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10 18 10 City Council Agenda without Icons ROLL CALL ORDER FOR MEETING OF 10/18/10 BRAIG BUOL CONNORS JONES LYNCH RESNICK VOETBERG CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 6:30 P.M. HISTORIC FEDERAL BUILDING MONDAY, OCTOBER 18, 2010 PLEDGE OF ALLEGIANCE INVOCATION Pastor Dianne Christopher, St. Luke's Methodist Church PRESENTATION Iowa Wellness Council's Healthy Community Award 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 City Council of 10/4 and 10/12; Community Development Advisory Commission of 9/7; Human Rights Commission of 9/13; Zoning Advisory Commission of 10/6; Zoning Board of Adjustment of 9/23 Proofs of publication of City Council Proceedings of September 20, 2010 and List of Claims and Summary of Revenues for Month Ended August 31, 2010 Suggested Disposition: Receive and File 2. Notice of Claims/Suits Gregory Doser for vehicle damage; William J. Millman for vehicle damage; Mark and Kim Tranel for property damage; Anne Holmberg for personal injury 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: Gregory Doser for vehicle damage; William J. Millman for vehicle damage; Mark and Kim Tranel for property damage Suggested Disposition: Receive and File; Concur 3. Replacement of Solid Waste Collection Vehicle City Manager recommending approval of the replacement of solid waste collection vehicle #3419 subject to a future budget amendment. Suggested Disposition: Receive and File; Approve 4. Camille Blackbourn Claim Communication from Bradley T. Boffeli, Blair & Fitzsimmons, P.C., requesting that the claim of Camille Blackbourn for vehicle damage be reviewed. Suggested Disposition: Receive and File; Refer to City Attorney 5. Iowa Department of Transportation Official notification that the Iowa Department of Transportation proposes to let a HMA nd (Hot Mix Asphalt) Joint and Crack Sealing project located on US 52 from 32 Street northerly to Iowa 32 in Dubuque on December 21, 2010. Suggested Disposition: Receive and File 6. Plat of Survey – Lott Addition Zoning Advisory Commission recommending approval of the plat of survey of 637 Arlington Street as requested by Dave Schneider / David and Julie Lott. RESOLUTION Approving the Plat of Survey of Lott Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 7. Final Plat – Westwood Heights No. 2 Zoning Advisory Commission recommending approval of the final plat of Lot 1 and Lot 2 of Westwood Heights No. 2 in the County of Dubuque, Iowa. RESOLUTION Approving the final plat of Lot 1 and Lot 2 of Westwood Heights No. 2 in the County of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 2 8. Sustainable Dubuque Task Force Communication from the Iowa Chapter of the American Planning Association advising that the Sustainable Dubuque planning process has been selected to receive the Chapter’s Excellence Award for Innovation for Sustaining Places. Suggested Disposition: Receive and File 9. School Resource Officer Agreement City Manager recommending approval of the Fiscal Year 2010/2011 School Resource Officer agreement between the City of Dubuque Police Department and the Dubuque Community School District. Suggested Disposition: Receive and File; Approve 10. Dubuque Industrial Center West-North Siegert Farm Phase III – PCC Paving and Utilities Project City Manager recommending acceptance of the Dubuque Industrial Center West-North Siegert Farm Phase III – PCC Paving and Utilities Project, as completed by Horsfield Construction, Inc. in the final contract amount of $693,058.70 RESOLUTION Accepting the Dubuque Industrial Center West-North Siegert Farm Phase III – PCC Paving and Utilities Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 11. I-JOBS Agreement – Lower Bee Branch Creek Restoration Project City Manager recommending approval of the I-JOBS Grant Agreement for the Lower Bee Branch Creek Restoration Project. RESOLUTION Authorizing the execution of a Grant Agreement with the Iowa Jobs Board and the Iowa Finance Authority as required for the City’s receipt of $3,965,500 in State I-JOBS funding for the Lower Bee Branch Creek Restoration Project Suggested Disposition: Receive and File; Adopt Resolution 12. National Mississippi River Museum and Aquarium Rivers Center Project – Phase II City Manager recommending acceptance of the construction contracts for the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II. RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 1 – General Construction, authorizing payment of the contract amount to the contractor RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 2 – Food Service, authorizing payment of the contract amount to the contractor 3 RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 4 – Plumbing Systems, authorizing payment of the contract amount to the contractor RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 5 – HVAC Systems, authorizing payment of the contract amount to the contractor RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 6 – Geothermal Well Systems, authorizing payment of the contract amount to the contractor RESOLUTION Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II (Iowa DOT No. EDP-2100 (652)—7Y-31), Contract No. 7 – Electrical System, authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolutions 13. Asbury Plaza No. 12 City Manager recommending that the developer of Asbury Plaza No 12, Rubloff Development Group, Inc., be required to install street lighting in 2010 and be given until July 1, 2011, to complete the public improvements as required by the Resolution approving the final plat. RESOLUTION Amending Resolution No. 387-04 Approving the Final Plat of Asbury Plaza No. 12 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 14. North Grandview Avenue and Rosedale Avenue Storm Sewer Repair City Manager recommending approval of the emergency repairs of the North Grandview Avenue and Rosedale Avenue Storm Sewer Repair Project, and to solicit informal bids for the project through adoption of the attached resolution. RESOLUTION Authorizing emergency repairs to the storm sewer at North Grandview Avenue and Rosedale Avenue Suggested Disposition: Receive and File; Adopt Resolution 15. 2010 Public Right-of-Way Sidewalk Repair Assessment Project City Manager recommending approval of the final assessment schedule for the 2010 Public Right-of-Way Sidewalk Repair Assessment Project. RESOLUTION Adopting the final assessment schedule for the 2010 Public Right-of- Way Sidewalk Repair Assessment Project Suggested Disposition: Receive and File; Adopt Resolution 4 16. Historic Millwork District Development Communication from Jill Connors, Gronen Restoration, to Michael Brannon, President of the Dubuque Community School District, regarding the DCSD’s Facilities Global Strategy. Suggested Disposition: Receive and File 17. Termination of Lease – ABC Supply City Manager recommending approval of the termination of the current lease with ABC Supply. Suggested Disposition: Receive and File; Approve 18. International Economic Development Council (IEDC). Media release announcing that East Central Intergovernmental Association received an Excellence in Economic Development Award for their AccessMyFuture.com – Find Your Road to Success in the category of Special Purpose Website from the International Economic Development Council (IEDC). Suggested Disposition: Receive and File 19. Hillcrest Family Services Agreement City Manager recommending approval of an agreement with Hillcrest Family Services for the use of Murphy Park from October 30th through January 10th to set up a holiday light display. Suggested Disposition: Receive and File; Approve 20. Assistance to Firefighter Grant Application City Manager recommending approval of an Assistance to Firefighter Grant Program application to the U.S. Department of Homeland Security for public education, inspection and equipment funding. Suggested Disposition: Receive and File; Approve 21. Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts City Manager recommending approval of the submission of delinquent water, sewer, refuse and storm water collection accounts to the Dubuque County Treasurer. RESOLUTION Adopting the Schedule of Assessments for delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution 5 Storm Water Utility Revenue Capital Loan Notes, Series 2010G 22. City Manager recommending approval of the final proceedings providing for the issuance of $7,850,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010G. RESOLUTION Approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $7,850,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010G, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes Suggested Disposition: Receive and File; Adopt Resolution 23. Legislative Correspondence Communication from Senator Charles Grassley regarding the Transit Investment for Greenhouse Gas and Energy Reduction (TIGGER) application submitted by the City of Dubuque. Suggested Disposition: Receive and File 24. Liquor License Refunds Refund of K-Chap Foods, Inc. Beer Permit No. BC 0013779 in the amount of $56.25. Refund of Mr. Rogers Pub LLC Class C Liquor License No. LC0035906 in the amount of $295.75. Suggested Disposition: Receive and File; Approve Refunds 25. Cigarette and Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one new cigarette license to Kohinoor Grocers RESOLUTION Granting the issuance of a Class “B” Beer Permit to Happy Joe’s Ice Cream and Pizza Parlor and a Class “C” Beer Permit to Target Store and Big 10 Mart Car Wash RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Manna Java World Café, Europa Haus & Bierstube, The Bank Bar & Grill, Jumpers Sports Bar, Rainbow Lounge, Dog House Lounge and Crust Italian Kitchen; a Special Class “C” Liquor License to HuHot Mongolian Grill; and a Class “B” Wine Permit to Crust Italian Kitchen and Target Store Suggested Disposition: Receive and File; Adopt Resolutions 6 ITEM TO BE SET FOR PUBLIC HEARING This agenda item is being scheduled for a future public hearing on the date indicated. 1. Sale of Property – 2015 Washington Street City Manager recommending that a public hearing be set for November 1, 2010 to consider the sale of property located at 2015 Washington Street to Jerry Chase and Julie Woodyard. RESOLUTION Of intention to dispose of City-owned property, specifically, the northerly 46 feet of Lot 20 in Steiner’s Addition or Subdivision in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 2015 Washington Street Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/1/10 BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Housing Trust Fund Advisory Committee One 3-year term through September 8, 2013 (Term of Walsh) Applicant: John Walsh, 3116 Spring Valley Road 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. Request to Rezone – End of Radford Court Proof of publication on notice of public hearing to consider a request from John Herrig / Flint Drake / Radford Development, LLC, to rezone property located at the end of Radford Court from C-2 Neighborhood Shopping Center District to R-4 Multi-Family Residential District and Zoning Advisory Commission recommending approval. Communication from Planning Services Manager Laura Carstens advising that 31.7% of the adjacent property owners within 200 feet of the rezoning are in opposition; therefore, a super-majority vote of the City Council is necessary to approve the rezoning request. Communication from Mark J. Sullivan requesting that the proposed rezoning of property located on Radford Court be tabled to November 15, 2010. Communication and petition from Mark J. Sullivan in opposition to the proposed rezoning. 7 ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the end of Radford Court from C-2 Neighborhood Shopping Center District to R-4 Multi-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A or Table 2. Request to Rezone – Property South of Creekwood Drive Proof of publication on notice of public hearing to consider a request from Davin Curtiss (representing John Knepper) to rezone property located south of Creekwood Drive, in conjunction with annexation, from County C-1 and R-2 to City R-1 Single-Family Residential District, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property, in conjunction with annexation, located south of Creekwood Drive from County C-1 and R-2 to City R-1 Single-Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A 3. Request to Annex – John Knepper Proof of publication on notice of public hearing to consider a request from John Knepper to voluntarily annex and rezone 2.79 acres of property on the south side of the City of Dubuque adjacent to Timber-Hyrst Subdivision and City Manager recommending approval. RESOLUTION Approving application for voluntary annexation of territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 4. Request to Rezone – 40, 42, 44 and 48 Main Street Proof of publication on notice of public hearing to consider a request from Jay Freeberry to rezone property located at 40, 42, 44 and 48 Main Street from C-3 General Commercial and C-4 Downtown Commercial District to OC Office Commercial District and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 40, 42, 44 and 48 Main Street from C-4 Downtown Commercial District to OC Office Commercial District Suggested Disposition: Receive and File; Motion B; Motion A 8 5. 44 Main, LLC – Development Agreement Proof of publication on notice of public hearing to consider the issuance of not to exceed $350,000 Urban Renewal Tax Increment Revenue Bonds and a proposed Development Agreement with 44 Main, LLC and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $350,000 Urban Renewal Tax Increment Revenue Notes RESOLUTION Authorizing and providing for the issuance of $337,000 Urban Renewal Tax Increment Revenue Notes, Taxable Series 2010H (44 Main, LLC Project) of the City of Dubuque, Iowa, and providing for the securing of such notes for the purpose of carrying out an Urban Renewal Project in the area of the City of Dubuque, Iowa designated as the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolutions 6. Amended and Restated Development Agreement – Conlon Johnson Development, LLC Proof of publication on notice of public hearing to consider an Amended and Restated Development Agreement with Conlon / Johnson to accommodate the Company’s continued growth in the Technology Park and City Manager recommending approval. RESOLUTION Approving an Amended and Restated Development Agreement providing for the sale of Lot 2-1 of Dubuque Technology Park No. 3, in the City of Dubuque, Iowa according to the recorded plat thereof to Conlon Johnson Development, LLC Suggested Disposition: Receive and File; Adopt Resolution 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. Resolution of Support Communication from Arnie Honkamp and Dan Hammel requesting that City Council adopt a Resolution of Support for the referendum on the continuation of gaming in Dubuque County. RESOLUTION Supporting the referendum on the continuation of gaming in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution 9 2. Amendment to Development Agreement – 40 Main, LLC City Manager recommending approval of the Third Amendment to the Development Agreement with 40 Main, LLC and authorize agreements to allow for refinancing of the project. RESOLUTION Approving the Third Amendment to the 40 Main, LLC Development Agreement Suggested Disposition: Receive and File; Adopt Resolution 3. Downtown Housing Incentive Program City Manager recommending approval of projects by Bonson Block, LLC and 44 Main, LLC to receive incentives to create new housing units within the Greater Downtown Urban Renewal District and the issuance of a Request for Proposals for a third round of applications. RESOLUTION Approving an award to Bonson Block, LLC and 44 Main, LLC from the Downtown Housing Incentive Pool to create new market-rate housing units within the Greater Downtown Urban Renewal District and recommend closeout of the second round of applications for the incentive program and authorizing the City Manager to solicit proposals for a third round of applications Suggested Disposition: Receive and File; Adopt Resolution th 4. 18 Street Office Building Renovation – Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals to seek qualified firms interested in providing architectural design and construction th administration services for the 18 Street Office Building Renovation Project and authorize the City Manager to negotiate and execute the contract. Suggested Disposition: Receive and File; Approve 5. Community Development Block Grant Award to CARADCO Project City Manager recommending that he be authorized to indicate to the Iowa Department of Economic Development the City’s interest in accepting a $3 million Community Development Block Grant award for the CARADCO project. Suggested Disposition: Receive and File; Approve 6. Safe Community Task Force City Manager transmitting information on the Dubuque Police Department’s response to two Safe Community Task Force recommendations – (1) direct the Police Department to enforce noise ordinances more aggressively and (2) direct the Police Department to enforce traffic ordinances more aggressively. Suggested Disposition: Receive and File 10 7. Dubuque Community School District School Closure Options City Manager recommending approval of the transmittal of the City of Dubuque’s report on the proposed public school closure options being considered by the Dubuque Community School District to the Dubuque Community School District Board of Directors and request that the Board reconsider their decision. Suggested Disposition: Receive and File 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. CLOSED SESSION Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) Code of Iowa Jeanne F. Schneider October 14, 2010 11