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8 2 10 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 8/2/10 RESNICK VOETBERG BRAIG BUOL CONNORS JONES LYNCH CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, AUGUST 2, 2010 PLEDGE OF ALLEGIANCE INVOCATION Pastor Kristian Kincaid, Our Redeemer Lutheran Church PROCLAMATIONS United Way Campaign Time (August 2010) Responsible Gaming Education Week (August 2-6, 2010) United Way Responsible Gaming CampaignWeek 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 Arts and Cultural Affairs Advisory Commission of 5/25, 6/10 and 6/16; City Council of 7/19; Library Board of Trustees of 4/22; Historic Preservation Commission of 7/15; Housing Commission of 5/25 Library Board of Trustees Update from the Meeting of July 22, 2010 Proof of publication of City Council Proceedings of July 6, 2010 Suggested Disposition: Receive and File Arts & Cultural Art & Cultural Affairs Arts & Cultural City CouncilLibrary BdHistoric Preservation Affairsof 6/10Affairs of 6/16 HousingLibrary Bd Update 2. Notice of Claims/Suits Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle damage; Gayle Walter for personal injury; Karen L. Candee for property damage; Jennifer Bries for vehicle damage; Thomas J. Juergens for personal injury; Erin Fitzsimmons for vehicle damage; Neil and Beth Pitman for property damage; Dan and Lori Dolphin for property damage; Dorothy L. Lester vs. City of Dubuque, an Iowa Municipal Corporation 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: Stephanie Schadl for personal injury/property damage; Erin Fitzsimmons for vehicle damage; Tom Juergens for personal injury; Gayle Walter for personal injury; Jennifer Bries for vehicle damage; Neil Pitman for property damage Suggested Disposition: Receive and File; Concur Claims - ICAP 3. First Half of 2010 Weed Assessments City Manager recommending approval of the levy of special assessments for the first half of the 2010 Weed Enforcement Program in the total amount of $1,372.15. 2 RESOLUTION Adopting the schedule of assessments for the first half of the 2010 Weed Enforcement Program and directing the City Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution Assessments - MVM Assessments - Staff Assessments - Weed Assessments MemoMemoResolution 4. Highway 61 / 151 South Water Main Extension Project City Manager recommending acceptance of the Highway 61 / 151 South Water Main Extension Project as completed by McClain Excavating Company, Inc. in the final contract amount of $117,084.26. RESOLUTION Accepting the Highway 61 / 151 South Water Main Extension project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Water Main - MVM Water Main - Staff Water Main - MemoMemoResolution 5. Friends of the Mines of Spain Historic District Public Improvement Program (HDPIP) Request Historic Preservation Commission recommending approval of $25,000 in Historic District Public Improvement Program (HDPIP) funds for the Junkermann Farm and Meskwaki Interpretive Exhibits as part of the Mines of Spain Exhibit and Education Program. Suggested Disposition: Receive and File; Approve HDPIP - HPC LtrHDPIP - ApplicationHDPIP - Staff ReportHDPIP - Status Report 6. Operation: New View Communication from Tom Stovall, Operation: New View, thanking the City Council for their support of the $18,805 Purchase of Service contract. Suggested Disposition: Receive and File New View Ltr 3 7. Novell Multi-Year Support Agreement City Manager recommending approval of a three-year Novell software licensing and support agreement as proposed by Arrow Enterprise Computing Solutions, Inc. Suggested Disposition: Receive and File; Approve Novell - MVM MemoNovell - Staff MemoNovell - Payment Non-Appropriation Novell - Quote AgreementAddendum 8. IA 32 and Asbury Road Turn Lane Improvements Project City Manager recommending approval of the award of the contract for the IA 32 and Asbury Road Turn Lane Improvements Project to Eastern Iowa Excavating and Concrete, LLC, in the amount of $410,312.15. RESOLUTION Awarding public improvement contract for the IA 32 and Asbury Road Turn Lane Improvements Project Suggested Disposition: Receive and File; Adopt Resolution IA 32 - MVM MemoIA 32 - Staff MemoIA 32 - Resolution 9. US 52 Traffic Flow Enhancement Project City Manager recommending approval of the award of the contract for the US 52 Traffic Flow Enhancement Project to Portzen Construction, Inc., in the amount of $970,792.42. RESOLUTION Awarding public improvement contract for the US 52 Traffic Flow Enhancement Project Suggested Disposition: Receive and File; Adopt Resolution US 52 - MVM MemoUS 52 - Staff MemoUS 52 - ResolutionUS 52 - Bid Tab stnd 10. Central Avenue Water Main (21 to 32 Street) Project City Manager recommending approval of the award of the contract for the Central stnd Avenue Water Main (21 to 32 Street) Project to Drew Cook & Sons Excavating Co. Inc., in the amount of $492,512.00. RESOLUTION Awarding public improvement contract for the Central Avenue Water stnd Main (21 to 32 Street) Project Suggested Disposition: Receive and File; Adopt Resolution 4 Central Ave - MVM Central Ave - Staff Central Ave - Central Ave - Bid Tab MemoMemoResolution 11. Bus Wrap Advertising City Manager recommending that all of the responses to the Request for Proposals for bus wrap advertising be rejected and that a local plan be implemented. Suggested Disposition: Receive and File; Approve Advertising - MVM Advertising - Staff Bus Advertising Advertising - RTA MemoMemoRatesDecals 12. Proceedings to Direct Advertisement for the Sale of Water Revenue Bonds City Manager recommending approval to advertise the sale of $5,700,000 Water Revenue Bonds and approve electronic bidding procedures and the form of notice of sale. RESOLUTION Directing the advertisement for sale of $5,700,000 Water Revenue Bonds Suggested Disposition: Receive and File; Adopt Resolution Revenue Bonds - Revenue Bonds - Revenue Bonds - Revenue Bonds - Draft Preliminary 2009 CAFR MVM MemoStaff MemoNoth LtrResolutionStatement 13. Request for Proposals – Structural Modifications to Floodwall Levee City Manager recommending approval of the issuance of a Request for Proposals for structural analysis of the Dubuque levee and floodwall system in accordance with the levee certification requirements of the National Flood Insurance Program regulations. Suggested Disposition: Receive and File; Approve Levee - MVM MemoLevee - Staff Memo 14. Purchase of Property – Hwy 151 & 61 Development, LLC and SB Development, LLC City Manager recommending acceptance of the Warranty Deeds from Hwy 151 & 61 Development, LLC and SB Development, LLC for acquisition of right-of-way for the Bee Branch Creek Sewer Project. 5 RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Hwy 151 & 61 Development, LLC RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from SB Development, LLC Suggested Disposition: Receive and File; Adopt Resolutions Hwy 151 & 61 - MVM Hwy 151 & 61 - BAL Hwy 151 & 61 - Hwy 151 & 61 - SB Development - SB Development - MemoMemoResolutionWarranty DeedResolutionWarranty Deed 15. Dubuque 2.0 Communication from Justin Thiltgen, Director – Dubuque 2.0, providing an update on Dubuque 2.0. Suggested Disposition: Receive and File Dubuque 2.0 Memo 16. Federal Transit Administration City Attorney providing the requisite opinion of counsel for the benefit of the Federal Transit Administration in connection with the application of the City for Federal transportation assistance. Suggested Disposition: Receive and File FTA - BAL Ltr 17. Federal Emergency Management Agency (FEMA) Communication from Senator Charles Grassley thanking the City for providing his staff with an update on the status of the work with the Federal Emergency Management Agency (FEMA) regarding the City’s preliminary flood plain map. Suggested Disposition: Receive and File Grassley Ltr 6 18. City Development Board Communication from the City Development Board providing notice of meeting to reconsider voluntary annexation in the matter of the City of Asbury voluntary annexation including non-consenting owners within the urban area of the City of Dubuque. Suggested Disposition: Receive and File City Development Bd Notice 19. Office of the City Assessor Communication from Richard A. Engelken, City Assessor, advising that the Board of Review has one appeal before the Property Assessment Appeal Boards in Des Moines and four appeals before the Iowa District Court. Suggested Disposition: Receive and File Engelken Ltr 20. Quarterly Investment Report City Manager transmitting the June 30, 2010 Quarterly Investment Report. Suggested Disposition: Receive and File Quarterly Report - Quarterly Report - Investment Earnings Monthly Investment Schedule of Accrued MVM MemoStaff MemoSummarySummaryInterest Schedule of City Funds 21. Iowa Department of Transportation – Local Road Detour Agreement City Manager recommending approval for the Mayor to execute an agreement with the Iowa Department of Transportation for the use of local roads as an authorized detour stnd route for the Central Avenue (21 – 32 Street) Water Main Project. RESOLUTION Approving the Iowa Department of Transportation Agreement for use of local agency roads as detours for the Central Avenue (US 52) Water Main Project Suggested Disposition: Receive and File; Adopt Resolution 7 IDOT - MVM MemoIDOT - Staff MemoIDOT - ResolutionIDOT Detour Agreement ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. 73 CHS Forward, LLC – Development Agreement City Manager recommending that a public hearing be set for August 16, 2010 to consider entering into a Development Agreement with 73 CHS Forwards, LLC on the property located at 299 Main Street, the former Cooper Wagon Works building. RESOLUTION Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with 73 CHS Forwards, LLC, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/16/10 73 CHS - MVM Memo73 CHS - Staff Memo73 CHS - ResolutionDevelopment Agreement 2. Southwest Arterial Project: North Cascade Road Reconstruction City Manager recommending that a public hearing be set for August 16, 2010 on the North Cascade Road Reconstruction Project (Phase I of the Southwest Arterial Project). RESOLUTION Setting date of public hearing on plans, specifications, form of contract and estimated cost for the Southwest Arterial Project: North Cascade Road Reconstruction Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 8/16/10 SW Arterial - MVM SW Arterial - Staff SW Arterial - MemoMemoResolution 8 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. Historic Preservation Commission th One 3-year term through July 1, 2013, (Term of Whalen) West 11 Street Historic Preservation District resident requirement Applicant: Dr. John Whalen, 1105 Highland Place Appointments to the following Boards/Commissions: Housing Commission Three 3-year terms through August 17, 2013 (Terms of Eddy, Root and Schwendinger) Applicants: Barbara Fischer, 617 Lincoln Avenue Judy Root, 1008 Walnut Street Dorothy Schwendinger, OSF, 3525 Windsor Avenue Transit Advisory Board One 3-year term through July 30, 2011 (Vacant term of Croissant) One 3-year term through July 30, 2013 (Term of Scharnau) Applicants: Ruth Scharnau, 2905 Wilderness Drive Lu Ann Schmidt, 3395 Jackson Street Board and Overview SheetHPC ApplicationHousing ApplicationsTransit Applications Commission List PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. SUSPEND THE RULES 1. Vacating Petition – Portion of Cox Street Proof of publication on notice of public hearing to consider a request from Loras College President Jim Collins to vacate and purchase a portion of Cox Street and City Manager recommending approval. City Manager providing follow-up to the questions asked about the possible vacation of Cox Street. Communications from Michael and Jackie Mulgrew, Ray Martelle, Bob Selle, Giles Ede and Carol Nestby in opposition to the proposed closing of Cox Street. Communication from Roman and Nancy Ciapalo, 1209 Highland Place, in support of the vacating and disposal of a portion of Cox Street to Loras College. 9 Communication from James E. Collins, President – Loras College, regarding the proposal to vacate and purchase a portion of Cox Street. Communication from Tom Hoelscher in opposition to the vacating and sale of a portion of Cox Street to Loras College. RESOLUTION Approving the plat of proposed vacated portion of Cox Street from Loras th Boulevard to West 17 Street th RESOLUTION Vacating a portion of Cox Street from Loras Boulevard to West 17 Street RESOLUTION Disposing of City interest in Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions Cox St - MVM MemoCox St - Staff MemoCox St - ResolutionsCox St - Plat of Cox St - Opposition Cox St - Support Ltr SurveyLtrs Follow-Up - MVM Follow-Up - Staff Cox St - Cox St - Alternate MemoMemoImprovements MapRoutes Material from July 6, 2010 City Council Meeting Cox St - MVM MemoCox St - Staff MemoCox St - ResolutionCox St - Vicinity Map Cox St - Loras LtrCox St - Opposition and PlatLtr 2. Dubuque County Historical Society Lease for Mississippi Plaza Property Proof of publication on notice of public hearing to consider the Fourth Amendment to the Lease Agreement with the Dubuque County Historical Society for the National Mississippi River Museum and Aquarium and the new National River Center and City Manager recommending that this item be tabled to August 16, 2010 upon completion of the public hearing. Suggested Disposition: Receive and File; Table to August 16, 2010 DCHS Lease - MVM DCHS Lease - Staff DCHS Lease - Exhibit DCHS - Concept Site MemoMemoAPlan 10 Material from July 6, 2010 City Council Meeting DCHS Lease - MVM DCHS - Staff MemoDCHS Lease - DCHS Fourth DCHS - Plaza DCHS - Exhibit A MemoResolutionAmendmentConcept Site Plan 3. Sewer Revenue Capital Loan Notes Proof of publication on notice of public hearing to consider the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $65,000,000 Sewer Revenue Capital Loan Notes Suggested Disposition: Receive and File; Adopt Resolution Loan Notes - MVM Loan Notes - Staff Loan Notes - MemoMemoResolution Material from July 6, 2010 City Council Meeting Loan Notes - MVM Loan Notes - Staff Loan Notes - Noth Loan Notes - MemoMemoLtrResolution REINSTATE THE RULES This action limits discussion to the City Council. 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. Sale of General Obligation Bonds City Manager advising that the results of the sale of $4,470,000 General Obligation Bonds, Series 2010A; $2,675,000 Taxable General Obligation Urban Renewal Bonds, Series 2010B; and $2,825,000 General Obligation Urban Renewal Bonds, Series 2010C will be brought to the August 2, 2010 City Council meeting for approval. RESOLUTION Directing sale of General Obligation Bonds, Series 2010A RESOLUTION Directing sale of Taxable General Obligation Urban Renewal Bonds, Series 2010B RESOLUTION Directing sale of General Obligation Urban Renewal Bonds, Series 2010C 11 RESOLUTION Authorizing the redemption of the outstanding General Obligation Bonds, Series 2002B, dated March 1, 2002, of the City of Dubuque, Iowa, and directing Notice of Redemption Suggested Disposition: Receive and File; Adopt Resolutions Sale - MVM MemoSale - Noth LtrSeries 2010A - Series 2010B - Series 2010C - Series 2002B - ResolutionResolutionResolutionResolution 2. Sunset Ridge Reconstruction Project – Motion to Reconsider Council Member Braig requesting that the July 19, 2010 vote on the motion to approve the Sunset Ridge Reconstruction Project be reconsidered. Suggested Disposition: Receive and File; Motion to Reconsider Braig Ltr 3. Sunset Ridge Reconstruction Project Communication from Steve Conlon, 655 Sunset Ridge, advising that the majority of residents of Sunset Ridge would like to rescind their opposition to sidewalk installation and request that the City Council approve the Sunset Ridge Reconstruction Project. City Manager recommending approval of the Sunset Ridge Reconstruction Project with a revised project schedule. RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Sunset Ridge Reconstruction Project RESOLUTION With respect to the adoption of the Resolution of Necessity for the Sunset Ridge Reconstruction Project RESOLUTION Approving schedule of assessments and estimate of total cost for the Sunset Ridge Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolutions Conlon LtrSunset Ridge - MVM Sunset Ridge - Staff Sunset Ridge - Sunset Ridge - Sunset Ridge - MemoMemoResolutionsAssessment PlatAssessments 12 4. Trash and Ash Cans on Public Right-of-Way City Manager recommending approval of general guidelines for ash and trash cans placed on public right-of-way. Suggested Disposition: Receive and File; Approve Ash Cans - MVM Ash Cans - Staff Cans - Supporting MemoMemoDocuments 5. Repeal of Cell Phone Ordinance City Manager recommending that the cell phone ordinance be repealed due to the adoption of State legislation on texting and cell phone use. ORDINANCE Repealing Ordinance No. 11-10 Prohibiting the Use of an Electronic Communications Device While Operating a Motor Vehicle Suggested Disposition: Receive and File; Motion B; Motion A Repeal - MVM MemoRepeal - Staff MemoRepeal - OrdinanceSuggested Motion 6. Fiscal Year 2011 Dubuque County REAP Plan City Manager recommending approval of the City of Dubuque’s update of the Fiscal Year 2011 Dubuque County REAP Plan, submittal of the Fiscal Year 2011 REAP grant application for installation of the Iowa 32 Bike / Hike Trail – Phase 4 Project and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Committee. RESOLUTION Authorizing REAP Grant application to Iowa Department of Natural Resources for Iowa 32 Bike/Hike Trail (Phase 4) Suggested Disposition: Receive and File; Adopt Resolution; Council Appointment REAP - MVM MemoREAP - Staff MemoREAP - ResolutionREAP Committee LtrREAP - Grant REAP Plan ApplicationQuestionnaire REAP Plan - Appointment 13 7. 2009 International Fire Code City Manager recommending approval of the adoption of the 2009 International Fire Code published by the International Code Council, Inc. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations by repealing such section and adopting a new Title 14, Chapter 1, Article E, Sections 1 through 5 which adopt the International Fire Code, 2009 Edition, amends the International Fire Code, 2009 Edition, as adopted, and provides for enforcement, addresses emergent situations, and provides discretion to the Fire Chief Suggested Disposition: Receive and File; Motion B; Motion A Fire Code - MVM Fire Code - Staff Fire Code - Suggested Motion MemoMemoOrdinance 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. Jeanne F. Schneider July 29, 2010 14