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Minutes_City Council Proceedings 9 20 10CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on September 20, 2010 in the Historic Federal Building. Present: Mayor Pro -Tem Braig, Council Members Connors, Jones, Lynch, Resnick, Voetberg (via telephone), City Manager Van Milligen, Assistant City Attorney O'Brien Absent: Mayor Buol Mayor Pro -Tem Braig 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 Sister Dolores McHugh, BVM, Sisters of Charity of the Blessed Virgin Mary PROCLAMATIONS Constitution Week (September 17 — 23, 2010) was accepted by Eileen Coursey, Daughters of the American Revolution, 2222 Central Avenue; Crop Walk Day in Dubuque (October 3, 2010) was accepted by Dorothy Krayer, 1205 Park Street.; Arts and Humanities Month (October 2010) was accepted by Arts and Cultural Affairs Advisory Commission Chairperson Geri Shafer, 1207 Adeline Street, and representatives of the Dubuque Youth Ballet; and Make a Will Month (October 2010) was accepted Make a Will Month Committee Members Ric Jones, 1370 Dunleith Ct.; Joan Ness, 7638 N. Indian Ridge Road, E. Dubuque, IL; and Dave Schmitz, 1317 Curtis Street, CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated with Item #22 Alcohol Compliance - Civil Penalty for Lot One being removed from the agenda. Seconded by Resnick. Motion carried 6 -0. Minutes and Reports Submitted: Airport Commission of 8/2 and 8/16; Arts and Cultural Affairs Advisory Commission of 7/27; Cable Community Teleprogramming Commission of 8/26; City Council of 9/7; Environmental Stewardship Advisory Commission of 9/7; Park and Recreation Commission of 8/10; Transit Board of Trustees of 8/12; Zoning Advisory Commission of 9/1; Zoning Board of Adjustment of 8/26 Proof of publication of the List of Claims and Summary of Revenues for month ended July 31, 2010 Upon motion the documents were received and filed. Notice of Claims /Suits: Susan M. Schetgen for personal injury; Uneka Lewis vs. City of Dubuque, et al. 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: Micah Mork for property damage /vehicle damage; Susan Schetgen for personal injury; Brandon Priem for property damage. Upon motion the documents were received, filed, and concurred. Montrose Terrace Stairs Reconstruction Project: City Manager recommending acceptance of the Montrose Terrace Stairs Reconstruction Project as completed by Max Smith Construction in the final contract amount of $46,880.80. Upon motion the documents were received and filed and Resolution No. 361 -10 Accepting the Montrose Terrace Stairs Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. McAleece Parking Lot Reconstruction Project: City Manager recommending acceptance of the McAleece Parking Lot Reconstruction Project as completed by River City Paving in the final contract amount of $233,866.45. Upon motion the documents were received and filed and Resolution No. 362 -10 Accepting the McAleece Parking Lot Reconstruction Project and authorizing payment of the contract amount to the contractor was adopted. Utility Relocation Project — 9 to 10 Street on Central Avenue: City Manager recommending acceptance of the Utility Relocation Project — 9 to 10 Street on Central Avenue as completed by Top Grade Excavating, Inc., in the final contract amount of $727,373.48. Upon motion the documents were received and filed and Resolution No. 363 -10 Accepting the Utility Relocation Project — 9 to 10 Street on Central Avenue and authorizing payment of the contract amount to the contractor was adopted. Historic White Water Creek Bridge Relocation Project — Phase I: City Manager recommending acceptance of the Historic White Water Creek Bridge Relocation Project — Phase I as completed by Goodwin House Moving, Inc., in the final contract amount of $19,500. Upon motion the documents were received and filed and Resolution No. 364 -10 Accepting the White Water Creek Bridge Relocation Project — Phase I and authorizing payment of the contract amount to the contractor was adopted. Historic White Water Creek Bridge Relocation Project — Phase II: City Manager recommending acceptance of the White Water Creek Bridge Relocation Project — Phase II as completed by Heiar Painting Company in the final contract amount of $54,860. Upon motion the documents were received and filed and Resolution No. 365 -10 Accepting the White Water Creek Bridge Relocation Project — Phase II and authorizing payment of the contract amount to the contractor was adopted. Southwest Arterial Project — Consultant Professional Services — Supplemental Agreement: City Manager recommending approval of the execution of the Consultant Professional Services — Supplemental Agreement with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial project, subject to the concurrence of the Iowa Department of Transportation. Upon motion the documents were received and filed and Resolution No. 366 -10 Approving the Consultant Professional Services — Supplemental Agreement No. 5 with AECOM Technical Services, Inc. for the final engineering design phase of the Southwest Arterial project was adopted. US 151/61 Twin Valley and Maquoketa Drive Safety Improvements: City Manager recommending approval of the issuance of a Request for Proposals (RFP) for consultant 2 services regarding the US 151/61 Twin Valley and Maquoketa Drive Safety Improvements Project. Upon motion the documents were received, filed, and approved. Structural /Stability Analysis of the Dubuque Levee and Floodwall System: City Manager recommending approval of the selection of GEI Consultants to provide a structural /stability analysis of the Dubuque levee and floodwall system. Upon motion the documents were received, filed, and approved. Safe Routes to School Program Funding: City Manager recommending approval of the submission of an application to the Iowa Department of Transportation for a $69,308 Safe Routes to School Infrastructure Grant. Upon motion the documents were received and filed and Resolution No. 367 -10 Authorizing the filing of an application with the Iowa Department of Transportation for a Safe Routes to School Infrastructure Grant Funding for the City of Dubuque was adopted. Five Points Traffic Signal Reconstruction Project: City Manager recommending that the bids received for the Five Points Traffic Signal Reconstruction Project be rejected. Upon motion the documents were received and filed and Resolution No. 368 -10 Rejecting all competitive bids received for the Five Points Traffic Signal Reconstruction Project was adopted. Arts and Economic Prosperity IV Study: City Manager recommending approval of an agreement with Americans for the Arts to conduct an Arts Economic Impact Study in Dubuque. Upon motion the documents were received, filed, and approved. Smart Planning Grant Application: City Manager recommending approval of a letter of support to the Rebuild Iowa Office for a joint Smart Planning Local Comprehensive Planning Grant Application. Upon motion the documents were received and filed and Resolution No. 369 -10 Authorizing Smart Planning Grant Application was adopted. Authorizing Resolutions for Federal Transit Administration (FTA) Applications: City Manager recommending approval of a corrected Authorization Resolution for FTA Applications 2010 which is necessary for the Federal Transit Authority to release KeyLine Transit's federal funding. Upon motion the documents were received and filed and Resolution No. 370 -10 Authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for federal transportation assistance authorized by 48 U.S.C. Chapter 53, Title 23 United States Code and other federal statutes administered by the Federal Transit Administration was adopted. 2010 Justice Assistance Grant (JAG): City Manager recommending acceptance of the 2010 Justice Assistance Grant (JAG) in the amount of $85,521. Upon motion the documents were received, filed, and approved. Consolidated Annual Performance and Evaluation Report (CAPER): City Manager recommending approval of the submission of the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development Department for the period of July 1, 2009 through June 30, 2010. Upon motion the documents were received and filed and Resolution No. 371 -10 Authorizing the submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for the period commencing July 1, 2009 and concluding June 30, 2010, was adopted. 3 Area Residential Care Partnership: City Manager recommending approval of pursuing a Revitalize Iowa Infrastructure Program grant to help fund a west side Keyline transfer center in partnership with Area Residential Care. Upon motion the documents were received, filed, and approved. Washington Neighborhood / Housing Trust Fund Application: City Manager recommending approval of the submission of a Housing Trust Fund Grant Application to the Iowa Finance Authority in the amount of $157,250 for continued support of homeownership activities in the Washington Neighborhood. Upon motion the documents were received and filed and Resolution No. 372 -10 Approving commitment of matching funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted. Homelessness Prevention and Rapid Re- Housing Program: City Manager transmitting the City's response to the U.S. Department of Housing and Urban Development regarding three areas of improvement noted in the recent evaluation of the City's Homelessness Prevention and Rapid Re- Housing Program. Upon motion the documents were received and filed. Dubuque County Board of Supervisors: Communication from the Dubuque County Board of Supervisors advising that a public hearing will be held on September 27, 2010 regarding a Social Host Ordinance for Dubuque County. Upon motion the document was received and filed. Alcohol Compliance — Civil Penalty for Lot One: City Manager recommending acceptance of the Acknowledgement /Settlement Agreement for a second offense alcohol compliance violation for Lot One, 100 Main Street. This item was removed from the agenda. Airport Commission: Communication from Sue Hafkemeyer advising that she is resigning from the Airport Commission. Upon motion the document was received and filed and the resignation accepted. Signed Contracts: Canadian National Railroad Track Easement Release and USTs at Former Public Works Facility. Upon motion the documents were received and filed. Liquor License Transfer: Request of Rotary Club of Dubuque to transfer their liquor license to Kruse / Wartham, 600 Century Drive, on October 16, 2010. Upon motion the documents were 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. 373 -10 Granting the issuance of a Class "B" Beer Permit (5 -Day Special Event) to Chad Remakel for the Josh Ryan Benefit; and Resolution No. 374 -10 Granting the issuance of a Class "LB" (Hotel /Motel) Beer /Liquor License to Hilton Garden Inn /Houlihan Restaurant; a Class "C" Beer /Liquor License to Fiesta Cancun, The District, Grand River Center, Red Robin, Angies' Bar, Fat Tuesday, Grand Tap, Happy's Place and Knicker's Saloon (1 -Day Outdoor Sale); and a Special Class "C" Liquor License (5 -Day Special Event) to Dubuque Jaycees were adopted. ITEMS TO BE SET FOR PUBLIC HEARING 4 Motion by Lynch to receive and file the documents, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 6 -0. Request to Annex — John Knepper: City Manager recommending that a public hearing be set for October 18, 2010 to consider a request from John Knepper to voluntarily annex and rezone 2.79 acres of property on the south side of the City of Dubuque adjacent to Timber - Hyrst Subdivision. Upon motion the documents were received, filed, and approved setting a public hearing for a meeting to commence at 6:30 p.m. on October 18, 2010 in the Historic Federal Building. Request to Annex — Dubuque Metropolitan Area Solid Waste Agency: City Manager recommending that a public hearing be set for November 15, 2010 to consider a request from the Dubuque Metropolitan Area Solid Waste Agency to voluntarily annex and rezone 318.25 acres of property on the west side of the City of Dubuque. Upon motion the documents were received, filed, and approved setting a public hearing for a meeting to commence at 6:30 p.m. on November 15, 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: Airport Commission: One 4 -year term through September 14, 2012 (Term of Czeshinski). Applicants: Dan Nicholson, 889 Walker Street; and Amy Wagner, 4555 Camelot Drive. Mr. Nicholson and Ms. Wagner spoke in support of their appointment. Environmental Stewardship Advisory Commission — Additional Applicants: One 3 -year term through October 1, 2013 (Term of Suarez). Applicants: Will Hoyer, 486 Clarke Drive; Kenneth Miller, 195 Julien Dubuque Drive; Adita Sinha, 900 South Grandview Avenue; Stacy Splittstoesser, 1694 Radford Road, #18. Ms. Sinha and Ms. Splittstoesser spoke in support of their appointment. Appointments to the following Boards /Commissions: Environmental Stewardship Advisory Commission: Two 3 -year terms through October 1, 2013 (Terms of Buelow & Oberdoerster). Applicants: Michael Buelow, 2131 Graham Circle; and Chad Oberdoerster, 420 Summit Street. Motion by Lynch to appoint Michael Buelow and Chad Oberdoerster to the Environmental Stewardship Advisory Commission for 3 -year terms through October 2, 2013. Seconded by Connors. Motion carried 6 -0. Housing Commission: One 3 -year term through August 17, 2013 (Term of Eddy). Applicant: Ricardo Woods, 1535 Bluff Street. Motion by Jones to appoint Ricardo Woods to the Housing Commission for one 3 -year term through August 2013. Seconded by Resnick. Motion carried 6 -0. Transit Advisory Board: One 3 -year term through July 30, 2013 (Term of Scharnau). Applicant: Rhonda Knight, 250 W. 6 Street. Motion by Connors to appoint Rhonda Knight to the Transit Advisory Board for one 3 -year term through July 30, 2013. Seconded by Lynch. Motion carried 6 -0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City 5 Council. Request to Rezone — 5304 Pennsylvania Avenue: Proof of publication on notice of public hearing to consider a request from Bedrock Development, LLC / McFadden Family Partnership to rezone property located at 5304 Pennsylvania Avenue from AG Agricultural District to R -3 Moderate Density Multi - Family Residential District and Zoning Advisory Commission 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. Planning Services Manager Laura Carstens provided a staff report. Ed Graham, 1965 Firestone Drive, Bedrock Development, spoke in support of the request. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 53 -10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 5304 Pennsylvania Avenue from AG Agricultural District to R -3 Moderate Density Multi - Family Residential District. Seconded by Jones. Motion carried 6 -0. Request for Text Amendment: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 5 — Unified Development Code to delete Personal Services as an allowed use in the C -2A Mixed Use Neighborhood District and C -2 Neighborhood Shopping Center District and Zoning Advisory Commission recommending approval. 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 Lynch. Planning Services Manager Laura Carstens provided a staff report adding that personal services include health and beauty care services, which are provided for other areas of the Unified Development Code. Motion carried 6 -0. Motion by Jones for final consideration and passage of Ordinance No. 54 -10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 5, Zoning Districts, to eliminate Personal Services as a permitted use in the C -2 Neighborhood Shopping Center and C -2A Mixed Use Neighborhood Districts. Seconded by Lynch. Motion carried 6 -0. Petition to Vacate a Portion of Van Buren Street at Isborn Avenue: Proof of publication on notice of public hearing to consider vacating and disposing of a portion of Van Buren Street right -of -way to David and Bambi Roth and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 375 -10 Approving the plat of proposed vacated portion of Van Buren Street east of lsborn Avenue; Resolution No. 376 -10 Vacating a portion of Van Buren Street east of lsborn Avenue; and Resolution No. 377 -10 Disposing of City interest in Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 6 -0. Bunker Hill Irrigation Renovation Project: Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimated cost for the Bunker Hill Irrigation Renovation Project and City Manager recommending approval and award of the contract to Midwest Irrigation, LLC in the amount of $159,380. Motion by Jones to receive and file the documents and adopt Resolution No. 378 -10 Approval of plans, specifications, form of contract, and estimated cost for the Bunker Hill Irrigation Renovation Project; and Resolution No. 379 -10 Awarding contract for the Bunker Hill Irrigation Renovation Project. Seconded by 6 Connors. Motion carried 6 -0. Fiscal Year 2011 Budget — Second Amendment: Proof of publication on notice of public hearing to consider the second amendment to the Fiscal Year 2011 Budget and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 380 -10 Amending the Fiscal Year 2011 Budget. Seconded by Jones. Motion carried 6 -0. Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing to consider the issuance of not to exceed $10,100,000 Sewer Revenue Capital Loan Notes and City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 381 -10 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $10,100,000 Sewer Revenue Capital Loan Notes. Seconded by Connors. Motion carried 6 -0. Upon motion the rules were suspended limiting discussion to the City Council. ACTION ITEMS Implementation of Intercultural Competency Training: City Manager recommending approval of a pilot training program for implementation of the Intercultural Competency Training for Board and Commission members as recommended by the Safe Community Task Force. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6 -0. Circles Program: City Manager advising that the City is going to begin implementing the Bridges Initiative, which is the umbrella concept that incorporates three programs: Bridges Out of Poverty training, Getting Ahead in a Just - Gettin' -By World training and the Circles Program, which is consistent with the Safe Community Task Force recommendation regarding a major City -wide human relations effort. Motion by Jones to receive and file the documents. Seconded by Connors. Motion carried 6 -0. 1t 9/29 COUNCIL MEMBER REPORTS Jones thanked the representatives of the Dubuque Youth Ballet for attending and reported on the specifics of the state -of- the -art fire truck on display prior to the meeting. CLOSED SESSION Motion by Jones at 7:25 p.m. to go into closed session to discuss security procedures and emergency preparedness matters pursuant to Chapter 21.5(1) Code of Iowa. Seconded by Lynch. Motion carried 6 -0. Upon motion the City Council reconvened in open session at 7:50 p.m. stating that staff had been give proper direction. There being no further business, upon motion the City Council adjourned at 7:51 p.m. /s /Jeanne F. Schneider, CMC City Clerk 7