9 2 08 Clerk's Skeleton NotesCity Employer Support of the Guard and Reserve Week (September 14 - 20, 2008)
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CoNSENTITEMS
~~Aye~ a Nays
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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
2
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
5. Sale of Property - 141 East 11t" Street
City Manager recommending approval of the sale of property located at 141 East 11t"
Street to Doug Horsfall/Horsfall, Inc., as part of the condominium renovation project
located adjacent at 1126 White Street.
RESOLUTION d ' _ , ~ Approving the sale of real estate located at 141 East
11t" Street in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
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
3
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
~. 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
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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
Ayes Nays
Jones
Lyncn
Resnick
Voetberg
raig
Ruol
Connors
4
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
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Eraig
Suol
Connors
5
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
16. German Bank Building Renovation Project
City Manager recommending approval of the loan agreement fora $300,000 Downtown
Rehabilitation Loan, $10,000 Facade Grant and $10,000 Design Grant for the German
Bank Renovation Project.
RESOLUTION ` ~' ~'` Authorizing execution of a Downtown Rehabilitation
Loan, Facade 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
U.S. 52 from 32nd Street to the Northwest Arterial.
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RESOLUTION Approving the Iowa Department of Transportation
Agreement for 2009-16-008 Final (US 52 from 32nd Street to Northwest Arterial in
Dubuque) for the Drainage Improvement and Hot Mix Asphalt (HMA) Resurfacing
Project on US 52 between 32nd Street and the Northwest Arterial
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
6
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 ~ ~~ F 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
Ayes Nays
J®nes
Lyncn
Resnick
Voetberg
Braig
uol
Connors
7
ITEiVIS TO BE SET FOR PUBLIC bIEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
Ayes Nays
Jones
Lynch
~ Resnick
~` Voetberg
' Braig
~"~ Buol
,~ Connors
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 blearing
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 - ~1 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
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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 293-08, 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
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 ~e~ 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 a~a ~ of Necessity
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
9/15/08
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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. 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
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
10
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
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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
Ayes Nays
-~ Jones
Lynch
Resnick
~woetberg
Braig
Buol
Connors
11
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 Nays
~~,~" Jones
Lynch
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'~ ~ Resnick
,~{' Voetberg
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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
Ayes ; Nays d , -~
-Jones `
Lynch
r~° Resnick
Voetberg
`~ . Braig
Buol
Connors
12
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 blearing
9/2/013
Ayes Nays
Jones
~`' lynch
Resnick
Voetberg
Braig
Buol
x Connors
f.
13
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.
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RESOLUTION ~ , :,~ ~~r 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
Ayes Nays ~.
5,Jones
Lynch
Resnick
Voetberg
Craig
,~ ,Buol
Connors
14
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
A¢ye~ Nays
Jones
<~ Lynch
Resnick
%' ~ i
Voetberg
~~ Braig
~8 ,~ Buol
Connors
REINSTATE TWE RULES
This action limits discussion to the City Council.
ayes Nays
Jones
.k` Lynch
~,, Resnick
~' , _...Voetberg
f° Braig
Buol
~` Connors
15
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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
Aye~x{3 Nays
k ~~Jones
'~ Lynch
Resnick
~'~ ' Voetberg
~raig
Euol
FT{` Connors
3
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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
~;
Ayes Nays
_.. Tones
~.ynch
,, Resnick
Voetberg
Braig
Buol
Connors
17
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 s~ 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
Ayes, Nays ~
~"~ Jones f
~~'
~ Lynch
~` Resnick
r~ Voetberg
~~`~ Braig
~, ' : .Buol
Connors
dyes Nays
Jones
Lynch
~~ ~, Resnick
°~ ` Voetberg
F ,' Braig
,~
Buol
a Connors
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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
Ayes Nays
Jones
Lynch
Resnick `~
Voetberg
13raig
Buol
~ Connors
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Ayes Nays
v "' Jones
~'
r Lynch
~'` Resnick
Voetberg
Braig
Buol
~ Connors
19
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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
Ayes Nays
Jones
Lynch
Resnick
~voetberg
~Braig
,Buol
~~
' 'Connors
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
ayes Nays
Jones
r Lynch
'~ Resnick `{
~~ ~~ Voetberg
~'y,' Braig
Buol
~~ ~~
?Connors
20
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
Ayes , Nays
Jones
Lynch
~ ` Resnick
Voetberg
Braig
~` <,Buof
,r° ~ ; ~ ;Connors
yes Nays
Jones
~~ Lynch
~~
~ ~ Resnick
k~ ° Voetberg
,~ Braig
Buol
Connors
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8. U.S. Highway 52 Resurfacing - 32nd Street to the Northwest Arterial Project
City Manager recommending award of the public improvement contract for the U.S.
Highway 52 Resurfacing - 32nd 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 Resurfacing - 32n Street to the Northwest Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution
Ayes Nays
Jones
Lynch
Resnick
~` Voetberg
,~'`` Braig
`` Buol
.Connors
,~
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
Ayes Nays
Jones
~`~ Lynch
~` Resnick
~Voetberg
Braig
`` Buol
°f Connors
22
C®UNCIL 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
Motion to go into Closed Session at
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Motion to adjourn at ~ " ~-`-~`
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,~~y e~-~;} Nays
'` ~ Jones
,
~ ,
Lynch
''m Resnick
~ ,~~ ;Voetberg
~` Braig
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.Connors
Ayes Nays
Jones
Lynch
Resnick
Voetberg
Braig
Buol
Connors
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