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3 15 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, MARCH 15, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESENT': MAYOR BUO'L, COUNCIL MEMBERS B,AIG, CO ORS, JO ES, LYNC , RESNICC, VOE ERG CITY MANAGER VAN MLt LIGEN; CITY ATTORNEY 4 LINDAHL ABSENT: Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE INVOCATION: Deacon Dave McGhee, Nativity Church PROCLAMATIONS: Dub ue Visiti g lyy0e, Association Centennial Week (March 28 — April 3, 2010) Arts Education Month (March 2010) The 200 Anniversary of Julien Dubuque's Death (March 24, 2010) PRESENTATION: American Eagle Airlines 2009 Station of the Year Award - �' i/f CONSENT ITEMS Braig Buol Connors Jones Lynch Resnick g 1. Minutes and Reports Submitted Cable TV Teleprogramming Commission of 2/2; City Conference Board of 2/1; City Council of 2/24, 3/1, 3/2 and 3/9; Environmental Stewardship Advisory Commission of 3/2; Zoning Advisory Commission of 3/3; Zoning Board of Adjustment of 2/25 Proofs of publication of City Council Proceedings of February 15, 16, and 24, 2010 Library Board of Trustees Update from the Meeting of February 25, 2010 Suggested Disposition: Receive and File 2. Notice of Claims /Suits Rebecca Kruse for vehicle damage; Antoine Clemons vs. Brian Wullweber and the City of Dubuque; Sheena Gillen for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Sheena Gillen for vehicle damage; Everett Corley for vehicle damage; Rebecca Kruse for vehicle damage Suggested Disposition: Receive and File; Concur 2 Nays 3. 2008 Catch Basin Replacement Project City Manager recommending acceptance of the 2008 Catch Basin Replacement Project as completed by McDermott Excavating, Inc. in the final contract amount of $92,994.00. RESOLUTION 72 Accepting the 2008 Catch Basin Replacement Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 4. Mediacom Communication from Lee Grassley, Mediacom Senior Manager — Government Relations, advising that on or about March 4, 2010 the Channels E!, HLN and Tru TV will be added to the high definition Tine -up. Suggested Disposition: Receive and File 5. Insurance Institute for Highway Safety Special report from the Insurance Institute for Highway Safety on phoning while driving. Suggested Disposition: Receive and File 6. National League of Cities Article from Nation's Cities Weekly entitled "Cities Taking Action Against Distracted Driving." Suggested Disposition: Receive and File 3 Ayes Braig Buol Connors Jones Lynch Resnick Voetberg Nays I 7. Dubuque County Board of Supervisors Communication from the Dubuque County Board of Supervisors requesting a meeting with City representatives and the County Board of Health to discuss the potential of a partnership with the City of Dubuque for future health service needs. Suggested Disposition: Receive and File; Refer to City Manager 8. Purchase of Property — 2315 Jackson Street City Manager recommending approval of the acceptance of a Sheriffs Deed for a two - story dwelling located at 2315 Jackson Street. RESOLUTION 7 Approving the acceptance of a Sheriff's Deed for the east one -half of Lot 24A in L.H. Langworthy's Addition to the City of Dubuque, County of Dubuque, Iowa according to the recorded plat thereof, located at 2315 Jackson Street Suggested Disposition: Receive and File; Adopt Resolution 9. PEG Capital Grant Expenditure Request City Manager recommending approval of the Cable TV Tele- Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $72,000 for Loras College for the necessary equipment to operate shared educational Channel 17. Suggested Disposition: Receive and File; Approve 10. Rural Business Enterprise Grant (RBEG) Communication to Bill Menner, State Director — Rural Development for the U.S. Department of Agriculture, in support of the Rural Business Enterprise Grant (RBEG) application to develop an assessment map for biomass fuel within the Greater Dubuque region and northeast Iowa. Suggested Disposition: Receive and File 4 Ayes Braig Buol Connors Jones Lynch Resnick Voetberg Nays 11. Council Appointments Communication from the Iowa League of Cities requesting that City Council Member Dirk Voetberg serve on the Legislative Policy Committee. Communication from the National League of Cities advising that City Council Member Dirk Voetberg has been appointed to the NLC 2010 Community and Economic Development Policy and Advocacy Committee. Communication from the National League of Cities advising that City Council Member Kevin Lynch has been appointed to the NLC Information Technology and Communications Policy and Advocacy Committee. Suggested Disposition: Receive and File 12. City Development Board Notification from Steven R. McCann, Administrator — City Development Board, that a public hearing in the matter of the City of Asbury voluntary annexation including non - consenting owners within the urban area of the City of Dubuque will be held on April 14, 2010. Suggested Disposition: Receive and File 13. Dubuque County Board of Supervisors — FEMA Communication from the Dubuque County Board of Supervisors in support of the City's efforts of involvement with the property owner appeals process related to the recently revised Federal Emergency Management Agency's preliminary flood plain maps. Suggested Disposition: Receive and File Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg 5 14. Fiscal Year 2011 Wage Plan and Compensation Package for Non - Bargaining Unit Employees City Manager recommending approval of the Fiscal Year 2011 Wage Plan and Compensation Package for non - bargaining unit employees. RESOLUTION 77 Approving the Wage Plan and Compensation Package for non - bargaining unit employees for Fiscal Year 2011 Suggested Disposition: Receive and File; Adopt Resolution 17. Amendment to Collective Bargaining Agreement — Teamsters Local No. 120 City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamsters Union to provide for a work week that consists of ten hours per day and four days per week for the Airport Maintenanceworkers and Airport Mechanic. Suggested Disposition: Receive and File; Approve 18. Tobacco Use Prevention and Control Community Partnership Grant Letter of support for the Hillcrest Family Services / Dubuque County application for funds through the Tobacco Use Prevention and Control Community Partnership Grant. Suggested Disposition: Receive and File; Approve 19. Housing Commission Communication from the Housing Commission regarding the minutes of the Enforcement Subcommittee of the Safe Community Task Force meeting of January 20, 2010. Suggested Disposition: Receive and File 6 Ayes Braig Buol Connors Jones Lynch Resnick Voetberg Nays 20. Signed Contracts -- Qwest contract related to the parking ramp at 975 Central Avenue -- Agreement for Architectural and Project Plan Review for Energy Star Certification and Utility Rebates with Eco Smart Building, PC for the new parking ramp Suggested Disposition: Receive and File 21. Business License Refunds Request of Bammers Sports Bar and Grill, LLC for a refund of Beer and Liquor License #LC0037050 in the amount of $422.50. Request of Donald W. Geiger, A & B Tap, for a refund of Beer and Liquor License #LC0034101 in the amount of $633.75. Suggested Disposition: Receive and File; Approve Refunds 22. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of one new cigarette license to O'Clock Industries Incorporated RESOLUTION Granting the issuance of a Class "C" Beer /Liquor License to Bunker Hill Golf Course, Salsa's Mexican Restaurant, P.J. Tap, Neighbor's, and Rosewood Diner/ Supper Club Suggested Disposition: Receive and File; Adopt Resolutions 7 Ayes Nays Braig Buol Connors Jones Lynch Resnick Voetberg ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Fiscal Year 2011 — 2015 Consolidated Plan and Analysis of Impediments to Fair Housing City Manager recommending that a public hearing be set for April 19, 2010 to consider approval of the Fiscal Year 2011 — 2015 Consolidated Plan and Analysis of Impediments to Fair Housing. RESOLUTION ,74? Setting a public hearing on the Fiscal Year 2011 — 2015 Consolidated Plan for Housing and Community Development RESOLUTION c. Setting a public hearing on the Analysis of Impediments to Fair Housing Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4119/10 , Braig uol onnors / Jones Lynch / u Resnick 8 y9.etberd 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. Community Development Advisory Commission One 3 -year term through February 15, 2013 (At -Large Term of Gukeisen) Applicant: Peter Koshakji, 1076 1 /2 University Avenue Appointments to the following Boards /Commissions: Civil Service Commission Mayor Appointment One 4 -year term through April 6, 2014 (Term of Schilling) Applicants: Tpm Rawson, 2310 Knob Hill Drive Am Schilling, 3283 Bittersweet Lane Ayes Nays Braig Buol Connors Jones Lynch Resnick Vo e(g Mechanical Board Two 3 -year terms through March 16, 2013 (Terms of Kelly, Papin and Bandy) Applicants: Michael Kelly, 2875 Timber Line Drive Paul Papin, 2955 Jackson Street t) Braig J Buol Connors Jones Lynch Resnick Vojbei6 Nays Zoning Board of Adjustment One 5 -year term through March 25, 2015 (Term of Ruden) Applicant: Ryan Anglese, 2752 Carlton Avenue Michael Ruden, 3256 Arrowwood Lane , /,/, /// Ayes Nays Braig Buol Connors Jones Lynch Resnick Voet g 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. University of Dubuque — Request to Amend ID Institutional District Proof of publication on notice of public hearing to consider a request from the University of Dubuque to amend the University of Dubuque ID Institutional District to allow for an expanded parking lot near the corner of Finley and West Streets (2320 / 2350 West Street and 1211 Finley Street) and Zoning Advisory Commission recommending approval. ORDINANCE SUSPEND THE RULES ✓ /I Aves Braig Buol 'Connors Jones Lynch Resnick Voe g Nays Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval of an amended campus development plan to allow construction of an expanded parking lot for the University of Dubuque ID Institutional District near the corner of Finley and West Streets Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Ayes n Nays raig Buol Connors / Jones Lynch Resnick Vo rg Final Reading and Adopt 11 A Nayes Braig Buol Connors Jones Lynch Resnick Vojbe ( 2. Bethany Home — Request to Rezone Proof of publication on notice of public hearing to consider a request from Glinda Manternach, Bethany Home, to rezone property located at 921 / 925 Lincoln Avenue from R -2A Alternate Two - Family Residential District to R -3 Moderate Density Multi - Family Residential District and Zoning Advisory Commission recommending approval. ORDINANCE / Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 921 / 925 Lincoln Avenue from R -2A Alternate Two - Family Residential District to R -3 Moderate Density Multi- Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Ayes/ Braig Buol onnors ones Lynch Resnick Voe rg Nays 12 Final Reading and Adopt Ay,es Braig Buol Connors ones Lynch Resnick Vo rg Nayes 3. Dubuque Property Investments, LLC — Request to Rezone Proof of publication on notice of public hearing to consider a request from Greg Prehm / Dubuque Property Investments, LLC, to rezone property located at 2639 University Avenue (Lots 46 through 50 of the Lenox Addition along Beverly Avenue) from R -1 Single - Family Residential District to R -2 Two - Family Residential District and Zoning Advisory Commission recommending denial. Suggested Disposition: Receive and File; C • ncur with Denial or Motion B; Motion A (Super Majority Vote Necessary) ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified evelopment Code, by reclassifying hereinafter described property located at 2639 University from R -1 Single - Family Residential District to R -2 Two - Family Residential District Suspend the Reading /? Ayes Naye � raig Buol /)Connors Jones / Lynch / Resnick Vo erg Final Reading and Adopt Ayes Braig Buol Connors Jones Lynch Resnick Voetberg 13 Nayes G�� 4. 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 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. ORDINANCE Amending Title 16, of the City Of Dubuque Code Of Ordinances, Unified Development Code, 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 Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Ayes/ Braig 7/ Buol Connors ' J ones Lynch Resnick Voe rg Nays Y Braig Buol onnors Jones Lynch Resnick Vo,er6 14 Final Reading and Adopt Nayes 5. Vacating Petition — Seippel Road Proof of publication on notice of public hearing to consider a request from Toby Kress, representing Kress Industrial Facility, LLC, to vacate and release excess right -of -way easement along Seippel Road and City Manager recommending approval. RESOLUTION 7 � Disposing of interest and vacate an excess easement for public roadway over Lot 1 of Seippel Road Commercial Park Plat 3 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution Aye y( s) Braig Buol onnors Jones Lynch Resnick Voetf3.erg 6. Sale of Property — 1699 Washington Street Proof of publication on notice of public hearing to consider the sale of real estate located at 1699 Washington Street to Christina Krier as part of the Neighborhood Stabilization Program and City Manager recommending approval. RESOLUTION g5 Disposing of City -owned property, specifically, Lot Two of Lot Eighty -Six in East Dubuque Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof located at 1699 Washington Street Suggested Disposition: Receive and File; Adopt Resolution 15 Braig Buol onnors Jones Lynch Resnick Voe egg Nays Nays REINSTATE THE RULES This action limits discussion to the City Council. 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. Request to Address the City Council Request of Sandy Amberg to address the City Council to present a petition asking that fluoride be removed from Dubuque's water. Request of Shane Duncan to address the City Council regarding the dangers of fluoride. Suggested Disposition: Receive and File; Council Ayes Braig / Buol ✓ Connors Jones Lynch Resnick Voetb ni Braig Buol / , t Connors ! VV Jone Lynch' ,,p( Resnick / Voelketg 16 Nays 2. Sunset Ridge Communication from Tim McNamara, 700 Sunset Ridge, submitting a petition regarding the reconstruction of Sunset Ridge and requesting to be heard by the City Council. Suggested Disposition: Receive and File; Refer to City Manager 3. Downtown Rehabilitation Loan and Facade Grant 17 Nays Braig Buol Connors Jones Lynch Resnick Vee ) 10 ` ► I� Voetr City Manager recommending approval of a letter of commitment for a Downtown Rehabilitation Loan for $300,000, a Facade Grant of $10,000, Design Grant of $10,000, and a Financial Consultant Grant of $15,000 for Helicon Management, LLC to support their rehabilitation of property located at 756 Main Street (formerly Walker's Shoe Store). RESOLUTION Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan and Facade Grant for property located at 756 Main Street Suggested Disposition: Receive and File; Adopt Resolution yes Nays Braig Buol , / Connors / / Jones Lynch Resnick Voe - - rg 07) 4. I -JOBS Grant Award Press release from the Office of the Governor announcing that the City of Dubuque will receive a $240,000 I -JOBS award to acquire and rehabilitate six historic row -house apartments as part of the Washington Neighborhood Revitalization Plan. Suggested Disposition: Receive and File Ay s Nays Braig Buol Connors Jones Lynch Resnick Voe - - rg 5. State of Iowa Direct Financial Assistance Application City Manager recommending approval of the submission of a Direct Financial Assistance program application to the Iowa Department of Economic Development in the amount of $50,000 on behalf of Peninsula Gaming, LLC. RESOLUTION P7 Authorizing the filing of a Financial Assistance Application to the Iowa Department of Economic Development on behalf of Peninsula Gaming, LLC Suggested Disposition: Receive and File; Adopt Resolution / j) Ayes Nays % Braig Buol )C onnors ones ` -' Lynch Resnick Voet 18 4 6. Utility Relocation Project — 9 to 10 Streets City Manager recommending award of the contract for the Utility Relocation Project — 9 to 10 Streets to Top Grade Excavating, Inc., in the amount of $710,860.87. RESOLUTION Ye Awarding the public improvement contract for the Utility Relocation Project — 9 to 10 Streets: Sanitary Sewer, 20 -inch Transmission Watermain, and Fiber Optic Conduit Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays �� % Braig Buol Connors Jones Lynch Resnic Voetbe'rg 7. Demolition and Moving Permits City Manager recommending approval of amendments to the City of Dubuque Code of Ordinances relating to demolition and moving permits. ORDINANCE Amending the City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14 -2 -1: Permit Required; Section 14 -2 -2: Application for Permit; Section 14 -2 -3: Permit Issuance; Generally; Section 14 -2 -4: Moratorium for Construction or Other Work on Certain Streets, Areas or Facilities; Section 14 -2 -5: Fees; Section 14 -2 -6: Special Provisions; Section 14 -2 -7: Insurance Requirements; Section 14 -2 -8 Special Requirements; and deleting Section 14 -2 -8: Enforcement Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Final Reading and Adopt Ayes Nays Braig ✓/ raig Buol ✓ Buol Connors // Connors Jones / /'Jones Lynch Lynch Resnick Resnick Voe)efg Voe9g 19 Nayes 8. Dubuque Ice and Recreation, Inc. City Manager recommending approval of an additional contribution to Dubuque Ice Arena construction costs. Suggested Disposition: Receive and File; Approve Ayes Braig Buol Connors Jones ynch Resnick yostberg 9. Request for Work Session City Manager requesting City Council direction regarding a work session on the proposed plans for the Dubuque Regional Airport's passenger terminal. Suggested Disposition: Receive and File; Council Direction 20 Braig Buol Connors Jones Lynch Resnick Voetb Nays Nays q l� 10. State of the City Address Press release regarding the State of the City Address scheduled for Monday, March 22, 2010 at 7:00 p.m in the Council Chambers at the Historic Federal Building. Suggested Disposition: Receive and File Motion to adjourn at COUNCIL MEMBER REPORTS 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. CLOSED SESSION Pending Litigation and Property Acquisition — Chapter 21.5(1)(c)(j) Code of Iowa Motion to go into Closed Session at Aye 1 / /� Braig J / Buol ✓ / /, j� onnors �/ Jones Lynch Resnick Voe errg 21 Braig Buol Connors Jones Lynch Resnick Vo erg Nays Nays `RECEIVED CITY OF DUBUQUE, IOWA PUBLIC NOTICE OF MEETING 10 MAR 12 AM 9: 09 City Clerk's Uttice Government Body: City Council Dubuque, IA Date: Monday, March 15, 2010 Time: 6:30 PM Regular Session Place of Meeting: Historic Federal Building, 350 W. 6 th Street NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at the time, date and place as set forth above. The TENTATIVE AGENDA for the meeting is as follows: SEE ATTACHED AGENDA This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City of Dubuque, Iowa and /or governmental body holding the meeting. eanne F. Schneider, CMC, City Clerk ANY VISUAL OR HEARING IMPAIRED PERSONS NEEDING SPECIAL ASSISTANCE OR PERSONS WITH SPECIAL ACCESSIBILITY NEEDS SHOULD CONTACT THE CITY CLERK'S OFFICE AT (563) 589 -4120 OR TTY (563) 690 -6678 AT LEAST 48 HOURS PRIOR TO THE MEETING - 4 4 -44 { e. �zv �. /. . zrc� e - mod /4 n/r�e� /Ycile_fffz7 ,r;e1-z4d-e,t/i ,e-leee )‘tJ iroZ,/,414, Z .44 ro-/-46/.1 tct . ,7 ,rz,/xdte,t7/ c"-e>0 )i.ea7;D 4 4 Agel 0 4; 7 7 ate czzi.