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12 6 10 Clerk's Skeleton NotesCITY COUNCIL SPECIAL SESSION, DECEMBER 6, 2010 COUNCIL MET IN SPECIAL SESSION AT 5:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESENT: MAYOR BUOL, COUNCIL MEMBERS BRAIG, CONNORS, JOI''ES, L 'INCH, RESNICK, VC BE,R CITY MANAGER VAN MILLIGEN; 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 n Motion to adjourn at t / Ay 6 Nays �/ Connors Jones Lynch esnick / / 0 Braig Buol /r CITY COUNCIL REGULAR SESSION, DECEMBER 6, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRES T: MAYOR 13 COUNCIL MEMBERS B AIG CON O RS JONES LY CH RES CK, VOETBERG CITY MANAGER VAN LLIGEN; CITY ATTORNEY LpNDAHL 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 Deacon Tim LoBianco, Resurrection Catholic Church 2 CONSENT ITEMS Connors / Jones /� Lynch Resnick / rg Braig e Buol Nays 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 9/28 and 10/26; City Council of 11/15; Community Development Advisory Commission of 11/17; Housing Commission of 9/28; Housing Code Appeals Board of 8/17; Human Rights Commission of 10/11; Library Board of 9/30 and 10/28; Park and Recreation Commission of 11/9 Library Board of Trustees Update from Meeting of October 28, 2010 Proof of publication of City Council Proceedings of November 1 and 15, 2010 and List of Claims and Summary of Revenues for Month Ended October 31, 2010 Suggested Disposition: Receive and File 2. Notice of Claims /Suits TransPaC Solutions for personal injury of Rebecca Voss; John W. McEnery for vehicle damage; Kristi Schreiber for property loss; Amy Osterberger for vehicle damage; Thomas C. Metz and Mary K. Metz, James W. LaBee and Bonita A. LaBee, and F. James Kolf and Molly A. Kolf vs. City of Dubuque for property damage; Mark and Sandra Willis 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: John McEnery for vehicle damage; Amy Osterberger for vehicle damage; TransPaC Solutions on behalf of Rebecca Voss for personal injury; Kristi Schreiber for property damage Suggested Disposition: Receive and File; Concur 3 3. Homelessness and Rapid Re- Housing Program (HPRP) City Manager recommending approval of an amendment to the Project Concern, Inc. agreement for the Homelessness Prevention and Rapid Re- Housing Program (HPRP). Suggested Disposition: Receive and File; Approve 4. Amendment to Fiscal Year 2010 and Fiscal Year 2011 Annual Action Plans City Manager recommending approval of an amendment to the Fiscal Year 2010 and Fiscal Year 2011 Annual Action Plans by reallocating funds from the prior Fiscal Year 2010 Annual Plan into the Fiscal Year 2011 Annual Plan and reprogramming funds for existing and new projects. RESOLUTION '1 Approving a Fiscal Year 2011 (Program Year 2010) Annual Action Plan — Amendment #2 for Community Development Block Grant (CDBG), Homelessness Prevention and Rapid Re- Housing (HPRP) and Community Development Block Grant Recovery (CDBG -R) Funds Suggested Disposition: Receive and File; Adopt Resolution 5. Acceptance of Worker's Compensation Claims Administrative Services City Manager recommending approval of an agreement between the City of Dubuque and Alternative Services Concepts (ASC) for services related to the administration of the City's Worker's Compensation Program. Suggested Disposition: Receive and File; Approve 6. National League of Cities Communication from Donald J. Borut, Executive Director — National League of Cities, congratulating the City of Dubuque on winning the 2010 All -Star Community Award in the Sustainability Recognition category. Suggested Disposition: Receive and File Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 4 7. Environmental Stewardship Advisory Commission Communication from the Environmental Stewardship Advisory Commission recommending City Council adoption of a Complete Streets Policy for new and existing streets. Suggested Disposition: Receive and File; Refer to City Manager 8. Weed Assessments City Manager recommending approval of the levy of special assessments for the second half of the 2010 Weed Enforcement Program. RESOLUTION / / Adopting the schedule of assessments for second half of 2010 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 9. 2010 Intake Reconstruction Project City Manager recommending acceptance of the 2010 Intake Reconstruction Project as completed by McDermott Excavating in the final contract amount of $65,999.00. RESOLUTION ``9 Accepting the 2010 Intake Reconstruction Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 10. Locust Street Resurfacing Project — 9 to 17 Streets City Manager recommending acceptance of the Locust Street Resurfacing Project — 9 to 17 Streets as completed by Tschiggfrie Excavating Company in the final contract amount of $643,936.18. RESOLUTION 2 Accepting the Locust Street Resurfacing Project — 9 to 17 Streets and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 5 i 11. Traffic Signal Mastarm Retrofit Project — Central Avenue at 5 and 7 Streets City Manager recommending acceptance of the Traffic Signal Mastarm Retrofit Project — Central Avenue at 5 and 7 Streets as completed by A &G Electric in the final contract amount of $156,897.58. RESOLUTION g0 Accepting the Traffic Signal Mastarm Retrofit Project — Central Avenue at 5 and 7 Streets and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 12. Replacement of Section 8 Software System City Manager recommending approval of the issuance of a request for proposals for replacement of the Housing Department's Section 8 financial and tenant management software system. Suggested Disposition: Receive and File; Approve 13. Housing Enterprise Zone Program Agreement — Bonson's Block Ventures, LLC City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Bonson's Block Ventures, LLC for benefits related to the redevelopment of the Bonson Block building located at 356 Main Street. RESOLUTION 4 4J— Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Bonson's Block Ventures, LLC Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 6 14. Downtown Rehabilitation Loan and Grants for the Caradco Building Project City Manager recommending approval of a letter of commitment fora Downtown Rehabilitation Loan of $300,000, a $10,000 facade grant, a $10,000 design grant and a $15,000 financial consultant grant for John and Mary Gronen to support their rehabilitation of the Caradco Building at 900 Jackson Street in the Historic Millwork District. RESOLUTION / /�i'i Authorizing a letter of commitment and additional actions concerning a Downtown Rehabilitation Loan, Facade Grant, Design Grant and Financial Consultant Grant to Caradco Building, LLLP Suggested Disposition: Receive and File; Adopt Resolution 15. National Academy of Public Administration Press release that City Manager Michael C. Van Milligen has been elected to be a NAPA Fellow and information from the National Academy of Public Administration. Suggested Disposition: Receive and File 16. Iowa 32 Bike / Hike Trail — Phase 2 Project City Manager recommending acceptance of the Iowa 32 Bike / Hike Trail — Phase 2 Project as completed by Connolly Construction in the final contract amount of $266,265. RESOLUTION ��/' Accepting the Iowa 32 Bike / Hike Trail — Phase 2 Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 17. Recreation Site Field Supervisor Position City Manager recommending approval of the creation of a temporary part -time position to assist with staffing at the Multicultural Family Center (MFC). Suggested Disposition: Receive and File; Approve Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 7 18. Design Service Agreement City Manager recommending approval of a Design Service Agreement with IIW for the Dubuque flood control system and East 12 Street peninsula. Suggested Disposition: Receive and File; Approve 19. Helping Services for Northeast Iowa City Manager recommending approval of a subcontract with Helping Services for Northeast Iowa regarding underage alcohol sales compliance checks and monitoring reimbursement. Suggested Disposition: Receive and File; Approve 20. Human Rights Commission Annual Report City Manager transmitting the Human Rights Commission's Annual Report for Fiscal Year 2009/2010. Suggested Disposition: Receive and File 21. Washington Neighborhood Plan City Manager recommending approval of the Washington Neighborhood Plan to facilitate future implementation of the strategies for the Washington Neighborhood and providing an update on progress. RESOLUTION '= /, 715 Adopting the Washington Neighborhood Plan Suggested Disposition: Receive and File; Adopt Resolution 22. Human Rights Commission Communication from Pamella Sharrad submitting her resignation from the Human Rights Commission. Suggested Disposition: Receive and File; Accept Resignation Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 8 23. 3D Modeling Software City Manager recommending that the City of Dubuque support a 3D Modeling project to support transportation services and economic development in Dubuque County and the region. Suggested Disposition: Receive and File; Approve 24. Code of Ordinances City Manager recommending approval of Supplements 2 and 3 to the City of Dubuque Code of Ordinances. RESOLUTION Adopting Supplements 2 and 3 to the Code of Ordinances of the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 25. Signed Contracts • Water Pollution Control Plant Modifications — Additional Service Agreement • 10 and Central Parking Ramp and 10 and Central Fire Headquarters Expansion — Construction Testing and Inspection Services Suggested Disposition: Receive and File 26. Business Licenses City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION 4 7._ - 7 Granting the issuance of a permit to sell cigarettes and cigarette papers to Kwik Stop RESOLUTION 4- Granting the issuance of a Class "C" Beer Permit to Hy- Vee #2, Kwik Stop Food Mart (2320 Hwy 61) and Kwik Stop (4110 Dodge Street) RESOLUTION 4 /6 / Granting the issuance of a Class "C" Beer /Liquor License to Pepper Sprout, Instant Replay and Double Shot; a Class "C" Liquor License to Cookin Something Up; a Class "B" Wine Permit to Hy -Vee #2; and a Class "WBN" Native Wine License to I Luv Food, Gotta Have It, Kwik Stop Food Mart (2320 Hwy 61) and Kwik Stop (4110 Dodge Street) Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 9 i ITEM TO BE SET FOR PUBLIC HEARING This agenda item is being scheduled for a future public hearing on the date indicated. 1. Historic Millwork District Complete Streets Project City Manager recommending initiation of the public bidding process for the Historic Millwork District Complete Streets Project and that a public hearing be set for December 20, 2010 to consider approval of the plans and specifications, form of contract, estimated cost and Resolution of Necessity. RESOLUTION �� Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Historic Millwork District Complete Streets Project RESOLUTION 2 . - /7 estimate of total cost and Suggested Disposition: 12/20/10 Approving the plat, schedule of assessments and setting date of public hearing on the Resolution of Necessity Receive and File; Adopt Resolutions; Public Hearing "es Nays Connors Jones Lynch Resnick erg Braig Buol 10 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. Human Rights Commission Three 3 -year terms through January 1, 2014 (Terms of Davis, Scott, and Rubenstein) One 3 -year term through January 1, 2013 (Term of Sharrad) One 3 -year term through January 1, 2012 (Term of Wilberdipg) Applicants: Frederick Davis, Jr., 2274% WashingtonS Kurt Hansen, 511 Nocturnal Lane - 1�' Marcos Rubinstein, 663 Fenelon PIaEe This Commission is subject to the State of Iowa Gender Balance Law effective January 1, 2012. Mediacom Cultural Affairs Charitable Foundation Two 1 -year terms through December 31, 2011 (Terms of Chavenelle and Twining) Applicants: Gail Chavenelle, 1155 Kelly Lane Connie Twining, 421 N. Booth Street Safe Community Advisory Committee Nine 1 -year terms through December 31, 2011 Applicants: Anthony Allen, 1725 Delhi Street Mary Rae Bragg, 350 Kaufmann Avenue Diane Callahan, 531 Sapphire Circle - o Jonathan Cheatham, 2396 University Menue Rachel Daack, 800 Laurel Street S • ©/-" Amanda Elkins, 2257 Chaney Roa Ann Ernst, 899 Mt. Carmel Road -� Phil French, 1035 Rockdale Road S) Bob Lanka, 2280 Jackson Street Doug Stillings, 1255 Locust Street - Susan Stork, 2115 Golden Eagle Lynn Sutton, 876 Yale Court 11 Mr. Allen currently serves on the Human Rights Commission. Ms. Sutton currently serves on the Human Rights Commission and the Housing Commission .gam -eete 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. Request to Reconsider — Radford Court Rezoning Communication from John Herrig requesting that City Council reconsider the Radford Court rezoning application. Communications from City Attorney Barry A. Lindahl regarding the reclassification for Radford Court LLC. Communication from Mark J. Sullivan requesting that the City Council deny the reconsideration application filed by John Herrig. Suggested Disposition: Receive and File; Council ,4 ,0 Connors Jones Lynch-/ Resnick ueetbe rrg Braig Buol ./ Connors Jones Lynch Resnick Fg Braig Buol Nays Nays Ayes Nays �/ Connors Jones 7 0 Lynch Resnick VLeetf a g 0) Braig ✓ / Buol 12 f DIP n�. ,f)41 2. City in Motion — An IBM First of a Kind Proposal City Manager recommending approval of the expansion of the IBM / City of Dubuque Smarter City Partnership into the area of vehicle miles traveled. Suggested Disposition: Receive and File; Approve Connors Jones Lynch Resnick Vtietbtsrg Braig Buol 3. Memorandum of Understanding — Black Hills Energy City Manager recommending approval to enter into a Memorandum of Understanding with Black Hills Energy Corporation to conduct a natural gas pilot program as part of Smarter Sustainable Dubuque. Suggested Disposition: Receive and File; Approve Ayes Connors /; 7, Jones j Lynch Resnick Ileetbenj Braig Buol 13 Nays Nays I' /0 4. State of Iowa Financial Assistance Application for Eagle Point Software City Manager recommending approval of the submission of a Community Economic Betterment Account (CEBA) Program Financial Assistance application to the Iowa Department of Economic Development on behalf of Eagle Point Software Corporation. RESOLUTION � Authorizing the filing of an application for State Financial Assistance on behalf of Eagle Point Software Suggested Disposition: Receive and File; Adopt Resolution 5. Five Flags Civic Center Annual Report Suggested Disposition: Receive and File i ye Connors / / Jones ✓ Lynch / Resnick / erg 1 i Braig j Buol Connors Jones / - Lynch Resnick ) _Ysaeltrerg / c Braig Buol 14 Nays City Manager transmitting the Five Flags Civic Center Annual Report and advising that Five Flags Manager Joyce White will provide an update on activities in the current fiscal year and plans for the future. Nays (Jo 6. Multicultural Family Center Annual Report City Manager transmitting the Multicultural Family Center Annual Report and advising that Multicultural Family Center Director Tara Velez will provide an update on the efforts and success of the Center. Suggested Disposition: Receive and File Ayes Nays /`. Connors Jones Lynch Resnick liemtberg / / Braig Buol 15 Suggested Disposition: Receive and File; Council Connors Jones Lynch Resnick yeetberg Braig Buol Nays Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 7. Results of Public Vote for Rebranding and Renaming KeyLine City Manager transmitting the results of the public vote for the rebranding and renaming of KeyLine and recommending that the City Council select a new name from the top vote getters. tfro ( 8. State of Iowa Legislative Priorities — 2011 Session City Manager recommending approval of the State of Iowa Legislative Priorities for the 2011 session. Suggested Disposition: Receive and File; Approve Ay Nays Connors Jones Lynch Resnick Verg Braig Buol 9. Council Appointments Communication from Jesus Aviles, Dubuque Racing Association, requesting that the City make appointments to the DRA Board of Directors (currently Mayor Roy Buol, City Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van Milligen). Communication from M. Thomas Stovall, Executive Director of Operation: New View Community Action Agency, requesting that the City make appointments to the Board of Directors (currently City Council Members Ric Jones and David Resnick), and a representative appointed by the City Manager (currently Jason Hartman). v� Suggested Disposition: Receive and File; Council Appointments /// n ,111 /7 (9 Connors / Jones Lynch Resnick yoetbtsPg Braig / Buol Nays Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol 16 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 Motion to go into Closed Session at Motion to adjourn at Ayes Nays Connors Jones Lynch Resnick Voetberg Braig Buol � Connors Jones Lynch Resnick erg Braig / Buol 17 Nays