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Minutes City Council 3 5 07 CITY OF DUBUQUE COUNCIL PROCEEDINGS SPECIAL SESSION City Council Special Session, March 5, 2007 Council met in Special Session at 5:00 PM in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen; City Attorney Lindahl. Mayor Buol read the call and stated this is a Special Session of the City Council called for the purpose of discussing the 2006-2007 Update of the Comprehensive Plan. Charles Winterwood, Long Range Planning Advisory Commission Chairperson, presented the updates to the Council for their consideration. Objective 4.6 Create a bluff overlay district with appropriate building height restrictions for bluff-top, bluff-line, and bluff-base development to maintain bluffs as scenic attractions: Council concurred to strike entire Objective. Objective 5.3 Protect natural vistas from the clutter of inappropriate physical development: Braig recommended striking the entire Objective. Council concurred. Objective 5.6 Create a “checks and balances” approach to development, including bluff preservation and development, based on some of the same concepts used in the Historic Preservation Ordinance; e.g. historic and cultural significance, and also develop a scale to measure whether a structure is “in proportion:” Cline recommended striking the entire Objective. Council concurred. Objective 6.7 Involve developers in creating mixed use developments and mixed use regulations, including architectural designs for new commercial uses (buildings, signs, parking) that are indistinguishable from surrounding residential uses; don’t allow franchises to dictate architecture, signs, and parking lot designs: City Manager recommended striking the phrase “…that are indistinguishable from surrounding residential uses,” Council concurred. Objective 8.5 Encourage the provision of access to persons with disabilities: Michalski recommended replacing the word “encourage” with “assure.” City Attorney Lindahl suggested the wording “Promote assurance with provisions of ADA for persons with disabilities.” Council concurred. Objective 8.5 Repair and enhance use of public stairways or create acceptable alternatives for pedestrian access to connect bluff neighborhoods with downtown. Council concurred to strike the entire Objective. Objective 8.6 Install sidewalks or alternate pedestrian access on all roadways where possible. Council concurred to strike the entire Objective. Objective 9.2 Ensure new development is appropriate for existing street system. Council concurred to strike the entire Objective. Objective 9.8 Compliment the human scale and historic bulk and mass of existing structures when designing new or redeveloped structures. Michalski stated that this is a contentious matter, agreed with the ending point but re-wording was necessary. Council concurred. Objective 9.10 Develop a policy for relocated businesses to work with public and the City to develop exit plan for redevelopment or rebuild on same site. The Mayor stated that this is unmanageable. Braig recommended striking the entire Objective. Council concurred. Objective 10.6 Balance farmland and critical area preservation with the need to annex developable land for urban expansion. Council questioned how this would work with annexation and stated this should be part of Dubuque County’s Comprehensive Plan. Concurred to strike entire Objective. Staff was directed to schedule another work session to continue the review of the Comprehensive Plan. There being no further discussion, upon motion the meeting was adjourned at 6:16 p.m. /s/ Jeanne F. Schneider, CMC City Clerk CITY OF DUBUQUE COUNCIL PROCEEDINGS REGULAR SESSION City Council Regular Session, March 5, 2007 Council Met in Regular Session at 6:30 PM in the Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of discussing such matters which may properly come before the Council. Invocation was given by Reverend Jerry Oakland, St. Luke’s Methodist Church PROCLAMATIONS Mental Retardation Awareness Month was accepted by Julie Jordahl Boys and Girls Club Week was accepted by Molly Casey CONSENT ITEMS Minutes and Reports Submitted: City Council of 2/15, 2/20, 2/22, and 2/26; Civil Service of 1/9 and 1/25; Historic Preservation Commission of 2/15; Long Range Planning Advisory Commission of 2/14, upon motion received and filed. 2 Proof of publication of City Council Proceedings of February 5, 2007, upon motion received and filed. Notice of Claims/Suits: William Ambrosy for vehicle damage; LeRoy Cain for vehicle damage; Gail Featherston for vehicle damage; Thomas Koch, d/b/a Paul’s Tavern vs. City of Dubuque, Iowa for property damage; Mark Lange for vehicle damage; George Maury for vehicle damage; Mary V. Moyer for vehicle damage; Linda A. Strong for personal injury; Steven Viertel for vehicle damage, upon motion received, filed and referred 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: William Ambrosy for vehicle damage, Mary Donath for property damage, Gail Featherston for vehicle damage, Mark Lange for vehicle damage, Mary V. Moyer for vehicle damage, Linda A. Strong for personal injury, and Steven Viertel for vehicle damage, upon motion received, filed and concurred. City Attorney recommending that the claims of LeRoy Cain for vehicle damage and George Maury for vehicle damage be denied, upon motion received, filed and concurred. Airport Commission: Communication from Teri Hawks Goodmann resigning her position on the Airport Commission, upon motion received and filed. Bowling and Beyond Dubuque, Inc.: Communication from Arthur F. Gilloon, representing Bowling and Beyond Dubuque, Inc., providing notification that Bowling and Beyond Dubuque, Inc., hereby exercises its option to extend the May 2, 1958, lease, the April 14, 1964, lease, and the “Addendum to Lease Agreement” dated June 19, 1973, for an additional term of fifty (50) years. Van Milligen clarified that the original lease contained an option to extend, and such language in future leases will be negotiated. Motion by Michalski to receive and file. Seconded by Cline. Passed 7-0. Collective Bargaining Agreement - International Union of Operating Engineers: City Manager recommending approval of the three year collective bargaining agreement with the International Union of Operating Engineers, Local #758. Motion by Cline to receive, file, and adopt Resolution No. 116-07 Approving the agreement between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local #758, and authorizing the Mayor to sign the agreement. Seconded by Lynch. Passed 7-0. 2404 Washington Street – Purchase of Property: City Manager recommending approval of the purchase of a four-plex residential dwelling located at 2404 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Motion by Cline to receive, file and adopt Resolution No. 117-07 Approving the acquisition of real estate located at 2404 Washington Street in the City of Dubuque. Seconded by Lynch. Passed 7-0 2318 Washington Street – Purchase of Property: City Manager recommending approval of the purchase of a residential dwelling located at 2318 Washington Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Motion by Cline to receive, file, and adopt Resolution No. 118-07 Approving the acquisition of real estate located at 2318 Washington Street in the City of Dubuque. Seconded by Lynch. Passed 7-0. 3 nd 508 East 22 Street – Purchase of Property: City Manager recommending approval of the nd purchase of a residential dwelling located at 508 East 22 Street as part of the acquisition program associated with the Bee Branch Creek Restoration Project. Motion by Cline to receive, file and adopt Resolution No. 119-07 Approving the acquisition of real estate located at nd 508 East 22 Street in the City of Dubuque. Seconded by Lynch. Passed 7-0 Purchase of Replacement Dump Truck #4404: City Manager recommending approval of the purchase of a replacement one-ton dump truck by the Leisure Services Department. Motion by Cline to receive, file and adopt Resolution No. 120-07 Approving the purchase of a dump truck to replace #4404. Seconded by Lynch. Passed 7-0. Purchase of Replacement Dump Truck #4408: City Manager recommending approval of the purchase of a one-ton replacement dump truck by the Leisure Services Department. Motion by Cline to receive, file and adopt Resolution No. 121-07 Approving the purchase of a dump truck to replace #4408. Seconded by Lynch. Passed 7-0. Purchase of Replacement Dump Truck #3216: City Manager recommending approval of the purchase of a new 54,000 GVW dump truck by the Public Works Department to replace #3216. Motion by Cline to receive, file and adopt Resolution No. 122-07 Approving the purchase of a dump truck to replace #3216. Seconded by Lynch. Passed 7-0. City Manager Employment Agreement: Approval of the sixteenth amendment to the City Manager’s employment agreement, upon motion received, filed, and approved. Legislative Correspondence: Communication to the Subcommittee of Senate Commerce Committee relaying concerns the City of Dubuque has with Senate Study Bill (SSB) 1208 regarding statewide cable television franchising. Communication to State Legislators urging opposition to SSB 1208 in its current form and any legislation that prevents a community from acquiring a cable television franchise that best meets the needs of its citizens. Communication to Federal Legislators requesting support of additional Fiscal Year 2008 Federal Funding for trail development as part of the City of Dubuque’s Iowa Great Places designation. Communication to State Legislators concerning legislation affecting Tax Increment Financing and the Instructional Support Levy. Upon motion received and filed. University of Dubuque I-Net User Agreement: City Manager recommending approval of an I- Net User Agreement with the University of Dubuque, upon motion received, filed, and approved. Severance of Properties: City Manager recommending approval of the severance requests of two properties on Sandpiper Lane and two properties on Berry Lane from the City of Dubuque. Motion by Cline to receive, file and adopt Resolution No.123-07 Approving applications for voluntary severance of territory from the City of Dubuque, Iowa. Seconded by Lynch. Passed 7-0. Fiscal Year 2008 Capital Improvement Program: Communication from the Long Range Planning Advisory Commission recommending approval of the City Manager’s recommended Fiscal Year 2008 Capital Improvement Program budget as consistent with the Comprehensive Plan, upon motion received and filed. 4 Sustainable Design Assessment Team: City Manager recommending approval of a Memorandum of Understanding with the American Institute of Architects for the Sustainable Design Assessment Team grant, upon motion received, filed, and approved. United Development Code Citizens Advisory Committee: City Manager recommending that Dr. Charles Winterwood be approved as an additional member to the Unified Development Code Citizens Advisory Committee, upon motion received, filed, and approved. Greater Downtown Urban Renewal District: Communication from the Long Range Planning Advisory Commission in support of the proposed amendment to the Amended and Restated Greater Downtown Urban Renewal District and recommending approval, upon motion received and filed. th Petition for Drop-Off/Pick-Up Lane on 25 Street: City Manager recommending that a th petition for a drop-off/pick up lane on 25 Street for a licensed child care center at 2501 Jackson Street be referred to the City Manager, upon motion received, filed, and referred to City Manager. Silos and Smokestacks Grant Application: City Manager recommending support of a Friends of the Mines of Spain State Recreation Area grant application to the Silos and Smokestacks National Heritage Area, upon motion received, filed, and approved. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that the Dubuque Star Brewery, 500 East Fifth Street, has been accepted for nomination to the National Register of Historical Places by the State Nominations Review Committee, upon motion received and filed. Arts and Culture Grant Program for Special Projects: Arts and Cultural Affairs Advisory Commission recommending approval of a modification to the Arts and Culture Grant Program for Special Projects, upon motion received, filed, and approved. Citizen Communication: Communication from John and Betty Fox expressing gratitude to the Dubuque Fire Department for the prompt and efficient response on February 9, 2007, upon motion received and filed. Signed Contracts: Iowa Department of Natural Resources Grant Contract, upon motion received and filed. Business License Refund: Request of WCB Hotels, Inc., d/b/a Best Western Midway Hotel/Hoffman House Restaurant/3100 Club, for a refund of Cigarette License #DBQ-062 in the amount of $25.00, upon motion received, filed, and approved. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Motion by Cline to receive, file and adopt Resolution No. 124-07 Granting the issuance of a Class “C” Beer Permit to Econo Foods and Hartig Drug #8, and Resolution No. 125-07 Granting the issuance of a Class “C” Beer/Liquor License to Chances R, Yardarm Bar, Dubuque Greyhound Park, Neighbor’s Tap, Bunker Hill, and Isabella’s; Class “E” Liquor License to Hartig Drug #8; Class “B” Wine Permit to Hartig Drug #8 and Econo Foods #471; 5 and Class “WBN” Native Wine to National Mississippi River Museum. Seconded by Lynch. Passed 7-0. ITEMS TO BE SET FOR PUBLIC HEARING City Hall Envelope Restoration (Tuckpointing) Project: City Manager recommending initiation of the public bidding process for the City Hall Envelope Restoration (Tuckpointing) Project and that a public hearing be set for April 2, 2007. Motion by Cline to receive, file and adopt Resolution No. 126-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the City Hall Envelope Restoration (Tuckpointing) Project; Resolution No. 127-07 Setting date of public hearing on plans and specifications, form of contract, and estimated cost for the City Hall Envelope Restoration (Tuckpointing) Project for April 2, 2007, 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. 128-07 Ordering the advertisement for bids for the City Hall Envelope Restoration (Tuckpointing) Project. Seconded by Connors. Passed 7-0. Federal Building – Third Floor Window Repair/Lead Abatement Removal Project: City Manager recommending initiation of the public bidding process for the Federal Building – Third Floor Window Repair/Lead Abatement Removal Project and that a public hearing on the plans and specifications, form of contract and estimated cost be set for April 2, 2007. Motion by Cline to receive, file and adopt Resolution No. 129-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Federal Building - Third Floor Window Repair/Lead Abatement Removal Project; Resolution No. 130-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Federal Building - Third Floor Window Repair/Lead Abatement Removal Project for April 2, 2007, 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. 131-07 Ordering the advertisement for bids for the Federal Building - Third Floor Window Repair/Lead Abatement Removal Project. Seconded by Connors. Passed 7-0. Valentine Park Rest Room Project: City Manager recommending initiation of the Valentine Park Rest Room Project and that a public hearing be set for April 16, 2007. Motion by Cline to receive, file and adopt Resolution No. 132-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Valentine Park Rest Room Project; Resolution No. 133-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Valentine Park Rest Room Project for April 16, 2007, 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. 134-07 Ordering the advertisement for bids for the Valentine Park Rest Room Project. Seconded by Connors. Passed 7-0. BOARDS/COMMISSIONS Applicants were invited to address the Council regarding their desire to serve on the following Boards/Commissions: Zoning Board of Adjustment (One unexpired 5-year term through March 2012 – term of Gibbs) Applicant: William Gibbs. TV Cable Regulatory Commission (One expired three-year term through June 2009 – term of Ellis). Applicant: Charles Ellis 6 Appointments to the following Boards/Commissions: Community Development Advisory Commission (One At-Large term – term of Giesen, one Housing Commission Representative term – vacant and one Low/Moderate Income term all through February 2010). Applicants: Michael Gukeisen, Theresa Caldwell. Motion by Michalski to re-appoint Michael Gukeisen and appoint Theresa Caldwell to three-year terms expiring February 15, 2010. Seconded by Braig. Passed 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the Council Loras College – Request to Vacate and Purchase: Proof of publication on notice of hearing to consider a request from Loras College to vacate and purchase the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street and City Manager recommending approval. Steve Schmall of Loras College spoke in support of the request. Motion by Cline to receive, file, and adopt Resolution No. 135-07 Approving plat of proposed vacated alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street; Resolution No. 136-07 Vacating the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street; and Resolution No. 137-07 Disposing of City interest in the alleys between Alta Vista Street and North Booth Street from Loras Boulevard to Vernon Street in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Passed 7-0. Finley Home Addition – Request to Purchase: Proof of publication on notice of hearing to consider a request from Dennis Benda, representing The Finley Hospital, to purchase a portion of Lot 25 of Finley Home Addition and City Manager recommending approval. Dennis Benda of Finley Hospital informed Council that the plan is to widen the hospital’s loading dock. Motion by Connors to receive, file, and adopt Resolution No. 138-07 Disposing of City interest in Lot 1 of Finley Home Addition No. 2 in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Passed 7-0. Third Street Water Tower Lease Agreement: Proof of publication on notice of hearing to consider approval of a lease agreement with Iowa Communications and Technology Commission of the State of Iowa (ICN) for the ICN building beneath the Third Street water tower and City Manager recommending approval. Motion by Braig to received, file, and adopt Resolution No. 139-07 Disposing of an interest in real property by lease agreement with the Iowa Communications and Technology Commission. Seconded by Jones. Passed 7-0. 7 Residential Parking Permit District: Proof of publication on notice of hearing to consider a request to establish a Residential Parking Permit District on Phyllrich Drive between Keystone Drive and Keymont Drive. Steven Welu, 1841 Phyllrich, spoke in support of the district. Adam Mennig, 3130 Ideal Lane, spoke in opposition of the district. Following Council discussion, motion by Connors 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. Failed 5-2 with Michalski and Cline dissenting. Motion by Connors that this be considered the first reading of the Ordinance amending the Code of Ordinances of the City of Dubuque, Iowa by adopting a new Section 32-401 providing for the designation of Phyllrich Drive between Keystone Drive and Keymont Drive as a residential parking Permit District. Seconded by Jones. Passed 5-2 with Michalski and Cline dissenting. Historic Old Main Street Lighting and Sidewalk Replacement Project: Proof of publication on notice of hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk Replacement Project and City Manager recommending approval. Motion by Michalski to receive, file, and adopt Resolution No. 140-07 Approval of plans and specifications, form of contract, and estimated cost for the Historic Old Main Street Lighting and Sidewalk Replacement Project; Resolution No. 141-07 With respect to the adoption of the Resolution of Necessity proposed for the Historic Old Main Street Lighting and Sidewalk Replacement Project; and Resolution No. 142- 07 Adopting the preliminary schedule of assessments for the Historic Old Main Street Lighting and Sidewalk Replacement Project. Seconded by Braig. Passed 7-0. Fifth Street Reconstruction – Alpine to Hill Streets Project: Proof of publication on notice of hearing to consider approval of the plans and specifications, form of contract, and estimated cost for the Fifth Street Reconstruction – Alpine to Hill Streets Project and City Manager recommending approval. Motion by Connors to receive, file, and adopt Resolution No. 143-07 Approval of plans and specifications, form of contract, and estimated cost for the Fifth Street Reconstruction – Alpine to Hill Streets Project; Resolution No. 144-07 With respect to the adoption of the Resolution of Necessity proposed for the Fifth Street Reconstruction – Alpine to Hill Streets Project; and Resolution No. 145-07 Adopting the preliminary schedule of assessments for the Fifth Street Reconstruction – Alpine to Hill Streets Project. Seconded by Lynch. Passed 7-0. US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II: Proof of publication on notice of hearing to consider the US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II and City Manager recommending rejection of all bids received. Motion by Connors to receive, file, and adopt Resolution No. 146-07 Rejecting bids for the US 20 (Devon Drive to Menards) Capacity Improvements Project – Phase II, Traffic Signal and Intelligent Transportation System Improvements (Iowa DOT Project No. STP-A- 020-9(187)—22-31). Seconded by Braig. Passed 7-0. Greg Adams/Stewart Construction, Inc. – Reconsideration: Proof of publication on notice of hearing to reconsider the reclassifying of property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial District, as requested by Wayne Briggs/Stewart Construction, Inc., and Zoning Advisory Commission recommending approval, with conditions. Attorney for the developers, Brian Kane, requested a change in the Memorandum of Agreement that the 20 ft. height restriction be changed to 35 ft. to accommodate proposed tenants Alter Scrap and BFI. 8 Motion by Cline to receive and file proposed Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at the southwest corner of Seippel Road and Old Highway Road (Lot 1 of 2 Mason Cate Estates) from LI Light Industrial District to HI Heavy Industrial District, with conditions, and recess public hearing to March 19, 2007, at a meeting to commence at 6:30 P.M. in the public library auditorium. Seconded by Connors. Passed 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS National Scenic Byways Grant Agreements: City Manager recommending approval of an agreement with the Iowa Department of Transportation for a $5,000,000 National Scenic Byways grant for the design and construction of the Great Rivers Center and Rivers to the Sea Exhibit, a subgrantee agreement with the Dubuque County Historical Society to provide the local match for the grant, and an escrow agreement with the Historical Society for the local match. DCHS President Jeff Bertsch spoke in support of the agreement. Motion by Connors to Receive, file, and adopt Resolution No. 147-07 Authorizing an agreement with the Iowa Department of Transportation and a Subgrantee Agreement and Escrow Agreement with the Dubuque County Historical Society for a National Scenic Byways Grant for the Great Rivers Center and Rivers to the Sea Exhibit. Seconded by Braig. Passed 7-0. Transportation Clerk Position: City Manager recommending approval of the abolishment of the Transportation Clerk position in the Transit Department. Motion by Cline to receive, file, and adopt Resolution No. 148-07 Abolishing the Transportation Clerk position. Seconded by Connors. Passed 6-1 with Michalski dissenting. Future Land Use Planning for Environs: City Manager recommending that the City Council continue on the current path of planned and managed growth and not support a two-mile agricultural buffer around the Airport. Communication from the Long Range Planning Advisory Commission recommending that the City Council open communication with the Dubuque County Board of Supervisors regarding land uses and zoning which surround the Airport. Following Council discussion, motion by Cline to receive and file. Seconded by Connors with inclusion of an additional memo from Chamber of Commerce. Passed 7-0. Installation of Sidewalks on John F. Kennedy Road: Communication from Beverly McCarthy, 3038 Huntington Drive, regarding the lack of sidewalks on John F. Kennedy Road. Following Council discussion, motion by Jones to receive, file, and ask staff to develop a proposal for consideration. Seconded by Connors. Passed 7-0. Welcome to Dubuque Signs: City Manager requesting City Council direction on proposed verbiage for two new Welcome to Dubuque Signs. Council directed staff to incorporate the words “Masterpiece on the Mississippi,” use the same design and locations as indicated. Motion by Cline to receive and file. Seconded by Michalski. Passed 7-0. COUNCIL MEMBER REPORTS (None) 9 PUBLIC INPUT Greater Dubuque Development Executive Director Rick Dickinson spoke in support of not creating a two-mile agricultural buffer around the Airport. CLOSED SESSION At 8:38 PM upon motion it was resolved enter into Closed Session re: Pending Litigation and Property Acquisition – Chapter 21.5(1) (c) (j) 2005 Code of Iowa. At 8:46 PM Council reconvened regular session stating staff had been given proper direction. The being no further business, upon motion Council adjourned at 8:47 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 1t 3/14 10