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Minutes City Council 5 21 07 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on May 21, 2007, in the Public Library Auditorium. Mayor Buol read the call stating that this was a special session of the Dubuque City Council to discuss Pending Litigation and Property Acquisition pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Present: Mayor Buol, Council Members Cline, Connors (via conference phone), Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Braig Upon motion Council adjourned special session at 5:29 p.m. having given staff proper direction. ********************************************************************************************************** CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:35 p.m. on May 21, 2007, in the Public Library Auditorium. Mayor Buol read the call and stated that this was a regular session of the Dubuque City Council to discuss such matters that should properly come before Council. Present: Mayor Buol, Council Members Cline, Connors (via conference phone), Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Braig Invocation was provided by Assistant Pastor Sean Hirschy, Word of Life Church Proclamations Mental Health Month, May 2007, was accepted by John Cordes, Mental Health America, 1951 Alta Vista, and presented Council with the DVD “Lincoln’s Melancholy;” and Apples for Students, June and July, 2007. CONSENT ITEMS Motion by Cline to receive and file the documents, refer to staff, and adopt resolutions as specified. Seconded by Lynch. Michalski requested #1 (Minutes and Reports Submitted) be held for separate discussion. Motion carried 6-0. Minutes and Reports Submitted: Airport Commission of 4/23; Arts and Cultural Affairs Advisory Commission 3/27; Civil Service Commission of 4/5 and 4/16; City Council of 5/7; Environmental Stewardship Advisory Commission of 5/1; Human Rights Commission of 4/9; Library Board of Trustees of 4/10, 4/13 and 4/18; Park and Recreation Commission of 4/10; Zoning Advisory Commission of 5/2. Motion by Michalski to receive and file the documents. Seconded by Jones. Michalski commended the boards and commissions staff for their prompt submission of minutes. She noted that there were no minutes from the Transit Board of Trustees March meeting. Please remind the boards and commissions to communicate Council in a timely manner. Motion carried 6-0. Library Board of Trustees Update from meeting of April 26, 2007 Proof of Publication of List of Claims and Summary of Revenues for month ending March 31, 2007 Notice of Claims/Suits: Michael Elliot for property damage; Westfield Insurance Company on behalf of Jeffrey and Dianne Brimeyer for property damage; Pfohl’s Inc., for property damage; Dubuque Bible Church for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Dubuque Bible Church for property damage; Jeffrey and Dianne Brimeyer for property damage; and Pfohl’s Inc., for property damage City Attorney recommending settlement of the claim of Linda M. Loney for property damage and the claim of Michael Elliot for property damage. Upon motion, the documents were received, filed, and concurred. First Amendment to Conlon Johnson Development Agreement: City Manager recommending approval of an amendment to the Conlon Johnson (Sedgewick) Development Agreement. Upon motion the documents were received, filed, and approved. Dubuque Technology Park Plat of Survey: City Manager recommending approval of subdividing Lot 10, Block 2 of the Dubuque Technology Park to accommodate the Entegee economic development project. Upon motion the documents were received and filed and Resolution No. 272-07 Approving plat of survey of Lot 1 Dubuque Technology Park No. 3 in the City of Dubuque, Iowa; and Resolution No. 273-07 Approving plat of survey of Lot 1 of 10 and Lot 2 of 10, Block 2 Dubuque Technology Park in the City of Dubuque, Iowa, were adopted. 2006 (Fiscal Year 2007) Asphalt Paving Program: City Manager recommending acceptance of the 2006 (Fiscal Year 2007) Asphalt Paving Program as completed by River City Paving in the final contract amount of $1,055,618.25. Upon motion the documents were received and filed, and Resolution No. 274-07 Accepting the 2006 (Fiscal Year 2007) Asphalt Paving Program and authorizing the payment of the contract amount to the contractor was adopted. Four Mounds Archeological Survey: City Manager recommending approval of the selection of Great Lakes Archaeological Research Center for the Four Mounds Archeological Investigation. Upon motion the documents were received, filed, and approved. 2 Tri-State Development LLC Rezoning/Annexation: City Manager recommending approval of the withdrawal of the voluntary annexation request by Tri-State Development LLC. Upon motion the documents were received, filed, and approved. Kivlahan Farms Preliminary Plat: Zoning Advisory Commission submitting the preliminary plat of Kivlahan Farms for City Council information only. Upon motion the documents were received and filed. Sewer Pipeline Inspection Vehicle and Camera Equipment: City Manager recommending approval of the purchase of a sewer pipeline inspection vehicle and associated camera equipment from Cues Inc., in the amount of $126,750. Upon motion the documents were received, filed, and approved. Encephalitis (West Nile) Monitoring – Memorandum of Understanding: City Manager recommending approval of the Memorandum of Understanding with the Iowa Department of Public Health for activities related to Encephalitis/West Nile disease monitoring. Upon motion the documents were received, filed, and approved. Citizen Communications: Correspondence from Larry Youtzy expressing opposition to the installation of sidewalks along John F. Kennedy Road. Communication from Jan and Bill Stoffel submitting a petition in support of the installation of sidewalks along John F. Kennedy Road and communication from Tracy Nowack in support of the installation of sidewalks along John F. Kennedy Road. Correspondence from Dr. Charles Winterwood, Vice President of Tri-State Trail Vision, thanking the Mayor, City Council and staff for including a feasibility study in the Fiscal Year 2007 budget for a hiking/biking trail along the middle fork of Catfish Creek. Correspondence from Valerie Hogan, owner of the Mississippi Mug, expressing opposition to the City’s business incentives for Genuine Genius. Upon motion the documents were received and filed. Lease Agreement with Tri-State Modelers: City Manager recommending approval of a lease agreement with Tri-State Modelers for a section of the former Roosevelt Park. Upon motion the documents were received, filed, and approved. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Confidential Account Clerk. Upon motion the documents were received, filed, and made a Matter of Record. Mediacom 2006 Annual Report: Mediacom submitting the 2006 Annual Report, which is on file in the City Clerk’s Office. Upon motion the documents were received and filed. Calendar Year 2007 Pavement Marking Program: City Manager recommending award of the contract for the Calendar Year 2007 Pavement Marking Program to Selco, Inc., in the amount of $60,274.10. Upon motion the documents were received, filed, and approved. Historic White Water Creek Bridge Relocation Project – Phase II: City Manager recommending rejection of the bids received for the White Water Creek Bridge Relocation Project Phase II, Lead Paint Removal, Cleaning, and Painting. Upon motion the documents 3 were received and filed, and Resolution No. 275-07 Rejecting the contract bid proposal for the Historic White Water Creek Bridge Relocation Project, Phase II – Lead Paint Removal, Cleaning, and Painting was adopted. City of Asbury Voluntary Annexation: Notice from the City Development Board of the public hearing to be held on the matter of the City of Asbury voluntary annexation including non- consenting owners. Findings of Fact and Conclusions of Law and Determination in the matter of the voluntary annexation of the City of Asbury within the urbanized area of the City of Dubuque. Upon motion the documents were received and filed. Improvement Contracts / Performance, Payment and Maintenance Bonds: Federal Building Exterior Window Lead Paint Removal & Painting and Renovated Areas Window Repair, Glass Replacement, Interior Window Lead Paint Removal & Painting Project. Upon motion the documents were received, filed, and approved. Business License Refund: Kevin Menning, One Flight Up Liquor License: Upon motion the documents were received, filed, and approved. Business Licenses: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed, and Resolution No. 276-07 Granting the issuance of one new permit to sell cigarettes and cigarette papers; Resolution No. 277-07 Granting the issuance of a Class C Beer Permit to HyVee Food Store B, Hartig Drug #2, and Awn Stop Mart #2; Resolution No. 278-07 Granting the issuance of a Class C Beer/Liquor License to Easy Street, Denny’s Lux Club, Kalmes Breaktime Bar/Grill; Special Class C Liquor License to Dubuque Jaycees; Class B Wine License to Hartig Drug #2 and HyVee Food Store B; and Resolution No. 279-07 Granting the issuance of a Class WCN Native Wine License to Stone Cliff Winery (contingent on final City inspections and approvals) were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive, file, adopt resolutions, set public hearings as specified, and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Jones. Motion carried 6-0. Ice Harbor Transient Boat Dock Project: City Manager recommending initiation of the public bidding process for the Ice Harbor Transient Boat Dock Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for June 4, 2007. Upon motion the documents were received and filed, and Resolution No. 280-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Ice Harbor Transient Boat Dock Project; Resolution No. 281-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Ice Harbor Transient Boat Dock Project; and Resolution No. 282-07 Ordering the advertisement for bids for the Ice Harbor Transient Boat Dock Project were adopted setting a hearing for a meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium. Decorative Concrete Repair and Maintenance Project: City Manager recommending initiation of the public bidding process for the Decorative Concrete Repair and Maintenance Project and that a public hearing on the plans and specifications, form of contract, and 4 estimated cost be set for June 4, 2007. Upon motion the documents were received and filed, and Resolution No. 283-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Decorative Concrete Repair and Maintenance Project; Resolution No. 284-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Decorative Concrete Repair and Maintenance Project; and Resolution No. 285-07 Ordering the advertisement for bids for the Decorative Concrete Repair and Maintenance Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium. Third Street Overpass Lighting Project: City Manager recommending initiation of the public bidding process for the Third Street Overpass Lighting Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for June 4, 2007. Upon motion the documents were received and filed, and Resolution No. 286-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Third Street Overpass Lighting Project: Resolution No. 287-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Third Street Overpass Lighting Project; and Resolution No. 288-07 Ordering the advertisement for bids for the Third Street Overpass Lighting Project were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium. Kaufmann Avenue Alley Storm Sewer Construction Project: City Manager recommending initiation of the public bidding process for the Kaufmann Avenue Alley Storm Sewer Construction Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for June 18, 2007. Upon motion the documents were received and filed, and Resolution No. 289-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Kaufmann Avenue Alley Storm Sewer Construction Project; Resolution No. 290-07 Setting date of hearing on plans and specifications, form of contract, and estimated cost for the Kaufmann Avenue Alley Storm Sewer Construction Project; and Resolution No. 291-07 Ordering the advertisement for bids for the Kaufmann Avenue Alley Storm Sewer Construction Project were adopted setting a public hearing for June 18, 2007, in the Public Library Auditorium. Vacate of Kerper Boulevard Property: City Manager recommending that a public hearing be set for June 4, 2007 to consider a request from Union-Hoerman Press to vacate a portion of Kerper Boulevard that abuts the existing Union-Hoermann facility at 2175 Kerper Boulevard. Upon motion the documents were received and filed, and Resolution No. 292-07 Resolution of intent to vacate and dispose of City interest in Lot 1A, Block 19, River Front Subdivision No. 3 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 June 4, 2007, in the Public Library Auditorium. Port of Dubuque Parking Ramp – Urban Renewal Tax Increment Revenue Bonds: City Manager recommending that a public hearing be set for July 26, 2007, to consider the sale of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds. Upon motion the documents were received and filed, and Resolution No.293-07 Fixing date for a hearing on the proposition of the issuance of not to exceed $25,000,000 Urban Renewal Tax Increment Revenue Bonds, of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 26, 2007, in the Public Library Auditorium. 5 Interstate Power Company – Permanent Easement: City Manager recommending that a public hearing be set for June 4, 2007 to consider approval of granting a permanent easement to Interstate Power Company in the Port of Dubuque. Upon motion the documents were received and filed, and Resolution No. 294-07 Resolution of intent to dispose of an interest in real property by easement to Interstate Power and Light Company setting a public hearing for a meeting to commence at 6:30 p.m. on June 4, 2007, in the Public Library Auditorium. BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Arts and Cultural Affairs Advisory (Four 3-year “Arts” terms through June 30, 2010 – Terms of Kames, Kohl, Riedel, Wahlert). Applicants: Catherine Goodman, Tom Goodman, Paul Hemmer, Louise Kames, Paul Kohl, Ioana Mamali, Gene Perry, Susan Riedel, Julie Steffen, John Woodin. Upon vote Paul Hemmer, Louise Kames, Paul Kohl, and Susan Riedel were appointed to 3-year terms through June 20, 2010. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Dubuque Industrial Center Planned District: Proof of publication on notice of public hearing to consider an amendment to the Dubuque Industrial Center Planned District from Open Space to Industrial as requested by Matt Horsfield, Horsfield Company, and Zoning Advisory Commission recommending approval. Motion by Michalski to receive and filed the documents, and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Lynch. Motion carried 6-0. Matt Horsfield, 505 E. Main St. Epworth, Iowa, spoke in support of the ordinance. Kyle Kritz, Planning Services, gave a staff report. Motion by Michalski for final consideration and adoption of Ordinance No. 22-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planning Unit Development Ordinance for the Dubuque Industrial Center Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 34-06. Seconded by Jones. Motion carried 6-0. 8005 Seippel Court Rezoning: Proof of publication on notice of public hearing to consider rezoning property located at 8005 Seippel Court from R-2 Two-Family Residential District to CS Commercial Service and Wholesale District as requested by Brian Lammers, and Zoning Advisory Commission recommending approval. Motion by Cline to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 6-0. Brian Lammers 12998 English Mill Road, spoke in support of the ordinance. Michalski expressed concern over developers urging the City to zone R-2 and then back again to CS. Lammers explained that the property was purchased under R-2, which protected one house that he now owns. Kyle Kritz, Planning Services, gave the staff report explaining the removal of uses and addition conditional zoning. Motion by Cline for final consideration and adoption of Ordinance No. 23-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 8005 Seippel Court from R-2 Two- Family Residential District to CS Commercial Service and Wholesale District, with conditions. 6 Seconded by Jones. Motion carried 6-0. Tanzanite Drive PUD Text Amendment: Proof of publication on notice of public hearing to consider an amendment to the Planned Unit Development District to allow 40 two-unit townhouses with revised access and setbacks for property located on Tanzanite Drive as described as Lot F of Emerald Acres No. 4 as requested by Ron Klein Construction Company, and Zoning Advisory Commission recommending approval. Motion by Cline to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 6-0. Ron Klein, Klein Construction, 15318 Holstein Drive, Sherrill, Iowa, stated that they are changing the layout for on-street parking and not adding units. Kyle Kritz, Planning Services, gave the staff report noting that this is a request to amend an existing PUD where the original developer is no longer involved. Garage units have been increased and the street was designed to handle the increasing traffic. Michalski asked if the new townhouses were an increase in the housing cost classification. Kritz concurred. Barb Horsfall, 575 Sapphire Circle, said that although this was an improved request from the original PUD, she still had concerns regarding traffic and safety. There is less space between units limiting green space and play areas. Water pressure in the area has become an issue, and she questioned the access width for emergency vehicles. She requested a survey be done by the City’s Engineering Department. Rod Tschiggfrie, 600 Sapphire Circle, agreed that the original PUD was unattractive, he agreed with Mr. Klein’s designs that incorporate a deliberate division between the R2 and mobile home areas. Cline asked about water runoff in conjunction with Horsfall’s concerns. Kritz said that there is a 3% permeable increase on the whole site as required in a PUD to address water run off adding that driveways are for garage access only but could allow for 4 vehicles. There is no concern with emergency vehicle access. Motion by Cline for final consideration and adoption of Ordinance No. 24-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by providing for the amendment of Ordinances 10-99, 96-02, 86-03 and 14-06, which adopted regulations for the Emerald Acres PUD Planned Unit Development District with a PR Planned Residential Designation and approving an amended ordinance for the Emerald Acers PUD Planned Unit Development District. Seconded by Jones. Motion carried 6-0. 3105 Cedar Crest Ridge Rezoning: Proof of publication on notice of public hearing to consider rezoning property located at 3105 Cedar Crest Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District as requested by Ron Smith/RRTC Properties, and Zoning Advisory Commission recommending approval. Motion by Cline to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Ron Smith, 1640 Justin Lane, spoke in support of the ordinance. Kyle Kritz, Planning Services, gave the staff report. He stated that traffic has been increasing on Cedar Cross, which is conducive to C-3 zoning. Motion by Lynch for final consideration and adoption of Ordinance No. 25-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at 3105 Cedar Crest Ridge from CS Commercial Service and Wholesale District to C-3 General Commercial District. Seconded by Jones. Motion carried 6-0. Kebbie Drive Rezoning: Proof of publication on notice of hearing to consider rezoning property on Kebbie Drive described as Lot 3 of Bies Subdivision #2 from R-2 Two-Family 7 Residential District to R-3 Moderate-Density Multi-Family Residential District as requested by James and Renee Schreiber, and Zoning Advisory Commission recommending approval. Motion by Michalski to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Jones. Motion carried 6-0. James Schreiber spoke in favor of the rezoning adding that he delayed building on the rear of his property, which is already R-3 until this request was determined. Kyle Kritz, Planning Services, gave the staff report noting that this property backs up to the Lifetime Center building and has undergone multiple rezonings. Motion by Michalski for final consideration and adoption of Ordinance No. 26-07 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying property located at the end of Kebbie Drive from R-2 Two-Family Residential District to R-3 Moderate-Density Multi- Family Residential District. Seconded by Jones. Motion carried 6-0. Carnegie Stout Public Library Landmark Nomination: Proof of publication on notice of public hearing to consider the nomination of Carnegie-Stout Public Library as a historic landmark, as recommended by the Long Range Planning Advisory Commission, and City Manager recommending approval. Motion by Cline to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Lynch. Motion carried 6-0. Motion by Lynch for final consideration and adoption of Ordinance No. 27-07 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding a new Section 25-6.15 Designating the Carnegie Stout Public Library as a Landmark. Seconded by Jones. Motion carried 6-0. Port of Dubuque Adams Development LLC Special Warranty Deed: Proof of publication on notice of public hearing to consider approval of the disposition of property by deed to Port of Dubuque Adams Development, LLC, and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 295-07 Disposing of an interest in real property by deed to Port of Dubuque Adams Development, LLC. Seconded by Lynch. Motion carried 6-0. US 52 North Storm Sewer Improvement Project: Proof of publication on notice of public hearing to consider adoption of the plans and specifications, form of contract, and estimated cost for the US 52 North Storm Sewer Improvement Project, and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 296-07 Approving plans and specifications, form of contract, and estimated cost for the US 52 North Storm Sewer Improvement Project. Seconded by Jones. Motion carried 6-0. Grand River Center Carpet Replacement Project: Proof of publication on notice of public hearing to consider adoption of plans and specifications, form of contact, and estimated cost for the Grand River Center Carpet Replacement Project and City Manager recommending approval. Motion by Cline to receive and file the documents and adopt Resolution No. 297-07 Approval of plans and specifications, form of contract, and estimated cost for the Grand River Center Carpet Replacement Project. Seconded by Michalski. Michalski asked if the new patterns or designs would retain the beauty of the original carpet. Assistant City Manager Steinhauser said that the replacement carpet would be similar to the original patterns but more resistant to stains and fading caused by harsh cleaning chemicals. Motion carried 6-0. 8 REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Grandview Pet Park: Request of Lynn Behrens to address the City Council regarding a petition in support of keeping the Grandview Pet Park open. Motion by Cline to receive and file the documents. Seconded by Michalski. Julie Thom, 530 Napier Street, spoke in favor of the pet park disputing previous claims about barking and the park’s appearance. She believes barking is not continuous and suggested the City’s Animal Control Office investigate. She said the City does a good job of maintenance and suggested alternating the use of each side of the park to allow for replanting of the side not in use. She believes a dog park at any location would affect property owners. An additional petition was submitted for the record. Motion carried 6-0. Dubuque Genealogical Society: Nancy Stroup, Vice President, Dubuque Genealogical Society, requesting to address the City Council regarding City assistance for relocation pending termination of lease with the Masonic Temple. Motion by Cline to receive and file. Seconded by Jones. Nancy Stroup, 10004 Westbrook Road., Galena, Illinois, and Vice President of the Genealogical Society, provided some background on the organization for Council. It is a non-profit historical group that has records related to 400 surnames from the th Dubuque area. They currently reside in the Mary of Angels building at 6 and Bluff but will need new space soon. A partnership with the City would help increase visibility of the Society. Motion carried 6-0. Patricia Broessel Special Assessment: Correspondence from Attorney Joseph Bitter on behalf of Patricia Broessel requesting to address the Council regarding a special assessment for sidewalk and curb replacement at 2093 Washington Street. Motion by Cline to receive and file. Seconded by Lynch. Van Milligen said that the City Engineering department has been in contact with Mr. Bitter and clarified that this issue involved two separate assessments, one assessable and one non-assessable. Motion carried 6-0. All Veterans’ Memorial: City Manager recommending approval of construction of a new All Veterans’ Memorial at the McAleece Park and Recreation Complex. Motion by Cline to receive, file, and approve the documents. Seconded by Michalksi. George Goebel, Commander, VFW 9663, submitted design documents and reviewed plans stating that this memorial would have year-round access, would be maintenance free, and efforts would be made to deter vandalism. Cline inquired about recent controversy. Goebel said that the Marshall Park Memorial has been plagued by a poor design and lack of funds for repair or redesign. Michalski asked about the current memorials inside Riverview Park. Goebel said that those memorials are closed for some occasions. The All Veterans Memorial would be in proximity to those memorials but accessible for ceremonies year round. Nick Lucy, 783 Fenelon Place, concurred that the Marshal Park Memorial wasn’t functioning and is unfinished because of the money needed to repair design flaws. He said that no one has agreed to meet with him to consider working together and using these funds to repair Marshal Park. He also said that there is no signage informing people of the memorial. Jones felt that neither memorial detracts from the other. Since there is no City funding being used, it is a personal choice whether or not to donate. Michalski expressed concerns about the size of the design. Because of the Chaplain Schmitt 9 Memorial, would there be adequate space. Van Milligen said that this re-design is appropriate in terms of size and cost, and it has good synergy. Motion carried 6-0. German Bank Building, LLLP – Development Agreement: City Manager recommending approval of a development agreement between the City of Dubuque and German Bank Building, LLLP, for the revitalization of the Old German Bank Building. Motion by Michalski to receive and file, and adopt Resolution No. 298-07 Authorizing the execution of a development agreement with German Bank Building, LLLP. Seconded by Lynch. Motion carried 6-0. Historic Preservation Commission Membership: City Manager recommending approval of an amendment to the Historic Preservation Ordinance which would allow property owners or business owners to temporarily represent vacant historic district seats until such time that a resident volunteer can be appointed. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Michalski. Motion carried 6-0. Motion by Jones for final consideration and adoption of Ordinance No. 28-07 Amending Chapter 25 (Historic Preservation) of the City of Dubuque Code of Ordinances by adding a new Section 25-3(h) to allow owners of real property and owners of businesses in the district to be temporarily appointed to vacant district seats until such a time a qualified resident can be appointed. Seconded by Michalski. Motion carried 6-0. Solid Waste Collection Fee Reduction: City Manager recommending approval of a proposed revision to Section 40-37 of the City Code of Ordinances reducing the monthly solid waste collection service base fee from $9.91 to $9.89. Motion by Cline to receive and file the documents and that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Seconded by Lynch. Motion carried 6-0. Motion by Cline for final consideration and adoption of Ordinance No. Amending City of Dubuque Code of Ordinances Section 40-37 paragraphs (a), (b), and (c) establishing charges for the collection and disposal of solid waste materials. Jones said that the good work of the community made this positive result possible. Seconded by Lynch. Motion carried 6-0. DMASWA Delivery Agreement: City Manager recommending approval of the new waste delivery agreement with the Dubuque Metropolitan Area Solid Waste Agency. Motion by Cline to receive and file the documents and approve. Seconded by Lynch. Motion carried 6-0. Community Partnership (cp2) Program – Fiscal Year 2008: City Manager recommending approval of the allocation of Community Partnership Program (cp2) funds for Fiscal Year 2008. Motion by Michalski to receive and file the documents and adopt Resolution No. 299-07 Authorizing the award of Community Partnership Program (cp2) funds for Fiscal Year 2008. Seconded by Jones. Motion carried 6-0. Summer Food Service Program: City Manger recommending approval of a collaboration with the Boys and Girls Club of Greater Dubuque to provide additional summer meal sites in conjunction with the Prescott School and Comiskey Park City of Dubuque Leisure Services playground programs. Motion by Cline to receive and file the documents and approve. Seconded by Jones. Buol said that this is a tremendous idea. Michalski was please about high school students being involved. Motion carried 6-0. 10 Pedestrian Wayfinding Sign System Design: City Manager recommending approval of the design for the Pedestrian Wayfinding Sign System components, initiation of the bidding process, and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for June 4, 2007. Motion by Cline to receive and file the documents and adopt Resolution No. 300-07 Preliminary approval of plans and specifications, form of contract, and estimated cost for the Pedestrian Wayfinding Sign System; Resolution No. 301-07 Setting date of hearing on plans and specifications, form of contract, and estimated costs for the Pedestrian Wayfinding Sign System; and Resolution No. 302-07 Ordering the advertisement for bids for the Pedestrian Wayfinding Sign System. Seconded by Lynch. Steinhauser presented a mock up of the map portion. The City is seeking cost estimates for a lighted design. This signage will have a “trail blazers” design. Cline asked if this would include just th downtown. Steinhauser said yes. It would include downtown from 15 Street south, the warehouse district and the Port of Dubuque. It was scaled for pedestrian use and compliments the vehicle wayfinding sign system. KeyLine Monthly Pass: City Manager recommending approval of a recommendation by the KeyLine Transit Board of Trustees to create a monthly pass for KeyLine at a cost of $35 per month to customers. Motion by Cline to receive and file the documents and adopt Resolution No. 303-07 Fixing rates for a monthly pass. Seconded by Jones. Motion carried 6-0. KeyLine Free Rides Program: City Manager recommending approval to proceed with a partnership with the Dubuque Community School District to provide better transportation options for students that would include offering free KeyLine rides to students. Motion by Cline to receive and file the documents and approve. Seconded by Lynch. John Burgart, Superintendent, Dubuque Community Schools, 2300 Chaney Road, thanked Transit Manager Jon Rodocker and Economic Development Director Dave Heiar for help and said that the downtown school principals initiated the program. They hope to create options for families and possibly help alleviate the parking issues at Hempstead High School. Motion carried 6-0. Asbury Plaza Area Wastewater Pumping Facilities 2007 Project: City Manager recommending award of the contract for the Asbury Plaza Area Wastewater Pumping Facilities 2007 Project to McDermott Excavating in the amount of $618,342.84. Motion by Michalski to receive and file the documents and adopt Resolution No. 304-07 Awarding public improvement contract for the Asbury Plaza Area Wastewater Pumping Facilities 2007 Project. Seconded by Cline. Motion carried 6-0. Rush Street Reconstruction Project: City Manager recommending award of the contract for the Rush Street Reconstruction Project to Horsfield Construction, Inc., in the amount of $1,657,853.10. Motion by Cline to receive and file the documents and adopt Resolution No. 305-07 Awarding public improvement contract for the Rush Street Reconstruction Project. Seconded by Lynch. Motion carried 6-0. First Amendment to Diamond Jo Development Agreement: City Manager recommending approval of the first amendment to the Diamond Jo Development Agreement for the construction of a public parking ramp. Motion by Cline to receive and file the documents, to include those distributed at this meeting, and adopt Resolution No. 306-07 Approving the first amendment to the Port of Dubuque Public Parking Facility Development Agreement. Michalski questioned the wording and phases of green space versus park construction. Van Milligen said 11 that Council approved preservation of the green space site line from the Grand River Center to the Courthouse. The park is a component of the planned outdoor plaza. Seconded by Lynch. Motion carried 6-0. Joint Development Agreement between the Dubuque County Historical Society and the City of Dubuque: City Manager recommending approval of a Joint Development Agreement between the Dubuque County Historical Society and the City of Dubuque that establishes the manner in which the Society and the City will cooperate with one another successfully to complete the Great Rivers Center and RiverMax Theater projects. Motion by Cline to receive and file, to include documents distributed at this meeting and the executed First Amendment to the Agreement, and approve. Seconded by Jones. Jerry Enzler, Executive Director of the rd Dubuque County Historical Society, 250 E. 3 Street, thanked Council for allowing the time to fold this into the Vision Iowa Project. A search for state funds would mean a significant match by the City but lead to a grant for the wayfinding signage program. Mr. Enzler urged approval of the agreement. Van Milligen noted that this is contingent on an executed First Amendment to the Agreement. Michalski requested that the two groups meet more frequently than quarterly as noted in the Agreement or included with the Vision Iowa meetings. Motion carried 6-0. Interstate Power/McGraw Hill Parking Lot: City Manager recommending approval of an offer to purchase a parcel of land from Interstate Power to allow for the construction of the McGraw Hill parking lot including the granting of an easement to Interstate Power as part of the consideration for the transfer and recommending approval of a permanent construction easement granted by Interstate Power to allow for the construction of the McGraw Hill parking lot and sanitary storm sewer and an indemnification agreement between the City and McGraw Hill. Motion by Cline to receive and file the documents and approve. Seconded by Lynch. Motion carried 6-0. Contract Authority: City Manager recommending that his authority to make purchases on behalf of the City be increased to $100,000, per State statute. Motion by Cline to receive and file the documents and adopt Resolution No. 307-07 Authorizing the City Manager to execute contracts and leases on behalf of the City of Dubuque. Seconded by Jones. Motion carried 6- 0. COUNCIL MEMBER REPORTS (None) PUBLIC INPUT (None) There being no further business, upon motion the Council adjourned at 8:51 p.m. /s/Kevin S. Firnstahl Assistant City Clerk 1t 6/4 12