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Minutes_City Council Proceedings 6 7 10 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on June 7, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, Assistant City Manager Steinhauser, City Attorney Lindahl 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 Pastor Jay Ilten of St. John's Lutheran Church. PROCLAMATION Apples for Children (June and July, 2010) was accepted by Karen Tuecke of St. Mark’s Community Center. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Braig. Jones requested (#18) Veteran’s Memorial Plaza be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/24; City Council of 5/17; Civil Service Commission of 4/27; Housing Commission of 4/27; Mechanical Board of 5/19; Plumbing Board of 5/12 Proof of publication of City Council Proceedings of May 3, 2010 Official Proceedings of the City Council for Calendar Year 2009 Upon motion the documents were received and filed. Notice of Claims/Suits: Enterprise for vehicle damage; Tri-State Property for property damage; Robert Smith for property damage. 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: Enterprise for vehicle damage; Tri-State Property for property damage. Upon motion the documents were received, filed and concurred. Acceptance of Warranty Deed – Inland Protein Corporation: City Manager recommending approval of the acceptance of the warranty deed from Inland Protein Corporation for the purchase of land necessary for the Water Pollution Control Plant improvements. Upon motion the documents were received and filed and Resolution No. 166-10 Accepting the warranty deed to Lot 2 of Inland Molasses Place No. 2 in the City of Dubuque, Dubuque County, Iowa from Inland Protein Corporation was adopted. Dubuque Racing Association Agreement: City Manager recommending approval of an amendment to the Lease Agreement between the City of Dubuque and the Dubuque Racing Association. Upon motion the documents were received, filed, and approved. Prescott Street Retaining Wall: City Manager recommending that the award for the Prescott Street Retaining Wall Project to Tschiggfrie Excavating, Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received and filed. Final Plat – Felderman Subdivision: City Manager recommending approval of the final plat of Felderman Subdivision as requested by Various Arboretum, LLC (Greg Adams). Upon motion the documents were received and filed and Resolution No. 167-10 Approving final plat of Felderman Subdivision in the City of Dubuque, County of Dubuque, Iowa, was adopted. DuRide Contract: City Manager recommending approval of an agreement with DuRide to provide alternative transportation to senior citizens for Fiscal Year 2011. Upon motion the documents were received, filed, and approved. East Central Intergovernmental Association: City Manager recommending approval of a $1,500 contract with East Central Intergovernmental Association for grant administration services for the $1.5 million U.S. Economic Development Administration parking ramp grant. Upon motion the documents were received and filed and Resolution No. 168-10 Approving the contract for administration of an Economic Development Administration Grant to the East Central Intergovernmental Association was adopted. Continuation of Free Ride Program with Dubuque Community Schools: City Manager recommending approval of the continuation of the Free Ride Program with Dubuque Community Schools. Upon motion the documents were received, filed, and approved. Snow and Ice Removal Assessments: City Manager recommending approval to certify snow and ice removal charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 169-10 Authorizing the City to collect delinquent snow and ice removal 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, was adopted. Vacant and Abandoned Buildings (VABs) and Problem Property Assessments: City Manager recommending approval of vacant and abandoned building and problem property assessments. Upon motion the documents were received and filed and Resolution No. 170-10 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6-6-3B1h; Title l6-6-4B3 and Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. Eide Bailly Audit Agreement: City Manager advising that the Eide Bailly Audit Engagement Letter has been signed for the fiscal year ending June 30, 2010. Upon motion the documents were received and filed. 2010 Justice Assistance Grant (JAG) Application: City Manager recommending approval of the 2010 Justice Assistance Grant (JAG) application. Upon motion the documents were received, filed, and approved. 2 Health Choices Administrative Services Fee: City Manager recommending approval of the renewal fee from Health Choices for the City’s health insurance plan. Upon motion the documents were received, filed, and approved. Joint Development Agreement – International Business Machines: City Manager recommending approval of Amendment #2 to the Joint Development Agreement between the City of Dubuque and International Business Machines Corporation to conform the Joint Development Agreement to language in the final contract between the City and the Iowa Power Fund Board. Upon motion the documents were received, filed, and approved. Bosserman Aviation Equipment, Inc. – Airport Settlement: Assistant City Attorney recommending approval of the settlement of the claim with Bosserman Aviation Equipment, Inc. regarding installation of a self-fueling system for the Airport. Upon motion the documents were received, filed, and approved. Funders’ Network for Smart Growth and Livable Communities: City Manager submitting the complete memo regarding the Funders’ Network for Smart Growth and Livable Communities th which the City Council approved at the May 17 City Council meeting. Upon motion the documents were received and filed. Veterans Memorial Plaza: Communication from Richard E. Goebel regarding the Veterans Memorial Plaza. Motion by Jones to receive and file the documents and refer to the City Manager. Seconded by Connors. Motion carried 7-0. Music on the March: Communication from Greg Orwoll, Executive Director – Colts Drum and Bugle Corps, requesting an exemption from the noise ordinance and any enforcement of thth residential parking permit rules in and around Senior High School on June 30 and August 8 for the Music on the March Shows. Upon motion the documents were received, filed, and approved. Board and Commission Resignations: Communication from Beverly A. Kolz submitting her resignation from the Carnegie-Stout Public Library Board of Trustees. Communication from Jim Allan submitting his resignation from the Human Rights Commission. Communication from Susan M. Balsamo submitting her resignation from the Civic Center Commission. Upon motion the documents were received and filed and the resignations accepted. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Truck Driver. Upon motion the document was received and filed and made a Matter of Record. City Development Board: Communication from the City Development Board submitting the Filing of Written Decision and Findings of Fact and Conclusions of Law and Determination in the matter of the City of Asbury voluntary annexation within the urbanized area of the City of Dubuque. Upon motion the documents were received and filed. 3 Highway 151 & 61 Development – Setting Fair Market Value: City Manager recommending approval of the fair market value for property owned by Highway 151 & 61 Development for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 171-10 Establishing the fair market value of certain real property owned by Highway 151 & 61 Development was adopted. SB Development – Setting Fair Market Value: City Manager recommending approval of the establishment of the fair market value for property owned by SB Development for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 172-10 Establishing the fair market value of certain real property owned by SB Development, LLC in the City of Dubuque, Iowa, was adopted. Letter of Support for Harkin Wellness Grant: City Manager recommending approval of a letter of support for the Dubuque County Board of Health’s application for a Harkin Wellness Grant. Upon motion the documents were received, filed, and approved. COPS Grant Application: City Manager recommending approval of a Community Oriented Policing Services (COPS) Hiring Recovery Grant application for the purpose of obtaining grant funding for four police officer positions. Upon motion the documents were received, filed, and approved. Signed Contracts: Northern Illinois University – Crime/Poverty Research Study. 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. 173-10 Granting the issuance of a Class “C” Beer Permit to Beecher Beverage, McCann’s Service, Cedar Cross Amoco, Kwik Star #495 and Kmart #4018; and Resolution No. 174-10 Granting the issuance of a Class “C” Beer/Liquor License to Dubuque Bowling Lanes, Murph’s South End and Los Aztecas; a Class “B” Wine Permit to Kmart #4018 and Beecher Beverage; a Special Class “C” (Five Day Special Event) Beer/Liquor License to Dubuque Jaycees; and a Class “BW” (Five Day Special Event) Liquor License to Dubuque Jaycees 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. Loan Agreement with Iowa Finance Authority: City Manager recommending that a public hearing be set for June 21, 2010 to consider a loan agreement with the Iowa Finance Authority for $4.5 million to create workforce housing rental units in the Historic Millwork District. Upon motion the documents were received and filed and Resolution No. 175-10 Fixing date for a meeting on the authorization of a loan agreement with the Iowa Finance Authority in the principal amount of $4,500,000 and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. 4 Victory Café – Development Agreement: City Manager recommending that a public hearing be set for June 21, 2010 to consider approval of a Development Agreement between the City and Victory Café – Dubuque, Inc., to redevelop property at 756 Main Street. Upon motion the documents were received and filed and Resolution No. 176-10 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with the Victory Café – Dubuque, Inc., and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. Dubuque Regional Airport – Jet Drive Resurfacing Project: City Manager recommending initiation of the public bidding process for the Dubuque Regional Airport – Jet Drive Resurfacing Project and that a public hearing be set for June 21, 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. 177-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Dubuque Regional Airport – Jet Drive Resurfacing Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project: City Manager recommending initiation of the public bidding process for the IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project and that a public hearing be set for June 21, 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. 178- 10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the IA 32 Geometric and Signalization Improvements – US 20 to JFK Road Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. thth Green Alley Project – 15 to 16 Streets from Washington to Elm Streets: City Manager thth recommending initiation of the public bidding process for the Green Alley Project – 15 to 16 Streets from Washington to Elm Streets and that a public hearing be set for June 21, 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. 179-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and thth ordering bids for the Green Alley Project – 15 to 16 Streets from Washington to Elm Streets was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. Tenth and Central Parking Ramp and Fire Headquarters Expansion Project: City Manager recommending initiation of the public bidding process for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project and that a public hearing be set for June 21, 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. 180-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Tenth and Central Parking Ramp and Fire Headquarters Expansion Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. 5 Neighborhood Stabilization Program: City Manager recommending that a public hearing be set for June 21, 2010 to consider approval of an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program (NSP) funds. Upon motion the documents were received and filed and Resolution No. 181-10 Setting a public hearing on an application to the Iowa Department of Economic Development (IDED) for Neighborhood Stabilization Program funds was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 21, 2010 in the Historic Federal Building. Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District: City Manager recommending that a public hearing be set for July 19, 2010 to consider an amendment to the Urban Renewal Plan for the Greater Downtown Urban Renewal District to add the Bluff Street Subarea. Upon motion the documents were received and filed and Resolution No. 182-10 Resolution of necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of a blighted area under the Urban Renewal Law and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 19, 2010 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: Arts and Cultural Affairs Advisory Commission (Arts Community Representatives). Four 3- year terms through June 30, 2013 (Terms of Hemmer, Kames, Kohl, Riedel). Applicants: Thomas Goodman, 3559 Copper Field Court; Paul Hemmer, 2375 Simpson Street; Louise Kames, 900 Clarke Drive; Paul Kohl, 60 Lindberg Terrace; Marina O’Rourke Rosenow, 2085 Mullen Road; Susan Riedel, 282 Kelly’s Bluff. Mr. Goodman, Mr. Kohl, Ms. O’Rourke, and Ms. Riedel spoke in support of their appointment. Ms. Kames submitted correspondence in support of her appointment. Civic Center Commission: Three 4-year terms through June 29, 2013 (Terms of Bakke, Balsamo, Kurt). Applicants: Rod Bakke, 3030 Karen Street; Marilynne Field, 1805 Eden Lane; Barb Kurt, 1304 Atlantic Street. Historic Preservation Commission (Jackson Street Historic District). One 3-year term th through July 1, 2013 (Term of McDonell). Applicant: Robert McDonell, 135 West 17 Street. Human Rights Commission: One 3-year term through January 1, 2011 (Term of Allan). Applicants: Frederick Davis, Jr., 2374 Green Street; Robert Yunk, 815 Rose Street, Apt. 2. Mr. Davis and Mr. Yunk spoke in support of their appointment. Investment Oversight Advisory Commission: One 3-year term through July 1, 2013 (Term of Reisdorf). Applicant: Stephen Reisdorf, 740 Brookview Square. Library Board of Trustees: Two 4-year terms through July 1, 2014 (Terms of Guns and Kolz). Applicants: Diann Guns, 1715 Diane Court; Fred Miller, 2462 Central Avenue; Gail Murphy, 3097 Oak View Court; Lorri Regan, 2659 Queen Street. Ms. Guns, Mr. Miller and Ms. Murphy spoke in support of their appointment. Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2013 (Terms of Prochaska and Winterwood). Applicants: Lou Oswald, 1080 Nowata Street; James Prochaska, 1410 Parkway Street; Charles Winterwood, 1555 Montrose Terrace. Mr. Prochaska submitted correspondence in support of his appointment. 6 Park and Recreation Commission: Three 3-year terms through June 30, 2013 (Terms of th Harjehausen, Hoffmann, Lyness). Applicants: Shane Duncan, 623 West 8 Street; Don Foley, 2489 Wheatland Drive; Charles Harris, 2473 Jackson Street; Paul Hoffman, 174 Bradley Street; Kenneth Klinge, 2267 Carter Road; Karen Lyness, 89 Alpine Street; David Schlueter, 2645 Crescent Ridge. Each applicant, with the exception of Mr. Klinge, spoke in support of their appointment. TV Cable Regulatory Commission: One 3-year term through June 30, 2013 (Term of Stevens). Applicant: Kevin Stevens, 1735 Lawndale Street. Zoning Advisory Commission: Two 3-year terms through July 1, 2010 (Terms of Norton and Stiles). Applicants: Patrick Norton, 2739 Burden Avenue; Jeff Stiles, 3087 Central Avenue. Mr. Norton and Mr. Stiles spoke in support of their appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Dubuque Industrial Center – Planned Unit Development District (Tabled on December 7, 2009): City Manager requesting that this item be tabled to December 20, 2010. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with conditions. Motion by Voetberg to remove from the table, receive and file the documents and table until December 20, 2010 a proposed ordinance amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07. Seconded by Resnick. Motion carried 7-0. Sale of Property – 1523 Elm Street: Proof of publication on notice of public hearing to consider the sale of property located at 1523 Elm Street to Ruth Jurisic and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 183-10 Disposing of City-owned property, specifically the south one-half of Lot 148 and the south one foot of the north one-half of Lot 148 in East Dubuque, an addition to the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof – 1523 Elm Street. Seconded by Braig. Motion carried 7-0. Sale of Property – 1925 Washington Street: Proof of publication on notice of public hearing to consider the sale of property located at 1925 Washington Street to Robert Mootz and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 184-10 Disposing of City-owned property, specifically, Lot 6 of Mineral Lot 100 in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof – 1925 Washington Street. Seconded by Braig. Motion carried 7-0. McAleece Ballpark Parking Lot Reconstruction Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the McAleece Ballpark Parking Lot Reconstruction Project and City Manager recommending 7 approval. Motion by Jones to receive and file the documents and adopt Resolution No. 185-10 Approving plans, specifications, form of contract, and estimated cost for the McAleece Ballpark Parking Lot Reconstruction Project. Seconded by Connors. Motion carried 7-0. Kaufmann Avenue Resurfacing Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Kaufmann Avenue Resurfacing project and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 186-10 Approving plans, specifications, form of contract, and estimated cost for the Kaufmann Avenue Resurfacing Project. Seconded by Voetberg. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Bee Branch Creek Restoration – Building Deconstruction Project: City Manager recommending award of the Bee Branch Creek Restoration – Building Deconstruction Project to Gronen Restoration, Inc., in the amount of $224,025.15 for the deconstruction of 15 buildings, Tschiggfrie Excavating in the amount of $402,060.00 for the deconstruction of 24 buildings and Ted Stackis Construction in the amount of $60,000 for the deconstruction of 4 buildings. Bee Branch Deconstruction Outline from Gronen Restoration. Motion by Connors to receive and file the documents and adopt Resolution No. 187-10 Awarding public improvement contract for the Bee Branch Creek Restoration – Building Deconstruction Project (Gronen Restoration, Inc.); Resolution No. 188-10 Awarding public improvement contract for the Bee Branch Creek Restoration – Building Deconstruction Project (Tschiggfrie Excavating); and Resolution No. 189-10 Awarding public improvement contract for the Bee Branch Creek Restoration – Building Deconstruction Project (Ted Stackis Construction). Seconded by Braig. Motion carried 7-0. Memorandum of Understanding – Sustainable Neighborhood Builders, Inc.: City Manager recommending approval of a Memorandum of Understanding between the City and Sustainable Neighborhood Builders, Inc., to redevelop property located at 1079 Elm Street. Motion by Connors to receive and file the documents and adopt Resolution No. 190-10 Approving a Memorandum of Understanding with Sustainable Neighborhood Builders, Inc., for the redevelopment of 1079 Elm Street. Seconded by Lynch. Responding to questions from City Council, Economic Development Director Dave Heiar stated Phase I includes approximately 72-75 units and that details will be outlined in the development agreement. Heiar clarified funding sources and loan security. Motion carried 7-0. Montrose Terrace Stairs Reconstruction and Citizen Petition: City Manager recommending that the City proceed with reconstruction of the Montrose Terrace stairs. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Connors. Responding to questions from City Council, City Engineer Gus Psihoyos stated that citizens have continued to use the stairs since they were closed adding that the City would offer the property to adjacent property owners should it abandon and remove the stairs. Voetberg suggested resolving the area’s parking issues. Resnick cited safety issues and supported walkable neighborhoods. Motion carried 5-2 with Jones and Braig voting nay. 8 Smarter Sustainable Dubuque Project: City Manager transmitting a response to questions posed by the City Council regarding the Smarter Sustainable Dubuque project and requesting that a work session be scheduled for Monday, August 9, 2010 to provide an overview and update on the Smarter Sustainable Dubuque project. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Project Manager David Lyons provided a slide presentation that addressed questions previously asked by Council. Braig requested that privacy issues be discussed at the work session. Voetberg expressed his concerns about continuation of the project after the pilot phase is complete. Motion carried 7-0. McAleece BMX Bicycle Course: City Manager recommending approval of the creation of a BMX bicycle course at the McAleece Recreation area at a cost of $6,000, using volunteer bike enthusiast’s assistance. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Connors. Responding to questions from City Council, Recreation Division Manager Pat Prevenas stated that there is adequate bike access to the course. Motion carried 7-0. Dubuque County Empowerment: Communication from Wayne Demmer, Chair, Dubuque County Empowerment Board Development Committee, issuing an invitation for a City Council representative to serve on the Board Development Committee. Motion by Voetberg to receive and file the document and table until June 21, 2010. Seconded by Braig. Voetberg requested more information on meeting dates and times. Motion carried 7-0. COUNCIL MEMBER REPORTS Jones reported that the river boat Mississippi Queen is being scrapped, the American Queen is for sale, and the Delta Queen is permanently docked as a hotel in Chattanooga, Tennessee. Connors requested information on parking meter revenue and fines on Saturdays during 8 to noon and noon to 5 p.m. within the last six months to one year time frame. PUBLIC INPUT Phil French, 1035 Rockdale Road, informed City Council of his experiences cleaning out Section 8 housing units, and stated his concerns regarding community crime, drug and safety issues. There being no further business, upon motion the City Council adjourned at 8:28 p.m. /s/Jeanne F. Schneider, CMC City Clerk 1t 6/16 9