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11 16 09 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 16, 2009 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Lynch 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 Associate Pastor Diane Mitchell of St. Luke Methodist Church. PRESENTATIONS Dubuque Main Street Executive Director Dan LoBianco presented the agency’s Excellence in Downtown Development awards to the City for Best Public/Private Improvement for the Port of Dubuque Parking Ramp, Best Business Improvement Success Story for IBM, Best Design/Education Preservation Initiative for the Downtown Design Guidelines, Best Community- Initiated Development for the Historic Millwork District, and the Best Total Building Rehabilitation for the Step-by-Step Project. Planning Services Manager Laura Carstens presented the Iowa Chapter of the America Planning Association’s 2009 Planning Excellence award for Innovation in Best Practices for Sustainability for the Historic Millwork District Master Plan. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Resnick requested (#12) Historic Preservation Commission – Fifth and Bluff Street Parking Ramp be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: 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 th Investment Oversight Commission’s 66 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 Upon motion the documents were received and filed. 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. 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: Michael Fitzpatrick for property damage; Geraldine M. Goodman for personal injury. Upon motion the documents were received and filed and concurred. 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. Upon motion the documents were received, filed, and approved. Iowa 32 (Northwest Arterial) Capacity Improvements Project – Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals (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. Upon motion the documents were received, filed, and approved. 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. Upon motion the documents were received and filed and Resolution No. 433-09 Accepting the Kephart Building Roof Replacement Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 433-09 ACCEPTING THE KEPHART BUILDING ROOF REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Kephart Building Roof Replacement Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Kephart Building Improvements appropriation for the contract amount of $81,107.00 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 16 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE KEPHART BUILDING ROOF REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Kephart Building Roof Replacement Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $81,107.00. th Dated this 12 day of November, 2009. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 12 day of November, 2009. Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the documents were received, filed, and approved. 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. Upon motion the document were received, filed, and approved. 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. Upon motion the documents were received and filed and Resolution No. 434-09 Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for the Iowa 32 Bike/Hike Trail – Phase 3 was adopted. RESOLUTION NO. 434-09 AUTHORIZING REAP GRANT AGREEMENT WITH IOWA DEPARTMENT OF NATURAL RESOURCES FOR IOWA 32 BIKE/HIKE TRAIL - PHASE 3 Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for the development of bike/hike trails; and Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan that includes goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that includes the Iowa 32 Bike/Hike Trail (Phase 3) as a High Priority project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the agreement with the Iowa Department of Natural Resources for REAP funds for the Iowa 32 Bike/Hike Trail - Phase 3. Section 2. That the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. th Passed, approved and adopted this 16 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk th Purchase of Property – 347 East 19 Street: City Manager recommending approval of the th purchase of a single family home located at 347 East 19 Street which has been in serious 3 disrepair for a number of years. Upon motion the documents were received and filed and th Resolution No. 435-09 Approving the acquisition of real estate located at 347 East 19 Street in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 435 - 09 TH APPROVING THE ACQUISITION OF REAL ESTATE LOCATED AT 347 EAST 19 STREET, IN THE CITY OF DUBUQUE WHEREAS, the City of Dubuque intends to acquire and remove certain properties located in the Washington Neighborhood Revitalization Area; and WHEREAS, a purchase agreement has been finalized with the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally- described property: Westerly Eight (8) feet of Lot Twenty (20), the Easterly Seventeen (17) feet of the Southerly Sixty-nine (69) feet of Lot Twenty-one (21), and the Easterly Two (2) feet of the Northerly Forty (40) feet of the Westerly Twenty-eight (28) feet of the Southerly Sixty-nine (69) feet of Lot Twenty-one (21), all in East Dubuque, an Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof. At the cost of Thirty-eight thousand, nine hundred-seven dollars ($38 907.) Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque for the herein-described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. th Passed, approved and adoptedthis 16 day of November, 2009. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk th Sale of Property – 351 East 15 Street: City Manager recommending approval of the sale of th a single family residence located at 351 East 15 Street. Upon motion the documents were received and filed and Resolution No. 436-09 Approving the sale of real estate located at 351 th East 15 Street, in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 436-09 TH APPROVING THE SALE OF REAL ESTATE LOCATED AT 351 EAST 15 STREET, IN THE CITY OF DUBUQUE, IOWA th WHEREAS, the City acquired the property at 351 East 15 Street for the purpose of its rehabilitation and re-sale for owner-occupied housing; and WHEREAS, such purpose supports the Washington Neighborhood revitalization strategy as approved by the City Council; and WHEREAS, a qualifying home buyer has signed an offer to purchase and obtained financing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally- described property: 4 “Wm Reisen Place,” and Lot Two (2) of the South One-half (S ½) of Lot 147 East Dubuque Addition, in the City of Dubuque, County of Dubuque, Iowa, according to the recorded Plat thereof at the cost of Eighty-five thousand dollars ($85 000). Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty Deed to the buyer, conveying the City’s interest to Michelle Clemens for the herein-described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adoptedthis 16th day of November, 2009. Roy D Buol, Mayor Attest: Jeanne Schneider, CMC, City Clerk 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. Upon motion the documents were received and filed and Resolution No. 437-09 Disposing of an interest in real property by easement to Interstate Power and Light Company was adopted. RESOLUTION NO. 437-09 DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO INTERSTATE POWER AND LIGHT COMPANY WHEREAS, the City of Dubuque, Iowa (City) has an interest in the real property located in th the Dubuque Industrial Center West 5 Addition shown on “Easement Exhibit A” attached hereto (the Property); and WHEREAS, City and Interstate Power and Light Company (Interstate) has requested the City will grant the Utility Easement (the Easement) attached hereto on the Property to Interstate; and WHEREAS, on September 15, 2008, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and WHEREAS, the City Council has since sold said property on contract to Spiegel Family Realty. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City’s interest in the foregoing-described Property by Easement to Interstate Power and Light Company. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Easement. st Passed, approved and adopted this 16 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Historic Preservation Commission – Fifth and Bluff Street Parking Ramp: Historic Preservation Commission transmitting the HPC’s comments and recommendations on the 5 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. Motion by Resnick to receive and file the documents. Seconded by Jones. Motion carried 6-0. 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. Upon motion the documents were received and filed and Resolution No. 438-09 Accepting the Floodwall Levee Slope Stabilization Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 438-09 ACCEPTING THE FLOODWALL LEVEE SLOPE STABILIZATION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Floodwall Levee Slope Stabilization Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Fund appropriation for the contract amount of $224,617.91 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 16th day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Supplement #1 – Code of Ordinances: City Manager recommending approval of Supplement #1 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 439-09 Adopting Supplement #1 to the Code of Ordinances of the City of Dubuque was adopted. RESOLUTION NO. 439-09 ADOPTING SUPPLEMENT NO. 1 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. 6 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 1 of the Code of Ordinances of the City of Dubuque, Iowa, covering Ordinances 26-09, 30-09 through 35-09, 37-09 through 40-09, 43-09 through 46-09 and 48-09 passed by Council and enacted through September 21, 2009, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. th Passed, approved and adopted this 16 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the documents were received, filed, and approved. 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. Upon motion the documents were received, filed, and approved. 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. Upon motion the documents were received, filed, and approved. 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. Upon motion the document was received and filed. Mediacom: Communication from Lee Grassley, Mediacom, advising of channel changes which supersede the changes outlined in his letter dated October 23, 2009. Upon motion the document was received and filed. 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. Upon motion the documents were received, filed, and approved. Civil Service Commission: Civil Service Commission submitting the Certified List for the position of Medical Officer. Upon motion the document was received and filed and made a Matter of Record. 7 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. Upon motion the document was received and filed. Abstract of Votes: Dubuque County Board of Supervisors submitting the Abstract of Votes for rd the General Election held the 3 day of November, 2009. Upon motion the documents were received and filed. 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. 440-09 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; and Resolution No. 441-09 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 were adopted. RESOLUTION NO. 440-09 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “B” BEER PERMIT R2K Entertainments, LLC Jumpin’ Jane’s Indoor Party & Play 2055 Holliday Drive Center+(Sunday) CLASS “C” BEER PERMIT R Future, Inc. Plaza 20 BP/Amoco+(Sunday Sale) 2600 Dodge Street Passed, approved and adopted this 16th day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 441-09 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “B” (HOTEL/MOTEL) LIQUOR LICENSE Platinum Holdings, LLC Grand Harbor Resort/Water Park+(Sunday/Outdoor 350 Bell Street Sale) HJD Subtenant, LLC Hotel Julien Dubuque+(Sunday/Outdoor Sale) 200 Main Street 8 CLASS “C” BEER/LIQUOR LICENSE 920 Main DBQ, Inc. Q 920 Main Street Raysan Corp. Bridge Restaurant+(Sunday Sale) 31 Locust Street SPECIAL CLASS “C” LIQUOR LICENSE Cookin Something Up Cookin Something Up+(Sunday Sale) 1640 JFK Road Passed, approved and adopted this 16th day of November, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones 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. General Obligation Urban Renewal Bonds: 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 street, stormwater, sanitary sewer, water, fiber optic, parking and other public improvements in the Historic Millwork District and the funding of grants, loans and other financial assistance to private developers to assist in rehabilitation of existing buildings and construction of housing development projects in the Millwork District. Upon motion the documents were received and filed and Resolution No. 442-09 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 7, 2009 in the Historic Federal Building. RESOLUTION 442-09 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 WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Urban Renewal Bonds, to the amount of not to exceed $6,000,000, as authorized by Sections 403.12 and 384.24(3)(q), of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out the urban renewal projects as hereinafter described; and WHEREAS, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such Bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of the City to such action, and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, th Dubuque, Iowa, at 6:30 o'clock p.m., on the 16 day of November, 2009, for the purpose of taking action on the matter of the issuance of not to exceed $6,000,000 General Obligation 9 Urban Renewal Bonds, for urban renewal purposes of the City, the proceeds of which Bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Area, including those costs associated with the construction of street, stormwater, sanitary sewer, water, fiber optic, parking and other public improvements in the Historic Millwork District, and the funding of grants, loans and other financial assistance to private developers to assist in rehabilitation of existing buildings and construction of housing development projects in the Millwork District. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City, the publication to be not less than ten clear days before the date of the public meeting on the issuance of the Bonds. Section 3. The notice of the proposed action to issue the Bonds shall be in substantially the [provided] form. th Passed and approved this 16 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 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. Upon motion the documents were received and filed and Resolution No. 443-09 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 North Fork Catfish Creek Stormwater and Sanitary Sewer Reconstruction Project – Phase III was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 7, 2009 in the Historic Federal Building. RESOLUTION NO. 443-09 NORTH FORK CATFISH CREEK STORMWATER AND SANITARY SEWER PROJECT – PHASE III PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the North Fork Catfish Creek Stormwater and Sanitary Sewer Project – Phase III, in the estimated amount $2,082,428.43, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 7 day of December, 2009, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file 10 objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The North Fork Catfish Creek Stormwater and Sanitary Sewer Project – Phase III is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids th before 2:00 p.m. on the 8 day of December, 2009. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the st 21 day of December, 2009, in the Historic Federal Building Council Chambers (second floor), th 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 16 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Mississippi River Partnership Council: One 3-year term through December 31, 2012. Applicants: Anthony Allen, 575 Almond Street; Edward Cawley, 598 Needham Street; Kenneth nd Oglesby, 990 W. 32 Street; Walt Webster, 3509 Asbury Road. Mr. Cawley, Mr. Oglesby, and Mr. Webster spoke in support of their appointment. 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 PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone – Commerce Park: 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. 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 Voetberg. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 56-09 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. Seconded by Voetberg. Joel Callahan, Callahan Construction, 7629 Commerce Park, explained the project and spoke in support of the request. Planning Services Manager Laura Carstens provide a staff report. Speaking on behalf of the Zoning Advisory Commission, Chairperson Jeff Stiles stated that the plan Mr. Callahan presented to Council is different than 11 the plan the Commission recently considered. ECIA Regional Transit Authority Manager Mark Munson and Greater Dubuque Development Corporation Executive Director Rick Dickinson spoke in support of the request. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 56-09 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT COMMERCE PARK FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO R-4 MULTI-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from CS Commercial Service and Wholesale District to R-4 Multi-Family Residential District, to wit: Lot 8 and Lot 9, Block 3 Westbrook Subdivision, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. th Passed, approved and adopted this 16 day of November, 2009. /s/Roy D. Buol, Mayor: Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 18 day of November, 2009. /s/Jeanne F. Schneider, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Every Child / Every Promise: Chad Chandlee, Every Child / Every Promise Board Chair, introduced Executive Director Nancy Keedy. Motion by Jones to receive and file. Seconded by Braig. Ms. Keedy gave a brief oral synopsis of the future goals of Every Child / Every Promise. Motion carried 6-0. 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. Motion by Voetberg to receive and file the documents and adopt Resolution No. 444-09 Approving the creation of an assistance pool to encourage market-rate downtown rental and owner-occupied residential units in the Greater Downtown Urban Renewal District and authorizing the City Manager to solicit proposals for projects to create such units. Seconded by Connors. Greater Dubuque Development Corporation Executive Director Rick Dickinson spoke in support of the recommendation. Motion carried 6-0. 12 RESOLUTION NO. 444-09 APPROVING THE CREATION OF AN ASSISTANCE POOL TO ENCOURAGE MARKET- RATE DOWNTOWN RENTAL AND OWNER-OCCUPIED RESIDENTIAL UNITS IN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT AND AUTHORIZING THE CITY MANAGER TO SOLICIT PROPOSALS FOR PROJECTS TO CREATE SUCH UNITS Whereas, the City of Dubuque has been successful in encouraging job creation and retention in the community for several years; and Whereas, many of the City of Dubuque’s new residents have a strong desire to live near work and entertainment; and Whereas, a significant shortage of quality market-rate rental and owner-occupied residential units exists and efforts are needed to encourage new development of such units; and Whereas, several downtown residential development projects need financial assistance to secure funding for such project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council approves the creation of a pool of funds to encourage new market-rate downtown rental and owner-occupied residential housing units in the Greater Downtown Urban Renewal District. Section 2. The City Council approves the Request for Proposal for projects that are in need of assistance to encourage new market-rate downtown rental and owner-occupied residential housing units in the Greater Downtown Urban Renewal District. Section 3. That the City Manager is hereby authorized and directed to distribute the Request for Proposal to interested parties. th Passed, approved and adopted this 16 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 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. Motion by Connors to receive and filed the documents and approve the recommendation. Seconded by Voetberg. Braig read a prepared statement in opposition to the recommendation. Resnick made comments in opposition to the recommendation. Assistant City Engineer Bob Schiesl responded to questions from Council regarding the project’s feasibility and cost. Van Milligen reiterated that the consultants identified a demand for transient boats. Motion carried 4-2 with Resnick and Braig voting nay. Washington Neighborhood Guidelines and Funding Sources: City Manager recommending approval of proposed revisions to the financial incentives program promoting Washington Neighborhood homeownership. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 6-0. 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. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Voetberg. Motion carried 6-0. 13 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. 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 Voetberg. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 57-09 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. Seconded by Braig. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 57-09 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 10, Chapter 3, is amended by adding the following new article: ARTICLE F. MAILBOXES 10-3F-1: General: Subject to the requirements of this Article, curbside delivery by United States Postal Service may be provided to boxes at the curb so they may be safely and conveniently served by the carrier from the carrier’s vehicle. 10-3F-2: Permit: No person, firm or corporation shall place a mailbox in the public right-of-way without a permit therefore from the City Manager. 10-3F-3: Placement and Design: No person, firm or corporation shall place a mailbox in the public right-of-way unless such mailbox complies with the classifications, placements, models, manufacturers, and breakaway construction specifications in the United States Postal Services Standards and Postal Operations Manual or American Association of State Highway and Transportation Officials, on file in the Office of the City Engineer. 10-3F-4: Nuisance: A mailbox placed in the public right-of-way which does not meet the requirements of this Article is hereby declared a public nuisance. Upon written notice from the City Manager, the property owner shall remove a mailbox placed in the public right-of-way which does not meet the requirements of this Article, and if a property owner fails to remove such mailbox, the City Manager shall cause the mailbox to be removed at the property owner’s expense. Section 2. This ordinance shall take effect upon publication. th Passed, approved, and adopted this 16 day of November, 2009. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC, City Clerk th Published officially in the Telegraph Herald Newspaper the 18 day of November, 2009. /s/Jeanne F. Schneider, CMC, City Clerk 14 Shot Tower Rehabilitation – Phase I: City Manager recommending rejection of all competitive bid proposals for the Shot Tower Rehabilitation – Phase I Project and re-bid the project. Motion by Connors to receive and file the documents and adopt Resolution No. 445-09 Rejecting all competitive bid proposals received for the Historic Shot Tower Rehabilitation Project - Phase I and directing the City Clerk to re-advertise for bids for the project. Seconded by Voetberg. Motion carried 5-0. (Jones out of room). RESOLUTION NO. 445-09 REJECTING ALL COMPETITIVE BID PROPOSALS RECIEVED FOR THE HISTORIC SHOT TOWER REHABILITATION PROJECT - PHASE I AND DIRECTINGTHE CITY CLERK TO RE- ADVERTISE FOR BIDS FOR THE PROJECT Whereas, competitive sealed bid proposals have been submitted by contractors for the Historic Shot Tower Rehabilitation Project – Phase I (the Project) pursuant to Resolution No. 419-09 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa rd on the 23 day of October, 2009; and Whereas, said competitive sealed bid proposals for the Project were opened and read on the th 10 day of November, 2009; and Whereas, the City Council has deemed it advisable to reject all bid proposals for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. All of the bid proposals for the Project are hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposits of the unsuccessful bidders for the Project. Section 3. The City Clerk is hereby directed to re-advertise for bids for the Project by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but th not more than forty-five days before the date for filing bids before 2:00 p.m. on the 10 day of December, 2009. Bids shall be opened and read by the City Clerk at said time and will be st submitted to the City Council for final action at 6:30 p.m. on the 21 day of December, 2009, in th the Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 16 day of November, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Dubuque Racing Association: Communication from the Dubuque Racing Association Board of Directors requesting appointment of representatives to the DRA Board of Directors for 2009 (currently Mayor Roy D. Buol, Council Members Kevin Lynch and Ric Jones, and City Manager Michael C. Van Milligen). Motion by Connors to receive and file the documents and re-appoint Mayor Buol and Council Members Lynch and Jones, and City Manager Van Milligen to the DRA Board of Directors. Seconded by Braig. Motion carried 6-0. State of Iowa Legislative Priorities – 2010 Session: City Manager recommending approval of the State of Iowa Legislative Priorities for the 2010 session. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 6-0. 15 CLOSED SESSION Motion by Jones at 8:44 p.m. to go into closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Connors. Motion carried 6-0. Upon motion at 9:13 p.m. the City Council reconvened in regular session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:14 p.m. /s/Jeanne F. Schneider, CMC City Clerk 16