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1 3 11 City Council Proceedings Official CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 3, 2011 in the Historic Federal Building. Present: Mayor Buol, Council Members Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Members Braig and Voetberg 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 Reverend Maria Wiblin of Hillcrest Family Services. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 5-0. Minutes and Reports Submitted: City Council of 12/20 and 12/21; Environmental Stewardship Advisory Commission of 12/7; Historic Preservation Commission of 12/16; Library Board of Trustees of 11/16 th Investment Oversight Advisory Commission’s 70 Quarterly Report Library Board of Trustees Update from Meeting of December 15, 2010 Proof of publication of City Council Proceedings of December 6, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: David Klavitter for property damage; Walter Joniec for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: David Klavitter for property damage. Upon motion the document was received, filed, and concurred. Purchase of Property – Bee Branch Creek Restoration Project: City Manager recommending approval of the purchase of a commercial property, located at 500 Rhomberg Avenue and owned by PJ’s Tap, LLC, as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 1-11 Approving the acquisition of real estate owned by PJ’s Tap, LLC in the City of Dubuque was adopted. RESOLUTION NO. 1-11 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY PJ’S TAP, LLC IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 “Drainage Basin Master Plan;” and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: W 21.2’ Lot 20 Smedleys Sub in the City of Dubuque, Dubuque County, Iowa, at the cost of One Hundred Five Thousand and 00/100 Dollars ($105,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa, for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. rd Passed, approved and adopted this 3 day of January, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk 2010 Drain Tile Project: City Manager recommending acceptance of the construction contract for the 2010 Drain Tile Project, as completed by Drew Cook & Sons Excavating, in the final contract amount of $20,272.84. Upon motion the documents were received and filed and Resolution No. 2-11 Accepting the 2010 Drain Tile Project and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 2-11 ACCEPTING THE 2010 DRAIN TILE PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2010 Drain Tile Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Drain Tile Program appropriation for the contract amount of $20,272.84 less any retained percentage provided for therein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. rd Passed, approved and adopted this 3 day of January, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2010 DRAIN TILE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has 2 inspected the 2010 Drain Tile Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $24,130.84. st Dated this 21 day of December, 2010. Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 28 day of December, 2010. Jeanne F. Schneider, CMC, City Clerk NAI Region 5 Awards Nomination for the Friends of the Mines of Spain: City Manager recommending approval of a letter of support for the Interpretation Award Nomination for the Friends of the Mines of Spain. Upon motion the documents were received, filed, and approved. Trees Forever Grant Application: City Manager recommending approval of the submission of a $7,000 Trees Forever grant application to fund a small portion of the 485 trees planned along the lower portion of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 3-11 Support of Trees Forever Application for funding for the Bee Branch Creek Restoration Project was adopted. RESOLUTION NO. 3-11 SUPPORT OF TREES FOREVER APPLICATION FOR FUNDING FOR THE BEE BRANCH CREEK RESTORATION PROJECT Whereas, Trees Forever provides funding and technical assistance for tree planting projects in parks, schools, residential areas, gateways, and trails; and Whereas, the Bee Branch Creek Restoration Project plans call for 485 trees to be planted in the fall of 2011 along the Lower Bee Branch; and Whereas, the City Council has adopted the Fiscal Year 2011-2016 Capital Improvement Program (CIP) budget, which includes the City’s local match for tree planting along the Bee Branch Creek Restoration Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is authorized to sign the letter of support and submit this grant application to Trees Forever for the Lower Bee Branch Creek Restoration Project. rd Passed, approved and adopted this 3 day of January, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk Westbrook Park Temporary Location Lease: City Manager recommending approval of an amendment to the lease between the City and Callahan Construction, Inc. to change the location for Westbrook Park from Lots 38 and 39 to Lots 1 and 2. Upon motion the documents were received, filed, and approved. Residency Requirement for Sister City Relationships Advisory Commission: Communication from Jeffrey L. Walters submitting his application to the Sister City Relationships Advisory Commission and advising that he lives outside the City limits. Upon motion the documents were received and filed. Advisory Board for the National ADA Coordinator Certification Program: City Manager transmitting information on the appointment of Human Rights Director Kelly Larson to the Advisory Board for the ADA Coordinator Certification Program. Upon motion the documents 3 were received and filed. EMS Student Contract with NICC: City Manager recommending approval to execute an Emergency Medical Services Student contract with Northeast Iowa Community College. Upon motion the documents were received, filed, and approved. Signed Contracts: Bee Branch Creek Restoration Project – Phase I Environmental Assessment. 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. 4-11 Granting the issuance of a Class “C” Beer Permit to Hartig Drug Company #4 and Sam’s Club #4973; and Resolution No. 5-11 Granting the issuance of a Class “B” (Hotel/Motel) Liquor License to Best Western Plus Hotel and Conference Center / Champps Americana; a Class “C” Beer/Liquor License to Breezer’s Pub and The Lounge; and a Class “B” Wine Permit to Sam’s Club, Dubuque Religious Center and Hartig Drug #4 were adopted. RESOLUTION NO. 4-11 Whereas, applications for Beer Permits have been submitted and filed to this Council for approval and the same have been examined and approved: and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Beer Permit. CLASS “C” BEER PERMIT Hartig Drug Company Hartig Drug Company # 4 +(Sunday Sale) 2225 Central Ave. Sam’s West, Inc. Sam’s Club # 4973+(Sunday Sale) 4400 Asbury Rd. Passed, approved and adopted this 3rd day of January, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 5-11 Whereas, applications for Liquor Licenses have been submitted to this Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. CLASS “B” (HOTEL/MOTEL) LIQUOR LICNESE Dodge Street Entertainment, Best Western Plus Hotel & Conference 3500 Dodge St. LLC Center Champps Americana +(Sunday/Outdoor Sale) CLASS “C” BEER/LIQUOR LICENSE Breezer’s Pub Breezer’s Pub+(Sunday Sales) 600 Central Ave. 4 Phillip Love The Lounge 481 Locust St. CLASS “B” WINE Sam’s West, Inc. Sam’s Club # 4973 4400 Asbury Rd. Dubuque Religious Center, Dubuque Religious Center 923 Main St. Inc. Hartig Drug Company, Inc. Hartig Drug Company # 4 2225 Central Ave. rd Passed, approved and adopted this 3 day of January, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ITEM TO BE SET FOR PUBLIC HEARING Motion by Lynch 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 Jones. Motion carried 5-0. Release of Easements – Lot 1 of Yiannias Place: City Manager recommending that a public hearing be set for January 18, 2011 to consider a request from Brian Kane, representing Key City Investment Company, for the release of easements in Yiannias Place in the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 6-11 Resolution of intent to dispose of City interest in Easement “B” and Easement “D” in Lot 1 and Lot 1A of Yiannias Place in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 18, 2011 in the Historic Federal Building. RESOLUTION NO. 6-11 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST IN EASEMENT “B” AND EASEMENT “D” IN LOT 1 AND LOT 1A OF YIANNIAS PLACE, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Key City Investment Company has requested the vacating and disposal of Easement “B” and Easement “D” in Lot 1 and Lot 1A of Yiannias Place; and Whereas, the City Council finds that the request should be granted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to dispose of its interest in Easement “B” and Easement “D” in Lot 1 and Lot 1A of Yiannias Place in the City of Dubuque, Dubuque County, Iowa. Section 2. That the release of Easement “B” and Easement “D” in Lot 1 and Lot 1A of Yiannias Place in the City of Dubuque, Dubuque County, Iowa, to Key City Investment Company be contingent upon the payment of the publication and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. rd Passed, approved and adopted this 3 day of January, 2011. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: 5 Housing Code Appeals Board: One 3-year term through January 11, 2014 (Term of Young). Applicant: David Young, 1572 Central Avenue Sister City Relationships Advisory Commission: Setting 10 Initial Terms: Three 1-year terms through February 1, 2012; Three 2-year terms through February 1, 2013; Four 3-year terms through February 1, 2014. Applicants: Sheila Castaneda, 1014 Dunham Drive; Michael Coty, 125 Bluff Street; Larissa Filimonenko, 2260 Samantha Drive; Jeffrey Jochum, 3750 Aerostar Drive; Richard Landis, 2390 Clarke Crest Drive; Pat McNamara, 1041 Shady Oaks Drive; th William McIntee, 1339 Belmont Street; Eric Miller, 1290 W. 5 Street, #1; Betty Phillips, 3047 Kane Court; Louise Thurn, 3037 Kaufmann Avenue; and Annalee Ward, 2758 Tiffany Court. Ms. Castaneda, Mr. Coty, Ms. Filimonenko, Mr. Jochum, Mr. McNamara, Ms. Phillips and Ms. Ward spoke in support of their respective appointments. ACTION ITEMS Historic Preservation Commission: Communication from the Historic Preservation Commission advising that they have renewed their commitment to public outreach and providing a report on the initial efforts. Motion by Connors to receive and file the documents. Seconded by Lynch. HPC Chairperson David Klavitter provided a verbal report. Motion carried 5-0. Amendments to the Housing Code: City Manager recommending approval of amendments to the Housing Code to require crime-free training, to require tenant criminal background checks and to designate certain rental property owners as Priority Category. Motion by Jones to receive and file the documents and consider the first reading of the proposed ordinances amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment, Chapter 6 Housing Regulations, Section 6-6-7 Licenses and Inspections requiring a property owner, manager, or licensed real estate professional to participate in the crime-free, multi-housing program as a condition of a license issuance or renewal for a rental dwelling operating license; and amending the City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment, Chapter 6 Housing Regulations by adopting a new Section 6-6-11 Priority Category; amending Chapter 6 Housing Regulations by adopting a new Section 6-6-12 Procedure for Hearing Appeal of Priority Category Status; and amending Chapter 6 Housing Regulations by adopting a new Section 6-6-13 Inspection of Properties Owned by Priority Category. Seconded by Connors. Responding to questions from City Council, Assistant City Attorney Crenna Brumwell and Police Chief Mark Dalsing stated that the background checks will be maintained by the Police Department’s Records Division, and information gained from the checks could be used by police in addition to their current search methods. Landlord license fees do not fully cover the City’s expenses for providing the free service, and background checks are limited to adult applicants named on the lease. Dalsing added that he believes the checks provide accurate information from across all 50 states and three prior addresses. Motion carried 5-0. Federal Emergency Management Agency (FEMA) Flood Plain Map Update: City Manager providing an update on the City of Dubuque’s Technical Appeal of FEMA’s Preliminary Digital Flood Insurance Rate Map for our community. Motion by Jones to receive and file the documents. Seconded by Resnick. Motion carried 5-0. Extension of Southwest Arterial Moratorium: City Manager recommending approval of the extension of the development moratorium for the Southwest Arterial Corridor to July 1, 2012. 6 Motion by Connors to receive and file the documents and consider the first reading of the proposed ordinance amending the City of Dubuque Code of Ordinances by amending Title 14 (Buildings and Development) and by amending Title 16 (Unified Development Code) extending the development moratorium for the Southwest Arterial Corridor to July 1, 2012. Seconded by Jones. Motion carried 5-0. Solar Thermal Licensing, Permitting and Inspections: City Manager recommending approval of amending the Code of Ordinances to create a Solar Thermal licensing system and empower Solar Thermal permits and inspections. Motion by Lynch to receive and file the documents and consider the first reading of the proposed ordinances amending City of Dubuque Code of Ordinances Title 14 Building and Development by adding Chapter 13 Solar Thermal Licenses which requires a license in order to perform work on solar thermal systems; and amending City of Dubuque Code of Ordinances Title 14 Building and Development by adding Chapter 14 Solar Thermal Systems requiring permits and inspections for work performed on solar thermal systems and setting forth the standards for solar thermal systems. Seconded by Jones. Motion carried 5-0. Selection of Color for “The Jule”: City Manager submitting color options for “The Jule” for City Council consideration. Motion by Connors to receive and file the documents and select the green “Mountain Dew” color option. Seconded by Resnick. Motion carried 5-0. Friends of the Mines of Spain Advisory Board: City Manager requesting that the City Council designate a representative to the Friends of the Mines of Spain Advisory Board. Motion by Connors to receive and file the documents and appoint Mayor Buol as the representative. Seconded by Lynch. Motion carried 5-0. Amendment to Iowa Finance Authority (IFA) Loan Agreement: City Manager recommending approval of an amendment to the Iowa Finance Authority loan agreement for financing a portion of the costs of projects in the Historic Millwork District in an amount up to $4,500,000. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 5-0. Community Development Block Grant Award to CARADCO Project: City Manager recommending that the City indicate its interest in accepting a $5.9 million Community Development Block Grant award for the CARADCO Project to the Iowa Department of Economic Development. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 5-0. AV Preeminent Rating for City Attorney: Notification that City Attorney Barry Lindahl has been awarded the AV Preeminent Rating from the Martindale-Hubbell Peer Review. Motion by Connors to receive and file the documents. Seconded by Resnick. City Council Members congratulated the City Attorney. Motion carried 5-0. COUNCIL MEMBER REPORTS Mayor Buol passed on Happy New Year wishes to all. Jones extended an invitation to the opening of the Special Olympics on January 10 at the Grand River Center. PUBLIC INPUT 7 Joseph Noel, 315 West Locust, thanked the City Council for their efforts in facilitating what he considered to be an attractive and functional Burlington/Trailways bus hub at Rhomberg and Elm Streets. CLOSED SESSION Motion by Jones to go into closed session at 7:28 p.m. regarding Pending Litigation and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa and Collective Bargaining Strategy pursuant to Iowa Code Chapter 20.17(3). Seconded by Resnick. Motion carried 5-0. Upon motion at 8:39 p.m., the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:40 p.m. /s/Jeanne F. Schneider, CMC City Clerk 8