Loading...
8 2 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, AUGUST 2, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING / PRES T: MAYO /BUOL, COUNCIL MEMBER RAIG, C NORS, J NES, LYf4 H, RES CK, VOET ERG CITY MANAGER VAN LLIGEN; CITY ATTO EY LINDAHL ABSENT: PLEDGE OF ALLEGIANCE PROCLAMATIONS United Way Campaign Time (August 2010) 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. INVOCATION Pastor Kristian Kincaid, Our Redeemer Lutheran Church / Responsible Gaming Education Week (Aug 2 -6, 2010) CONSENT ITEMS Ey f/ s Resnick Voetberg raig v Buol Connors Jones (..//) Lynch 2 Suggested Disposition: Receive and File; Concur Nays 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 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 Schad) 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 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. RESOLUTION c7 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 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 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 Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 3 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 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 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 8 Awarding public improvement contract for the IA 32 and Asbury Road Turn Lane Improvements Project Suggested Disposition: Receive and File; Adopt 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 3, Awarding public improvement contract for the US 52 Traffic Flow Enhancement Project Suggested Disposition: Receive and File; Adopt Resolution 4 Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 10. Central Avenue Water Main (21 to 32 Street) Project City Manager recommending approval of the award of the contract for the Central 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 Main (21 to 32 Street) Project Suggested Disposition: Receive and File; Adopt Resolution 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 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 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 5 Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 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. RESOLUTION c9 Accepting the deed to certain real estate in Dubuque County, Iowa from Hwy 151 & 61 Development, LLC RESOLUTION c:2e Accepting the deed to certain real estate in Dubuque County, Iowa from SB Development, LLC Suggested Disposition: Receive and File; Adopt Resolutions 15. Dubuque 2.0 Communication from Justin Thiltgen, Director — Dubuque 2.0, providing an update on Dubuque 2.0. Suggested Disposition: Receive and File 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 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 6 Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 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 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 20. Quarterly Investment Report City Manager transmitting the June 30, 2010 Quarterly Investment Report. Suggested Disposition: Receive and File 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 route for the Central Avenue (21st — 32 Street) Water Main Project. RESOLUTION .%7'1:f / 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 Ayes Resnick Voetberg Braig Buol Connors Jones Lynch Nays ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. dyes 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 c986 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 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 A 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 8 Resnick Voetberg raig Buol Connors Jones Lynch Nays 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 One 3 -year term through July 1, 2013, (Term of Whalen) West 11 Street Historic Preservation District resident requirement y Applicant: Dr. John Whalen, 1105 Highland Place Appointments to the following Boards /Commissions: Housing Commission Three 3 -year terms through August 17, 2013 (Term of Applicants: arbara Fischer, 617 Lincoln Avenue Jidy Root, 1008 Walnut Street orothy Schwendinger, OSF, 3525 Winds •r Avenue Ayes ,// Resnick Voetberg ✓ /Braig Buol onnors ones Lynch 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 9 Resnick Voetberg Braig Buol / Connors ✓ f iones Lynch y, Root and Schwendinger) Nays Nays ,47 PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. SUSPEND THE RULES Ayes 1 Resnick Voetberg Braig Buol � onnors Jones /)Lynch Suggested Disposition: Receive and File; Adopt Resolutions 10 Nays 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. 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 Boulevard to West 17 Street RESOLUTION cf/ 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 'yes Resnick Voetberg Braig Buol Connors Jones Lynch Ayes Resnick Voetberg Braig Buol Connors Jones Lynch Nays Nays 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 7 Ayes Nays Resnick i � � oetberg raig / Buol )Jone Connors Lynch 12 l� 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. RESOLUTIONc?f3 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 / Ayes / Resnick Voetberg // Braig Buol Connors / Jones Lynch REINSTATE THE RULES This action limits discussion to the City Council. 13 Resnick Voetberg Braig Buol Connors Jones Lynch Nays Nays ti 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 7 Directing sale of General Obligation Bonds, Series 2010A RESOLUTION 7 7 Directing sale of Taxable General Obligation Urban Renewal Bonds, Series 2010B RESOLUTION Directing sale of General Obligation Urban Renewal Bonds, Series 2010C RESOLUTION % 7 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 // Ayres Nays I N // Resnick // Voetberg // Braig / Buol Connors 1 Jones Lynch 14 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 Ayes Nays Resnick Voetberg / (9 Braig Buol // Connors ones ✓ ynch 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 c .9-f7 Approving plans, specifications, form of contract, and estimated cost for the Sunset Ridge Reconstruction Project RESOLUTION 9J With respect to the adoption of the Resolution of Necessity for the Sunset Ridge Reconstruction Project RESOLUTION . -?"v Approving schedule of assessments and estimate of total cost for the Sunset Ridge Reconstruction Project Suggested Disposition: Receive and File; Adopt Resolutions Ayes // Resnick Voetberg � Braig Buol Connors / Jones Lynch 15 Nays 8 0 4 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 5. Repeal of Cell Phone Ordinance Suspend the Readings Ayes. t/ ' Nays Resnick Voetberg Braig / Buol ./ Connors Jones Lynch Aye / Resnick Voetber Braig / Buol ✓ Connors Jones Lynch 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 Final Reading and Adopt r Aye Nayes J Resnick Voetberg A Braig Buol Connors / Jones Lynch 16 Nays i 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 _501 50 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 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 4- z / b 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 Suspend the Readings Ay Resnick Voetberg 7 � Braig Buol Connors /) Jones Lynch Nays Ayes I. Resnick Voetberg Braig 4 Buol Connors / Jones ynch Final Reading and Adopt A 17 Nays Nayes esnick Voetberg Braig Buol Connors Jones Lynch 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. Motion to adjourn at F 5 � COUNCIL MEMBER REPORTS PUBLIC INPUT Ayes // Resnick / / / Voetberg raig ✓/ Buol ✓ ? onnors Jones Lynch 18 Nays 7 e. 1 p 47 - - .w■•••• P r ‘/- 6 „ - • a2 9 7 e;E `-} /7- e 0 0% -e- V C-20110VEj z z(// --- --_- -_' .w��=-^~e_' .~~�^�~`---^' ~^-~~--^-- ------------ -� -'- - ^. a e-,_ 7 '