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1 20 09 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 20, 2009 in the Historic Federal Building. Present: Mayor Pro-Tem Lynch, Council Members Connors, Jones, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol, Council Member Braig Mayor Pro-Tem Lynch 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 Pastor Wayne Whittenbaugh, Apostolic Christian Church. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 5-0. Minutes and Reports Submitted: Airport Commission of 10/27; Arts and Cultural Affairs Advisory Commission of 10/28; Cable TV Teleprogramming Commission of 12/2; City Council of 1/5 and 1/6; Zoning Advisory Commission of 1/7; Zoning Board of Adjustment of 12/18 Proofs of publication of City Council Proceedings of December 15, 2008 and List of Claims and Summary of Revenues for Month Ending November 30, 2008 Upon motion the documents were received and filed. Notice of Claims/Suits: Scott D. Hos for vehicle damage; Karen Lyness for personal injury; Jacob R. Bellings for vehicle damage; Joan M. Miller for personal injury; Judd Billmeyer for vehicle damage; Paul Swartzel for vehicle 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: William Latham for personal injury; EMC Insurance Companies, representing Karen Lyness, for personal injury; Noel Ploessl for vehicle damage; Jacob Bellings for vehicle damage; Judd Billmeyer for vehicle damage; Jim David for property damage; Joan Miller for personal injury City Attorney recommending settlement of the claim of Bonjour Estates for property damage. Upon motion the documents were received, filed, and concurred. City Development Board: Steven R. McCann, City Development Board Administrator, submitting the Filing of Written Decision and the Findings of Fact and Conclusions of Law and Determination in the matter of the City of Asbury Voluntary Annexation within the Urbanized Area of the City of Dubuque, Iowa. Upon motion the documents were received and filed. Iowa Department of Transportation: Communication from the Iowa Department of Transportation advising that IDOT intends to renew the Corridor Preservation Zone along U.S. 20 from the Peosta interchange easterly to near the intersection with the Northwest Arterial. Upon motion the document was received and filed. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Stock Clerk, Mechanic, and Parking System Technician. Upon motion the documents were received and filed and made a Matter of Record. January 9, 2009 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Stock Clerk was given on December 19, 2008. We hereby certify that the individuals listed on the attached sheet have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Respectfully submitted, Otto Krueger, Chairperson Dan White, Commissioner Civil Service Commission STOCK CLERK Donald F. Hoppmann Stephen L. Herrin Ronda L. Powers Jon A. Herrig Steven T. Lange Susan A. Davis Gail M. McMahon Sarah J. Pfab Linda K. Schueller Earl T. Schumacher Thomas A. Voss Nick A. Nadermann Lori A. Steffen Jacqueline M. LaShelle Benjamin C. Lange Dan L. Biermann Marissa R. Muehlenkamp Michael J. Noel Todd F. Atkinson Kerry J. Bradley Richard A. Bogosian Cheryl L. Pregler Teresa M. Behnke Jonathan J. Nank Mark J. Nauman Nick J. Grawe John A. Tona Karen S. Pins Jay R. Tigges Kerry L. Rogers Frederick A. Brimeyer Aaron M. Cigrand Laura L. Riedl Alan J. Kutsch Nicholas A. Meyer John J. Gartner Neil A. Scott Katherine A. Eldridge-Hutton Nichole M. Lattner Doug J. Schreiber Bruce K. Delehanty January 9, 2009 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Mechanic was given on December 2, 2008. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. 2 MECHANIC Randall J. Lester Daniel R. Richeson Jason R. Pfohl Darren G. Steil Robert C. Moyer Steven T. Christ David R. Nauman George W. Flanagan Steven C. Schulz Jacob J. Roling Eric L. Curler Fred P. Schueller Joseph J. Vondran Nick K. Kies John A. Parello Bryant J. Gelinas John R. Smith Loras C. Decker Ron D. Wagner Nick G. Keppler Respectfully submitted, Otto Krueger, Chairperson Dan White Commissioner Civil Service Commission January 9, 2009 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Parking System Technician was given on December 9, 2008. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. PARKING SYSTEM TECHNICIAN Daniel R. Atkins Philip T. Hildebrand Kevin D. Kratz Joseph J. Weiner Greg A. Griffin Kelly J. Davis Gerald C. Casey Rich L. Glover Charles E. Thomas Respectfully submitted, Otto Krueger, Chairperson Dan White, Commissioner Civil Service Commission Crescent Heights Subdivision: City Manager recommending acceptance of the public improvements which the developer, McDermott Real Estate, LLC, has recently completed in Crescent Heights Subdivision. Upon motion the documents were received and filed and Resolution No. 18-09 Accepting improvements in Crescent Heights Subdivision was adopted. RESOLUTION NO. 18-09 ACCEPTING IMPROVEMENTS IN CRESCENT HEIGHTS SUBDIVISION Whereas, pursuant to Resolution 566-00, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewers and catch basins, boulevard street lighting, and a stormwater detention facility were installed by the developer of the 3 Crescent Heights Subdivision; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in the Crescent Heights Subdivision be and the same are hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the contractor and owner for a period of two (2) years from this date. th Passed, approved and adopted this 20 day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Arbor Estates – Phase 3 Subdivision: City Manager recommending acceptance of the public improvements which the developer, Kivlahan Farms, LC, has completed in Arbor Estates -- Phase 3 Subdivision in the City of Dubuque, Iowa. Upon motion the documents were received and filed and Resolution No. 19-09 Accepting improvements in Arbor Estates – Phase 3 Subdivision was adopted. RESOLUTION NO. 19-09 ACCEPTING IMPROVEMENTS IN ARBOR ESTATES SUBDIVISION – PHASE 3 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution No. 450-05, certain public improvements including street paving with curb, sanitary sewer main, sanitary lift station, watermain, storm sewer and catch basins, stormwater detention facilities, and boulevard street lighting were installed by the developer of Arbor Estates Subdivision – Phase 3 in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements, except stormwater detention facilities, in Arbor Estates Subdivision – Phase 3 in the City of Dubuque, Iowa, be and the same are hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of Kivlahan Farms, LC, River City Paving, and McDermott Excavating for a period of two (2) years from the date of this resolution. th Passed, approved and adopted this 20 day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 4 Cedar Ridge Farm Place No. 4 – Stormwater Detention Improvements: City Manager recommending acceptance of the stormwater detention improvements which the developer, Nemmers Cedar Ridge Farm Limited Partnership, has recently completed in Cedar Ridge Farm Place No. 4. Upon motion the documents were received and filed and Resolution No. 20- 09 Accepting stormwater detention improvements in Cedar Ridge Farm Place No. 4 was adopted. RESOLUTION NO. 20-09 ACCEPTING STORMWATER DETENTION IMPROVEMENTS IN CEDAR RIDGE FARM PLACE NO. 4 Whereas, pursuant to Resolution 350-01, certain public improvements including stormwater detention facilities were installed by the developer of the Cedar Ridge Farm Place No. 4; and Whereas, the stormwater detention improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the stormwater detention improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said stormwater detention improvements in the Cedar Ridge Farm Place No. 4 Subdivision be and the same are hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the City of Dubuque with costs for said maintenance, inspection, and administration being assessed to the property owners of Cedar Ridge Farm Place No. 4. th Passed, approved and adopted this 20 day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Revitalize Iowa’s Sound Economy (RISE) Application: City Manager recommending approval of a resolution endorsing a RISE grant application for construction of a new street north from Chavenelle Drive to serve approximately 75 acres of industrial property located on the former North Siegert Farm. Upon motion the documents were received and filed and Resolution No. 21-09 Endorsing the submission of a Revitalize Iowa’s Sound Economy (RISE) application to the Iowa Department of Transportation for the construction of a street north from Chavenelle Road to access lots in the Dubuque Industrial Center North Siegert Area was adopted. RESOLUTION NO. 21-09 ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A STREET NORTH FROM CHAVENELLE ROAD TO ACCESS LOTS IN THE DUBUQUE INDUSTRIAL CENTER NORTH SIEGERT AREA Whereas, the City of Dubuque believes that economic development opportunities require developable industrial land with adequate public infrastructure in order to retain and attract new job creating businesses and industries to this community; and Whereas, the City of Dubuque is developing over 100 acres of additional industrial land located in the Dubuque Industrial Center West (North Siegert); and Whereas, certain lots within the development must be accessed by a street extending north from Chavenelle Road; and 5 Whereas, the Iowa Department of Transportation, through its Revitalize Iowa's Sound Economy (RISE) Competitive Project Funding, has monies available for the development of public roadways to support economic development opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby endorses the application to the Iowa Department of Transportation for RISE Competitive funding to provide roadway access to development lots in the Dubuque Industrial Center West (North Siegert). Section 2. That the City of Dubuque hereby certifies that the roadway improvements will be dedicated to public use and will remain so dedicated to public use and that G.O. Bond funds will be available to finance the City’s portion of project costs. Section 3. That the City of Dubuque hereby assumes responsibility for and ongoing maintenance of these roadway improvements and ensures that the roadway will be adequately maintained in the future. Section 4. That the City Manager is authorized to sign, on behalf of the City Council, the application for RISE funding. th Passed, approved and adopted this 20 day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Development Agreement – 40 Main, LLC: City Manager recommending approval of a Development Agreement between the City and 40 Main, LLC, for the revitalization of property located at 40 – 42 Main Street in downtown Dubuque. Upon motion the documents were received and filed and Resolution No. 22-09 Approving a Development Agreement for the redevelopment of 40 Main Street was adopted. RESOLUTION NO. 22-09 APPROVING A DEVELOPMENT AGREEMENT FOR THE REDEVELOPMENT OF 40 MAIN STREET. Whereas, the City of Dubuque, Iowa, has a Memorandum of Understanding with Miller Development Group outlining an incentive package for the rehabilitation of 40 Main Street; and Whereas, the City of Dubuque, Iowa, is interested in stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the City of Dubuque, Iowa is encouraging the use of financial incentives to help finance code compliance activities and to spur redevelopment; and Whereas, 40 Main, LLC meets these requirements; and Whereas, it is the determination of this Council that approval of the Development Agreement for the rehabilitation of the Property by 40 Main, LLC, according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement with 40 Main, LLC, is hereby accepted and approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Development Agreement with 40 Main, LLC. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of the executed agreement. 6 th Passed, approved and adopted this 20 day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Enterprise Zone Commission Appointments: City Manager recommending approval of the three at-large appointments of Dan LoBianco, Doug Stillings and Doug Buswell to the City’s Enterprise Zone Commission. Upon motion the documents were received, filed, and approved. Purchase of Property – 6950 Pennsylvania Avenue: City Manager recommending acceptance of the warranty deed to certain real estate located at 6950 Pennsylvania Avenue from Lloyd and Jane Steffen. Upon motion the documents were received and filed and Resolution No. 23-09 Accepting the deed to certain real estate in Dubuque County, Iowa, from Lloyd and Jane Steffen was adopted. RESOLUTION NO. 23-09 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM LLOYD AND JANE STEFFEN WHEREAS, the City of Dubuque entered into an Agreement with Lloyd and Jane Steffen for the purchase of the following described real property in Dubuque County, Iowa: Lot 2 of Lot 1 of the North West ¼ of the North East ¼, Section 30, Township 89 North, Range 2 East of the th 5 P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby accepts the Warranty Deed from Lloyd and Jane Steffen attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. th Passed, approved and adopted this 20 day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Plat of Survey – Old Davenport Road: Zoning Advisory Commission recommending approval of the Plat of Survey on Old Davenport Road as requested by David Chapin. Upon motion the documents were received and filed and Resolution No. 24-09 Approving the plat of survey of Lot 1 of Lot 2 and Lot 2 of Lot 2 of the southeast quarter of the southeast quarter of Section 24, Township 88 North, Range 2 east of the Fifth P.M. in Table Mound Township in Dubuque County, Iowa, was adopted. RESOLUTION NO. 24-09 APPROVING THE FINAL PLAT OF SURVEY LOT 1 OF LOT 2 AND LOT 2 OF LOT 2 OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE FIFTH P.M. IN TABLE MOUND TOWNSHIP IN DUBUQUE COUNTY, IOWA. Whereas, there has been filed with the City Clerk the Plat of Survey Lot 1 of Lot 2 and Lot 2 th of Lot 2 of the SE ¼ of the SE ¼ of Section 24, T88N, R2E of the 5 P.M. in Table Mound Township in Dubuque County; and Whereas, said plat provides 0 feet of frontage for Lot 1 of 2 and Lot 2 of 2 where 50 feet is required, and Lot 2 of 2 has 3,750 square feet of lot area, where 5,000 square feet of lot area 7 is required by Section 42-19(b) of the Subdivision Regulations; and Whereas, said plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby waives Article IV, Design and Improvement Standards of the Subdivision Regulations, except for Section 42-19, Blocks and Lots. Section 2. That Section 42-19(b) of the Subdivision Regulations is waived to allow Lot 1 of 2 and Lot 2 of 2 to have 0 feet of frontage, where 50 feet is required, and Lot 2 of 2 to have 3,750 square feet of lot area where 5,000 square feet of lot area is required. Section 3. That the Plat of Survey Lot 1 of Lot 2 and Lot 2 of Lot 2 of the SE ¼ of the SE ¼ th of Section 24, T88N, R2E of the 5 P.M. in Table Mound Township, Dubuque County, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. th Passed, approved and adopted this 20 day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Water Trail Grant Application: City Manager recommending approval of an Iowa Water Trails grant application for the Dubuque Water Trail, which will stretch from Lock and Dam No. 11 south to Massey Marina Park along the Mississippi River. Upon motion the documents were received and filed and Resolution No. 25-09 Approving the submittal of an application for Iowa Water Trail Funding to the Iowa Department of Natural Resources for the Dubuque Water Trail was adopted. RESOLUTION NO. 25-09 APPROVING THE SUBMITTAL OF AN APPLICATION FOR IOWA WATER TRAIL FUNDING TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE DUBUQUE WATER TRAIL Whereas, the Iowa Department of Natural Resources has announced the availability of Iowa Water Trail funding; and Whereas, the City has adopted a Comprehensive Plan that includes a Recreation Goal to optimize the recreational amenities offered by the City's riverfront. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Planning Services Manager is authorized to submit this application to the Iowa Department of Natural Resources for Iowa Water Trail funding for the Dubuque Water Trail. Section 2. That in the event said application is approved, the City Council agrees to abide by all local, state and federal requirements applicable to the proposed budget. th Passed, approved and adopted this 20 day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Alcohol Compliance – Civil Penalties for Alcohol License Holders: City Manager recommending approval of the Acknowledgement/Settlement Agreements for selling alcohol to an underage person by Bricktown Brewery, Las Margaritas, and Shannon’s Bar and Grill. 8 Upon motion the documents were received, filed, and approved. Tobacco Compliance – Civil Penalties for Tobacco Permit Holders: City Manager recommending acceptance and approval of Acknowledgement/Settlement Agreements for selling tobacco to underage persons by Oky Doky (2010 Kerper Boulevard), Road Ranger and Hy-Vee #3. Upon motion the documents were received, filed, and approved. Delinquent Water, Sewer, Refuse and Stormwater Collection Accounts: City Manager recommending approval of the submission of delinquent water, sewer, refuse and stormwater collection accounts to the Dubuque County Treasurer. Upon motion the documents were received and filed and Resolution No. 26-09 Adopting the Schedule of Assessments for delinquent water, refuse, sewer and stormwater collection accounts and specifying the number of annual installments into which assessments are divided, the interest on all unpaid installments, the time when the assessments are payable and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 26-09 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR DELINQUENT WATER, SEWER, REFUSE AND STORMWATER ACCOUNTS AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for delinquent water, sewer, refuse, and stormwater accounts which Schedule of Assessments was filed in the office of the City Clerk on the 12th day of January, 2009, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, th City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 20th day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 9 Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year 2008 Comprehensive Annual Financial Report (CAFR), Parking Facilities Financial Statements, Management Letter and City Responses to the Management Letter. Upon motion the documents were received and filed. University of Dubuque Usage Agreement: City Manager recommending approval of a Usage Agreement with the University of Dubuque for the 2009 Alumni Basketball Tournament. Upon motion the documents were received, filed, and approved. Julien Dubuque Monument: Historic Preservation Commission recommending approval of a request from the Friends of the Mines of Spain for Historic District Public Improvement Program (HDPIP) funds for an improvement project at the Julien Dubuque Monument, with conditions. Upon motion the documents were received, filed, and approved. Alliant Energy – Letter of Agreement: City Manager recommending approval of a Letter of Agreement with Alliant Energy concerning placement of outdoor cameras on Alliant Energy utility poles. Upon motion the documents were received, filed, and approved. Dubuque Regional Airport Terminal Relocation Project: City Manager recommending approval of a revised legal description for property located at 10719 Merlin Lane with the fair market value remaining at the figure set forth previously. Upon motion the documents were received and filed and Resolution No. 27-09 Establishing the Fair Market Value of Real Property at 10719 Merlin Lane, Dubuque, Iowa, owned by Ronald Bradley, Jeffrey Bradley, and Brian Bradley was adopted. RESOLUTION NO. 27-09 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY AT 10719 MERLIN LANE, DUBUQUE, IOWA, OWNED BY RONALD BRADLEY, JEFFREY BRADLEY, AND BRIAN BRADLEY WHEREAS, Ronald Bradley, Jeffrey Bradley, and Brian Bradley (Owners) are the owners of the real property at 10719 Merlin Lane legally described as follows (the Property): Lot 2 of the SE ¼ of the NW ¼; and the SW ¼ of the NW ¼, except ½ acre in the SW Corner thereof deeded to Independent School District of Table Mound Township; Lot 2 of Lot 2 of the NW ¼ of the NW ¼; Lot 3 of Lot 1 of Lot 2 of Lot 1 of the NE ¼ of the NW ¼; all in Section th 35,Township 88 North, Range 2 East of the 5 P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats thereof, less right of way conveyed to the State of Iowa and/or the State Highway Commission for road purposes, and that part sold to the City of Dubuque, Iowa, for airport purposes; and together with and subject to all rights and easements of record, from November 13, 1996, title to which rests in Ronald Bradley, Jeffrey Bradley and Brian Bradley, each owning an undivided 1/3 interest, and doing business as Bradley Farms; and WHEREAS, the City of Dubuque (City) intends to acquire the Property for the Dubuque Regional Airport Terminal Relocation Project; and WHEREAS, Iowa law requires that City must make a good faith effort to negotiate with Owners to purchase the Property before proceeding with condemnation; and WHEREAS, City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; and WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $809,000.00; and 10 WHEREAS, the City Council now desires to establish the fair market value of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The fair market value of the Property is hereby established to be $809,000.00. Section 2. The Dubuque Regional Airport Manager and the City Attorney are hereby authorized to commence negotiations with Owners of the Property and any other interested parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution. th Passed, approved and adopted this 20 day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk Dress Insurance Claim: City Manager recommending settlement of the claim of Leonard Dress for vehicle damage. Upon motion the documents were received, filed, and approved. Dubuque Humane Society – Purchase of Service Agreement: City Manager recommending approval of a new five-year Purchase of Service Agreement between the City of Dubuque and the Dubuque Regional Humane Society. Upon motion the documents were received, filed, and approved. Business License Refund: Request of Susan Harle-Heim, Hudson’s Classic Grill, for a refund of License No. LC0053803 in the amount of $211.25. Upon motion the document was received, filed, and the refund approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 28-09 Granting the issuance of a Class “C” Beer Permit to Awn Stop Mart and Hartig Drug #4, and Resolution No. 29-09 Granting the issuance of a Class “C” Beer/Liquor License to Taiko Japanese Restaurant, and a Class “B” Wine Permit to Hartig Drug #4 were adopted. RESOLUTION NO. 28-09 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 City Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Awn Stop Mart, Inc. Awn Stop Mart +(Sunday Sale) 1998 Jackson Street Hartig Drug Company Hartig Drug # 4 +(Sunday Sale) 2225 Central Avenue th Passed, approved and adopted this 20 day of January 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk 11 RESOLUTION NO. 29-09 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 City Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “C” BEER/LIQUOR LICENSE Taiko Restaurant, Inc. Taiko Japanese Restaurant 2155 Southpark Court +(Sunday Sales) CLASS “B” WINE Hartig Drug Company, Inc. Hartig Drug # 4 2225 Central Avenue Passed, approved and adopted this 20th day of January, 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Jones 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 Voetberg. Motion carried 5-0. Floodwall Levee Slope Stabilization Project: City Manager recommending initiation of the public bidding process for the Floodwall Levee Slope Stabilization Project and that a public hearing be set for February 2, 2009 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 30-09 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Floodwall Levee Slope Stabilization Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 2, 2009 in the Historic Federal Building. RESOLUTION NO. 30-09 FLOODWALL LEVEE SLOPE STABILIZATION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Floodwall Levee Slope Stabilization Project, in the estimated amount of $313,738.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. nd A public hearing will be held on the 2 day of February, 2009, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the 12 time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Floodwall Levee Slope Stabilization Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 3rd day of February, 2009. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the th 16 day of February, 2009, in the Historic Federal Building Council Chambers (second floor), th 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 20 day of January, 2009. Kevin J. Lynch, 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: Community Development Advisory Commission: Two 3-year terms through February 15, 2012, Low/Moderate Income Area and At-Large requirements (Terms of Wainwright and Stubben). Applicants: Hilary Stubben, 2433 Broadway Street (Low/Moderate Income Area); Thomas Wainwright, 1788 Lori Street (At-Large). Mr. Wainwright spoke in support of his re-appointment. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Dubuque Industrial Center Planned Unit Development District (Tabled on November 17, 2008): City Manager requesting that this item be re-tabled until the April 6, 2009 City Council meeting. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with conditions. Motion by Voetberg to remove from table. Seconded by Connors. Motion carried 5-0. Motion by Voetberg to table a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07 until April 6, 2009. Seconded by Connors. Motion carried 5-0. 13 15264 Middle Road – Request to Rezone: Proof of publication on notice of public hearing to consider a request from Thomas and Karen Gerhard to rezone property located at 15264 Middle Road from County R-2 Single-Family Residential District to City CS Commercial Services and Wholesale District and Zoning Advisory Commission recommending approval. Motion by Connors to consider the first reading of a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 15264 Middle Road from Dubuque County R-2 Single-Family Residential District to City CS Commercial Services and Wholesale District. Seconded by Voetberg. Planning Services Manager Laura Carstens provided a staff report. Motion carried 5-0. nd 607 East 22 Street – Request to Rezone: Proof of publication on notice of public hearing nd to consider a request from Paul Wheelock to rezone property located at 607 East 22 Street from C-1c Neighborhood Commercial District, with conditions, to C-1 Neighborhood Commercial District and Zoning Advisory Commission recommending approval, with conditions. Motion by Connors to consider the first reading of a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by nd reclassifying hereinafter described property located at 607 – 609 East 22 Street from C-1 Neighborhood Commercial District, with conditions, to C-1 Neighborhood Commercial District, with conditions. Seconded by Voetberg. Paul Wheelock, 3500 Dodge Street, #126, spoke in favor of the rezoning. Motion carried 5-0. 777 Edwards Road – Amendment to Planned Unit Development District: Proof of publication on notice of public hearing to consider a request from Doug Edwards / Edwards Family Realty, LLC to expand the existing Planned Unit Development District by rezoning property from R-1 Single-Family Residential District to PI Planned Industrial District and Zoning Advisory Commission recommending approval. Motion by Connors to consider the first reading of a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 777 Edwards Road from R-1 Single Family Residential District to PUD Planned Unit Development District with a PI Planned Industrial District designation and adopting a revised Conceptual Development Plan for Edwards Cast Stone. Seconded by Voetberg. Doug Edwards, 777 Edwards Road, spoke in favor of the rezoning. Motion carried 5-0. Oak Grove Sanitary Sewer and Water Main Extension Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract and estimated cost for the Oak Grove Sanitary Sewer and Water Main Extension Project and City Manager recommending approval. There being no public comments, Connors moved to close the Public Hearing. Seconded by Voetberg. Motion carried 5-0. Motion by Voetberg to table to February 2, 2009 a proposed resolution approving plans, specifications, form of contract, and estimated cost for the Oak Grove Sanitary Sewer and Water Main Extension Project; a proposed resolution with respect to the adoption of the Resolution of Necessity proposed for the Oak Grove Sanitary Sewer and Water Main Extension Project; and a proposed resolution approvingschedule of assessments and estimate of total cost for the Oak Grove Sanitary Sewer and Water Main Extension Project, Seconded by Jones. Motion carried 5-0. 14 Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corporation: Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, 300 Main Street, provided a verbal report on the activities of GDDC. Motion by Jones to receive and file and express the City Council’s gratitude. Seconded by Connors. Motion carried 5-0. Final Plat – English Ridge Subdivision: Zoning Advisory Commission recommending approval of the final plat of English Ridge Subdivision as requested by English Ridge LLC. Motion by Jones to receive and file the documents and adopt Resolution No. 31-09 Approving Final Plat of English Ridge Subdivision in the City of Dubuque, Iowa. Seconded by Voetberg. Motion carried 5-0. RESOLUTION NO. 31-09 AUTHORIZING APPROVING FINAL PLAT OF ENGLISH RIDGE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a final plat of English Ridge Subdivision in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Chesterfield Drive (Lots B & C), Stone Valley Drive (Lot D), Kingsley Lane (Lot E), Kingsley Court (Lot F), Wellington Lane (Lot G), Wellington Lane (Lot H) and Shrewsbury Lane (Lot I), together with certain public utility, storm sewer, sanitary sewer and water main easements, storm water detention facility (Lot A) and park land (Lot K) which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon; subject to the owner’s agreeing to the conditions noted in Section 3 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Chesterfield Drive (Lots B & C), Stone Valley Drive (Lot D), Kingsley Lane (Lot E), Kingsley Court (Lot F), Wellington Lane (Lot G), Wellington Lane (Lot H) and Shrewsbury Lane (Lot I) together with the park land (Lot K) and the easements for public utilities, sanitary sewer, storm sewer and water mains, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of English Ridge Subdivision is hereby approved by the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: (a) To reduce Stone Valley Drive (Lot D), Kingsley Lane (Lot E), Kingsley Court (Lot F), Wellington Lane (Lot G), Wellington Lane (Lot H) and Shrewsbury Lane (Lot I) to grade and to construct concrete curb and gutter and to hard surface with 15 asphaltic concrete, or with concrete paving with integral curb, all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting and erosion control devices all in accordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct a storm water detention facility (Lot A) in a manner acceptable to the City Engineer, in accordance with the City of Dubuque standard specifications approved by the City Engineer, and inspected by the City Engineer. (d) To construct sidewalk along Stone Valley Drive frontage of Lot A and Lot K in accordance with City of Dubuque Standards and specifications. (e) To construct said improvements, prior to the two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (f) To maintain the public improvements, for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner; And, further provided that said English Ridge, L.L.C., as owners of said property, shall secure the performance of the foregoing conditions provided in this Section by providing guarantees in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of the owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code 41-100 and 42- 24. Section 4. The owner must continue to own and maintain Lot A and stormwater detention facility until (1) the facility has been fully completed, (2) 80% of the platted lots have been fully developed, and (3) adequate erosion control measures, as approved by the City have been installed on the remaining 20% of the lots. Acceptance of Lot A and the facility must be by the City Council as required by the Subdivision Ordinance. Upon the City’s acceptance of the detention facility, the inspection, administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot A) shall be assessed against the lot owners of all additions in English Ridge Subdivision as indicated in the preliminary plat, in proportion to the acreage of each lot, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the final acceptance of the public improvements shall occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City standards and specifications and accepted by City Council Resolution. Section 6. That in the event English Ridge, L.L.C., fails to execute the acceptance and furnish the guarantees provided in Sections 2 and 3 hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. 16 th Passed, approved and adopted this 20 day of January 2009. Kevin J. Lynch, Mayor Pro-Tem Attest: Jeanne F. Schneider, CMC, Assistant City Clerk ACCEPTANCE OF RESOLUTION NO. 31-09 I, the undersigned, Larry McDermott, representing English Ridge, L.L.C., having read the terms and conditions of the Resolution No. 31-09 and being familiar with the conditions thereof, thereby accept this same and agree to the conditions required there in. rd Dated in Dubuque, Iowa, this 23 day of January, 2009 By Larry E. McDermott, English Ridge, L.L.C. Millworking Warehouse District Agreement: City Manager recommending approval of an Agreement with Dubuque Main Street for the hiring of a Resource Development Director for the Millworking Warehouse District. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Voetberg. Motion carried 4-0 with Connors abstaining. Youthbuild Contract: City Manager recommending approval of the submission of a Federal Youthbuild grant application. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 5-0. Valet Parking: City Manager recommending approval of changes to the special events permit ordinance in response to a request to offer valet parking in the downtown business district. Motion by Connors to consider the first reading of a proposed ordinance amending City of Dubuque Code of Ordinances Sections 33-21 and 33-21.2 to provide for valet parking in the downtown business district by requiring businesses to obtain a special events permit and provide a plan for compliance with the Americans with Disabilities Act and Americans with Disabilities Act Accessibility Guidelines. Seconded by Jones. Motion carried 5-0. COUNCIL MEMBER REPORTS Voetberg reported on phone calls he has received from citizens opposing the alternate-side snow route parking restrictions and asked that staff look at parking uphill and safety issues related to side streets. Jones welcomed and thanked the Boy Scouts from Troops 69 and 48, who were in attendance. He then thanked Dubuque Initiatives for their efforts related to IBM’s recent decision to come to Dubuque as well as former Mayor Terry Duggan, former Council Members Ann Michalski, John Markham, Dan Nicholson, and Pat Cline for their forethought. There being no further business, upon motion the City Council adjourned at 7:25 p.m. /s/Jeanne F. Schneider, CMC City Clerk 17