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9 2 08 City Council Agenda - No IconsROLL CALL ORDER FOR MEETING OF 9/2/08 BRAIG BUOL CONNORS JONES LYNCH RESNICK VOETBERG CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING TUESDAY, SEPTEMBER 2, 2008 PLEDGE OF ALLEGIANCE INVOCATION Pastor Dianne Christopher, St. Luke's Methodist Church SWEARING-IN Mayor Pro-Tem Kevin Lynch PROCLAMATIONS National Alcohol and Drug Addiction Recovery Month (September, 2008) City Employer Support of the Guard and Reserve Week (September 14 – 20, 2008) CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted City Council of 8/18, 8/25 and 8/26; Civil Service Commission of 8/7 and 8/20; Historic Preservation Commission of 8/21; Long Range Planning Advisory Commission of 8/20; Zoning Advisory Commission of 8/6; Proof of publication of printed City Council proceedings of August 4, 2008 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Bert and Dave Ament for property damage; US Bank National Association vs. City of Dubuque, et al; Dennis A. Roling for property damage Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Bert Ament for property damage City Attorney recommending denial of the claim of Bruce Ohnesorge for vehicle damage. Suggested Disposition: Receive and File; Concur 3. Citizen Communication Communication from David H. Parrett, 9349 April Lynne Court, regarding air-brake, air tank modifications to City vehicles. Suggested Disposition: Receive and File; Refer to City Manager 4. Purchase of Property – 7000 Pennsylvania Avenue City Manager recommending approval of the acceptance of the warranty deed from Allen F. and Mary Ann Lex for property located at 7000 Pennsylvania Avenue. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Allen F. Lex and Mary Ann Lex Suggested Disposition: Receive and File; Adopt Resolution th 5. Sale of Property – 141 East 11 Street th City Manager recommending approval of the sale of property located at 141 East 11 Street to Doug Horsfall/Horsfall, Inc., as part of the condominium renovation project located adjacent at 1126 White Street. th RESOLUTION Approving the sale of real estate located at 141 East 11 Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 2 6. Port of Dubuque Adams Development, LLC/Partial Assignment of Development Agreement for Security City Manager recommending approval of a Partial Assignment of Development Agreement for Security as requested by Brian Kane, attorney for Port of Dubuque Adams Development, LLC. Suggested Disposition: Receive and File; Approve 7. Eagle Point Water Plant Clear Well Renovation Project – Phase I City Manager recommending acceptance of the Eagle Point Water Clear Well Renovation Project – Phase I as completed by Tricon General Construction in the final contract amount of $751,181. RESOLUTION Accepting the Eagle Point Water Plant Clear Well Rehabilitation Project Phase I and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 8. Holliday Third Addition – Stormwater Facilities Fee Agreement City Manager recommending approval of the assignment of interest in the Stormwater Facilities Agreement for Holliday Third Addition from Commercial Holliday Development, LLC to both WBBW Holliday Development, LLC and Gomer Holliday Development, LLC. Suggested Disposition: Receive and File; Approve 9. Snow and Ice Removal Assessments City Manager recommending approval of the levy of special assessments for snow and ice removal. RESOLUTION Adopting the schedule of assessments for snow and ice removal specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof RESOLUTION Authorizing the City to collect delinquent snow and ice removal charges in accordance with Section 364.12.2.b of the State of Iowa Code; Section 41-86, Section 26-(b)(3) & Section 26-6.(b) of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 3 10. AmeriCorps Grant City Manager recommending approval of a three-year AmeriCorps Grant agreement with the Corporation for National and Community Service. Suggested Disposition: Receive and File; Approve 11. Four Mounds Archeological Survey Historic Preservation Commission transmitting the final report for the Four Mounds Archeological Survey and recommending City Council approval. Suggested Disposition: Receive and File; Approve 12. Request for Proposals for Engineering Services City Manager recommending approval of the issuance of a Request for Proposals for engineering services for the water main extension along Highway 61/151 south from Gateway Drive to Key West Drive. Suggested Disposition: Receive and File; Approve 13. Engineering Services – Miller Road Water Main Extension City Manager recommending approval of the issuance of a Request for Proposals for the engineering services for the water main extensions along Miller Road. Suggested Disposition: Receive and File; Approve 14. Water Pollution Control Plant – Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals for engineering design and construction services for the upgrades to the Water Pollution Control Plant. Suggested Disposition: Receive and File; Approve 15. Legislative Correspondence Communication to Senator Tom Harkin, Senator Charles Grassley and Representative Bruce Braley regarding the City’s concern over a petition currently before the Federal Communications Commission (FCC) and requesting their support in opposition to this action. Suggested Disposition: Receive and File 4 16. German Bank Building Renovation Project City Manager recommending approval of the loan agreement for a $300,000 Downtown Rehabilitation Loan, $10,000 Façade Grant and $10,000 Design Grant for the German Bank Renovation Project. RESOLUTION Authorizing execution of a Downtown Rehabilitation Loan, Façade Grant, and Design Grant to German Bank Building (342 Main Street) Renovation Suggested Disposition: Receive and File; Adopt Resolution 17. Workers’ Compensation Settlement City Manager recommending approval of the settlement agreement for the workers’ compensation claim of Francis Marshall. Suggested Disposition: Receive and File; Approve 18. Agreement 2009-16-008 Final (U.S. 52 from 32nd Street to NW Arterial in Dubuque) City Manager recommending approval of the Iowa Department of Transportation Agreement for the Drainage Improvement and Hot Mix Asphalt Resurfacing Project on nd U.S. 52 from 32 Street to the Northwest Arterial. RESOLUTION Approving the Iowa Department of Transportation Agreement for 2009- nd 16-008 Final (US 52 from 32 Street to Northwest Arterial in Dubuque) for the Drainage nd Improvement and Hot Mix Asphalt (HMA) Resurfacing Project on US 52 between 32 Street and the Northwest Arterial Suggested Disposition: Receive and File; Adopt Resolution 19. Curtis Collection City Manager recommending approval of the sale of the Curtis Collection to the Dubuque Cultural Preservation Committee through the Purchase Agreement and Purchase Agreement Addendum. Suggested Disposition: Receive and File; Approve 20. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “B” Beer Permit (5-Day Special Event) to Dubuque Jaycees, Rhody’s, and Colts Community Center; and a Class “C” Beer Permit to Wal-Mart Supercenter and Eagle Country Market RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License (5-Day Special Event) to Clarke College; Class “C” Beer/Liquor License to National Mississippi River Museum, Los Aztecas Mexican Restaurant; Special Class “C” (BW) Liquor License to Bandana’s Bar-B-Q; and a Class “B” Wine Permit to Eagle Country Market and Wal- Mart Supercenter Suggested Disposition: Receive and File; Adopt Resolutions 5 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Water Revenue Bonds City Manager recommending that a public hearing be set for September 15, 2008 to consider the issuance of not to exceed $1,350,000 Water Revenue Bonds to pay the costs of water main replacements and repairs, construction of water main extensions, and the acquisition and installation of pump station radio communications equipment. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $1,350,000 Water Revenue Bonds of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/15/08 2. General Obligation Bonds – Bee Branch Project City Manager recommending that a public hearing be set for September 15, 2008 to consider the issuance of not to exceed $4,000,000 General Obligation Bonds for the Bee Branch Project. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $4,000,000 General Obligation Bonds (for an essential corporate purpose) of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/15/08 3. General Obligation Bonds – Greater Downtown Urban Renewal District City Manager recommending that a public hearing be set for September 15, 2008 to consider the issuance of not to exceed $3,000,000 to provide funds for the Library Renovation Project and the Kephart Building renovations. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $3,000,000 General Obligation Bonds (for an urban renewal purpose) of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/15/08 6 4. General Obligation Bonds – Dubuque Industrial Center West Urban Renewal District City Manager recommending that a public hearing be set for September 15, 2008 to consider the issuance of not to exceed $3,100,000 General Obligation Bonds to pay the costs associated with the North Siegert Farm demolition and grading project at the Dubuque Industrial Center West (DICW). RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $3,100,000 General Obligation Bonds (for an urban renewal purpose) of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/15/08 5. Montcrest Street Sanitary Sewer Reconstruction Project City Manager recommending initiation of the public bidding process for the Montcrest Street Sanitary Sewer Reconstruction Project and that a public hearing be set for September 15, 2008 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 Montcrest Street Sanitary Sewer Reconstruction Project RESOLUTION Approving the plat, schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity RESOLUTION of Necessity Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 9/15/08 6. Carnegie Stout Public Library Renovation Project City Manager recommending initiation of the public bidding process for the Carnegie Stout Public Library Renovation Project and that a public hearing be set for September 15, 2008 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 Carnegie Stout Public Library Renovation Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/15/08 7 7. Fiscal Year 2009 Budget Amendment City Manager recommending that a public hearing be set for October 6, 2008 to consider approval of the first amendment to the Fiscal Year 2009 Budget. RESOLUTION Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2009 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/6/08 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. Environmental Stewardship Advisory Commission One 3-year term through October 1, 2011 (Term of Klostermann) Applicant: Wayne Klostermann, 2636 Queen Street Appointments to the following Boards/Commissions: Airport Commission One 4-year term through September 14, 2012 (Term of Czeshinski) Applicant: Susan Czeshinski, 2203 Sunnyslope Drive 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 1. Greater Downtown Urban Renewal District – South Port Area Proof of publication on notice of hearing to consider an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District – South Port Area and City Manager recommending approval. Communication from the Long Range Planning Advisory Commission recommending approval of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution 8 2. Dubuque Brewing and Malting Urban Renewal District Proof of publication on notice of hearing to consider creation of the Dubuque Brewing and Malting Urban Renewal District which would include approximately 14 acres of property located along Jackson Street and City Manager recommending approval. Communication from the Long Range Planning Advisory Commission recommending approval of the Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renewal District. RESOLUTION Approving the Urban Renewal Plan for the Dubuque Brewing and Malting Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 9/2/08 3. Quince Street Underground Utility Reconstruction Project Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, estimated cost and preliminary schedule of assessments for the Quince Street Underground Utility Reconstruction Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Quince Street Underground Utility Reconstruction Project RESOLUTION With respect to the adoption of the Resolution of Necessity proposed for the Quince Street Underground Utility Reconstruction Project RESOLUTION Approving schedule of assessments and estimate of total cost for the quince Street Underground Utility Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolutions 4. Fire Station No. 2 Parking Lot Reconstruction Project Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract and estimated cost for the Fire Station No. 2 Parking Lot Reconstruction Project and City Manager recommending approval. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Fire Station No. 2 Parking Lot Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolution REINSTATE THE RULES This action limits discussion to the City Council. 9 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. Historic Preservation Commission – Request for Demolition Permit Historic Preservation Commission recommending denial of a request from Richard and Kathy Neuses for a demolition permit for the existing building at 1672 Central Avenue. Suggested Disposition: Receive and File; Council 2. New Market Tax Credits City Manager recommending approval of an agreement with B&G Development, LLC for New Market Tax Credit Consulting Services. Suggested Disposition: Receive and File; Approve 3. Dubuque Industrial Center West Speculative Building City Manager recommending that the ordinance that allows not-for-profit community development entities to build an industrial spec building and receive a property tax exemption be expanded to include for-profit entities. ORDINANCE Amending City of Dubuque Code of Ordinances Chapter 15 Article VI. Speculative Shell Buildings for Community Development Organizations by amending Section 15-59 Speculative Shell Buildings: Definitions; Section 15-60 Exemption Allowed; and Section 15-61 Application for Exemption by Property Owner Suggested Disposition: Receive and File; Motion B; Motion A 4. Partial Exemption for Industrial Properties City Manager recommending approval of an amendment to the Industrial Property Tax Exemption ordinance for clarification purposes. ORDINANCE Amending City of Dubuque Code of Ordinances Section 43-21 Partial exemption for value added to industrial real estate by new construction and acquisition or improvements to certain machinery or equipment Suggested Disposition: Receive and File; Motion B; Motion A 5. American Tank and Fabrication Development Agreement City Manager recommending approval of a Development Agreement with American Tank and Fabrication to replace the agreement originally approved in 2003 with Vessel Systems. Suggested Disposition: Receive and File; Approve 10 6. Antique Fire Truck Restoration Project City Manager recommending approval of the commitment of an additional $6,000 toward the completion of the Antique Fire Truck restoration. Suggested Disposition: Receive and File; Approve 7. Chapter 5 – Alcohol Violation Fines City Manager recommending approval of an amendment to Chapter 5 – Alcoholic Beverages to be consistent with the fine schedule of the Code of Iowa. ORDINANCE Amending City of Dubuque Code of Ordinances Section 5-7 Persons Under Legal Age to reference the Iowa Code Fine Provision, Section 5-7.1 Persons under legal age prohibited from attempting to purchase or otherwise obtain alcoholic beverages and from misrepresenting the person's age by modifying required sign language, and Section 5-7.2 Persons under legal age prohibited from premises where alcoholic beverage is sold or dispensed by modifying required sign language Suggested Disposition: Receive and File; Motion B; Motion A nd 8. U.S. Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project City Manager recommending award of the public improvement contract for the U.S. nd Highway 52 Resurfacing – 32 Street to the Northwest Arterial Project to River City Paving, Inc., in the amount of $931,239.54. RESOLUTION Awarding public improvement contract for the U.S. Highway 52 nd Resurfacing – 32 Street to the Northwest Arterial Project Suggested Disposition: Receive and File; Adopt Resolution 9. Amendment to 2006 Annexation Study City Manager recommending approval of an amendment to the 2006 Annexation Study prepared by Veenstra & Kimm, Inc. Suggested Disposition: Receive and File; Approve COUNCIL MEMBER REPORTS PUBLIC INPUT 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) 2007 Code of Iowa Jeanne F. Schneider August 28, 2008 11