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Minutes_City Council Proceedings 11 3 08 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on November 3, 2008 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the City Council. Invocation was provided by Father Dwayne Thoman, Nativity Catholic Church PROCLAMATIONS Philanthropy Day (November 15, 2008) was accepted by Wendy Scardino of 1998 North Star Drive; National Hospice Month (November 2008) was accepted by Carole Carroll of Hospice of Dubuque, 2255 John F. Kennedy. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion carried 7-0. Minutes and Reports Submitted: City Council of 10/20 and 10/28; Civil Service Commission of 10/9; Historic Preservation Commission of 10/16; Investment Oversight Advisory Commission of 10/22; Zoning Advisory Commission of 10/22. Library Board of Trustees Update from the meeting of September 25, 2008; Investment nd Oversight Advisory Commission 62 Quarterly Report; and Proofs of publication of City Council Proceedings of October 6 and 13, 2008, and List of Claims and Summary of Revenues for month ending September 30, 2008. Upon motion the documents were received and filed. Asbury Business Park – Acceptance of Easement: City Manager recommending approval of the acceptance of the easement for sanitary sewer lift stations, force main, storm sewer, watermain, streets and public utilities in Asbury Business Park from Motor City, LLC. Upon motion the documents were received and filed and Resolution No. 387-08 Accepting the grant of an easement for sanitary sewer lift stations, force main, storm sewer, water main, streets and public utilities in Asbury Business Park in the City of Dubuque, was adopted. Investment Policy Revisions: City Manager recommending approval of updates to the City of Dubuque Investment Policy. Upon motion the documents were received and filed and Resolution No. 388-08 Adopting the City of Dubuque Investment Policy, was adopted. Water Pollution Control Plant Design: City Manager recommending approval of the selection of Strand Associates/IIW for design engineering and construction services for the Water Pollution Control Plant improvements. Upon motion the documents were received, filed and approved. Sanitary Sewer Installation – 1195 Thomas Place: City Manager recommending approval of an agreement with Anna Kim, the current owner of 1195 Thomas Place, for her to do some home repairs and the City to extend sanitary sewer service. Upon motion the documents were received, filed and approved. Civil Service Commission: Civil Service Commission submitting the certified list for the positions of Bus Operator and Laborer. Upon motion the documents were received and filed and made a matter of record. Mediacom: Communication from Lee Grassley, Senior Manager of Government Relations, advising that Mediacom will be adding three channels to the digital plus lineup. Upon motion the document was received and filed. Cable TV Teleprogramming Commission: Communication from Tom McDonough submitting his resignation from the Cable TV Teleprogramming Commission effective immediately. Upon motion document was received and filed and resignation accepted. Consultant Agreement – Wireless Facility Ordinance and Leases: City Manager recommending approval of an agreement with The Center for Municipal Solutions to assist the City in regulating towers and wireless facilities and that the Resolution of Interim Application for Wireless Telecommunications Facilities be renewed for an additional ninety days. Upon motion the documents were received and filed and Resolution No. 389-08 Amending Resolution No. 238-08 which adopted an interim application process for wireless telecommunication facilities by extending the interim application process until February 1, 2009, was adopted. Crescent Community Health Center: Historic Preservation Commission communication to Julie Woodyard, Crescent Community Health Center, advising that the Commission approves the proposed interior build-out of the final 1600 square feet of interior space of the former Dubuque Casket Company Building located at 1789 Elm Street. Upon motion the document was received and filed. Riverside Marina Project: Historic Preservation Commission communication to Martin Konrad, Iowa Department of Natural Resources, advising that the Commission supports the Riverside Marina Project in the Port of Dubuque and requesting that the Commission be consulted in the initial schematic design of the buildings. Upon motion the document was received and filed. Iowa 32 Bike/Hike Trail – Phases 2 and 3: City Manager recommending approval of federal funding requests submitted for Phases 2 and 3 of the Iowa 32 Bike/Hike Trail. Upon the motion the documents were received, filed and approved. Washington Neighborhood / Housing Trust Fund Application: City Manager recommending approval of the submission of an application to the Iowa Finance Authority for support of the City’s Homeownership Grant Program. Upon motion the documents were received and filed and Resolution No. 390-08 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds, was adopted. Quarterly Investment Report: City Manager transmitting the Quarterly Investment Report for the period ending September 30, 2008. Upon motion the documents were received and filed. 2 Historic Preservation Commission Vacancy: City Manager advising that Historic Preservation Commission Interim Commissioner Pam Cleek passed away while on vacation in Tennessee. Upon motion the document was received and filed. Upgrade of Dubuque Greyhound Park and Casino Facility: City Manager recommending approval of a $10 million renovation project at Dubuque Greyhound Park and Casino. Upon motion the documents were received and filed. Business License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 391-08 Granting the issuance of one permit to sell cigarettes and cigarette papers to A & B Tap; Resolution No. 392-08 Granting the issuance of a Class “C” Beer Permit to Kwik Stop Food Mart and Aldi, Inc. and Resolution No. 393-08 Granting the issuance of a Class “C” Beer/Liquor License to Aragon Tap and Yen Ching Restaurant; Class “B” Wine Permit to Aldi, Inc.; and a Class “WBN” Native Wine to Kwik Stop Food Mart, were adopted. BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Civil Service Commission: One 4-year term through April 6, 2010 (Term of Kluesner). Applicants: James Schilling, 3283 Bittersweet Lane and John Stevens, 2215 Graham Circle. Mr. Schilling spoke in support of his appointment and Mr. Stevens withdrew his application for appointment. Appointment to the following Boards. Plumbing Board: Two 3-year terms through November 2, 2011 (Master Plumber Requirement, Terms of Gonner and Willenborg). Applicants: Stanley Gonner, 485 O’Neill Street; Harlan Willenborg, 3254 Lake Ridge Drive. Motion by Braig to appoint Stanley Gonner and Harlan Willenborg to three-year terms through November 2, 2011. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. West Side Voluntary Annexation: Proof of publication on notice of public hearing to consider the annexation of approximately 643 acres (not including road right-of-way) on the west side of Dubuque and City Manager recommending approval. Upon motion the documents were received and filed. Communication from James Adams, Mayor – City of Asbury, advising that property owners on Sandwedge Drive and Sandwedge Court have submitted “Applications for Voluntary Annexation” to the City of Asbury. Motion by Jones to adopt Resolution No. 394-08 Approving applications for the voluntary annexation of certain territory in Dubuque County, Iowa and additional land whose owners have not consented to the voluntary annexation of said land. Seconded by Voetberg. Planning Services Manger Laura Carstens provided a staff report. Beth Bonson, City Administrator of Asbury, spoke in support of the measure. Motion carried 7-0. First Amendment to Cooper Development, LLC Development Agreement: Proof of publication on notice of public hearing to consider a loan assumption and the First Amendment 3 to Agreement with Cooper Development, LLC for the “Bricktown” parking lot located at the rd southeast corner of 3 Street and Locust Street and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 395-08 Approving an Amendment to Agreement with Cooper Development Company, LLC in regard to rd the parking lot located at the southeast corner of 3 Street and Locust Street. Seconded by Braig. Motion carried 7-0. Request to Rezone – 13910 Whistlewind Lane (Tabled on October 20, 2008): Proof of publication on notice of public hearing to consider a request from Elaine Kelly to rezone property located at 13910 Whistlewind Lane from County R-1 Rural Residential District, R-2 Single-Family Residential District and C-1 Conservancy District to City of Dubuque CR Commercial Recreation District, in conjunction with annexation, and Zoning Advisory Commission recommending approval. Motion by Connors to remove the item from the table. Seconded by Voetberg. Motion carried 7-0. Motion by Lynch 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 Connors. Planning Services Manger Laura Carstens provided a staff report and spoke on behalf of the applicant. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 72-08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 13910 Whistlewind Lane from County R- 1 Rural Residential District, R-2 Single-Family Residential District and C-1 Conservancy District to City of Dubuque CR Commercial Recreation District, concurrent with annexation. Seconded by Braig. Motion carried 7-0. Fire Headquarters Green Roof Project: Proof of publication of notice of public hearing consider approval of the plans and specifications, form of contract and estimated cost for the Fire Headquarters Green Roof Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 396-08 Approving plans, specifications, form of contract, and estimated cost for the Fire Headquarters Green Roof Project. Seconded by Connors. City Engineer Gus Psihoyos and Durrant Group Architect, Chris Wand, responded to questions regarding cost, landscaping, and access to and visibility of the roof. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Convention and Visitors Bureau: Dubuque Area Chamber of Commerce Convention and Visitors Bureau Director Sue Czeshinski presented the Bureau’s quarterly report. Motion by Lynch to receive and file the documents. Seconded by Connors. CVB Director Sue Czeshinski, 300 Main Street, highlighted the Bureau’s successes and projects. She demonstrated the new video business card concept and informed Council that Dubuque took in $253 million in tourism dollars, which surpasses the 2009 projection. Ms. Czeshinski also informed Council that she was leaving the CVB to accept a position at Loras College. Upon questioning by Council, Ms. Czeshinski stated that figures are calculated from event gate counts of travelers 4 from outside a 50-mile radius, travel data provided by state surveys, and confidential information collected from the Welcome Center. Council offered their thanks and congratulations. Motion carried 7-0. Citizen Request: Char Eddy requesting to address the City Council to submit a petition to provide winter maintenance on any public right-of-way (street or alley) which bisects a school’s property. Motion by Voetberg to receive and file and refer to staff. Seconded by Connors. Char Eddy, 565 Sunset Ridge, provided an oral report and responded to questions from the Council. Voetberg asked that staff confirm the number of schools affected, provide an approximated cost, and check on other City policy issues that might be involved. Braig suggested that adjacent neighbors be involved. Motion carried 7-0. Development Agreement with Interstate Building, LLLP and WS Live, LLC: City Manager recommending approval of a Development Agreement with Interstate Building, LLLP and WS Live, LLC to provide incentives to retain 122 employees of WS Live, LLC in Dubuque and for the creation of an additional 28 positions. Motion by Lynch to receive and file the documents and adopt Resolution No. 397-08 Approving a Development Agreement with Interstate Building, LLLP and WS Live, LLC. Motion carried 7-0. Parking Meter District – Requested Expansion: City Manager recommending approval of the expansion of the downtown parking meter district to include parking meters on the south side th of 11 Street from White Street to Washington Street as requested by Dallas Kalmes, d/b/a Kalmes Breaktime Bar & Grill. 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. Upon questioning by Lynch, Parking System Supervisor Tim Horsfield and City Manager Van Milligen responded to questions from the Council. Seconded by Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 73-08 Amending City of Dubuque Code of Ordinances Section 32-321.666 Municipal Parking Meter District Established by adding Eleventh Street (south side) from White Street to Washington Street as a Municipal Parking Meter District. Seconded by Voetberg. Motion carried 7-0. Parking Fines – Delinquent Definition: City Manager recommending approval of an ordinance amendment to better define that a parking ticket shall become delinquent if not paid within seven calendar days from the date of issuance. 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. Parking System Supervisor Tim Horsfield responded to questions from the Council. Seconded by Jones. Motion by Connors for final consideration and passage of Ordinance No. 74-08 Amending City of Dubuque Code of Ordinances Section 32-321.621 Parking Violations – Fines to provide that a ticket shall become delinquent if not paid within seven (7) calendar days from the date of issuance. Seconded by Voetberg. Motion carried 7-0. Disabled Parking Regulations: City Manager recommending approval of a proposed ordinance to provide more specific regulations regarding proper parking in designated disabled parking spaces. Motion by Braig 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 Jones. Upon 5 questioning by Council, Parking System Supervisor Tim Horsfield stated that in response to concerns raised by Proudly Accessible Dubuque, clarification was needed in the ordinance regarding illegal parking in the five-foot, marked access aisle next to disabled parking spaces. Horsfield also stated that this would not result in double ticketing should someone illegally park across both the designated space and the access aisle. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 75-08 Amending City of Dubuque Code of Ordinances Section 32-321.705 Prohibited Use of Parking Places or Identification Devices by adding a paragraph on the manner of parking in accessible parking stalls. Seconded by Resnick. Motion carried 7-0. Animal Ordinance Changes: City Manager recommending approval of changes to the Animal Ordinance which are required for the conversion to selling animal licenses through PetData. Motion by Jones 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 Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 76-08 City of Dubuque Code of Ordinances by repealing Chapter 7 Animals and Fowl and adopting a new Chapter 7 Animals and Fowl in lieu thereof providing restrictions on maintaining livestock and the storage of animal food; prohibiting the harboring of a vicious dog or cat; providing for the licensing of dogs and cats; establishing requirements for rabies control; prohibiting the keeping of dangerous animals; and establishing procedures for the declaration of potentially vicious dogs. Seconded by Lynch. Motion carried 7-0. Downtown Design Guidelines Work Session: City Manager requesting that a work session be scheduled regarding the Downtown Design Guidelines on November 24th at 6:30 p.m. or st December 1 at 5:00 p.m. Motion by Connors to receive and file the document and set the date for December 1, 2008 at 5:00 p.m. in the Historic Federal Building. Seconded by Lynch. Motion carried 7-0. Sustainable Dubuque Initiative Work Session: City Manager submitting information on the Sustainable Dubuque Initiative and requesting that a work session be scheduled on November thth 17 or December 15 at 5:00 p.m. Motion by Connors to receive and file the documents and set the date for November 17, 2008 at 5:00 p.m. in the Historic Federal Building. Seconded by Lynch. Motion carried 7-0. 2009 Legislative Priorities: City Manager recommending approval of the 2009 Legislative Priorities. Motion by Jones to receive and file the documents and approve. Seconded by Voetberg. Motion carried 7-0. City of Dubuque Receives Award from International Economic Development Council: Press release announcing that the City of Dubuque is receiving the 2008 Excellence in Economic Development Awards Honorable Mention in recognition of the America’s River Project public/private partnerships from the International Economic Development Council. Motion by Lynch to receive and file the document. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS 6 Jones reported his and the Mayor’s attendance at the recent Dubuque Weatherization Challenge event and thanked the Mayor for his participation. Buol stated that the Dubuque Weatherization Challenge was one reason Dubuque is an All America City and thanked the many volunteers involved. Braig provided a communication she received requesting the City of Dubuque register with the Mayors for Peace and read the cover letter from the Mayor of Hiroshima, Japan. There being no further business, upon motion the meeting adjourned at 8:08 p.m. /s/Kevin S. Firnstahl Assistant City Clerk 1t 11/12 7