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Minutes_City Council Proceedings 8 16 10CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 16, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Voetberg 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 Pastor Travis Roehm of Bridge Christian Church. PROCLAMATION Table Mound Elementary School Week (August 23 -27, 2010) was accepted by Table Mound Elementary School Principal Roy Hansen and three student representatives. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Louis Pfeiler, 12275 Kingston Way, requested ( #15) Veterans' Memorial Plaza be held for separate discussion. Motion carried 6 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 6/16; City Council of 8/2; Human Rights Commission of 7/8; Investment Oversight Advisory Commission of 7/28; Park and Recreation Commission of 7/13; Transit Board of Trustees of 7/8; Zoning Advisory Commission of 8/4; Zoning Board of Adjustment of 7/22 Investment Oversight Advisory Commission's 69 Quarterly Report Proof of publication of City Council Proceedings of July 19, 2010 and List of Claims and Summary of Revenues for Month Ended June 30, 2010 Upon motion the documents were received and filed. Notice of Claims /Suits: Kenneth Booth for vehicle damage; James and Bonita LaBee for property damage; Thomas and Mary Metz for property damage; Edward Ehrlich for vehicle damage; Michelle Grobstick for vehicle damage; Christine M. Putnam for personal injury; Dave Grant for vehicle damage; Rolf and Nancy Goeck for property damage; Justin R. Mills for property damage; James R. Richardson for vehicle 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: Dan Dolphin for property damage; Edward J. Ehrlich for vehicle damage; James LaBee for property damage; Kenneth R. Booth for property damage; Thomas Metz for property damage; Michelle Grobstick for vehicle damage; Christine M. Putnam for personal injury; Karen L. Candee for property damage; Nancy Goecke for property damage. Upon motion the documents were received, filed, and concurred. Fiscal Year 2010 Annual Action Plan — Amendment 4: City Manager recommending approval of Amendment 4 to the Fiscal Year 2010 Annual Plan for the Homelessness Prevention and Rapid Re- Housing Program. Upon motion the documents were received and filed and Resolution No. 304 -10 Approving Amendment 4 to the Fiscal Year 2010 Annual Plan for the Homelessness Prevention and Rapid Re- Housing Program was adopted. Fire Station No. 4 — Roof Replacement Project: City Manager recommending acceptance of the Fire Station No. 4 — Roof Replacement Project as completed by Giese Roofing Company in the final contract amount of $20,780. Upon motion the documents were received and filed and Resolution No. 305 -10 Accepting the Fire Station No. 4 — Roof Replacement Project and authorizing payment of the contract amount to the contractor was adopted. Southwest Arterial — Supplemental Agreement: City Manager recommending approval of the Supplemental Agreement with AECOM Technical Services, Inc., to provide construction engineering services for the North Cascade Road Reconstruction Project. Upon motion the documents were received and filed and Resolution No. 306 -10 Approving the Consultant Professional Services — Supplemental Agreement between AECOM Technical Services, Inc. and the City of Dubuque for construction engineering services for the North Cascade Road Reconstruction Project (Phase 1 of the Southwest Arterial Project) was adopted. Raymond Place /Maiden Lane Retaining Wall — Emergency Repair: City Manager recommending approval of the emergency repairs of the Raymond Place /Maiden Lane Retaining Wall. Upon motion the documents were received and filed and Resolution No. 307 -10 Authorizing emergency repairs to the Raymond Place /Maiden Lane Retaining Wall was adopted. E.B. Lyons Interpretive Center 28E Agreement: City Manager recommending approval of a 28E Agreement including the City, the Iowa Department of Natural Resources and the Friends of the Mines of Spain for the Friends of the Mines of Spain to operate their gift shop, vending machines and events at the expanded E.B. Lyons Interpretive Center at the state park. Upon motion the documents were received, filed, and approved. Final Plat — Larkspur Addition: Zoning Advisory Commission recommending approval of the final plat of Lot 1, Lot 2 and Lot 3 of Larkspur Addition as requested by John A. Brennan. Upon motion the documents were received and filed and Resolution No. 308 -10 Approving the Final Plat of Lot 1, Lot 2 and Lot 3 of Larkspur Addition in the City of Dubuque, Iowa, was adopted. Plat of Survey — Creek Wood Drive: Zoning Advisory Commission recommending approval of the Plat of Survey of Creek Wood Drive as requested by Greg McCoy. Upon motion the documents were received and filed and Resolution No. 309 -10 Approving the Plat of Survey of Lot 1 of the NE 1/4 SW 1 /4 Section 2, T88N, R2E of the 5 P.M. of Creek Wood Drive was adopted. Iowa Department of Economic Development State Planning Grant: City Manager recommending approval of an Iowa Department of Economic Development State Planning Grant application. Upon motion the documents were received and filed and Resolution No. 310- 2 10 Authorizing State Planning Grant application to the Iowa Department of Economic Development was adopted. Dubuque County Conservation Board: Communication to Brian Preston, Dubuque County Conservation Board, regarding a REAP Grant for land acquisition along Heritage Trail in Dubuque County. Upon motion the document was received and filed. 73 CHS Forwards, LLC — Housing Enterprise Zone Agreement: City Manager recommending approval of a Housing Enterprise Zone Program Agreement for 73 CHS Forwards, LLC related to the redevelopment of the historic Cooper Wagon Works Building located at 299 Main Street. Upon motion the documents were received and filed and Resolution No. 311 -10 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and 73 CHS Forwards, LLC, was adopted. CARADCO Building, LLLP — Housing Enterprise Zone Agreement: City Manager recommending approval of a Housing Enterprise Zone Program Agreement for CARADCO Building, LLLP related to the redevelopment of the former Carr, Ryder & Adams Company building located at 900 Jackson Street. Upon motion the documents were received and filed and Resolution No. 312 -10 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and CARADCO Building, LLLP, was adopted. HHH Enterprises, LLC: City Manager recommending approval of $15,000 in funding from the Downtown Housing Incentive Pool to HHH Enterprises, LLC to create three housing units at 164 -180 Main Street. Upon motion the documents were received and filed and Resolution No. 313 -10 Approving an award to HHH Enterprises, LLC from the Downtown Housing Incentive Pool to create new market -rate housing units within the Greater Downtown Urban Renewal District was adopted. Veterans' Memorial Plaza: City Manager recommending approval of the acceptance of ownership of Veterans' Memorial Plaza on Chaplain Schmitt Island. Motion by Jones to receive and file the documents and adopt Resolution No. 314 -10 Accepting ownership of Veterans' Memorial Plaza on Chaplain Schmitt Island. Seconded by Resnick. Louis Pfeiler, 12275 Kingston Way, thanked the City Council and Dubuque residents for making the memorial possible and spoke in support of the proposed resolution. Mr. Pfeiler provided a project update and introduced project directors Louis Kaftan, Keith Shearer and Cindy Kohlmann. Motion carried 6 -0. Portside Ventures, LLC — Termination of Development Agreement: City Manager recommending approval of the acknowledgement of the termination of the Development Agreement between the City and Portside Ventures, LLC. Upon motion the documents were received and filed and Resolution No. 315 -10 Approving the acknowledgement of termination of the Development Agreement between the City of Dubuque, Iowa and Portside Ventures, LLC, was adopted. General Obligation Bonds — Series 2010A: City Manager recommending approval of the final proceedings providing for the issuance of $4,470,000 General Obligation Bonds, Series 2010A. Upon motion the documents were received and filed and Resolution No. 316 -10 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Payment Agent, Bond 3 Registrar and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement; and Resolution No. 317 -10 Authorizing and providing for the issuance of $4,470,000 General Obligation Bonds, Series 2010A, and levying a tax to pay said bonds were adopted. Taxable General Obligation Urban Renewal Bonds — Series 2010B: City Manager recommending approval of the final proceedings providing for the issuance of $2,675,000 Taxable General Obligation Urban Renewal Bonds, Series 2010B. Upon motion the documents were received and filed and Resolution No. 318 -10 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Payment Agent, Bond Registrar and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement; and Resolution No. 319 -10 Authorizing and providing for the issuance of $2,675,000 Taxable General Obligation Urban Renewal Bonds, Series 2010B and levying a tax to pay said bonds were adopted. General Obligation Urban Renewal Bonds — Series 2010C: City Manager recommending approval of the final proceedings providing for the issuance of $2,825,000 General Obligation Urban Renewal Bonds, Series 2010C. Upon motion the documents were received and filed and Resolution No. 320 -10 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Payment Agent, Bond Registrar and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement; and Resolution No. 321 -10 Authorizing and providing for the issuance of $2,825,000 General Obligation Urban Renewal Bonds, Series 2010C, and levying a tax to pay said bonds were adopted. Day of Peace Partnership: City Manager recommending approval for the City to be listed as a sponsor for the celebration of the United Nations International Day of Peace on September 21, 2010. Upon motion the documents were received, filed, and approved. Miller Road Water Main Extension Project: City Manager recommending acceptance of the Miller Road Water Main Extension Project as completed by McClain Excavating Company, Inc. in the final contract amount of $129,834.43. Upon motion the documents were received and filed and Resolution No. 322 -10 Accepting the Miller Road Water Main Extension Project and authorizing payment of the contract amount to the contractor was adopted. Human Rights Commission: Communication from the Human Rights Commission advising the City Council of recent and upcoming endeavors of the Commission. Upon motion the document was received and filed. Agreement with the Community Foundation of Greater Dubuque for Project HOPE: City Manager recommending approval of a contract for services with Community Foundation of Greater Dubuque to assist in achieving the Project HOPE objectives. Upon motion the documents were received, filed, and approved. Catfish Creek Generator Project: City Manager recommending award of the contract for the Catfish Creek Generator Project to A &G Electric, in the amount of $92,100. Upon motion the documents were received and filed and Resolution No. 323 -10 Awarding public improvement contract for the Catfish Creek Generator Project was adopted. 4 Citizen Communications: Communication from Dionne T. Klauer, 2131 Concord Court, regarding the lack of sidewalks on Marion Street from Fremont to the bottom of the hill at Concord and Concord Court. Communication from William Steppan requesting that the parking ordinance limiting one parking permit per apartment and two permits per block be re- visited. Upon motion the documents were received, filed, and referred to the City Manager. Transit Board of Trustees: Communication from Lu Ann Schmidt advising that she is unable to accept her appointment to the Transit Board of Trustees. Communication from Ruth Scharnau advising that she will not be able to accept her re- appointment to the Transit Board of Trustees. Upon motion the documents were received and filed. FAA Grant Funds Match Request: City Manager recommending approval to reallocate funds from existing projects to meet the required 5% local match ($99,500) for Runway Safety Area Improvements, Electronic Airport Layout Plan and Safety Management Systems. Upon motion the documents were received, filed, and approved. Grant Application for Innovative Human Resources Project: City Manager recommending approval of the submission of a grant application to the International Public Management Association for Human Resources and CPS Human Resource Services in the amount of $25,000. Upon motion the documents were received, filed, and approved. Safe Community Task Force Recommendations — Section 8 Policy Changes: City Manager transmitting information about recent Section 8 rule changes adopted by the Dubuque Housing Commission. Upon motion the documents were received and filed. Signed Contracts: Bergfeld Trail Phase 2 Project — Change Order. Upon motion the documents were received and filed. Liquor License Transfer: Request of the Rotary Club of Dubuque to transfer their liquor license to the Alliant Energy Outdoor Amphitheater on August 28, 2010 for the Irish Hooley event. Upon motion the documents were received, filed, and approved. Liquor License Refund: Request of Kristina L. Chapman, K -Chap Foods, for a refund of Cigarette License #DBQ -059 in the amount of $75.00. Upon motion the documents were received, filed, and the refund approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 324 -10 Granting the issuance of a Class "B" Beer Permit (5 Day Special Event) to Clarke University, Riverfest and Music n More; and a Class "C" Beer Permit to Sid's Beverage, Ron's Discount Smokes and DBQ Quick Stop Mart; and Resolution No. 325 -10 Granting the issuance of a Class "C" Beer /Liquor License to Eagles Club, Courtside Sports Bar /Grill, Star Restaurant and Lounge and Chances R; a Special Class "C" Liquor License to Tri -State Blind Society and Bandana's Bar -B -Q; a Special Class "C" Liquor License (5 Day Special Event) to Dubuque Jaycees (8/19/10 and 9/2/10), Camp Albrecht Acres and Dubuque Fine Arts Society; a Special Class "C" Liquor License (14 Day Special Event) to Dubuque Fine Arts Society; a Class "B" 5 Wine Permit to Sid's Beverage Store; and a Class "WBN" Native Wine License to Mandolin Inn were adopted. License Agreement — Dubuque Community Ice and Recreation Center, Inc.: City Manager recommending approval of a License Agreement between Dubuque Community Ice and Recreation Center, Inc., and Northern Lights Hockey. Upon motion the documents were received, filed, and approved. Dubuque Community Ice and Recreation Center, Inc.: City Manager recommending approval of the First Amendment to the Lease Agreement between the City of Dubuque and Dubuque Community Ice and Recreation Center. Upon motion the documents were received and filed and Resolution No. 326 -10 Approving the First Amendment to the Lease Agreement between the City of Dubuque, Iowa and Dubuque Community Ice and Recreation Center, Inc. was adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 6 -0. Sale of Property at 1699 Washington Street: City Manager recommending that a public hearing be set for September 7, 2010 to consider the disposal of property located at 1699 Washington Street. Upon motion the documents were received and filed and Resolution No. 327 -10 Resolution of Intent to dispose of City -owned property, specifically, Lot 2 of Lot 86 in East Dubuque Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 1699 Washington Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 7, 2010 in the Historic Federal Building. Five Points Traffic Signal Reconstruction Project: City Manager recommending initiation of the public bidding process for the Five Points Traffic Signal Reconstruction Project and that a public hearing be set for September 7, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 328 -10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Five Points Traffic Signal Reconstruction Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 7, 2010 in the Historic Federal Building. General Obligation Loan Notes: City Manager recommending that a public hearing be set for September 7, 2010 to consider the issuance of not to exceed $3,000,000 General Obligation Capital Loan Notes. Upon motion the documents were received and filed and Resolution No. 329 -10 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,000,000 General Obligation Capital Loan Notes of Dubuque, Iowa, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 7, 2010 in the Historic Federal Building. Sewer Revenue Capital Loan Notes: City Manager recommending that a public hearing be set for September 20, 2010 to consider the issuance of not to exceed $10,100,000 Sewer Revenue Capital Loan Notes. Upon motion the documents were received and filed and 6 Resolution No. 330 -10 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $10,100,000 Sewer Revenue Capital Loan Notes of Dubuque, Iowa, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 20, 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: Airport Commission: Two 4 -year terms through August 14, 2014 (Terms of Accinelli and Daoud). Applicants: Steven Accinelli, 3007 Huntington Drive; and Charles Daoud, 396 Moore Heights. Appointments to the following Boards /Commissions: Historic Preservation Commission: 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. Moton by Braig to appoint John Whalen to the Historic Preservation Commission (W. 11 Street Historic Preservation District) for a 3 -year term through July 1, 2013. Seconded by Connors. Motion carried 6 -0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Southwest Arterial Project: North Cascade Road Reconstruction: Proof of publication on notice of public hearing on the plans, specifications, form of contract and estimated cost for the North Cascade Road Reconstruction Project (Phase I of the Southwest Arterial Project) and City Manager recommending award of the contract to C.J. Moyna & Sons, Inc. in the amount of $1,591,521.32, subject to Iowa Department of Transportation approval. Motion by Jones to receive and file the documents and adopt Resolution No. 331 -10 Approving plans, specifications, form of contract and estimated cost for the North Cascade Road Reconstruction — Grading and Paving Project; and Resolution No. 332 -10 Awarding public improvement contract for the North Cascade Road Reconstruction — Grading and Paving Project. Seconded by Connors. Robert Runde, 13097 N. Cascade Road, questioned how the project will be constructed while allowing for through traffic, why the overpasses are scheduled for construction ahead of the main project, and who will be responsible for maintaining the final roadway. Assistant City Engineer Bob Schiesl stated that it is a more efficient and effective expenditure of available funds to keep the project moving forward adding that overpasses will be constructed parallel to impacted cross roads to allow for through traffic and that the County has the responsibility of maintaining the final roadway. Motion carried 6 -0. Request to Rezone — 380 East 21 Street: Proof of publication on notice of public hearing to consider a request from Michelle Mihalakis to rezone property located at 380 East 21 Street from R -2A Alternate Two - Family Residential District to OR Office Residential District and Zoning Advisory Commission recommending approval. 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 Lynch. Motion carried 6 -0. Michelle Mihalakis, 2545 Jackson Street; Jenny Manders, 1990 Ellis Street; and Theresa Caldwell, 1633 Elm Street, spoke in support of the proposed ordinance. Planning Services Manager Laura Carstens provided a staff report. 7 Motion by Connors for final consideration and passage of Ordinance No. 47 -10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 380 East 21 Street from R -2A Alternate Two - Family Residential to OR Office Residential District. Seconded by Braig. Motion carried 6 -0. Request for Text Amendment — Definition of Townhouse: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 2 — Unified Development Code to modify the definition of a townhouse and Zoning Advisory Commission recommending approval. 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 6 -0. Planning Services Manager Laura Carstens provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 48 -10 Amending Title 16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by amending Article 2 Definitions by modifying the definition of Townhouse. Seconded by Braig. Motion carried 6 -0. Request for Text Amendment — Commercial Recreation District: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 5 — Unified Development Code to allow upper floor housing units in the CR Commercial Recreation District as a permitted use and Zoning Advisory Commission recommending approval. Motion by Lynch 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 Connors. Motion carried 6 -0. Planning Services Manager Laura Carstens provided a staff report. Motion by Lynch for final consideration and passage of Ordinance No. 49 -10 Amending Title 16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by amending Article 5, Zoning Districts, to allow residential use above the first floor only as a principal permitted use in the CR Commercial Recreation District. Seconded by Braig. Motion carried 6 -0. Request for Text Amendment — Light Industrial District: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 5 — Unified Development Code to allow residential use as a conditional use in LI Light Industrial and MHI Modified Heavy Industrial Districts and Zoning Advisory Commission recommending approval. 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 Lynch. Motion carried 6 -0. Planning Services Manager Laura Carstens provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 50 -10 Amending Title 16 of the City Of Dubuque Code of Ordinances, Unified Development Code, by amending Article 5, Zoning Districts, to allow adding residential use as a conditional use in the LI Light Industrial and MHI Modified Heavy Industrial Districts. Seconded by Braig. Motion carried 6 -0. 73 CHS Forwards, LLC — Development Agreement: Proof of publication on notice of public hearing 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 and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 333 -10 Approving a Development Agreement with 73 CHS Forwards, LLC for the property located at 299 Main Street. Seconded by Braig. Responding to questions from City 8 Council, Economic Development Director Dave Heiar clarified that the referenced apartments are market - rate /workforce housing. Motion carried 6 -0. Conservation Easement Agreement for Preservation of the Dubuque Shot Tower: Proof of publication on notice of public hearing to consider a Conservation Easement Agreement for Preservation of the Dubuque Shot Tower and City Manager recommending approval. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 6 -0. Upon motion the rules were reinstated limited discussion to the City Council. ACTION ITEMS Sale of Water Revenue Bonds — Series 2010D: City Manager advising that the results of the sale of $5,700,000 Water Revenue Bonds, Series 2010D will be brought to the August 16, 2010 City Council meeting for approval. Motion by Connors to receive and file the documents and adopt Resolution No. 334 -10 Directing sale of Water Revenue Bonds, Series 2010D. Seconded by Braig. Budget Director Jenny Larson provided a summary of the bond sale. Motion carried 6- 0. State of Iowa Financial Assistance Application for Sedgwick Claims Management, Inc.: City Manager recommending approval of a financial assistance application to the Iowa Department of Economic Development on behalf of Sedgwick Claims Management, Inc. Motion by Connors to receive and file the documents and adopt Resolution No. 335 -10 Authorizing the filing of an application for State Financial Assistance on behalf of Sedgwick Claims Management Services, Inc. Seconded by Resnick. Motion carried 6 -0. Every Child / Every Promise: Request of Community Foundation of Greater Dubuque Vice President of Programs Eric Dregne to address the City Council to provide an update on the efforts of Every Child / Every Promise. Motion by Jones to receive and file the information. Seconded by Braig. Mr. Dregne, 700 Locust Street, provided an oral report. Motion carried 6 -0. Lower Bee Branch Creek Reconstruction Project: City Manager recommending award of the public improvement contract for the Lower Bee Branch Creek Reconstruction Project to Tschiggfrie Excavating Co. in the amount of $10,836,588.85. A video regarding the Lower Bee Branch Creek Reconstruction Project and recent flooding in the area was shown. Motion by Connors to receive and file the documents and adopt Resolution No. 336 -10 Awarding public improvement contract for the Lower Bee Branch Creek Reconstruction Project. Seconded by Braig. Responding to questions from City Council, Civil Engineer Deron Muehring stated that despite improvements in upstream detention basins, the Bee Branch Creek sewer is still under capacity adding that increases in the non - residential storm water fee would be a multiple of the residential storm water fee, which can include credit for pervious surfaces. Muehring said that final costs could come in lower than originally bid. Motion carried 6 -0. Reorganization of the Human Rights Department: City Manager recommending approval of a proposed reorganization of the Human Rights Department to implement one of the Safe Community Task Force recommendations. Motion by Jones to receive and file the documents and approve the recommendation. City Attorney Barry Lindahl explained what City Attorney 9 services would be outsourced and how staff duties would be restructured to accommodate the human rights work. Seconded by Connors. Motion carried 6 -0. Acceptance of Petition and Waiver Agreements — Historic Millwork District: City Manager recommending acceptance of the Petition and Waiver Agreements from the property owners donating the right -of -way in the Millwork District. This item was removed from the agenda. Antique Police Car: City Manager recommending acceptance of the charitable donation of an antique 1948 Chevrolet Stylemaster sedan which replicates a Dubuque Police Department Accident Prevention Bureau vehicle. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6 -0. Tax Increment Financing 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. 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 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 51 -10 Amending Ordinance Nos. 58 -09, 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. Seconded by Braig. Motion carried 6 -0. Dubuque County Historical Society Lease for Mississippi Plaza Property — Tabled from August 2, 2010 Meeting: City Manager recommending approval of the amended lease agreement between the Dubuque County Historical Society and the City of Dubuque for the development of the proposed Mississippi Plaza, subject to the approval of the associated sub- lease agreements and the Vision Iowa contract. Vision Iowa: River Enhancement Community Attraction and Tourism Program Grant Agreement: City Attorney recommending approval of a proposed River Enhancement Community Attraction and Tourism Program Grant Agreement by and among the Vision Iowa Board, Dubuque County Historical Society and the City of Dubuque. Motion by Jones to table these two items until the September 7, 2010 City Council meeting. Seconded by Braig. Motion carried 6 -0. There being no further business, upon motion the City Council adjourned at 8:47 p.m. it 8/25 /s /Jeanne F. Schneider, CMC City Clerk 10