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10 4 10 City Council Proceedings Official_Regular and Special CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on October 4, 2010 in the Historic Federal Building. Present: Mayor Pro-Tem Braig, Council Members, Connors, Jones, Lynch, Resnick, Voetberg (via phone), City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro-Tem Braig 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 by Connors to go into closed session at 5:31 p.m. regarding pending litigation pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 6-0. Upon motion the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 6:26 p.m. /s/Jeanne F. Schneider, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 4, 2010 in the Historic Federal Building. Present: Mayor Pro-Tem Braig, Council Members, Connors, Jones, Lynch, Resnick, Voetberg (via phone), City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro-Tem Braig 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 Reverend Lynn Spicer of Faith Temple United Pentecostal Church. PRESENTATIONS 2010 Census Partnership Recognition was presented by Planning Services Manager Laura Carstens. International Economic Development Council – Excellence in Economic Development Award was presented by Economic Development Director Dave Heiar. PROCLAMATIONS Week without Violence (October 10 – 16, 2010) was accepted by Sr. Charla Bulko of the Dubuque Community Y, 35 N. Booth Street; White Cane Safety Day (October 15, 2010); National Save for Retirement Week (October 17 – 23, 2010) was accepted by Personnel Manager Randy Peck; Niemann-Pick Disease Awareness Month (October 2010); Trick or Treat Night (October 31, 2010) was accepted by Mayor Pro-Tem Braig. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Voetberg requested (#7) 2010 Census Awareness Campaign Summary; (#13) Government Finance Officers Association; and (#14) Office of the Governor be held for separate discussion. Connors requested (#20) All-Star Community for Sustainability Initiative be held for separate discussion. Motion carried 6-0. 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 Proof of publication of City Council Proceedings of September 7, 2010 (Work Session and Regular Session) Upon motion the documents were received and filed. Notice of Claims/Suits: Cyndi Harker for property damage; Donald Berg for vehicle damage; James Norman for property 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 and Molly Fitzsimmons for property damage; Donald Berg for vehicle damage; Cyndi Harker for property damage; James Norman for property damage. Upon motion the documents were received, filed and concurred. 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. Upon motion the documents were received and filed and Resolution No. 382-10 Accepting the Pennsylvania Avenue – IA 32 to Vizaleea Drive – Safety Improvements Project Phase II and authorizing payment of the contract amount to the contractor was adopted. 2 RESOLUTION NO. 382-10 ACCEPTING THE PENNSYLVANIA AVENUE FROM IA 32 TO VIZALEEA DRIVE SAFETY IMPROVEMENTS PROJECT PHASE II AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project Phase II (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Traffic Safety Improvements Funds and the Dubuque Community School District Fund appropriation for the contract amount of $316,390.70 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 4 day of October, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE PENNSYLVANIA AVENUE FROM IA 32 TO VIZALEEA DRIVE SAFETY IMPROVEMENTS PROJECT PHASE II The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project Phase II, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $384,681.54. th Dated this 28 day of September, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 30 day of September, 2010. Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the documents were received and filed and Resolution No. 383-10 Accepting the Chavenelle Road Concrete Pavement Repair Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 383-10 ACCEPTING THE CHAVENELLE DRIVE – 2010 PCC CONCRETE PAVEMENT REPAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Chavenelle Drive – 2010 PCC Concrete Pavement Repair Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. 3 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Site B Industrial Park and General Storm Repair appropriations for the contract amount $37,986.10 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 4 day of October, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE CHAVENELLE DRIVE – 2010 PCC CONCRETE PAVEMENT REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Chavenelle Drive – 2010 PCC Concrete Pavement Repair Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $39,942.56. th Dated this 29 day of September, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 30 day of September, 2010. Jeanne F. Schneider, CMC, City Clerk Third Street Overpass Bridge Approach Repair Project: City Manager recommending acceptance of the Third Street Overpass Bridge Approach Repair Project as completed by Tschiggfrie Excavating Company in the final contract amount of $41,554.76. Upon motion the documents were received and filed and Resolution No. 384-10 Accepting the Third Street Overpass Bridge Approach Repair Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 384-10 ACCEPTING THE THIRD STREET OVERPASS BRIDGE APPROACH REPAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Third Street Overpass Bridge Approach Repair Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Iowa Department of Transportation funds and the City’s Bridge Repairs/Maintenance appropriation for the contract amount of $41,554.76 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. th Passed, approved and adopted this 4 day of October, 2010. 4 Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE THIRD STREET OVERPASS BRIDGE APPROACH REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Third Street Overpass Bridge Approach Repair Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $46,703.76. th Dated this 29 day of September, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 30 day of September, 2010. Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the documents were received, filed, and approved. 2010 Census Awareness Campaign Summary: City Manager transmitting the Census 2010 Awareness Campaign Summary Report. Motion by Voetberg to receive and file the document. Seconded by Connors. Voetberg commended Planning Services Manager Laura Carstens for her work. Motion carried 6-0. 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. Upon motion the documents were received and filed and Resolution No. 385-10 Authorizing an application for funding from the Iowa Clean Air Attainment Program to create a bus route that serves the west end shopping centers; and Resolution No. 386-10 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 were adopted. RESOLUTION NO. 385-10 AUTHORIZING AN APPLICATION FOR FUNDING FROM THE IOWA CLEAN AIR ATTAINMENT PROGRAM TO CREATE A BUS ROUTE THAT SERVES THE WEST END SHOPPING CENTERS Whereas, the Iowa Clean Air Attainment Program (ICAAP) provides funding for reducing congestion, reducing travel or single-occupant vehicle usage, and improving air quality; and Whereas the ICAAP program is an 80/20 match, 80% federal funds ($223,584), 20% local match funds ($46,800); and Whereas, the City Council finds that a shopping shuttle that serves retail businesses along JFK Road, Warren Plaza, and Asbury Plaza would promote clean air standards in Dubuque and provide a new form of public transit service for the citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa, hereby endorses the attached application to the Iowa Clean Air Attainment Program for funding for the operational costs and marketing of the proposed shopping shuttle. 5 Section 2. That the City Manager is authorized to sign, on behalf of the City Council, the application for ICAAP. th Passed, approved and adopted this 4 day of October, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 386-10 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 Whereas, the Job Access Reverse Commute (JARC) program provides funding for transportation for employment and job readiness training; and Whereas the JARC program is a 50/50 match, 50% federal funds ($30,058), 50% local match funds ($30,058); and Whereas, the city council finds that a West End Tripper JARC funded route that serves industries along Dubuque’s Industrial Park and Industrial Park West would promote public transportation and economic development in Dubuque and provide a continuing form of public transit service for the citizens of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa, hereby endorses the attached application to the Job Access Reverse Commute Program for funding for the operational costs and marketing of the West End Tripper. Section 2. That the City Manager is authorized to sign, on behalf of the City Council the application for JARC. th Passed, approved and adopted this 4 day of October, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the document was received and filed. 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. Upon motion the documents were received and filed and Resolution No. 387-10 Authorizing the Mayor to execute an application for a HUD Lead Paint Hazard Control and Healthy Homes Program Grant was adopted. RESOLUTION NO 387-10 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A HUD LEAD PAINT HAZARD CONTROL AND HEALTHY HOMES PROGRAM GRANT Whereas, the City of Dubuque has operated a local childhood lead poisoning prevention program since 1994; and Whereas, the City initially received a HUD Round 4 Lead Hazard Control Program Grant in 1997, and has continually administered a program for 13 years; and Whereas, the U.S. Department of Housing and Urban Development has made available additional funds for the Lead Hazard Control and Healthy Homes Programs, including for lead- 6 based paint hazard control, lead hazard awareness, training, community outreach, environmental assessments and treatment; and Whereas, the City of Dubuque proposes a Lead Paint Hazard Control Program in Census Tracts 1, 2, 5, 6, 7.01 and 7.02 in the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is hereby authorized and directed to execute an application to the U.S. Department of Housing and Urban Development for a Lead Paint Hazard Control and Healthy Homes Program Grant in the amount of $3.1 million. Section 2. Funds from the Community Development Block Grant Program in the amount of $180,000 will be committed in Fiscal Years 2011-2114 as required match. Section 3. That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U. S. Department of Housing and Urban Development. th Passed, approved and adopted this 4 day of October, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the documents were received, filed, and approved. 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. Upon motion the document was received and filed. 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. Motion by Voetberg to receive and file the document. Seconded by Connors. Voetberg commended Budget Director Jenny Larson for her work. Motion carried 6-0. 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. Motion by Voetberg to receive and file the document. Seconded by Connors. Voetberg commended Resource Management Coordinator Paul Schultz for his work. Motion carried 6-0. Re-Lighting the Fifth Street 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. Upon motion the documents were received and filed and Resolution No. 388-10 Re-Lighting the Fifth Street Ramp and Locust Street Ramp was adopted. RESOLUTION NO. 388-10 TH RE-LIGHTING OF THE 5 STREET RAMP AND LOCUST STREET RAMP Whereas, Twist/HDM has submitted a proposal in response to the City of Dubuque’s th request to re-light the 5 Street and Locust Street Parking Ramps; and 7 Whereas, they were selected as the vendor through the bidding process for the new ramp at th 10 and Central and now through that process considered a sole source provider for like equipment due to the operating system required for each ramp. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. To award the two contracts to Twist/HDM in the amount of $171,932.00 to relight th the 5 Street and Locust Street Parking Ramps. th Passed, approved and adopted this 4 day of October, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the documents were received and filed and Resolution No. 389-10 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, was adopted. RESOLUTION NO. 389-10 APPROVING PLAT OF SURVEY OF LOT 1 OF 1 AND LOT 2 OF 1 IN DUBUQUE TECHNOLOGY PARK NO. 3, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a Plat of Survey, Lot 1 of 1 and Lot 2 of 1, Dubuque Technology Park No. 3 in the City of Dubuque, Iowa dated September 20, 2010, prepared by Buesing & Associates, Inc., Engineers and Surveyors, describing the property to be subdivided, a copy of which is attached hereto (the Plat); and Whereas, said Plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Plat is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the Plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk is hereby authorized and directed to file said Plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. th Passed, approved and adopted this 4 day of October, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the documents were received and filed. 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 from the International Economic Development 8 Council. Upon motion the documents were received and filed. 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. Upon motion the documents were received, filed, and approved. 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. Motion by Connors to receive and file the documents. Seconded by Resnick. Connors presented the award. Motion carried 6-0. 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. Upon motion the documents were received and filed and Resolution No. 390-10 Support of RECAT Program Application for funding for the Bee Branch Creek Restoration Project was adopted. RESOLUTION NO. 390-10 SUPPORT OF RECAT PROGRAM APPLICATION FOR FUNDING FOR THE BEE BRANCH CREEK RESTORATION PROJECT Whereas, the River Enhancement Community Attraction and Tourism (RECAT) program is designed to assist communities in the development and creation of multiple purpose attraction or tourism facilities; and Whereas, the Bee Branch Creek Restoration Project will replace an underground storm sewer with an open waterway and a linear park that will improve quality of life for neighborhood residents and create a tourist attraction; and Whereas, the City Council has adopted the Fiscal Year 2011-2016 Capital Improvement Program (CIP) budget, which includes the City’s financial commitment to secure loans in the amount of $38.6 million to build the $46.9 million multi-year Bee Branch Creek Restoration Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign and submit this grant application to Vision Iowa for RECAT Program Funding for the Bee Branch Creek Restoration Project. th Passed, approved and adopted this 4 day of October, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the documents were received, filed, and approved. Open Burning: Communication from Joan E. Wehrspann, P.O. Box 632, regarding open burning. Upon motion the documents were received and filed. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution 9 No. 391-10 Granting the issuance of a Class “C” Beer Permit to Hy-Vee Gas #2 and Holy Ghost Church; and Resolution No. 392-10 Granting the issuance of a Class “C” Beer/Liquor License to Denny’s Lux Club and Loras College; and a Class “WBN Native Wine” to Solon Langworthy House were adopted. RESOLUTION NO. 391-10 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Hy-Vee , Inc. Hy-Vee Gas #2 +(Sunday Sale) 2435 NW Arterial Holy Ghost Church Holy Ghost Church +(Sunday Sale) 2921 Central Ave. Passed, approved and adopted this 4th day of October, 2009. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 392-10 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Kelly Oppelt Denny’s Lux Club +(Sunday Sale) 3050 Asbury Road Aramark Education Services Loras College Athletic/Wellness Center 1600 Cox Street +(Sunday Sale) CLASS “WBN” NATIVE WINE Keisha Wainwright Solon Langworthy House 264 Alpine Street th Passed, approved and adopted this 4 day of October, 2010 Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolution, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 6-0. 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 10 Amended and Restated Development Agreement with Conlon / Johnson to accommodate the Company’s continued growth in the Technology Park. Upon motion the documents were received and filed and Resolution No. 393-10 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 18, 2010 in the Historic Federal Building. RESOLUTION NO. 393-10 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 Whereas, the City of Dubuque, Iowa, (City) is the owner of the following real property (the Property): Lot 2-1 of Dubuque Technology Park No. 3 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, City and Conlon Johnson Development, LLC, have entered into an Amended and Restated Development Agreement, subject to the approval of the City Council, a copy of which th is now on file at the Office of the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to Conlon Johnson Development, LLC; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, including the conveyance of the Property to Conlon Johnson Development, LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Property by Deed to Conlon Johnson Development LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the th City's intent to dispose of the foregoing-described Property, to be held on the 18 day of October, 2010 at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking 11 action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Conlon Johnson Development LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center South Economic Development District, consisting of the funding of economic developments grants to Conlon Johnson Development, LLC, pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $467,800. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 5. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. th Passed, approved and adopted this 4 day of October, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on 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. Appointments to the following Boards/Commissions: Airport Commission: One 4-year term through September 14, 2012 (Term of Czeshinski- Hafkemeyer). Applicants: Dan Nicholson, 889 Walker Street; Amy Wagner, 4555 Camelot Drive. Upon roll-call vote, Amy Wagner was appointed to the Airport Commission for one 4- year term through September 8, 2013. Environmental Stewardship Advisory Commission: 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; and Stacy Splittstoesser, 1694 Radford Road, #18. Upon roll-call vote, Adita Sinha was appointed to the Environmental Stewardship Advisory Commission for one 3-year term through October 1, 2013. ACTION ITEMS Convention and Visitors Bureau Quarterly Report: Keith Rahe, Convention and Visitors Bureau, to provide a verbal quarterly report. Motion by Lynch to receive and file the documents. Seconded by Resnick. Motion carried 6-0. 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. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. Schroeder-Kleine Grocer Company Warehouse and M.M. Walker Company Warehouse: 12 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. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. Walker’s Shoe Store: Historic Preservation Commission recommending that the Walker Shoe Store building be nominated to the National Register of Historic Places. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. nd Washington Street and East 22 Street Historic District: Historic Preservation Commission nd recommending that the Washington Street and East 22 Street Historic District be nominated to the National Register of Historic Places. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Voetberg. Motion carried 6-0. 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. Motion by Connors to receive and file the documents and adopt Resolution No. 394-10 Approving an agreement for the purchase of real estate in the Historic Millwork District, City of Dubuque, Iowa, commonly referred to as the Alamo site, from Warehouse Redevelopment, LLC. Seconded by Jones. Responding to questions from the City Council, Economic Development Director Dave Heiar stated that the percentage of public parking versus private parking is not known yet and will be determined by the final design and developer needs. Motion carried 6-0. RESOLUTION NO. 394-10 APPROVING AN AGREEMENT FOR THE PURCHASE OF REAL ESTATE IN THE HISTORIC MILLWORK DISTRICT, CITY OF DUBUQUE, IOWA, COMMONLY REFERRED TO AS THE ALAMO SITE FROM WAREHOUSE REDEVELOPMENT, LLC Whereas, Warehouse Redevelopment, LLC, is the owner of City Lot 2 of Center City Place in the City of Dubuque, Iowa, according to the United States Commissioners’ Map of the Town of Dubuque, Iowa (the Property); and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to purchase the Property for future parking and plaza needs in the Historic Millwork District; and Whereas, the City Council has obtained the necessary financing to purchase the Property; and Whereas, the Offer to Buy and Acceptance, attached hereto and by this reference made a part hereof, sets forth the terms and conditions of the purchase of property from Warehouse Redevelopment, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Offer to Buy and Acceptance attached hereto, is hereby approved. Section 2. That the City Manager is hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, said Purchase Agreement. th Passed, approved and adopted this 4 day of October, 2010. Karla A. Braig, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Lot One, LLC Settlement Agreement: City Manager recommending approval of the 13 Settlement / Acknowledgement Agreement of Lot One, LLC, and communication from Joseph Zwack, Lot One, LLC, regarding the Alcohol Compliance Settlement Agreement. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Voetberg. Motion carried 6-0. Safe Community Advisory Committee: City Manager recommending approval of the creation of the Safe Community Advisory Committee. 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 Resnick. Responding to questions from the City Council, Van Milligen stated that the duration of the committee can be extended beyond the recommended sunset date of December 31, 2011. Connors asked that current Safe Community Task Force members and subcommittee members be solicited for membership. Voetberg stated that the Task Force’s list of recommendations be noted as such and not as recommendations from the City Council. Jones stated that he believes it is the responsibility of the Council to implement the recommendations of the Task Force and this measure may slow the process. Connors and Resnick stated they favored the sunset extension option. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 55-10 Creating a Safe Community Advisory Committee. Seconded by Voetberg. Motion carried 5-1 with Jones voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 55-10 CREATING A SAFE COMMUNITY ADVISORY COMMITTEE Whereas, the City of Dubuque City Council made creating a crime strategy a high priority in August 2009; and Whereas, a community forum was held September 2009 to gather input from the citizens of Dubuque to address crime; and Whereas, the City Manager recommended the creation of the Safe Community Task Force (SCTF) to analyze the City’s crime issues and possible solutions; and Whereas, the SCTF was created consisting of two City Council members, the City Manager, the Police Chief, and twenty-one citizens, appointed October 2009; and Whereas, the SCTF was tasked with:  Collecting facts about the scope of the problems,  Identifying already existing efforts working to improve and prevent problems,  Looking at models and initiatives in other communities,  Establishing goals and objectives,  Creating committees and work groups to involved additional community members,  Making recommendations to the City Council; and Whereas, the SCTF provided a first set of nine recommendations to the City Council in January 2010 and a second set of twenty-eight recommendations to the City Council in July 2010; and Whereas, one of the recommendations was continued existence of the Task Force to monitor the implementation and progress of its recommendations through quarterly progress reports from City staff and special meetings as necessary, as well as a recommendation that the City Council consider the creation of a “Safe Community Commission;” and Whereas, the SCTF shall continue to meet during the Fall of 2010 to receive and review updates from City staff and the crime study results provided by Northern Illinois University and make further recommendations to the City Council, and turn over the recommendations to a 14 newly created committee as of January 1, 2011. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque City Council hereby creates a committee and encourages members of the Safe Community Task Force and subcommittees of the Task Force to apply. Section 2. There is hereby created a Safe Community Advisory Committee. 2-9-1: Commission Created: There is hereby created the Safe Community Advisory Committee to have such powers and responsibilities as hereinafter provided. 2-9-2: Mission: The mission of the Committee shall be to monitor the implementation and progress of the Safe Community Task Force recommendations. 2-9-3: Internal Organization and Rules: The Committee may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with City or State Code. 2-9-4: Procedures for Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the City shall govern the Committee in all its operations. 2-9-5: Membership: The Safe Community Advisory Committee shall consist of nine (9) residents of the City of Dubuque, appointed by the City Council. 2-9-6: Terms: The term of office for members of the Safe Community Advisory Committee shall begin January 1, 2011 and end on December 31, 2011. 2-9-7: Vacancies: Vacancies caused by death, resignation, or otherwise shall be promptly filled by the City Council for the unexpired term of office. 2-9-8: Officers/Organization: The Committee shall choose annually, from its own membership, a chairperson and vice chairperson. The chairperson shall appoint a secretary, who need not be a member of the Committee. The Committee shall fill vacancies among its officers for the remainder of the unexpired term. 2-9-9: Meetings: 1. Regular Meetings. The Safe Community Advisory Committee shall meet quarterly. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of three (3) members. 3. Open Meetings. All meetings shall be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a member of the Safe Community Advisory Committee, created by this Chapter, has been absent for two (2) or more consecutive meetings of the Committee, without being excused by the chairperson, it shall be grounds for the Committee to recommend to the City Council that the position be declared vacant and a replacement appointed. b. Attendance shall be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the Committee shall be filed with the City Council within ten (10) working days after each meeting. 6. Quorum. Five (5) members of the Committee shall constitute a quorum for the transaction of business. The affirmative vote of at least five (5) members shall be necessary for the adoption of any resolution. 2-9-10: Compensation: The members of the Safe Community Advisory Committee created by this Chapter shall serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official Committee business and such shall be within the limits established in the City budget. 2-9-11: Removal: The City Council may remove any member of any board or committee which it has established. 15 2-9-12: Powers: The Safe Community Advisory Committee shall have the following powers, duties, and responsibilities: 1. Monitor the implementation and progress of the Safe Community Task Force recommendations, 2. Serve as conduit for information to the City Manager, 3. Provide reports to the City Council as needed, 4. Research and tasks as assigned by the City Council. 2-9-13: Sunsetof Safe Community Advisory Committee: The Safe Community Advisory Committee shall cease to exist on December 31, 2011. Section 3. This Ordinance shall take effect upon publication. th Passed, approved and adopted this 4 day of October, 2010. /s/Karla A. Braig, Mayor Pro-Tem Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 8 day of October, 2010. /s/Jeanne F. Schneider, CMC, City Clerk Iowa Great Places Video: City Manager transmitting information on the City of Dubuque’s Iowa Great Places Designation and the Iowa Great Places Video. Motion by Connors to receive and file the documents. Seconded by Resnick. Assistant City Manager Cindy Steinhauser introduced and presented the video. Motion carried 6-0. 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. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 6-0. COUNCIL MEMBER REPORTS Connors reported on attending the recent Iowa League of Cities Conference and the Glimmer of Hope – Domestic Violence Awareness event. Braig reported on attending the HEART dinner and program. CLOSED SESSION Motion by Lynch to go into closed session at 7:52 p.m. regarding Pending Litigation and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 6-0. Upon motion the City Council reconvened in open session at 9:19 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:20 p.m. /s/Jeanne F. Schneider, CMC City Clerk 16