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3 2 09 City Council Agenda_Icons ROLL CALL ORDER FOR MEETING OF 3/2/09 CONNORS JONES LYNCH RESNICK VOETBERG BRAIG BUOL CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, MARCH 2, 2009 PLEDGE OF ALLEGIANCE INVOCATION Deacon David McGhee, Nativity Catholic Church 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 2/16 (Special and Regular Meeting), 2/17, 2/19, and 2/23 Proofs of publication of City Council Proceedings of February 2, 9 and 10, 2009 Suggested Disposition: Receive and File City Council of 2/16City Coucnil of 2/17City Council of 2/19City Council of 2/23 2. Notice of Claims/Suits Tim J. Kramer for property damage; Debra A. Heim for property damage; Peter M. and Sarah A. Ross for property damage; Denise Hoag for property damage; State Central Bank vs. City of Dubuque, et al; Charlotte A. Hansen for vehicle damage; Rowena Boyer for property damage; Rodney C. Miller for property 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: Noreen Engelken for personal injury; Nicole Lammer for personal injury; Mark W. Sarazin for property damage; Suellen Flynn for vehicle damage; Jennifer Ney for vehicle damage; Gordon Dailey for vehicle damage; Charlotte Hansen for vehicle damage; Tim Kramer for property damage; Debra Heim for property damage; Denise Hoag for property damage; Peter Ross for property damage; Rowena Boyer for property damage Suggested Disposition: Receive and File; Concur Claims - ICAP 3. Iowa League of Cities Communications from Alan W. Kemp, Executive Director of the Iowa League of Cities, advising of the following appointments: Mayor Roy Buol to the National League of Cities Energy, Environment and Natural Resources (EENR) Committee, Council Member Dirk Voetberg to the Community and Economic Development (CED) Committee, and Council Member Joyce Connors to the Human Development (HD) Committee. Suggested Disposition: Receive and File Iowa League of Cities Ltrs 4. Acquisition Plat – Devon Drive City Manager recommending approval of the acquisition plat for additional right-of-way on Devon Drive at Dodge Street (US Highway 20) which is necessary to construct a right-turn lane on the west side of Devon Drive at Dodge Street. RESOLUTION pproving the Acquisition Plat of a part of Lot 1 of Tranel Place in the A City of Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of-way for Devon Drive (Lot A) Suggested Disposition: Receive and File; Adopt Resolution 2 Vicinity Map / Plat Plat - MVM MemoPlat - Staff MemoPlat - Resolution 5. Intermodal Facility Location Study – Consultant Professional Services City Manager recommending approval of the issuance of a Request for Proposals (RFP) for engineering services required to design the Port of Dubuque Intermodal Transportation Center. Suggested Disposition: Receive and File; Approve NOTE: Material for this Agenda Item will be delivered on Friday, February 27, 2009. 6. Land and Water Conservation Fund (LWCF) Grant Agreement City Manager recommending approval of a Land and Water Conservation Fund (LWCF) grant agreement for the E.B. Lyons Interpretive Center Expansion. RESOLUTION Approving a LWCF grant agreement with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive Center Expansion. Suggested Disposition: Receive and File; Adopt Resolution LWCF - MVM MemoLWCF - Staff MemoLWCF - ResolutionIDNR LtrLWCF Program Agreement 7. Miller Riverview Park – Management Agreement City Manager recommending approval of the Management Agreement for camping at Miller Riverview Park with Kenneth M. Clayton. Suggested Disposition: Receive and File; Approve Park - MVM MemoPark - Staff MemoPark - Mgmt Agreement 8. Bunker Hill Golf Course – Management Agreement City Manager recommending approval of a Management Agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf Course for the period beginning March 1, 2009 and ending November 30, 2009. Suggested Disposition: Receive and File; Approve 3 Bunker Hill - MVM Bunker Hill - Staff Bunker Hill - Mgmt MemoMemoAgreement 9. SRF Loan Agreement – Water Pollution Control Plant Rehabilitation Project City Manager recommending approval of the suggested proceedings approving and authorizing a form of Interim Loan and Disbursement Agreement and authorizing the issuance of a Project Note to the Iowa Finance Authority. RESOLUTION Approving and authorizing a form of Interim Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $3,200,000 Sewer Revenue Capital Loan Notes Anticipation Project Note, Series 2009, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said note Suggested Disposition: Receive and File; Adopt Resolution SRF Loan - MVM SRF Loan - Staff SRF Loan - MemoMemoResolution 10. Alcohol Compliance – Civil Penalties for Alcohol License Holders City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance violation for Fat Tuesdays and The Lounge. Suggested Disposition: Receive and File; Approve Compliance - MVM Compliance - Staff Settlement MemoMemoAgreements 11. Dubuque Stamping and Manufacturing, Inc. – Development Agreement City Manager recommending approval of a Development Agreement with Dubuque Stamping and Manufacturing, Inc., who will be expanding their operation at the Jackson Street facility, adding 10 new jobs and retaining 161 positions. RESOLUTION Approving a Development Agreement for the expansion of Dubuque Stamping and Manufacturing, Inc., at the Jackson Street facility Suggested Disposition: Receive and File; Adopt Resolution Dubuque Stamp - Dubuque Stamp - Dubuque Stamp - Dubuque Stamp - MVM MemoStaff MemoResolutionDev Agreement 4 12. Community Economic Betterment Account Contract (CEBA) – Morrison Bros. City Manager recommending approval of a contract among the Iowa Department of Economic Development and Morrison Brothers for Community Economic Betterment Account Program (CEBA) and Enterprise Zone benefits for their expansion that will retain 97 jobs and create 10 new positions. RESOLUTION Approving a contract with the Iowa Department of Economic Development and Morrison Bros. Co. for Community Economic Betterment Account (CEBA) and Enterprise Zone (EZ) benefits on behalf of Morrison Bros. Co. Suggested Disposition: Receive and File; Adopt Resolution CEBA - MVM MemoCEBA - Staff MemoCEBA - ResolutionCEBA Funding EZ Funding AgreementAgreement 13. Voluntary Termination of Prudential Financial, Inc. CEBA Contract City Manager recommending approval of a voluntary termination agreement with Prudential Insurance Company relieving them of the commitment to create 69 additional positions in Dubuque Suggested Disposition: Receive and File; Approve Voluntary Prudential - MVM Prudential - Staff Termination Agr MemoMemo 14. Cooper Development Company, LLC City Manager recommending approval of a request from Cooper Development Company, LLC to defer payments on the existing loans and the 2008 parking lot agreement to January 1, 2010. Suggested Disposition: Receive and File; Approve Cooper Development Cooper Dev - MVM Cooper Dev - Staff Ltr MemoMemo 15. Dubuque Racing Association – Lump Sum Principal Payments City Manager recommending approval of a request from Jesús Aviles, Dubuque Racing Association, to pay down the principal on two existing loans for the period April 2009 to November 2010, saving the DRA about $362,218. Suggested Disposition: Receive and File; Approve 5 Payments - DRA Ltr Payments - MVM Memo 16. Dubuque Racing Association – Line of Credit City Manager recommending approval of a request from Jesús Aviles, Dubuque Racing Association, to establish a line of credit with American Trust and Savings Bank to fund the Dubuque Greyhound Park & Casino remodeling project. Suggested Disposition: Receive and File; Approve Line of Credit - DRA Line of Credit - MVM Ltr Memo 17. Legislative Correspondence Communication of the City Manager to area legislators urging opposition to House File 83 and Senate File 61 as the bills presume that cancer is a disease contracted while on active duty as a firefighter. Suggested Disposition: Receive and File House File 83Senate File 61State State Senator List Representative List 18. Prosperity Eastern Iowa – Letter of Support City Manager submitting a Letter of Support for Prosperity Eastern Iowa’s Iowa Department of Economic Development grant application to continue to enhance the Accessmyfuture.com web site. Suggested Disposition: Receive and File Letter of Support 19. Players Sports Bar – Liquor License Renewal City Manager recommending approval of the annual liquor license renewal for Players Sports Bar, 1902 Central Avenue. RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Players Sports Bar Suggested Disposition: Receive and File; Adopt Resolution 6 Players Bar - MVM Players Bar - Staff Players - Resolution MemoMemo 20. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “C” Beer Permit to Hy-Vee Gas #4 and Econo Foods #471 RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Bulldog Billiards, Bunker Hill Golf Course, and Yardarm Restaurant; a Class “B” Wine Permit to Econo Foods #471; and a Class “WBN” Native Wine Permit to Hy-Vee Gas #3 Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Renewals - Staff Resolution #1Resolution #2 Memo Memo ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Excess Right-of-Way – Old Mill Road and Manson Road City Manager recommending that a public hearing be set for March 16, 2009 to consider disposing of the City’s interest in excess right-of-way purchased for the reconstruction of Kelly Lane. RESOLUTION Of intent to vacate and dispose of City interest in Lot 1 of Old Mill Place No. 3 in the City of Dubuque, Dubuque County, Iowa, and abutting Old Mill Road roadway easement Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/16/09 ROW - Vicinity Map/ Right-of-Way - MVM Right-of-Way - Staff Right-of-Way - Plat MemoMemoResolution 2. Kephart Building Improvement Project City Manager recommending initiation of the public bidding process for the Kephart Building Improvement Project and that a public hearing be set for March 16, 2009, 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 Kephart Building 7 Improvement Project Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/16/09 Kephart Bldg - MVM Kephart Bldg - Staff Kephart Bldg - MemoMemoResolution 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. Zoning Board of Adjustment One 5-year term through March 25, 2014 (Term of Gasper) Applicant: Heath Hutchinson, 221 Bradley Street Appointments to the following Boards/Commissions: Mechanical Code Board Two 3-year terms through March 16, 2012 (Terms of Willenborg and Geisler) Background/Experience requirement) Applicants: David Grothe, 2544 Elm Street Corey Valaskey, 1787 Lawndale Street Bd and Comm ListOverview SheetZoning Bd of Adj Mechanical Bd ApplicationApplications 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. Southwest Arterial Final Design – Consultant Selection City Manager recommending approval of the consultant selection for the Southwest Arterial Final Design Project. RESOLUTION Approving the Consultant Professional Services Agreement for final design services for the Southwest Arterial Suggested Disposition: Receive and File; Adopt Resolution NOTE: The material for this Agenda Item will be delivered on Friday, February 27, 2009. 8 2. Burlington Trailways City Manager recommending approval of the creation of a service agreement between the City of Dubuque and Burlington Trailways for lease of a building at 400 Rhomberg Avenue to provide a new ticket sales location for Burlington Trailways. Suggested Disposition: Receive and File; Approve Trailways - MVM Trailways - Staff MemoMemo 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 February 26, 2009 9