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Minutes City Council 7 2 07 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on July 2, 2007, in the Public Library Auditorium Present: Mayor Buol, Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen; City Attorney Lindahl Invocation was provided by Reverend Wayne Ressler, St. Raphael’s Cathedral PROCLAMATION Dubuque Drum and Bugle Corps Music on the March and Music, July 6, 2007, and Music on the March II, July 26, 2007 PRESENTATION 2007 Program of the Year Award for the HEART Program Partnership was presented to City Manager Van Milligen by City Manager Tim Vick of Manchester, Iowa, on behalf of the Iowa City/County Management Association. CONSENT ITEMS Motion by Cline to receive and file the documents and dispose of as indicated. Seconded by Lynch. Cline requested (#13) Dubuque Drum and Bugle Corps be held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: City Council of 6/18; Long Range Planning Advisory Commission of 6/20, Proof of publication of City Council Proceedings of June 4, 2007. Upon motion the documents were received and filed. Notice of Claims/Suits: Beth Hilkin for property damage; Michael Hogan for property damage; Roger Jones for vehicle damage; Zachary Mattison for vehicle damage; Wells Fargo Bank vs. City of Dubuque, et al; Paul Schiffman for vehicle damage; Helen Sherman for personal injury; Lisa Huinker 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: Jeff Brimeyer for property damage; Roger Jones for vehicle damage; Michael C. Hogan for personal injury/property damage; Zachary Mattison for vehicle damage. City Attorney recommending settlement of the claim of Gansen Excavating, Inc., and directing the Finance Department to issue payment. Upon motion the documents were received, filed, and concurred. Four Mounds Public Improvement Project: Communication from the Historic Preservation Commission recommending approval of a letter of support for the Four Mounds Foundation Public Improvement Project. Upon motion the documents were received, filed, and approved. John F. Kennedy Sidewalks: Communication from Nancy McKillip in opposition to the installation of sidewalks on the east side of John F. Kennedy Road. Upon motion the documents were received and filed. Bi-Lingual Bike/Hike Trail Signage Project: City Manager recommending approval of the submission of an Iowa Department of Recreation Trails Grant application in the amount of $91,000 for the Bi-Lingual Bike/Hike Trail Signage Project. Upon motion the documents were received and filed, and Resolution No. 358-07 Approving the submittal of an application for State Recreational Trails Program funding to the Iowa Department of Transportation for the Bi- Lingual Bike/Hike Trail Signage Project was adopted. Population in Annexed Areas: City Manager recommending approval of the certification of population in areas annexed into the City of Dubuque since the 2000 Census, as required by State law. Upon motion the documents were received and filed. United States Department of the Interior: Communication from Stephen E. Whitesell, National Park Centennial Coordinator, to Senator Charles E. Grassley regarding his support for the Mississippi River Trail as a National Park Centennial project. Upon motion the documents were received and filed. Fiscal Year 2008 Annual Action Plan – Amendment #1: City Manager recommending approval of Amendment #1 to the Fiscal Year 2008 (Program Year 2007) Annual Action Plan for the use of Community Development Block Grant (CDBG) program funds. Upon motion the documents were received and filed, and Resolution No. 359-07 Approving Amendment #1 to the Fiscal Year 2008 (Program Year 2007) Annual Action Plan for Community Development Block Grant funds was adopted. Iowa Department of Economic Development: City Manager recommending approval of a technical assistance contract with the Iowa Department of Economic Development for purposes of administration of the lead paint hazard reduction program. Upon motion the documents were received, filed, and approved. Asbury Road Widening at Sam’s Club: City Manager recommending acceptance of the dedication of right-of-way and Grant of Easement for storm sewer and traffic signals needed for construction of an additional eastbound lane on Asbury Road by Sam’s Club. Upon motion the documents were received and filed, and Resolution No. 360-07 Accepting a conveyance of easements over part of Lot 1 of Pfohl Farm to the City of Dubuque; Resolution No. 361-07 Approving the acquisition plat of a part of Lot 1 of Pfohl Farm in the City of Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of-way for Asbury Road; and Resolution No. 362-07 Approving the acquisition plat of a part of Lot 2 of 2 of Pfohl Farm in the City of Dubuque, Dubuque County, Iowa, and accepting the dedication of right-of-way for Asbury Road were adopted. Mobile Data Computers for Fire Apparatus: City Manager recommending approval of the selection of Racom to provide mobile data computers for fire apparatus. Upon motion the documents were received, filed, and approved. City of Asbury Voluntary Annexation: Steven R. McCann, City Development Board Administrator, submitting the Filing of Written Decision in the matter of the City of Asbury Voluntary Annexation within the urbanized area of the City of Dubuque. 2 Steven R. McCann, City Development Board Administrator, submitting the Findings of Fact and Conclusions of Law and Determination in the matter of the City of Asbury Voluntary Annexation including land without the consent of the owner and within the urbanized area of the City of Dubuque. Upon motion the documents were received and filed. Dubuque Drum and Bugle Corps: Communication from Greg Orwoll, Executive Director of the Dubuque Drum and Bugle Corps, requesting that the residential parking restrictions around Senior High School and any noise ordinances be suspended on July 6 and July 26, 2007 to accommodate the Colts’ annual Music on the March. Motion by Cline to receive, file, and approve the documents. Seconded by Braig. Cline reminded area residents of the event. Motion carried 7-0. 2007 Property Tax Appeal: Communication from the Office of the City Assessor advising that Catalin S. and Ioana V. Mamali have appealed their 2007 property tax assessment to the Property Assessment Appeal Board in Des Moines. Upon motion the documents were received and filed. Alley between North Grandview Avenue and St. Ambrose Street: Communication from Leslie Furuseth and Lloyd Seaman, et al, requesting that the City vacate the alley that is located between North Grandview Avenue and St. Ambrose Street. Communication from Kenneth J. Leppert, 2075 Sunnyview Drive, in opposition to the vacating and closing of the alley between North Grandview Avenue and St. Ambrose Street. Upon motion the documents were received, filed, and referred to the City Manager. Third Street Overpass Light Replacement Project: City Manager recommending award of the public improvement contract for the Third Street Overpass Lighting Project to Giese Sheet Metal Company, Inc., in the amount of $39,474.60. Upon motion the documents were received and filed, and Resolution No. 363-07 Awarding public improvement contract for the Third Street Overpass Light Replacement Project was adopted. Pedestrian Wayfinding Sign System Design: City Manager recommending award of the public improvement contract for the Pedestrian Wayfinding Sign System Design Project to McCullough Creative, in the amount of $77,268. Upon motion the documents were received and filed, and Resolution No. 364-07 Awarding public improvement contract for the Pedestrian Wayfinding Sign System to McCullough Creative, in the amount of $77,268, was adopted. Shelter + Care Program Contract: City Manager recommending approval of a contract with the US Department of Housing and Urban Development (HUD) for administration of the Shelter + Care program. Upon motion the documents were received, filed, and approved. I-Net Design and Planning Request for Proposal: City Manager recommending approval of the issuance of a Request for Proposal for I-Net Design and Planning. Upon motion the documents were received, filed, and approved. Swiss Valley Farms: Communication from David Zwart, Swiss Valley Farms, requesting a waiver for the construction of sidewalks along their Jackson Street frontage. Upon motion the documents were received and filed and referred to the City Manager. Improvement Contracts / Performance, Payment and Maintenance Bonds: Rush Street 3 (Bryant – Villa) Reconstruction Project; Calendar Year 2007 Pavement Parking Project; and Asbury Plaza Area Wastewater Pumping Facilities Project. Upon motion the documents were received and filed, and Resolution No. 365-07 Approving public improvement contracts and bonds was adopted. Liquor License Transfer: Request of the National Mississippi River Museum to transfer their liquor license to the Alliant Amphitheater/Stone Cliff Parking Lot on August 1, 2007. 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. 366-07 Granting the issuance of sixteen (16) renewal licenses to sell cigarettes and cigarette papers; Resolution No. 367-07 Granting the issuance of a Class “C” Beer Permit to Oky Doky #14, Haun’s Specialty Meats, and Cedar Cross Amoco; and Resolution No. 368-07 Granting the issuance of a Class “C” Beer/Liquor License to Knicker’s Saloon, House of China, Diamond Jo Casino Portside, Murphs Southend Tap and American Legion Post #6; a Class “B” Wine Permit to Haun’s Specialty Meats; a Class “WBN” Native Wine Permit to Haun’s Specialty Meats; a Special Class “C” Liquor License to Jorja’s Restaurant; and a Special Class “C” Liquor (5-Day Special Event) to Four Mounds Foundation were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, set the public hearings as specified, adopt the resolutions and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Connors. Motion carried 7-0. CIPP Lining Project: City Manager recommending initiation of the public bidding process for the CIPP Lining Project and that a public hearing on the plans and specifications, form of contract, and estimated cost be set for July 16, 2007. Upon motion the documents were received and filed, and Resolution No. 369-07 Preliminary approval of plans and specifications, form of contract, and estimated cost; setting date of public hearing on plans and specifications, form of contract, and estimated cost; and ordering the advertisement for bids for the CIPP Lining Project was adopted setting a public hearing for July 16, 2007, at a meeting to commence at 6:30 p.m. in the Public Library Auditorium. Dubuque Community Ice and Recreational Center: City Manager recommending that a public hearing be set for July 16, 2007 to consider approval of a lease agreement with Dubuque Community Ice and Recreational Center for a section of the McAleece Park and Recreation Complex. Upon motion the documents were received and filed, and Resolution No. 370-07 Resolution of Intent to dispose of an interest in real property by lease agreement with Dubuque Community Ice and Recreational Center was adopted setting a public hearing for July 2, 2007 at a meeting to commence at 6:30 p.m. in the Public Library Auditorium. Individual Historic Designation – 40-42 Main: Communication from the Long Range Planning Advisory Commission recommending that a public hearing be set for August 20, 2007 to consider approval of the Individual Historic Designation of 40-42 Main Street. Upon motion the documents were received and filed, and a public hearing was set for August 20, 2007, at a meeting to commence at 6:30 p.m. in the Public Library Auditorium. 4 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Historic Preservation Commission: (Two 3-year expired terms through July 1, 2010 – terms of Stuart and Whalen). Applicants: Dave Stuart, John Whalen Investment Oversight Advisory Commission: (Two 3-year expired terms through July 1, 2010 – terms of Ruden and Reisdorf). Applicants: Stephen Reisdorf, Gary Ruden Long Range Planning Advisory Commission: (Two 3-year expired terms through July 1, 2010 – terms of Winterwood and Prochaska). Applicants: Dr. Charles Winterwood, James Prochaska TV Cable Teleprogramming Commission: (One 3-year expired term through June 30, 2010 – term of Everist). Applicant: Burton Everist Zoning Advisory Commission: (Two 3-year expired terms through July 1, 2010 – terms of Bird and Stiles). Applicants: Eugene Bird, Jeff Stiles. Applicants Eugene Bird and Jeff Stiles spoke in support of their re-appointment. th Appointments were made to the following Boards/Commissions: 175 Anniversary Celebration Coordinating Committee. Fifteen Member Ad Hoc Committee, Temporary Terms (1 High School Student, 2 Young Professionals, 1 Historical Society Representative, 1 Chamber of Commerce Representative, 1 Arts Commissioner, 1 Telegraph Herald Representative, 1 Education Representative, 6 Citizen Representatives) Applicants: High School Student (1) – No applicants Young Professionals (2). Applicants: Amanda Brechler, Scott Frost, Brooke Gassman, Susan Hess, Jennifer Lien, Lindsey McNeeley-Moeller, Christopher Wand, Tammy Welbes, Marcie Winkelman. Historical Society Representative (1). Applicant: Meg Wall-Wild. Chamber of Commerce Representative (1). Applicant: Sue Czeshinski. Arts Commissioner (1): Applicants: Louise Kames, Amy Weber Telegraph Herald Representative (1): Applicant: Diane Mohr Education Representative (1): Applicant: Gary Olsen Citizen Representatives (6): Wallace Brown, Susan Farber, Barbara Fisher, Michael Gibson, Bart Kintzinger, Joseph Rapp, Ralph Scharnau, Jennifer Tigges, Tammy Welbes, Katie Weidemann, this appointment also included any eligible applicant not already appointed Upon vote Michalski moved to appoint Christopher Wand, Lindsey McNeeley-Moeller, Meg Wall-Wild, Sue Czeshinski, Amy Weber, Diane Mohr, Gary Olsen, Wallace Brown, Susan Farber, Michael Gibson, Ralph Scharnau, Jennifer Tigges, and Katie Weidemann to temporary th terms on the 175 Anniversary Celebration Coordinating Committee. Seconded by Connors. Motion carried 7-0. th Communication from Susan M. Hess regarding her application for the 175 Anniversary Celebration Committee. Connors encouraged recruitment for the teen applicant. Library Board of Trustees: Four 4-year expired terms through July 1, 2011 (Terms of Shubatt, Lindsay, Smith, and Avery). Applicants: Alan Avery, Susan Lindsay, Michael Shubatt, Kristen Smith. Motion by Michalski to appoint Alan Avery, Susan Lindsay, Michael Shubatt, Kristen Smith to 4-year expired terms through July 1, 2011. Seconded by Connors. Motion carried 7-0. Mechanical Board: One 3-year expired term through March 16, 2009 (Term of Geisler). Applicant: Todd Geisler. Motion by Connors to appoint Todd Giesler to a 3-year expired term through March 16, 2009. Seconded by Lynch. Motion carried 7-0. 5 PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Port of Dubuque Parking Facilities Project: Proof of publication on notice of hearing to consider the plans and specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project and City Manager recommending approval and further recommending that the revised bid date of July 25, 2007 be approved. Motion by Connors to receive and file the documents and adopt Resolution No. 371-07 Approving plans and specifications, form of contract, and estimated cost for the Port of Dubuque Parking Facilities Project and Resolution No. 372-07 Ordering the re-advertisement for bids for the Port of Dubuque Public Parking Facility Project. Seconded by Jones. Motion carried 7-0. REINSTATE THE RULES Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Serenity Ridge – Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat of the Serenity Ridge Subdivision, with conditions. City Manager recommending that Condition #1 be retained as part of the approval of the Serenity Ridge Subdivision preliminary plat. Motion by Cline to receive and file the documents and approve the recommendations of the Zoning Advisory Commission and the City Manager. Seconded by Connors. John Herrig, 13668 Surrey Lane, requested that the condition be removed stating that the speed limit should remain at 35 mph and that the road meets the 35 mph criteria. City Engineer Gus Psihoyos said that Plaza Drive is currently 35 mph, but the road is designed for 45 mph, and that the average traffic speed on roads in the area is 40-45 mph. Braig said that citizens shouldn’t pay for improvement of an intersection that a private developer will benefit from. She favored not removing the condition. City Manager Van Milligen said that the City has 294 miles of street and that it cannot all be constantly enforced. He explained that HDR strongly suggested improving the sight distance, and also that he is not suggesting the City pay all of the cost of the improvement. Cline questioned why the City is making it convenient for people to go over the speed limit. Zoning Advisory Commission Chairperson Jeff Stiles said the Commission was going on the recommendation of the City Manager and that is was a matter of safety. Michalski questioned if the intersection was safe at 35 mph. The required condition is for improvement of the intersection to meet the 45 mph criteria, but the posted speed limit remain at 35 mph. Jones favored increasing the safety of the intersection while not increasing the speed limit. Connors agreed that the bottom line is safety. Motion carried 7-0. Designation of Public Nuisance – 409 Burch Street: City Manager recommending that a hearing be set to determine whether 409 Burch Street is a public nuisance according to Chapters 23 and 26 of the Dubuque Code of Ordinances. Motion by Braig to set the hearing for 6:30 p.m. on Monday, August 27, 2007 in the Public Library Auditorium. Seconded by Cline. Michalski requested that the City Council be provided guidelines regarding the hearing. Motion carried 7-0. Cooper Management, LLC (Bricktown) Liquor License: City Manager recommending that a hearing date be set to consider a 21-day suspension of the Cooper Management, LLC liquor 6 license for their operation at 299 Main Street that includes Stonewall Lounge, Bricktown Brewery and the Blackwater Grill. Motion by Cline to set a hearing at 6:30 p.m. on Wednesday, July 18, 2007, in the Public Library Auditorium. Seconded by Braig. Motion carried 7-0. Fiscal Year 2008 Dubuque County REAP Plan: City Manager recommending approval of the City of Dubuque’s update of the Fiscal Year 2008 Dubuque County REAP Plan, submittal of the Fiscal Year 2008 REAP grant application of $200,000 for the Trolley Line Trail at Eagle Point Park and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Committee. Motion by Cline to receive and file the documents, adopt Resolution No. 373-07 Authorizing a REAP Grant Application to the Iowa Department of Natural Resources for Trolley Line Trail, and appoint Council Member Joyce Connors as the Council representative. Seconded by Jones. Connors thanked Planning Services Manager Laura Carstens for her hard work on the REAP Committee. Motion carried 7-0. Identification Signs at the Dubuque Technology Park: City Manager recommending approval of Design Option 4 submitted by Lange Sign Group of Dubuque as the design style for the Dubuque Technology Park. Motion by Jones to receive and file the documents and approve. Seconded by Cline. Motion carried 7-0. Ice Harbor Transient Boat Dock Project: City Manager recommending award of the public improvement contract for the Ice Harbor Transient Boat Dock Project to the only bidder, Newt Marine Service, in the amount of $520,546.71, for the Alternate Bid – Floating Docks with Composite Decking and further recommending that staff be authorized to review value engineering design alternatives to evaluate project cost saving opportunities. Motion by Cline to receive and file the documents and adopt Resolution No. 374-07 Awarding public improvement contract for the Ice Harbor Transient Boat Dock Project. Seconded by Jones. Motion carried 7-0. Decorative Concrete Repair and Maintenance Project: City Manager recommending that some of the elements of the Decorative Concrete Repair and Maintenance Project be delayed for a future project and that the remaining elements be awarded to Tschiggfrie Excavating in the amount of $227,449.45. Motion by Lynch to receive and file the documents and adopt Resolution No. 375-07 Awarding public improvement contract for the Decorative Concrete Repair and Maintenance Project. Seconded by Jones. COUNCIL MEMBER REPORTS Jones requested that staff look into the left turn visibility at the NW Arterial and Asbury Road intersection. He said there is no visibility for the left turn and suggested replacing the left turn on green with a green arrow only. City Engineer Gus Psihoyos said that staff has met with IDOT to discuss concerns on that intersection as well as other intersections on the NW Arterial. An action plan has been developed. 7 PUBLIC INPUT (None) There being no further business, upon motion the City Council adjourned at 7:53 p.m. /s/Jeanne F. Schneider, CMC City Clerk 1t 7/13 8