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Proof of Publication_City Council Proceedings 12 7 09Main Street. Upon motion the documents were received and filed setting a public hearing for a meeting to commence at 6:30 p.m. on January 19, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions: Housing Code Appeals Board: Two 3-year terms through January 11, 2013 (Terms of Kinsella and Schaub). Appli- cants: William Kinsella, 2 Julien Dubuque Drive; Robert Schaub, 1745 Embassy West Drive. Human Rig t5 fission of 11/10; . t Board of 10/8 11/12; Zoning of Adjustment of ~~ ifs of publication ~ ~~ ty Council Pro- igs of November a and 17, 2009 and •, of Claims and - ~. iary of Revenues ~ ~ a;~~F'ti; k jj~~ month ended a uu~~~ravm~cxc :awcPrr. er31,2009 of ober 22 and ember 17, 2009 Upon motion the uments were eived and filed. Notice of Claims/ :s: John Corbett for icle damage; urge Clark for perty damage. in motion the uments were zived, filed and erred to the City ~rney. ty Attorney advising t the following ms have been erred to Public ity Risk Services of a, the agent for the a Communities urance Pool: Matt- Hurm for vehicle Wage; Lola Volkert personal injury; n Bechen for icle damage. Upon lion the documents 'e received, filed, (concurred. Chamoions for release from the dons for In- Communities ig that Dubuque yen recognized as C.ir:~„,unity" by Champions for Upon motion the document was received and filed. School Resource Officer (SRO) Agree- ment: City Manager recommending appro- val of the Fiscal Year 2009 / 2010 School Police Officer Agree- ment between the City of Dubuque Police Department and the Dubuque Community School District. Upon motion the documents were received, filed, and approved. Human Rights Com- mission: Communi- cation from Kelly Larson, Human Rights Director, advising of the resignation of Terry Driskell from the Human Rights Com- mission. ^ Communication from *~ ~ ~ MSRP 541,645 O O O 6owest Price of the Year! dour firi-St owner-occupied residential units in the Greater Downtown Urban Renewal District. Seconded by Braig. Motion carried 7-0. Iowa Finance Author- ity Dubuque Housing Study: City Manager transmitting a report from the Iowa Finance Authority (IFA) about Dubuque's rental STAit: OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike. a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Tele~u~,h Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: December 16, 2009, and for which the charge is $247.24. 5~.. ,', Subscri~bed~to before me, a Notary Public in and for Dubuque County, Iowa, this _~ day of , 20 p~. - ~ ~,.,6, wN.... _. __ _ with Resnick voting Bus li to ~y Braig to receive and ~/ m l~le the documents and pprove the recom- zT~...~- :nendation. Seconded ointment in how by Connors. Resnick process was read opposing com- exercising ments into the record.y 5o as not to Motion carried 5-2 with alt Section 8 Resnick and Braig its; requesting voting nay. s from the Safe Parking Ramp Con- inity Task Force, struction Location: City i over the Manager recommend- ~ r program and ing switching the' fects on the priority order of the and disabled two previously ap- rts, study the proved downtown ~~ ~i Notary Public in and for Dubuque County, Iowa. r~ MARY K. WESTERMEYER _~~~ ' Commission Number 154885 '~ U!Y Gomm. Exp FEB. 1, 2011 ~a "' ~a ~ air °' 1155 Kelly Lane; and Services Fee Renewal Phase II Pi a Coatin P g Connie Twining, 421 for the Cit y's flexible Project: City Manager North Booth Street. spending plan. Upon Appointments to the following Boards/Com- motion the dncuman+s were received, filed, 1110 ~,~,,,,u,~„ „ of $5,493,293, subject missions: Mississippi Coun- RiverPartnershi and approved. IA 32 Traffic to all contract, insur- ante and bonding p ,,;i. n„„ , ,,,,,_ .___ Improvements - Con- sultant Selection: City Manager recommend- ing approval of the selection of IIW Engineers & Surveyors, PC fdr the IA 32 motion the docume were received, n and approved. 2008 Asphalt Pay Program: City Mana recommending aca ante of the 2 Asphalt Paving gram as completed River City Paving in CITY OF DUBUQUE, final contract amt IOWA of $226,131.41. U CITY COUNCIL motion the documE PROCEEDINGS were received and f The Dubuque City and Resolution No. Council met in regular 09 Accepting the 2 session at 6:30 p.m. on Asphalt Paving I December 7, 2009 in gram and authors; the Historic Federal payment of Building. Contract amount to Present: Mayor Buol, contractor Council Members adopted. Braig, Connors, Jones, Foye Street Sidev Lynch, Resnick, Voet- / Curb and Gu air Project: Re berg, City Manager p Van Milligen, City Manager recommE ing acceptance of Attorney Lindahl Mayor Buol read the Foye Street Sidewa call and stated this is a Curb and Gutter Re regular session of the Protect as complc City Council to act by Drew Cook & S upon such business Excavating, Inc. in that may properly final contract amt come before the City of $47,821.40. U motion the documE Council. Pledge of Allegiance were received and f Invocation was and Resolution No.~ provided by Reverend 09 Accepting the F Jay Hilten of St. John's Street Sidewalk / C Lutheran Church. and Gutter Re PROCLAMATION Project and authors; Human Rights Day Payment of (December 10, 2009) contract amount to was accepted by Ameri- contractor Corps VISTA Member adopted. Abi Cahak, 1357 Main Garfield Ave Street. Retaining Wall Rec PRESENTATION struction Project: Planning Services Manager recommf Manager Laura Car- ing acceptance of stens presented 1000 Garfield Avenue Ret Friends of Iowa 2009 ing Wall Reconst Best Development and tion Project Leadership Award for completed by the Historic Millwork Grade Excavating, District Plan and Cun- in the final cont Ingham Architecture. amount of $87,60] CONSENT ITEMS Upon motion Motion by Lynch to documents. v received and filed receive and file the documents, adopt the Resolution 'NO. 44' resolutions, and dis- Accepting the Gar1 pose of as indicated. Seconded by Voetberg. Resnick requested (#15) Amendment to the Request for Proposals (RFP) Finan- cial Assistance Pool be held for separate discussion. Connors requested (#22) LK Development & Stor- age, LLC, be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Ad- visory Commission of 10/27; City Council of 11/16, 11/17 and 12/1; Community Develop- ment Advisory Com- mission of 11/18; Historic Preservation Commission of 11/19; Replacement Prc Housing Commission of and authorizing t 10/27; Human Rights n Commission of 10/12; Park and Recreation ei Avenue Retaining Wall Reconstruction Project and authorizing pay- ment of the contract amount to the con- tractorwas adopted. Ramona / Pamela Court Slab Replace- ment Project: City Manager recommend- ing acceptance of the Ramona / Pamela Court Slab Replace- ment. Project as completed by Portzen Construction, Inc. in the final contract amount of $67,773.15. Upon motion the documents were received and filed and Resolution No. 449-09 Accepting the Ramona / Pamela Court Slab ment of the co amount to the tractor was adopt Economic Development on behalf of Creative Frontier, Inc. to assist with relocating its operations to Dubuque. Motion by Connors to receive. and tila rho receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two r~~~.,,.~i ,.,,.,,.,..,._ __-- berg, City Manager Van Milligen, City Attorney Lindahl 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 was provided by Reverend Jay Hilten of St. John's Lutheran Church. PROCLAMATION Human Rights Day (December 10, 2009) was accepted by Ameri- Corps VISTA Member Abi Cahak, 1357 Main Street. PRESENTATION Planning Services Manager Laura Car- stens presented 1000 Friends of Iowa 2009 Best Development and Leadership Award for the Historic Millwork District Plan and Cun- ingham Architecture. CTOEN-TAIP §I m through December 31, 2012. Applicants: An- thony Allen, 575 Al- mond Street; Edward Cawley, 598 Needham Street; Kenneth Ogles- by, 990 W. 32nd Street; Walt Webster, 3509 Asbury Road. Upon roll - call vote, Edward Caw- ley was appointed to the Mississippi River Partnership Council for a 3-year term through December 32, 2012. Plumbing Board: One 3-year term through November 2, 2012 (At - large term of Harris). Applicant: Daniel Har- ris, 998 Indian Ridge. Motion by Braig to re- appoint Daniel Harris to the Plumbing Board for a 3-year term through November 2, 2012. Seconded by Con- nors. Motion carried 7-0, Transit Board of Trus- tees: One 3-year term through July 30, 2011 (Term of Curtis). Appli- cant: Thomas Croissant 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 Pro- ceedings 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 Repair Project: City Manager recommend- ing acceptance of the > Foye Street Sidewalk / Curb and Gutter Repair Project as completed by Drew Cook & Sons fr Excavating, Inc. in the final contract amount it of $47,821.40. Upon >. motion the documents e were received and filed e and Resolution No. 447- d 09 Accepting the Foye y Street Sidewalk / Curb and Gutter Repair Project and authorizing payment of the :,r contract amount to the contractor was f adopted. Garfield Avenue Retaining Wall Recon- ' struction Project: City , Manager recommend- Bct ing acceptance of the tl; Garfield Avenue Retain- ing Wall Reconstruc- tion Project as completed by Top Grade Excavating, Inc. in the final contract f4 r Lowest Price of the Year! Zelfil 110 +414 Di *E14ii1'IS111 amount of $87,601.19. U o tin ha =s !� sMrw nan'e zz!19. geconded issues being resolved documents and adopt by Voet-berg. Motion with the City and Resolution No. 462-09 carried 7-0. approved by the Iowa Authorizing the filing General Obligation Department of Natural of an IDED Direct Urban Renewal Bonds: Resources and the Financial Assistance Proof of publication on Iowa Finance Author- Application on behalf notice of public ity. Motion by Connors of Creative Frontier, hearing to consider to receive and file the Inc. Seconded by Jones. approval of the documents and adopt Motion carried 7-0. issuance of not to Resolution No. 461-09 Holiday Decorations exceed $6,000,000 Awarding a contract to in Washington Park: General Obligation Northern Water Works Communication from Urban Renewal Bonds Supply for the Water Tammy Welbes, Dubu- for costs associated Meter Change Out que Junior Chamber, with the construction Project for the City of requesting that the of street, stormwater, Dubuque, Iowa. City assist the Dubu- sanitary sewer, water, Seconded by Jones. que Junior Chamber fiber optic, parking and Motion carried 7-0. with $600.00 for other public improve- Report on Rental Christmas decorations ments in the Historic Housing and Arrest in Washington Park. Millwork District and Activity in the City of ,City Manager recom- the funding of grants, Dubuque: City Mana- mending approval of a loans and other ger transmitting re- request from the financial assistance to sults of the Report on Dubuque Junior Cham- private developers to Rental Housing and ber for $600.00 to assist in rehabilitation Arrest Activity in the replace the holiday of existing buildings City of Dubuque and decorations in Wash - and construction of recommending pursuit ington Park. housing development of additional infor- Motion by Connors to projects in the Mill- mation. Motion by receive and file the work District and City Connors to receive and documents and ap- Manager recommend- file the documents and prove the recommen- ing approval. Motion approve the recom- dation. Seconded by by Jones to receive and mendation. Seconded Braig. Motion carried 6- STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: December 16, 2009, and for which the charge is $247.24. ior to the meetiuily pi meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 58-09 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 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. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Lynch. Motion carried 7-0. rrancnise agreements. with new and incum- bent providers should competitive providers not develop. Nowack added that recommen- otary Public in and for Dubuque County, Iowa, sented nto Citwilly Council P`C! sbe pre-.4 , 20 of ed Motion carried 7-0. Fines for Speed j Restrictions Ordinance: City Manager recom- mending approval of an amendment to the Nil Code of Ordinances Notary Public in and for Dubuque County, Iowa. MARY.K. WESTERMEYER Commission Number 154885 M Comm. Exp. FEB, 1, 2011 c J-yeal lel lrl nE through December 31, 2012. Applicants: An- thony Allen, 575 Al- mond Street; Edward Cawley, 598 Needham Street; Kenneth Ogles- by, 990 W. 32nd Street; Walt Webster, 3509 Asbury Road. Upon roll - call vote, Edward Caw- ley was appointed to the Mississippi River Partnership Council for a 3-year term through December 32, 2012. Plumbing Board: One 3-year term through November 2, 2012 (At - large term of Harris). Applicant: Daniel Har- ris, 998 Indian Ridge. Motion by Braig to re- appoint Daniel Harris to the Plumbing Board for a 3-year term through November 2, 2012. Seconded by Con- nors. Motion carried 7-0, Transit Board of Trus- tees: One 3-year term through July 30, 2011 (Term of Curtis). Appli- cant: Thomas Croissant 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 Pro- ceedings 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 Upon motion the documents were received and filed. Notice of Claims/ Suits: John Corbett for vehicle damage; George Clark for property damage. Upon motion the documents were received, filed and •referred to the 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: Matt- hew Hurm for vehicle damage; Lola Volkert for personal injury; John Bechen for vehicle damage. Upon motion the documents were received, filed, and concurred. Champions for Inclusive Communities: Press release from the by Champions for In- ca clusive Communities advising that Dubuque Ur has been recognized as Pr the Champions for 'lc Inclusive Communities. hE Upon motion the al document was received and filed. ex School Resource GE Officer (SRO) Agree- ment: City Manager recommending appro- wI val of the Fiscal Year of 2009 / 2010 School fib Police Officer Agree- ment between the City otl of Dubuque Police me Department and the Mil Dubuque Community Inc School District. Upon loa motion the documents fini were received, filed, prig and approved. as Human Rights Com- of mission: Communi- rE cation from Kelly hoi Larson, Human Rights prc Director, advising of wo the resignation of Ma Terry Driskell from the Log Human Rights Com- by mission. Communication from - Char Eddy advising that she will not be re- applying for another term on the Human Rights Commission. Upon motion the documents were received and filed and the resignations accepted. Online Employment Application VendorSer- vices Agreement: City Manager recommend- ing approval of the Online Employment Application Vendor Services Agreement with NeoGov. Upon motion the documents were received, filed, and approved. Administrative Ser- vices Fee Renewal - Flexible Spending Plan: City Manager recom- mending approval of the Administrative Services Fee Renewal for the City's flexible spending plan. Upon motion the documents were received, filed, and approved. IA 32 Traffic Improvements - Con- sultant Selection: City Manager recommend- ing approval of the selection of IIW Engineers & Surveyors, PC fdr the IA 32 Capacity Improve- ments Project. Upon motion the documents were received, filed, and approved. 2008 Asphalt Paving Program: City Manager recommending accept- ance of the 2008 Asphalt Paving Pro- gram as completed by River City Paving in the final contract amount of. $226,131.41. Upon motion the documents were received and filed and Resolution No. 446- 09 Accepting the 2008 Asphalt Paving Pro- gram and authorizing payment of the contract amount to the contractor was adopted. Foye Street Sidewalk / Curb and Gutter Repair Project: City Manager recommend- ing 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. Upon motion the documents were received and filed and Resolution No. 447- 09 Accepting the Foye Street Sidewalk / Curb and Gutter Repair Project and authorizing payment of the contract amount to the rnntrartnr ulac CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on December 7, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney Lindahl 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 was provided by Reverend Jay Hilten of St. John's Lutheran Church. PROCLAMATION Human Rights Day (December 10, 2009) a -:star Colr,munity" by West 32nd Street Detention Basin Pro- ject: City Manager recommending accept- ance of the West 32nd Street Detention Basin Project as completed - by Tschiggfrie Exca- vating Company in the final contract amount of $1,711,836.54. Upon motion the documents were received and filed and Resolution No. 450- 09 Accepting the West 32nd Street Detention Basin Project and authorizing payment of the contract amount to the contractor was adopted. I -Jobs Affordable Housing Assistance Program Grant Appli- cation: City Manager recommending appro- val 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. Upon motion the documents were received and filed and Resolution No. 451-09 Approving an I -Jobs Affordable Housing Program Assistance grant application to the Iowa Finance Authority on behalf of Michelle Mihalakis / Salvia House was adopted. Amendment to the Request for Proposals (RFP) - Financial Assistance Pool: City Manager recommend- ing approval of an amendment to the Request for Proposals requirements to make additional properties eligible for the pool of funds to encourage developers and pro- perty owners to create new residential units in the Greater Downtown Urban Renewal District. Motion by Resnick to receive and file the documents and adopt Resolution No. 452-09 Approving an amend- ment to the Request for Proposals to encourage market -rate downtown rental and owner -occupied residential units in the Greater Downtown Urban Renewal District. Seconded by Braig. Motion carried 7-0. Iowa Finance Author- ity Dubuque Housing Study: City Manager transmitting a report from the Iowa Finance Authority (IFA) about Dubuque's rental housing market. Upon motion the documents were received and filed. Vacuum Filter Build- ing Back -Up Power Supply Project: City Manager recommend- ing 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. Upon motion the documents were received and filed and Resolution No. 453-09 Accepting the Vacuum Filter Building Back -Up Power Supply Project and authorizing pay- ment of the contract amount to the con- tractor was adopted. Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project: City Manager recommending accept- ance 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. Upon motion the documents were received and filed and Resolution No. 454- 09 Accepting the Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project and authorizing pay- ment of the contract amount to the con- tractor was adopted. Vision Iowa Grant for Art Market: City Man- ager recommending approval of the submittal of a $15,000 Vision Iowa grant . application to cover the costs of promoting the Summer 2010 Art Market. Upon motion the documents were received, filed, and approved. Iowa Power Fund Community Grant Application: City Mana- ger 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 Initia- tive. Upon motion the documents were received and filed. Letter of Support - YMCA: City Manager recommending appro- val of a letter of support on behalf of the Community Y's application for ACHIEVE Healthy Communities Program funding. Upon motion the documents were received, filed and approved. LK Development & Storage, LLC: Com- munication from Attor- ney Brian Kane, representing LK Development & Stor- age, LLC, requesting sJi- hest from the uque Junior Cham- for $600.00 to ace the holiday orations in Wash - on Park. tion by Connors to ive and file the uments and ap- e the recommen- on. Seconded by lig. Motion carried 6- that the - building located at 3040 Elm Street be removed from the City's historic conservation district. Motion by to receive and file the documents and refer to the City Manager. Seconded by Voetberg. Van Milligen stated that any recom- mendations from staff regarding the property would have to come back to the City Coun- cil. Motion carried 7-0. Drug Awareness Resistance Education (DARE) Contract: City Manager recommend- ing approval of the 2009 / 2010 DARE contract between the City of Dubuque, •the Dubuque Community Schools and the Holy Family Catholic Schools. Upon motion the documents were received, filed, and approved. I -JOBS Green Urban Stormwater Program: City Manager trans- mitting an application for $100,000 in funding for a green alley through the I -JOBS Green Urban Storm - water program. Upon motion the documents were received and filed. Signed Contracts: Water Pollution Control Plant Replacement Pro- ject - Eco Smart Build- ing Additional Agree- ment. Upon motion the documents were received, filed, and approved. Liquor License Appli- cations: City Manager recommending appro- val of annual liquor license renewals as submitted. Upon mo- tion the documents were received and filed and Resolution No. 456- 09 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; and Resolution No. 457- -.1;ounty --vr-- vauagac,—co 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 09 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 were adopted. Northern Lights Hockey, LLC: City Manager recommend- ing that the City consent to the Assign- ment by Battlefield Dubuque, LLC of its interest in the Develop- ment Agreement be- tween the City, Dubu- que Ice and Recreation Center and the Dubuque Racing Asso- ciation to Northern Lights Hockey, LLC. Upon motion the documents were received and filed and Resolution No. 458-09 Consenting to the assignment by Battle- field Dubuque, LLC of its interest in the Development Agree- ment between and among the City of Dubuque, Iowa (City), Dubuque Ice and Recreation Center, Inc. (DICE), Dubuque Rac- ing Association (DRA), and Battlefield Dubu- que, LLC (Battlefield) was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0. Individual Historic Designation - 44 Main Street: Historic Pre- servation Commission recommending that a public hearing be set for January 19, 2010 to consider approval of the Individual Historic Designation for 44 rrnurs To receive and file the documents and that the requirement that a proposed ordinance be con- , sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se-, conded by Lynch. Motion carried 7-0. {SS: TY 'ION OF PUBLICATION k for Woodward Communications, Inc., an Iowa elegraph Herald,a newspaper of general circulation [ue, County of Dubuque and State of Iowa; hereby was published in said newspaper on the following for which the charge is $247.24. ary Public in and for Dubuque County, Iowa, y , 20 09 . 77)1 dotary Public in and for Dubuque County, Iowa. o MARY K. WESTERMEYER Commission Number 154885 My Comm Exp. FEB. 1, 2011 y ..�. v ."a,POIICe uTffcer Agree 3-year term through fib November 2, 2012 (At- ott large term of Harris). me Applicant: Daniel Har- Mil ris, 998 Indian Ridge. the Motion by Braig to re- loa appoint Daniel Harris fins to the Plumbing Board pri+ for a 3-year term ass through November 2, of 2012. Seconded by Con- anc nors. Motion carried 7-0, hot Transit Board of Trus- prc tees: One 3-year term wo through July 30, 2011 Ma (Term of Curtis). Appli- ing cant: Thomas Croissant by CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on December 7, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voet- berg, City Manager Van Milligen, City Attorney Lindahl 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 was provided by Reverend Jay Hilten of St. John's Lutheran Church. PROCLAMATION Human Rights Day (December 10, 2009) was accepted by Ameri- Corps VISTA Member Abi Cahak, 1357 Main Street. PRESENTATION Planning Services Manager Laura Car- stens presented 1000 Friends of Iowa 2009 Best Development and Leadership Award for the Historic Millwork District Plan and Cun- ingham Architecture. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Voetberg. Resnick requested (#15) Amendment to the Request for Proposals (RFP) Finan- cial Assistance Pool be held for separate discussion. Connors requested (#22) LK Development & Stor- age, LLC, be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Ad- visory Commission of 10/27; City Council of 11/16, 11/17 and 12/1; Community Develop- ment Advisory Com- mission of 11/18; Historic Preservation Commission of 11/19; Housing Commission of 10/27; Human Rights Commission of 10/12; Park and Recreation ment between the City of Dubuque Police Department and the Dubuque Community School District. Upon motion the documents were received, filed, and approved. Human Rights Com- mission: Communi- cation from Kelly Larson, Human Rights Director, advising of the resignation of Terry Driskell from the Human Rights Com- mission. Communication from Char Eddy advising that she will not be re- applying for another term on the Human Rights Commission. Upon mdtion the documents were •received and filed and the resignations accepted. Online Employment Application Vendor Ser- vices Agreement: City Manager recommend- ing approval of the Online Employment Application Vendor Services Agreement with NeoGov. Upon motion the documents were received, filed, and approved. Administrative Ser- vices Fee Renewal - Flexible Spending Plan: City Manager recom- mending approval of the Administrative Services Fee Renewal for the City's flexible spending plan. Upon motion the documents were received, filed, and approved. IA 32 Traffic Improvements - Con- sultant Selection: City Manager recommend- ing approval of the selection of IIW Engineers & Surveyors, PC fdr the IA 32 Capacity Improve- ments Project. Upon motion the documents were received, filed, and approved. 2008 Asphalt Paving Program: City Manager recommending accept- ance of the 2008 Asphalt Paving Pro- gram as completed by River City Paving in the final contract amount of- $226,131.41. Upon motion the documents were received and filed and Resolution No. 446- 09 Accepting the 2008 Asphalt Paving Pro- gram and authorizing payment of the contract amount to the contractor was adopted. Foye Street Sidewalk / Curb and Gutter Repair Project: City Manager recommend- ing 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. Upon motion the documents were received and filed and Resolution No. 447- 09 Accepting the Foye Street Sidewalk / Curb and Gutter Repair Project and authorizing payment of the contract amount to the contractor was adopted. Garfield Avenue Retaining Wall Recon- struction Project: City Manager recommend- ing acceptance of the Garfield Avenue Retain- ing Wall Reconstruc- tion Project as completed by Top Grade Excavating, Inc. in the final contract amount of $87,601.19. Upon motion the documents were received and filed and Resolution 'No. 448-09 Accepting the Garfield Avenue Retaining Wall Reconstruction Project and authorizing pay- ment of. the contract amount to the con- tractor was adopted. 'Ramona / Pamela Court Slab Replace- ment Project: City Manager recommend- ing acceptance of the Ramona / Pamela Court Slab Replace- ment. Project as completed by Portzen Construction, Inc. in the final contract amount of $67,773.15. Upon motion the documents were received and filed and Resolution No. 449-09 Accepting the Ramona / Pamela Court Slab Replacement Project and authorizing pay- ment of the contract amount to the con- tractor was adopted. Resolution NO. 492-U9 Approving an amend- ment to the Request for Proposals to encourage market -rate downtown rental and owner -occupied residential units in the Greater Downtown Urban Renewal District. Seconded by Braig. Motion carried 7-0. Iowa Finance Author- ity Dubuque Housing Study: City Manager transmitting a report from the Iowa Finance Authority (IFA) about Dubuque's rental housing market. Upon motion the documents were received and filed. Vacuum Filter Build- ing Back -Up Power Supply Project: City Manager recommend- ing 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. Upon motion the documents were received and filed and Resolution No. 453-09 Accepting the Vacuum Filter Building Back -Up Power Supply Project and authorizing pay- ment of the contract amount to the con- tractor was adopted. Eagle Point Water Plant West Clear Well Phase II Pipe Coating Project: City Manager mumcation rrom actor curpurduurr k'+iuu ney Brian Kane, Dodge Street), Sam's representing LK Club, Hy-Vee #2, and Development & Stor- Kwik Stop Food Mart; age, LLC, requesting and Resolution No. 457- ••,'s a+'r*.,..x,-,,ra county OT vuuui{uc, Jest from the State of Iowa, by and wque Junior Cham- for the benefit of the for $600.00 to State of Iowa, City of lace the holiday Dubuque, County of orations in Wash- Dubuque, Dubuque :on Park. Community School otion by Connors to District, and other eive and file the taxing districts, be paid uments and ap- to a special fund for ve the recommen- payment of principal ' ion. Seconded by and interest on loans, ig. Motion carried 6- monies advanced to NuuHCO.1111,9 VG .CL for January 19, 2010 to consider approval of the Individual Historic Designation for 44 t.unnors TO -receive and file the documents and that the requirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Lynch. Motion carried 7-0. JOiary YUD11C 111 aIlu lOr 1Juuuque uullty, luwa. MA® ESTERMEYER Commission Number 154885 My Comm. E xp, FEB 1, 2011 Main Street. Upon motion the documents were received and filed setting a public hearing for a meeting to commence at 6:30 p.m. on January 19, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions: Housing Code Appeals Board: Two 3-year terms through January 11, 2013 (Terms of Kinsella and Schaub). Appli- cants: 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 Winter - wood). Applicants; Lori Apel, 3315 Spring Valley Road; Marquita Bolden, 2757 Ventura Drive, #2; Lynn Sutton, 876 Yale Court, #1; Pam Sharrad, 836 Air Hill Street; Robert Yunk, 815 Rose Street, #2; R.R.S. (Rachael) Stewart, 460 Summit Street. Ms. Stewart, Ms. Sutton, and Mr. Yunk spoke in support of their respective appointments. Mediacom Charitable Foundation: Two 1- year terms through December 31, 2010 (Terms of Chavenelle and Twining). Appli- cants: Gail Chavenlle, 1155 Kelly Lane; and Connie Twining, 421 North Booth Street. Appointments to the following Boards/Com- missions: Mississippi River Partnership Coun- cil: One 3-year term through December 31, 2012. Applicants: An- thony Allen, 575 Al- mond Street; Edward Cawley, 598 Needham Street; Kenneth Ogles- by, 990 W. 32nd Street; Walt Webster, 3509 Asbury Road. Upon roll - call vote, Edward Caw- ley was appointed to the Mississippi River Partnership Council for a 3-year term through December 32, 2012. Plumbing Board: One 3-year term through November 2, 2012 (At - large term of Harris). Applicant: Daniel Har- ris, 998 Indian Ridge. Motion by Braig to re- appoint Daniel Harris to the Plumbing Board for a 3-year term through November 2, 2012. Seconded by Con- nors. Motion carried 7-0. Transit Board of Trus- tees: One 3-year term through July 30, 2011 (Term of Curtis). Appli- cant: Thomas Croissant 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 Pro- ,AInas of November ...,na_and :ifq uenua 5Upueuy Juelsuj m c; ash Jr., 444 Angella Street #8. Motion by Connors to appoint Thomas Croi- ssant, Jr., to the Transit Board of Trustees for a 3-year term through July 30, 2011. Seconded by Jones. Motion car- ried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council. 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 appro- val, with conditions. Motion by Connors to remove from the table and retable until June 7, 2010, a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopt- ing a revised Planned Unit Development Ordi- nance 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 Ordi- nance 22-07. Seconded by Voet-berg. Motion carried 7-0. 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 improve- ments 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 Mill- work District and City Manager recommend- ing approval. Motion by Jones to receive and file the documents and adopt Resolution No. 459-09 Instituting pro- ceedings to take addi- tional action for the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds. Seconded by Voetberg. Motion carried 7-0. North Fork Catfish Creek Stormwater and Sanitary Sewer Recon- struction 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 Nc-th Fork Catfish Creek Storm - water and Sanitary Sewer Reconstruction Project - Phase III and City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 460-09 Approving plans, speci- fications, form of contract, and esti- mated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Recon- struction Project - Phase III. Seconded by Connors. Motion car- ried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Water Meter Change Out Project Vendor Selection: City Mana- ger recommending approval to award the contract for the Water Meter Change Out Project tq Northern Water Works Supply in the estimated amount of $5,493,293, subject to all contract, insur- ance and bonding issues being resolved with the City and approved by the Iowa Department of Natural Resources and the Iowa Finance Author- ity. Motion by Connors to receive and file the documents and adopt Resolution No. 461-09 Awarding a contract to Northern Water Works Supply for the Water Meter Change Out Project for the City of Dubuque, Iowa_ Seconded by Jones. Motion carried 7-0. Report on Rental Housing and Arrest Activity in the City of Dubuque: City Mana- ger transmitting re- sults of the Report on Rental Housing and Arrest Activity in the City of Dubuque and recommending pursuit of additional infor- mation. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Jones. President and CEO Bob Wood- ward and Research Coordinator Len Deck- er of Alta Vista Re- search, 1450 Alta Vista Street, provided a slide presentation outlining the goals, objectives, process, and data findings of the study. City Council discussion included expressing disappointment in how the process was started, exercising caution so as not to blame all Section 8 recipients; requesting updates from the Safe Community Task Force, concern over the voucher program and its effects on the elderly and disabled recipients, study the relationship to crime in all programs and not just Section 8, and information and col- lection of data from a wider time frame and length of time required to compete the study. Motion carried 7-0. Section 8 Adminis- trative Plan: City Manager informing the City Council of amend- ments to the Section 8 Administrative Plan. Motion by Jones to receive and file the documents. Seconded by Resnick. Motion carried 7-0. Direct Financial Assistance Application - Creative Frontier, Inc.: City Manager recom- mending approval of a Direct Financial Assist- ance application to the Iowa Department of Economic Development on behalf of Creative Frontier, Inc. to assist with relocating its operations to Dubuque. Motion by Connors to receive- and file the documents and adopt Resolution No. 462-09 Authorizing the filing of an IDED Direct Financial Assistance Application on behalf of Creative Frontier, Inc. Seconded by Jones. Motion carried 7-0. Holiday Decorations in Washington Park: Communication from Tammy Welbes, Dubu- que Junior Chamber, requesting that the City assist the Dubu- que Junior Chamber with $600.00 for Christmas decorations in Washington Park. .City Manager recom- mending approval of a request from the Dubuque Junior Cham- ber for $600.00 to replace the holiday decorations in Wash- ington Park. Motion by Connors to receive and file the documents and ap- prove the recommen- dation. Seconded by Braig. Motion carried 6- this /70 1 with Resnick voting nay. KeyLine Bus Adver- tisement Improve- ments: City Manager recommending appro- val to pursue bus wrap advertisements on KeyLine buses. Motion by Braig to receive and file the documents and approve the recom- mendation. Seconded by Connors. Resnick read opposing com- ments into the record. Motion carried 5-2 with Resnick and . Braig voting nay. Parking Ramp Con- struction Location: City Manager recommend- ing switching the priority order of the two previously ap- proved downtown ramps and first build the ramp behind Fire Headquarters as pro- ject funding is avail- able to build a 7-story ramp with 475 spaces, which is a net gain of 352 vehicles. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Lynch. Motion carried 6-1 with Resnick voting nay. Tax Increment Finan- cing (TIF) Ordinance for the Greater Down- town Urban Renewal District: City Manager recommending adop- tion of an ordinance amending the tax increment financing district for the Greater Downtown Urban Renewal District. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 58-09 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 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: December 16, 2009, and for which the charge is $247.24. S(D.04. 1°Lip Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, , 20 09 day of 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. Seconded by Braig. Motion carried 7-0. Response to Possible Termination of the Municipal Cable Fran- chise: City Manager requesting City Council direction regarding Mediacom's possible termination of the Municipal Cable Fran- chise. Motion by Jones to receive and file and pursue a combination of all options pre- sented and securing 'a price on a feasibility study. Seconded by Connors. Cable TV Coordinator Craig No- wack provided a slide presentation on the significant provisions of the City's franchise agreement with Media- com and the State's certificate of franchise authority and outlined recommended options. Option #1 Enforceable Community Partner- ship Agreement with Mediacom; Option #2 Amend State Law; Option #3 Litigation; and Option #4 Combine Options #1 & #3. Nowack recom- mended commission- ing another feasibility study regarding the formation of a muni- cipal telecommunica- tions utility. Assistant City Attorney Tim O'Brien stated that an amendment to the state law probably could not be made retroactive but a legislative provision could sunset state franchise agreements with new and incum- bent providers should competitive providers not develop. Nowack added that recommen- dations will be pre- sented to City Council. Motion carried 7-0. Fines for Speed Restrictions Ordinance: City Manager recom- mending 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. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Se- conded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 59-09 Amending the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Section 9-7- 321.285 Limits Gener- ally, 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. Seconded by Braig. Voetberg asked for a review of the speed limit on University Avenue from Bluff Street to Delhi Street. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol expressed the City Council's gratitude to Police Lieutenant Scott Bax- ter and the first responders with regard to the recent armed robbery at Knicker's Bar. CLOSED SESSION Motion by Jones at to go into closed session at 9:03 p.m. regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Upon motion the City Council reconvened in regular session at 9:31 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:32 p.m. /s/Jeanne F. Schneider, CMC, City Clerk It 12/16 and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 PAY Comm Exp, FEB 1, 2011