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3 7 11 City Clerk's Skeleton Notes and Meeting CallCITY COUNCIL REGULAR SESSION, MARCH 7, 2011 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESS : MAYOR B CJ OL, COUNCIL MEMBERS AIG, CONN RS, JO S, LYN H, RESNI CITY MANAGER VAN N�LLIGEN; CITY ATTORNEY I /DAHL ABSENT: Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE INVOCATION: Reverend Kurt Hansen, New Hope Lutheran Church 2 1 zY CITY COUNCIL SPECIAL SESSION, MARCH 7, 2011 COUNCIL MET IN SPECIAL SESSION AT 5:00 P.M. IN THE HISTORIC FEDERAL BUILDING PRES f T: MAYOR,BUOL, COUNCIL MEMBERS BRAIG, CON 'ORS, JO,N / ES, LY CH, RESNI'CK CITY MANAGER VAN MIILLIGEN; CITY ATTORN LINDAHL ABSENT: Motion to adjourn at �/ Mayor Buol read the call and stated that this was a special meeting of the City Council called for the purpose of discussing Sustainable Dubuque. Ayes Nays //h • esnick rag / Buol ' Connors ✓ Jones 9 Lynch CONSENT ITEMS Ay�:s Resnick Braig Buol Connors Jones ynch 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 Nays 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 3 4. Circles Program: Contract with Move the Mountain TM City Manager recommending approval of the contract with the Move the Mountain 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 r 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 6. Central Avenue Water Service Lateral Project (21 to 32 Street) City Manager recommending acceptance of the Central Avenue Water Service Lateral 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 c 9 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 Service Lateral Project (21 to 32 Street) Suggested Disposition: Receive and File; Adopt Resolutions 4 Ayes Resnick Braig Buol Connors Jones Lynch Nays 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 7 / 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 Z� 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 2 . 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 Ayes Resnick Braig Buol Connors Jones Lynch 5 Nays I 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 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 7,5 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 6 Ayes Resnick Braig Buol Connors Jones Lynch Nays 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 7 6 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 18. Code of Ordinances — Supplement No. 4 City Manager recommending approval of Supplement No. 4 to the Code of Ordinances. RESOLUTION 2 2 Adopting Supplement No. 4 to the Code of Ordinances Suggested Disposition: Receive and File; Adopt Resolution 7 Ayes Resnick Braig Buol Connors Jones Lynch Nays 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 20. Dubuque Community School District's 21 Century Learning Grant Application 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 7,(r 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 Ayes Resnick Braig Buol Connors Jones Lynch 8 Nays 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 Sv 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 4. Central Avenue HMA Resurfacing Project from 21 to 32 Street City Manager recommending initiation of the public bidding process for the Central Avenue HMA Resurfacing Project from 21 to 32 Street and that a public hearing be set for March 21, 2011. 9 RESOLUTION F5 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 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 #1 and that a public hearing be set for March 21, 2011. RESOLUTION J 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 yes Nays _ Resnick / Braig BUOl / Connors Jones ()Lynch 10 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 Ayes ✓ Resnick / raig B Buol / ' )Connors Jones / Lynch Nays 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 5yes ,// s Resnick / raig // Buol ✓� Connors Jones Lynch 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 eve 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 Ayes ✓/ _ Resnick raig Buol Connors Jones Lynch 12 Nays Nays 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 Ayes Resnick �/ Braig 1 / Buol onnors Jones Lynch 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 Ayes / Resnick ✓/ Braig ✓% Buol Connors Jones Lynch 13 Nays Nays 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 g 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 14 Ayes Nays Resnick raig / Buol / , Connors / o Jones Lynch REINSTATE THE RULES This action limits discussion to the City Council. esnick Braig j Buol Connors / � Jones ()Lynch Nays 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 City Manager recommending approval of a letter of support and the IFA f 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. 2. Rose of Dubuque Project Ayes Resnick f raig Buol Connors / Jones Lynch Suggested Disposition: Receive and File; Approve j r ) „,,,,e ) Ayes /f Resnick Braig Buol onnors Jones Lynch 15 Nays Nays 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 Ay,es Resnick Braig Buol / Connors �J) Jones Lynch Ayes Resnick Braig Buol Connors Jones Lynch 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 16 Resnick Braig Buol Connors ones Lynch Nays Nays Nays 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 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 Suspend the Readings Ayes Resnick Braig Buol Connors, ones l ynch ays Suspend the Readings 17 Final leading and Adopt Ayy, Nayes Resnick Braig Y Buol I Connors Jones Lynch 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 / 7 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 Final Reading and Adopt Ayes Nays Ayes Resnick , Resnick j Braig Braig Buol / Buol 7 / Connors ,/ Connors ones ,/ / Jones Lynch Lynch Nayes 11 f' V 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 Ayes Resnick Braig Buol Connors ones Lynch 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 Ayes ,// 18 Resnick Braig Buol Connors ones Lynch Nays Nays 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 esnick / Braig Buol Connors �ones Lynch 10. Addition of Parking Meters in Meter District City Manager recommending approval of the addition of parking meters in the 800 block 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 /1 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and Traffic, Chapter 14 Parking, Section 9 -14- 321 -666 by adding 7th Street north side from alley to Bluff Street, sections of 8 Street from Iowa Street to Bluff Street and sections of Main Street from 8 Street to 9 Street to the meter district ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicle and Traffic, Chapter 14 Parking, Section 9 -14- 321 -602 Parking Violations; by changing no parking areas on 7 Street between Locust Street and Bluff Street; 8 Street between Iowa Street and Locust Street; 9 Street between Main Street and Locust Street and Main Street between 8 Street and 9 Street Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Final Reading and Adopt Ayes Ayes / Nays y " Resnick Resnick Braig / // braig / Buol ✓ Buol Connors ✓ Connors Jones /jJones ,/ynch Lynch 19 Nays Nayes 11. Ordinance Change — Exempting Certain Parking Restrictions in Meter District `D 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 Suspend the Readings Resnick Braig Buol Connors Jones Lynch Nays 12. Fire Department — No Parking Amendment City Manager recommending approval to reserve the parking area on Central Avenue 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 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 Suspend the Readings Ayes, Resnick raig Buol onnors /Jones Lynch Nays 20 Final Reading and Adopt es Nayes Resnick //e Buol Connors Jones Lynch Final Reading and Adopt Ay9s Nayes ,// Resnick � egraig / Buol ✓ /'Connors Jones Lynch I 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; Coujil " yes Resnick / Braig .// Buol onnors Jones ✓ Lynch 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 21 Resnick Braig Buol Connors Jones Lynch Nays Nays a° 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 22 Ay Resnick Braig Buol onnors Jones Lynch Ayes Resnick Braig Buol Connors Jones Lynch 16. Environmental Protection Agency (EPA) Consent Decree City Manager recommending approval of the Consent Decree with the United States Environmental Protection Agency. Suggested Disposition: Receive and File; Approve Aye J Resnick / Braig Buol ,Connors ones ynch Nays Nays Nays 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. Motion to adjourn at 23 ,/ Ayes Resnick raig Buol /)Connors Jones Lynch Nays