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Minutes_City Council Proceedings 11 16 09 Regular SessioinCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS 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 Investment Oversight Commission's 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 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. 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 was 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. 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. Upon motion the documents were received and filed and Resolution No. 435-09 Approving the acquisition of real estate located at 347 East 19t" Street in the City of Dubuque, Iowa, was adopted. 2 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. Upon motion the documents were received and filed and Resolution No. 436-09 Approving the sale of real estate located at 351 East 15t" Street, in the City of Dubuque, Iowa, was adopted. 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. 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. 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. 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. 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. -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. 3 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 documents were received and filed and made a Matter of Record. 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 the General Election held the 3~d 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. 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 4 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. 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. 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 Oglesby, 990 W. 32"d 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 5 Commission, Chairperson Jeff Stiles stated that the plan Mr. Callahan presented to Council is different than 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. 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. 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. 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 6 encroachments of anon-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. 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). 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. 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)Q) 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 1t 11/25 7