that the contractor should have asked questions prior to the bid opening. Motion
carried 7-0.
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). Motion by Jones to receive and file the documents and reappoint
current members Buol, Connors, Lynch, Van Milligen, and Heiar. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Voetberg reported on the successful visit by the delegation from Dornbirn, Austria, who
toured the city over the weekend. Braig elaborated on the immigrant connection Dubuque and
Dornbirn share through the Rhomberg family. Buol thanked the Sister City Committee and staff
members Kevin Firnstahl and Randy Gehl for their help.
There being no further business, upon motion the City Council adjourned at 8:12 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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