Loading...
Minutes_City Council Proceedings 10 18 10 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on October 18, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Connors, Jones, Lynch, Resnick, Voetberg, Acting City Manager Carstens, City Attorney Lindahl Absent: Council Member Braig, City Manager Van Milligen 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 Dianne Christopher of St. Luke's Methodist Church. PRESENTATION Iowa Wellness Council's Healthy Community Award was presented by Health Services Manager Mary Rose Corrigan. PROCLAMATION Dubuque Weatherization Challenge Day was accepted by Thomas Stovall, Operation: New View Community Action Agency, 1473 Central Avenue; and Laura Roussell, Black Hills Energy, 1015 Cedar Cross Road. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated except for (#12) National Mississippi River Museum and Aquarium Rivers Center Project – Phase II, which was removed from the agenda. Seconded by Resnick. Motion carried 6-0. Minutes and Reports Submitted: City Council of 10/4 and 10/12; Community Development Advisory Commission of 9/7; Human Rights Commission of 9/13; Zoning Advisory Commission of 10/6; Zoning Board of Adjustment of 9/23 Proofs of publication of City Council Proceedings of September 20, 2010 and List of Claims and Summary of Revenues for Month Ended August 31, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Gregory Doser for vehicle damage; William J. Millman for vehicle damage; Mark and Kim Tranel for property damage; Anne Holmberg 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: Gregory Doser for vehicle damage; William J. Millman for vehicle damage; Mark and Kim Tranel for property damage. Upon motion the documents were received, filed and concurred. Replacement of Solid Waste Collection Vehicle: City Manager recommending approval of the replacement of solid waste collection vehicle #3419 subject to a future budget amendment. Upon motion the documents were received, filed, and approved. Camille Blackbourn Claim: Communication from Bradley T. Boffeli, Blair & Fitzsimmons, P.C., requesting that the claim of Camille Blackbourn for vehicle damage be reviewed. Upon motion the document was received, filed and referred to the City Attorney. Iowa Department of Transportation: Official notification that the Iowa Department of Transportation proposes to let a HMA (Hot Mix Asphalt) Joint and Crack Sealing project nd located on US 52 from 32 Street northerly to Iowa 32 in Dubuque on December 21, 2010. Upon motion the document was received and filed. Plat of Survey – Lott Addition: Zoning Advisory Commission recommending approval of the Plat of Survey of 637 Arlington Street as requested by Dave Schneider / David and Julie Lott. Upon motion the documents were received and filed and Resolution No. 396-10 Approving the Plat of Survey of Lott Addition in the City of Dubuque, Iowa, was adopted. Final Plat – Westwood Heights No. 2: Zoning Advisory Commission recommending approval of the Final Plat of Lot 1 and Lot 2 of Westwood Heights No. 2 in the County of Dubuque, Iowa. Upon motion the documents were received and filed and Resolution No. 397-10 Approving the Final Plat of Lot 1 and Lot 2 of Westwood Heights No. 2 in the County of Dubuque was adopted. Sustainable Dubuque Task Force: Communication from the Iowa Chapter of the American Planning Association advising that the Sustainable Dubuque planning process has been selected to receive the Chapter’s Excellence Award for Innovation for Sustaining Places. Upon motion the document was received and filed. School Resource Officer Agreement: City Manager recommending approval of the Fiscal Year 2010/2011 School Resource Officer agreement between the City of Dubuque Police Department and the Dubuque Community School District. Upon motion the documents were received, filed, and approved. Dubuque Industrial Center West-North Siegert Farm Phase III – PCC Paving and Utilities Project: City Manager recommending acceptance of the Dubuque Industrial Center West-North Siegert Farm Phase III – PCC Paving and Utilities Project, as completed by Horsfield Construction, Inc., in the final contract amount of $693,058.70. Upon motion the documents were received and filed and Resolution No. 398-10 Accepting the Dubuque Industrial Center West-North Siegert Farm Phase III – PCC Paving and Utilities Project and authorizing payment of the contract amount to the contractor was adopted. I-JOBS Agreement – Lower Bee Branch Creek Restoration Project: City Manager recommending approval of the I-JOBS Grant Agreement for the Lower Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 399-10 Authorizing the execution of a Grant Agreement with the Iowa Jobs Board and the Iowa Finance Authority as required for the City’s receipt of $3,965,500 in State I-JOBS funding for 2 the Lower Bee Branch Creek Restoration Project was adopted. National Mississippi River Museum and Aquarium Rivers Center Project – Phase II: This item was removed from the agenda. Asbury Plaza No. 12: City Manager recommending that the developer of Asbury Plaza No 12, Rubloff Development Group, Inc., be required to install street lighting in 2010 and be given until July 1, 2011, to complete the public improvements as required by the Resolution approving the Final Plat. Upon motion the documents were received and filed and Resolution No. 400-10 Amending Resolution No. 387-04 Approving the Final Plat of Asbury Plaza No. 12 in the City of Dubuque, Iowa, was adopted. North Grandview Avenue and Rosedale Avenue Storm Sewer Repair: City Manager recommending approval of the emergency repairs of the North Grandview Avenue and Rosedale Avenue Storm Sewer Repair Project, and to solicit informal bids for the project through adoption of the attached resolution. Upon motion the documents were received and filed and Resolution No. 401-10 Authorizing emergency repairs to the storm sewer at North Grandview Avenue and Rosedale Avenue was adopted. 2010 Public Right-of-Way Sidewalk Repair Assessment Project: City Manager recommending approval of the final assessment schedule for the 2010 Public Right-of-Way Sidewalk Repair Assessment Project. Upon motion the documents were received and filed and Resolution No. 402-10 Adopting the final assessment schedule for the 2010 Public Right-of- Way Sidewalk Repair Assessment Project was adopted. Historic Millwork District Development: Communication from Jill Connors, Gronen Restoration, to Michael Brannon, President of the Dubuque Community School District, regarding the DCSD’s Facilities Global Strategy. Upon motion the document was received and filed. Termination of Lease – ABC Supply: City Manager recommending approval of the termination of the current lease with ABC Supply. Upon motion the documents were received, filed, and approved. International Economic Development Council (IEDC): Media release announcing that East Central Intergovernmental Association received an Excellence in Economic Development Award for their AccessMyFuture.com – Find Your Road to Success in the category of Special Purpose Website from the International Economic Development Council (IEDC). Upon motion the document was received and filed. Hillcrest Family Services Agreement: City Manager recommending approval of an agreement with Hillcrest Family Services for the use of Murphy Park from October 30th through January 10th to set up a holiday light display. Upon motion the documents were received, filed, and approved. Assistance to Firefighter Grant Application: City Manager recommending approval of an Assistance to Firefighter Grant Program application to the U.S. Department of Homeland Security for public education, inspection and equipment funding. Upon motion the documents were received, filed, and approved. 3 Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager recommending approval of the submission of delinquent water, sewer, refuse and storm water collection accounts to the Dubuque County Treasurer. Upon motion the documents were received and filed and Resolution No. 403-10 Adopting the Schedule of Assessments for delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to certify the schedule of assessments to the County Treasurer and to publish notice thereof was adopted. Storm Water Utility Revenue Capital Loan Notes, Series 2010G: City Manager recommending approval of the final proceedings providing for the issuance of $7,850,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010G. Upon motion the documents were received and filed and Resolution No. 404-10 Approving and authorizing a form of Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $7,850,000 Storm Water Utility Revenue Capital Loan Notes, Series 2010G, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes was adopted. Legislative Correspondence: Communication from Senator Charles Grassley regarding the Transit Investment for Greenhouse Gas and Energy Reduction (TIGGER) application submitted by the City of Dubuque. Upon motion the document was received and filed. Liquor License Refunds: Refund of K-Chap Foods, Inc. Beer Permit No. BC 0013779 in the amount of $56.25; Refund of Mr. Rogers Pub LLC Class C Liquor License No. LC0035906 in the amount of $295.75. Upon motion the documents were received and filed and the refunds approved. Cigarette and 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. 405-10 Granting the issuance of one new cigarette license to Kohinoor Grocers; Resolution No. 406-10 Granting the issuance of a Class “B” Beer Permit to Happy Joe’s Ice Cream and Pizza Parlor and a Class “C” Beer Permit to Target Store and Big 10 Mart Car Wash; and Resolution No. 407-10 Granting the issuance of a Class “C” Beer/Liquor License to Manna Java World Café, Europa Haus & Bierstube, The Bank Bar & Grill, Jumper’s Sports Bar, Rainbow Lounge, Dog House Lounge and Crust Italian Kitchen; a Special Class “C” Liquor License to HuHot Mongolian Grill; and a Class “B” Wine Permit to Crust Italian Kitchen and Target Store were adopted. ITEM TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolution, set the public hearing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 6-0. Sale of Property – 2015 Washington Street: City Manager recommending that a public hearing be set for November 1, 2010 to consider the sale of property located at 2015 Washington Street to Jerry Chase and Julie Woodyard. Upon motion the documents were received and filed and Resolution No. 408-10 Resolution of intention to dispose of City-owned 4 property, specifically, the northerly 46 feet of Lot 20 in Steiner’s Addition or Subdivision in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 2015 Washington Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 1, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Housing Trust Fund Advisory Committee. One 3-year term through September 8, 2013 (Term of Walsh). Applicant: John Walsh, 3116 Spring Valley Road. Motion by Lynch to appoint John Walsh to the Housing Trust Fund Advisory Committee for a three-year term through September 8, 2013. Seconded by Jones. Motion carried 6-0. PUBLIC HEARINGS Request to Rezone – End of Radford Court: Proof of publication on notice of public hearing to consider a request from John Herrig / Flint Drake / Radford Development, LLC, to rezone property located at the end of Radford Court from C-2 Neighborhood Shopping Center District to R-4 Multi-Family Residential District and Zoning Advisory Commission recommending approval. Communication from Planning Services Manager Laura Carstens advising that 31.7% of the adjacent property owners within 200 feet of the rezoning are in opposition; therefore, a super- majority vote of the City Council is necessary to approve the rezoning request. Communication from Mark J. Sullivan requesting that the proposed rezoning of property located on Radford Court be tabled to November 15, 2010. Communication and petition from Mark J. Sullivan in opposition to the proposed rezoning. Communication from Flint Drake requesting that the proposed rezoning of property located on Radford Court be tabled to November 1, 2010. Motion by Jones to table the proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the end of Radford Court from C-2 Neighborhood Shopping Center District to R-4 Multi-Family Residential District to November 15, 2010. Seconded by Lynch. Motion carried 6-0. Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone – Property South of Creekwood Drive: Proof of publication on notice of public hearing to consider a request from Davin Curtiss (representing John Knepper) to rezone property located south of Creekwood Drive, in conjunction with annexation, from County C-1 and R-2 to City R-1 Single-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 Lynch. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 56-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property, in conjunction with annexation, located south of Creekwood Drive from County C-1 and R-2 to City R-1 Single-Family Residential District. 5 Seconded by Jones. Motion carried 6-0. Request to Annex – John Knepper: Proof of publication on notice of public hearing 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 and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 409-10 Approving application for voluntary annexation of territory to the City of Dubuque, Iowa. Seconded by Jones. Motion carried 6-0. Request to Rezone – 40, 42, 44 and 48 Main Street: Proof of publication on notice of public hearing to consider a request from Jay Freeberry to rezone property located at 40, 42, 44 and 48 Main Street from C-3 General Commercial and C-4 Downtown Commercial District to OC Office Commercial 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 Voetberg. Developer Chris Miller, 44 Main LLC, 1415 Foulk Road, Wilmington, Delaware, spoke in support of the proposed ordinance on behalf of the applicant. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 57-10 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 40, 42, 44 and 48 Main Street from C-4 Downtown Commercial District to OC Office Commercial District. Seconded by Voetberg. Motion carried 6-0. 44 Main, LLC – Development Agreement: Proof of publication on notice of public hearing to consider the issuance of not to exceed $350,000 Urban Renewal Tax Increment Revenue Bonds and a proposed Development Agreement with 44 Main, LLC and City Manager recommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 410-10 Instituting proceedings to take additional action for the issuance of not to exceed $350,000 Urban Renewal Tax Increment Revenue Notes; and Resolution No. 411- 10 Authorizing and providing for the issuance of $337,000 Urban Renewal Tax Increment Revenue Notes, Taxable Series 2010H (44 Main, LLC Project) of the City of Dubuque, Iowa, and providing for the securing of such notes for the purpose of carrying out an Urban Renewal Project in the area of the City of Dubuque, Iowa, designated as the Greater Downtown Urban Renewal District. Seconded by Jones. Responding to questions from City Council, Economic Development Director Dave Heiar stated that this project has helped satisfy some of the need for downtown housing and a request for proposals for additional units is planned pending approval. Motion carried 6-0. Amended and Restated Development Agreement – Conlon Johnson Development, LLC: Proof of publication on notice of public hearing to consider an Amended and Restated Development Agreement with Conlon / Johnson to accommodate the Company’s continued growth in the Technology Park and City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 412-10 Approving an Amended and Restated Development Agreement providing for the sale of Lot 2-1 of Dubuque Technology Park No. 3, in the City of Dubuque, Iowa, according to the recorded plat thereof to Conlon Johnson Development, LLC. Seconded by Connors. Motion carried 6-0. 6 Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Resolution of Support: Communication from Arnie Honkamp and Dan Hammel requesting that City Council adopt a Resolution of Support for the referendum on the continuation of gaming in Dubuque County. Motion by Jones to receive and file the documents and adopt Resolution No. 413-10 Supporting the referendum on the continuation of gaming in Dubuque County, Iowa. Seconded by Voetberg. Motion carried 6-0. Amendment to Development Agreement – 40 Main, LLC: City Manager recommending approval of the Third Amendment to the Development Agreement with 40 Main, LLC and authorize agreements to allow for refinancing of the project. Motion by Connors to receive and file the documents and adopt Resolution No. 414-10 Approving the Third Amendment to the 40 Main, LLC Development Agreement. Seconded by Voetberg. Motion carried 6-0. Downtown Housing Incentive Program: City Manager recommending approval of projects by Bonson Block, LLC and 44 Main, LLC to receive incentives to create new housing units within the Greater Downtown Urban Renewal District and the issuance of a Request for Proposals for a third round of applications. Motion by Lynch to receive and file the documents and adopt Resolution No. 415-10 Approving an award to Bonson Block, LLC and 44 Main, LLC from the Downtown Housing Incentive Pool to create new market-rate housing units within the Greater Downtown Urban Renewal District and recommend closeout of the second round of applications for the incentive program and authorizing the City Manager to solicit proposals for a third round of applications. Seconded by Voetberg. Motion carried 6-0. th 18 Street Office Building Renovation – Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals to seek qualified firms th interested in providing architectural design and construction administration services for the 18 Street Office Building Renovation Project and authorize the City Manager to negotiate and execute the contract. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 6-0. Community Development Block Grant Award to CARADCO Project: City Manager recommending that he be authorized to indicate to the Iowa Department of Economic Development the City’s interest in accepting a $3 million Community Development Block Grant award for the CARADCO project. Motion by Voetberg to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 6-0. Safe Community Task Force: City Manager transmitting information on the Dubuque Police Department’s response to two Safe Community Task Force recommendations – (1) direct the Police Department to enforce noise ordinances more aggressively and (2) direct the Police Department to enforce traffic ordinances more aggressively. Motion by Connors to receive and file the documents. Seconded by Lynch. Connors commended the success and work of the Police Department. Motion carried 6-0. Dubuque Community School District School Closure Options: City Manager recommending approval of the transmittal of the City of Dubuque’s report on the proposed public school closure options being considered by the Dubuque Community School District to the Dubuque 7 Community School District Board of Directors and request that the Board reconsider their decision. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. With the Mayor’s approval, School Board President Mike Brannon, 489 So. Grandview Avenue, spoke regarding the District’s original intent and the School Board’s current recommendation to direct administration to comprehensively redesign its facilities planning process through consensus with a new time line and community feedback. Motion carried 6-0. CLOSED SESSION Motion by Jones at 7:46 p.m. to go into closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Voetberg. Motion carried 6-0. 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 1t 10/27 8