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11 9 16 Clerk's Skeleton Notes and Meeting CallCITY COUNCIL SPECIAL SESSION, NOVEMBER 16, 2009 COUNCIL MET IN SPECIAL SESSION AT 5:00 P.M. IN THE HISTORIC FEDERAL BUILDING Y / ` /, s'" `~ PRES NT: MAY R 13~UOL, COUNCIL MEMBERS BRAIG, CONNORS, JONES, LYNCH, RECK, VO~fBERG / CITY MANAGER VAN ILLIGEN; CITY ATTORNEY LINDAHL ABSENT: Mayor ~Buol read the call and stated this is a special session of the City Council to conduct a work session regarding the Transit Study. Motion to adjourn at ~'~~ Ayes Nays ~ Jones L~ ch ~ Resnick ./~Voetberg Braig ~~uol Connors %av~~~ ~ ~ r, ~~~ c.~4~1 ~ aa~ H' _,~~~~~ ~ ~~d ~~1~~~ ~ ~ ~r~~u~ ~If~ ~ r'~~ r^ L%~ ~~ ~ ~~~J /~~~ _ ~~ , /~- '~~~{~'`G_~_ ~s _ _~ ~/, ~ ~ ~~~~~ _ ~~__ _~__ _-~ ___~____----~-___~_~___.-a__~-------_____~_~_~__~~______-_-~-~~~.~~___-- ,, ~~` ~~ ~~ - -- -_ -~ ___ __ ~_____ _ __-- ~___~.~ ___ n~ ~~_ _. ___ __ _ __ ~~___ . `~~' ~% -_~_. ~_~..- - - ~i _ - _f~~~.~ .~~ ~ -- ~__ .~~~~~~~~-. ~ _ _ 1, ~~ ~ ;~~ G~ '~~ ~~~~~ ~~~ ~~~ 'l'~ Cil/ Zi ~ Gam/ ~/ G~G~L/[~~-C/ C4Y i~Y"~'~/ ~ `94''x/ ~I~ i~~ ~iZ~'9~ _ ~ ~~ ~, _-___ ' _.. _._ _.__y ---C z~ --~ _~i' ~. -- _ __~~ ____~._u ~-~_ _- _ ____~__~_ ~v ~_r~____ - ~---_ __ t Y __- _T-_~_ --- ~~ ~- --- ~'- _ ~~' ~~~~ ~_,--~_ _.__-- --~- -- _ - -- j --_- - _, _ . -- - - ~~SJ" _ r'L~~ =-` ~! "" '~-~ /~~Z.l----.-_~ ___.-~~_.f 1~L.,_ <~/ L ~-C -`/I~~Zici / __. - _ __.~~. ~i ~/ ,~__ --J ~~ ~~ ~ `~ G~~ ~~ ~~ C~ - ,~-~~~ CITY COUNCIL REGULAR SESSION,,NOVEMBER 16, 2009 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING ; r PRESE '~: MAYO - ~ L, COUNCIL MEMBERS~RAIG, C NNORS, J ES, LYNCH, RESN~K, VOET~RG ; ; CITY MANAGER VAN/MILLIGEN; CITY ATTORNEY ~NDAHL ABSENT: 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 Associate Pastor Diane Mitchell, St. Luke Methodist Church PRESENTATIONS Presentation of Dubuque Main Street Awards r~ Presentation of the Iowa Chapter/America Planning Association Award for Historic Millwork District Master Plan ~~ p ~H~ ju P~ ~ ,~ ~,t~ ~V ~~;~~~ 2 1. 2. CONSENT ITEMS A~s Jones esnick oetberg / Braig /~ Buol ,~ Connors Minutes and Reports Submitted Nays ~,~~ ~~~id Arts and Cultural Affairs Advisory Commission of 9/22; City Council of 11/2; Civil Service Commission of 10/16; City Conference Board of 1/28; Historic Preservation Commission of 10/22; Investment Oversight Advisory Commission of 10/28; Zoning Advisory Commission of 11/4; Zoning Board of Adjustment of 10/22 Investment Oversight Commission 66t" Quarterly Report Proofs of publication of City Council Proceedings of October 19, 2009 and List of Claims and Summary of Revenues for month ended September 30, 2009 Suggested Disposition: Receive and File Notice of Claims/Suits Michael Fitzpatrick for property damage; Geraldine M. Goodman for personal injury; John Bechen for vehicle damage; Lola Volkert for personal injury; Matthew G. Hurm for vehicle damage Suggested Disposition: Receive and File; Refer to 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: Michael Fitzpatrick for property damage; Geraldine M. Goodman for personal injury Suggested Disposition: Receive and File; Concur 3 3. Lower Bee Branch Creek Restoration Project City Manager recommending approval of an Environmental Information Document as a prerequisite for the use of state revolving loan funds (SRF) for the construction of the Lower Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Approve 4. Iowa 32 (Northwest Arterial) Capacity Improvements Project -Request for Proposals City Manager recommending approval of the issuance of a Request for Proposal (RFP) to seek qualified firms interested in providing street and utility engineering design, geotechnical investigation and testing for the improvements along IA 32, from US 20 to John F. Kennedy Road. Suggested Disposition: Receive and File; Approve 5. Kephart Building -Roof Replacement Project City Manager recommending acceptance of the Kephart Building -Roof Replacement Project as completed by Giese Roofing Company in the final contract amount of $81,107.00. RESOLUTION Accepting the Kephart Building Roof Replacement Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 6. Mines of Spain Exhibit and Educational Program Consultant City Manager recommending approval of the selection of Experience Design and direct City staff to negotiate a contract with the firm for the Mines of Spain Interpretive Exhibit and Education Program. Suggested Disposition: Receive and File; Approve Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 4 7. Digital Flood Insurance Rate Map (DFIRM) City Manager recommending approval of a letter to the Federal Emergency Management Agency requesting changes to the Digital Flood Insurance Rate Map (DFIRM) and stating that the City of Dubuque will not provide additional GIS data requested by FEMA for the North End. Suggested Disposition: Receive and File; Approve 8. REAP Grant Agreement -Iowa 32 Bike /Hike Trail -Phase 3 City Manager recommending approval of a $200,000 Fiscal Year 2010 REAP grant agreement for installation of Phase 3 of the Iowa 32 Bike/Hike Trail. RESOLUTION ~'y Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for Iowa 32 Bike /Hike Trail -Phase 3 Suggested Disposition: Receive and File; Adopt Resolution 9. Purchase of Property - 347 East 19t" Street City Manager recommending approval of the purchase of a single family home located at 347 East 19t" Street which has been in serious disrepair for a number of years. RESOLUTION ~ ~~ Approving the acquisition of real estate located at 347 East 19t" Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 10. Sale of Property - 351 East 15t" Street City Manager recommending approval of the sale of a single family residence located at 351 East 15t" Street. RESOLUTION ~~~ Approving the sale of real estate located at 351 East 15t" Street, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 5 11. Utility Easement for Industrial Tech Building City Manager recommending approval of an easement that would allow Alliant to extend electrical lines and install a transformer to provide electrical service to the Spec Building in the Dubuque Industrial Center West owned by Spiegel Family Realty. RESOLUTION ~~~ Disposing of an interest in real property by easement to Interstate Power and Light Company Suggested Disposition: Receive and File; Adopt Resolution 12. Historic Preservation Commission -Fifth and Bluff Street Parking Ramp Historic Preservation Commission transmitting the HPC's comments and recommendations on the proposed parking ramp located at the corner of Fifth and Bluff Streets, located in the Cathedral Historic Preservation District. City Manager recommending that the City Council take no action at this time regarding the Fifth and Bluff Street Parking Ramp as staff continues to evaluate options based on available funding. Suggested Disposition: Receive and File 13. Floodwall Levee Slope Stabilization Project City Manager recommending acceptance of the Floodwall Levee Slope Stabilization Project as completed by Eastern Iowa Excavating and Concrete LLC in the final contract amount of $224,617.91. RESOLUTION ~~~~ Accepting the Floodwall Levee Slope Stabilization Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution ~~ ~ye /~/ c/ Nays Jones ~h Resnick ~; / ~ Voetberg Braig Buol / Connors 6 14. Supplement #1 -Code of Ordinances City Manager recommending approval of Supplement #1 to the City of Dubuque Code of Ordinances. RESOLUTION ~ Adopting Supplement #1 to the Code of Ordinances of the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 15. I-JOBS Water Quality Fund Application -Lower Bee Branch Restoration Project City Manager recommending approval of the submittal of a $7,000,000 grant application to the Iowa Finance Authority for I-JOBS Water Quality Fund money for the restoration of the Lower Bee Branch. Suggested Disposition: Receive and File; Approve 16. I-JOBS Water Quality Fund Application -Water Pollution Control Plant Replacement Project City Manager recommending approval of the submittal of a $5,000,000 grant application to the Iowa Finance Authority for I-JOBS Water Quality Fund money for the replacement of the Water Pollution Control Plant. Suggested Disposition: Receive and File; Approve 17. Coalition for Various Telecommunication Filings City Manager recommending approval of committing up to $10,000 to join a coalition of communities to pool resources for various telecommunications filings anticipated in the coming months. Suggested Disposition: Receive and File; Approve Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 7 18. Center for Energy and Environmental Education (CEEE) Communication to Kamyar Enshayan, Director -Center for Energy and Environmental Education, expressing the City's commitment to partner with the University of Northern Iowa's CEEE and, if possible, to host a 2010 Green Iowa AmeriCorps program in Dubuque starting in the fall of 2010. Suggested Disposition: Receive and File 19. Mediacom Communication from Lee Grassley, Mediacom, advising of channel changes which supersede the changes outlined in his letter dated October 23, 2009. Suggested Disposition: Receive and File 20. Iowa Department of Public Health (IDPH) Childhood Lead Poisoning Prevention Program (CLPPP) City Manager recommending approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health (IDPH) for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the VNA for services related to the CLPPP Suggested Disposition: Receive and File; Approve 21. Civil Service Commission Civil Service Commission submitting the Certified List for the position of Medical Officer. Suggested Disposition: Receive and File; Make a Matter of Record 22. Human Rights Commission Communication from Gretel Winterwood, 1555 Montrose Terrace, advising that she will not be re-applying for a position on the Human Rights Commission. Suggested Disposition: Receive and File Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 8 23. Abstract of Votes Dubuque County Board of Supervisors submitting the Abstract of Votes for the General Election held the 3~d day of November, 2009. Suggested Disposition: Receive and File 24. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION ~~~ Granting the issuance of a Class "B" Beer Permit to Jane's Indoor Party and Play Center and a Class "C" Beer Permit to Plaza 20 Amoco RESOLUTUION ~~ Granting the issuance of a Class "B" (Hotel/Motel) Liquor License to Grand Harbor Resort/Water Park and Hotel Julien Dubuque; a Class "C" Beer/Liquor License to Q and Bridge Restaurant; and a Special Class "C" Liquor License to Cookin Something Up Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 9 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. 2. /A Y Jones ~' / Resnick /' /~ Voetberg Braig Buol Connors General Obligation Urban Renewal Bonds Nays City Manager recommending that a public hearing be set for December 7, 2009 to consider approval of the issuance of not to exceed $6,000,000 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. RESOLUTION ~~~ Fixing date for a meeting on the proposition of the issuance of not to exceed $6,000,000 General Obligation Urban Renewal Bonds (for Urban Renewal purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 12/7/09 North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project - Phase III City Manager recommending initiation of the bidding process for the North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project -Phase III and that a public hearing be set for December 7, 2009. RESOLUTION ~~.~ 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 North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project - Phase III Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 12/7/09 10 "I BOARDS/COMMISSIONS ~D Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions; applicant appointments will be made at the next City Council meeting, Mississippi River Partnership Council One 3-year term through December 31, 2012 Applicant: Anthony Allen, 575 Almond Street ~ Edward Cawley, 598 Needham Street i Kenneth Oglesby, 990 W. 32"d Street / Walt Webster, 3509 Asbury Road -~ ~,(~ ~` Plumbing Board One 3-year term through November 2, 2012 (At-large term of Harris) Applicant: Daniel Harris, 998 Indian Ridge Transit Board of Trustees One 3-year term through July 30, 2011 (Term of Curtis) Applicant: Thomas Croissant Jr., 444 Angella Street #8 11 PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. SUSPEND THE RULES ye Jones L esnick / Voetberg ~ ' Braig Buol / ~ Connors 1. Request to Rezone -Commerce Park Nays ~v ~~ Proof of publication on notice of public hearing to consider a request from Joel Callahan to rezone property located at Commerce Park from CS Commercial Service and Wholesale District to R-4 Multi-Family Residential District and Zoning Advisory Commission recommending denial. ORDINANCE ~~ Amending the Unified Development Code by reclassifying hereinafter described property located at Commerce Park from CS Commercial Service and Wholesale District to R-4 Multi-Family Residential District Suggested Disposition: Receive and File; Concur with Denial or Motion B; Motion A (Super Majority Vote) Suspend the Readings Final Reading and Adopt Aye Nays Ay s Nayes Jones ~ ,~ Jones ,~" R k ~ ~i // ~ Resnick ,/Voetberg 1 ~ Voetberg nn ~~,, Braig ~, /fir ~ ~ Braig / ; Buol ~' Buol ~) Connors /~`)Connors ~µ~~J ~~~~ ~.~°`""~ ~e~,~~ 12 REINSTATE THE RULES This action limits discussion to the City Council. Ay,~s Nays ~~ Jones ~~~ J Resnick / Voetberg / ~" Braig / Buol Connors ~ , ACTION ITEMS These are items where discussion is held by the City Council -public comments are not allowed except as authorized by the Mayor. 1. Every Child /Every Promise Chad Chandlee, Every Child /Every Promise Board Chair, to introduce Executive Director Nancy Keedy. Suggested Disposition: Receive and File ~ye ; Nays Jones ~~ Resnick ; ~/ Voetberg ~ ,/ Braig ~ ~ Buol / Connors ~, ~ ~~ , „~ ~` -~. 13 V r~ ~~ C ~~~ ~ ' ~~~~~ ;,~~ . ,y ,~ I~~y~~~'`~~ ~~p~' ~~` v !~ ~" r~~ h ~V 4(~ ~~~ ~ J ,,, a~ ~~ ~~ ~~ M 4~~ ~~~ ~ ~> ~\~~~ ~~ ~~ ~~ ~G fh~°~,F y ~`"tl ~~ ~~ 2. Assistance Pool to Encourage Residential Housing in Downtown City Manager recommending that a pool of funds in the amount of $2.5 million be created to encourage new residential housing units in downtown Dubuque and that a Request for Proposals be solicited from developers who are interested in renovating existing structures in the downtown. RESOLUTION ~ Approving the creation of an ass tac pool to encourage market-rate downtown rental and owner-occupied residential un' in the Greater Downtown Urban Renewal District and authorizing the City Manager to solicit proposals for projects to create such units Suggested Disposition: Receive and File; Adopt Resolution r j yes Nays Jones ~ ` , ~' ~ Resnick Voetberg .~ Braig j Buol /~/Connors . ,~~ ~~ 3. Port of Dubuque - Riverfront Marina Project City Manager recommending approval to locate an additional 43 transient boat slips (25 existing + 43 additional for a net total of 68 transient slips) with amenities as outlined in the City's grant proposal for the Port of Dubuque - Riverfront Marina Project. ~ Suggested Disposition: Receive and File; Approve ~~ ~~~~~ i G~'M~ P ~'~'4~~ P" aR~ oi~' yes Jones Lynch Resnick Voetberg,~ Braig / Buol ~J Connors 14 ~~/~yA ~~1~ . ~`~~ 4. Washington Neighborhood Guidelines and Funding Sources City Manager recommending approval of proposed revisions to the financial incentives program promoting Washington Neighborhood homeownership. Suggested Disposition: Receive and File; Approve Ayes Nays ~ ~ -/ Jones ~" Resnick (/`_ / i Voetberg / ~ ~ Brai 1 g Buol / Connors 5. Acquisition of Property at Corner of South Grandview Avenue and Rockdale Road City Manager recommending acceptance of a donation from Mark Falb to acquire property at the corner of South Grandview and Rockdale Road for development of a passive park. Suggested Disposition: Receive. and File; Approve Qye !/ ~ Jones /` , ~~ f - /~j~ Resnick Voetberg / . Braig / Buol Connors Nays 15 ~~b ~' 6. Mailboxes in City Right-of-Way City Manager recommending approval of actions to be taken to address the existing unauthorized structures in the City right-of-way, including an amendment to the Code of Ordinances prohibiting any future mailbox structures or other encroachments of a non- breakaway design. ORDINANCE ~"%~ Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments on Public Places, by adopting a new Article F, Mailboxes, Establishing Standards for Mailboxes in Public Rights-of-Way Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Final Reading and Adopt Ayes Nays ~yye Nayes ,/ ~~) Jones / Jones V ~~~ Resnick ~ Resnick /-' ~. Voetberg ~ Voetberg j~Braig /~ Braig .-Buol Buol Connors Connors 16 7. Shot Tower Rehabilitation -Phase I City Manager recommending award of the public improvement contract for the Shot Tower Rehabilitation - Phase I Project to Building Restoration Corporation in the amount of $444,369. ' ~~ll G~~ . RESOLUTION '~7 blic i ovement contract for the Shot Tower Rehabilitation - Phase I Project j~ D (~ Suggested Disposition: Receive and File; Adopt Re ution ~~ ,~,,.~4,yes Nays /' Jones ~` Resnick ~ ~ ~~Voetberg ~/ Braig ,/ . ~ Buol / ~ Connors 8. Dubuque Racing Association Communication from the Dubuque Racing Association Board of Directors requesting a ointment of re resentatives to the DRA Board of Directors for 2009 current) Ma or pp p ~ Y Y Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van Milligen). Suggested Disposition: Receive and File; Council Appointment Ayes Jones r/ '~' v' Resnick Voetberg ~ ~ Braig ~~ Buol Connors Nays FC G 17 9. State of Iowa Legislative Priorities - 2010 Session City Manager recommending approval of the State of Iowa Legislative Priorities for the 2010 session. Suggested Disposition: Receive and File; Approve Ayes ~ Jones f lh Resnick / ~ Voetberg /~ , Braig f ,,, Buol / Connors COUNCIL MEMBER REPORTS PUBLIC INPUT Nays At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition -Chapter 21.5(1)(c)Q) Code of Iowa Motion to go into Closed Session at ~` y~ Aye ,/ ~ Jones / . / Resnick / Voetberg ~/ ' : Braig Buol / ~ onnors Nays 18 Motion to adjourn at l ' ~ ~ Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 19