7 6 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, JULY 6, 2010
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
PRESET MAYOR B OL, COUNCIL MEMBERS RAIG, CO ORS, J ES, LYNCH,
RESN L ICK, VOIEMERG
CITY MANAGER VAN /
LIGEN; CITY ATTORNEY LINXAHL
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
Pastor Paul Bishop, Hope Church
CONSENT ITEMS
Aye
1. Minutes and Reports Submitted
City Council of 6/21 and 6/22; Civil Service Commission of 5/14; Environmental
Stewardship Advisory Commission of 5/4; Library Board of Trustees of 2/25 and 4/1;
Transit Board of Trustees of 6/10
Proof of publication of City Council Proceedings of June 7, 2010
Suggested Disposition: Receive and File
2. Notice of Claims /Suits
Mary C. LeGrand 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: Austin Karl
Millius for vehicle damage; Mary C. LeGrand for vehicle damage
Suggested Disposition: Receive and File; Concur
3. Citizen Communication
Communication from Glen P. Nodolf, 398 Main Street, regarding a clean energy
proposition.
Suggested Disposition: Receive and File
2
Lynch
Resnick
AThattfpvP
Braig
Buol
onnors
Jones
Nays
4. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Water
Pollution Control Plant Operator, Water Meter Repairworker and Custodian I.
Suggested Disposition: Receive and File; Make a Matter of Record
5. Fiscal Year 2010 Annual Action Plan — Amendment #3
City Manager recommending approval of the third amendment to the Fiscal Year 2010
Annual Action Plan to transfer additional Community Development Block Grant funds to
the Green Alley Pilot Project.
RESOLUTION 6": Approving a Fiscal Year 2010 (Program Year 2009)
Annual Action Plan — Amendment #3 for Community Development Block Grant
Recovery (CDBG -R) funds
Suggested Disposition: Receive and File; Adopt Resolution
6. Fiscal Year 2011 Annual Action Plan — Amendment #1
City Manager recommending approval of an amendment to the Fiscal Year 2011 Annual
Action Plan for the Community Development Block Grant (CDBG) program to reflect the
increase in the CDBG entitlement allocation.
RESOLUTION Approving a Fiscal Year 2011 (Program Year 2010)
Annual Action Plan — Amendment #1 for Community Development Block Grant (CDBG)
funds
Suggested Disposition: Receive and File; Adopt Resolution
7. Chavenelle Drive — 2010 PCC Concrete Pavement Repair Project
City Manager recommending that the award for the Chavenelle Drive — 2010 PCC
Concrete Pavement Repair Project be officially recorded in the minutes of the City
Council.
Suggested Disposition: Receive and File
3
Ayes
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
Nays
8. Third Street Overpass Bridge Approach Repair Project
City Manager recommending that the award for the Third Street Overpass Bridge
Approach Repair Project be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File
9. Highway 151 & 61 Development — Setting Fair Market Value — 0.0396 Acres
City Manager recommending approval of the fair market value of a 0.0396 acre parcel
of property owned by Highway 151 & 61 Development for the Bee Branch Creek
Restoration Project.
RESOLUTION � Establishing the fair market value of certain real property
owned by Highway 151 & 61 Development
Suggested Disposition: Receive and File; Adopt Resolution
10. Highway 151 & 61 Development — Setting Fair Market Value — 0.802 Acres
City Manager recommending approval of the fair market value of a 0.802 acre parcel of
property owned by Highway 151 & 61 Development for the Bee Branch Creek
Restoration Project.
RESOLUTION Establishing the fair market value of certain real property
owned by Highway 151 & 61 Development
Suggested Disposition: Receive and File; Adopt Resolution
11. Highway 151 & 61 Development — Setting Fair Market Value — 0.281 Acres
City Manager recommending approval of the fair market value of a 0.281 acre parcel of
property owned by Highway 151 & 61 Development for the Bee Branch Creek
Restoration Project
RESOLUTION .75 Establishing the fair market value of certain real property
owned by Highway 151 & 61 Development
Suggested Disposition: Receive and File; Adopt Resolution
4
q
Ayes
/ Lynch
Resnick
Veetberg
Braig
Buol
Connors
Jones
Nays
.12. Highway 151 & 61 Development — Setting Fair Market Value — 3.3 Acres
City Manager recommending approval of the fair market value of 3.3 acres_ of property
owned by Highway 151 & 61 Development for the Bee Branch Creek Restoration
Project.
RESOLUTION S Establishing the fair market value of certain real property
owned by Highway 151 & 61 Development
Suggested Disposition: Receive and File; Adopt Resolution
13. City Manager Employment Agreement
Submittal of the Twentieth Amendment to the City Manager's Employment Agreement
for approval.
Suggested Disposition: Receive and File; Approve
14. Workers' Compensation Claim
City Manager recommending approval of the settlement of the workers' compensation
claim of John Splinter.
Suggested Disposition: Receive and File; Approve
15. Iowa State Energy Program Grant
City Manager recommending approval of a $69,831 grant application to the Iowa Office
of Energy Independence to cover a portion of the improvements to the 18 and Central
Avenue building.
Suggested Disposition: Receive and File; Approve
16. Liquor License Refund
Request of Ann Cunningham for a refund of Beer and Liquor License No. LC0036524 in
the amount of $422.50.
Suggested Disposition: Receive and File; Approve Refund
5
Ayes
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
Nays
17. Business Licenses
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION Granting the issuance of eight renewal applications to
sell cigarettes and cigarette papers within the City
RESOLUTION ,c9c9° Granting the issuance of a Class "C" Beer Permit to K-
Chap Foods
RESOLUTION 2 97 Granting the issuance of a Class "C" Beer /Liquor License
(5 -Day Special Event) to Diamond Jo, LLC; a Special Class "C" (BW) Liquor License to
Bell Tower Productions; and a Special Class "C" (BW) Liquor License (5 -Day Special
Event) to the Dubuque Jaycees
Suggested Disposition: Receive and File; Adopt Resolutions
6
Ayes
Lynch
Resnick
Voetberg
Braig
Buol
Connors
Jones
Nays
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. Fiscal Year 2011 Budget Amendment — July 19, 2010
2. Water Revenue Bonds — July 19, 2010
3. General Obligation Urban Renewal Bonds — July 19, 2010
4. General Obligation Bonds and Refunding General Obligation Bonds — July 19,
2010
5. Catfish Creek Generator Installation Project — July 19, 2010
6. Central Avenue Water Main (21 to 32 Streets) Project — July 19, 2010
7. US 52 Traffic Flow Enhancement Project — July 19, 2010
7
Lynch
Resnick
Braig
Buol
Connors
ones
Nays
1. Fiscal Year 2011 Budget Amendment
City Manager recommending that a public hearing be set for July 19, 2010 to consider
the first amendment to the Fiscal Year 2011 budget.
RESOLUTION � Setting the date for the public hearing on Amendment
No. 1 to the Fiscal Year 2011 budget for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/19/10
2. Water Revenue Bonds
City Manager recommending that a public hearing be set for July 19, 2010 to consider
the issuance of not to exceed $5,700,000 Water Revenue Bonds for water main
replacements and other water system improvements.
RESOLUTION Fixing date for a meeting on the proposition of the
issuance of not to exceed $5,700,000 Water Revenue Bonds of the City of Dubuque,
Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/19/10
3. General Obligation Urban Renewal Bonds
City Manager recommending that a public hearing be set for July 19, 2010 to consider
the issuance of not to exceed $3,000,000 in General Obligation Urban Renewal Bonds
for downtown improvements.
RESOLUTION Fixing date for a meeting on the proposition of the
issuance of not to exceed $3,000,000 General Obligation Urban Renewal Bonds (for
Urban Renewal purposes) of the City of Dubuque, Iowa, and providing for publication of
notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/19/10
4. General Obligation Bonds and Refunding General Obligation Bonds
City Manager recommending that a public hearing be set for July 19, 2010 to consider
the issuance of not to exceed $4,575,000 General Obligation Bonds for various City
projects and refunding Series 2002B General Obligation Bonds.
RESOLUTION c1 Fixing date for a meeting on the proposition of the
issuance of not to exceed $4,575,000 General Obligation Bonds (for essential corporate
purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/19/10
5. Catfish Creek Generator Installation Project
City Manager recommending initiation of the public bidding process for the Catfish
Creek Generator Installation Project and that a public hearing be set for July 19, 2010 to
consider approval of the plans and specifications, form of contract and estimated cost.
RESOLUTION o .g Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the
Catfish Creek Generator Installation Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/19/10
6. Central Avenue Water Main (21 to 32 Streets) Project
City Manager recommending initiation of the public bidding process for the Central
Avenue Water Main (21 to 32 Streets) Project and that a public hearing be set for
July 19, 2010 to consider approval of the plans and specifications, form of contract and
estimated cost.
RESOLUTION , f Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the
Central Avenue Water Main (21 to 32 Streets) Project
8
RESOLUTION c2i '/ Approving the plat, schedule of assessments and
estimate of total cost and setting date of public hearing on Resolution of Necessity
RESOLUTION of Necessity for the Central Avenue Water Main (21 to
32 Street) Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/19/10
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/19/10
9
7. US 52 Traffic Flow Enhancement Project
City Manager recommending initiation of the public bidding process for the US 52 Traffic
Flow Enhancement Project and that a public hearing be set for July 19, 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 US
52 Traffic Flow Enhancement Project
BOARDS /COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards /Commissions; applicant appointments will be made at the next City
Council meeting.
Building Code Board of Appeals
Two 3 -year terms through August 1, 2013 (Terms of Schwendinger and Kolf) Journeyman /
Carpenter and Architect / Engineer requirements
Applicants:
James Kolf, 2342 Matthew John Drive (Architect / Engineer)
John Schwendinger, 800 Kelly Lane (Journeyman / Carpenter)
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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
Ayes
,/ Lynch
(9 Resnick
Veetiberg
/ Braig
/ Buol
Connors
0 Jones
11
1. Riverfront Marina — Ice Harbor Location
Proof of publication on notice of public hearing to consider the Riverfront Marina — Ice
Harbor location and City Manager recommending approval.
RESOLUTION 7 Approving the Ice Harbor as the selected location for the
Port of Dubuque Riverfront Marina Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Lynch
Resnick
14)6 l
Braig
Buol
Connors
Jones
Ayes
Lynch
Resnick
Braig
Buol
Connors
Jones
Nays
Nays
Nays
c
2. Dubuque County Lease
Proof of publication on notice of public hearing to consider a proposed five year lease
with Dubuque County for space in the Historic Federal Building and City Manager
recommending approval.
RESOLUTION ceb Disposing of an interest in real property owned by the
City of Dubuque by lease between the City of Dubuque and Dubuque County
Suggested Disposition: Receive and File; Adopt Resolution
3. Easement Agreement for Washington Row Houses Project
Proof of publication on notice of public hearing to consider the disposition of real
property owned by the City in the form of an easement agreement for common uses of
property at the "Washington Row Houses" located at 1765 — 1795 Washington Street
and 260 East 18 Street and City Manager recommending approval.
RESOLUTION 959 Disposing of real property by revising, restating and
vacating various easements related to the Washington Street Row Houses Project over
portions of Lots 90 and 91 in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
9 - y )Lynch
Resnick
fig'
Braig
Buol
Connors
()Jones
Ayes
Lynch
Resnick
et erg
Braig
Buol
Connors
Jones
12
Nays
Nays
4. IA 32 and Asbury Road Turn Lane Improvements Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for the IA 32 and Asbury Road Turn Lane
Improvements Project and City Manager recommending approval.
RESOLUTION o 27/ Approving plans, specifications, form of contract, and
estimated cost for the IA 32 and Asbury Road Turn Lane Improvements Project
Suggested Disposition: Receive and File; Adopt Resolution
Lynch
Resnick
Braig
Buol
Connors
Jones
Nays
REINSTATE THE RULES
This action limits discussion to the City Council.
Ayes
,/y Lynch
Resnick
/ e
Braig
Buol
Connors
Jones
13
Nays
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. Sunset Ridge Reconstruction Project
City Manager recommending initiation of the public bidding process and preliminary
approval of the plans and specifications, form of contract and estimated cost for the
Sunset Ridge Reconstruction Project and that a public hearing be set for July 19, 2010
to consider final approval of the plans and specifications, form of contract and estimated
cost.
RESOLUTION c2 Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the
Sunset Ridge Reconstruction Project
RESOLUTION o � �� Approving the plat, schedule of assessments and
estimate of total cost and setting date of public hearing on Resolution of Necessity
RESOLUTION 4 of Necessity for the Sunset Ridge Reconstruction
Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
7/19/10 C
A es Nays I
Lynch
Resnick ` ■ / '
/ i �g rJ (N
/
Braig
Buol �
Connors
1 Jones
14
6
2. Vacating Petition — Portion of Cox Street
City Manager recommending that a public hearing be set for August 2, 2010 to consider
a request from Loras College President Jim Collins to vacate and purchase a portion of
Cox Street.
Communication from James E. Collins, President — Loras College, regarding the
proposal to vacate and purchase a portion of Cox Street.
Communication from Tom Hoelscher in opposition to the vacating and sale of a portion
of Cox Street to Loras �C
RESOLUTION ,% Of intent to vacate and dispose of City interest in Lot 1A
of City Lot 741 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/2/10
Al , i/iti
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!
15
6
Lynch
Resnick
Veetkerg
Braig
Buol
Connors
Jones
Nays
3. Harvest View Estates Sixth Addition
City Manager recommending approval of the final plat of Harvest View Estates Sixth
Addition.
RESOLUTION c 9/ Approving the final plat of Harvest View Estates Sixth
Addition in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
4. Marketing and Rebranding for Keyline Transit
City Manager recommending approval of the Marketing and Rebranding Plan for
Keyline submitted by East Central Intergovernmental Association Executive Director
Kelly Deutmeyer.
Suggested Disposition: Receive and File; Approve
Ayes
/ Lynch
✓ Resnick
#rg
raig
Buol
Jones
Connors
16'
A� s
/ Lynch
/ Resnick
Braig
i / Buol
. Connors
Jones
Nays
0
5. Keyline Transit — West End Tripper
City Manager recommending approval for staff to negotiate a contract with the Regional
Transit Authority to provide bus service on the West End Tripper Express Route from
downtown through the Dubuque Industrial Center West under an approved Federal Job
Access Reverse Commute grant.
Suggested Disposition: Receive and File; Approve
Ayes
/ Lynch
Resnick
g
Braig
Buol
Connors
Jones
6. Keyline Transit Vehicle Purchase
City Manager recommending approval to use $26,180 in local match for the Regional
Transit Authority (RTA) to acquire two Pinnacle vans that will be used to provide transit
services in the City of Dubuque.
Suggested Disposition: Receive and File; Approve
Ayes
y Lynch
/ Resnick
1g
Braig
Buol
Connors
Jones
17
Nays
Nays
7. Library Staffing
City Manager recommending approval of a staffing reorganization at the Carnegie Stout
Public Library in addition to the staff previously approved by the City Council during the
Fiscal Year 2011 budget process.
Suggested Disposition: Receive and File; Approve
Ayes
/ Lynch
Resnick
_mac
Braig
Buol
Connors
ones
8. Secure Our Schools Grant
City Manager recommending approval of a U.S. Department of Justice Office of
Community Oriented Policing Services grant application for funding of the Secure Our
Schools Program.
Suggested Disposition: Receive and File; Approve
Ayes
J
9 Lynch
Resnick
Braig
//'
/ 7 Buol
Connors
/0 Jones
18
Nays
9. Clean Fuels and State of Good Repair Federal Bus Grant Applications
City Manager recommending approval of two grant requests — the State of Good Repair
($4,103,296) and Clean Fuels ($2,435,981) totaling $6.5 million to the Federal Transit
Administration for new buses and equipment in partnership with East Central
Intergovernmental Association and the Dubuque Community School District.
Suggested Disposition: Receive and File; Approve
Lynch
Resnick
Voetiaerg
raig
Buol
onnors
Jones
10. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project
City Manager recommending award of the public improvement contract for the Tenth
and Central Parking Ramp and Fire Headquarters Expansion Project to J.P. Cullen &
Sons, Inc. of Janesville, Wisconsin in the amount of $7,712,379.
RESOLUTION ? 4�6 Awarding public improvement contract for the Tenth
and Central Parking Ramp and Fire Headquarters Expansion Project
Suggested Disposition: Receive and File; Adopt Resolution
yes
Lynch
/ Resnick
/ / Vooliberej
/ Braig
/
onnors uol
J ones
19
Nays
Nays
11. Eighth Street Parking
City Manager recommending approval of the addition of metered parking directly in front
of the Grand Theater on Eighth Street.
ORDINANCE .37 Amending the City of Dubuque Code of Ordinances
Section 9 -14- 321 -602 (D)- Prohibited Parking on City Streets or Portions Thereof
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ayes
,// Lynch
Resnick
Veettag
1J Braig
Buol
Connors
Jones
Nays
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Final Reading and Adopt
Ayes
/ Lynch
Resnick
raig
�� � Buol
Connors
Jones
Nayes
12. Green Alley Project — 15 to 16 Street from Washington to Elm Streets
City Manager recommending award of the public improvement contract for the Green
Alley Project — 15 to 16 Street from Washington to Elm Streets to Connolly
Construction in the amount of $154,046.52.
RESOLUTION .=:‘: / Awarding public improvement contract for the Green
Alley Project — 15 to 16 Street from Washington to Elm Streets
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
,/ Lynch
Resnick
� g) Braig
Buol
// Connors
?
Nays
i
13. Dubuque Regional Airport — Jet Drive Resurfacing Project
City Manager recommending award of the public improvement contract for the Dubuque
Regional Airport — Jet Drive Resurfacing Project to Eastern Iowa Excavating and
Concrete, LLC in the amount of $79,633.50.
RESOLUTION o Awarding public improvement contract for the Dubuque
Regional Airport — Jet Drive Resurfacing Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
// Lynch
Resnick
Braig
n � Buol
Connors
Jones
14. IA 32 Geometric and Signalization Improvements — US 20 to JFK Road Project
City Manager recommending award of the public improvement contract for the IA 32
Geometric and Signalization Improvements — US 20 to JFK Road Project to Portzen
Construction, Inc. in the amount of $649,793.80.
RESOLUTION � Awarding public improvement contract for the IA 32
Geometric and Signalization Improvements — US 20 to JFK Road Project
Suggested Disposition: Receive and File; Adopt Resolution
Aye
(+% Lynch
Resnick
� - . g
i Braig
Buol
Connors
Jones
21
Nays
Nays
15. Kaufmann Avenue Resurfacing Project
City Manager recommending that the competitive bids received for the Kaufmann
Avenue Resurfacing Project be rejected.
RESOLUTION cL:Pc& Rejecting all competitive bid proposals received for the
Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Chaney), Iowa
DOT Project No. STP -U -2100 (651) -70 -31
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
✓ Lynch
Resnick
�. Meetkrem
I C raig
/ Buol
Connors
/ Jones
16. Water Quality Monitoring 28E Agreement
City Manager recommending approval of a 28E Agreement with the Dubuque Soil and
Water Conservation District for the purpose of collecting water quality data throughout
the Catfish Creek Watershed Basin.
RESOLUTION Authorizing the execution of a 28E Agreement with the
Dubuque Soil and Water Conservation District regarding the water sampling of streams
within the Catfish Creek Watershed Basin
Suggested Disposition: Receive and File; Adopt Resolution
Aye
/ v Lynch
Resnick
ALeettrerg-
Braig
Buol
Connors
Jones
22
Nays
Nays
17. Request for Proposal — Iowa Finance Authority
City Manager recommending approval of the issuance of a Request for Proposal for the
$4,477,500 low- interest loan pool provided to the City by the Iowa Finance Authority for
the creation of Workforce Housing units in the Historic Millwork District.
RESOLUTION ��o Approving a request for proposal for the Local Revolving
Loan Fund for workforce and market -rate housing in the Historic Millwork District
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Lynch
/// Resnick
Vg
raig
/ Buol
,/,
ones
18. Bee Branch Right -of -Way
City Manager recommending approval of a term sheet that would be the basis of a
revised Development Agreement with Highway 151/61 Development Group for
acquiring additional right -of -way through the former Pack site for the Bee Branch Creek
Restoration Project.
Suggested Disposition: Receive and File; Approve
23
Ay
Lynch
Resnick
1- Brai'g
Buol
onnors
ones
Nays
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.
Motion t
COUNCIL MEMBER REPORTS
PUBLIC INPUT
CLOSED SESSION
Pending Litigation and Property Acquisition — Chapter 21.5(1)(c)(j) Code of Iowa
24
Aye
/ ,/j Lynch
Resnick
Voetberg
Braig
Buol
Connors
) Jones
Nays