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Minutes_City Council Proceedings 9 21 09 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on September 21, 2009 in the Historic Federal Building. Present: Mayor Pro-Tem Connors, Council Members Braig, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, Assistant City Attorney O’Brien. City Attorney Lindahl joined the meeting at 6:45 p.m. Absent: Mayor Roy D. Buol Mayor Pro-Tem Connors 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 Sister Beth Driscoll, Sisters of the Presentation, Leadership Team PROCLAMATIONS Constitution Week (September 17 – 23, 2009) was accepted by Carla Burchett, 3855 Creston; Day of Peace (September 21, 2009) was accepted by Sister Pat Farrell, 1003½ Davis Street; Arts and Humanities Month (October, 2009) was accepted by Arts and Cultural Affairs Advisory Commission Chairperson Geri Shafer, 1207 Adeline Street; Crop Walk Day in Dubuque (October 4, 2009) was accepted by Sr. Anita Hayes, 1965 South. Grandview Avenue; Week without Violence (October 18 – 24, 2009) was accepted by Sr. Charla Bulko of the Dubuque Community Y, 35 N. Booth Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 6-0. Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 8/4; Cable TV Regulatory Commission of 3/11; City Council of 9/8; Civil Service Commission of 9/1; Community Development Advisory Commission of 8/12; Environmental Stewardship Advisory Commission of 9/1; Historic Preservation Commission of 8/20; Human Rights Commission of 7/13; Transit Board of 8/13; Zoning Advisory Commission of 9/2; Library Board of Trustees Update from Meeting of August 27, 2009 Proofs of publication of City Council Proceedings of August 17, 25 and 26, 2009 and List of Claims and Summary of Revenues for Month Ended July 31, 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Progressive Classic Insurance Company a/s/o Paul Olson for vehicle damage; Accident Fund Insurance Company a/s/o Barbara Frondsen for personal injury; Joe Frederick 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: Jennifer Maddux for personal injury; Molly Freiburger for vehicle damage; Karin Campbell for vehicle damage. Upon motion the documents were received and filed and concurred. Historic Preservation Commission: Communication from Eli Licht submitting his resignation from the Historic Preservation Commission. Upon motion the documents were received and filed and the resignation accepted. Greyhound Park Road and Admiral Sheehy Drive – Plats: City Manager recommending approval of the plats of Greyhound Park Road and Admiral Sheehy Drive. Upon motion the documents were received and filed and Resolution No. 341-09 Approving plat of Lot A in the th southwest quarter of Fractional Section 17, Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County, Iowa; Resolution No. 342-09 Approving plat of Lot A in the th northeast quarter of Fractional Section 19, Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County, Iowa; and Resolution No. 343-09 Approving plat of Lot A in th the southeast quarter of Fractional Section 18, Township 89 North, Range 3 east of the 5 P.M. in City of Dubuque, Dubuque County, Iowa, were adopted. State Energy Program Application: City Manager recommending support of the State Energy Program Application submitted to the Iowa Office of Energy Independence for the Multi-Cultural Family Center. Upon motion the documents were received, filed, and approved. Fiscal Year 2009 Annual Plan Amendments #6 and #7: City Manager recommending approval of amendments to the Fiscal Year 2009 Action Plan to reallocate funding for the Community Development Block Grant Recovery (CDBG-R) funds, Community Development Block Grant (CDBG) and Homelessness Prevention and Rapid Re-Housing Program (HPRP). Upon motion the documents were received and filed and Resolution No. 344-09 Approving the Fiscal Year 2009 Annual Action Plan Amendment #6 and #7 for the Community Development Block Grant Recovery, Community Development Block Grant and Homelessness Prevention and Rapid Re-Housing Program funds was adopted. Homelessness Prevention and Rapid Re-Housing Program (HPRP) Agreement with Project Concern: City Manager recommending approval of an agreement with Project Concern, Inc. for the Homelessness Prevention and Rapid Re-Housing Program in the amount of $502,294. Upon motion the documents were received and filed and Resolution No. 345-09 Authorizing execution of an agreement with Project Concern, Inc. for the Homelessness Prevention and Rapid Re-Housing Program (HPRP) was adopted. Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the Consolidated Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2008 through June 30, 2009, which is required by the regulations governing the Community Development Block Grant (CDBG) Program. Upon motion the documents were received and filed and Resolution No. 346-09 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2008 and concluding June 30, 2009 was adopted. Fiscal Year 2009 Street Finance Report: City Manager recommending approval of the City of Dubuque’s Fiscal Year 2009 Street Finance Report for submittal to the Iowa Department of 2 Transportation. Upon motion the documents were received and filed and Resolution No. 347- 09 Approving the City of Dubuque Fiscal Year 2009 Street Finance Report was adopted. PEG Capital Grant Expenditure: City Manager recommending approval of the Cable TV Tele-Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to the City of Dubuque for $3,874.79 to run audio and video cables to enable live and recorded telecasts from the historic section of the Carnegie-Stout Public LibraryUpon motion the documents were . received, filed, and approved. Rebuild Iowa Office (RIO) Smart Growth Green Paper: City Manager recommending approval of a City of Dubuque position statement on the Rebuild Iowa Office Smart Growth Green Paper, entitled: Recovering from the Storms, Planning for the Future: A Safer, Smarter, Stronger Iowa. Upon motion the documents were received, filed, and approved. Historic Millwork District (HMD) Bike and Pedestrian Facilities: City Manager recommending approval of the submission of a Statewide Transportation Enhancements Grant Application and a Federal Recreational Trails Grant Application for the Historic Millwork District Bike and Pedestrian Facilities. Upon motion the documents were received and filed and Resolution No. 348-09 Approving submittal of a Statewide Enhancement Grant Application to the Iowa Department of Transportation for Historic Millwork District Bike and Pedestrian Facilities Project and Resolution No. 349-09 Approving submittal of a Federal Recreational Trails Grant Application to the Iowa Department of Transportation for Historic Millwork District Bike and Pedestrian Facilities Project were adopted. Plat of Survey – Bonson and Stewart’s Subdivision: Zoning Advisory Commission recommending approval of the Plat of Survey of Lot E in the Bonson and Stewart’s Subdivision. Upon motion the documents were received and filed and Resolution No. 350-09 Approving a plat of survey of Bonson and Stewart’s Subdivision Lot E in the City of Dubuque, Iowa, was adopted. Office of the City Assessor: Communication from Richard A. Engelken, City Assessor, advising that the Board of Review has five appeals before the Property Assessment Appeal Board in Des Moines and three appeals before the Iowa District Court. Upon motion the documents were received and filed. Request to Purchase City Property: Communication from David W. Leifker, representing Raymond E. Tarkett, requesting to purchase a portion of the City alley which bisects his property. Upon motion the documents were received, filed, and referred to the City Manager. Housing Trust Fund Grant Application: City Manager recommending approval of the submission of a Housing Trust Fund Grant Application to the Iowa Finance Authority in the amount of $157,250 for continued support of homeownership activities in the Washington Neighborhood. Upon motion the documents were received and filed and Resolution No. 351- 09 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted. Certificate of Completion – Malay Holdings, LLC – Vanguard: City Manager recommending approval of the issuance of a Certificate of Completion for Malay Holdings, LLC in the 3 Dubuque Industrial Center West acknowledging completion of their obligations to construct Minimum Improvements as stipulated in the Development Agreement. Upon motion the documents were received, filed, and approved. Iowa Clean Air Attainment Program (ICAP) Application: City Manager recommending approval of the submission of a $500,000 Department of Transportation ICAP grant application for the purchase of one Medium Duty Hybrid bus and the creation of a bus route that serves the area around the hospitals and medical centers. Upon motion the documents were received and filed and Resolution No. 352-09 Authorizing an application for funding from the Iowa Clean Air Attainment Program for the purchase of one Medium Duty Hybrid bus and the creation of a bus route that serves the area around the hospitals and medical centers was adopted. Transmittal of GIS Data to FEMA Regarding DFIRM: City Manager recommending approval of the submission of a letter to FEMA requesting revision of the proposed boundary delineations on the preliminary DFIRM based on the GIS shape file prepared by HDR. 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. 353-09 Granting the issuance of one new permit to sell cigarettes and cigarette papers; Resolution No. 354-09 Granting the issuance of a Class “B” Beer Permit to Happy Joe’s and a Class “C” Beer Permit to Phillips 66/Arby’s and Hy-Vee Gas #2; and Resolution No. 355-09 Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Hilton Garden Inn; Class “C” Beer/Liquor License to Angie’s Bar, A & B Tap, Happy’s Place, The Grand Tap, Fat Tuesday’s, Loras College, Red Robin Burgers and Grand River Center; and a Class “WBN” Native Wine Permit to Gotta Have It were adopted. International Business Machines – Joint Development Agreement: City Manager recommending approval of a Joint Development Agreement between International Business Machines (IBM) and the City of Dubuque as authorized by the City Council on September 17, 2009. 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. Seconded by Voetberg. Motion carried 6-0. Dubuque Ice and Recreation Center, Inc. (DICE) – Development Agreement and Lease Agreement: This item was removed from the agenda. McEvoy Street – Alley Vacate: City Manager recommending that a public hearing be set for October 5, 2009 to consider a request from Laura Skelton for the vacation and disposal of an alley adjacent to 35 McEvoy Street. Upon motion the documents were received and filed and Resolution No. 356-09 Resolution of intent to vacate and dispose of City interest in Lot B and Lot I of Bonson and Stewart’s Subdivision in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 2009 in the Historic Federal Building. 4 2009 Cured-in-Place (CIPP) Lining Project: City Manager recommending that the bid received for the 2009 Cured-in-Place (CIPP) Lining Project be rejected and to re-initiate the public bidding procedure and setting a public hearing for October 5, 2009. Upon motion the documents were received and filed and Resolution No. 357-09 Rejecting bids for the 2009 Cured-in-Place Lining Project; and Resolution No. 358-09 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 were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 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: Historic Preservation Commission: One 3-year term through July 1, 2011 – Langworthy Historic District (Interim Term of Licht). Applicant: David Klavitter, rd 1090 West 3 Street - Qualifies for Langworthy Resident Commissioner. Mr. Klavitter spoke in support of his appointment. Appointments to the following Boards/Commissions: Environmental Stewardship Advisory Commission: One 3-year term through October 1, 2012 (Term of Gayle (Gross) Walter). Applicant: Gayle (Gross) Walter, 1650 Alicia Street. Motion by Lynch to appoint Gayle Walter to the Environmental Stewardship Advisory Commission for a 3-year term through October 1, 2012. Seconded by Braig. Motion carried 6-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 2494 Pearl Street – Request to Rezone: Proof of publication on notice of public hearing to consider a request from Tim McDonald to rezone property located at 2494 Pearl Street from R- 1 Single-Family Residential District to R-2 Two-Family Residential District and Zoning Advisory Commission recommending denial. Motion by Jones to receive and file the documents and concur with the denial. Tim McDonald, 8188 Southern Hills Circle, spoke in support of the rezoning. Planning Services Manager Laura Carstens provided a staff report. Zoning Advisory Commission Vice Chairperson Charles Miller spoke on behalf of the Commission. Kevin DeMoss, 2486 Pearl; and Irvin Nauman, 2464 Pearl Street, spoke in opposition to the request. Motion carried 6-0. 400 Block of Lincoln Avenue – Request to Rezone: Proof of publication on notice of public hearing to consider a request from Michelle Mihalakis to rezone property located in the 400 block of Lincoln Avenue (Parcel #10-24-211-011) from R-2A Alternate Two-Family Residential District to OR Office Residential District and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Michelle Mihalakis, 2545 Jackson Street, spoke in support of the request. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. 5 Motion by Jones for final consideration and passage of Ordinance No. 47-09 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located in the 400 block of Lincoln Avenue from R- 2A Alternate Two-Family Residential District to OR Office Residential District. Seconded by Voetberg. Motion carried 6-0. Unified Development Code: Proof of publication on notice of public hearing to consider adoption of the Unified Development Code – Articles 1 through 15 and Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and consider a first reading of a proposed ordinance establishing Title 16, Unified Development Code for the City of Dubuque, Iowa, in accordance with the provisions of the Code of Iowa and for the repeal of all ordinances in conflict herewith. Seconded by Lynch. Planning Services Laura Carstens provided a staff report. Assistant City Attorney Tim O’Brien responded to questions from City Council Members. Motion carried 6-0. 40 Main, LLC: Proof of publication on notice of public hearing to consider the vacating of a portion of Jones Street and the adjacent alley north of Jones Street behind 42, 44 and 48 Main Street and City Manager recommending approval. Proof of publication on notice of public hearing to consider disposition of real estate by Real Estate Contract with 40 Main, LLC and City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 359-09 Vacating Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 360-09 Disposing of the City’s interest in Lot 1 of 10A, Lot 1 of 12A and Lot 1 of 17A all in the west half of Block 1 and Lot 1 of 1A in the west half of Block 10 in Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Voetberg. Chris Miller, 3211 North Cedar Court, spoke in support of the request. Motion carried 6-0. West End Commercial Subdivision: Proof of publication on notice of public hearing to consider a request from Tschiggfrie Excavating Company to vacate and dispose of the final plat of West End Commercial Subdivision and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 361-09 Vacating the final plat of West End Commercial Subdivision and Resolution No. 362-09 Disposing of City interest in Lot A and Lot B in West End Commercial Subdivision in the City of Dubuque, Dubuque County, Iowa. Seconded by Lynch. Motion carried 6-0. Fiscal Year 2010 First Budget Amendment: Proof of publication on notice of public hearing to consider the first amendment to the Fiscal Year 2010 budget and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 363-09 Approving Amendment No. 1 to the Fiscal Year 2010 budget for the City of Dubuque. Seconded by Braig. Motion carried 6-0. General Obligation Bonds: Proof of publication on notice of public hearing to consider the issuance of not to exceed $3,000,000 General Obligation Bonds to be used for various projects and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 364-09 Instituting proceedings to take additional action for the issuance of not to exceed $3,000,000 General Obligation Bonds. Seconded by Resnick. Responding to questions from the City Council, Budget Director Jenny Larson stated that the 6 City’s bond rating is very stable, and it will be reviewed with this issuance. City Manager Van Milligen stated that the City’s bond rating was upgraded in 2003. Motion carried 6-0. General Obligation Urban Renewal Bonds: Proof of publication on notice of public hearing to consider the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds for costs associated with the construction of a multi-story public parking ramp located at 5th and Bluff Streets, and the construction of street, sewer, sidewalk, trail and other public infrastructure improvements within Dubuque Industrial Center West and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 365-09 Instituting proceedings to take additional action for the issuance of not to exceed $13,500,000 General Obligation Urban Renewal Bonds. Seconded by Resnick. Motion carried 6-0. General Obligation Refunding Bonds: Proof of publication on notice of public hearing to consider the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds to pay costs of refunding and refinancing of certain City indebtedness and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 366-09 Instituting proceedings to take additional action for the issuance of not to exceed $9,500,000 General Obligation Refunding Bonds. Seconded by Braig. Motion carried 6-0. Port of Dubuque Parking Ramp Concrete Crack Repair Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Port of Dubuque Parking Ramp Concrete Crack Repair Project and City Manager recommending approval and award of the contract to Ram Construction Services of Minnesota LLC., in the amount of $213,900.00. Motion by Jones to receive and file the documents and adopt Resolution No. 367-09Approving plans, specifications, form of contract, and estimated cost for the Port of Dubuque Parking ramp Concrete Crack Repair Project. Seconded by Voetberg. Motion carried 6-0. Motion by Jones to table the award of the public improvement contract for the Port of Dubuque Parking Ramp Concrete Crack Repair Project to September 23, 2009 at 5:00 p.m. in th Conference Room A in City Hall, 50 West 13 Street. Seconded by Voetberg. Motion carried 6-0. Heeb Street Retaining Wall Reconstruction Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Heeb Street Retaining Wall Reconstruction Project and City Manager recommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 368-09 Approving plans, specifications, form of contract, and estimated cost for the Heeb Street Retaining Wall Reconstruction Project. Seconded by Jones. Motion carried 6-0. thth Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract thth and estimated cost for the Traffic Signal Mastarm Retrofit – Central Avenue at 5 and 7 Streets Project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 369-09 Approving plans, specifications, form of th contract, and estimated cost for the Traffic Signal Mastarm Retrofit – Central Avenue at 5 and th 7 Streets Project. Seconded by Braig. Traffic Engineer Dave Ness provided an explanation of the need for this project. Motion carried 6-0. 7 Salt Dome Conveyor Project: Proof of publication on notice of public hearing to consider the plans, specifications, form of contract and estimated cost for the Salt Dome Conveyor Project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 370-09 Approving plans, specifications, form of contract, and estimated cost for the Salt Dome Conveyor Project. Seconded by Braig. Public Works Director Don Vogt provided an explanation of the need for this project. Motion carried 6-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Pet Park: City Manager submitting the Park and Recreation Commission’s recommendation on resolution of the Pet Park issue and requesting City Council direction. Communications from Leora Bemboom, John Lau and Roger Ruden (with CD) regarding the dog park issue. Communication from Toni Kretschmer requesting that Nancy Stecklein be allowed to address the City Council regarding the dog park issue. Motion by Jones to receive and file the documents, adopt and concur with recommendations of the Park and Recreation Commission to develop a pet park at the Thermo-Fischer Scientific and Roosevelt Park sites, work on the future Human Society site, and to maintain the present North Grandview Avenue site in its present form. Seconded by Braig. Mayor Pro-Tem Connors allowed limited citizen input. Nancy Stecklein, 2360 Clarke Crest Drive, spoke in support of keeping the pet park open. Peggy Stover, 1145 Locust Street, spoke in favor of the additional sites and presented a petition in support of keeping the pet park open. Leisure Services Manager Gil Spence stated that user fees have not been considered but could be if directed by the City Council. Motion carried 5-1 with Voetberg voting nay. Advertisement for Sale of Bonds: City Manager recommending approval of the advertisement for the sale of Bond Series 2009A, 2009B and 2009C, approval of the electronic bidding procedures and the form of notice of sale, and authorize a preliminary official statement to be completed and distributed in connection with the offering of the bonds for sale. Motion by Lynch to receive and file the documents and adopt Resolution No. 371-09 Directing the advertisement for sale of $2,935,000 General Obligation Bonds, Series 2009A, $11,175,000 General Obligation Urban Renewal Bonds, Series 2009B and $9,500,000 General Obligation Refunding Bonds, Series 2009C, and approving electronic bidding procedures. Seconded by Braig. Motion carried 6-0. Bicycle Ordinance Provisions: City Manager recommending approval of an ordinance related to the regulation of bicycles which was inadvertently left out of the most recent Code of Ordinances update from Sterling Codifier. Motion by Braig to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-0. Motion by Braig for final consideration and passage of Ordinance No. 48-09 Amending the City of Dubuque Code of Ordinances by adopting Article 7, Chapter 7 related to the registration, rules, and regulations for operation of bicycles within the City of Dubuque. Seconded by Jones. Motion carried 6-0. 8 National League of Cities: Communication from the National League of Cities requesting the designation of a voting delegate and alternate for the upcoming NLC Conference. Motion by Lynch to receive and file the documents with consensus designating Mayor Buol and Council Member Voetberg as voting delegates and Council Members Connors and Lynch as alternates. Seconded by Braig. Motion carried 6-0. COUNCIL MEMBER REPORTS City Attorney Lindahl provided the definition of a bicycle from the Iowa State Code, which the City complies with. Connors acknowledged the positive community leadership and good local/national press that Dubuque has recently received. PUBLIC INPUT Joe Jacobsmeier, 1343 Loras Blvd., invited Council Members and citizens to attend the dedication of the Veteran’s Memorial on Chaplain Schmitt Island on November 11. There being no further business, upon motion the City Council adjourned at 8:52 p.m. /s/Jeanne F. Schneider, CMC City Clerk 1t 9/30 9