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11 1 10 Clerk's Skeleton NotesCITY COUNCIL SPECIAL SESSION, NOVEMBER 1, 2010 COUNCIL MET IN REGULAR SESSION AT 5:00 P.M. IN THE HISTORIC FEDERAL BUILDING PRESENT: MAYOR BUOL, COUNCIL MEMBERS BRAIG, CONNORS, JONES, LYNCH, RESNICK, VOE,TBRG CITY MANAGER VAN ILLIGEN; CITY ATTORNEY LINDAHL ABSENT: ,</ Mayor Buol read the call and stated this is a special session of the City Council to receive an update on the Greenhouse Gas Inventory. Motion to adjourn at L Ayes A , Buol Connors Jones Lynch Resnick Meetherg / 0Braig Nays - 6/ 2 t e57747 a6 -/• C_J _/776,7;he, CITY COUNCIL REGULAR SESSION, NOVEMBE 1, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESS T: MAY R UOL, COUNCIL MEMBERS RAIG, CON4IORS, JO ES, LYNCH, RESN K, VOE7BERG CITY MANAGER VAN ,MILLIGEN; CITY ATTORNEY JNDAHL 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 Pastor Scott Griffin, Bible Baptist Church PRESENTATIONS Iowa Chapter of the American Planning Association — Unified Development Code — Laura Carstens 1000 Friends of Iowa Award — Unified Development Code — Laura Carstens Iowa Chapter of the American Planning Association — Sustainable Dubuque — Cori Burbach PROCLAMATIONS Hospice Month (November 2010) Philanthropy Day (November 15, 2010) d e1 Z Dubuque Main Street Week (November 1 — 7, 2010) / �P /�� Gir/G( 2 CONSENT ITEMS Suggested Disposition: Receive and File Suggested Disposition: Receive and File; Concur 3 Buol Connors Jones Lynch Resnick oetberg Braig Nays 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 8/31; City Council of 10/18; Historic Preservation Commission of 10/21; Library Board of 8/26 Proof of publication of City Council Proceedings of October 4 and 12, 2010 and List of Claims and Summary of Revenues for Month Ended September 30, 2010 2. Notice of Claims /Suits Darlene Ryan for vehicle damage; Donald Cherba for vehicle damage; Sunnycrest Manor for property damage; Jennifer Ney for personal injury; James and Molly Kolf for property damage; Gerald J. Lochner for vehicle damage; Donna J. Cooksley for vehicle damage 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: Donald Cherba for vehicle damage; Jennifer Ney for personal injury; Anne Holmberg for personal injury; Sunnycrest Manor for property damage; James and Molly Kolf for property damage; Gerald Lochner for vehicle damage 3. Renewal Rates for Voluntary Dental Plan City Manager recommending approval of the renewal rates for the City's voluntary dental plan. Suggested Disposition: Receive and File; Approve 4. Renewal Rates for Worker's Compensation Claims City Manager recommending approval of the renewal rates from Alternative Services Concepts (ASC) for services related to the administration of the City's Worker's Compensation Program. Suggested Disposition: Receive and File; Approve 5. Trail Project at the Bergfeld Recreation Area City Manager recommending acceptance of the Trail Project at the Bergfeld Recreation Area as completed by Drew Cook and Sons Excavating in the final contract amount of $444,582.00. RESOLUTION / 4 Accepting the Trail Project at the Bergfeld Recreation Area and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 6. Iowa Section of the American Water Works Association City Manager advising that Water Department Manager Bob Green has been elected to the Chair position of the Iowa Section of the American Water Works Association Board of Directors. Suggested Disposition: Receive and File Ayes Nays Buol Connors Jones Lynch Resnick Voetberg Braig 4 7. North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project — Phase I City Manager recommending acceptance of the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project — Phase I as completed by Anstoetter Construction Co., in the final contract amount of $719,884.12. RESOLUTION 2 1/7 Accepting the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project — Phase I and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 8. North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project — Phase II City Manager recommending acceptance of the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project — Phase II as completed by Portzen Construction, Inc., in the final contract amount of $1,052,308.47. RESOLUTION `'l / Accepting the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project — Phase II and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 9. North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project — Phase III City Manager recommending acceptance of the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project — Phase III as completed by Portzen Construction, Inc., in the final contract amount of $1,626,471.56. RESOLUTION G //? Accepting the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project — Phase III and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Ayes Buol Connors Jones Lynch Resnick Voetberg Braig 5 Nays I 10. National Mississippi River Museum and Aquarium Rivers Center Project – Phase I I City Manager recommending acceptance of the construction contracts for the National Mississippi River Museum and Aquarium Rivers Center Project – Phase II. RESOLUTION /IX 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 q1 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 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 Las Accepting the National Mississippi River Museum and Aquarium Rivers Center Project – Phase I I (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 Ayes Nays Buol Connors Jones Lynch Resnick Voetberg Braig 6 11. US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signal Project City Manager recommending approval of the execution of the Iowa Department of Transportation (Iowa DOT) Agreement for Iowa Clean Air Attainment Program (ICAAP) funding for the US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signal Project. RESOLUTION Approving the Iowa Department of Transportation Federal Aid Funding Agreement for an Iowa Clean Air Attainment Program (ICAAP) Project (Agreement No. 6- 10- STPA -26) for the US 151/61 at US 52 and US 151/61 at Maquoketa Drive Traffic Signal Project Suggested Disposition: Receive and File; Adopt Resolution 12. US 151/61 Capacity Improvements Project — Consultant Selection City Manager recommending approval of the selection of IIW Engineers and Surveyors, P.C. to perform the street geometric and traffic signal engineering design for the improvements along US 151/61 from US 52/Twin Valley to the Maquoketa Drive Intersection and authorize the City Manager to negotiate a professional Services Agreement and execute a contract with IIW Engineers and Surveyors, P.C. Suggested Disposition: Receive and File; Approve 13. 2009 Sewer Cured -in -Place (CIPP) Pipe Lining Project City Manager recommending acceptance of the 2009 Sewer Cured -in -Place Pipe (CIPP) Lining Project, as completed by Visu -Sewer Clean & Seal, in the final contract amount of $142,254.15. RESOLUTION Accepting the 2009 Sewer CIPP Lining Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Ayes Buol Connors Jones Lynch Resnick Voetberg Braig 7 Nays 14. Dubuque Regional Airport Jet Center Drive Resurfacing Project City Manager recommending acceptance of the Dubuque Regional Airport Jet Center Drive Resurfacing Project as completed by Eastern Iowa Excavating & Concrete, LLC, in the final contract amount of $81,567.83. RESOLUTION V�� Accepting the Dubuque Regional Airport Jet Center Drive Resurfacing Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 15. Bee Branch Creek Restoration Project — Property Acquisition City Manager recommending approval to purchase a commercial property located at 501 Rhomberg Avenue as part of the acquisition program associated with the Bee Branch Creek Restoration Project. RESOLUTION - /g / Approving the acquisition of real estate owned by Steven J. Smith and Gary L. Carner in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 16. Certification of Local Government Approval City Manager recommending City Council certification to the Iowa Finance Authority for Project Concern's Homeless Shelter Operating Grant funding. Suggested Disposition: Receive and File; Approve 17. Community Attraction and Tourism (CAT) Marketing Grant Application City Manager recommending approval of a $15,000 Community Attraction and Tourism (CAT) Marketing Grant application for marketing the Mines of Spain and the City's bilingual bike /hike trail system. RESOLUTION Support of a CAT Marketing Program Grant Application for the Mines of Spain and City Bilingual Trail System Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Buol Connors Jones Lynch Resnick Voetberg Braig 8 I 18. Federal Emergency. Management Agency City Manager recommending approval of a response letter to FEMA which outlines the City's concern with the FEMA DFIRM mapping project as it affects the City of Dubuque and clarifies the inclusion of the Julien Dubuque Monument in a special flood hazard area. Suggested Disposition: Receive and File; Approve 19. Historic Preservation Commission Correspondence Correspondence from the Historic Preservation Commission to the Dubuque Community School District regarding the proposed school closures. Suggested Disposition: Receive and File 20. Historic Millwork District Parking Lot Design — Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals for the Historic Millwork District Parking Lot Design. Suggested Disposition: Receive and File; Approve 21. "Timmy" Award Communication from Mary Mulgrew Gronen advising that the Roshek Building Redevelopment Project has won the "Best Historic Rehab Utilizing New Markets Tax Credits" Timmy Award from the National Housing and Rehabilitation Association. October 2010 Tax Credit Advisor Magazine with 2010 Timmy Award finalists. Suggested Disposition: Receive and File 22. Shelter + Care Program Annual Report City Manager recommending certification of the Shelter + Care Program annual report. Suggested Disposition: Receive and File Ayes Buol Connors Jones Lynch Resnick Voetberg Braig 9 Nays 23. Dubuque Racing Association City Manager recommending approval of the Second Amendment to Loan Agreement between DRA and American Trust and Savings Bank, the First Amendment to the Assignment of the City -DRA Lease Agreement, and the First Amendment to the Negative Pledge Agreement between the City and American Trust and Savings Bank. RESOLUTION L /fi/ Approving the Second Amendment to Loan Agreement between Dubuque Racing Association, Ltd. and American Trust and Savings Bank Suggested Disposition: Receive and File; Adopt Resolution 24. U.S. Department of Housing and Urban Development — Healthy Homes Program Funding City Manager recommending approval of an application to the U.S. Department of Housing and Urban Development for Healthy Homes Program funding. RESOLUTION Authorizing the Mayor to execute an application for a Healthy Homes Production Program Grant Suggested Disposition: Receive and File; Adopt Resolution 25. The Best Small Cities to Raise a Family Article from Yahoo! Real Estate that Forbes has named Dubuque as the top ranked city of "The Best Small Cities to Raise a Family." Suggested Disposition: Receive and File 26. Claim of Camille Blackbourn for Vehicle Damage City Attorney submitting information regarding the claim of Camille Blackbourn for vehicle damage. Suggested Disposition: Receive and File Ayes Nays Buol Connors Jones Lynch Resnick Voetberg Braig 10 1 26. Signed Contracts A. Water Pollution Control Plant Upgrade Project — Strand Associates, Inc. — Construction Related Services Agreement — Amendment #1 B. Water Pollution Control Plant Upgrade Project — Strand Associates, Inc. — Cogeneration Facilities Contract C. Water Pollution Control Plant Upgrade Project — MWH Americas, Inc. (MWH) — Environmental Contamination Consulting Services D. Water Pollution Control Plant Upgrade Project — Environmental Management Services of Iowa, Inc. (EMSI) — Asbestos Removal E. Award of the North Grandview Avenue and Rosedale Avenue Storm Sewer Repair Project contract F. Structural /Stability Analysis of Dubuque Levy and Floodwall Suggested Disposition: Receive and File 27. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. V33 RESOLUTION V33 Granting the issuance of a Class "C" Beer Permit to Friendly Locust Mart, Aldi, Inc. #30, and Kwik Stop Food Mart RESOLUTION '/5/ Granting the issuance of a Class "C" Beer /Liquor License to Aragon Tap, Channel Inn Restaurant and L. May; a Class "B" Wine Permit to Aldi, Inc. #30; and a Class "WBN" Native Wine Permit to Kwik Stop Food Mart and Dubuque Humane Society Adoption Center Suggested Disposition: Receive and File; Adopt Resolutions Ayes Buol Connors Jones Lynch Resnick Voetberg Braig 11 Nays PUBLIC HEARING 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. Sale of Property — 2015 Washington Street / Ayes /' B / • Connors / Jones 70Lynch Resnick Voetberg Braig Nays Proof of publication on notice of public hearing to consider the sale of property located at 2015 Washington Street to Jerry Chase and Julie Woodyard and City Manager recommending approval. RESOLUTION ZV5� Approving the sale of real estate, 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 REINSTATE THE RULES This action limits discussion to the City Council. Ayes o Buol Connors ones Lynch Resnick Voetberg raig 12 Nays I 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. Assistance Pool to Encourage Residential Housing in Downtown City Manager recommending approval of the issuance of a Request for Proposals for the third round of the Downtown Housing Incentives Program. RESOLUTION gib Authorizing the City Manager to solicit proposals for projects to encourage market -rate downtown rental and owner - occupied residential units in the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Buol Connors Jones Lynch Resnick oetberg Braig 13 2. Alcoholic Beverages on Leisure Services Property City Manager recommending approval of a change to the City ordinance which allows and /or prohibits alcoholic beverages in City parks. ORINANCE e Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10 -5B -2 Intoxicating Beverages by prohibiting the possession, consumption, or use of alcoholic liquor, wine, beer, or other intoxicating beverages on park roadways and recreational trails, in park and recreation facility parking lots and vehicles within a park, and in parks, unless specifically exempted or permitted Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Final Reading and Adopt Ayes v Nays Ay s Nayes � ` Buol ! // Buol / Connors Connors Jones /() Jones Lynch/ Lynch/ / Resnick Resnick4 �/oet oetberg Braig J Braig fi 14 f 3. Sister City Relationships Advisory Commission City Council Members Kevin Lynch and Dirk Voetberg recommending creation of the Sister City Relationships Advisory Commission. ORDINANCE 5 9 Amending Title 2 of the City of Dubuque Code of Ordinances by adopting a new Chapter 10 Creating the Sister City Relationships Advisory Commission Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Ay Nays J / Buol Connors j Jones Lynch Resnick Voetberg Braig A es Buol Connors Jones / Lynch // Resnick oetberg raig 4. Cartegraph Corporation Strategic Advisory Board City Manager advising that the City of Dubuque has been invited to participate in the Cartegraph Corporation Strategic Advisory Board; and, if City Council accepts the invitation, recommending appointment of a staff person- th Bo Suggested Disposition: Receive and File; Coun 15 Final Reading and Adopt Nayes es Nays Buol Connors /- ones ynch =- 'Resnick / Voetberg Braig 1 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 7 COUNCIL MEMBER REPORTS PUBLIC INPUT Ayes Buol Connors Jones Lynch Resnick Voetberg Braig Ayes i Buol Connors Jones Lynch Resnick Voetberg raig 16 Nays Nays