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12 20 10 City Council Agenda with Icons ROLL CALL ORDER FOR MEETING OF 12/20/10 CONNORS JONES LYNCH RESNICK VOETBERG BRAIG BUOL CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:30 P.M. – CLOSED SESSION 6:30 P.M. – REGULAR MEETING HISTORIC FEDERAL BUILDING MONDAY, DECEMBER 20, 2010 PLEDGE OF ALLEGIANCE INVOCATION Reverend Kurt Hansen, New Hope Lutheran Church CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. Minutes and Reports Submitted 1. Cable TV Teleprogramming Commission of 11/2; City Council of 12/15; Civil Service Commission of 9/1; Community Development Advisory Commission of 12/1; Electrical Board of 11/22; Historic Preservation Commission Education Task Force of 11/17 and 12/1; Human Rights Commission of 11/8; Zoning Advisory Commission of 12/1; Zoning Board of Adjustment of 12/1 Suggested Disposition: Receive and File Cable TVCity CouncilCivil ServiceComm Dev Adv Electrical BdHPC - 11/17 Commission HPC - 12/1Human RightsZoning Advisory Zoning Bd of CommissionAdjustment 2. Notice of Claims/Suits Justine Pesko for vehicle damage; Kayla McLaughlin and Nicole Huseman for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney City Attorney advising that the following claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Justine Pesko for vehicle damage Suggested Disposition: Receive and File; Concur Claim - ICAP 3. Woodland Drive Storm Sewer Project City Manager recommending acceptance of the Woodland Drive Storm Sewer Project as completed by McDermott Excavating in the final contract amount of $21,942.75. RESOLUTION Accepting the Woodland Drive Storm Sewer Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution Woodland - MVM Woodland - Staff Woodland - Woodland - Final MemoMemoResolutionPayment Form 4. Historic Shot Tower – Phase I Project City Manager recommending acceptance of the Historic Shot Tower – Phase I Project as completed by Klauer Construction Company in the final contract amount of $642,238.00. RESOLUTION Accepting the Historic Shot Tower – Phase I Project and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 2 Shot Tower - MVM Shot Tower - Staff Shot Tower - Shot Tower - Final MemoMemoResolutionPayment Form 5. Water Pollution Control Plant City Manager recommending approval to raise Miron Construction Company’s contract limit to $1 Million for the Water Pollution Control Plant, Mercury Spill at Trickling Filters Clean-Up Project. Suggested Disposition: Receive and File; Approve WPCP - MVM MemoWPCP - Staff MemoWPCP - Ltr to MironWPCP - Strand LtrWPCP - Miron WPCP - Sampson Response LtrBrown Ltr 6. Acquisition of Property – Bee Branch Creek Restoration Project City Manager recommending approval of the acquisition of property at 2356 Washington Street for the Bee Branch Creek Restoration Project. RESOLUTION Approving the acquisition of real estate owned by Steven R. and Sue A. Boelk in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Acquisition - MVM Acquisition - Staff Acquisition - Acquisition - Exhibit MemoMemoResolutionA 7. B & C Cathedral Development, LLC and United Clinical Laboratories, Inc. Irrevocable License City Manager recommending approval of Irrevocable Licenses for B & C Cathedral Development, LLC and United Clinical Laboratories, Inc. to encroach the public right-of- way of Bluff and Emmett Streets. Suggested Disposition: Receive and File; Approve License - MVM MemoLicense - Staff MemoLicense - PhotosIrrevocable License 8. Wild Rose Place – Plat of Survey Zoning Advisory Commission recommending approval of the Plat of Survey of Wild Rose Place. RESOLUTION Approving the Plat of Survey of Wild Rose Place in Dubuque County, Iowa 3 Suggested Disposition: Receive and File; Adopt Resolution Wild Rose - ZAC LtrWild Rose - Wild Rose - Vicinity Wild Rose - Plat of Wild Rose - Staff Wild Rose - ApplicationMapSurveyMemoResolution 9. Historic Millwork District Parking Lot Design City Manager recommending approval of the selection of MSA Professional Services to design two parking lots in the Historic Millwork District. RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolution Design - MVM MemoDesign - Staff MemoDesign - Resolution 10. Civil Service Commission Civil Service Commission submitting the certified list for the positions of Recreation Program Supervisor, Environmental Engineer and Firefighter. Suggested Disposition: Receive and File; Make a Matter of Record Recreation Program Environmental Firefighter SupervisorEngineer 11. Fiscal Year 2012 Annual Tax Increment Financing (TIF) Report City Manager transmitting the Fiscal Year 2012 Annual Tax Increment Financing Report. Suggested Disposition: Receive and File TIF Report - MVM TIF Report - Staff FY 2012 TIF Report MemoMemo 12. Scale Operator Position City Manager recommending approval of the elimination of one Laborer position and the creation of one Scale Operator position. Suggested Disposition: Receive and File; Approve 4 Position - MVM MemoPosition - Staff MemoPosition - Job Description 13. HEART YouthBuild Program Communication to the U.S. Department of Labor in support of the HEART YouthBuild program application to the DOL for support through YouthBuild funding. Suggested Disposition: Receive and File; Approve HEART - Ltr of HEART - Application Support 14. Housing Enterprise Zone Program Agreement – 44 Main Street, LLC City Manager recommending approval of a Housing Enterprise Zone Program Agreement for 44 Main Street, LLC, to provide 24 new market-rate housing units in the downtown area. RESOLUTION Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and 44 Main Street, LLC Suggested Disposition: Receive and File; Adopt Resolution 44 Main - MVM Memo44 Main - Staff Memo44 Main - Resolution44 Main - HEZ Agreement 15. Regional Transit Authority Contract City Manager recommending approval of a contract with the Regional Transit Authority (RTA) for two transit vehicles to be used by Keyline (The Jule). Suggested Disposition: Receive and File; Approve RTA - MVM MemoRTA - Staff MemoRTA - Lease Agreement 16. Vision Iowa RECAT Application City Manager recommending approval of a fundraising campaign for the Bee Branch Creek Restoration Project as part of the Vision Iowa RECAT application. Suggested Disposition: Receive and File; Approve 5 Vision Iowa - MVM Americas River III MemoBooklet 17. Alcohol Compliance – Civil Penalty for Alcohol License Holders City Manager recommending approval of the Acknowledgement/Settlement Agreement for a first offense alcohol compliance violation for Creslanes Bowling and Pro Shop, 255 South Main Street. Suggested Disposition: Receive and File; Approve Alcohol - MVM MemoAlcohol - Staff MemoAlcohol - Settlement Agreement 18. Tobacco Compliance – Civil Penalty for Tobacco License Holder City Manager recommending approval of the Acknowledgement/Settlement Agreement for a first offense tobacco compliance violation for Kwik Stop Food Mart, 2390 Central Avenue. Suggested Disposition: Receive and File; Approve Tobacco - MVM Tobacco - Staff Tobacco - MemoMemoAgreement 19. PEG Capital Grant Expenditure Request City Manager recommending approval of the Cable TV Tele-Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to the City of Dubuque for up to $8,600 for a motion-controlled camera dolly component for the camBlock time lapse system. Suggested Disposition: Receive and File; Approve PEG - MVM MemoPEG - Staff MemoPEG - City Application 20. Citizen Communication Communication from Marion Martin Pliner, 2690 Marywood Drive, regarding the school bus stop at the corner of Marywood and John F. Kennedy Road. Suggested Disposition: Receive and File 6 Pliner Ltr 21. Upper Bee Branch Creek Restoration Project City Manager recommending approval of a Green Project funding application submitted to the Iowa Department of Natural Resources (IDNR) for the Upper Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Approve Application - MVM Application - Staff SRF Green Project Facility Plan Construction Permit MemoMemoApplicationSummaryApplication 22. Jane Doe v. Yager City Manager recommending approval of the settlement in the case captioned “City of Dubuque on behalf of Jane Doe v. Yager”. Suggested Disposition: Receive and File; Approve Jane Doe - MVM Jane Dow - Staff Settlement MemoMemoAgreement 23. Community Development Advisory Commission Liaison City Manager recommending approval of the appointment of Housing Commissioner Ricardo Woods as liaison to the Community Development Advisory Commission. Suggested Disposition: Receive and File; Approve Liaison - MVM MemoLiaison - Staff Memo 24. U.S. Department of the Interior – National Park Service Communication from Rachel Weekley, U.S. Department of the Interior – National Park Service, regarding the Biennial Report for the Historic Federal Building. Suggested Disposition: Receive and File Weekley Ltr 7 25. American Recovery and Reinvestment Act City Manager transmitting the City’s latest update on local efforts to obtain federal grants through the American Recovery and Reinvestment Act. Suggested Disposition: Receive and File ARRA - MVM MemoARRA - Staff MemoARRA - UpdateStimulus SummaryPro Publica ARRA Report 26. Northeast Iowa Community College Communication from Northeast Iowa Community College thanking the City and East Central Intergovernmental Association for providing transportation to NICC students. Suggested Disposition: Receive and File NICC Ltr 27. Checkout Plastic Bag Elimination City Manager providing information on staff progress regarding the City Council directive to eliminate checkout plastic bag usage by 2014. Suggested Disposition: Receive and File Plastic Bag - MVM Plastic Bag - Staff MemoMemo 28. Bowling and Beyond Settlement Agreement City Manager recommending approval of the Settlement Agreement Assessing Penalties for a second offense alcohol compliance violation for Bowling & Beyond Dubuque, Inc., 1860 Hawthorne Street. Suggested Disposition: Receive and File; Approve Bowling - MVM MemoBowling - Staff MemoBowling & Beyond Settlement 8 29. Human Rights Commission Communication from Colin Scott submitting his resignation from the Human Rights Commission. Suggested Disposition: Receive and File; Accept Resignation Scott Ltr 30. Contracts -- Fire Station Expansion / 975 Central Parking Ramp Change Order #1 – FS and Change Order #1 – PS -- Fire Station Expansion / 975 Central Parking Ramp Change Order #2 -- Bee Branch Creek Restoration Project – Agreement for Design and Engineering Services – Strand Associates, Inc. Suggested Disposition: Receive and File Change Order #1Change Order #2Bee Branch Agreement 31. Liquor License Refund Request of David Kirkpatrick, Rosewood Diner and Supper Club, LLC, for a refund of Liquor License #LC0037522 in the amount of $211.25. Suggested Disposition: Receive and File; Approve 32. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION Granting the issuance of a Class “B” Beer Permit to UAW Local #94 and a Class “C” Beer Permit to Puff n Snuff RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Cue Masters Billiard, Bowling & Beyond, The Moracco, The Screaming Eagle Bar and Las Margaritas; a Class “B” Wine Permit to Puff n Snuff; and a Class “WBN” Native Wine Permit to Hy-Vee Gas #2 Suggested Disposition: Receive and File; Adopt Resolutions Renewals - MVM Renewals - Staff Resolution #1Resolution #2 MemoMemo 9 BOARDS/COMMISSIONS Appointments to the following Boards/Commissions: Human Rights Commission Three 3-year terms through January 1, 2014 (Terms of Davis, Scott, and Rubenstein) One 3-year term through January 1, 2013 (Term of Sharrad) One 3-year term through January 1, 2012 (Term of Wilberding) Applicants: Andrea Beacham, 1749 Churchill Drive Additional Applicant Frederick Davis, Jr., 2274½ Washington Street Michael Elliott, 301 S. Grandview Avenue Additional Applicant Megan Gloss, 1130 Main Street Additional Applicant Kurt Hansen, 511 Nocturnal Lane Marcos Rubinstein, 663 Fenelon Place This Commission is subject to the State of Iowa Gender Balance Law effective January 1, 2012. Mediacom Cultural Affairs Charitable Foundation Two 1-year terms through December 31, 2011 (Terms of Chavenelle and Twining) Applicants: Gail Chavenelle, 1155 Kelly Lane Connie Twining, 421 N. Booth Street Safe Community Advisory Committee Nine 1-year terms through December 31, 2011 Applicants: Anthony Allen, 1725 Delhi Street Mary Rae Bragg, 350 Kaufmann Avenue Diane Callahan, 531 Sapphire Circle Jonathan Cheatham, 2396 University Avenue Rachel Daack, 800 Laurel Street Amanda Elkins, 2257 Chaney Road Ann Ernst, 899 Mt. Carmel Road Phil French, 1035 Rockdale Road Bob Lanka, 2280 Jackson Street Doug Stillings, 1255 Locust Street Susan Stork, 2115 Golden Eagle Drive Lynn Sutton, 876 Yale Court Mr. Allen currently serves on the Human Rights Commission. Ms. Sutton currently serves on the Human Rights Commission and the Housing Commission 10 Overview SheetBoard and Gender Balance LawHuman Rights Elliott LtrMediacom Commission ListApplicationsApplications Safe Community Applications PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. SUSPEND THE RULES 1. Historic Millwork District Complete Streets Project Proof of publication of notice of public hearing to consider approval of the plans and specifications, form of contract, estimated cost and Resolution of Necessity for the Historic Millwork District Complete Streets Project and City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Historic Millwork District Complete Streets Project RESOLUTION Approving schedule of assessments and estimate of total cost for the Historic Millwork District Complete Streets Project RESOLUTION of Necessity Suggested Disposition: Receive and File; Adopt Resolutions Complete Streets - Complete Streets - Complete Streets - Schedule of MVM MemoStaff MemoResolutionsAssessments Material from December 6, 2010 City Council Meeting Complete Streets - Complete Streets - Complete Streets - Schedule of Assessment Costs MVM MemoStaff MemoResolutionsAssessmentsPlat 2. Dubuque Industrial Center – Planned Unit Development District (Tabled on June 7, 2010) City Manager requesting that this item be tabled to July 5, 2011. Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque 11 Industrial Center, located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with conditions. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned 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 22-07 Suggested Disposition: Remove from Table; Receive and File; Table to 7/5/11 DIC - MVM Memo Material from September 15, 2008 City Council Meeting DIC - ZAC LtrDIC - ApplicationDIC - Proposed Land DIC - Land Use PlanDIC - Setback DIC - Topograpy Use MapClassifcationMaps DIC - Staff ReportDIC - PhotosDIC - Hike/Bike DIC - OrdinanceC-3 Proposed DIC - Opposition Ltr System MapRegulations 3. Request to Rezone – Dubuque Metropolitan Area Solid Waste Agency Proof of publication on notice of public hearing to consider a request from the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) to rezone property located on U.S. Highway 20 West from County A-1 Agricultural District, County R-1 Rural Residential District and City AG Agricultural District to City HI Heavy Industrial District, with conditions, in conjunction with annexation and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located on U.S. Highway 20 West from County A-1 Agricultural District, County R-1 Rural Residential District and City AG Agricultural District to City HI Heavy Industrial District, with conditions Suggested Disposition: Receive and File; Motion B; Motion A DMASWA - ZAC LtrDMASWA - DMASWA - AerialDMASWA - 2009 DMASWA - Staff DMASWA - ApplicationPhotoReportOpposition Ltr 12 DMASWA - Suggested Motion Ordinance 4. Request to Annex – Dubuque Metropolitan Area Solid Waste Agency (Tabled from November 15, 2010 City Council Meeting Proof of publication on notice of public hearing to consider a request from the Dubuque Metropolitan Area Solid Waste Agency to voluntarily annex and rezone 318.25 acres of property on the west side of the City of Dubuque and City Manager recommending approval. RESOLUTION Approving application for voluntary annexation of territory to the City of Dubuque Suggested Disposition: Remove from Table; Receive and File; Adopt Resolution Annexation - MVM Annexation - MapAnnexation - Annexation - Staff MemoResolutionReport Material from September 20, 2010 City Council Meeting DMASWA - MVM DMASWA - Staff DMASWA - MemoMemoBackground Info 5. Request to Rezone – 6900, 6950 and 7000 Pennsylvania Avenue Proof of publication on notice of public hearing to consider a request from the City of Dubuque to rezone property located at 6900, 6950 and 7000 Pennsylvania Avenue from AG Agricultural District to PUD Planned Unit Development with a PI Planned Industrial District designation and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Ordinances No. 14-98, 7-02, and 83-04 by reclassifying three (3) parcels along Pennsylvania Avenue from AG Agricultural District to PUD Planned Unit Development with a PI Planned Industrial District designation to incorporate the three parcels into the Dubuque Industrial Center West Suggested Disposition: Receive and File; Motion B; Motion A Pennsylvania - ZAC Pennsylvania - Pennsylvania - Pennsylvania - Staff Pennsylvania - Suggested Motion LtrApplicationVicinity MapMemoOrdinance 13 6. Text Amendment – City of Dubuque Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend Article 2.3 Definitions and Article 5-19.1 HI Heavy Industrial District to modify regulation of Resource Recovery/Recycling Centers and Zoning Advisory Commission recommending approval. ORDINANCE Amending the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 2, Definitions, to modify definitions of Resource/Recycling Center, and amend Article 5, Zoning Districts, to eliminate outdoor resource recovery/recycling center Suggested Disposition: Receive and File; Motion B; Motion A Amendment - ZAC Amendment - Amendment - Staff Amendment - UDC Amendment - Suggested Motion LtrApplicationMemoDefinitionsOrdinance REINSTATE THE RULES This action limits discussion to the City Council. ACTION ITEMS These are items where discussion is held by the City Council – public comments are not allowed except as authorized by the Mayor. 1. Washington Neighborhood Conservation District City Manager recommending approval of expansion of the Washington Neighborhood Conservation District to encompass the entire neighborhood and that this be referred to the Historic Preservation Commission so they can hold a public hearing and provide a recommendation to the City Council. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 10-11-A-4 pertaining to expansion of the Washington Street Neighborhood Conservation District ORDINANCE Establishing a moratorium on the issuance of demolition permits in the Washington Street Neighborhood Conservation District Suggested Disposition: Receive and File; Motion B; Motion A District - MVM MemoDistrict - Staff MemoDistrict - Exhibit ADistrict - Expansion District - Moratorium Suggested Motion OrdinanceOrdinance 14 2. IBM Joint Development Agreement – Amendment No. 2 City Manager recommending approval of an amendment to the existing IBM Joint Development Agreement on Smarter Water. Suggested Disposition: Receive and File; Approve IBM - MVM MemoIBM - Staff MemoIBM Letter 3. Ordinance Changes – Through Streets, Stop/Yield Intersections City Manager recommending approval of changes to the City Code of Ordinances involving stop intersections, yield intersections and through streets. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1 General Provisions, Section 9-1-321.1 Definitions by amending the definition of through (or thru) highway; Amending Chapter 7 Operation, Section 9-7- 321.321 Entering Through Streets by removing streets designated as through streets; amending Chapter 7 Operation, Section 9-7-321.322 Stop and Yield Intersections by removing intersections designated as stop and yield intersections; and amending Chapter 7 Operation, Section 9-7-321.322A by removing such section Suggested Disposition: Receive and File; Motion B; Motion A Changes - MVM Changes - Staff Changes - Ordinance MemoMemo 4. Neighborhood Watch City Manager transmitting information on the process being used to further explore the Safe Community Task Force recommendation to develop a Neighborhood Watch Program. Suggested Disposition: Receive and File Neighborhood - MVM Neighborhood - Staff MemoMemo 5. Landlord Notification Letters City Manager transmitting information on the status of the Police Department’s Landlord Notification System implemented in 2010. Suggested Disposition: Receive and File 15 Landlord - MVM Landlord - Staff MemoMemo 6. Intercultural Communication Training for Board and Commission Members City Manager recommending that the City offer Intercultural Communication Training sessions once per year to City board and commission members. Suggested Disposition: Receive and File; Approve Training - MVM MemoTraining - Staff Memo 7. Smart Planning Grant Contract City Manager recommending approval of an agreement with East Central Intergovernmental Association (ECIA) for a joint Smart Planning Local Comprehensive Planning Grant application with Dubuque County, Peosta, Asbury, Dyersville, Farley, Epworth and Cascade. RESOLUTION Authorizing Smart Planning Grant Agreement Suggested Disposition: Receive and File; Adopt Resolution Smart Planning - Smart Planning - Smart Planning - Smart Planning - MVM MemoStaff MemoResolutionGrant Agreement 8. Bee Branch Creek Restoration Project – Additional Property Acquisitions City Manager recommending approval of the acquisition of additional property for the Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Approve Bee Branch - MVM Bee Branch - Staff Bee Branch - Exhibit Bee Branch - Exhibit MemoMemoAB 9. Fiscal Year 2012 Policy Guidelines City Manager recommending approval of the Policy Guidelines for Fiscal Year 2012. Suggested Disposition: Receive and File; Approve Guidelines - MVM Guidelines - Staff Policy Guidelines MemoMemo 16 COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation – Chapter 21.5(1)(c) Jeanne F. Schneider December 16, 2010 17