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11 15 10 Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, NOVEMBE 1, 2010 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESS T: MAYOR Bl9OL, COUNCIL MEMBERS al i RESNt'CK VO RG , �F,'FB'E CITY MANAGER VAN Mil LIGEN• CITY ATTOR Y 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 Major Tom Mason, Salvation Army PRESENTATION International Livable Communities Award — PROCLAMATION Five Flags Theater 100 Anniversary Week Cori Burbach (November 15 — 20, 2010)/ CONSENT ITEMS 2 e Buol Connors Jones Lynch Resnick erg Braig Nays Minutes and Reports Submitted Cable TV Regulatory Commission of 4/14; Cable TV Teleprogramming Commission of 9/14; City Council of 11/1; Community Development Advisory Commission of 10/6; Investment Oversight Commission of 10/27; Park and Recreation Commission of 10/12; Zoning Advisory Commission of 11/3; Zoning Board of Adjustment of 10/27 Proof of publication of City Council Proceedings of October 18, 2010 Library Board of Trustees Update from the Meeting of September 30, 2010 Suggested Disposition: Receive and File 2. Notice of Claims /Suits Daniel Stark 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: Donna Cooksley for vehicle damage; Darlene Ryan for vehicle damage; Daniel Stark for vehicle damage Suggested Disposition: Receive and File; Concur 3. Human Rights Commission Resignation of Katrina Wilberding from the Human Rights Commission. Suggested Disposition: Receive and File; Accept Resignation 4. Green Alley Project City Manager recommending acceptance of the Green Alley Project (1511H — 16 th between Washington and Elm Streets) as completed by Connolly Construction, Inc. in the final contract amount of $164,306.81. RESOLUTION q57 Accepting the Green Alley Project (15 — 16 between Washington and Elm Streets) and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 5. Copper Field Subdivision — Acceptance of Public Improvements City Manager recommending acceptance of the public improvements which the developer, Copper Mill Construction, has completed in Copper Field Subdivision in the City of Dubuque, Iowa. RESOLUTION ‘/,9 Accepting improvements in Copper Field Subdivision Suggested Disposition: Receive and File; Adopt Resolution 6. 2010 Sidewalk Assessment City Manager recommending approval of the levy of a special assessment for a public sidewalk replacement at 662 West 8 111 Street. RESOLUTION Adopting the final assessment schedule for the 2010 Sidewalk Assessment Project Suggested Disposition: Receive and File; Adopt Resolution 3 Ayes Nays Buol Connors Jones Lynch Resnick Voetberg Braig I 7. Census 2010 Final Participation Rates City Manager submitting the Census 2010 final participation rates and a media release from the U.S. Census Bureau. Suggested Disposition: Receive and File 8. Dubuque Levee and Floodwall Certification — PAL Progress Report #4 City Manager recommending approval of revised sections of the Operation and Maintenance Manual and the revised Emergency Flood Control Plan, both dated October 2010, and transmittal of the City of Dubuque's Provisionally Accredited Levee (PAL) Progress Report #4 to FEMA for certification of the Dubuque levee and floodwall system along the Mississippi River. Suggested Disposition: Receive and File; Approve 9. South Siegert Farm Lease Extension City Manager recommending approval of an amendment of the farm lease with William and Janet Siegert for the South Siegert Farm to extend the lease to March 1, 2012. RESOLUTION */d Approving an amendment to the farm lease between the City of Dubuque, Iowa and William and Janet Siegert Suggested Disposition: Receive and File; Adopt Resolution 10. AmeriCorps Grant City Manager recommending approval of the execution of the grant application to the Iowa Commission on Volunteer Services for the City of Dubuque AmeriCorps Program. Suggested Disposition: Receive and File; Approve 11. Sisters of Charity — Water Meter Wireless Network Equipment License Agreement City Manager recommending approval of the Water Meter Wireless Network Equipment License Agreements between the City and the Sisters of Charity. Suggested Disposition: Receive and File; Approve 4 Ayes Nays Buol Connors Jones Lynch Resnick Voetberg Braig 12. Quarterly Investment Report City Manager transmitting the September 30, 2010 Quarterly Investment Report. Suggested Disposition: Receive and File 13. Fiscal Year 2010 Annual Financial Report City Manager transmitting the Fiscal Year 2010 Annual Financial Report. Suggested Disposition: Receive and File 14. Green and Healthy Homes Initiative City Manager recommending approval of the submission of a letter of commitment to become a Green and Healthy Homes Pilot City through the National Green and Healthy Homes Initiative. Suggested Disposition: Receive and File; Approve 15. Special Assessment City Manager recommending approval of the levy of a special assessment for non- payment of a Settlement Order against Julie LeClere, 2489 Hempstead Street. RESOLUTION ' - J V/ Adopting the schedule of special assessment for a lien against the property and directing the City Clerk to certify the schedule of assessment to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution 16. Sustainable Dubuque VISTA Position City Manager recommending approval of the extension of the Sustainable Dubuque VISTA position for one year. Suggested Disposition: Receive and File; Approve Ayes Buol Connors Jones Lynch Resnick Voetberg Braig 5 Nays 17. U.S. Conference of Mayors Communication from Tom Cochran, U.S. Conference of Mayors, releasing the two most recent Brownfield publications in which Dubuque is featured. Suggested Disposition: Receive and File 18. Dubuque Initiatives Communication from Dubuque Initiatives to Michael Brannon, Dubuque Community School Board. Suggested Disposition: Receive and File 19. Mediacom Communication from Lee Grassley, Mediacom Senior Manager — Government Relations, advising of rate changes effective on or about December 1, 2010. Communication from Lee Grassley, Mediacom Senior Manager — Government Relations, advising of channel changes that will occur on or about December 20, 2010. Suggested Disposition: Receive and File 20. Citizen Communication Communication and petition from Joan Wehrspann regarding recreational burning in the City of Dubuque. Suggested Disposition: Receive and File 21. 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 $86,000 for Loras College to purchase new studio cameras and a new production switcher. Suggested Disposition: Receive and File; Approve 6 Ayes Buol Connors Jones Lynch Resnick Voetberg Braig Nays 14 22. National Civic Review City Manager transmitting information from the Fall 2010 special issue of National Civic Review on the Civics of Sustainability, which includes an article written by Planning Services Manager Laura Carstens entitled "Defining, Inspiring, and Implementing Sustainability." Suggested Disposition: Receive and File 23. Signed Contracts - - Cooperative Winter Road Maintenance Agreement -- Catfish Lift Station Standby Generator Contract - - Raymond Place / Maiden Lane Retaining Wall Repair Award Recording Memo Suggested Disposition: Receive and File 24. Liquor License Transfer Transfer of the liquor license of The Rotary Club of Dubuque to 700 Locust Street on November 20/21 and November 22/23 for the Mercy Festival of Trees event. Suggested Disposition: Receive and File; Approve 25. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION ‘ Granting the issuance of a Class "B" Beer Permit to Jumpin' Jane's Indoor Party; and a Class "C" Beer Permit to Iowa Street Market and Plaza 20 / BP Amoco RESOLUTION 4 7 / Y3 Granting the issuance of a Class "B" (Hotel /Motel) Liquor License to Hotel Julien Dubuque, Grand Harbor Resort, and Holiday Inn Five Flags; a O ss "C" Beer /Liquor License to Yen Ching Restaurant and Bridge Restaurant; a Class ine Permit to Iowa Street Market; and a Class "WBN" Native Wine Permit to Dubuque Area Chamber of Commerce Suggested Disposition: Receive and File; Adopt Resolutions 7 Ayes Nays Buol Connors Jones Lynch Resnick Voetberg Braig 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. 1. Request to Rezone — End of Radford Court (Tabled from October 18, 2010) 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. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Uni ie evelopment 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 Suggested Disposition: Remove from Table; Receive and File; Motion B; Motion A (Super Majority Vote) Suspend the Readings Final Reading and Adopt Nays Buol onnors ones Lynch ✓ / Resnick/ SUSPEND THE RULES Ayes Buol Connors Jones Lynch Resnick Resnick Vaetbefg Braig Ayes Nayes Buol Connors Jones Lynch Resnick Voetberg Braig 8 Nays G �g 2. American Red Cross — Request to Amend ID Institutional District Proof of publication on notice of public hearing to consider a request from Mike McDonough / American Red Cross to amend their ID Institutional District to modify Section 2(D) Signs regarding allowed size, height and illumination. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unifie Development Code, by providing for the amendment of Ordinance 49 -86, which established the American Red Cross ID Institutional District by modifying Section 2(D) Signs regarding allowed size, height and illumination Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Ayes Nays Ayes Nayes Buol / Buol ,/`')Connors Connors Jones / Jones Lynch/ / Resnic Resnick Vrerg Vrg rang Braig 9 Final Reading and Adopt 1 3 3. Unified Development Code — Text Amendment Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 13 of the Unified Development Code to clarify the number of bicycle parking spaces required for parking lots over 50 spaces and Zoning Advisory Commission recommending approval. ORDINANCE 0 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 13, Site Design Standards, to clarify the number and location of bicycle parking spaces required for parking lots over 50 spaces Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Ayes/ Nays Buol / Connors )Jones Lynch / Resnick Voetlxstg /03ra Final Reading and Adopt Apps ./ / Buol t Connors /0Jones / ✓ Lynch Resnick 4 10 raig g Nayes 4. Request to Annex — Dubuque Metropolitan Area Solid Waste Agency Proof of publication on notice of public hearing 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 and City Manager recommending that this item be tabled to December 20, 2010. Suggested Disposition: Receive and File; Table to 12/20/10 i /Ayes Nays ✓� Buol Connors Jones Lynch Resnick 1 .Veetberg Braig 11 REINSTATE THE RULES This action limits discussion to the City Council. Ayes Buol Connors Jones Lynch Resnick Wietbg Braig Nays 4 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. Dubuque Industrial Center North — Final Plat City Manager recommending approval of the final plat of the Dubuque Industrial Center North First Addition (North Siegert Farm) and naming the new street Innovation Drive, unless the City Council chooses a different name. RESOLUTION q7 Approving the final plat of Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Ayes Buol � Connors // Jones Lynch Resnick Braig Suggested Disposition: Receive and File; Adopt Resolution Ayes j Buol Connors Jones Lynch Resnick Braig 12 Nays Nays 2. RIO -CDBG Multi - Family Rental Unit Production City Manager recommending approval of an application for $5.9 million of RIO -CDBG Multi - Family Rental Unit Production — Round 3 funding to create multi - family rental units in the Caradco Building. RESOLUTION / V 5 Of support to the Iowa Department of Economic Development, on behalf of Caradco Building, LLLP, for submittal of an application for a RIO -CDBG Disaster Multi- Family Unit Production Round 3 Application 3. Purchase of Transit Vehicles City Manager recommending approval to incur costs for replacement of the Keyline bus fleet and to add Intelligent Transportation Systems (ITS) technology on the buses. RESOLUTION G V Authorizing the purchase of a new transit fleet and adding Intelligent Transportation System Technologies (ITS) Suggested Disposition: Receive and File; Adopt Resolution 13 Buol Connors Jones Lynch Resnick lkitetbeig Braig Nays 4. Purchase of Light Duty Transit Vehicles — Request for Proposals City Manager recommending approval of the issuance of a Request for Proposals for the purpose of obtaining a Light Duty Sprinter vehicle purchasing contract that contains the clean diesel engine option for Keyline Transit. Suggested Disposition: Receive and File; Approve Suggested Disposition: Receive and File yes ,7 A / yes Buol / Connors / Jones Lynch mil ) Resnick erg Braig 14 Nays 5. Southwest Arterial / Value Engineering Study Update City Manager transmitting an update on the results of the preliminary design Value Engineering evaluations for the Southwest Arterial project. yes Nays Buol Connors // Jones / Lynch Resnick VAtetiVIV 016/1' Braig < 6. Expansion of Washington Neighborhood Yard Lighting Initiative Program City Manager recommending approval of expanding the Washington Neighborhood Yard Lighting Initiative to older neighborhoods in the City as well as to the low /moderate income (target areas) of the City. Suggested Disposition: Receive and File; Approve Suggested Disposition: Receive and File !yes Nays Buol Connors / Jones / Lynch nch Y Resnick Witlitrrg Braig 7. Sustainability at Work Presentation Presentation on "Sustainability at Work: How Sustainability is Enhancing Dubuque's Economic Competitiveness." e j Buol ()Connors Jones Lynch Resnick Braig 15 Nays c�J`�� .w� �� 66 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 1` Motion to adjourn at 9 16 Ayes Buol Connors / 1 Jones Lynch Resnick Veetbarg / Braig 4 Nays Ayes Nays Buol Connors Jones Lynch Resnick Voetberg Braig et_<d , 4e# 1 r/(--",(-E-OriZ! ze,/ "M- 4 A et../ /f,d>./A/-,hK z/v/ezv- 7‘ /7.eft-V J , , ,je2,f76 e 94-