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Minutes City Council 6 1 09 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on June 1, 2009 in the Historic Federal Building Present: Mayor Pro-Tem Connors, Council Members Braig, Jones, Lynch, Resnick, Voetberg, Assistant City Manager Steinhauser; City Attorney Lindahl Absent: Mayor Roy D. Buol Pledge of Allegiance Invocation was provided by Deacon Jim Thill of Holy Spirit Pastorate PROCLAMATION Apples for Students Months (June, July and August, 2009) was accepted by Ellen rd Goodman-Miller, 421 W. 3 Street. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Motion carried 6-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/28; City Council of 5/18 and 5/27; Housing Commission of 3/24; Zoning Advisory Commission of 5/6; Proofs of publication of City Council Proceedings of May 4 and 11, 2009. Upon motion the documents were received and filed. Notice of Claims/Suits: Richard and Mary Rokusek for vehicle damage; Angela Oberfoell for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. City Attorney recommending denial of the following claims: Larry A. Vogt for vehicle damage, Lakesha Wheeler for property damage and Garrett Waterproofing for reimbursement of towing charges. Upon motion the documents were received and filed and concurred. Fiscal Year 2009 Community Development Block Grant (CDBG) Annual Action Plan: City Manager recommending approval of an amendment to the Fiscal Year 2009 Community Development Block Grant Annual Action Plan for CDBG Recovery Funding from the U.S. Department of Housing and Urban Development. Upon motion the documents were received and filed and Resolution No.168-09 Approving the Fiscal Year 2009 Annual Action Plan (Consolidated Plan 2008) – Amendment 5 for Community Development Block Grant Recovery Funds was adopted. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Firefighter. Upon motion the document was received and filed and made a Matter of Record. U.S. Housing and Urban Development: Communication from Nelson Bregon, General Deputy Assistant Secretary for HUD, advising the City of funding allocations for the Community Development Block Grant Program. Upon motion the documents were received and filed. Collateral Assignment of the Development Agreement – Dubuque Initiatives: City Manager recommending approval of a Collateral Assignment of the Development Agreement between the City of Dubuque, Iowa and Dubuque Initiatives. Upon motion the documents were received and filed and Resolution No. 169-09 Consenting to a Collateral Assignment of the Development Agreement between the City of Dubuque, Iowa and Dubuque Initiatives was adopted. Neighborhood Stabilization Program (NSP): City Manager recommending approval of the publication of a Notice of Intent to Request Release of Funds for the Neighborhood Stabilization Program (NSP). Upon motion the documents were received and filed and Resolution No. 170-09 Authorizing publication of a Notice of Intent to request release of funds for the Neighborhood Stabilization Program was adopted. Tanglewood Subdivision – Final Plat: City Manager recommending approval of the final plat of Tanglewood Subdivision subject to waivers and conditions. Upon motion the documents were received and filed and Resolution No. 171-09 Approving final plat of Tanglewood Subdivision in Dubuque County, Iowa, was adopted. thth Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project: City Manager recommending award of the Locust Street Sidewalk and Traffic Signal Installation – thth 8 to 12 Street Project to McDermott Excavating in the amount of $384,925.39. Upon motion the documents were received and filed and Resolution No. 172-09 Awarding public thth improvement contract for the Locust Street Sidewalk and Traffic Signal Installation – 8 to 12 Street Project was adopted. Request for Proposals – Historic Millwork District Streetscape Improvements: City Manager recommending approval to issue a Request for Proposals for the Streetscape Improvements Addendum to the Millwork District Streets and Utility Improvements Project to have these projects better coordinated by using one vendor. Upon motion the documents were received, filed, and approved. Grass and Weed Cutting Assessments: City Manager recommending approval to certify grass and weed cutting charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 173-09 Adopting the schedule of assessments for grass cutting charges 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. Vacant and Abandoned Buildings and Problem Property Assessments: City Manager recommending approval of vacant and abandoned building and problem property assessments. Upon motion the documents were received and filed and Resolution No. 174-09 Adopting the Schedule of Assessments for vacant and abandoned building and problem property charges specifying the number of annual installments into which assessments are 2 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; and Resolution No. 175-09 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Section 26- 3(b)(1)h; Section 26-4(b)(3) and Section 26-6(b) of the Code of Ordinances of the City of Dubuque, Iowa, were adopted. 2008/2009 Snow Removal Assessments – Right of Way Obstruction Removal: City Manager recommending approval of the final assessment schedule for the 2008/2009 Snow Removal and Right-of-Way Obstruction Removal Assessment Project in the amount of $4,277. Upon motion the documents were received and filed and Resolution No. 176-09 Adopting the final Assessment Schedule for the Snow Removal Assessment – Right-of-Way Obstruction Removal Assessment Project was adopted. Snow and Ice Removal Assessments: City Manager recommending certification of snow and ice removal charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 177-09 Adopting the Schedule of Assessments for snow and ice removal charges 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; and Resolution No. 178-09 Authorizing the City to collect delinquent snow and ice removal charges in accordance with Section 364.12.2.b of the State of Iowa Code; Section 41.86, Section 26-4.(b)(3) & Section 26-6.(b) of the Code of Ordinances of the City of Dubuque, Iowa, were adopted. Legislative Correspondence: City Manager submitting correspondence to Senator Tom Harkin regarding the U.S. Corps of Engineers’ plan to further research the flexibility of installing hydroelectric power generation equipment on the auxiliary lock at Lock and Dam #11 in Dubuque and their partnership with Hydro Green Energy. Communication from Mayor Roy Buol to Senator Tom Harkin urging support for full funding of the Energy Efficiency and Conservation Block Grant (EECBG) program and letter of support from the U.S. Conference of Mayors. Upon motion the documents were received and filed. Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance violation for Tony’s Place, Yen Ching Restaurant, Hi Ho Mongolian Grill, and Bricktown Brewery, and the second offense alcohol compliance violation for The Lounge, and it is further requested that the City Council accept and approve the first offense civil penalty payment from Courtside Sports Bar & Grill, Phillips 66 (Arby’s), and AWN Stop Mart #2 when payment is received. Upon motion the documents were received, filed, and approved. Tobacco Compliance – Civil Penalty for Tobacco License Holders: City Manager recommending approval of the Acknowledgement/Settlement Agreements for a second offense tobacco compliance violation for Phillips 66 (Arby’s), and AWN Stop Mart #2, and the first offense civil penalty violation for AWN Stop Mart. Upon motion the documents were received, filed, and approved. 3 Proudly Accessible Dubuque: Communication from Katrina Wilberding advising that the Historic Federal Building is the newest Proudly Accessible Dubuque business. Upon motion the document was received and filed. Mediacom: Communication from Lee Grassley, Mediacom Senior Manager, announcing the launching of additional channels on the digital broadcast basic lineup. Upon motion the documents were received and filed. Purchase of Property – 2655 Shiras Avenue: City Manager recommending acceptance of the deed to property located at 2655 Shiras Avenue for the entrance to Eagle Point Park. Upon motion the documents were received and filed and Resolution No. 179-09 Approving the acquisition of real estate located at 2655 Shiras Avenue, Dubuque, Iowa, was adopted. Authorized Depository Institutions: City Manager recommending approval of a depository resolution for BBVA Compass, Irving, Texas, in relation to the deposits for dog and cat licenses by PetData, Inc. Upon motion the documents were received and filed and Resolution No. 180-09 Naming Depositories was adopted. Eco-Transit TIGGER Grant Submission: City Manager recommending approval of the submission of a $3,471,086 grant application for the Federal Transit Administration’s Transit Investments for Greenhouse Gas and Energy Reduction (TIGGER) Program in partnership with ECIA’s Regional Transit Authority. Upon motion the documents were received, filed, and 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. 181-09 Granting the issuance of one license to sell cigarettes and cigarette papers to Walgreen Company; Resolution No. 182-09 Granting the issuance of a Class “C” Beer Permit to Beecher Beverage; and Resolution No. 183-09 Granting the issuance of a Class “B” Liquor License (Hotel/Motel) to Days Inn and Spirits; a Class “C” Beer/Liquor License to L. May and Hi Ho Mongolian Grill; a Special Class “C” Liquor License to Monks Kaffee Pub; a Class “WBN” (Native Wine) to Hancock House Bed and Breakfast; and a Special Class “C” Liquor License (Four 5-Day Special Events) to Dubuque Jaycees were adopted. Purchase of Service Agreement – Burlington Trailways: City Manager recommending approval of a revised Purchase of Service Agreement with Burlington Trailways which extends the length of the agreement from one year to five years. Upon motion the documents were received, filed, and approved. Diverse Dubuque: A Focus on National Origin: Press release advising that the locally produced video entitled Diverse Dubuque: A Focus on National Origin has received the Iowa Motion Picture Association Award of Excellence in the Corporate and Community Marketing category at the Annual IMPA Awards Ceremony in Des Moines. Upon motion the documents were received, filed, and approved. 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. 4 Seconded by Jones. Motion carried 6-0. Urban Renewal Tax Increment Revenue Notes – 40 Main, LLC: City Manager recommending that a public hearing be set for June 15, 2009 to consider the issuance of not to exceed $700,000 in Urban Renewal Tax Increment Revenue Notes to support a mixed use redevelopment of the building at 40 Main Street by 40 Main, LLC. Upon motion the documents were received and filed and Resolution No. 184-09 Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 Urban Renewal Tax Increment Revenue Notes of Dubuque, Iowa, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. North Fork Catfish Creek Sanitary Sewer Project – Phase II: City Manager recommending initiation of the public bidding process for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase II and that a public hearing be set for June 15, 2009. Upon motion the documents were received and filed and Resolution No. 185-09 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. Dubuque Industrial Center West – North Siegert Farm Phase III Project: City Manager recommending initiation of the public bidding process for the Dubuque Industrial Center West – North Siegert Farm Phase III Project and that a public hearing be set for June 15, 2009. Upon motion the documents were received and filed and Resolution No. 186-09 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. National Mississippi River Museum and Aquarium River Center Project – Phase II: City Manager recommending initiation of the public bidding process for the National Mississippi River Museum and Aquarium River Center Project – Phase II and that a public hearing be set for June 15, 2009. Upon motion the documents were received and filed and Resolution No. 187-09 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2009 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Arts and Cultural Affairs Advisory Commission: Three 3-year terms through June 30, 2012 (Terms of Henkels, Steffen, Shafer; 1 at-large, 2 business/professionals of which one must live rd or work within the Cultural and Entertainment District). Applicants: Ellen Henkels, 890 W. 3 Street; Molly McDonough, 1787 Lawndale Street; Geri Shafer, 1207 Adeline Street; Julie Steffen, 2260 Coates Street; Peggy Stover, 1145 Locust Street. Ms. Henkels, Ms. Shafer, and Ms. Steffen spoke in support of their appointment. 5 Building Code Appeals Board: Three 3-year terms: 1 at-large through August 1, 2011 (term of Jahns; 2 newly formed ADA Representatives with terms determined by appointment date). Applicants: Ryan Anglese, 2752 Carlton; Marla Cruise, 905 Rockdale Road. Mr. Anglese spoke in support of his appointment(s). Civic Center Commission: Two 3-year terms through June 29, 2012 (Terms of Fuller and Parks). Applicants: Cynthia Fuller, 960 Prince Phillip Drive; Bryce Parks, 2005 N. Main Street Historic Preservation Commission: Four 3-year terms through July 1, 2012 (3 at-large, 1 Cathedral Historic District resident or interim; Terms of Bichell, Lundh, Olson, Knight. Applicants: Christen Happ Olson, 1090 Grove Terrace; Shayne Henry, 160 Devon Drive; th Michael Knight, 942 Mt. Pleasant Street; Mary Loney Bichell, 595 W. 11 Street; Peggy Stover, 1145 Locust Street. Ms. Olson and Ms. Stover spoke in support of their appointment. Housing Code Appeals Board: One 3-year term through January 1, 2011 (Term of Moore). Applicant: Ryan Anglese, 2752 Carlton Avenue. Investment Oversight Advisory Commission: Two 3-year terms through July 1, 2012 (Terms rd of Lassance and Melendez). Applicants: Brad Chalmers, 1095 W. 3 Street; Paul Lassance, 4846 Embassy Court; Hiram Melendez, 1920 Shelby Street. Mr. Chalmers spoke in support of his appointment. Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2012 (Terms of Darter and Stein). Applicants: Chad Darter, 2544 Matthew John Drive; Lou Oswald, 180 Nowata Street. Park and Recreation Advisory Commission: One 3-year term through June 30, 2012 (Term of Duggan). Applicants: Robert Blocker, 880 Kane Street; Charles Duggan, 2317 Beacon Hill Drive; Shayne Henry, 160 Devon Drive; David Schlueter, 3645 Crescent Ridge. Mr. Blocker spoke in support of his appointment. TV Cable Regulatory Commission: One 3-year term through June 30, 2012 (Term of Ellis). Applicant: Charlie Ellis, 373 S. Grandview Avenue. TV Cable Community Tele-programming Commission: Three 3-year terms through June 30, 2012 (Terms of Tigges, Vincent, and McDonough). Applicants: Jennifer Tigges, 4927 Wild Flower Drive; Alan Vincent, 1010 Dunham Drive. Zoning Advisory Commission: Two 3-year terms through July 1, 2012 (Terms of Miller and Hardie). Applicants: Ryan Anglese, 2752 Carlton Avenue; Stephen Hardie, 62 Fremont Avenue; Charles Miller, 7010 Asbury Road; Ferd Nesler, 4125 Mt. Alpine Street. Mr. Miller spoke in support of his appointment. Upon motion the rules were suspended allowing anyone present to address the City Council. PUBLIC HEARINGS thth Green Alley Pilot Project – Alley between Jackson and White Streets from 11 to 13 Streets: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Green Alley Pilot Project – Alley between Jackson thth and White Streets from 11 to 13 Streets and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 188-09 Approval of th plans, specifications, form of contract, and estimated cost for the Green Alley Pilot Project (11 th – 13 between White and Jackson Streets); Resolution No. 189-09 With respect to the thth adoption of the Resolution of Necessity proposed for the Green Alley Pilot Project (11 – 13 between White and Jackson Streets); and Resolution No. 190-09 Approving Schedule of thth Assessment and estimate of total cost for the Green Alley Pilot Project (11 – 13 between White and Jackson Streets). Seconded by Lynch. Annette Miller of 1241 Jackson Street, and 6 Doris Frost of 1240 White Street asked if this project is confirmed to begin and what the time thth line is. City Engineer Gus Psihoyos stated that area between 11 and 13 is scheduled to begin this summer be completed at the end of August. Motion carried 6-0.. Trolley Line Trail – Eagle Point Park Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Trolley Line Trail – Eagle Point Park Project and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 191-09 Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Trolley Line Trail Project. Seconded by Voetberg. Motion carried 6-0. North Fork Catfish Creek Sanitary Sewer Project – Phase I: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 192-09 Approval of plans, specifications, form of contract, and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Improvements Project – Phase I. Seconded by Braig. Motion carried 6-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Police Department Towing Contract: City Manager recommending award of the Fiscal Year 2010/2012 City of Dubuque Tow Contract to Wenzel Towing. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Responding to questions from the City Council, Acting Police Chief Terry Tobin provided a brief history and explanation of the towing contract process. Motion carried 6-0. Urban Development Action Grant (UDAG) Loan Agreement – Genuine Genius Solutions: City Manager recommending approval to amend the $40,000 Urban Development Action Grant (UDAG) Loan Agreement with Genuine Genius Solutions, LLC to allow a one year extension of the repayment of the loan. Responding to questions from City Council, Economic Development Director Dave Heiar stated that the City’s Finance Department monitors loan payments, the firm is not currently required to provide financial statements, and the firm’s equipment is held as the loan security. Motion by Jones to table to June 15, 2009. Seconded by Resnick. Motion carried 5-1 with Lynch voting nay. Municipal Housing Agency Governing Board: City Manager recommending approval of an ordinance amending Chapter 15, Community Development of the City of Dubuque Code of Ordinances dissolving the Municipal Housing Agency Governing Board. 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 Braig. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 26-09 Amending City of Dubuque Code of Ordinances, Chapter 15, Community Development, by repealing Section 15-11 Municipal Housing Agency. Seconded by Braig. Motion carried 6-0 Pet Park: Request of City Council Member Ric Jones to schedule a worksession regarding the community’s dog park. Motion by Jones to direct staff to schedule a work session to 7 discuss future plans for a pet park and to include the Park and Recreation Commission, the Humane Society and other stakeholders. Seconded by Braig. Motion failed 3-3 with Voetberg, Connors and Lynch voting nay. COUNCIL MEMBER REPORTS Resnick reported that he had recently read that the Platteville, Wisconsin, pet park has been successful and that regional residents are hoping Dubuque will resolve its pet park issue. There being no further business, upon motion the City Council adjourned at 7:32 p.m. /s/Jeanne F. Schneider, CMC City Clerk 1t 6/10 8