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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) 10 _ 4tee_-\77 ,eeeff-,? 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 N U J' AP P V) ! 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 20 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