8 2 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, AUGUST 2, 2010
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
/
PRES T: MAYO /BUOL, COUNCIL MEMBER RAIG, C NORS, J NES, LYf4 H,
RES CK, VOET ERG
CITY MANAGER VAN LLIGEN; CITY ATTO EY LINDAHL
ABSENT:
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
United Way Campaign Time (August 2010)
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.
INVOCATION
Pastor Kristian Kincaid, Our Redeemer Lutheran Church
/
Responsible Gaming Education Week (Aug 2 -6, 2010)
CONSENT ITEMS
Ey
f/ s Resnick
Voetberg
raig
v Buol
Connors
Jones
(..//) Lynch
2
Suggested Disposition: Receive and File; Concur
Nays
1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 5/25, 6/10 and 6/16; City Council of
7/19; Library Board of Trustees of 4/22; Historic Preservation Commission of 7/15;
Housing Commission of 5/25
Library Board of Trustees Update from the Meeting of July 22, 2010
Proof of publication of City Council Proceedings of July 6, 2010
Suggested Disposition: Receive and File
2. Notice of Claims /Suits
Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle damage; Gayle
Walter for personal injury; Karen L. Candee for property damage; Jennifer Bries for
vehicle damage; Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle
damage; Neil and Beth Pitman for property damage; Dan and Lori Dolphin for property
damage; Dorothy L. Lester vs. City of Dubuque, an Iowa Municipal Corporation
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: Stephanie
Schad) for personal injury/property damage; Erin Fitzsimmons for vehicle damage; Tom
Juergens for personal injury; Gayle Walter for personal injury; Jennifer Bries for vehicle
damage; Neil Pitman for property damage
3. First Half of 2010 Weed Assessments
City Manager recommending approval of the levy of special assessments for the first
half of the 2010 Weed Enforcement Program in the total amount of $1,372.15.
RESOLUTION c7 Adopting the schedule of assessments for the first half of
the 2010 Weed Enforcement Program and directing the City Clerk to certify the
schedule of assessments to the County Treasurer and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution
4. Highway 61 / 151 South Water Main Extension Project
City Manager recommending acceptance of the Highway 61 / 151 South Water Main
Extension Project as completed by McClain Excavating Company, Inc. in the final
contract amount of $117,084.26.
RESOLUTION Accepting the Highway 61 / 151 South Water Main
Extension project and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
5. Friends of the Mines of Spain Historic District Public Improvement Program
(HDPIP) Request
Historic Preservation Commission recommending approval of $25,000 in Historic
District Public Improvement Program (HDPIP) funds for the Junkermann Farm and
Meskwaki Interpretive Exhibits as part of the Mines of Spain Exhibit and Education
Program.
Suggested Disposition: Receive and File; Approve
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
3
6. Operation: New View
Communication from Tom Stovall, Operation: New View, thanking the City Council for
their support of the $18,805 Purchase of Service contract.
Suggested Disposition: Receive and File
7. Novell Multi -Year Support Agreement
City Manager recommending approval of a three -year Novell software licensing and
support agreement as proposed by Arrow Enterprise Computing Solutions, Inc.
Suggested Disposition: Receive and File; Approve
8. IA 32 and Asbury Road Turn Lane Improvements Project
City Manager recommending approval of the award of the contract for the IA 32 and
Asbury Road Turn Lane Improvements Project to Eastern Iowa Excavating and
Concrete, LLC, in the amount of $410,312.15.
RESOLUTION 8 Awarding public improvement contract for the IA 32
and Asbury Road Turn Lane Improvements Project
Suggested Disposition: Receive and File; Adopt Resolution
9. US 52 Traffic Flow Enhancement Project
City Manager recommending approval of the award of the contract for the US 52 Traffic
Flow Enhancement Project to Portzen Construction, Inc., in the amount of $970,792.42.
RESOLUTION 3, Awarding public improvement contract for the US 52
Traffic Flow Enhancement Project
Suggested Disposition: Receive and File; Adopt Resolution
4
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
10. Central Avenue Water Main (21 to 32 Street) Project
City Manager recommending approval of the award of the contract for the Central
Avenue Water Main (21 to 32 Street) Project to Drew Cook & Sons Excavating Co.
Inc., in the amount of $492,512.00.
RESOLUTION - Awarding public improvement contract for the Central
Avenue Water Main (21 to 32 Street) Project
Suggested Disposition: Receive and File; Adopt Resolution
11. Bus Wrap Advertising
City Manager recommending that all of the responses to the Request for Proposals for
bus wrap advertising be rejected and that a local plan be implemented.
Suggested Disposition: Receive and File; Approve
12. Proceedings to Direct Advertisement for the Sale of Water Revenue Bonds
City Manager recommending approval to advertise the sale of $5,700,000 Water
Revenue Bonds and approve electronic bidding procedures and the form of notice of
sale.
RESOLUTION %./ Directing the advertisement for sale of $5,700,000
Water Revenue Bonds
Suggested Disposition: Receive and File; Adopt Resolution
13. Request for Proposals — Structural Modifications to Floodwall Levee
City Manager recommending approval of the issuance of a Request for Proposals for
structural analysis of the Dubuque levee and floodwall system in accordance with the
levee certification requirements of the National Flood Insurance Program regulations.
Suggested Disposition: Receive and File; Approve
5
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
14. Purchase of Property — Hwy 151 & 61 Development, LLC and SB Development,
LLC
City Manager recommending acceptance of the Warranty Deeds from Hwy 151 & 61
Development, LLC and SB Development, LLC for acquisition of right -of -way for the Bee
Branch Creek Sewer Project.
RESOLUTION c9 Accepting the deed to certain real estate in Dubuque
County, Iowa from Hwy 151 & 61 Development, LLC
RESOLUTION c:2e Accepting the deed to certain real estate in Dubuque
County, Iowa from SB Development, LLC
Suggested Disposition: Receive and File; Adopt Resolutions
15. Dubuque 2.0
Communication from Justin Thiltgen, Director — Dubuque 2.0, providing an update on
Dubuque 2.0.
Suggested Disposition: Receive and File
16. Federal Transit Administration
City Attorney providing the requisite opinion of counsel for the benefit of the Federal
Transit Administration in connection with the application of the City for Federal
transportation assistance.
Suggested Disposition: Receive and File
17. Federal Emergency Management Agency (FEMA)
Communication from Senator Charles Grassley thanking the City for providing his staff
with an update on the status of the work with the Federal Emergency Management
Agency (FEMA) regarding the City's preliminary flood plain map.
Suggested Disposition: Receive and File
6
Ayes Nays
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
18. City Development Board
Communication from the City Development Board providing notice of meeting to
reconsider voluntary annexation in the matter of the City of Asbury voluntary annexation
including non - consenting owners within the urban area of the City of Dubuque.
Suggested Disposition: Receive and File
19. Office of the City Assessor
Communication from Richard A. Engelken, City Assessor, advising that the Board of
Review has one appeal before the Property Assessment Appeal Boards in Des Moines
and four appeals before the Iowa District Court.
Suggested Disposition: Receive and File
20. Quarterly Investment Report
City Manager transmitting the June 30, 2010 Quarterly Investment Report.
Suggested Disposition: Receive and File
21. Iowa Department of Transportation — Local Road Detour Agreement
City Manager recommending approval for the Mayor to execute an agreement with the
Iowa Department of Transportation for the use of local roads as an authorized detour
route for the Central Avenue (21st —
32 Street) Water Main Project.
RESOLUTION .%7'1:f / Approving the Iowa Department of Transportation
Agreement for use of local agency roads as detours for the Central Avenue (US 52)
Water Main Project
Suggested Disposition: Receive and File; Adopt Resolution
7
Ayes
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
Nays
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
dyes
1. 73 CHS Forward, LLC — Development Agreement
City Manager recommending that a public hearing be set for August 16, 2010 to
consider entering into a Development Agreement with 73 CHS Forwards, LLC on the
property located at 299 Main Street, the former Cooper Wagon Works building.
RESOLUTION c986 Fixing the date for a public hearing of the City Council of
the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment
Revenue Obligations and the execution of a Development Agreement relating thereto
with 73 CHS Forwards, LLC, and providing for the publication of notice thereof
Suggested Disposition: _ Receive and File; Adopt Resolution; Public Hearing
8/16/10
2. Southwest Arterial Project: North Cascade Road Reconstruction
City Manager recommending that a public hearing be set for August 16, 2010 on the
North Cascade Road Reconstruction Project (Phase I of the Southwest Arterial Project).
RESOLUTION A Setting date of public hearing on plans, specifications,
form of contract and estimated cost for the Southwest Arterial Project: North Cascade
Road Reconstruction
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
8/16/10
8
Resnick
Voetberg
raig
Buol
Connors
Jones
Lynch
Nays
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.
Historic Preservation Commission
One 3 -year term through July 1, 2013, (Term of Whalen) West 11 Street Historic Preservation
District resident requirement y
Applicant:
Dr. John Whalen, 1105 Highland Place
Appointments to the following Boards /Commissions:
Housing Commission
Three 3 -year terms through August 17, 2013 (Term of
Applicants:
arbara Fischer, 617 Lincoln Avenue
Jidy Root, 1008 Walnut Street
orothy Schwendinger, OSF, 3525 Winds •r Avenue
Ayes
,// Resnick
Voetberg
✓ /Braig
Buol
onnors
ones
Lynch
Transit Advisory Board
One 3 -year term through July 30, 2011 (Vacant term of Croissant)
One 3 -year term through July 30, 2013 (Term of Scharnau)
Applicants:
Ruth Scharnau, 2905 Wilderness Drive
Lu Ann Schmidt, 3395 Jackson Street
9
Resnick
Voetberg
Braig
Buol
/ Connors
✓ f iones
Lynch
y, Root and Schwendinger)
Nays
Nays
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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
1 Resnick
Voetberg
Braig
Buol
� onnors
Jones
/)Lynch
Suggested Disposition: Receive and File; Adopt Resolutions
10
Nays
1. Vacating Petition — Portion of Cox Street
Proof of publication on notice of public hearing to consider a request from Loras College
President Jim Collins to vacate and purchase a portion of Cox Street and City Manager
recommending approval.
City Manager providing follow -up to the questions asked about the possible vacation of
Cox Street.
Communications from Michael and Jackie Mulgrew, Ray Martelle, Bob Selle, Giles Ede
and Carol Nestby in opposition to the proposed closing of Cox Street.
Communication from Roman and Nancy Ciapalo, 1209 Highland Place, in support of the
vacating and disposal of a portion of Cox Street to Loras College.
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.
RESOLUTION Approving the plat of proposed vacated portion of Cox
Street from Loras Boulevard to West 17 Street
RESOLUTION cf/ Vacating a portion of Cox Street from Loras Boulevard to
West 17 Street
RESOLUTION Disposing of City interest in Lot 1A of City Lot 741 in
the City of Dubuque, Dubuque County, Iowa
'yes
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
Ayes
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
Nays
Nays
2. Dubuque County Historical Society Lease for Mississippi Plaza Property
Proof of publication on notice of public hearing to consider the Fourth Amendment to the
Lease Agreement with the Dubuque County Historical Society for the National
Mississippi River Museum and Aquarium and the new National River Center and City
Manager recommending that this item be tabled to August 16, 2010 upon completion of
the public hearing.
Suggested Disposition: Receive and File; Table to August 16, 2010
7 Ayes Nays
Resnick
i � � oetberg
raig
/ Buol
)Jone
Connors
Lynch
12
l�
3. Sewer Revenue Capital Loan Notes
Proof of publication on notice of public hearing to consider the issuance of not to exceed
$65,000,000 Sewer Revenue Capital Loan Notes and City Manager recommending
approval.
RESOLUTIONc?f3 Instituting proceedings to take additional action for the
authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$65,000,000 Sewer Revenue Capital Loan Notes
Suggested Disposition: Receive and File; Adopt Resolution
/ Ayes
/ Resnick
Voetberg
// Braig
Buol
Connors
/ Jones
Lynch
REINSTATE THE RULES
This action limits discussion to the City Council.
13
Resnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
Nays
Nays
ti
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. Sale of General Obligation Bonds
City Manager advising that the results of the sale of $4,470,000 General Obligation
Bonds, Series 2010A; $2,675,000 Taxable General Obligation Urban Renewal Bonds,
Series 2010B; and $2,825,000 General Obligation Urban Renewal Bonds, Series
2010C will be brought to the August 2, 2010 City Council meeting for approval.
RESOLUTION 7 Directing sale of General Obligation Bonds, Series 2010A
RESOLUTION 7 7 Directing sale of Taxable General Obligation Urban
Renewal Bonds, Series 2010B
RESOLUTION Directing sale of General Obligation Urban Renewal
Bonds, Series 2010C
RESOLUTION % 7 Authorizing the redemption of the outstanding General
Obligation Bonds, Series 2002B, dated March 1, 2002, of the City of Dubuque, Iowa,
and directing Notice of Redemption
Suggested Disposition: Receive and File; Adopt Resolutions
//
Ayres Nays I N
// Resnick
// Voetberg
// Braig
/ Buol
Connors
1
Jones
Lynch
14
2. Sunset Ridge Reconstruction Project — Motion to Reconsider
Council Member Braig requesting that the July 19, 2010 vote on the motion to approve
the Sunset Ridge Reconstruction Project be reconsidered.
Suggested Disposition: Receive and File; Motion to Reconsider
Ayes Nays
Resnick
Voetberg
/ (9 Braig
Buol
// Connors
ones
✓ ynch
3. Sunset Ridge Reconstruction Project
Communication from Steve Conlon, 655 Sunset Ridge, advising that the majority of
residents of Sunset Ridge would like to rescind their opposition to sidewalk installation
and request that the City Council approve the Sunset Ridge Reconstruction Project.
City Manager recommending approval of the Sunset Ridge Reconstruction Project with
a revised project schedule.
RESOLUTION c .9-f7 Approving plans, specifications, form of contract, and
estimated cost for the Sunset Ridge Reconstruction Project
RESOLUTION 9J With respect to the adoption of the Resolution of
Necessity for the Sunset Ridge Reconstruction Project
RESOLUTION . -?"v Approving schedule of assessments and estimate of
total cost for the Sunset Ridge Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes
// Resnick
Voetberg
� Braig
Buol
Connors
/ Jones
Lynch
15
Nays
8
0 4
4. Trash and Ash Cans on Public Right -of -Way
City Manager recommending approval of general guidelines for ash and trash cans
placed on public right -of -way.
Suggested Disposition: Receive and File; Approve
5. Repeal of Cell Phone Ordinance
Suspend the Readings
Ayes. t/ ' Nays
Resnick
Voetberg
Braig /
Buol
./ Connors
Jones
Lynch
Aye
/ Resnick
Voetber
Braig /
Buol ✓
Connors
Jones
Lynch
City Manager recommending that the cell phone ordinance be repealed due to the
adoption of State legislation on texting and cell phone use.
ORDINANCE Repealing Ordinance No. 11 -10 Prohibiting the Use of
an Electronic Communications Device While Operating a Motor Vehicle
Suggested Disposition: Receive and File; Motion B; Motion A
Final Reading and Adopt
r
Aye Nayes
J Resnick
Voetberg
A Braig
Buol
Connors
/
Jones
Lynch
16
Nays
i
6. Fiscal Year 2011 Dubuque County REAP Plan
City Manager recommending approval of the City of Dubuque's update of the Fiscal
Year 2011 Dubuque County REAP Plan, submittal of the Fiscal Year 2011 REAP grant
application for installation of the Iowa 32 Bike / Hike Trail — Phase 4 Project and
appointment of a City Council representative (currently Council Member Joyce Connors)
to the REAP Committee.
RESOLUTION _501
50 Authorizing REAP Grant application to Iowa
Department of Natural Resources for Iowa 32 Bike /Hike Trail (Phase 4)
Suggested Disposition: Receive and File; Adopt Resolution; Council
Appointment
7. 2009 International Fire Code
City Manager recommending approval of the adoption of the 2009 International Fire
Code published by the International Code Council, Inc.
ORDINANCE 4- z / b Amending City of Dubuque Code of Ordinances Title 14
Building and Development, Chapter 1 Building Codes, Article E Fire Code and
Regulations by repealing such section and adopting a new Title 14, Chapter 1, Article E,
Sections 1 through 5 which adopt the International Fire Code, 2009 Edition, amends the
International Fire Code, 2009 Edition, as adopted, and provides for enforcement,
addresses emergent situations, and provides discretion to the Fire Chief
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ay
Resnick
Voetberg
7 � Braig
Buol
Connors
/) Jones
Lynch
Nays
Ayes
I. Resnick
Voetberg
Braig
4 Buol
Connors
/ Jones
ynch
Final Reading and Adopt
A
17
Nays
Nayes
esnick
Voetberg
Braig
Buol
Connors
Jones
Lynch
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 to adjourn at F 5 �
COUNCIL MEMBER REPORTS
PUBLIC INPUT
Ayes
// Resnick
/ / / Voetberg
raig
✓/ Buol
✓ ? onnors
Jones
Lynch
18
Nays
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