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Minutes_City Council Proceedings 2 15 10 Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on February 15, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the purpose of discussing such matters which may properly come before the City Council. Pledge of Allegiance Invocation was provided by Mayor Roy D. Buol PROCLAMATION th League of Women Voters 90 Anniversary Week (February 15 – 20, 2010) was accepted by League President Ann Michalski, 1520 Altura Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Voetberg. Connors requested (#20) Safe Community Task Force Facilitator be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Cable TV Telelprogramming Commission of 1/5; City Conference Board of 3/11/09 and 1/14/10; City Council of 2/1, 2/8 and 2/10; Investment Oversight Advisory Commission of 2/4; Library Board of Trustees of 12/17; Plumbing Board of 2/4; Zoning Advisory Commission of 2/3; Zoning Board of Adjustment of 1/28 Proofs of publication of City Council Proceedings of January 19, 2010 and List of Claims and Summary of Revenues for month ended December 2009 th Investment Oversight Commission 67 Quarterly Report Upon motion the documents were received and filed. Notice of Claims/Suits: Schwan’s Home Service, Inc., for vehicle damage; Dorothy L. Lester for personal injury. Upon motion the documents were received, 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: Schwan’s Homes Service, Inc., for vehicle damage; Dorothy L. Lester for personal injury and Lester Leubka for personal injury. Upon motion the documents were received, filed, and concurred. Salt Dome Conveyor Project: City Manager recommending acceptance of the Salt Dome Conveyor Project as completed by Conlon Construction in the final contract amount of $155,805. Upon motion the documents were received and filed and Resolution No. 36-10 Accepting the Salt Dome Conveyor Project and authorizing payment of the contract amount to the contractor was adopted. Montcrest Street Sanitary Sewer Extension Project: City Manager recommending acceptance of the Montcrest Street Sanitary Sewer Extension Project as completed by McDermott Excavating in the final contract amount of $66,822.14, and approval of the final schedule of assessments. Upon motion the documents were received and filed and Resolution No. 37-10 Accepting the Montcrest Street Sanitary Sewer Extension Project and authorizing payment of the contract amount to the contractor and Resolution No. 38-10 Adopting the final schedule of assessments for the Montcrest Street Sanitary Sewer Extension Project were adopted. 2009 Manhole Replacement Project: City Manager recommending acceptance of the 2009 Manhole Replacement Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $65,472.92. Upon motion the documents were received and filed and Resolution No. 39-10 Accepting the 2009 Manhole Replacement Project and authorizing payment of the contract amount to the contractor was adopted. 2009 Intake Reconstruction Project: City Manager recommending acceptance of the 2009 Intake Reconstruction Project as completed by Drew Cook & Sons Excavating Co., Inc., in the final contract amount of $90,906.45. Upon motion the documents were received and filed and Resolution No. 40-10 Accepting the 2009 Intake Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. North Fork Catfish Creek Project – Acceptance of Easements: City Manager recommending approval of the acceptance of easements in connection with the North Fork Catfish Creek Project. Upon motion the documents were received and filed and Resolution No. 41-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Car-Ann-Jo LLC; Resolution No. 42-10 Accepting a Grant of Easement for sanitary sewer, storm sewer and walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa – Dubuque Community Church; Resolution No. 43-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Yiannias Place; Resolution No. 44-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Avenarius; Resolution No. 45-10 Accepting a Grant of Easement for sanitary sewer, storm sewer and walking trail for North Fork Catfish Creek in the City of Dubuque, Iowa – Mattroy, LLC; and Resolution No. 46-10 Accepting a Grant of Easement for sanitary sewer for North Fork Catfish Creek in the City of Dubuque, Iowa – Selchert Place were adopted. South Siegert Farm Lease Extension: City Manager recommending approval of an amendment of the farm lease with William and Janet Siegert for the North Siegert Farm to provide for a one-year lease extension. Upon motion the documents were received and filed and Resolution No. 47-10 Approving an amendment to the farm lease between the City of Dubuque, Iowa, and William and Janet Siegert was adopted. Amendment to Lease Agreement – Dubuque by Carriage: City Manager recommending approval of the Eighth Amendment to the lease agreement with Carole Lindstrom of “Dubuque by Carriage” to extend the original lease of the former Dock Board building until April 30, 2012. Upon motion the documents were received, filed, and approved. 2 Stipulation of Settlement – Property Tax Appeal: City Attorney recommending approval of the Stipulation of Settlement for the Blue Moon Development Company 2009 property tax appeal for the Dubuque/Galena Holiday Inn Hotel located at 450 Main Street. Upon motion the documents were received, filed, and approved. 2009 Urban Revitalization Program Applications: City Manager recommending approval of 2009 Urban Revitalization Program applications for residential property tax exemptions. Upon motion the documents were received and filed and Resolution No. 48-10 Approving residential property tax exemption applications submitted by property owners in recognized urban revitalization areas and authorizing the transmittal of the approved applications to the City Assessor was adopted. Black Hills Energy – Contract for Water Meter Reading: City Manager recommending approval of a revised contract with Black Hills Energy to extend the contract for water meter reading through December 2011 for completion of the water meter replacement project. Upon motion the documents were received, filed, and approved. 418 / 420 Emmett Street – Lot Split: Zoning Advisory Commission recommending approval of a lot split at 418 / 420 Emmett Street to create two new substandard lots. Upon motion the documents were received and filed and Resolution No. 49-10 Approving a plat of survey of Wedig Place in the City of Dubuque, Iowa, was adopted. Legislative Correspondence: Communication to State Legislators providing a position statement on House Study Bill 573 relating to flood plain management. Communication to State Legislators in opposition to House Study Bill 608 concerning 500 year flood plain regulation. Upon motion the documents were received and filed. 2009 National Park Service Annual Products Report: City Manager transmitting the 2009 National Park Service Annual Products Report and Baseline Questionnaire. Upon motion the documents were received and filed. HOME Partnership Program: Communication from the Iowa Department of Economic Development advising that the City of Dubuque’s HOME Partnership Program has been administered in substantial compliance with finance and program requirements. Upon motion the document was received and filed. Iowa Department of Economic Development: Communication from the Iowa Department of Economic Development advising that the Vision Iowa Board intends to award the City of Dubuque a Community Attraction and Tourism (CAT) marketing grant of $10,000 to promote the Art Market. Upon motion the document was received and filed. PEG Capital Grant Expenditure Request: City Manager recommending approval of a request from the City of Dubuque for $15,000 from the Capital Grant for Access Equipment and Facilities for a non-linear editing system to replace the original non-linear editing system that is no longer able to digitize video and is not powerful enough to meet our current editing needs. Upon motion the documents were received, filed, and approved. 3 2009 Certified Local Government (CLG) Annual Report: City Manager submitting the 2009 Certified Local Government (CLG) Annual Report. Upon motion the documents were received and filed. Safe Community Task Force Facilitator: City Manager recommending approval of a contract with Urban Strategies, Inc. to facilitate the Safe Community Task Force. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Connors provided an explanation of why the Task Force is hiring Urban Strategies as an outside facilitator and read a biography of the company into the record. Van Milligen stated that the Task Force will submit a progress report at the March 1, 2010 City Council meeting. Motion carried 7-0. Business License Refund: Request of Jack Thompson for a refund of the cigarette license for Oky Doky #6 in the amount of $50.00. Upon motion the document was received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 50-10 Granting the issuance of a Class “C” Beer Permit to Oky Doky #8; and Resolution No. 51-10 Granting the issuance of a Class “C” Beer/Liquor License to Mr. Rogers Pub, Eagles Club, Bulldog Billiards, Gin Rickey’s, Hammerheads and Tony’s Place; a Class “B” Wine to th Oky Doky #8; and a Class “WBN” Native Wine to National Mississippi River Museum and 16 Street Auto / Truck Plaza were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Voetberg. Motion carried 7-0. Lease Agreement – Dubuque Bruisers Football: City Manager recommending that a public hearing be set for March 1, 2010 to consider a lease agreement with Dubuque Bruisers Football for a section of Roosevelt Park. Upon motion the documents were received and filed and Resolution No. 52-10 Resolution of intent to dispose of an interest in real property by lease agreement with Dominick Locascio, Owner, Dubuque Bruisers Football was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2010 in the Historic Federal Building. thth Utility Relocation Project – 9 to 10 Street: City Manager recommending initiation of the thth public bidding process for the Utility Relocation Project – 9 to 10 Street and that a public hearing be set for March 1, 2010, to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 53-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Utility Relocation thth Project – 9 to 10 Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2010 in the Historic Federal Building. Fiscal Year 2011 Operating Budget and Capital Improvement Program: City Manager recommending that a public hearing be set for Tuesday, March 9, 2010 to consider adoption of 4 the Fiscal Year 2011 Operating Budget and Capital Improvement Program. Upon motion the documents were received and filed and Resolution No. 54-10 Setting the date for the public hearing on the Fiscal Year 2011 Budget for the City of Dubuque and Resolution No. 55-10 Setting the date for the public hearing on the Five Year Capital Improvement Program for Fiscal Years 2011 through 2015 for the City of Dubuque were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 9, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments to the following Commission: Community Development Advisory Commission. Three 3-year terms through February 15, 2013 (Low/Moderate Income Term of Caldwell and At-Large Term of Maloy). Applicants: Theresa Caldwell, 1633 Elm Street (Low/Moderate Income Area); Paula Maloy, SVM, 2950 Kaufmann Avenue (At-Large). Motion by Braig to appoint Teresa Caldwell and Paula Maloy, to the Community Development Advisory Commission for 3-year terms through February 15, 2013. Ms. Caldwell to serve in the Low/Moderate Income Area and Ms. Maloy to serve At-Large. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Request to Rezone – Historic Millwork District: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to rezone property located south of th 12 Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial designation for the Historic Millwork District PUD and Zoning Advisory Commission recommending approval. City Manager recommending that the Historic Millwork District PUD ordinance be referred back to the Zoning Advisory Commission to consider an amendment to the PUD in response to concerns expressed by some property owners. Motion by Connors to refer back to the Zoning Advisory Commission a proposed ordinance Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances, th by reclassifying hereinafter described property located south of 12 Street, east of White Street and west of Highway 61/151 from C-4 Downtown Commercial and HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial designation for the Historic Millwork District PUD. Seconded by Voetberg. Motion carried 7-0. Electric and Gas Franchise Fee Ordinances: Proof of publication on notice of public hearing to consider ordinances increasing the franchise fee under the City’s Electric and Gas Franchises with Alliant Energy, Black Hills Energy and Maquoketa Valley Electric Cooperative from two percent to three percent and City Manager recommending approval. 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 Jones. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 7-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Alliant Energy, its successors and assigns, generated from the sale of electricity within the City of Dubuque to three percent (3%); Ordinance No. 8-10 Increasing the franchise fee of two percent (2%) of the gross 5 revenue of Black Hills Energy Corporation, its successors and assigns, generated from the sale of natural gas within the City of Dubuque to three percent (3%); and Ordinance No. 9-10 Increasing the franchise fee of two percent (2%) of the gross revenue of Maquoketa Valley Energy Cooperative, its successors and assigns, generated from the sale of electricity within the City of Dubuque to three percent (3%). Seconded by Braig. Budget Director Jenny Larson gave a slide presentation on the history of the franchise fee. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Request to Address the City Council: Request of Cindy Kuhlmann, 1137 Oak Street, to address the City Council in opposition to the construction of multi-family housing on Oak Street. Motion by Lynch to receive and file the information. Seconded by Braig. Ms. Kuhlmann spoke on behalf of the Oak Street area residents and cited safety, increased traffic, and bluff erosion as major issues. Planning Services Manager Laura Carstens provided a zoning history of the area confirming that the site is zoned R-2 Residential and stated that the project is compliant with the Zoning Code. City Council recommended the neighbors try mediation with the developers. Motion carried 7-0. Dewane Lattner, 854 Cleveland Avenue, submitted correspondence related to the Oak Street multi-family housing project. The documents were made a Matter of Record. Preliminary Plat – Felderman Subdivision: Zoning Advisory Commission recommending approval of the preliminary plat of Felderman Subdivision located on the Northwest Arterial / Arboretum Drive. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0. Downtown Housing Incentive Awards: City Manager recommending approval of four projects to receive certain incentives to create new housing units within the Greater Downtown Urban Renewal District and authorization to negotiate specific contracts. Motion by Connors to receive and file the documents and adopt Resolution No. 56-10 Approving certain awards from the Downtown Housing Incentive Pool to create new market-rate housing units within the Greater Downtown Urban Renewal District. Seconded by Voetberg. Motion carried 7-0. Free Ride Program with Dubuque Community School District: City Manager recommending approval to renew the Free Ride Program with the Dubuque Community School District for the school year of August 1, 2009 through July 31, 2010. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Braig. Resnick requested that the program be reconsidered as a way to solve child obesity related to the “Let’s Move” program by having children walk to school. Council Members stated that while they agreed with Mr. Resnick’s idea, the Free Ride Program had many other benefits to consider. Motion carried 6-1 with Resnick voting nay. Accessible Parking Snow Removal: City Manager recommending approval of an amendment to the City’s Accessible Parking Ordinance which makes property owners, or the property owner’s designee, responsible for the removal of snow from accessible parking spaces and access aisles and prohibits storing snow on accessible spots and access aisles. Motion by Connors to receive and file the documents and that the requirement that a proposed 6 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 Resnick. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 10-10 Amending Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 6 Parking Spaces for the Disabled, Section 9-14-321.705 Prohibited Use of Parking Places or Identification Devices of the City of Dubuque Code of Ordinances by adding a new Subsection C Snow Removal requiring the owner of any lot or parcel with accessible parking spaces and access isles from allowing accumulations of snow or ice thereon. Seconded by Resnick. Motion carried 7-0. Final Report of the Sustainability Task Force: City Manager transmitting the final report on the activity of the Sustainability Task Force and recommending adoption of Dubuque’s Sustainability Vision, Three-Part Model, and eleven Sustainability Principles as developed by the Sustainability Task Force. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Mayor Buol thanked the members of the Task Force for their contributions. Cell Phone Ordinance (First Reading on February 1, 2010): Communications from Ron Farni, Phillip Seer, Carolyn Thirtle, OSF, and Elaine and Vern Steil (submitting petition) regarding the proposed cell phone ordinance. 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 7-0. Motion by Jones for final consideration and passage of Ordinance No. 11-10 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 10 Miscellaneous Rules, by adding a new Section 9-10-400 Prohibiting the Use of Electronic Communications Devices While Driving a Motor Vehicle. Seconded by Voetberg. Lynch stated that in light of the ordinance currently being considered by the State, the City’s ordinance might be a waste of time. Responding to questions from City Council, Van Milligen stated hands-free devices are exempt, and limited signage will be posted on main roadways entering the city. Motion carried 7-0. COUNCIL MEMBER REPORTS Voetberg reported that he has been appointed to the International Council for the National League of Cities. CLOSED SESSION Motion by Jones at 7:55 p.m. to go into closed session regarding Collective Bargaining Strategy pursuant to Chapter 20.17(3) Code of Iowa. Seconded by Braig. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 8:31 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:32 p.m. /s/Jeanne F. Schneider, CMC City Clerk 7 1t 2/24 8