3 21 11 City Council Agenda with Supporting Documents
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
HISTORIC FEDERAL BUILDING
MONDAY, MARCH 21, 2011
PLEDGE OF ALLEGIANCE
INVOCATION
Reverend Nancy Bickel, First Congregational UCC
PRESENTATION
2010 Drinking Water State Revolving Loan Fund – Award for Sustainable Public Health Protection
Glenn Curtis – EPA Region 7 Chief of the Wastewater Management Branch
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
Cable TV Teleprogramming Commission of 1/4; City Conference Board of 2/7; City Council of 3/3, 3/7, 3/10 and 3/12; Civil Service Commission of 1/14; Environmental Stewardship Advisory
Commission of 3/10; Historic Preservation Commission of 2/17; Historic Preservation Commission Education Task Force of 3/2; Zoning Advisory Commission of 3/2; Zoning Board of Adjustment
of 2/24
Library Board of Trustees Update from the Meeting of February 24, 2011
Proofs of publication of City Council Proceedings of February 22 and 24, 2011 and List of Claims and Summary of Revenues for Month Ended January 31, 2011
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
William and Rebecca Garr for vehicle damage; Joyce M. Terris for property damage; Wayne and Betty Bauer for property damage; Kevin Bradt for vehicle damage; Susanne Pauley for personal
injury; Eugene K. Sand for personal injury; Monica Welter for vehicle 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: Oak Park Place for property
damage; Zac and Amy Scherrman for property damage; Mamavi Mathey-Apossan for personal injury/property damage; William and Rebecca Garr for vehicle damage; Wayne and Betty Bauer for property
damage; Kevin Bradt for vehicle damage; Susanne Pauley for personal injury; Eugene K. Sand for personal injury
Suggested Disposition: Receive and File; Concur
3. Dubuque Metropolitan Area Solid Waste Agency
Communication from the Dubuque Metropolitan Area Solid Waste Agency submitting the Fiscal Year 2012 budget and fee schedule which were approved by the Board of Directors.
Suggested Disposition: Receive and File
4. Scale Operator Position
City Manager recommending that one Laborer position in the Public Works Department be eliminated and one Scale Operator position created.
Suggested Disposition: Receive and File; Approve
5. Building Code of Appeals Board
Communication from Ryan Anglese submitting his resignation from the Building Code of Appeals Board.
Suggested Disposition: Receive and File; Accept Resignation
6. State Historical Society of Iowa
Communication from the State Historical Society of Iowa advising that the Upper Main Historic District Amendment, 900s – 1000s Main Street, has been listed in the National Register of
Historic Places effective February 11, 2011.
Suggested Disposition: Receive and File
7. Property Acquisition – 2275 Elm Street
City Manager recommending approval of the acquisition of property located at 2275 Elm Street as part of the Bee Branch Creek Restoration Project.
RESOLUTION Approving the acquisition of real estate owned by Todd H. Schmitz in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution
8. 2010 / 2011 Snow and Ice Removal Assessments
City Manager recommending approval of the 2010 / 2011 snow and ice removal from City right-of-way assessments.
RESOLUTION Adopting the final assessment schedule for the Snow Removal Assessment – Right-Of-Way Obstruction Removal Assessment Project
Suggested Disposition: Receive and File; Adopt Resolution
9. Dubuque Levee and Floodwall Certification – PAL Progress Report #6
City Manager transmitting the City of Dubuque's Provisionally Accredited Levee (PAL) Progress Report #6 to FEMA for certification of the Dubuque levee and floodwall system along the
Mississippi River.
Suggested Disposition: Receive and File
10. Supplemental Flood Protection Measures
City Manager recommending approval of the purchase of HESCO flood barriers in the current fiscal year instead of waiting until Fiscal Year 2013 when they are in the Capital Improvement
Program budget.
Suggested Disposition: Receive and File; Approve
11. Notice of Finding of No Significant Impact (FONSI) on the Environment – CARADCO, LLLP Project
City Manager recommending approval of the execution of a Request for Release of Funds and Certification for Iowa Community Development Block Grant (CDBG) disaster recovery funds for
the Caradco Building project.
RESOLUTION Authorizing Request for Release of Funds and Certification for Iowa Community Development Block Grant (CDBG) Housing Disaster Recovery Funds for the Caradco Building project
Suggested Disposition: Receive and File; Adopt Resolution
12. Dubuque Golf and Country Club
Communication from Richard Bugalski, General Manager – Dubuque Golf and Country Club, requesting permission to display fireworks on Monday, July 4, 2011 with a rain date of Tuesday,
July 5, 2011.
Suggested Disposition: Receive and File; Approve
13. Signed Contracts
A. Cartegraph Software Purchase
B. Water Pollution Control Plant Project – Strand Associates, Inc. – Additional services for Davis-Bacon Compliance
C. Water Pollution Control Plant Project – Change Order #6
Suggested Disposition: Receive and File
14. Liquor License Transfer
Permanent transfer of the liquor license of Easy Street from 431 Rhomberg Avenue to 30 Main Street.
Suggested Disposition: Receive and File; Approve
15. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION Granting the issuance of a Class “C” Beer Permit to Kwik Stop C-Store and Para Food Mart
RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Salsa’s Mexican Restaurant, Ground Round Restaurant, Bunker Hill Golf Course, Chopper’s, and the Yardarm Restaurant;
a Special Class “C” Liquor License to Mindframe Theaters; and a Class “WBN” Native Wine to Kwik Stop C-Store
Suggested Disposition: Receive and File; Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Franklin Investments, LLC – Development Agreement
City Manager recommending that a public hearing be set for April 4, 2011 to consider approval of entering into a Development Agreement with Franklin Investments, LLC for redevelopment
of the property located at 39 Bluff Street, most recently the site of Central Alternative School.
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 Franklin Investments, LLC and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 4/4/11
2. Greater Downtown Urban Renewal District Expansion
City Manager recommending that a public hearing be set for May 2, 2011 to consider a Resolution of Necessity for expansion of the Greater Downtown Urban Renewal District.
RESOLUTION Of necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the definition of a blighted area or economic development area under the
Urban renewal Law and that development of said areas is necessary in the interest of the residents of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 5/2/11
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
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.
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. Request to Rezone – 515/517/531/537 West 8th Street
Proof of publication on notice of public hearing to consider a request from Thomas Frost to rezone property located at 515/517/531/537 West 8th Street from C-4 Downtown Commercial District
to OC Office Commercial District 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 at 515 – 537 West 8th Street
from C-4 Downtown Commercial District to OC Office Commercial District
Suggested Disposition: Receive and File; Motion B; Motion A
2. EverGreen Real Estate Development Corporation
Proof of publication on notice of public hearing to consider a request from EverGreen Real Estate Development Corporation to amend the Cedar Lake Plaza Planned Commercial District to
allow a senior assisted-living housing development and Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ordinances 8-96 and 63-97, which established regulations
for Cedar Lake Plaza, a Planned Unit Development with a Planned Commercial Designation, located at Cedar Cross Road and Lake Ridge Drive and now being amended to allow housing for elderly
or persons with disabilities as a permitted use
Suggested Disposition: Receive and File; Motion B; Motion A
3. CARADCO – Development Agreement
Proof of publication on notice of public hearing to consider entering into a Development Agreement with CARADCO Building LLLP for the purpose of redeveloping the property located at
900 Jackson Street and City Manager recommending approval.
RESOLUTION Approving a Development Agreement with CARADCO Building, LLLP for the property at 900 Jackson Street
Suggested Disposition: Receive and File; Adopt Resolution
Material from March 7, 2011 City Council Meeting
4. Nottingham Properties, LLC – Development Agreement
Proof of publication on notice of public hearing to consider entering into a Development Agreement with Nottingham Properties, LLC for the purpose of redeveloping property located at
485 Locust Street and City Manager recommending approval.
RESOLUTION Approving a Development Agreement with Nottingham Properties, LLC for the property located at 485 Locust Street
Suggested Disposition: Receive and File; Adopt Resolution
Material from March 7, 2011 City Council Meeting
5. Iowa 32 Hike / Bike Trail Phase 3 Project
Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimate of cost for the Iowa 32 Hike / Bike Trail Phase 3 Project and
City Manager recommending approval.
RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 3 Project
Suggested Disposition: Receive and File; Adopt Resolution
Material from March 7, 2011 City Council Meeting
6. Central Avenue HMA Resurfacing Project from 21st to 32nd Street
Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimate of cost for the Central Avenue HMA Resurfacing Project from 21st
to 32nd Street and City Manager recommending approval.
RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Central Avenue HMA Resurfacing Project from 21st to 32nd Street
Suggested Disposition: Receive and File; Adopt Resolution
Material from March 7, 2011 City Council Meeting
7. Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1
Proof of publication on notice of public hearing to consider the plans and specifications, form of contract and estimate of cost for the Port of Dubuque Marina Dock System and Utilities
Project – Bid Package #1 and City Manager recommending approval.
RESOLUTION Approving plans, specifications, form of contract, and estimated cost for the Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1
Suggested Disposition: Receive and File; Adopt Resolution
Material from March 7, 2011 City Council Meeting
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. Fourth Ward Appointment
City Council appointment of the Fourth Ward representative.
RESOLUTION Filling the vacancy in the office of City Council Member for the Fourth Ward
Suggested Disposition: Receive and File; Adopt Resolution
2. Sustainable Development Incentives for Residential Subdivisions
City Manager recommending adoption of a standard for sustainable development incentives for new major residential subdivisions that score at least 80 points in the Unified Development
Code process by utilizing sustainable subdivision tools.
Suggested Disposition: Receive and File; Approve
3. Arts and Cultural Affairs Advisory Commission
City Manager recommending approval of the Arts and Cultural Affairs Advisory Commission recommendation that functional public art be integrated into the Bee Branch Creek Parkway project.
Suggested Disposition: Receive and File; Approve
4. Lead Paint Hazard Control Grant and Healthy Homes Production Grant
City Manager recommending approval of a Notice of Intent to Request Release of Funds for the Lead Paint Hazard Control Grant in the amount of $3,099,948 and Healthy Homes Production
Grant in the amount of $999,973.
RESOLUTION Authorizing Request for Release of Funds and Certification for Lead Paint Hazard Control Grant and Healthy Homes Production Grant Programs
Suggested Disposition: Receive and File; Adopt Resolution
5. University of Iowa – Iowa Initiative for Sustainable Communities Partnership
City Manager recommending approval of a proposed partnership with the University of Iowa School of Urban and Regional Planning Program’s Iowa Initiative for Sustainable Communities.
Suggested Disposition: Receive and File; Approve
6. City Hall HVAC System Replacement
City Manager recommending approval of the replacement of the existing City Hall HVAC system in order to save significant potable water and energy resources.
Suggested Disposition: Receive and File; Approve
7. Safe Community Task Force: Juvenile Curfew Recommendation (Parental Responsibility Ordinance) (First Reading on March 7, 2011)
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
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 and Property Acquisition – Chapter 21.5(1)(c)(j) Code of Iowa
Jeanne F. Schneider
March 17, 2011