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12 7 09 Clerk's Skeleton Notes~~ CITY COUNCIL REGULAR SESSION, ; 2009 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESE ~: MAY R UOL COUNCIL MEMBERS '~AIG CO, fNORS JO ES LYNCH ~ ~ ~ 9~ ~ ,/ RESNI¢~K, VOE~BERG i CITY MANAGER VAN~IGIILLIGEN; CITY ATTORNEY~LINDAHL 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: Reverend Jay Hilten, St. John's Lutheran Church PROCLAMATION Human Rights Day (December 10, 2009) -- PRESENTATION 1000 Friends of Iowa for the Historic Millwork District Plan •'..G t d~ ~''~ ,, ,~ ~~ CONSENT ITEMS 1. 2. Aye ,~ ~) Lynch esnick /;~ ~% " oetberg ' Braig ` Buol Connors Jones Minutes and Reports Submitted Nays 3~' G Arts and Cultural Affairs Advisory Commission of 10/27; City Council of 11/16, 11/17 and 12/1; Community Development Advisory Commission of 11/18; Historic Preservation Commission of 11/19; Housing Commission of 10/27; Human Rights Commission of 10/12; Park and Recreation Commission of 11/10; Transit Board of 10/8 and 11/12; Zoning Board of Adjustment of 11/19 Proofs of publication of City Council Proceedings of November 2, 16, and 17, 2009 and List of Claims and Summary of Revenues for month ended October 31, 2009 Library Board of Trustees Update from the meetings of October 22 and November 17, 2009 Suggested Disposition: Receive and File Notice of Claims/Suits John Corbett for vehicle damage; George Clark 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: Matthew Hurm for vehicle damage; Lola Volkert for personal injury; John Bechen for vehicle damage Suggested Disposition: Receive and File; Concur 2 3. Champions for Inclusive Communities Press release from the Champions for Inclusive Communities advising that Dubuque has been recognized as a "Star Community" by the Champions for Inclusive Communities. Suggested Disposition: Receive and File 4. School Resource Officer (SRO) Agreement City Manager recommending approval of the Fiscal Year 2009 / 2010 School Police Officer Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Suggested Disposition: Receive and File; Approve 5. Human Rights Commission Communication from Kelly Larson, Human Rights Director, advising of the resignation of Terry Driskell from the Human Rights Commission. Communication from Char Eddy advising that she will not be re-applying for another term on the Human Rights Commission. Suggested Disposition: Receive and File; Accept Resignations 6. Online Employment Application Vendor Services Agreement City Manager recommending approval of the Online Employment Application Vendor Services Agreement with NeoGov. Suggested Disposition: Receive and File; Approve 7. Administrative Services Fee Renewal -Flexible Spending Plan City Manager recommending approval of the Administrative Services Fee Renewal for the City's flexible spending plan. Suggested Disposition: Receive and File; Approve Ayes Nays Lynch Resnick Voetberg Braig Buol Connors Jones 3 8. IA 32 Traffic Improvements -Consultant Selection City Manager recommending approval of the selection of IIW Engineers & Surveyors, PC for the IA 32 Capacity Improvements Project. Suggested Disposition: Receive and File; Approve 9. 2008 Asphalt Paving Program City Manager recommending acceptance of the 2008 Asphalt Paving Program as completed by River City Paving in the final contract amount of $226,131.41. RESOLUTION ~~fv Accepting the 2008 Asphalt Paving Program and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 10. Foye Street Sidewalk /Curb and Gutter Repair Project City Manager recommending acceptance of the Foye Street Sidewalk /Curb and Gutter Repair Project as completed by Drew Cook & Sons Excavating, Inc. in the final contract amount of $47,821.40. RESOLUTION Ll ~ Accepting the Foye Street Sidewalk /Curb and Gutter Repair Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 11. Garfield Avenue Retaining Wall Reconstruction Project City Manager recommending acceptance of the Garfield Avenue Retaining Wall Reconstruction Project as completed by Top Grade Excavating, Inc. in the final contract amount of $87,601.19. RESOLUTION ~'~ Accepting the Garfield Avenue Retaining Wall Reconstruction Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Lynch Resnick Voetberg Braig Buol Connors Jones 4 12. Ramona /Pamela Court Slab Replacement Project City Manager recommending acceptance of the Ramona /Pamela Court Slab Replacement Project as completed by Portzen Construction, Inc. in the final contract amount of $67,773.15 RESOLUTION ~~9 Accepting the Ramona /Pamela Court Slab Replacement Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 13. West 32"d Street Detention Basin Project City Manager recommending acceptance of the West 32"d Street Detention Basin Project as completed by Tschiggfrie Excavating Company in the final contract amount of $1,711,836.54, RESOLUTION ~..~'~O Accepting the West 32~d Street Detention Basin Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 14. I-Jobs Affordable Housing Assistance Program Grant Application City Manager recommending approval of an I-Jobs Affordable Housing Assistance Program grant application to the Iowa Finance Authority (IFA) on behalf of Michelle Mihalakis for her Salvia House project. RESOLUTION ~~~ Approving an I-Jobs Affordable Housing Program Assistance grant application to the Iowa Finance Authority on behalf of Michelle Mihalakis /Salvia House Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Lynch Resnick Voetberg Braig Buol Connors Jones 5 15. 16. Amendment to the Request for Proposals (RFP) -Financial Assistance Pool City Manager recommending approval of an amendment to the Request for Proposals requirements to make additional properties eligible for the pool of funds to encourage developers and property owners to create new residential units in the Greater Downtown Urban Renewal District. RESOLUTION y~~ Approving an amendment to the Request for Proposals 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 Iowa Finance Authority Dubuque Housing Study City Manager transmitting a report from the Iowa Finance Authority (IFA) about Dubuque's rental housing market. Suggested Disposition: Receive and File 17. Vacuum Filter Building Back-Up Power Supply Project City Manager recommending acceptance of the Vacuum Filter Building Back-Up Power Supply Project as completed by Morse Electric, Inc. in the final contract amount of $3,461.49. RESOLUTION ~~~ Accepting the Vacuum Filter Building Back-Up Power Supply Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution ~l~ 1 A es ~~ ~ , ~l Lynch ~. O/" , ~~> Resnick ` Voetberg / ~ Braig Buol Connors ~ Jones ~~ %. 11 I ' ~ U 6 Nays ~~ 'l1 18. 19. 20. 21. Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project City Manager recommending acceptance of the Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project as completed by Superior Painting and Epoxy Coating, LLC in the final contract amount of $1,812.80. RESOLUTION ~~% Accepting the Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Vision Iowa Grant for Art Market City Manager recommending approval of the submittal of a $15,000 Vision Iowa grant application to cover the costs of promoting the Summer 2010 Art Market. Suggested Disposition: Receive and File; Approve Iowa Power Fund Community Grant Application City Manager transmitting the Iowa Power Fund Community Grant Application submitted on behalf of the City of Dubuque, Dubuque Area Chamber of Commerce and the Community Foundation of Greater Dubuque for the Dubuque2 Initiative. Suggested Disposition: Receive and File Letter of Support -YMCA City Manager recommending approval of a letter of support on behalf of the Community Y's application for ACHIEVE Healthy Communities Program funding. Suggested Disposition: Receive and File 22. LK Development & Storage, LLC Communication from Attorney Brian Kane, representing LK Development & Storage, LLC, requesting that the building located at 3040 Elm Street be removed from the City's historic conservation district. Suggested Disposition: Receive and File; Refer to City Manager ~~ A~/es 7 Lynch .~ esnick ,/ oetberg Braig ' Buol ,~ ~ Connors Jones ~~ ~~~ 6;~ ~~ kpA/ 23. Drug Awareness Resistance Education (DARE) Contract City Manager recommending approval of the 2009 / 2010 DARE contract between the City of Dubuque, the Dubuque Community Schools and the Holy Family Catholic Schools. Suggested Disposition: Receive and File; Approve 24. I-JOBS Green Urban Stormwater Program City Manager transmitting an application for $100,000 in funding for a green alley through the I-JOBS Green Urban Stormwater program. Suggested Disposition: Receive and File 25. Signed Contracts -- Water Pollution Control Plant Replacement Project - Eco Smart Building Additional Agreement Suggested Disposition: Receive and File; Approve 26. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION ~~~ Granting the issuance of a Class "C" Beer License to Jannah Corporation (3270 Dodge Street), Jannah Corporation (4100 Dodge Street), Sam's Club, Hy-Vee #2, and Kwik Stop Food Mart RESOLUTION ~~ ~ Granting the issuance of a Class "B" (Hotel/Motel) Liquor License to Holiday Inn Dubuque Five Flags; Class "C" Beer/Liquor License to Instant Replay, Pepper Sprout, and Cue Masters Billiard; Class "B" Wine permit to Sam's Club and Hy-Vee #2; and Class "WBN" Native Wine License to I Luv Food Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Lynch Resnick Voetberg Braig Buol Connors Jones 8 27. Northern Lights Hockey, LLC City Manager recommending that the City consent to the Assignment by Battlefield Dubuque, LLC of its interest in the Development Agreement between the City, Dubuque Ice and Recreation Center and the Dubuque Racing Association to Northern Lights Hockey, LLC. RESOLUTION Consenting to the assignment by Battlefield Dubuque, LLC of its interest in the Development Agreement between and among the City of Dubuque, Iowa (City), Dubuque Ice and Recreation Center, Inc. (DICE), Dubuque Racing Association (DRA), and Battlefield Dubuque, LLC (Battlefield Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Lynch Resnick Voetberg Braig Buol Connors Jones 9 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Individual Historic Designation - 44 Main Street Historic Preservation Commission recommending that a public hearing be set for January 18, 2010 to consider approval of the Individual Historic Designation for 44 Main Street. Suggested Disposition: Receive and File; Public Hearing 1/ 10 /~ ~~ yes Nays Lynch ,/j Resnick / Voetberg v Braig Buol Connors Jones 10 BOARDS/COMMISSIONS G` 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. Housing Code Appeals Board Two 3-year terms through January 11, 2013 (Terms of Kinsella and Schaub) Applicants: William Kinsella, 2 Julien Dubuque Drive Robert Schaub, 1745 Embassy West Drive Human Rights Commission Four 3-year terms through January 1, 2013 (Terms of Eddy, Driskell, Oswald and Winterwood) Applicants: Lori Apel, 3315 Spring Valley Road Marquita Bolden, 2757 Ventura Drive, #2 Lynn Sutton, 876 Yale Court, #1 ~i~~/ Pam Sharrad, 836 Air Hill Street Robert Yunk, 815 Rose Street, #2 ~JGB~~ Ms. Sutton is a member of the Housing Commission ~'~~~ ~~~ ~ Mediacom Charitable Foundation Two 1-year terms through December 31, 2010 (Terms of Chavenelle and Twining) Applicants: Gail Chavenlle, 1155 Kelly Lane Connie Twining, 421 North Booth Street Appointments to the following Boards/Commissions: Mississippi River Partnership Council One 3-year term through December 31, 2012 Applicant: Anthony Allen, 575 Almond Street Edward Cawley, 598 Needham Street Kenneth Oglesby, 990 W. 32nd Street Walt Webster, 3509 Asbury Road Lynch Resnick Voetberg Braig Buol Connors Jones All awle esby Webster 11 Plumbing Board One 3-year term through November 2, 2012 (At-large term of Harris) Applicant: Daniel Harris, 998 Indian Ridge yes ~ Nays ~ Lynch / Resnick , % Voetberg %~ Braig ~; Buol ' / onnors Jones Transit Board of Trustees One 3-year term through July 30, 2011 (Term of Curtis) Applicant: Thomas Croissant Jr., 444 Angella Street #8 Ayes Nays :, Lynch ~f Resnick _Voetberg Braig Buol i onnors ones 12 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 ,Aye (~ Nays Lynch / Resnick ~~ ~ Voetberg .Braig ,~ ;' ` Buol Connors Jones 1. Dubuque Industrial Center -Planned Unit Development District (Tabled on July 6, 2009) City Manager requesting that this item be tabled to June 7, 2010. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning.Advisory Commission recommending approval, with conditions. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07 Suggested Disposition: Remove from Table; Receive and File; Table to 7/7/10 Ayes ' Nays Ayes ~~' Lynch Lynch ,~, esnick Resnick oetberg Voetberg " .Braig Braig /;Buol ~ Buol ~~ Connors Connors Jones Jones Nayes 13 F ~.'J 2. General Obligation Urban Renewal Bonds Proof of publication on notice of public hearing to consider approval of the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds for costs associated with the construction of street, stormwater, sanitary sewer, water, fiber optic, parking and other public improvements in the Historic Millwork District and the funding of grants, loans and other financial assistance to private developers to assist in rehabilitation of existing buildings and construction of housing development projects in the Millwork District and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays ~ Lynch /• Resnick / ~~oetberg / Braig Buol Connors ~~ Jones 3. North Fork Catfish Creek stormwater and Sanitary Sewer Reconstruction Project - Phase III Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the North Fork Catfish Creek stormwater and Sanitary Sewer Reconstruction Project -Phase III and City Manager recommending approval. ~~v "~ RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek stormwater and Sanitary Sewer Reconstruction Project - Phase III Suggested Disposition: Receive and File; Adopt Resolution e /Y~ Lynch ,/ ' : Resnick ,~ , Voetberg Braig / Buol ~. Canners Jones 14 ~, ~ REINSTATE THE RULES This action limits discussion to the City Council. Ayes ~~~ Nays Lynch / Resnick . Voetberg Braig ~ Buol ` Connors Jones ~;o 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. Water Meter Change Out Project Vendor Selection City Manager recommending approval to award the contract for the Water Meter Change Out Project to Northern Water Works Supply in the estimated amount of $5,493,293, subject to all contract, insurance and bonding issues being resolved with the City and approved by the Iowa Department of Natural Resources and the Iowa Finance Authority. RESOLUTION ~~ ~ Awarding a contract to Northern Water Works Supply for the Water Meter Change Out Project for the City of Dubuque, Iowa Suggested Disposition: Receive and File; Ap~ve ~ Ayes ,i/' Lynch //~ Resnick ~'~ : Voetberg Braig Buol / ~ Connors ones Nays 15 N(~ R )~~~V P~ ~~~ •~~ ~1 2. Report on Rental Housing and Arrest Activity in the City of Dubuque City Manager transmitting results of the Report on Rental Housing and Arrest Activity in the City of Dubuque and recommending pursuit of additional information. , Suggested Disposition: Receive and File; Approve Ayes ,i';-` Lynch Resnick / ~' Voetberg " . Braig -Buol / .Connors Jones ~,.~, ~p1 g~ 3. Section 8 Administrative Plan City Manager informing the City Council of amendments to the Section 8 Administrative Plan. Suggested Disposition: Receive and File; A ove Ayes •!j j // ~ Lynch Resnick 1 F Voetberg Braig `' Buol Connors Jones Nays 16 4. Direct Financial Assistance Application -Creative Frontier, Inc. City Manager recommending approval of a Direct Financial Assistance application to the Iowa Department of Economic Development on behalf of Creative Frontier, Inc. to assist with relocating its operations to Dubuque. RESOLUTION ~~~ Authorizing the filing of an IDED Direct Financial Assistance Application on behalf of Creative Frontier, Inc. Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays ~.. Lynch r' Resnick ' Voetberg /~' Braig Buol <. onnors ones 5. Holiday Decorations in Washington Park Communication from Tammy Welbes, Dubuque Junior Chamber, requesting that the City assist the Dubuque Junior Chamber with $600.00 for Christmas decorations in Washington Park. City Manager recommending approval of a request from the Dubuque Junior Chamber for $600.00 to replace the holiday decorations in Washington Park. Suggested Disposition: Receive and File; Approve • /~ uv ~~ eyes ,Nays J ~ Lynch ~ ~ ~ Resnick ,,/ Voetberg ,/~ ~ Braig ~~ ,~ / Buol ~ I (~ / Connors Jones 17 a ~~i 6. KeyLine Bus Advertisement Improvements City Manager recommending approval to pursue bus wrap advertisements on KeyLine buses. Suggested Disposition: Receive and File; Approve es Na s y ` Lynch / i ; Resnick ~ Voetberg~ ~ ~ ~Braig ~~_ ,/ ~ !~ ~Buol / f '//COnnOrS Jones d~ ~~ ~~ 7. Parking Ramp Construction Location ~' City Manager recommending switching the priority order of the two previously approved downtown ramps and first build the ramp behind Fire Headquarters as project funding is available to build a 7-story ramp with 475 spaces, which is a net gain of 352 vehicles. Suggested Disposition: Receive and File; Approve ~Aye'~~ ,Nays C% Lynch Resnick , ,/ Voetberg Braig Buol 9 Connors ~ (/V Jones ' ,~„ ~~ 18 30 ~' 8. Tax Increment Financing (TIF) Ordinance for the Greater Downtown Urban Renewal District City Manager recommending adoption of an ordinance amending the tax increment financing district for the Greater Downtown Urban Renewal District. ORDINANCE ~~ Amending Ordinance Nos. 60-08, 63-07, 20-07, 35-04, 30-82 and 66-89, as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Final Reading and Adopt Ayes ;~ Nays Ay s Nayes ~~/ Lynch ;~,~ Lynch ~/~ Resnick ~ Resnick j ' - Voetberg / Voetberg `~ Braig /~Braig Buol Buol / 'Connors ; onnors Jones Jones 19 (~ l 9. Response to Possible Termination of the Municipal Cable Franchise City Manager requesting City Council direction regarding Mediacom's possible termination of the Municipal Cable Franchise. Suggested Disposition: Receive and File; Council Direction Lynch Resnick Voetberg ,~ • ~' ,/ Braig Buol Connors Jones /4yes ,/1 ~.,~~~ A~~r ~w d ~y ~I 10. Fines for Speed Restrictions Ordinance City Manager recommending approval of an amendment to the Code of Ordinances that adopts a change in the fine amount for excessively speeding in zones greater than 55 miles per hour to be consistent with the Iowa Code. ORDINANCE S~ Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Section 9-7-321.285 Limits Generally, establishing the fine for each mile in excess of 20 miles per hour over the speed limit in zones greater than 55 miles per hour Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Final Reading and Adopt Ay ~ Nays Ay,~s Nayes Lynch / '. Lynch ~, ~ Resnick ~ Resnick ~, Voetberg / Voetberg ~` Braig / ` Braig ' Buol Buol Connors / /' Connors D Jones Jones d ~~ ry~~~ ~~~;~~ 20 ~~ ~~~ ~ ~~ ~~ ~ ~~i ,F ~~ ~~~ 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)Q) Code of Iowa Motion to go into Closed Session at ~.~~ Ayes Nays ,/` Lynch / Resnick / Voetberg / Braig ~~ Buol Connors Jones Motion to adjourn at ~~ ~o~ Ayes Nays Lynch Resnick Voetberg Braig Buol Connors Jones 21 e~~ ~~ ~~~ ,~'~~ err" ,~~~~~~--~ -~~ . /~ `~n f / , ~~~ ~~ ~ ~~~~~~~rGr~a~~ ~~ ~ ~~ ~. ~~~~ ~~ ,, -_-_~~_--~- f, , ~~ ~~- dam- ~~ y~ __ ~_ _ ____ ~~~~ ~Q~~~~~~ ~~~~~ ~ ~~~ ~~~~