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6 5 06 City Council Proceedings Official CITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, June 5, 2006 Council met at 6:30 P.M. in the Public Library Auditorium Present: Mayor Pro-Tem Michalski, Council Members Braig, Cline, Connors, Jones, Lynch, City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro-Tem Michalski read the call and stated this is a regular session Elf the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Bishop John Tallent, Church of Jesus Christ of Latter Day Saints. Proclamations: Apples for Students (June and July, 2006) received by Sister Inez Turnmeyer of St. Mark Community Center; United States Army Week (June 12-18, 2006) received by Sergeant Davis. CONSENT ITEMS Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/25; City Council of 5/15; Electrical Code Board of 5/22; Historic Preservation Commission of 5/18; Housing Commission of 4/25; Long Range Planning Advisory Commission of 5/17; Transit Board of Trustees of 5/11, upon motion received and filed. Proof of publication of City Council Proceedings of 5/1, upon motion received and filed. Notice of Claims/Suits: Sarah Hume for vehicle damage; McDermott Excavating for excavation expenses, upon motion received and filed and referred to the City Attorney for i nvestigation/repo rt. Request of Leanne M. Horsfall for reconsideration of her claim for property damage, upon motion received and filed and referred to the City Attorney for investigation/report. City Attorney recommending settlement of the claim of Sarah Hume for vehicle damage and directing the Finance Department to issue payment, upon motion received and filed and concurred and directed Finance Department to issue payment. Request to Vacate and Purchase: Communication from Brendan T. Quann, representing Dr. and Mrs. R. Scott Cairns, requesting to purchase two City-owned lots adjacent to their property at 850 Mt. Carmel Road, upon motion received and filed and referred to the City Manager. Citizen Communication: Communication from Deanne Brennan, 658 Chestnut Street, regarding mini-bus transportation issues, upon motion received and filed and referred to the City Manager. 1 Downtown Master Plan - Request for Proposals: City Manager recommending approval of the issuance of a Request for Proposals relating to implementation of the Downtown Master Plan, upon motion received and filed and approved recommendation. Legislative Correspondence: Communication to Congressman Jim Nussle requesting his opposition to the Communications Opportunity, Promotion, and Enhancement Act (COPE) of 2006, upon motion received and filed. Dubuque Professional Firefighters' Association - Collective Bargaining Agreement: City Manager recommending approval of the collective bargaining agreement between the City and the Dubuque Professional Firefighters' Association, upon motion received and filed. Connors moved adoption of Resolution No. 208-06 Accepting the agreement between the City of Dubuque, Iowa and the Dubuque Professional Firefighters' Association, Local #353, and authorizing the Mayor to sign the agreement. Seconded by Braig. Motion carried 6-0. Amendment to Collective Bargaining Agreement: City Manager recommending approval of an amendment to the collective bargaining agreement between the City and Teamsters Local Union No. 421 to provide for a work week that consists of ten hours per day and four days per week for the Airport Mechanic, upon motion received and filed and approved recommendation. GFOA Certificate of Achievement: City Manager advising that the City has received the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for the eighteenth consecutive year, upon motion received and filed. Sanitary Sewer Master Plan: City Manager recommending approval of the selection of MSA Professional Services, Inc. to provide engineering services for the Sanitary Sewer Master Plan, upon motion received and filed and approved recommendation. Acceptance of Quit Claim Deed: City Manager recommending approval of the acceptance of a Quit Claim Deed associated with the Railroad Real Estate Property Acquisition Agreement with the Chicago, Central and Pacific Railroad for the purpose of completing public improvements for the Bell Street Extension, upon motion received and filed. Connors moved adoption of Resolution No. 209-06 Accepting a conveyance of property (Lot 1 of Riverwalk Seventh Addition) in the City of Dubuque, subject to review and approval by the City Attorney. Seconded by Braig. Motion carried 6-0. A.Y. McDonald Park - Phase II Construction: City Manager recommending approval of the Professional Services Agreement with IIW Engineers to supervise construction and do the required reporting to the Iowa Department of Transportation for the A.Y. McDonald Park _ Phase II Project, upon motion received and filed and approved recommendation. Five Flags Agreement with Dubuque Hockey, Inc.: City Manager recommending approval of the license agreement with Dubuque Hockey, Inc. (Dubuque Thunderbirds) for the 2006 - 2007 hockey season, upon motion received and filed and approved recommendation. Non-Appropriation Language: City Manager advising that City staff is not negotiating non- appropriation language into development agreements at this time, upon motion received and filed. 2 Preserve America Grant: City Manager recommending approval of the submittal of a Preserve America Grant application for the Dubuque History Trail, upon motion received and filed. Connors moved adoption of Resolution No. 210-06 Providing for an application to the National Park Service for Preserve America Funds for Dubuque History Trail. Seconded by Braig. Motion carried 6-0. National Register Nomination - Security Building, 800 Main Street: Historic Preservation Commission recommending the nomination of the Security Building, 800 Main Street, to the National Register of Historic Places, upon motion received and filed and concurred. Request for Demolition Permit: Historic Preservation Commission recommending approval of the request of Immanuel Congregational United Church of Christ to demolish a residence at 1737 Jackson Street, upon motion received and filed and approved recommendation. City of Peosta Land Use Plan: Long Range Planning Advisory Commission submitting the City of Peosta's 2005 Land Use Plan and the latest draft 2030 Future Land Use Map for the City of Dubuque, upon motion received and filed. National Institute of Health Resuscitation Outcomes Consortium: City Manager recommending approval to file for a Federalwide Assurance number necessary for the City's participation in a research project of the National Institutes of Health Resuscitation Outcomes Consortium, upon motion received and filed and approved recommendation. TV Cable Community Teleprogramming Commission: Communication from Maria Araeipour advising that she will not be applying for reappointment to the TV Cable Community Teleprogramming Commission, upon motion received and filed. Residential Parking Permit District Petition: Communication from the residents of Vizaleea and Keymont Drive requesting a Residential Parking Permit District in that area, upon motion received and filed and referred to the City Manager. Dubuque Industrial Center West: City Manager recommending approval of an Amended and Restated Declaration of Covenants for the Dubuque Industrial Center West, upon motion received and filed and approved and directed that the Covenants be brought back to review. Junk and Salvage Yards: Response to an inquiry from Ed Tschiggfrie concerning whether a junk and salvage yard operation would be permitted in the Julien Dubuque Drive Planned Unit Development District, upon motion received and filed. Worker's Compensation Claim: City Manager recommending approval of the settlement of the worker's compensation claim of Brian Kohn, upon motion received and filed and approved recommendation. Surface Transportation Board Filing: City Manager submitting a response to the petition of the Iowa, Chicago and Eastern Railroad Corporation (IC & E) and the Dakota, Minnesota and Eastern Railroad Corporation (DM & E), upon motion received and filed. Dubuque Township Trustees: Communication to the Dubuque Township Trustees regarding the annexation requests of Wendell Corey/Motor City LLC, John and Sally Jo Herrig, and Dean and Patricia Butler, upon motion received and filed. 3 Five Flags Budget Proposal: City Manager recommending approval of the Fiscal Year 2007 Five Flags Center proposed operating budget submitted by SMG, upon motion received and filed and approved recommendation. Request for Proposals - Port of Dubuque Park, Outdoor Plaza and Parking Lot Enhancements City Manager recommending approval of the issuance of a Request for Proposals for architectural and engineering services for the Port of Dubuque Park, Outdoor Plaza, and Parking Lot Enhancements associated with the McGraw-Hili Project, upon motion received and filed and approved recommendation. Comprehensive Plan Update: Long Range Planning Advisory Commission submitting the May 2006 Report on the Comprehensive Plan Update process, upon motion received and filed. Improvement Contracts / Performance, Payment and Maintenance Bonds: Bonson Road Reconstruction Project, upon motion received and filed. Business Licenses: Connors moved adoption of Resolution No. 211-06 Granting the issuance of a Class "B" Beer Permit (5-Day Special Event) to Rotary Club and Dubuque Jaycees; Class "B" Beer Permit to Pizza Hut #1 and #2; and Class "C" Beer Permit to Kwik Stop, Cedar Cross Amoco, Keywest Conoco, Hartig Drug, Beecher Beverage and Resolution No. 212-06 Granting the issuance of a Class "C" Beer/Liquor License to Murphs South End, Dubuque Bowling Lanes, Creslanes Bowling, Applebee's Neighborhood Grill, Corner Tap, and Clarke College; Special Class "C" Liquor (5 Day Event) to Dubuque Jaycees; Special Class "C" Liquor (14 Day Event) to Rotary Club; Class "B" Wine Permit to Ooh La La, Hartig Drug #2, and Beecher Beverage; and Class "B" Native Wine Permit to Dubuque American Lady. Seconded by Braig. Motion carried 6-0. ITEMS TO BE SET FOR PUBLIC HEARING Theisen Supply, Inc. - Development Agreement: City Manager recommending that a public hearing be set for June 19, 2006 to consider approval of a Development Agreement with Theisen Supply, Inc., including a disposition of 16.69 acres in the Dubuque Industrial Park West to Chavenelle Warehouse Development, LLC for construction of a 110,000 square foot warehouse/office complex for Theisen's Supply, Inc., upon motion received and filed. Cline moved adoption of Resolution No. 213-06 Of intent to dispose of an interest in City of Dubuque real estate and 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 Chavenelle Warehouse Development, LLC and Theisen Supply, Inc., and providing for the publication of notice thereof, and set public hearing for 6/19/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 6-0. Kunkel Bounds and Associates - Development Agreement: City Manager recommending that a public hearing be set for June 19, 2006 to consider approval of a Development Agreement with Kunkel Bounds and Associates, including a 7.69 acre land sale in the Dubuque Technology Park for construction of a 9,800 square foot office building, upon motion received and filed. Connors moved adoption of Resolution No. 214-06 Of intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of 4 Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Kunkel Bounds and Associates, Inc., and providing for the publication of notice thereof, and set public hearing for 6/19/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 6-0. Dubuque Star Brewery Project - Development Agreement: City Manager recommending that a public hearing be set for July 17, 2006 to consider approval of a Development Agreement and lease of the former Dubuque Star Brewery building and site to Port of Dubuque Brewery Development, LLC, upon motion received and filed. Cline moved adoption of Resolution No. 215-06 (1) Approving the minimum requirements, competitive criteria, and offering procedures for lease of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) determining that the lease submitted by Port of Dubuque Brewery Development LLC satisfies the offering requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the lease with Port of Dubuque Brewery Development LLC in the event that no competing proposals are submitted; and (3) soliciting competing proposals, and set this for public hearing on 7/17/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 6-0. Dubuque Screw Products, Inc. - Development Agreement: City Manager recommending that a public hearing be set for June 19, 2006 to consider approval of a Development Agreement with Dubuque Screw Products, Inc., including a 3.573 acre land sale in Dubuque Industrial Center West for construction of a 30,000 square foot industrial facility, upon motion received and filed. Cline moved adoption of Resolution No. 216-06 Of intent to dispose of an interest in City of Dubuque real estate and 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 Dubuque Screw Products, Inc., and providing for the publication of notice thereof and set this for public hearing on 6/19/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 6-0. McGraw Hill Companies, Inc. - Development Agreement: City Manager recommending that a public hearing be set for June 19,2006 to consider approval of a Development Agreement with McGraw Hill Companies, Inc., including the disposition of approximately 1.99 acres for constructing a 135,000 square foot office complex in the Port of Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 217-06 Of intent to dispose of an interest in City of Dubuque real estate and 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 McGraw Hill Companies, Inc. and providing for the publication of notice thereof and set public hearing for 6/19/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 6-0. Petition to Vacate a Portion of Barry Street: City Manager recommending that a public hearing be set for June 19,2006 to consider a request from David O. Neyens and John J. and Frances M. McDonough to vacate a portion of Barry Street from Roosevelt Street northeasterly to a 5 public alley in the City of Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 218-06 Approving Plat of Survey of Barry Subdivision No.2 in the City of Dubuque, Dubuque County, Iowa and Resolution No. 219-06 Of intent to vacate and dispose of City interest in northwesterly one-half of Barry Street in Barry Subdivision NO.2 in the City of Dubuque, Dubuque County, Iowa and set for public hearing on 6/19/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 6-0. Petition to Vacate a Portion of the Plat of North Dubuque: City Manager recommending that a public hearing be set for July 5, 2006 to consider a request from Arnie Van Etten, representing James A. and Shirley A. Christensen, to vacate a portion of the plat of North Dubuque, upon motion received and filed. Cline moved adoption of Resolution No. 220-06 Approving Plat of Survey of Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Dubuque County, Iowa and Resolution No. 221-06 Of intent to vacate and dispose of City interest in Lots 413-A, 598-A, and 598-B of North Dubuque in the City of Dubuque, Dubuque County, Iowa and set public hearing for 7/5/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Lynch. Motion carried 6-0. 2006 Grandview Avenue Concrete Section Repair Project: City Manager recommending initiation of the public bidding process for the 2006 Grandview Avenue Concrete Section Repair Project and that a public hearing be set for July 5, 2006 to consider adoption of the plans and specifications, upon motion received and filed. Cline moved adoption of Resolution No. 222-06 Preliminary approval of plans and specifications; Resolution No. 223-06 Setting date of hearing on plans and specifications for 7/5/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law and Resolution No. 224-06 Ordering bids. Seconded by Lynch. Motion carried 6-0. Grand River Center - Fountain Sign Rehabilitation Project: City Manager recommending initiation of the public bidding process for the Grand River Center - Fountain Sign Rehabilitation Project and that a public hearing be set for July 5, 2006 to consider adoption of the plans and specifications, upon motion received and filed. Cline moved adoption of Resolution No. 225-06 Preliminary approval of plans and specifications; Resolution No. 226-06 Setting date of hearing on plans and specifications for 7/5/06 at a meeting to commence at 6:30 P.M. in the public library auditorium and direct the City Clerk to publish notice in the manner prescribed by law, and Resolution No. 227-06 Ordering bids. Seconded by Lynch. Motion carried 6-0. BOARDS/COMMISSIONS Applicants are invited to address the Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission (Three 3-year At-Large terms through 7/1/09 [terms of Loney-Bichell, Gibbs, Olson] and one 3-year Cathedral District term through 7/1/09 [term of CotyJ) Applicants: At-Large - Mary Loney-Bichell, Matthew Lundh and Chris Olson; Cathedral District - Michael Cody Chris Olson and Michael Coty spoke requesting consideration for reappointment. Investment Oversight Commission (Two 3-year terms through 7/1/09 - terms of Lassance and Melendez) Applicants: Paul Lassance, Hiram Melendez 6 7 Long Range Planning Advisory Commission (Two 3-year terms through 7/1/09 - terms of Neumeister, Stein) Applicants: Dr. Mary Lynn Neumeister, Richard Stein Zoning Advisory Commission (Two 3-years terms through 7/1/09 - terms of Bichell and Hardie) Applicants: Kenneth Bichell, Stephen Hardie, Charlie Miller, Matthew Lundh Appointments to the following Boards/Commissions: Civil Service Commission (One 4-year term through 4/6/10 - Term of Kluesner - Mayor Appointment) Applicant: Loras Kluesner Mayor Pro-Tem Michalski reappointed, with the approval of Council, Loras Kluesner to a four- year term on the Civil Service Commission which will expire 4/6/10. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council. Fifth Street Reconstruction - Alpine to Delhi Street Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications and Resolution of Necessity for the Fifth Street Reconstruction - Alpine to Delhi Street Project and City Manager recommending approval, upon motion received and filed. Cline moved adoption of Resolution No. 228-06 Adopting plans and specifications and Resolution No. 229-06 With respect to the adoption of the Resolution of Necessity proposed for the Fifth Street Reconstruction Project - Delhi Street to Alpine Street. Seconded by Connors. Motion carried 6-0. NCR Developers, Inc. / Martin McNamer - Request to Rezone / Improvements to North Cascade Road: Proof of publication on notice of hearing to consider a request from NCR Developers, Inc./Martin McNamer to rezone property located south of North Cascade Road from County A1 Agricultural/R2 Single-Family Residential District to City R-3 Moderate Density Multi-Family Residential District in conjunction with annexation to the City of Dubuque and Zoning Advisory Commission recommending approval with the condition that the entire area be rezoned to R-2 and City Manager submitting information on the rezoning request of NCR Developers, Inc., upon motion received and filed. Martin McNamer, NCR Developers, Inc., spoke in support of the rezoning and requested that he be granted the R-3 designation as this would allow more flexibility for the size of development he was proposing. George Doremus, 11902 Park View Lane, stated he was not opposed to the rezoning of the property but he was opposed to the increased traffic the development would generate on North Cascade Road which needs drastic improvements. Mona Woodward, 11902 Park View Lane, requested that the development be restricted to single family residences and that two exits be available at all times. She also stressed the need for reconstruction of North Cascade Road. John Steger, North Cascade Road, stated he would not be opposed to the development if improvements were made to North Cascade Road. William Apel, 11665 North Cascade Road, stated that the road is used as a short cut to Peosta and needs reconstruction. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located south of North Cascade Road from Dubuque County A-1 Agricultural and R-2 Single-Family Residential District to City of Dubuque R-3 Moderate Density Multi-Family Residential District concurrent with annexation, 8 presented and read. Connors moved that this be considered the first reading of the Ordinance and directed that the zoning be designated as R-2. Seconded by Braig. Motion carried 6-0. Gary and Mary Beth Valentine - Request to Rezone: Proof of publication on notice of hearing to consider a request from Gary and Mary Beth Valentine to rezone property located at the southeast corner of North Cascade Road and Edval Lane from County A1 Agricultural/R2 Single-Family Residential District to City R-3 Moderate Density Multi-Family Residential District in conjunction with annexation to the City of Dubuque and Zoning Advisory Commission recommending approval with the condition that the property be rezoned to R-2 Two-Family Residential and City Manager submitting information on the rezoning request of Gary and Mary Beth Valentine, upon motion received and filed. Gary Valentine spoke stating a preference for the R-3 zoning but stated he would agree with R-2. The rezoning was being requested to be consistent with the nearby NCR development and also because the Southwest Arterial, as proposed, will go through the middle of his property and the rezoning will give him options for the future. George Doremus, 11902 Park View Lane, reiterated that they could not forget about the road and that a solid plan was necessary. Mona Woodward, 11902 Park View Lane, commented that the R-2 designation would leave control of the development in the City Council's hands. City Manager Van Milligen stated that as part of the annexation agreements the City had committed to improve North Cascade Road by 2012. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at the southeast corner of North Cascade Road and Edval Lane from Dubuque County A1 Agricultural and R2 Single- Family Residential District to City of Dubuque Moderate Density Multi-Family Residential District concurrent with annexation, presented and read. Connors moved that this be considered the first reading of the Ordinance. Seconded by Jones. Motion carried 6-0. Thomas and Sheri Henschel - Request to Rezone: Proof of publication on notice of hearing to consider a request from Thomas and Sheri Henschel to rezone property located west of Miller Road in Dubuque County from County R2 Single-Family Residential District and City AG Agricultural District to City R-2 Two-Family Residential District in conjunction with annexation to the City of Dubuque and Zoning Advisory Commission recommending approval, upon motion received and filed. Tom Henschel, 995 June Drive, spoke clarifying that 12 acres of the 39 acre parcel would be R-2 but the rest would remain AG Agricultural. An Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located west of Miller Road from Dubuque County R2 Single-Family Residential District and City of Dubuque AG Agricultural District to City of Dubuque R-2 Two-Family Residential District, concurrent with annexation, presented and read. Connors moved that this be considered the first reading of the Ordinance. Seconded by Cline. Motion carried 6-0. NCR Developers, Inc.lMartin McNamer - Request for Voluntary Annexation: Proof of publication on notice of hearing to consider a request from NCR Developers, Inc.lMartin McNamer to voluntarily annex 181.59 acres to the City of Dubuque contingent on approval of the development annexation agreement and City Manager recommending approval and a Resolution Approving application for voluntary annexation of territory owned by North Cascade Road Developers, LLC and American Trust and Savings Bank, as Trustee, upon motion received and filed. After holding the public hearing on the annexation request and hearing no comments, this item was tabled to the 6/19/06 Council meeting. Gary and Mary Beth Valentine - Request for Voluntary Annexation: Proof of publication on notice of hearing to consider a request from Gary and Mary Beth Valentine to voluntarily annex 58.62 acres to the City of Dubuque contingent on approval of the development annexation agreement and City Manager recommending approval and a Resolution Approving application for voluntary annexation of territory owned by Gary L. and Mary Beth Valentine, upon motion received and filed. After holding the public hearing on the annexation request and hearing no comments, this item was tabled to the 6/19/06 Council meeting. Thomas and Sheri Henschel - Request for Voluntary Annexation: Proof of publication on notice of hearing to consider a request from Thomas and Sheri Henschel to voluntarily annex 39.08 acres to the City of Dubuque contingent on approval of the development annexation agreement and City Manager recommending approval and Resolution Approving application for voluntary annexation of territory owned by Tom and Sheri Henschel, individually and as trustees, upon motion received and filed. After holding the public hearing on the annexation request and hearing no comments, this item was tabled to the 6/19/06 Council meeting. Hwy 151 & 61 Development, LLC Development Agreement: Proof of publication on notice of hearing to consider approval of a development agreement with Hwy 151 & 61 Development, LLC that provides for public financial assistance and other considerations for the redevelopment of the former Smithfield property on 16th Street and City Manager recommending approval, upon motion received and filed. Wayne Briggs, Hwy 151 & 61 Development LLC, and Dan McDonald, Greater Dubuque Development Corporation, spoke in support of the project. Connors moved adoption of Resolution No. 230-06 Authorizing the execution of a Development Agreement with Hwy 151 & 61 Development, LLC. Seconded by Lynch. Motion carried 6-0. Connors expressed appreciation for this development. University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications for the University Avenue Culvert and Sanitary Sewer Extension Reconstruction Project and award of the contract to Tschiggfrie Excavating Co. in the amount of $363,808.28 and City Manager recommending approval, upon motion received and filed. Cline moved adoption of Resolution No. 231-06 Adopting plans and specifications, Resolution No. 232-06 Awarding construction contract for the University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project and Resolution No. 233-06 Approving construction contract with Tschiggfrie Excavating Co. for the University Avenue Culvert Extension and Sanitary Sewer Reconstruction Project. Seconded by Connors. Motion carried 6-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS St. Mark Community Center: Communication from Sr. Inez Turnmeyer, Saint Mark Community Center, appealing the denial of the Historic Preservation Commission to allow wrapping wood window trim with aluminum and requesting that the City Council approve their request to continue wrapping the windows of the Center at 1201 Locust and 391 West 1ih Street and City Manager transmitting information regarding the appeal filed by St. Mark's 9 Community Center for the denial by the Historic Preservation Commission to allow wrapping wood window trim with aluminum, upon motion received and filed and concurred with the denial. Dick Landis, 2390 Clarke Crest Drive, and Sister Inez Turnmeyer, spoke clarifying the request. Mike Coty of the Historic Preservation Commission spoke stating that the Commission had done its best trying to make concessions in this case. Cline moved to receive and file the communications and reverse the denial of the Historic Preservation Commission and continue with the aluminum window wrapping. Seconded by Braig. Motion failed due to the following vote: Yeas-Braig, Cline. Nays-Connors, Jones, Lynch, Michalski. Cline moved to receive and file the communications and refer the matter back to the Historic Preservation Commission. Seconded by Connors. Motion carried 6-0. Eagle Point Bluff Study: City Manager recommending approval to hire Kleinfelder, Inc. to help develop bid documents to scale the loose rocks and remove trees from the brow of the slope of the Eagle Point Bluff and to hire them to inspect the work as it is performed, upon motion received and filed and approved recommendation. Gas and Electric Franchise Fee: City Manager recommending approval of the issuance of a Request for Proposals to select a consultant to do an analysis of the City's administrative expenses with regard to administering a franchise fee and that the two percent fee continue to be collected, upon motion received and filed and approved recommendation. Historic Preservation Commission - Ordinance and Funding Amendments: Preservation Commission recommending approval of an amendment to the Historic Historic Preservation Ordinance to allow Individual Designation of Historic Properties and to amend the Historic Preservation Funding Programs to make individually designated historic properties eligible for funding, upon motion received and filed. Ordinance No. 38-06 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances to provide for individual designation of historic properties, presented and read. Connors moved 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 finally passed be suspended. Seconded by Braig. Motion carried 6-0. Connors moved final consideration and passage of the Ordinance. Seconded by Braig. Motion carried 6-0. Millworking District: Historic Preservation Commission recommending that the City Council approve initiation of a process to nominate the proposed Millworking Historic District to the National Register of Historic Places, approve the use of $10,000 in Historic District Public Improvement Program (HDPIP) funds for the nomination process, and direct the Commission to partner with the Envision 2010 Warehouse District Committee in educating property owners, upon motion received and filed and approved recommendation. Community Partnership (cp2) Program - Fiscal Year 2007: Recommendation of the Community Development Advisory Commission for allocation of Community Partnership Program (cp2) funds, upon motion received and filed. Cline moved adoption of Resolution No. 234-06 Authorizing the award of Community Partnership Program (cp2) funds for Fiscal Year 2007. Seconded by Lynch. Motion carried 6-0. Building Permit Moratorium - Southwest Arterial: City Manager recommending approval to extend the development moratorium in the Iowa 32 (Southwest Arterial) Corridor to July 1, 10 1t 6/14 2007, upon motion received and filed. Ordinance No. 39-06 Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11- 58.3 to extend a moratorium on the issuance of permits for work in the Iowa 32 (Southwest Arterial) corridor, presented and read. Cline moved 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 finally passed be suspended. Seconded by Connors. Motion carried 6-0. Cline moved final consideration and passage of the Ordinance. Seconded by Lynch. Motion carried 6-0. Art on the River: City Manager recommending approval of the 2006 Art on the River jury selection for outdoor sculpture at the Port of Dubuque, upon motion received and filed and approved recommendation. Amendment to Cable Franchise: City Manager recommending approval of the first amendment to the City's Cable Franchise between the City of Dubuque and MCC Iowa, LLC., upon motion received and filed. Ordinance No. 40-06 Approving an amendment to the Cable Franchise Agreement between the City of Dubuque, Iowa and MCC Iowa, LLC, presented and read. Cline moved 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 finally passed be suspended. Seconded by Connors. Motion carried 6-0. Cline moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 6-0. Unoccupied Residential Property: City Manager recommending approval of an ordinance prohibiting the keeping of cats or dogs on unoccupied residential property, upon motion received and filed. Ordinance No. 41-06 Amending the City of Dubuque Code of Ordinances, Chapter 7 Animals or Fowl, by adopting a new Section 7-29 Prohibiting the Keeping of Cats and Dogs on Unoccupied Residential Property, presented and read. Braig moved 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 finally passed be suspended. Seconded by Jones. Motion carried 6-0. Braig moved final consideration and passage of the Ordinance. Seconded by Jones. Motion carried 6-0. COUNCIL MEMBER REPORTS Connors stated that "Cabaret" was outstanding. Jones urged everyone to vote June 6, 2006. Michalski commented on her recent National League of Cities meeting in Wichita, Kansas. At 9:44 P.M. upon motion Council went into Closed Session: Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)O) 2005 Code of Iowa. At 10: 11 Council reconvened Regular Session stating staff had been given proper direction. There being no further business, upon motion meeting adjourned at 10:12 P.M. /id44~/f~/~ ~:~ne F. Schneider, CMC City Clerk 1 1