Loading...
1 19 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, JANUARY 19, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING E Ia UNCIL MEMBERS BRAIG, C NORS, PRES fiIT: M '1(OR PRf� -TEM R SNIC JOTS, LYNCH, VOE7BERG �� CITY -MANAGER NAGBR V A ' ' ; CITY ATTORNEY LIND ABSE : MAYOR BU L AAP - Mayor H el- read the c II 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: Reverend Tim LoBianco, Resurrection Church PROCLAMATIONS: Earned Income Tax Credit (EITC) Awareness Day (January 29, 2010) Received by % CONSENT ITEMS Ayes ,/ Resnick Voetberg Braig .Boor Connors Jones Lynch Nays 1. Minutes and Reports Submitted Cable Community Teleprogramming Commission of 11/3; City Council of 1/4; Historic Preservation Commission of 12/17; Library Board of Trustees of 11/17; Zoning Advisory Commission of 1/6; Zoning Board of Adjustment of 12/17 Carnegie Stout Public Library Board of Trustees Update from Meeting of December 17, 2009 Proof of publication of City Council Proceedings of December 21 and 30, 2009 Suggested Disposition: Receive and File 2. Notice of Claims /Suits Donna Clough for personal injury; John W. Thomas for property damage; Tschiggfrie Excavating Company for property damage; Vicky Fuller for property 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: Cheryl Ludovissy for vehicle damage; Sally Lang for personal injury / vehicle damage; Ron Burds for vehicle damage; Richard Hanson for vehicle damage; Donna Clough for personal injury; John W. Thomas for property damage; Arthur Cotton for vehicle damage Suggested Disposition: Receive and File; Concur 2 3. Fiscal Year 2010 Annual Action Plan — Amendment #2 City Manager recommending approval of the second amendment to the Fiscal Year 2010 Annual Action Plan. RESOLUTION t Approving a Fiscal Year 2010 (Program Year 2009) Annual Action Plan — Amendment 2 for Community Development Block Grant (CDBG) Homelessness Prevention and Rapid Re- Housing (HPRP) and Community Development Block Grant Recovery (CDBG -R) funds. Suggested Disposition: Receive and File; Adopt Resolution 4. Grass and Weed Cutting Assessments City Manager recommending approval to certify grass and weed cutting charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. RESOLUTION /' ' Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6- 6 -3C2o; Title 6- 6-4B3 and Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 5. Vacant and Abandoned Buildings (VABs) and Problem Property Assessments City Manager recommending approval of vacant and abandoned building and problem property assessments. RESOLUTION / / Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6 -6 -3B1 h; Title I6 -6 -4B3 and Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 6. Curtis Collection City Attorney transmitting the fully executed Bill of Sale for the Curtis Collection from Dubuque Cultural Preservation Committee to the Dubuque Museum of Art. Suggested Disposition: Receive and File 3 Ayes Nays Resnick Voetberg Braig Buol Connors Jones Lynch 7. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Communication from Chuck Goddard, Agency Administrator for DMASWA, submitting the Agency's Fiscal Year 2011 fee schedule which goes into effect on July 1, 2010. Suggested Disposition: Receive and File 8. Downtown Design Guidelines City Manager recommending approval of the proposed expansion of the Downtown Design Guidelines (DDG) area to be consistent with the southern boundary of the Greater Downtown Urban Renewal District. Suggested Disposition: Receive and File; Approve 9. Plat of Survey — Pinchuck - Herrig Place Zoning Advisory Commission recommending approval of the Plat of Survey of Pinchuck - Herrig Place as requested by Buesing and Associates. RESOLUTION /. Approving Plat of Survey of Pinchuck - Herrig Place Suggested Disposition: Receive and File; Adopt Resolution 10. Thomas Place Guardrail and Curb and Gutter Replacement Project City Manager recommending acceptance of the Thomas Place Guardrail and Curb and Gutter Replacement Project as completed by Drew Cook & Sons Excavating Co., Inc. in the final contract amount of $35,547.35. RESOLUTION / Accepting the Thomas Place Guardrail and Curb and Gutter Replacement Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 4 Ayes Resnick Voetberg Braig Buol Connors Jones Lynch Nays 11. Asbury Plaza Area Wastewater Pumping Facilities City Manager recommending acceptance of the Asbury Plaza Area Wastewater Pumping Facilities as completed by McDermott Excavating in the final contract amount of $550,845.47. RESOLUTION /‘/ Accepting the Asbury Plaza Area Wastewater Pumping Facilities Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 12. Cottingham and Butler, Inc. — CEBA and EZ Amendments City Manager recommending approval of an amendment to the CEBA and EZ agreements with Cottingham and Butler, Inc., which extends their job creation deadline by one year. RESOLUTION /J Authorizing the approval of an amendment to the CEBA and Enterprise Zone Agreements with Cottingham & Butler Insurance Service Suggested Disposition: Receive and File; Adopt Resolution 13. Clean Water State Revolving Fund Rules Communication to the Iowa Department of Natural Resources conveying the City of Dubuque's comments on proposed changes to Chapter 90 of the Code of Iowa regarding the Clean Water State Revolving Fund rules. Suggested Disposition: Receive and File 14. Citizen Communication Communication from Sandy Amberg, 80 Croydon Crest, regarding fluoridation in the City's water system. Suggested Disposition: Receive and File; Refer to City Manager Ayes Resnick Voetberg Braig Buol Connors Jones Lynch 5 Nays 15. Environmental Stewardship Advisory Commission Communication from the Environmental Stewardship Advisory Commission regarding fundraising car washes and stormwater management. Suggested Disposition: Receive and File; Refer to City Manager 16. Signed Contracts -- The Ferguson Group for Energy Efficiency and Conservation Block Grant (EECBG) Strategic / Grant Writing Services Suggested Disposition: Receive and File 17. Business License Refund Request of Road Ranger, LLC for a refund of Liquor License #BCO29103 and #BC0029104. Suggested Disposition: Receive and File; Approve 18. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class "C" Beer Permit to El Paisano Grocery Store RESOLUTION /7 Granting the issuance of a Class "C" Beer /Liquor License to Mario's Italian Restaurant, Taiko Japanese Restaurant and The Lounge; a Special Class "C" (BW) Liquor License to Cafe Manna Java West; and a Class "B" Wine Permit to Dubuque Religious Center Suggested Disposition: Receive and File; Adopt Resolutions 6 Ayes Resnick Voetberg Braig Buol Connors Jones Lynch Nays ITEM TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Water Revenue Capital Loan Notes City Manager recommending that a public hearing be set for February 1, 2010 to consider the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes. RESOLUTION / &' Fixing date for a meeting on the authorization of a Forgivable Loan and Disbursement Agreement and the issuance of not to exceed $1,000,000 Water Revenue Capital Loan Notes of Dubuque, Iowa and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/1/10 Ayes /% , Resnick Voetberg Braig Y Connors Jones Lynch 7 Nays BOARDS /COMMISSIONS 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. Long Range Planning Advisory Commission One 3 -year term through July 1, 2012 (Term of Stein) fe4V Applicants: Ryan Anglese, 2752 Carlton Avenue Bryan Clark, 455 Moore Heights Lou Oswald, 1080 Nowata Street John Pregler, 1525 Pego Court .lirit411) 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. 1. Request to Rezone — Langworthy Neighborhood District Proof of publication on notice of public hearing to consider a request from Terry Mozena / Langworthy Neighborhood Association to rezone a portion of the Langworthy Neighborhood District from R -2 Two - Family Residential District to R -1 Single - Family Residential District and Zoning Advisory Commission recommending approval. Communication from David Klavitter, 1090 West Third Street, in support of the proposed rezoning of a portion of the Langworthy Neighborhood District. ORDINANCE / Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located partially within the Langworthy Historic District from R -2 Two - Family Residential District to R -1 Single - Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings esnick oetberg l Braig atigr Jones onnors Lynch Nays SUSPEND THE RULE Ayes Nayes //� Resnick ' oetberg rai ✓ g Suet-- / Connors )Jones Lynch 9 Final Reading and Adopt 2. Text Amendment — Off- Premise Sign Area Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 15 -12 of the Unified Development Code regarding off - premise sign areas. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 15 -12 Off - Premise Signs and adopting a new Section 15 -12 Off - Premise Signs in lieu thereof pertaining to the regulations of off - premise signs along state and federal highways and near historic districts Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Ayes' - Resnick Voetberg Braig 0 Connors Jones Lynch Nays Ays Nayes /' Resnick Voetberg /Bra ig Ba61 j ; Connors r Jo Lync h 10 Final Reading and Adopt 3. Individual Historic Designation — 44 Main Street Proof of publication on notice of public hearing to consider the Individual Historic Designation for 44 Main Street and Historic Preservation Commission recommending approval. ORDINANCE Amending Title 16, Unified Development Code of the City of Dubuque Code of Ordinances by adding Article 10- 7(C)(4) Establishing an individually designated historic property at 2537 Windsor Avenue and by adding Article 10- 7(C)5) Establishing an individually designated historic property at 44 Main Street Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Aye ` ' Resnick , / ) Voetberg Braig :Rapt V Connors Jones Lynch Nays Final Reading and Adopt Ayes Nayes Resnick oetberg Braig Connors Jones Lynch REINSTATE THE RULES This action limits discussion to the City Council. 11 Ayes /O Resnick Voetberg Braig .Rt )' Connors ` Jones Lynch Nays 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. Proudly Accessible Dubuque (PAD) Communications from Katrina Wilberding advising that the Mississippi Riverwalk and River's Edge Plaza, the City Trolley — Dubuque, and Ice Harbor Boat Docks have been named as Proudly Accessible Dubuque businesses. Suggested Disposition: Receive and File Ayes Suggested Disposition: Receive and File; Approve Resnick oetberg raig Stier Connors Jones Lynch 1 ' 2. Federal Emergency Management Agency (FEMA) City Manager recommending approval of the submittal of revised talking points to federal legislators related to the Federal Emergency Management Agency new flood area maps. Ayes .1/ Resnick Voetberg Braig Connors Jones Lynch f COUNCIL MEMBER REPORTS Nays PUBLIC INPUT 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. Jeanne F. Schneider January 14, 2010 13