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10 4 10 Clerk's Skeleton NotesCITY COUNCIL SPECIAL SESSION, OCTOBER 4, 2010 COUNCIL MET IN REGULAR SESSION AT 5:30 P.M. IN THE HISTORIC FEDERAL BUILDING j PRES T: MAY RES CK, VOE1'BERG L, COUNCI MEMBERSZRA G, GONNORS, JNES, LYNCH, CITY MANAGER VAN I LLIGEN; CITY ATTORNE LINDAHL ABSENT: Mayor Buol read the call and stated this is a special session of the City Council to conduct a closed session in accordance with Chapter 21.5(1)(c)(j) Code of Iowa. Motion to go into Closed Session Motion to adjourn at Ayes �/ Braig Connors / Jones ynch esnick oetberg Ayes Braig liitterF Connors Jones Lynch Resnick Voetberg Nays Nays CITY COUNCIL REGULAR SESSION, OCTOBER 4, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESS : MAY &A L, COUNCI EMBERS, C NORS, JOI LY,ICH, RESNI ,VOE ERG CITY MANAGER VAN, / ILLIGEN; CITY ATTORNEILINDAHL ABSENT: Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE INVOCATION Reverend Lynn Spicer, Faith Temple United Pentecostal Church PRESENTATION 2010 Census Partnership Recognition International Economic Development Council — Excellence in Economic Development Award PROCLAMATIONS Week without Violence (October 10 —16, 2010) White Cane Safety Day (October 15, 2010) W National Save for Retirement Week (October 17 — 23, 2010) Niemann -Pick Disease Awareness Month (October 2010) Trick or Treat Night (0 , tober 31, 2010) d 2 CONSENT ITEMS y�y Braig / 1 / Connors / Jones Lynch Resnick Voetberg Nays 1. Minutes and Reports Submitted City Council of 9/20; Historic Preservation Commission of 9/16; Housing Commission of 8/24; Housing Commission Trust Fund of 8/27 and 9/23; Park and Recreation Commission of 9/14 Library Board of Trustees Update from the meeting of August 26, 2010 Suggested Disposition: Receive and File Suggested Disposition: Receive and File; Refer to City Attorney Suggested Disposition: Receive and File; Concur Proof of publication of City Council Proceedings of September 7, 2010 (Work Session and Regular Session) 2. Notice of Claims /Suits Cyndi Harker for property damage; Donald Berg for vehicle damage; James Norman for property damage 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 and Molly Fitzsimmons for property damage; Donald Berg for vehicle damage; Cyndi Harker for property damage; James Norman for property damage 3. Pennsylvania Avenue — IA 32 to Vizaleea Drive — Safety Improvements Project City Manager recommending acceptance of the Pennsylvania Avenue — IA 32 to Vizaleea Drive — Safety Improvements Project as completed by McDermott Excavating in the final contract amount of $316,390.70. RESOLUTION _eo Accepting the Pennsylvania Avenue — IA 32 to Vizaleea Drive — Safety Improvements Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 4. Chavenelle Road Pavement Repair Project City Manager recommending acceptance of the Chavenelle Road Pavement Repair Project as completed by Horsfield Construction, Inc., in the final contract amount of $37,986.10. RESOLUTION Accepting the Chavenelle Road Pavement Repair Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 5. Third Street Overpass Wall and Sidewalk Repair Project City Manager recommending acceptance of the Third Street Overpass Wall and Sidewalk Repair Project as completed by Tschiggfrie excavating Company in the final contract amount of $41,554.76. RESOLUTION 5r27 Accepting Third Street Overpass Wall and Sidewalk Repair Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 4 Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg 6. Rescind Lease Agreement — Dubuque Bruisers Football Team City Manager recommending approval of rescinding the lease agreement between the City and Dubuque Bruisers Football Team for a portion of Roosevelt Park. Suggested Disposition: Receive and File; Approve 7. 2010 Census Awareness Campaign Summary City Manager transmitting the Census 2010 Awareness Campaign Summary Report. Suggested Disposition: Receive and File 8. Iowa Clean Air Attainment Program and the Job Access Reverse Commute Program City Manager recommending approval of an application for a $225,907 grant from the Iowa Clean Air Attainment Program (ICAAP) and a $30,058 grant from the Job Access Reverse Commute Program. RESOLUTION Authorizing an application for funding from the Iowa Clean Air Attainment Program to create a bus route that serves the west end shopping centers RESOLUTION Authorizing an application for continuation funding from the Job Access Reverse Commute Program for a bus route serving the Industrial Park and Industrial Park West Suggested Disposition: Receive and File; Adopt Resolutions 9. Community Foundation of Greater Dubuque Media release announcing that the Community Foundation of Greater Dubuque has received a $205,500 grant from the John S. and James L. Knight Foundation. Suggested Disposition: Receive and File / yes Nays Braig / -gtr61 / / 9Connors Jones /j Lynch Resnick 0 Voetberg 5 10. Application for HUD Healthy Homes / Lead Paint Hazard Control Program Funding City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development for continuation of the Lead Paint Hazard Control Program. RESOLUTION .9 7 Authorizing the Mayor to execute an application for a HUD Lead Paint Hazard Control and Healthy Homes Program Grant Suggested Disposition: Receive and File; Adopt Resolution 11. Crescent Community Health Center Federal Grant Renewal City Manager recommending approval of a letter of support for the Crescent Community Health Center's Service Area Competition (SAC) Grant. Suggested Disposition: Receive and File; Approve 12. Support for Safe Routes to School Infrastructure Grant Letter of support from the Health Services Department for the City of Dubuque's application for a Safe Routes to School Infrastructure Grant. Suggested Disposition: Receive and File 13. Government Finance Officers Association Communication from the Government Finance Officers Association advising that the City has received the Distinguished Budget Presentation Award for the current budget and that a Certificate of Recognition for Budget Presentation has been presented to Budget Director Jennifer M. Larson. Suggested Disposition: Receive and File 14. Office of the Governor Communication from Govern Chester J. Culver and Lt Governor Patty Judge informing Paul Schultz that he has been appointed as a member of the Green Advisory Committee. Suggested Disposition: Receive and File Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg 6 15. Re- Lighting the FifthStreet Ramp and Locust Street Ramp City Manager recommending approval of two contracts with TwistHDM /Limelight for replacement lighting in the Fifth Street Ramp and the Locust Street Ramp. RESOLUTION Re- Lighting the 5 Street Ramp and Locust Street Ramp Suggested Disposition: Receive and File; Adopt Resolution 16. Plat of Survey — Dubuque Technology Park #3 City Manager recommending approval of a plat to subdivide Lot 1 of the Dubuque Technology Park #3 to accommodate the development plans submitted by Conlon Johnson Development, LLC for the Sedgwick expansion. RESOLUTION 3� Approving plat of survey of Lot 1 of 1 and Lot 2 of 1 in Dubuque Technology Park #3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 17. Dubuque County Board of Supervisors Communication from the Dubuque County Board of Supervisors to the Federal Emergency Management Agency in support of the City of Dubuque's technical appeal of the FEMA preliminary DFIRM. Suggested Disposition: Receive and File 18. International Economic Development Council Media release from the International Economic Development Council announcing that the City of Dubuque has received an Excellence in Economic Development Award for the Historic Roshek Building Redevelopment in the category of Public- Private Partnerships. Press release announcing that the greater Dubuque Development Corporation was recognized for Excellence in Economic Development for their Dubuque Works — A Workforce Initiative in the category of Human Capital fromm the International Economic Development Council. Suggested Disposition: Receive and File Ayes Braig Buol Connors Jones Lynch Resnick Voetberg 7 Nays 19. Historic Millwork District Complete Streets TIGER Grant City Manager recommending approval of the final TIGER grant funding agreement for the Historic Millwork District Complete Streets Project. Suggested Disposition: Receive and File; Approve 20. All -Star Community for Sustainability Initiative Press release announcing that the Iowa League of Cities has recognized the City of Dubuque as a 2010 All -Star Community for its sustainability initiative. Suggested Disposition: Receive and File 21. RECAT Grant Application for Bee Branch Creek Restoration Project City Manager recommending approval of a Notice of Intent to Apply form and Resolution for a RECAT grant application for the Bee Branch Creek Restoration Project to Vision Iowa. RESOLUTION � Support of RECAT Program Application for funding for the Bee Branch Creek Restoration Project Suggested Disposition: Receive and File; Adopt Resolution 22. AmeriCorps Partners in Learning Supplemental Grant Award City Manager recommending approval of the execution of the supplemental grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque AmeriCorps Program. Suggested Disposition: Receive and File; Approve 23. Open Burning Communication from Joan E. Wehrspann, P.O. Box 632, regarding open burning. Suggested Disposition: Receive and File /Ayes 8 Braig Bea Connors Jones Lynch esnick Voetberg Nays 24. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION .99/ Granting the issuance of a Class "C" Beer Permit to Hy- Vee Gas #2 and Holy Ghost Church RESOLUTION ,� 9/ Granting the issuance of a Class "C" Be liquor License to Denny's Lux Club and Loras College; and a Class "WBN Native Wi Solon Langworthy House Suggested Disposition: Receive and File; Adopt Resolutions 9 Ayes Braig Buol Connors Jones Lynch Resnick Voetberg Nays i ITEM TO BE SET FOR PUBLIC HEARING This agenda item is being scheduled for a future public hearing on the date indicated. 1. Amended and Restated Development Agreement — Conlon Johnson Development, LLC City Manager recommending that a public hearing be set for October 18, 2010 to consider an Amended and Restated Development Agreement with Conlon / Johnson to accommodate the Company's continued growth in the Technology Park. RESOLUTION 37 Intent to dispose of an interest in City of Dubuque real estate and 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 an Amended and Restated Development Agreement relating thereto with Conlon Johnson Development, LLC, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 10/18/10 Ayes ,/ Braig Connors Jones Lynch 7 Resnick Voetberg 10 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. Housing Trust Fund Advisory Committee One 3 -year term through September 8, 2013 (Term of Walsh) Applicant: John Walsh, 3116 Spring Valley Road Appointments to the following Boards /Commissions: Airport Commission One 4 -year term through September 14, 2012 (Term of Czeshinski) Applicants: Dan Nicholson, 889 Walker Street Amy Wagner, 4555 Camelot Drive Nicholson Wagner Braig Connors Jones Lynch I/ Resnick Voeerg Environmental Stewardship Advisory Commission — Additional Applicants One 3 -year term through October 1, 2013 (Term of Suarez) Applicants: Will Hoyer, 486 Clarke Drive Kenneth Miller, 195 Julien Dubuque Drive Adita Sinha, 900 South Grandview Avenue Stacy Splittstoesser, 1694 Radford Road, #18 11 Braig Connors Jonesj Lynch Resnick Voetberg Hoyer � Miller / " Sinha / / Splittstoesser / 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. Housing Trust Fund Advisory Committee One 3 -year term through September 8, 2013 (Term of Walsh) Applicant: John Walsh, 3116 Spring Valley Road Appointments to the following Boards /Commissions: Airport Commission One 4 -year term through September 14, 2012 (Term of Czeshinski) Applicants: Dan Nicholson, 889 Walker Street Amy Wagner, 4555 Camelot Drive Nicholson Wagner Braig Connors Jones Lynch I/ Resnick Voeerg Environmental Stewardship Advisory Commission — Additional Applicants One 3 -year term through October 1, 2013 (Term of Suarez) Applicants: Will Hoyer, 486 Clarke Drive Kenneth Miller, 195 Julien Dubuque Drive Adita Sinha, 900 South Grandview Avenue Stacy Splittstoesser, 1694 Radford Road, #18 11 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. Convention and Visitors Bureau Quarterly Report Keith Rahe, Convention and Visitors Bureau, to provide a verbal quarterly report. Suggested Disposition: Receive and File � es Nays Braig Connors // Jones / ynch / snick Voetberg 2. Upper Main Street National Register of Historic Places District Historic Preservation Commission recommending approval of an amendment to the Upper Main Street National Register of Historic Places District to include 909 Main Street (the Fischer Building), 951 Main Street, 955 Main Street and 965 Main Street. Suggested Disposition: Receive and File; Approve Ayes Nays Braig J341151 Connors Jones Lynch //,, Resnick Voetberg 12 , p0 3. Schroeder - Kleine Grocer Company Warehouse and M.M. Walker Company Warehouse Historic Preservation Commission recommending that the Schroeder - Kleine Grocer Company Warehouse and M.M. Walker Company Warehouse be nominated to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve , Ayes Braig / / Deg! Connors ones Lynch Resnick Voetberg 4. Walker's Shoe Store Historic Preservation Commission recommending that the Walker Shoe Store building be nominated to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve Braig Connors Jones Lynch Resnick Voetberg 13 Nays Nays 5. Washington Street and East 22 Street Historic District Historic Preservation Commission recommending that the Washington Street and East 22 " Street Historic District be nominated to the National Register of Historic Places. Suggested Disposition: Receive and File; Approve 6. Historic Millwork District Parking City Manager recommending approval of an Offer to Buy Real Estate and Acceptance for the Alamo site in the Historic Millwork District to develop parking to support redevelopment of the District. RESOLUTION , 3 ?7 Approving an agreement for purchase of real estate in the Historic Millwork District, City of Dubuque, Iowa, commonly referred to as the Alamo site, from Warehouse Redevelopment, LLC Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays ,/ Braig jilt k' e7 Connors �/ Jones Lynch / ' Resnick � Aye ,� Braig lB�t Connors Jones Jones � Lynch 1Resnick Voetberg 14 4,1'6 7. Lot One, LLC Settlement Agreement City Manager recommending approval of the Settlement / Acknowledgement Agreement of Lot One, LLC, and communication from Joseph Zwack, Lot One, LLC, regarding the Alcohol Compliance Settlement Agreement. Suggested Disposition: Receive and File; Approve Aye7 Braig //0 Jones Connors / �' Lynch / , Resnick / Voetberg Nays Ayes I Braig auerl / Connors Jones V Lynch /� Resnick Voetberg 15 Nays 8. Safe Community Advisory Committee City Manager recommending approval of the creation of the Safe Community Advisory Committee. ORDINANCE SS / '' Creating a Safe Community Advisory Committee Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Final Reading and Adopt Ayes/ Nayes Braig O Bf Connors ./ Jones/ / Lynch ✓/ Resnick p oetberg / 7 j /I .P5 9. Iowa Great Places Video City Manager transmitting information on the City of Dubuque's Iowa Great Places Designation and the Iowa Great Places Video. Suggested Disposition: Receive and File Ayes Braig lirr61 0 Connors 7/ Jones / , Lynch 16 esnick Voetberg Suggested Disposition: Receive and File; Approve "'es Braig / Argil Connors Jones Lynch Lynch Resnick Voetberg COUNCIL MEMBER REPORTS PUBLIC INPUT Nays Nays 10. Continued Implementation of IBM Smarter City Partnership City Manager recommending continued implementation of the Smarter City Partnership with IBM into the area of vehicle miles traveled. At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition — Chapter 21.5(1)(c)(j) Code of Iowa Motion to go into Closed Session at `�' ✓� Motion to adjourn at `�� Ayes ,/ Braig Bat! / ,/ Connors /, Jones / /,.% ynch / esnick Voetberg Ayes Braig Buol Connors Jones Lynch Resnick Voetberg 17 Nays Nays