3 7 11 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF 3/7/11
RESNICK
BRAIG
BUOL
CONNORS
JONES
LYNCH
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
5:00 P.M. – WORK SESSION – SUSTAINABLE DUBUQUE
6:30 P.M. – REGULAR MEETING
HISTORIC FEDERAL BUILDING
MONDAY, MARCH 7, 2011
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.
1. Minutes and Reports Submitted
Arts and Cultural Affairs Advisory Commission of 1/25; Cable Community
Teleprogramming Commission of 1/4; City Council of 2/17, 2/22, 2/24, 2/28 and 3/1;
Historic Preservation Commission of 2/17; Housing Code Appeals Board of 1/18;
Library Board of 1/27; Long Range Planning Advisory Commission of 2/16; Park and
Recreation Commission of 2/8
Proof of publication of City Council Proceedings of February 7, 9 and 17, 2011
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Pam Sisler for personal injury; Zac and Amy Scherrman for property damage; Elizabeth
L. Young for vehicle damage; Mamavi Mathey-Apossan for property loss; Oak Park
Place for property damage
Suggested Disposition: Receive and File; Refer 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: Tyler Hoyt for
vehicle damage; Pam Sisler for personal injury; Elizabeth L. Young for vehicle damage
Suggested Disposition: Receive and File; Concur
3. Federal Emergency Management Agency (FEMA)
Communication from Richard Leonard, FEMA, advising that the City’s PAL designation
will expire on May 17, 2011 and that all necessary documentation required to
demonstrate that the Dubuque Local Flood Protection Project Levee is in full
compliance with Code of Federal Regulations needs to be submitted by that date.
Suggested Disposition: Receive and File
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4. Circles Program: Contract with Move the Mountain
City Manager recommending approval of the contract with the Move the Mountain
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Leadership Center for services related to implementation of the Circles initiative.
Suggested Disposition: Receive and File; Approve
5. Iowa Department of Transportation Agreement
City Manager recommending approval of an Iowa Department of Transportation
Agreement for new traffic installations at the US 151/61 intersection with Maquoketa
Drive.
RESOLUTION
Approving the Iowa Department of Transportation Federal Aid
Agreement for a Surface Transportation Program Project (Agreement No. 6-10-STPU-
02) between the Iowa Department of Transportation and the City of Dubuque for the US
61/151 Corridor Project
Suggested Disposition: Receive and File; Adopt Resolution
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6. Central Avenue Water Service Lateral Project (21 to 32 Street)
City Manager recommending acceptance of the Central Avenue Water Service Lateral
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Project (21 to 32 Street) as completed by Drew Cook & Sons Excavating Co. Inc. in
the final contract amount of $476,035.00 and adoption of the Final Schedule of
Assessments.
RESOLUTION
Accepting the Central Avenue Water Service Lateral Project and
authorizing payment of the contract amount to the contractor
RESOLUTION
Adopting the final assessment schedule for the Central Avenue Water
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Service Lateral Project (21 to 32 Street)
Suggested Disposition: Receive and File; Adopt Resolutions
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7. Property Acquisition – 2349 and 2350 Elm Street
City Manager recommending approval of the acquisition of property located at 2349 and
2350 Elm Street as part of the Bee Branch Creek Restoration Project.
RESOLUTION
Approving the acquisition of real estate owned by Jerry A. Spiegelhalter
in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
8. Property Acquisition – 2113 Kniest Street
City Manager recommending approval of the acquisition of property located at 2113
Kniest Street for additional green space along the Bee Branch Creek Restoration
Project.
RESOLUTION
Approving the acquisition of real estate owned by Lloyd P. Schmitt and
Joann L. Schmitt in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
9. Property Acquisition – 2117 Kniest Street
City Manager recommending approval of the acquisition of property located at 2117
Kniest Street for additional green space along the Bee Branch Creek Restoration
Project.
RESOLUTION
Approving the acquisition of real estate owned by Robert F. Atkinson
and Brenda L. Atkinson in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
10. Land and Water Conservation Fund (LWCF) Grant
City Manager recommending approval of a Land and Water Conservation Fund (LWCF)
grant application for the Bee Branch Creek Outdoor Classroom project.
RESOLUTION
Approving a LWCF Grant application to the Iowa Department of Natural
Resources for the Bee Branch Creek Outdoor Classroom
Suggested Disposition: Receive and File; Adopt Resolution
11. Legislative Correspondence
Communication to Senator Pam Jochum requesting that the $300,000 State Transit
Assistance (STA) Rebuild Iowa Infrastructure funds be maintained.
Communication to Senator Tom Harkin, Senator Chuck Grassley and Congressman
Bruce Braley regarding funding threats to the Community Development Block Grant
program.
Suggested Disposition: Receive and File
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12. Iowa Department of Natural Resources Aquatic Education Program Grant
City Manager recommending approval of an Iowa Department of Natural Resources
Aquatic Education Program Grant Application.
Suggested Disposition: Receive and File; Approve
13. Intermodal Contract Amendment
City Manager recommending approval to amend the contract with IIW for selection of an
intermodal site to cover the extra work for Archeological Services in the amount of
$5,438.51 and Environmental Services in the amount of $15,400.00.
Suggested Disposition: Receive and File; Approve
14. State of Iowa Direct Financial Assistance Contract for Sedgwick Claims
Management Services, Inc.
City Manager recommending approval of a contract with the Iowa Department of
Economic Development (IDED) for Iowa Values Funds (IVF) Financial Assistance
benefits on behalf of Sedgwick Claims Management Services, Inc.
RESOLUTION
Approving an Iowa Values Fund Financial Assistance Contract by and
among the Iowa Department of Economic Development, the City of Dubuque, and
Sedgwick Claims Management Services, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
15. Partial Release of Mortgage – River Valley Nursery
City Manager recommending approval of a partial release of the mortgage on River
Valley Nursery’s property to facilitate sale of a lot to Habitat for Humanity.
RESOLUTION
Approving a partial release of mortgage for River Valley Nursery and
Landscape, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
16. Dubuque Industrial Center West (South Siegert Farm) Request for Proposals
City Manager recommending approval of the issuance of a Request for Proposals for
the design, consulting and engineering services for the Dubuque Industrial Center West
– South Siegert Farm Addition.
Suggested Disposition: Receive and File; Approve
17. Journal of Emergency Dispatch
Copy of Journal of Emergency Dispatch that features the Dubuque Communications
Center annual Hills and Dales Christmas Celebration
Suggested Disposition: Receive and File
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18. Code of Ordinances – Supplement No. 4
City Manager recommending approval of Supplement No. 4 to the Code of Ordinances.
RESOLUTION
Adopting Supplement No. 4 to the Code of Ordinances
Suggested Disposition: Receive and File; Adopt Resolution
19. Bunker Hill Golf Course Cart Lease Agreement
City Manager recommending approval of a lease agreement with Yamaha Commercial
Customer Finance for sixty golf carts for the Bunker Hill Golf Course for a period of six
golf seasons.
Suggested Disposition: Receive and File; Approve
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20. Dubuque Community School District’s 21 Century Learning Grant Application
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City Manager recommending support for the Dubuque Community School District’s 21
Century Learning Grant Application and submission of a Letter of Support.
Suggested Disposition: Receive and File; Approve
21. Mississippi River Water Quality Center
City Manager recommending approval of letters of support for a potential Mississippi
River Water Quality Center to be located in Dubuque.
Suggested Disposition: Receive and File
22. Signed Contracts
-- 975 Central Parking Ramp Change Orders
Suggested Disposition: Receive and File
23. 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 Panchero’s Mexican
Grill and a Class “C” Beer Permit to Ron’s Five Point Mart, Hy-Vee #3, Hy-Vee Gas #3,
and Big 10 Mart
RESOLUTION
Granting the issuance of a Class “C” Beer/Liquor License to Eagle Club,
Mystique Casino, Bulldog Billiards and Tantra Thai Bistro; a Class “B” Wine Permit to
Tantra Thai Bistro, Hy-Vee #3 and Hy-Vee Gas #3; and a Class “WBN” Native Wine
Permit to Big 10 Mart and Bluff Street Brew Haus
Suggested Disposition: Receive and File; Adopt Resolutions
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ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1. CARADCO – Development Agreement
City Manager recommending that a public hearing be set for March 21, 2011 to consider
approval of entering into a Development Agreement with CARADCO Building LLLP for
the purpose of redeveloping the property located at 900 Jackson Street.
RESOLUTION
Fixing the date for a public hearing of the City Council of the City of
Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue
Obligations and the execution of a Development Agreement relating thereto with
CARADCO Building, LLLP, and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/21/11
2. Nottingham Properties, LLC – Development Agreement
City Manager recommending that a public hearing be set for March 21, 2011 to consider
approval of entering into a Development Agreement with Nottingham Properties, LLC
for the purpose of redeveloping property located at 485 Locust Street.
RESOLUTION
Fixing the date for a public hearing of the City Council of the City of
Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue
Obligations and the execution of a Development Agreement relating thereto with
Nottingham Properties, LLC and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/21/11
3. Iowa 32 Hike / Bike Trail Phase 3 Project
City Manager recommending initiation of the public bidding process for the Iowa 32 Hike
/ Bike Trail Phase 3 Project and that a public hearing be set for March 21, 2011.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on the plans and specifications, form of
contract, and estimated cost; and ordering the advertisement for bids for the Iowa 32
Hike / Bike Trail Phase 3 Project
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/21/11
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4. Central Avenue HMA Resurfacing Project from 21 to 32 Street
City Manager recommending initiation of the public bidding process for the Central
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Avenue HMA Resurfacing Project from 21 to 32 Street and that a public hearing be
set for March 21, 2011.
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RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on the plans and specifications, form of
contract, and estimated cost; and ordering the advertisement for bids for the Central
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Avenue HMA Resurfacing Project from 21 to 32 Street
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/21/11
5. Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1
City Manager recommending initiation of the public bidding process for the Port of
Dubuque Marina Dock System and Utilities Project – Bid Package #1and that a public
hearing be set for March 21, 2011.
RESOLUTION
Preliminary approval of plans, specifications, form of contract, and
estimated cost; setting date of public hearing on the plans and specifications, form of
contract, and estimated cost; and ordering the advertisement for bids for the Port of
Dubuque Marina Dock System and Utilities Project – Bid Package #1
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing
3/21/11
BOARDS/COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions; applicant appointments will be made at the next City
Council meeting.
Zoning Board of Adjustment
One 5-year term through March 26, 2016 (Term of Klauer)
Applicant:
Randall Klauer, 2437 Matthew John Drive
This Board is subject to the State of Iowa Gender Balance Law effective January 1, 2012.
Appointments to the following Boards/Commissions:
Community Development Advisory Commission
One 3-year term through February 15, 2014 (Term of Shaw)
Applicant:
David Shaw, 2765 Broadway Street
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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. Sanitary Sewer Easement – Faley Properties, LLC
Proof of publication on notice of public hearing to consider a request from Faley
Properties, LLC d/b/a IWI Motor Parts to obtain an easement for a sanitary sewer lateral
that will serve their development of Lot 2 of Dubuque Industrial Center North First
Addition and City Manager recommending approval.
RESOLUTION
Approving the disposal of a sanitary sewer easement in the Dubuque
Industrial Center North First Addition to Faley Properties, LLC and Faley Enterprises,
Inc.
Suggested Disposition: Receive and File; Adopt Resolution
2. Greater Downtown Urban Renewal District
Proof of publication on notice of public hearing to consider an amendment to the
Greater Downtown Urban Renewal District to include the South Bluff Street Subarea
and City Manager recommending approval.
Long Range Planning Advisory Commission recommending approval of the amended
and restated Urban Renewal Plan for the Greater Downtown Urban Renewal District.
RESOLUTION
Approving the Amended and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution
3. Dubuque Industrial Center Economic Development District
Proof of publication on notice of public hearing to consider an amendment to the
Dubuque Industrial Center Economic Development District and City Manager
recommending approval.
Long Range Planning Advisory Commission recommending approval of the amended
and restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District.
RESOLUTION
Approving the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District
Suggested Disposition: Receive and File; Adopt Resolution
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4. Fire Hydrant Painting Project
Proof of publication on notice of public hearing to consider the plans and specifications,
form of contract and estimated cost for Phase I of the Fire Hydrant Painting Program
and City Manager recommending approval.
RESOLUTION
Approval of the plans and specifications, form of contract, and estimated
cost for the Fire Hydrant Painting Project
Suggested Disposition: Receive and File; Adopt Resolution
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. Dubuque Initiatives
Bill Callahan, Dubuque Initiatives, to provide a presentation on the Roshek Project.
Suggested Disposition: Receive and File
2. Rose of Dubuque Project
City Manager recommending approval of a letter of support and the IFA form committing
to a local financial commitment of $19,355 per year for ten years through the utilization
of Tax Increment Financing for the Rose of Dubuque Project.
Suggested Disposition: Receive and File; Approve
3. Site Selection for the Intermodal Transportation Center
City Manager recommending approval of the selection of the Historic Millwork District
for the Intermodal Transportation Facility.
Suggested Disposition: Receive and File; Approve
4. Intermodal Transportation Center – Issuance of a Request for Proposals for
Design Services
City Manager recommending approval of the issuance of a Request for Proposals for
design services for the Intermodal Transportation Center.
Suggested Disposition: Receive and File; Approve
5. Safe Community Task Force: Juvenile Curfew Recommendation
City Manager recommending adoption of a Parental Responsibility Ordinance (PRO) as
opposed to a curfew ordinance as originally recommended by the Safe Community
Task Force.
ORDINANCE
Amending City Of Dubuque Code Of Ordinances Title 7 Police, Fire, and
Public Safety, Chapter 5 Offenses, by adopting a new Article D Parental Responsibility
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requiring the parent of a minor to exercise reasonable control over the minor and
establishing penalties for a violation thereof
Suggested Disposition: Receive and File; Motion B; Motion A
6. Safe Community Task Force Recommendation: Evicting Problem Tenants for
Cause
City Manager recommending approval of two additions to the public nuisance ordinance
to adopt a clear and present danger standard and disorderly house provision.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 6 Health, Housing,
Sanitation, and Environment, Chapter 4 Nuisances, Section 6-4-3 Public Nuisance
Defined; Public Nuisances Enumerated by adding a provision prohibiting the creation of
a clear and present danger to others and maintaining a disorderly house
Suggested Disposition: Receive and File; Motion B; Motion A
7. AARP / Cities of Service Grant
City Manager recommending execution of an agreement for an AARP/Cities of Service
Grant.
Suggested Disposition: Receive and File; Approve
8. Urban Youth Corps Grant Application
City Manager recommending approval of an Iowa Department of Transportation Urban
Youth Corps Grant Application.
Suggested Disposition: Receive and File; Approve
9. Green Iowa AmeriCorps Team
City Manager recommending approval of a site agreement and commitment of
$13,536.40 in City cash match in order to host a Green Iowa AmeriCorps team in
Dubuque in 2011.
Suggested Disposition: Receive and File; Approve
10. Addition of Parking Meters in Meter District
City Manager recommending approval of the addition of parking meters in the 800 block
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of Main Street, on 8 Street between Iowa and Locust, and on 7 Street on the north
side between Locust Street and Bluff Street.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and
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Traffic, Chapter 14 Parking, Section 9-14-321-666 by adding 7 Street north side from
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alley to Bluff Street, sections of 8 Street from Iowa Street to Bluff Street and sections
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of Main Street from 8 Street to 9 Street to the meter district
Suggested Disposition: Receive and File; Motion B; Motion A
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11. Ordinance Change – Exempting Certain Parking Restrictions in Meter District
City Manager recommending approval of a Code of Ordinance adjustment to exempt
the Meter District from the parking within ten feet of crosswalk or traffic control device
restriction, as long as the markings required by the Ordinance are properly placed.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and
Traffic, Chapter 14 Parking, Section 9-14-600. Parking Violations by amending this
section to exempt meter district parking from parking within 10 feet of a crosswalk or
traffic control device
Suggested Disposition: Receive and File; Motion B; Motion A
12. Fire Department – No Parking Amendment
City Manager recommending approval to reserve the parking area on Central Avenue
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from 9 Street to the entrance of the new ramp at 975 Central on the west side only for
parking of official Fire Department vehicles 7 days per week, 24 hours per day.
ORDINANCE
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and
Traffic, Chapter 14 Parking, Section 9-14-321-626 Parking Violations; by adding an
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additional area on the west side of Central Avenue from 9 Street to the entrance of the
ramp located at 975 Central
Suggested Disposition: Receive and File; Motion B; Motion A
13. City of Dubuque Civility Accord
Mayor Buol submitting a proposed City of Dubuque Civility Accord for City Council
consideration.
Suggested Disposition: Receive and File; Council
14. Enterprise Zone Re-Appointments
City Manager recommending confirmation of the re-appointment of Peggy Murray,
representing Iowa Workforce Development, and Daniel White, representing Northeast
Iowa Community College, to the City’s Enterprise Zone Commission and it is further
recommended that the City Council appoint a City Council representative to this
Commission (currently the City Manager).
Suggested Disposition: Receive and File; Confirm; Council Appointment
15. Council Appointments
Communication from the Long Range Planning Advisory Commission requesting
appointment of a City Council liaison to the Commission.
Communication from Bill Callahan, Dubuque Initiatives, requesting appointment of a
City Council Member to fill the current vacancy on the Dubuque Initiatives Board of
Directors.
Suggested Disposition: Receive and File; Council
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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.
Jeanne F. Schneider
March 3, 2011
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