11 1 10 Clerk's Skeleton NotesCITY COUNCIL SPECIAL SESSION, NOVEMBER 1, 2010
COUNCIL MET IN REGULAR SESSION AT 5:00 P.M. IN THE HISTORIC FEDERAL
BUILDING
PRESENT: MAYOR BUOL, COUNCIL MEMBERS BRAIG, CONNORS, JONES, LYNCH,
RESNICK, VOE,TBRG
CITY MANAGER VAN ILLIGEN; CITY ATTORNEY LINDAHL
ABSENT: ,</
Mayor Buol read the call and stated this is a special session of the City Council to receive an
update on the Greenhouse Gas Inventory.
Motion to adjourn at
L Ayes
A
, Buol
Connors
Jones
Lynch
Resnick
Meetherg
/ 0Braig
Nays
-
6/
2 t e57747 a6
-/•
C_J
_/776,7;he,
CITY COUNCIL REGULAR SESSION, NOVEMBE 1, 2010
COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL
BUILDING
PRESS T: MAY R UOL, COUNCIL MEMBERS RAIG, CON4IORS, JO ES, LYNCH,
RESN K, VOE7BERG
CITY MANAGER VAN ,MILLIGEN; CITY ATTORNEY JNDAHL
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 Scott Griffin, Bible Baptist Church
PRESENTATIONS
Iowa Chapter of the American Planning Association — Unified Development Code —
Laura Carstens
1000 Friends of Iowa Award — Unified Development Code — Laura Carstens
Iowa Chapter of the American Planning Association — Sustainable Dubuque — Cori
Burbach
PROCLAMATIONS
Hospice Month (November 2010)
Philanthropy Day (November 15, 2010)
d e1 Z
Dubuque Main Street Week (November 1 — 7, 2010) / �P /�� Gir/G(
2
CONSENT ITEMS
Suggested Disposition: Receive and File
Suggested Disposition: Receive and File; Concur
3
Buol
Connors
Jones
Lynch
Resnick
oetberg
Braig
Nays
1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 8/31; City Council of 10/18; Historic
Preservation Commission of 10/21; Library Board of 8/26
Proof of publication of City Council Proceedings of October 4 and 12, 2010 and List of
Claims and Summary of Revenues for Month Ended September 30, 2010
2. Notice of Claims /Suits
Darlene Ryan for vehicle damage; Donald Cherba for vehicle damage; Sunnycrest
Manor for property damage; Jennifer Ney for personal injury; James and Molly Kolf for
property damage; Gerald J. Lochner for vehicle damage; Donna J. Cooksley 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: Donald Cherba
for vehicle damage; Jennifer Ney for personal injury; Anne Holmberg for personal injury;
Sunnycrest Manor for property damage; James and Molly Kolf for property damage;
Gerald Lochner for vehicle damage
3. Renewal Rates for Voluntary Dental Plan
City Manager recommending approval of the renewal rates for the City's voluntary
dental plan.
Suggested Disposition: Receive and File; Approve
4. Renewal Rates for Worker's Compensation Claims
City Manager recommending approval of the renewal rates from Alternative Services
Concepts (ASC) for services related to the administration of the City's Worker's
Compensation Program.
Suggested Disposition: Receive and File; Approve
5. Trail Project at the Bergfeld Recreation Area
City Manager recommending acceptance of the Trail Project at the Bergfeld Recreation
Area as completed by Drew Cook and Sons Excavating in the final contract amount of
$444,582.00.
RESOLUTION / 4 Accepting the Trail Project at the Bergfeld Recreation
Area and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
6. Iowa Section of the American Water Works Association
City Manager advising that Water Department Manager Bob Green has been elected to
the Chair position of the Iowa Section of the American Water Works Association Board
of Directors.
Suggested Disposition: Receive and File
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
4
7. North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project —
Phase I
City Manager recommending acceptance of the North Fork Catfish Creek Stormwater
and Sanitary Sewer Improvements Project — Phase I as completed by Anstoetter
Construction Co., in the final contract amount of $719,884.12.
RESOLUTION 2 1/7 Accepting the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements Project — Phase I and authorizing payment of the
contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
8. North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project —
Phase II
City Manager recommending acceptance of the North Fork Catfish Creek Stormwater
and Sanitary Sewer Improvements Project — Phase II as completed by Portzen
Construction, Inc., in the final contract amount of $1,052,308.47.
RESOLUTION `'l / Accepting the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements Project — Phase II and authorizing payment of the
contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
9. North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project —
Phase III
City Manager recommending acceptance of the North Fork Catfish Creek Stormwater
and Sanitary Sewer Improvements Project — Phase III as completed by Portzen
Construction, Inc., in the final contract amount of $1,626,471.56.
RESOLUTION G //? Accepting the North Fork Catfish Creek Stormwater and
Sanitary Sewer Improvements Project — Phase III and authorizing payment of the
contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
5
Nays
I
10. National Mississippi River Museum and Aquarium Rivers Center Project – Phase
I I
City Manager recommending acceptance of the construction contracts for the National
Mississippi River Museum and Aquarium Rivers Center Project – Phase II.
RESOLUTION /IX Accepting the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP -2100 (652)- 7Y -31),
Contract No. 1 – General Construction, authorizing payment of the contract amount to
the contractor
RESOLUTION q1 Accepting the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP -2100 (652)- 7Y -31),
Contract No. 2 – Food Service, authorizing payment of the contract amount to the
contractor
RESOLUTION ` Accepting the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP -2100 (652)- 7Y -31),
Contract No. 4 – Plumbing Systems, authorizing payment of the contract amount to the
contractor
RESOLUTION Las Accepting the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase I I (Iowa DOT No. EDP -2100 (652)- 7Y -31),
Contract No. 5 –HVAC Systems, authorizing payment of the contract amount to the
contractor
RESOLUTION Accepting the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP -2100 (652)- 7Y -31),
Contract No. 6 – Geothermal Well Systems, authorizing payment of the contract amount
to the contractor
RESOLUTION Accepting the National Mississippi River Museum and
Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP -2100 (652)- 7Y -31),
Contract No. 7 – Electrical System, authorizing payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
6
11. US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signal Project
City Manager recommending approval of the execution of the Iowa Department of
Transportation (Iowa DOT) Agreement for Iowa Clean Air Attainment Program (ICAAP)
funding for the US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signal
Project.
RESOLUTION Approving the Iowa Department of Transportation Federal
Aid Funding Agreement for an Iowa Clean Air Attainment Program (ICAAP) Project
(Agreement No. 6- 10- STPA -26) for the US 151/61 at US 52 and US 151/61 at
Maquoketa Drive Traffic Signal Project
Suggested Disposition: Receive and File; Adopt Resolution
12. US 151/61 Capacity Improvements Project — Consultant Selection
City Manager recommending approval of the selection of IIW Engineers and Surveyors,
P.C. to perform the street geometric and traffic signal engineering design for the
improvements along US 151/61 from US 52/Twin Valley to the Maquoketa Drive
Intersection and authorize the City Manager to negotiate a professional Services
Agreement and execute a contract with IIW Engineers and Surveyors, P.C.
Suggested Disposition: Receive and File; Approve
13. 2009 Sewer Cured -in -Place (CIPP) Pipe Lining Project
City Manager recommending acceptance of the 2009 Sewer Cured -in -Place Pipe
(CIPP) Lining Project, as completed by Visu -Sewer Clean & Seal, in the final contract
amount of $142,254.15.
RESOLUTION Accepting the 2009 Sewer CIPP Lining Project and
authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
Ayes
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
7
Nays
14. Dubuque Regional Airport Jet Center Drive Resurfacing Project
City Manager recommending acceptance of the Dubuque Regional Airport Jet Center
Drive Resurfacing Project as completed by Eastern Iowa Excavating & Concrete, LLC,
in the final contract amount of $81,567.83.
RESOLUTION V�� Accepting the Dubuque Regional Airport Jet Center Drive
Resurfacing Project and authorizing payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
15. Bee Branch Creek Restoration Project — Property Acquisition
City Manager recommending approval to purchase a commercial property located at
501 Rhomberg Avenue as part of the acquisition program associated with the Bee
Branch Creek Restoration Project.
RESOLUTION - /g / Approving the acquisition of real estate owned by Steven
J. Smith and Gary L. Carner in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
16. Certification of Local Government Approval
City Manager recommending City Council certification to the Iowa Finance Authority for
Project Concern's Homeless Shelter Operating Grant funding.
Suggested Disposition: Receive and File; Approve
17. Community Attraction and Tourism (CAT) Marketing Grant Application
City Manager recommending approval of a $15,000 Community Attraction and Tourism
(CAT) Marketing Grant application for marketing the Mines of Spain and the City's
bilingual bike /hike trail system.
RESOLUTION Support of a CAT Marketing Program Grant Application
for the Mines of Spain and City Bilingual Trail System
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
8
I
18. Federal Emergency. Management Agency
City Manager recommending approval of a response letter to FEMA which outlines the
City's concern with the FEMA DFIRM mapping project as it affects the City of Dubuque
and clarifies the inclusion of the Julien Dubuque Monument in a special flood hazard
area.
Suggested Disposition: Receive and File; Approve
19. Historic Preservation Commission Correspondence
Correspondence from the Historic Preservation Commission to the Dubuque
Community School District regarding the proposed school closures.
Suggested Disposition: Receive and File
20. Historic Millwork District Parking Lot Design — Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals for
the Historic Millwork District Parking Lot Design.
Suggested Disposition: Receive and File; Approve
21. "Timmy" Award
Communication from Mary Mulgrew Gronen advising that the Roshek Building
Redevelopment Project has won the "Best Historic Rehab Utilizing New Markets Tax
Credits" Timmy Award from the National Housing and Rehabilitation Association.
October 2010 Tax Credit Advisor Magazine with 2010 Timmy Award finalists.
Suggested Disposition: Receive and File
22. Shelter + Care Program Annual Report
City Manager recommending certification of the Shelter + Care Program annual report.
Suggested Disposition: Receive and File
Ayes
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
9
Nays
23. Dubuque Racing Association
City Manager recommending approval of the Second Amendment to Loan Agreement
between DRA and American Trust and Savings Bank, the First Amendment to the
Assignment of the City -DRA Lease Agreement, and the First Amendment to the
Negative Pledge Agreement between the City and American Trust and Savings Bank.
RESOLUTION L /fi/ Approving the Second Amendment to Loan Agreement
between Dubuque Racing Association, Ltd. and American Trust and Savings Bank
Suggested Disposition: Receive and File; Adopt Resolution
24. U.S. Department of Housing and Urban Development — Healthy Homes Program
Funding
City Manager recommending approval of an application to the U.S. Department of
Housing and Urban Development for Healthy Homes Program funding.
RESOLUTION Authorizing the Mayor to execute an application for a
Healthy Homes Production Program Grant
Suggested Disposition: Receive and File; Adopt Resolution
25. The Best Small Cities to Raise a Family
Article from Yahoo! Real Estate that Forbes has named Dubuque as the top ranked city
of "The Best Small Cities to Raise a Family."
Suggested Disposition: Receive and File
26. Claim of Camille Blackbourn for Vehicle Damage
City Attorney submitting information regarding the claim of Camille Blackbourn for
vehicle damage.
Suggested Disposition: Receive and File
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
10
1
26. Signed Contracts
A. Water Pollution Control Plant Upgrade Project — Strand Associates, Inc. —
Construction Related Services Agreement — Amendment #1
B. Water Pollution Control Plant Upgrade Project — Strand Associates, Inc. —
Cogeneration Facilities Contract
C. Water Pollution Control Plant Upgrade Project — MWH Americas, Inc. (MWH) —
Environmental Contamination Consulting Services
D. Water Pollution Control Plant Upgrade Project — Environmental Management
Services of Iowa, Inc. (EMSI) — Asbestos Removal
E. Award of the North Grandview Avenue and Rosedale Avenue Storm Sewer Repair
Project contract
F. Structural /Stability Analysis of Dubuque Levy and Floodwall
Suggested Disposition: Receive and File
27. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
V33 RESOLUTION V33 Granting the issuance of a Class "C" Beer Permit to
Friendly Locust Mart, Aldi, Inc. #30, and Kwik Stop Food Mart
RESOLUTION '/5/ Granting the issuance of a Class "C" Beer /Liquor
License to Aragon Tap, Channel Inn Restaurant and L. May; a Class "B" Wine Permit to
Aldi, Inc. #30; and a Class "WBN" Native Wine Permit to Kwik Stop Food Mart and
Dubuque Humane Society Adoption Center
Suggested Disposition: Receive and File; Adopt Resolutions
Ayes
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
11
Nays
PUBLIC HEARING
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
1. Sale of Property — 2015 Washington Street
/ Ayes
/' B
/ • Connors
/ Jones
70Lynch
Resnick
Voetberg
Braig
Nays
Proof of publication on notice of public hearing to consider the sale of property located
at 2015 Washington Street to Jerry Chase and Julie Woodyard and City Manager
recommending approval.
RESOLUTION ZV5� Approving the sale of real estate, specifically, the
northerly 46 feet of Lot 20 in Steiner's Addition or Subdivision in the City of Dubuque,
County of Dubuque, Iowa, according to the recorded plat thereof, 2015 Washington
Street
Suggested Disposition: Receive and File; Adopt Resolution
REINSTATE THE RULES
This action limits discussion to the City Council.
Ayes
o Buol
Connors
ones
Lynch
Resnick
Voetberg
raig
12
Nays
I
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. Assistance Pool to Encourage Residential Housing in Downtown
City Manager recommending approval of the issuance of a Request for Proposals for
the third round of the Downtown Housing Incentives Program.
RESOLUTION gib Authorizing the City Manager to solicit proposals for
projects to encourage market -rate downtown rental and owner - occupied residential
units in the Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Buol
Connors
Jones
Lynch
Resnick
oetberg
Braig
13
2. Alcoholic Beverages on Leisure Services Property
City Manager recommending approval of a change to the City ordinance which allows
and /or prohibits alcoholic beverages in City parks.
ORINANCE e Amending City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations,
Section 10 -5B -2 Intoxicating Beverages by prohibiting the possession, consumption, or
use of alcoholic liquor, wine, beer, or other intoxicating beverages on park roadways
and recreational trails, in park and recreation facility parking lots and vehicles within a
park, and in parks, unless specifically exempted or permitted
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings Final Reading and Adopt
Ayes v Nays Ay s Nayes
� ` Buol ! // Buol
/ Connors Connors
Jones /() Jones
Lynch/ Lynch/ /
Resnick Resnick4 �/oet oetberg
Braig J Braig
fi
14
f
3. Sister City Relationships Advisory Commission
City Council Members Kevin Lynch and Dirk Voetberg recommending creation of the
Sister City Relationships Advisory Commission.
ORDINANCE 5 9 Amending Title 2 of the City of Dubuque Code of
Ordinances by adopting a new Chapter 10 Creating the Sister City Relationships
Advisory Commission
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Ay Nays
J / Buol
Connors
j Jones
Lynch
Resnick
Voetberg
Braig
A es
Buol
Connors
Jones
/ Lynch
// Resnick
oetberg
raig
4. Cartegraph Corporation Strategic Advisory Board
City Manager advising that the City of Dubuque has been invited to participate in the
Cartegraph Corporation Strategic Advisory Board; and, if City Council accepts the
invitation, recommending appointment of a staff person- th Bo
Suggested Disposition: Receive and File; Coun
15
Final Reading and Adopt
Nayes
es Nays
Buol
Connors
/- ones
ynch
=- 'Resnick
/ Voetberg
Braig
1
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.
CLOSED SESSION
Pending Litigation and Property Acquisition — Chapter 21.5(1)(c)(j) Code of Iowa
Motion to go into Closed Session at
Motion to adjourn at 7
COUNCIL MEMBER REPORTS
PUBLIC INPUT
Ayes
Buol
Connors
Jones
Lynch
Resnick
Voetberg
Braig
Ayes
i Buol
Connors
Jones
Lynch
Resnick
Voetberg
raig
16
Nays
Nays