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Proof of Publication_City Council Proceedings 5 17 10CITY 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 His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City At- torney 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 pro- vided by Deacon Tom Lang of the Archdio- cese 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 Soci- ety, 2774 University Avenue. Mental Health Month (May, 2010) was ac- cepted by Ann Michalski, 1520 Altura Drive. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dis- pose 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 Commis- sion of 4/12; Invest- ment Oversight Adviso- ry Commission of 4/28; Mechanical Board of 5/5; Park and Recrea- tion Commission of 4/20; Zoning Advisory Commission of 5/5; Zoning Board of Ad- justment of 4/22 cnhctanrp ahucp cense . greement be- tween the City of Du- buque, Dubuque Coun- ty and the Dubuque County Hospital Board of Trustees by Sunnycrest Manor. Upon motion the docu- ments were received, filed, and approved. Water Meter Wireless Network Equipment Li- cense Agreement - St. Joseph's Church Key West: City Manager recommending appro- val of the Water Meter Wireless Network Equipment License Agreement between the City of Dubuque and St. Joseph's Church - Key West. Upon motion the docu- ments were received, flied, and approved. PEG Capital Grant Ex- penditure Request: City Manager recom- mending approval of the Cable TV Tele- Programming Commis- sion recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Ac- cess 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 in- stall cabling in the ice arena being built on Chaplain Schmitt Is- land. Upon motion the documents were re- ceived, filed, and ap- proved. Purchase of Service Agreement - America's River Corporation: City Manager recommend- ing approval of a Fiscal Year 2011 Purchase of Service Agreement with the America's Riv- er Corporation in the amount of $10,090. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Dubuque Area Chamber of Com- merce Convention and Visitors Bureau: City Manager recommend- ing approval of a Fiscal Year 2011 Purchase of Service Agreement with the Dubuque Area Chamber of Commerce Convention and Visi- tors Bureau in the amount of $776,928. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Dubuque Area Labor Manage- ment Council: City Manager recommend- ing approval of a Fiscal rece ve., e., an ap proved. Purchase of Service Agreement - Project Concern Foster Grand- parent Program: City Manager recommend- ing approval of a Fiscal Year 2011 Purchase of Service Agreement with Project Concern in the amount of $6,113 for the Foster Grand- parent 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 recommend- ing 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 Informa- tion and Referral Pro- gram, plus a payment of $9,098 for the Child Care Resource and Re- ferral Program. Purchase of Service Agreement - Retired and Senior Volunteer Program: City Manager recommending appro- val of a Fiscal Year 2011 Purchase of Serv- ice Agreement with the Retired and Senior Vol- unteer 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 recom- mending approval of a Fiscal Year 2011 Pur- chase of Service Agreement with the Substance Abuse Serv- ices Center in the amount of $14,013. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Washing- ton Tool Library: City Manager recommend- ing approval of a Fiscal Year 2011 Purchase of Service Agreement with the Washington Tool Library in the amount of $15,500. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Opening Doors for Emergency and Transitional Hous- ing: City Manager rec- ommending approval of a Fiscal Year 2011 Purchase of Service Agreement with Open- ing Doors in the amount of $10,000 for onnors. ' of on car ried 7 -0. Sale of Property - 1523 Elm Street: City Manager recommend- ing that a public hear- ing be set for June 7, 2010 to consider appro- val of the sale of prop- erty located at 1523 Elm Street. Upon mo- tion the documents were received and filed and Resolution No. 159- 10 Resolution of intent to dispose of City - owned property, spe- cifically, 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, ac- cording to the record- ed plat thereof - 1523 Elm Street was adopt- ed 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 con- sider approval of the sale of property locat- ed 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, Io- wa, according to the recorded plat thereof - 1925 Washington Street was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on June 7, 2010 in the Historic Federal Build- ing. McAleece Ballpark Parking Lot Recon- struction Project: City Manager recommend- ing initiation of the public bidding process for the McAleece Ballpark Parking Lot Reconstruction Project and that a public hear- ing be set for June 7, 2010 to consider appro- val of the plans and specifications, form of contract and estimated cost. Upon motion the documents were re- ceived and filed and Resolution No. 161 -10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing s.en a •s . Seconded by Braig. Bill Bahl, 7005 Asbury Road, spoke in favor of the proposed ordi- nance. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion carried 7 -0. Bee Branch Creek Building Deconstruc- tion 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 Decon- struction Project and City Manager recom- mending approval. Mo- tion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 163 -10 Ap- proval of plans, specifi- cations, form of con- tract, and estimated cost for the Bee Branch Creek Building Decon- struction Project. Se- conded by Jones. City Engineer Gus Psihoyos stated that most build- ings will be gone by the end of August with the remaining build- ings scheduled for the end of October. Motion carried 7 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Preliminary Plat - Wild Rose Estates: Zon- ing Advisory Commis- sion recommending approval of the prelimi- nary plat of Wild Rose Estates located south of Middle Road in Du- buque County. Motion by Lynch to receive and file the documents and approve the rec- ommendation. Second- ed by Connors. Plan- ning Services Manage Laura Carstens clari- fied the City's jurisdic- tion within two miles of the city limits and pro- vided information re- lated to the various waivers that had been requested by the de- veloper. Motion carried 4 -3 with Resnick, Voetberg and Buol vot- ing nay. Application for Work- force Housing Funding: City Manager recom- mending 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. Mo- men.a on. econ by Lynch. Motion car- ried 7 - Americans with Disa- bilities Act: City Man- ager transmitting a summary of the statu- tory requirements, case law and guide- lines which address the interaction of the Americans with Disa- bilities Act and City projects. Motion by Connors to receive and file the documents. Seconded by Voetberg. Assistant City Attorney Crenna Brumwell ex- plained potential is- sues with future City projects as they relate to the ADA compliance. Motion carried 7 -0. Tenth and Central Parking Ramp and Fire Headquarters Expan- sion Project: City Man- ager recommending that all the bids re- ceived for the Tenth and Central Parking Ramp and Fire Head- quarters Expansion Project be rejected. Motion by Connors to receive and file the documents and adopt Resolution No. 165 -10 Rejecting all competi- tive bid proposals re- ceived for the con- struction of the park- ing ramp at Tenth and Central and expansion of the Fire Headquar- ters 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 discrep- ancies as indicated by another contractor. Lindahl stated that a second contractor is interpreting the docu- ments in a different way, which may be challenged in court and delay the project, add- ing that the bid docu- ments will be changed for the re -bid. Jones stated that the con- tractor should have asked questions prior to the bid opening. Mo- tion carried 7 -0. Greater Dubuque De- velopment Corpora- tion: Communication from Rick Dickinson, Greater Dubuque De- velopment Corpora- tion, requesting ap- pointments to the Greater Dubuque De- velopment Corporation Board of Directors (currently Mayor Roy Buol, City Manager Michael Van Milligen, Economic Development STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 26, 2010, and for which the charge is $298.24. Subscribed to before me, aNNootary Public in and for Dubuque County, Iowa, this CS day of /'� /z , 20 /o . Notary Public in and for Dubuque County, Iowa. ^ o MARY K. WESTERMEYER ' Commission Number 154885 , My Comm. Exp FEB, 1 2011 am m am am .14j* sold through Mem( s low as o% APR available* oth their price and payme get your best bottom -line n priced to sell NOW! ab 4x4 ickage, 301 istang tract, and estimated Works Supply (NWWS) Contract for Pilot Ener- gy Households: City Manager recommend- ing approval of a con- tract with Northern Water Works Supply (NWWS) to assist in the recruitment of 1,000 pilot households for the energy portion of the Smarter Sustain- able Dubuque Initia- tive. Motion by SV M01 Si Aluo 'aaylea1 genueW 2010 Ford F-15 V8, Power equipment pro; MSRP Factory Reb'Ndlsnw FMCC Reba Od LOOZ Finnin Disci Sale Pri 2010 For ti 9V3 M3H3 Power windows, locks, mirr abod DD00Z MSRP Factory Re Finnin Dis that all the bids -re- ceived for the Tenth and Central Parking Ramp and Fire Head- quarters Expansion Project be rejected. Motion by Connors to receive and file the documents and adopt Resolution No. 165-10 Rejecting all competi- tive bid proposals re- ceived for the con- struction of the park- ing ramp at Tenth and Central and expansion of the Fire Headquar- ters building. Seconded by Braig. Ron Becker, J.P. Cullen & Sons, 330 East Delavan Drive, NOISA: 600Z- 1661$ HO V90179'spao!wrl' 39133 0L0Z- sywow 09 04 do Jo! HdV %0 031,1.'1 all STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 26, 2010, and for which the charge is $298.24. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this c$a day of , 20 /d Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB, 1, 2011 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 His- toric Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City At- torney 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 pro- vided by Deacon Tom Lang of the Archdio- cese 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 Soci- ety, 2774 University Avenue. Mental Health Month (May, 2010) was ac- cepted by Ann Michalski, 1520 Altura Drive. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dis- pose 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 ing approval of a Fiscal Commission of 4/6; Year 2011 Purchase of City 5/3; Council of Communityty Service Agreement and with the Dubuque Area Development Advisory Chamber of Commerce Commission of 4/21;miConvention and Visi- s on Human Rights Commis- tors Bureau in the ment of Ov4ers12;ight Invest- amount of $776,928. ryCommission s of Adviso- Upon motion the docu- Mechanical of 4/28; ments were received, 5/5;Park Board a -of filed, and approved. Lion PCo anand ionReof Purchase of Service 4/20; Commission Advisorydn of Agreement - Dubuque Commission Zoning Area Labor Manage - Zoning Board of 5/d- ment Council: City of Ad -Manager recommend- Substancejustment of 4/22 ing approval of a Fiscal ServCAbuse Year 2011 Purchase of Quarter Reportrer Third Service Agreement Quarr for Fis- with the Dubuque Area cal Year of Labor Management oProofsity Council pucilcaPio - Council in the amount c City APro- of $30,000. Upon mo- and 2 of Apil of19 tion the 'documents Claimsnd 2 and and List Summary were received, filed, fand and approved. of Revenues for month Purchase of Service ended InMaveschtment Ov31,ersight r 2010 Agreement - Dubuque AdviInvesrmCot Oversighs Main Street: City Man- 68th Quarterlyy Reportpion's ager recommending approval of a Fiscal Upon motion the Year 2011 Purchase of documents were re - were received and filed and Resolution No. 156- 10 Rescinding the ap- proval of the agree- ment between the City of Dubuque and John W. Herrig and Sally Jo Herrig relating to the intersection project for Serenity Ridge Subdivi- sion at Plaza Drive and Derby Grange Road was adopted. Water Meter Wireless Network Equipment Li- cense Agreement: City Manager recommend- ing approval of the Wa- ter Meter Wireless Net- work Equipment Li- cense Agreement be- tween the City of Du- buque, Dubuque Coun- ty and the Dubuque County Hospital Board of Trustees by Sunnycrest Manor. Upon motion the docu- ments were received, filed, and approved. Water Meter Wireless Network Equipment Li- cense Agreement - St. Joseph's Church Key West: City Manager recommending appro- val of the Water Meter Wireless Network Equipment License Agreement between the City of Dubuque and St. Joseph's Church - Key West. Upon motion the docu- ments were received, filed, and approved. PEG Capital Grant Ex- penditure Request: City Manager recom- mending approval of the Cable TV Tele- Programming Commis- sion recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Ac- cess 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 in- stall cabling in the ice arena being built on Chaplain Schmitt Is- land. Upon motion the documents were re- ceived, filed, and ap- proved. Purchase of Service Agreement - America's River Corporation: City Manager recommend- ing approval of a Fiscal Year 2011 Purchase of Service Agreement with the America's Riv- er Corporation in the amount of $10,090. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Dubuque Area Chamber of Com- merce Convention and Visitors Bureau: City Manager recommend- ceived and filed. Notice of Clpims/ Suits: Antonio J. Mouzon for vehicle damage. Upon motion the documents were received and filed and referred to the City At- torney. City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance 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 mo- tion to amend applica- tion and notice of con- tinued public hearing in the matter of the City of Asbury volunta- ry annexation including hon-consenting owners within the urb an area proved. Purchase of Service Agreement - Project Concern Foster Grand- parent Program: City Manager recommend- ing approval of a Fiscal Year 2011 Purchase of Service Agreement with Project Concern in the amount of $6,113 for the Foster Grand- parent 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 recommend- ing 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 Informa- tion and Referral Pro- gram, plus a payment of $9,098 for the Child Care Resource and Re- ferral Program. Purchase of Service Agreement - Retired and Senior Volunteer Program: City Manager recommending appro- val of a Fiscal Year 2011 Purchase of Serv- ice Agreement with the Retired and Senior Vol- unteer 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 recom- mending approval of a Fiscal Year 2011 Pur- chase of Service Agreement with the Substance Abuse Serv- ices Center in the amount of $14,013. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Washing- ton Tool Library: City Manager recommend- ing approval of a Fiscal Year 2011 Purchase of Service Agreement with the Washington Tool Library in the amount of $15,500. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Opening Doors for Emergency and Transitional Hous- ing: City Manager rec- ommending approval of a Fiscal Year 2011 Purchase of Service Agreement with Open- ing Doors in the amount of $10,000 for emergency and transi- tional housing. Upon motion the documents Parking Lot Recon- were received, filed, struction Project was and approved. adopted setting a pub - Purchase of Service lic hearing for a meet - Agreement - Opening ing . to commence at Doors (Maria House 6:30 p.m. on June 7, and Theresa Shelter): 2010 in the Historic City Manager recom- Federal Building. mending approval of a Kaufmann Avenue Re - Fiscal Year 2011 Pur- surfacing Project: City chase of Service Manager recommend - Agreement with Open- ing initiation of the ing Doors in the public bidding process Service Agreement amount of $5,000 to for the Kaufmann Ave - with Dubuque Main help provide emergen- nue Resurfacing Proj- Street in the amount of cy and transitional ect and that a public $49,276 and $10,000. housing and services hearing be set for June Upon motion the docu- for women and chil- 7, 2010 to consider ap- ments were received, dren at Teresa Shelter proval of the plans and filed, and approved. and Maria House. Upon specifications, form of Purchase of Service motion the documents contract and estimated Agreement - Dubuque were received, filed, cost. Upon motion the County Iowa State Uni- and approved. documents were re- versity Extension: City Purchase of Service ceived and filed and Manager recommend- Agreement - Opera- Resolution No. 162-10 ing approval of a FisCal tion: New View: City Preliminary approval of Year 2011 Purchase of Manager recommend- plans, specifications, Service Agreement ing approval of a Fiscal form of contract, and with Dubuque County Year 2011 Purchase of estimated cost, setting Iowa State University Service Agreement date of public hearing Extension in the with Operation: New and ordering bids for amount of $2,000 for View in the amount of the Kaufmann Avenue operating costs for rec- $18,805. Upon motion Resurfacing Project reation programs as the documents were was adopted setting a part of the summer Up- received, filed, and ap- public hearing for a town Recreation Pro- proved. • meeting to commence gram. Upon motion the Purchase of Service at 6:30 p.m. on June 7, documents were re- Agreement - St. Mark's 2010 in the Historic ices: City Manager rec- ceived, filed, and ap- Community Center: Federal Building. ommending approval proved. City Manager recom- PUBLIC HEARINGS of a contract with Purchase of Service mending approval of a Upon motion the rules Strand Associates, Inc. Agreement - Four Fiscal Year 2011 Pur- were suspended allow- to provide construc- Mounds Foundation: chase. of Service ing anyone present to tion-related services City Manager recom- Agreement with St. address the City Coun- for the Water Pollution mending approval of a Mark's Community cii. Control Plant Modifica- Fiscal Year 2011 Pur- Center in the amount Request to Rezone - tion Project at an esti- chase of Service of $15,000. Upon mo- 6900 / 7005 / 7010 As- mated fee not to ex - Agreement with Four tion the documents bury Road: Proof of ceed $5,100,000. Mo- Mounds Foundation in were received, filed, publication on notice tion by Jones to receive t of $29,019 and approvedof public hearing to and file the documents Fiscal Year 2011 Pur- "B" Wine Permit to Hy - chase of Service Vee Wine and Spirits A, Agreement with Hills Hartig Drug #2, and and Dales in the Walgreen #11942; and amount of $25,000. a Class "WBN" Native Upon motion the docu- Wine Permit to The ments were received, Hancock House Bed filed, and approved. and Breakfast Inn were Purchase of Service adopted. Agreement - Northeast ITEMS TO BE SET FOR Iowa School of Music: PUBLIC HEARING City Manager recom- Motion by Lynch to mending approval of a receive and file the Fiscal Year 2011 Pur- documents, adopt the chase of Service resolutions, set the Agreement with North- public hearings as indi- east Iowa School of cated, and direct the Music in the amount of City Clerk to publish $2,600. Upon motion notice as prescribed by the documents were law. Seconded by received, filed, and ap- Connors. Motion car- ried 7-0. Sale of Property - 1523 Elm Street: City Manager recommend- ing that a public hear- ing be set for June 7, 2010 to consider appro- val of the sale of prop- erty located at 1523 Elm Street. Upon mo- tion the documents were received and filed and Resolution No. 159- 10 Resolution of intent to dispose of City - owned property, spe- cifically, 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, ac- cording to the record- ed plat thereof - 1523 Elm Street was adopt- ed 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 con- sider approval of the sale of property locat- ed 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, Io- wa, according to the recorded plat thereof - 1925 Washington Street was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on June 7, 2010 in the Historic Federal Build- ing. McAleece Ballpark Parking Lot Recon- struction Project: City Manager recommend- ing initiation of the public bidding process for the McAleece Ballpark Parking Lot Reconstruction Project and that a public hear- ing be set for June 7, 2010 to consider appro- val of the plans and specifications, form of contract and estimated cost. Upon motion the documents were re- ceived 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 Council meetings prior Connors to receive and to the meeting at file the documents and which it is to be passed approve the recom- be suspended. Second- mendation. Seconded ed by Braig. Motion by Jones. In response carried 7-0. to question from the Motion by Connors for City Council, Informa- final consideration and tion Services Manager passage of Ordinance Chris Kohlmann pro - No. 27-10 Amending Ti- vided information on tle 16 of the City of Du- the project. Motion buque Code of Ordi- carried 7-0. nances, Unified Devel- RAGBRAI: City Manag- opment Code, by re- er recommending ap- classifying hereinafter proval of an allocation described property lo- of $25,000 for RAGBRAI cated at 6900 / 7005 / expenses. Motion by 7010 Asbury Road from Connors to receive and AG Agricultural District file the documents and to R-1 Single -Family approve the recom- Residential District. mendation. Seconded Seconded by Braig. Bill by Lynch. Motion car - Bahl, 7005 Asbury reed 7-0. Road, spoke in favor of Americans with Disa- the proposed ordi- bilities Act: City Man- nance. Planning Serv- ager transmitting a ices Manager Laura summary of the statu- Carstens provided a tory requirements. staff report. Motion case law and guide - carried 7-0. lines which address Bee Branch Creek the interaction of the Building Deconstruc- Americans with Disa- bilities Act and City projects. Motion by Connors to receive and file the documents. Seconded by Voetberg. Assistant City Attorney Crenna Brumwell ex- plained potential is- sues with future City projects as they relate to the ADA compliance. Motion carried 7-0. Tenth and Central Parking Ramp and Fire Headquarters Expan- sion Project: City Man- ager recommending that all the bids re- ceived for the Tenth and Central Parking Ramp and Fire Head- quarters Expansion Project be rejected. Motion by Connors to receive and file the documents and adopt Resolution No. 165-10 Rejecting all competi- tive bid proposals re- ceived for the con- struction of the park- ing ramp at Tenth and Central and expansion of the Fire Headquar- ters 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 discrep- ancies as indicated by another contractor. Lindahl stated that a second contractor is interpreting the docu- ments in a different way, which may be challenged in court and delay the project, add- ing that the bid docu- ments will be changed for the re -bid. Jones stated that the con- tractor should have asked questions prior to the bid opening. Mo- tion carried 7-0. Greater Dubuque De- velopment Corpora- tion: Communication from Rick Dickinson, Greater Dubuque De- velopment Corpora- tion, requesting ap- pointments to the Greater Dubuque De- velopment Corporation Board of Directors (currently Mayor Roy Buol, City Manager Michael Van Milligen, Economic Development Director Dave Heiar and City Council Mem- bers Joyce Connors and Kevin Lynch). Mo- tion by Jones to receive and file the documents and reappoint current members Buol, Con- nors, 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 nancial responsibility toured the city over the as it relates to the proj- weekend. Braig elabo- ect. Motion carried 7-0. rated on the immigrant Funders' Network for connection Dubuque Smart Growth and Liv- and Dornbirn share able Communities: City through the Rhomberg Manager recommend- family. Buol thanked ing that the City of Du- the Sister City Commit- buque formally join the tee and staff members Funders' Network for Kevin Firnstahl and Smart Growth and Liv- Randy Gehl for their able Communities. Mo- help. tion by Connors to re- There being no fur- ceive and file the docu- ther business, upon ments and approve the motion the City Council recommendation. Se- adjourned at 8:12 p.m. conded by Resnick. /s/Jeanne F. Schneider, Motion carried 7-0. CMC, City Clerk Water Pollution Con- It 5/26 trol Plant Modifications Agreement for Con- struction Related Serv- tion 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 Decon- struction Project and City Manager recom- mending approval. Mo- tion by Lynch to re- ceive and file the docu- ments and adopt Reso- lution No. 163-10 Ap- proval of plans, specifi- cations, form of con- tract, and estimated cost for the Bee Branch Creek Building Decon- struction Project. Se- conded by Jones. City Engineer Gus Psihoyos stated that most build- ings will be gone by the end of August with the remaining build- ings scheduled for the end of October. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Preliminary Plat - Wild Rose Estates: Zon- ing Advisory Commis- sion recommending approval of the prelimi- nary plat of Wild Rose Estates located south of Middle Road in Du- buque County. Motion by Lynch to receive and file the documents and approve the rec- ommendation. Second- ed by Connors. Plan- ning Services Manage Laura Carstens clari- fied the City's jurisdic- tion within two miles of the city limits and pro- vided information re- lated to the various waivers that had been requested by the de- veloper. Motion carried 4-3 with Resnick, Voetberg and Buol vot- ing nay. Application for Work- force Housing Funding: City Manager recom- mending 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. Mo- tion by Jones to receive and file the documents and adopt Resolution No. 164-10 Authorizing the filing of an applica- tion with the, -Iowa Fi- nance 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 proc- ess and the City's fi- "'� of the City of Dubuque. for operating costs for Request to Purchase: consider a request and approve the rec- Upon motion the docu- the Day Camp Program Communication from from Wilfred R. Bahl, ommendation. Second- ment was received and as part of the summer Ron Hanten, 440 Moore Charlie Miller and Gene ed by Voetberg. Motion filed. Uptown Recreation Heights, requesting to Potts to rezone proper- carried 7-0. Kephart Building Ren- Program. Upon motion purchase a portion of a ty located at 6900 / Northern Water ovation Project: City the documents were City -owned alley abut- 7005 / 7010 Asbury Works Supply (NWWS) Manager recommend- received, filed, and ap- ting his property at Road from AG Agricul- Contract for Pilot Ener- ing acceptance of the proved. 1735 - 1745 Madison tural District to R-i gy Households: City Kephart Building Reno- Purchase of Service Street. Upon motion Single -Family District Manager recommend- vation Project as com- Agreement - Greater the documents were and Zoning Advisory ing approval of a con- pleted by Klauer Con- Dubuque Development received and filed and Commission recom- tract with Northern struction in the final Corporation: City Man- referred to the City emending approval. Mo- Water Works Supply contract amount of ager recommending Manager. tion by Connors to re- (NWWS) to assist in $710,273.51. Upon mo- approval of a� Fiscal Signed Contracts: ceive and file the docu- the recruitment of . , -_ _.,..,F ni,,,,.c.-,,,, I o.�o. - Fn- mantc and that the re- 1.000 pilot households this STATE OF IOWA {SS; DUBUQUE COUNTY CERTIFICATION OF PUBLICA I, Suzanne Pike, a Billing Clerk for Woodward Co] corporation, publisher of the Telegraph Herald,a n( published in the City of Dubuque, County of Dubu certify that the attached notice was published in sal dates: May 26, 2010, and for which the charge is $ Subscribed to before me, a Notary Public in and fc GPra day of Notary Public in an( prw xltl..V.. _. _• _ Police Lieutenant and Government (PEG) Purchase of Service - 1925 Washington John Digman Capital Grant for Ac- Agreement - Retired Street: City Manager Police Lieutenant cess Equipment and and Senior Volunteer recommending that a David Haupert Facilities to the City of Program: City Manager public hearing be set PROCLAMATIONS Dubuque for $10,200 recommending appro- for June 7, 2010 to con - Relay for Life Days for a programmable, val of a Fiscal Year sider approval of the (June 4 and 5, 2010) motion -controlled 2011 Purchase of Serv- sale of property locat- was accepted by CamBlock pan/tilt kit Ice Agreement with the ed at 1925 Washington Christina Andersen and and up to $30,000 to in- Retired and Senior Vol Street. Upon motion Jill Hogstrom of the stall cabling in the ice unteer Program in the the documents were American Cancer Sock arena being built on amount of $7,341. Upon received and filed and ety, 2774 University Chaplain Schmitt Is- motion the documents Resolution No. 160-10 Avenue. land. Upon motion the were received, filed, Resolution of intent to Mental Health Month documents were re- and approved. dispose of City -owned (May, 2010) was ac- ceived, filed, and ap- Purchase of Service property, specifically, cepted by Ann proved. Agreement - Substance Lot 6 of Mineral Lot 100 Michalski, 1520 Altura Purchase of Service Abuse Services Center: in the City of Dubuque, Drive. Agreement - America's City Manager recom- County of Dubuque, lo- CONSENT ITEMS River Corporation: City mending approval of a wa, according to the Motion by Connors to Manager recommend- Fiscal Year 2011 Pur- recorded plat thereof - receive and file the ing approval of a Fiscal chase of Service 1925 Washington documents, adopt the Year 2011 Purchase of Agreement with the Street was adopted resolutions, and dis- Service Agreement Substance Abuse Serv- setting a public hear - pose of as indicated. with the America's Riv ices Center in the ing for a meeting to Seconded by Braig. er Corporation in the amount of $14,013. commence at 6:30 p.m. Motion carried 7-0. amount of S10,090. Upon motion the docu- on June 7, 2010 in the Item #5 Pennsylvania Upon motion the docu- ments were received, Historic Federal Build - Avenue from IA 32 to ments were received, filed, and approved. ing. Vizaleea Drive Safety filed, and appr Improvements Phase II Purchase of Service was removed from the Agreement - Dubuque agenda. Area Chamber of Com- Mihutes and Reports merce Convention and Submitted: Cable TV Visitors Bureau: City Teleprogramming Manager recommend - Commission of 4/6; ing approval of a Fiscal City Council of 4/28 Year 2011 Purchase of and 5/3; Community Service Agreement Development Advisory with the Dubuque Area Commission of 4/21; Chamber of Commerce Human Rights Commis- Convention and Visi- Sion of 4/12; Invest- tors Bureau in the ment Oversight Adviso- amount of $776,928. ry Commission of 4/28; Upon motion the docu- Mechanical Board of ments were received, 5/5; Park and Recrea- filed, and approved. tion Commission of Purchase of Service 4/20; Zoning Advisory Agreement - Dubuque Commission of 5/5; Area Labor Manage - Zoning Board of Ad- ment Council: City justment of 4/22 Manager recommend - Substance Abuse ing approval of a Fiscal Services Center Third Year 2011 Purchase of Quarter Report for Fis- Service Agreement cal Year 2010 with the Dubuque Area Proofs of publication Labor Management of City Council Pro- Council in the amount ceedings of April 19 of $30,000. Upon,:mo- and 28; 2010 and List of tion the documents' Claims and Summary were received, filed, of Revenues for month and approved. ended March 31,2010 Purchase of Service Investment Oversight Agreement - Dubuque Advisory Commission's Main Street: City Man- 68th Quarterly Report ager recommending Upon motion the approval of a Fiscal documents were re- Year 2011 Purchase of ceived and filed. Service Agreement Notice of Claims/ with Dubuque Main Suits: Antonio J. Street in the amount of Mouzon for vehicle $49,276 and $10,000. damage. Upon motion Upon motion the docu- the documents were ments were received, received and filed and filed, and approved. referred to the City At- Purchase of Service torney. Agreement - Dubuque City Attorney advising County Iowa State Uni- that the following versity Extension: City claims have been re- Manager recommend- ferred to Public Entity ing approval of a Fiscal Risk Services of Iowa, Year 2011 Purchase of the agent for the Iowa Service Agreement Communities Assur- with Dubuque County ance Pool: Coralita Iowa State University Shumaker for vehicle Extension in the damage; Christopher amount of $2,000 for Lange for property operating costs for rec- damage; Aaron Young reation programs as for property damage; part of the summer Up - Antonio J. Mouzon for town Recreation Pro - vehicle damage. Upon gram. Upon motion the motion the documents documents were re - were received and filed ceived, filed, and ap- and concurred. proved. City Development Purchase of Service mending approval of a Board: Notice of mo- Agreement - Four Fiscal Year 2011 Pur- tion to amend applica- Mounds Foundation: chase of Service tion and notice of con- City Manager recom- Agreement with St. tinued public hearing mending approval of a Mark's Community in the matter of the Fiscal Year 2011 Pur- Center in the amount City of Asbury volunta- chase of Service of $15,000. Upon mo- ry annexation including Agreement with Four tion the documents hon-consenting owners Mounds Foundation in were received, filed, within the urban area the amount of $29,019 and approved. of the City of Dubuque. for operating costs for Request to Purchase: Upon motion the docu- the Day Camp Program Communication from ment was received and as part of the summer Ron Hanten, 440 Moore filed. Uptown Recreation Heights, requesting to Kephart Building Ren- Program. Upon motion purchase a portion of a ovation Project: City the documents were City -owned alley abut - Manager recommend- received, flied, and ap- ting his property at ing acceptance of the proved. 1735 - 1745 Madison Kephart Building Reno- Purchase of Service Street. Upon motion vation Project as corn- Agreement - Greater the documents were pleted by Klauer Con- Dubuque Development received and filed and struction in the final Corporation: City Man- referred to the City contract amount of ager recommending Manager. $710,273.51. Upon mo- approval of a Fiscal Signed Contracts: tion the documents Year 2011 Purchase of Riverfront Leases - En - were received and filed Service Agreement vironmental Testing and Resolution No. 154- with the Greater Dubu- Services; 9th and 11th 10 Accepting Kephart que Development Cor- Street One -Way to Building Improvement poration in the amount Two -Way Traffic Study Dyed. Purchase of Service McAleece Ballpark Parking Lot Recon- struction Project: City Manager recommend- ing initiation of the public bidding process for the McAleece Ballpark Parking Lot Reconstruction Project and that a public hear- ing be set for June 7, 2010 to consider appro- val of the plans and specifications, form of contract and estimated cost. Upon motion the documents were re- ceived 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 Recon- struction Project was adopted setting a pub- lic bearing for a meet- ing to commence at 6:30 p.m. on June 7, 2010 in the Historic Federal Building. Kaufmann Avenue Re- surfacing Project: City Manager recommend- ing initiation of the public bidding process for the Kaufmann Ave- nue Resurfacing Proj- ect and that a public hearing be set for June 7, 2010 to consider ap- proval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were re- ceived and filed and Resolution No. 162-10. Preliminary approval of plans, specifications, form of contract, and • tion by Connors to re - 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 allow- ing anyone present to address the City Coun- cil. Request to Rezone - 6900 / 7005 / 7010 As- bury Road: Proof of publication on notice of public hearing to consider a request from Wilfred R. Bahl, Charlie Miller and Gene Potts to rezone proper- ty located at 6900 / 7005 / 7010 Asbury Road from AG Agricul- tural District to R-1 Single -Family District and Zoning Advisory Commission recom- mending approval. Mo- tion by Connors to re- ceive and file the docu- ments and that the re- quirement that a pro- posed ordinance be considered and voted on for passage at two Agreement - Washing- ton Tool Library: City Manager recommend- ing approval of a Fiscal Year 2011 Purchase of Service Agreement with the Washington Tool Library in the amount of $15,500. Upon motion the docu- ments were received, filed, and approved. Purchase of Service Agreement - Opening Doors for Emergency and Transitional Hous- ing: City Manager rec- ommending approval of a Fiscal Year 2011 Purchase of Service Agreement with Open- ing Doors in the amount of $10,000 for emergency and transi- tional housing. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement - Opening Doors (Maria House and Theresa Shelter): City Manager recom- mending approval of a Fiscal Year 2011 Pur- chase of Service Agreement with Open- ing Doors in the amount of $5,000 to help provide emergen- cy and transitional housing and services for women and chil- dren at Teresa Shelter and Maria House. Upon motion the documents were , received, filed, and approved. Purchase of Service Agreement - Opera- tion: New View: City Manager recommend- ing 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 ap- proved. • Purchase of Service Agreement - St. Mark's Community Center: City Manager recom- Project and authorizing of $95,613 for econom- Consultant Contract. the payment of the is development serv- Upon motion the docu- contract amount to the ices, $100,000 for Desti- ments were received contractor was adopt- nation for Opportunity, and filed. ed. $100,000 for Dubuque Liquor License Trans - Asbury Road and IA 32 Works, $125,000 for a fer of Service: Applica- Traffic Signal and staff person to assist tion of the Rotary Club Grading Project: City IBM with workforce de- of Dubuque to transfer Manager recommend- velopment, $35,000 to their liquor license ing award of the con- be used to assist in from 135 West 8th tract for the Asbury funding for Dubuque Street to A.Y. McDo- Road and IA 32 Traffic area retail expansion nald Park on June 9, Signal and Grading services, $6,000 to pro- 2010 for the ARC Project to McDermott vide the City unlimited Games. Upon motion Excavating in the job postings to Access the documents were amount of $316,462.55, DubuqueJobs.com and received, filed, and ap- which is 33.08% under $40,000 for marketing proved. the engineer's esti- commercial and indus- Liquor License Appli- mate. Upon motion the trial parks owned by cations: City Manager documents were re- the City. Upon motion recommending appro- ceived and filed and the documents were vat of annual liquor li- Resolution No. 155-10 received, filed, and ap- cense renewals as sub - Awarding public im- proved. matted. Upon motion provement contract for Purchase of Service the documents were the Asbury Road and IA Agreement - Helping received and filed and 32 Traffic Signal and Services of Northeast Resolution No. 157-10 Grading Project - Iowa Iowa, Inc.: City Manag- Granting the issuance DOT Project No. TSF- er recommending ap- of a Class "C" Beer 32-1(28)-92-31 was proval of a Fiscal Year Permit to Hy-Vee Wine adopted. 2011 Purchase of Serv- and Spirits A, Hartig Serenity Ridge Subdi- ice Agreement with Drug #2 and Walgreen vision: City Manager Helping Services of #11942; and Resolution recommending that the Northeast Iowa, Inc., in No. 158-10 Granting the Intersection Agree- the amount of $2,147. issuance of a Class "C" ment between the City Upon motion the docu- Beer/Liquor License to of Dubuque and devel- ments were received, Diamond Jo Casino, oper John Herrig for filed, and approved. Easy Street, Shot Tow - the proposed intersec- Purchase of Service er Inn, Monks Kaffee tion of Plaza Drive and Agreement - Hills and Pub, The Northside Derby Grange Road be Dales Senior Programs: Bar, The Screaming Ea - rescinded. Upon mo- City Manager recom- gle Bar and Kalmes tion the documents mending approval of a Breaktime Bar; a Class stated that most build- ings will be gone by the end of August with the remaining build- ings scheduled for the end of October. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Preliminary Plat - Wild Rose Estates: Zon- ing Advisory Commis- sion recommending approval of the prelimi- nary plat of Wild Rose Estates located south of Middle Road in Du- buque County. Motion by Lynch to receive and file the documents and approve the rec- ommendation. Second- ed by Connors. Plan- ning Services Manage Laura Carstens clari- fied the City's jurisdic- tion within two miles of the city limits and pro- vided information re- lated to the various waivers that had been requested by the de- veloper. Motion carried 4-3 with Resnick, Voetberg and Buol vot- ing nay. Application for Work- force Housing Funding: City Manager recom- mending 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. Mo- tion by Jones to receive and file the documents and adopt Resolution No. 164-10 Authorizing the filing of an applica- tion with the -Iowa Fi- nance 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 proc- ess and the City's fi- nancial responsibility as it relates to the proj- ect. Motion carried 7-0. Funders' Network for Smart Growth and Liv- able Communities: City Manager recommend- ing that the City of Du- buque formally join the Funders' Network for Smart Growth and Liv- able Communities. Mo- ceive and file the docu- ments and approve the recommendation. Se- conded by Resnick. Motion carried 7-0. Water Pollution Con- trol Plant Modifications Agreement for Con- struction Related Serv- ices: City Manager rec- ommending approval of a contract with Strand Associates, Inc. to provide construc- tion -related services for the Water Pollution Control Plant Modifica- tion Project at an esti- mated fee not to ex- ceed $5,100,000. Mo- tion by Jones to receive and file the documents and approve the rec- ommendation. Second- ed by Voetberg. Motion carried 7-0. Northern Water Works Supply (NWWS) Contract for Pilot Ener- gy Households: City Manager recommend- ing approval of a con- tract with Northern Water Works Supply (NWWS) to assist in the recruitment of 1,000 pilot households for the energy portion of the Smarter Sustain- able Dubuque Initia- tive. Motion by Motion by Connors tar" certity mat the aatacneu notice was puviisii u 111 �atu licv receive and file the documents and adopt dates: May 26, 2010, and Resolution No. 165-10 Rejecting all competi- tive bid proposals re- ceived for the con- struction of the park- ing ramp at Tenth and Central and expansion of the Fire Headquar- ters 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 discrep- ancies as indicated by another contractor. Lindahl stated that a second contractor is interpreting the docu- ments in a different way, which may be challenged in court and delay the project, add- ing that the bid docu- ments will be changed for the re -bid. Jones stated that the con- tractor should have asked questions prior to the bid opening. Mo- tion carried 7-0. Greater Dubuque De- velopment Corpora- tion: Communication from Rick Dickinson, Greater Dubuque De- velopment Corpora- tion, requesting ap- pointments to the Greater Dubuque De- velopment Corporation Board of Directors (currently Mayor Roy Buol, City Manager Michael Van Milligen, Economic Development Director Dave Heiar and City Council Mem- bers Joyce Connors and Kevin Lynch). Mo- tion by Jones to receive and file the documents and reappoint current members Buol, Con- nors, 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 elabo- rated on the immigrant connection Dubuque and Dornbirn share through the Rhomberg family. Buol thanked the Sister City Commit- tee and staff members Kevin Firnstahl and Randy Gehl for their help. There being no fur- ther business, upon motion the City Council adjourned at 8:12 p.m. /s/Jeanne F. Schneider, CMC, City Clerk it 5/26 for which the charge is $298.2 Subscribed to before me, a Notary Public in and for Dul this a"rb/ day of , 20 7/74e,r1A Notary Public in and for I MARY K. WE Commission i My Comm, Ex