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8 17 09 City Council Proceedings OfficialTHE CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on August 17, 2009 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 of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Pastor Terry Bemis of Assembly of God Church. PROCLAMATIONS Irish Hooley Day (August 29, 2009) was accepted by Joe Blodgett, 256 Nevada Street; Tour de Dubuque Day (August 29, 2009) was accepted by Baird Sessions, 2145 Garfield. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Voetberg requested (#16) Automated Agenda Management Request for Proposals and (#27) Signed Contracts be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 5/12 and 7/7; City Council of 8/3; Civil Service Commission of 7/10; Library Board of Trustees of 5/28 and 6/25; Park and Recreation Commission of 7/14; Transit Board of Trustees of 5/14; Zoning Advisory Commission of 8/5 Proofs of publication of City Council Proceedings of July 9 and 20, 2009 Official Proceedings of the City Council for 2008 Upon motion the documents were received and filed. Notice of Claims/Suits: Linda Beau for vehicle damage; Progressive Northern Insurance Company (representing John L. Walker) for vehicle damage; Albert A. Weidenbacher for vehicle damage. Upon motion the documents were received and 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: Linda Beau for vehicle damage; Progressive Northern Insurance Company for vehicle damage; Jacob Schmitz for vehicle damage. Upon motion the documents were receive and filed and concurred. First Half of 2009 Weed Assessments: City Manager recommending approval of the levy of special assessments for the first half of the 2009 Weed Enforcement Program in the total amount of $1,067.50. Upon motion the documents were received and filed and Resolution No. 284-09 Adopting the schedule of assessments for the first half of the 2009 Weed/Garbage/Junk Enforcement Program 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. DMASWA Comprehensive Solid Waste Management Plan Update: City Manager recommending approval of the Dubuque Metropolitan Area Solid Waste Agency's 2009 Comprehensive Solid Waste Management Plan Update. Upon motion the documents were received and filed and Resolution No. 285-09 Adopting the Dubuque Metropolitan Area Solid Waste Agency's 2009 Comprehensive Solid Waste Management Plan Update was adopted. Civil Service Commission: Civil Service Commission submitting the certified list for the positions of Police Chief and Equipment Operator II. Upon motion the documents were received and filed and made a Matter of Record. Fire Station No. 4 Door Replacement Project: City Manager recommending award of the public improvement contract for the Fire Station No. 4 Door Replacement Project to Portzen Construction in the amount of $58,900. Upon motion the documents were received and filed and Resolution No. 286-09 Awarding public improvement contract for the Fire Station No. 4 Door Replacement Project was adopted. Iowa National Guard Training: City Manager recommending approval of a usage agreement with the Iowa National Guard allowing the Guard to do training at the former Roosevelt Park. Upon motion the documents were received, filed and approved. Historic/Architectural Survey — Phase VI: City Manager recommending approval to submit a Certified Local Government (CLG) grant application in the amount of $19,000 for the Phase VI Intensive Architectural/Historic Survey and Evaluation. Upon motion the documents were receive, filed and approved. Four Mounds Illustrated Site Plan: City Manager recommending approval to submit a Certified Local Government (CLG) grant application in the amount of $9,700 for an Illustrated Site Plan for Four Mounds. Upon motion the documents were received, filed and approved. Community Development Block Grant — Recovery (CDBG-R): City Manager recommending approval of a Community Development Block Grant Recovery grant agreement with the U.S. Department of Housing and Urban Development in the amount of $328,269 from the federal stimulus package. Upon motion the documents were received and filed and Resolution No. 287-09 Authorizing execution of a Community Development Block Grant — Recovery grant agreement with the U.S. Department of Housing and Urban Development was adopted. PEG Capital Grant Expenditure: City Manager recommending approval of the Cable TV Tele-Programming Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $2,500 for Wahlert High School and $41,500 for Loras College. Upon motion the documents were received, filed and approved. Bee Branch Creek Restoration Project: Assistant City Attorney Tim O'Brien recommending approval of the commencement of eminent domain proceedings to acquire the property 2 located at 1553 Maple Street as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 288-09 Authorizing the commencement of eminent domain proceedings for the acquisition of certain real property owned by Milton Schwartz at 1553 Maple Street in Dubuque County, Iowa, for the Bee Branch Creek Restoration Project was adopted. 40 Main, LLC — Consent to Collateral Assignment of Development Agreement: City Manager recommending approval of the Consent to the Collateral Development Agreement between the City of Dubuque and 40 Main, LLC for purposes of financing this redevelopment project. Upon motion the documents were received, filed and approved. Cell Phone Service and Handsets — Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for Cellular Phone Service and Handsets. Upon motion the documents were received, filed and approved. Automated Agenda Management — Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals for an Automated Agenda Management System. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. Bee Branch Floodwall Pumping Station Auxiliary Power Project: City Manager recommending acceptance of the Bee Branch Floodwall Pumping Station Auxiliary Power Project, as completed by A&G Electric, in the final contract amount of $338,758. Upon motion the documents were received and filed and Resolution No. 289-09 Accepting the Bee Branch Floodwall Pumping Station Auxiliary Power Project was adopted. Letter of Support: City Manager submitting a letter of support for Interstate Power and Light Company's effort to obtain partial funding from the American Recovery and Reinvestment Act for its Smart Grid initiatives. Upon motion the document was received and filed. Mediacom: Communication from Mediacom advising of a rate increase for Mediacom Online effective on or about September 7, 2009. Upon motion the document was received and filed. Wartburg Place — Conceptual Development Plan: Zoning Advisory Commission advising that the proposed changes to the adopted conceptual development plan for the 300 block of Wartburg Place do not represent a significant change. Upon motion the documents were received and filed. Brownfield/Grayfield Redevelopment Tax Credit Application — 40 Main, LLC: City Manager recommending approval for the City of Dubuque to sponsor a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of 40 Main, LLC. Upon motion the documents were received and filed and Resolution No. 290-09 Approving a Brownfield/Grayfield Redevelopment Tax Credit Application to the Iowa Department of Economic Development on behalf of 40 Main, LLC, was adopted. Workers' Compensation Settlement: City Manager recommending approval of the workers' compensation settlement with Bret Stierman and authorization to make payment to Mr. Stierman in the amount of $35,592.60. Upon motion the documents were received, filed, and approved. 3 Amendment to Collective Bargaining Agreement: City Manager recommending approval of an amendment to the collective bargaining agreement between the City of Dubuque and the International Union of Operating Engineers to provide for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispatchers. Upon motion the documents were received, filed, and approved. Office of the City Assessor: Communication from Richard A. Engelken, City Assessor, advising that a Notice of Appeal and Petition form has been filed with the Property Assessment Appeal Board for property located at 435 Kennedy Road. Upon motion the document was received and filed. Comprehensive Recycling Planning Task Force: Communication from Governor Chester J. Culver and Lt. Governor Patty Judge appointing Paul Schultz to the Comprehensive Recycling Planning Task Force. Upon motion the document was received and filed. University of Dubuque Fireworks Display: Communication from Jeffrey F. Bullock, President — University of Dubuque, requesting permission to display fireworks on Saturday, September 12, 2009. Upon motion the document was received, filed and approved. Signed Contracts: Google Products and Services and Eco Smart Building, PC. Motion by Voetberg to receive and file the documents. Seconded by Jones. Motion carried 7-0. 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. 291-09 Granting the issuance of a Class "B" Beer Permit to Riverfest Festival and a Class "C" Beer Permit to Dubuque Quick Stop Mart; Resolution No. 292-09 Granting the issuance of a Class "C" Beer/Liquor License to Lucky 13 Tap, Mississippi River Museum and Chances R; and Resolution No. 293-09 Granting the issuance of one new license to sell cigarettes and cigarette papers to Dubuque Quick Stop Mart were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. 2009 Sewer Cured -in -Place Pipe (CIPP) Lining Project: City Manager recommending initiation of the bidding process for the 2009 Sewer Cured -in -Place Pipe (CIPP) Lining Project and further recommends that a public hearing be set for September 8, 2009. Upon motion the documents were received and filed and Resolution No. 294-09 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 for the 2009 Sewer Cured -in -Place Pipe (CIPP) Lining Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 8, 2009 in the Historic Federal Building. 4 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Airport Commission: Two 4-year terms through September 14, 2013 (Terms of Brotherton and Santillo). Applicants: Douglas Brotherton, 2823 Hickory Hill Street, and Michael Santillo, 2929 Kristen Court. Mr. Brotherton and Mr. Santillo spoke in support of their appointment. Housing Trust Fund Advisory Committee: One 3-years term through September 8, 2012 (At - Large term of Hingtgen). Applicant: Doris Hingtgen, 309 Hill Street. Ms. Hingtgen spoke in support of her appointment. Appointments to the following Boards/Commission: Housing Commission: Three 3-year term through August 17, 2012 (Terms of Culbertson, Holz and Kapler. Applicants: Dorothy Culbertson, 2095 University Avenue; Jim Holz, 2010 Indiana Court; and David Kapler, 827 Patricia Ann Drive. Motion by Braig to appoint Dorothy Culbertson, Jim Holz, and David Kapler to the Housing Commission for 3-year terms through August 17, 2012. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. University of Dubuque — Amendment to ID Institutional District: Proof of publication on notice of public hearing to consider a request from James Steiner, University of Dubuque, to amend the University of Dubuque ID Institutional District boundary by adding existing residential properties. Communication from Julie Kay Schwendinger, 1845 Bennett Street, regarding the proposed rezoning. 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 Jones. Motion carried 7-0. Responding to questions from the City Council, Jim Steiner of the University of Dubuque, 2000 University Avenue, spoke in favor of including the 32 parcels. Steiner stated that the University owns the parcels and parking issues have been addressed with the City, which includes 1,000 parking spaces within the campus for student parking. Dan McDonald of the Greater Dubuque Development Corporation, 300 Main Street, spoke in favor of the proposed amendment. Planning Services Manager Laura Carstens provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 41-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending the Institutional District boundaries for the University of Dubuque by rezoning the subject properties from R-1 Single -Family Residential District to ID Institutional District. Seconded by Jones. Motion carried 7-0. Eagle Point Water Plant Vacuum Filter Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Eagle Point Water Plant Vacuum Filter Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 295- 09 Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Water Plant Vacuum Filter Project. Seconded by Lynch. Motion carried 7-0. 5 Miller Road Water Main Extension Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Miller Road Water Main Extension Project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 296-09 Approval of plans, specifications, form of contract, and estimated cost for the Miller Road Water Main Extension Project. Seconded by Jones. Motion carried 7-0. Highway 151 / 61 South Water Main Extension Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Highway 151 / 61 South Water Main Extension Project and City Manager recommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 297-09 Approval of plans, specifications, form of contract, and estimated cost for the Highway 151 / 61 South Water Main Extension Project. Seconded by Resnick. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Request to Address the City Council by Sgt. Lee Harlow Andre regarding the dog park. Mr. Andre, 1175 Highland Place spoke in support of keeping the Grandview Avenue Dog Park open as it is requires a minimal operation cost and is enjoyed by hundreds of people. Motion by Lynch to receive and file. Seconded by Connors. Motion carried 7-0. Request to Address the City Council — Wehrspann: Two requests of Joan Wehrspann to address the City Council regarding various issues. This item was withdrawn from the agenda. Ordinance No. 7-09 — Correction to Legal Description: City Manager recommending approval of a correction to the legal description in Ordinance 7-09 for property located at the northeast corner of University and Nevada (Radio Dubuque). 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 Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 42-09 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located near the northeast corner of University Avenue and Nevada Street from R-2 Two-family Residential District to OS Office Service District, with conditions, and rescinding Ordinance No. 7-09. Seconded by Lynch. Motion carried 7-0. Usage Agreement with Stone Cliff Winery: City Manager recommending approval of a usage agreement for a section of the Alliant Amphitheater to have weekly outdoor movies and jam sessions. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Jones. Responding to questions by City Council, Leisure Services Manager Gil Spence stated that the agreement will allow Stone Cliff Winery to reserve the space under the City's regular 23-month reservation period with their primary usage on Tuesdays and Thursdays with no weekend reservations at this time. Motion carried 7-0. 6 Agreement with the Dubuque Community School District: City Manager recommending approval of an agreement with the Dubuque Community School District allowing the Dubuque Building Trades On -Site Program (DBTOP) to renovate the Bridge Complex in Eagle Point Park. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. E.B. Lyons Nature Center Expansion Project: City Manager recommending award of the public improvement contract for the E.B. Lyons Nature Center Expansion Project to Stumpf Construction in the amount of $1,229,367. Motion by Jones to receive and file the documents and adopt Resolution No. 298-09 Awarding public improvement contract for the E.B. Lyons Nature Center Expansion Project. Seconded by Connors. Motion carried 7-0. Iowa Jobs (I -JOBS) Application — Lower Bee Branch Creek Restoration Project: City Manager recommending approval to submit an application for I -JOBS funding in the amount of $7,000,000 for the Lower Bee Branch Creek Restoration Project. Motion by Connors to receive and file the documents and adopt Resolution No. 299-09 Authorizing the submittal of an application to the State of Iowa I -JOBS Grant Program for funding of the Lower Bee Branch Creek Restoration Project. Seconded by Lynch. Motion carried 7-0. 1695 Garfield Retaining Wall Repair Project: City Manager recommending award of the public improvement contract for the 1695 Garfield Retaining Wall Repair Project to Top Grade Excavating in the amount of $48,603.49. Motion by Lynch to receive and file the documents and adopt Resolution No. 300-09 Awarding public improvement contract for the 1695 Garfield Retaining Wall Project. Seconded by Voetberg. Motion carried 7-0. Historic Shot Tower Rehabilitation Project: City Manager recommending that all the competitive bid proposals received for the Historic Shot Tower Rehabilitation Project be rejected. Motion by Connors receive and file the documents and adopt Resolution No. 301-09 Rejecting all competitive bid proposals received for the Historic Shot Tower Rehabilitation Project — Phase I. Seconded by Voetberg. Motion carried 7-0. Code of Ordinances: City Manager recommending that the City of Dubuque Code of Ordinances be re -adopted in its entirety. 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 Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 43-09 Readopting the codification of all ordinances of the City of Dubuque, Iowa, of a general or public nature or imposing a fine or penalty including codes and maps adopted by reference, as the official Code of the City of Dubuque, Iowa, as provided for and pursuant to Chapter 380 of the Iowa Code; providing for the title and citation of the Code; repealing all ordinances and parts of ordinances of a general or public nature or imposing a fine or penalty, passed on or prior to May 4, 2009, except those not contained in said code or recognized and continued in force by reference therein; providing penalties for the violation of the several sections thereof; and prescribing the time when this ordinance shall be in full force and effect. Seconded by Lynch. Motion carried 7-0. 7 IDED — City of Dubuque Agreement for IBM: City Manager recommending approval of an Agreement between the Iowa Department of Economic Development (IDED) and the City of Dubuque. Motion by Connors to receive and file the documents and adopt Resolution No. 302- 09 Approving an Agreement between the Iowa Department of Economic Development and the City of Dubuque. Seconded by Lynch. Motion carried 7-0 COUNCIL MEMBER REPORTS Jones reported that as a result of local media coverage, a contractor came forward to repair a collapsed private retaining wall, which was reported on at a past City Council meeting. CLOSED SESSION Motion by Jones to go into closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) of the Code of Iowa. Seconded by Connors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 7:39 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:40 p.m. 1 t 8/26 /s/Jeanne F. Schneider, CMC City Clerk 8