3 21 11 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF
3/21/11
RESNICK
BRAIG
BUOL
CONNORS
JONES
LYNCH
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
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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
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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
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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
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1. Request to Rezone – 515/517/531/537 West 8 Street
Proof of publication on notice of public hearing to consider a request from Thomas Frost
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to rezone property located at 515/517/531/537 West 8 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
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West 8 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
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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
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
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
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6. Central Avenue HMA Resurfacing Project from 21 to 32 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
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from 21 to 32 Street and City Manager recommending approval.
RESOLUTION
Approving plans, specifications, form of contract, and estimated cost for
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the Central Avenue HMA Resurfacing Project from 21 to 32 Street
Suggested Disposition: Receive and File; Adopt Resolution
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
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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
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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
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