Minutes_City Council Proceedings 7 6 10
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on July 6, 2010 in the Historic
Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Pastor Paul Bishop of Hope Church
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Braig requested (#9) Highway 151 & 61 Development –
Setting Fair Market Value – 0.0396 Acres be held for separate discussion. Motion carried 6-0.
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
Upon motion the documents were received and filed.
Notice of Claims/Suits: Mary C. LeGrand for vehicle damage. Upon motion the documents
were received, filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Austin Karl Millius for
vehicle damage; Mary C. LeGrand for vehicle damage. Upon motion the documents were
received, filed and concurred.
Citizen Communication: Communication from Glen P. Nodolf, 398 Main Street, regarding a
clean energy proposition. Upon motion the documents were received and filed.
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. Upon motion the documents were received, filed and made a Matter of Record.
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. Upon
motion the documents were received and filed and Resolution No. 219-10 Approving a Fiscal
Year 2010 (Program Year 2009) Annual Action Plan – Amendment #3 for Community
Development Block Grant Recovery (CDBG-R) funds was adopted.
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. Upon motion the documents were received and filed and Resolution No. 220-10
Approving a Fiscal Year 2011 (Program Year 2010) Annual Action Plan – Amendment #1 for
Community Development Block Grant (CDBG) funds was adopted.
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. Upon motion the
documents were received and filed.
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. Upon motion the documents were received and filed.
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. Motion by
Jones to receive and file the documents and adopt Resolution No. 221-10 Establishing the fair
market value of certain real property owned by Highway 151 & 61 Development. Seconded by
Connors. Motion carried 6-0.
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. Upon motion
the documents were received and filed and Resolution No. 222-10 Establishing the fair market
value of certain real property owned by Highway 151 & 61 Development was adopted.
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. Upon motion
the documents were received and filed and Resolution No. 223-10 Establishing the fair market
value of certain real property owned by Highway 151 & 61 Development was adopted.
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. Upon motion the
documents were received and filed and Resolution No. 224-10 Establishing the fair market
value of certain real property owned by Highway 151 & 61 Development was adopted.
City Manager Employment Agreement: Submittal of the Twentieth Amendment to the City
Manager’s Employment Agreement for approval. Upon motion the documents were received,
filed, and approved.
2
Workers’ Compensation Claim: City Manager recommending approval of the settlement of
the workers’ compensation claim of John Splinter. Upon motion the documents were received,
filed, and approved.
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
th
improvements to the 18 and Central Avenue building. Upon motion the documents were
received, filed, and approved.
Liquor License Refund: Request of Ann Cunningham for a refund of Beer and Liquor
License No. LC0036524 in the amount of $422.50. Upon motion the documents were received,
filed and the refund approved.
Business Licenses: City Manager recommending approval of annual liquor license renewals
as submitted. Upon motion the documents were received and filed and Resolution No. 225-10
Granting the issuance of eight renewal applications to sell cigarettes and cigarette papers
within the City; Resolution No. 226-10 Granting the issuance of a Class “C” Beer Permit to K-
Chap Foods; and Resolution No. 227-10 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 were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Jones. Motion carried 6-0.
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. Upon
motion the documents were received and filed and Resolution No. 228-10 Setting the date for
the public hearing on Amendment No. 1 to the Fiscal Year 2011 budget for the City of
Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July
19, 2010 in the Historic Federal Building.
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. Upon motion the documents
were received and filed and Resolution No. 229-10 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 was adopted, setting a public hearing for a
meeting to commence at 6:30 p.m. on July 19, 2010 in the Historic Federal Building.
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. Upon motion the
documents were received and filed and Resolution No. 230-10 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
3
publication of notice thereof was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on July 19, 2010 in the Historic Federal Building.
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. Upon motion the documents were received and filed and
Resolution No. 231-10 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 was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on July 19, 2010 in the Historic Federal
Building.
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. Upon motion the documents were received and filed and
Resolution No. 232-10 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 was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on July 19, 2010 in the Historic Federal Building.
stnd
Central Avenue Water Main (21 to 32 Streets) Project: City Manager recommending
stnd
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. Upon motion the documents were received
and filed and Resolution No. 233-10 Preliminary approval of plans, specifications, form of
contract, and estimated cost, setting date of public hearing and ordering bids for the Central
stnd
Avenue Water Main (21 to 32 Streets) Project; Resolution No. 234-10 Approving the plat,
schedule of assessments and estimate of total cost and setting date of public hearing on
Resolution of Necessity; and Resolution No. 235-10 Resolution of Necessity for the Central
stnd
Avenue Water Main (21 to 32 Street) Project were adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on July 19, 2010 in the Historic Federal Building.
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. Upon motion the documents were received and filed and
Resolution No. 236-10 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 was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on July 19, 2010 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: 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 /
4
Engineer); and John Schwendinger, 800 Kelly Lane (Journeyman / Carpenter). Mr. Kolf spoke
in support of his re-appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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. Motion by Jones to receive and file the documents and adopt Resolution No. 237-10
Approving the Ice Harbor as the selected location for the Port of Dubuque Riverfront Marina
Project. Seconded by Connors. Mona Woodward, 13895 Barrington Drive, spoke in favor of
the project. Jerry Schollmeyer, 14292 Green Hill Drive, spoke in favor of the project. Braig
questioned the concerns raised by Mississippi River Museum Executive Director Jerry Enzler.
Responding to questions from City Council, Van Milligen stated that it is the City’s strong
preference to have a land-based dock-side building. Assistant City Engineer Bob Schiesl
stated that discussions with the museum are on-going regarding the issues Mr. Enzler raised.
Schiesl clarified that the grant funding requires a minimum of 68 slips and the layout provides
for 70 with one reserved for a fire boat. Changing the location from the main channel to the Ice
Harbor does not jeopardize the Tier 2 grant funding. The current layout accommodates harbor
users, minimum slip requirements and does not encroach into the harbor. Property owners
have been positive about the project. A cost and maintenance projection can be developed as
the project progresses. Project bid is anticipated in late fall beginning with the construction of
the land building. Docks will be fabricated offsite during the winter months and assembled and
installed onsite in spring 2011. Grant funding requires docks built for boats 26 feet in length or
larger, but doesn’t prohibit access for canoes and kayaks. Motion carried 5-1 with Braig voting
nay.
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. Motion by Jones to receive and file the documents and
adopt Resolution No. 238-10 Disposing of an interest in real property owned by the City of
Dubuque by lease between the City of Dubuque and Dubuque County. Seconded by Lynch.
Motion carried 6-0.
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
th
at 1765 – 1795 Washington Street and 260 East 18 Street and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 239-
10 Disposing of real property by revising, restating and vacating various easements related to
the Washington Street Row Houses Projectover portions of Lots 90 and 91 in the City of
Dubuque. Seconded by Resnick. Responding to questions from City Council, Community
Development Specialist Aggie Tauke stated that rain water roof runoff would be drained
directly into the storm sewer and that the use of pervious surfaces has not yet been
determined but will be reviewed. Motion carried 6-0.
5
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. Motion by Lynch to receive and file the documents and adopt Resolution No. 240-10
Approving plans, specifications, form of contract, and estimated cost for the IA 32 and Asbury
Road Turn Lane Improvements Project. Seconded by Jones. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
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. Motion by Braig to receive and file the documents and adopt Resolution No.
241-10 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 No. 242-10 Approving the plat, schedule of assessments and estimate of total cost
and setting date of public hearing on Resolution of Necessity; and Resolution No. 243-10
Resolution of Necessity for the Sunset Ridge Reconstruction Project setting a public hearing
for a meeting to commence at 6:30 p.m. on July 19, 2010 in the Historic Federal Building.
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 College.
Motion by Lynch to receive and file the documents and adopt Resolution No. 244-10
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, setting a public hearing for a meeting to commence at
6:30 p.m. on August 2, 2010 in the Historic Federal Building. Seconded by Connors. Resnick
stated his concerns regarding the effect of traffic on the existing retaining wall, asked what can
be done to improve winter conditions on Alta Vista and Cornell Streets, student and resident
safety, and emergency vehicle response time. Jones stated that the alternative routes should
be improved and made safer if the City considers this request. Motion carried 6-0.
Harvest View Estates Sixth Addition: City Manager recommending approval of the final plat
of Harvest View Estates Sixth Addition. Motion by Connors to receive and file the documents
and adopt Resolution No. 245-10 Approving the final plat of Harvest View Estates Sixth
Addition in the City of Dubuque. Seconded by Jones. Motion carried 6-0.
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. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Braig. Motion carried 6-0.
6
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. Motion by Jones to receive and file
the documents and approve the recommendation. Seconded by Connors. Motion carried 6-0.
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. Motion by Connors to receive and file
the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-0.
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. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Jones. Motion carried 6-0.
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. Motion by Jones to receive and file the documents and approve
the recommendation. Seconded by Resnick. Responding to questions from City Council,
Police Chief Mark Dalsing stated that the grant would allow the public and parochial schools to
finance on-going needs at one time. Motion carried 6-0.
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. Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Braig. Motion carried 6-0.
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. Motion by Jones to receive and file the documents
and adopt Resolution No. 246-10 Awarding public improvement contract for the Tenth and
Central Parking Ramp and Fire Headquarters Expansion Project. Seconded by Connors.
Motion carried 6-0.
Eighth Street Parking: City Manager recommending approval of the addition of metered
parking directly in front of the Grand Theater on Eighth Street. Motion by Connors to receive
and file the documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be passed
be suspended. Seconded by Braig. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 37-10 Amending
the City of Dubuque Code of Ordinances Section 9-14-321-602 (D)-Prohibited Parking on City
Streets or Portions Thereof. Seconded by Braig. Motion carried 6-0.
thth
Green Alley Project – 15 to 16 Street from Washington to Elm Streets: City Manager
th
recommending award of the public improvement contract for the Green Alley Project – 15 to
7
th
16 Street from Washington to Elm Streets to Connolly Construction in the amount of
$154,046.52. Motion by Braig to receive and file the documents and adopt Resolution No. 247-
thth
10 Awarding public improvement contract for the Green Alley Project – 15 to 16 Street from
Washington to Elm Streets. Seconded by Jones. Motion carried 6-0.
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. Motion by Connors to receive and file the documents and adopt Resolution No.
248-10 Awarding public improvement contract for the Dubuque Regional Airport – Jet Drive
Resurfacing Project. Seconded by Braig. Motion carried 6-0.
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. Motion by Lynch to receive and file the documents and adopt
Resolution No. 249-10 Awarding public improvement contract for the IA 32 Geometric and
Signalization Improvements – US 20 to JFK Road Project. Seconded by Connors. Motion
carried 6-0.
Kaufmann Avenue Resurfacing Project: City Manager recommending that the competitive
bids received for the Kaufmann Avenue Resurfacing Project be rejected. Motion by Jones to
receive and file the documents and adopt Resolution No. 250-10 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. Seconded by Braig.
Motion carried 6-0.
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. Motion by Lynch to receive
and file the documents and adopt Resolution No. 251-10 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. Seconded by Braig.
Responding to questions from City Council, City Engineer Gus Psihoyos stated that the
partnership includes on-site sample collection and may initiate additional funding opportunities
through the IDNR. Motion carried 6-0.
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. Motion by Jones to receive and file the documents and adopt
Resolution No. 252-10 Approving a request for proposal for the Local Revolving Loan Fund for
workforce and market-rate housing in the Historic Millwork District. Seconded by Braig.
Responding to questions from City Council, Economic Development Director Dave Heiar
addressed unit square footage and stated that this program is geared toward the Millwork
District housing only. Motion carried 6-0.
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
8
for acquiring additional right-of-way through the former Pack site for the Bee Branch Creek
Restoration Project. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Jones. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Jones acknowledged the hard work of the emergency response staff who attended to those
injured at the Independence Day parade accident in Bellevue and expressed the Council’s
sympathy.
nd
Connors invited citizens to look at the attractiveness of the 32 Street Detention Basin.
Connors also asked that staff follow up and review mitigation of run-off caused by fund-raising
and commercial car washes as requested in previous communications from the Environmental
Stewardship Advisory Commission.
Buol thanked the sponsors and volunteers who planned and participated in the fireworks
display on July 3 and read a thank-you letter from Ted and Rose White about the event into
the record.
There being no further business, upon motion the City Council adjourned at 8:20 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 7/14
9