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3 21 11 Clerk's Skeleton Notes((.(;) CITY COUNCIL REGULAR SESSION, MARCH / 2011 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING / / / PRESENT: MAYOR BILL COUNCIL MEMBERS BRAIG CO/ NORS JONES LY CH RESNI CITY MANAGER VAN MxLLIGEN; CITY ATTORNEY L 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 Nancy Bickel, First Congregational UCC PRESENTATION: 2010 Drinking Water State Revolving Loan Fund — Award for Sustainable Public Health Protection by Glenn Curtis — EPA Region 7 Chief of the Wastewater Management Branch CONSENT ITEMS Suggested Disposition: Receive and File 2 e Resnick Braig Buol Connors Jones / Lynch Nays 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 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 95 Approving the acquisition of real estate owned by Todd H. Schmitz in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution Ayes Resnick Braig Buol Connors Jones Lynch 3 Nays 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 9 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 Ayes Resnick Braig Buol Connors Jones Lynch 4 Nays 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 9 / Granting the issuance of a Class "C" Beer Permit to Kwik Stop C -Store and Para Food Mart RESOLUTION ?7 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 Ayes Resnick Braig Buol Connors Jones Lynch 5 Nays ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. Ayes Resnick (' Braig Buol onnors Jones Lynch 6 Nays 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 9? 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. Ayes / Resnick / �Braig ✓ Buol Connors ones Lynch 7 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 Readings Ayes/ Nays Resnick raig Buol Connors ✓ Jones Lynch SUSPEND THE RULES 8 Resnick raig Buol Connors Jones Lynch Nays 0 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 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 West 8 Street from C -4 Downtown Commercial District to OC Office Commercial District Suggested Disposition: Receive and File; Motion B; Motion A Final Reading and Adopt Ay 's Nayes Resnick Braig Buol / Connors Jones Lynch 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 7 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 Suspend the Readings Aye Nays ✓/ Resnick Braig Buol onnors Jones Lynch Ayes Nayes ✓ Resnick / , = raig Buol onnors " Jones , 9 Final Reading and Adopt I 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 /O Approving a Development Agreement with CARADCO Building, LLLP for the property at 900 Jackson Street Suggested Disposition: Receive and File; Adopt Resolution n� Ayes Resnick Braig Buol Connors ( Lynch 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 /0/ Approving a Development Agreement with Nottingham Properties, LLC for the property located at 485 Locust Street Suggested Disposition: Receive and File; Adopt Resolution Nays Ay s Nays ,� Resnick / Braig Buol .f$ onnors ones Lynch 10 °I 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 /a Approving plans, specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 3 Project Suggested Disposition: Rec e and File; Adopt Resolution 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 from 21 to 32 Street and City Manager recommending approval. RESOLUTION / & Approving plans, specifications, form of contract, and estimated cost for the Central Avenue HMA Resurfacing Project from 21 to 32 Street Suggested Disposition: Receive and File; Adopt Resolution y es Nays Resnick ;) Braig _ Buol Connors ` Jones / Lynch 11 esnick raig Buol Connors ones Lynch Nays l jo 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 / Q ' / 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 ye �� Resnick / Braig ✓/ Buol % Connors Jones �> Lynch REINSTATE THE RULES This action limits discussion to the City Council. Ayes 17 Resnick a g Buol Connors Jones Lynch 12 Nays 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. Fourth Ward Appointment City Council appointment of the Fourth Ward representative. RESOLUTION /05 Filling the vacancy in the office of City Council Member for the Fourth Ward Suggested Disposition: Receive and File; Adopt Resolution 13 Resnick Braig Buol Connors Jones Lynch Anderson Brady Honda Kohlmann Mclntee ---4 Neuhaus Pfab Rogaskie Ropa Rubinstein Stewart Sutton t/ / , ,/ Wand Winterwood Wirth Witthoeft 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 /05 Filling the vacancy in the office of City Council Member for the Fourth Ward Suggested Disposition: Receive and File; Adopt Resolution 13 14 Resnick Braig Buol Connors Jones Lynch Anderson Brady Honda Kohlmann Mclntee Neuhaus Pfab Rogaskie Ropa Rubinstein Stewart Sutton Wand Winterwood Wirth Witthoeft 14 Resnick Braig Buol Connors Jones Lynch Anderson Brady Honda Kohlmann Mclntee Neuhaus Pfab Rogaskie Ropa Rubinstein Stewart Sutton Wand Winterwood Wirth Witthoeft 14 15 Resnick Braig Buol Connors Jones Lynch Anderson Brady Honda Kohlmann Mclntee Neuhaus Pfab Rogaskie Ropa Rubinstein Stewart Sutton Wand Winterwood Wirth Witthoeft 15 Resnick Braig Buol Connors Jones Lynch Anderson Brady Honda Kohlmann Mclntee Neuhaus Pfab Rogaskie Ropa Rubinstein Stewart Sutton Wand Winterwood Wirth Witthoeft 15 16 Resnick Braig Buol Connors Jones Lynch Anderson Brady Honda Kohlmann McIntee Neuhaus Pfab Rogaskie Ropa Rubinstein Stewart Sutton Wand Winterwood Wirth Witthoeft 16 Resnick Braig Buol Connors Jones Lynch Anderson Brady Honda Kohlmann McIntee Neuhaus Pfab Rogaskie Ropa Rubinstein Stewart Sutton Wand Winterwood Wirth Witthoeft 16 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 D' position: Receive and File; Approve Ayes / Resnick raig Buol &Connors 'Jones Lynch 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 yes Resnick ,/� a raig 1 Buol Connors i�ones Lynch 17 /, Nays Nays 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 /0 '' 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 18 Resnick Braig Buol Connors Jones Lynch Resnick Braig Buol Connors Jones Lynch re',/ Nays Nays g tiP C � ti 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 Suspend the Readings Ayes Nays Aye / esnick , Resnick ,1 Braig / " raig Buol Buol Connors ( � 9onnors / / / Jones ( / ✓ ones Lynch Lynch 9 yes / Resnick / ( Braig i Buol onnors Jones Lynch Nays Final Reading and Adopt Nayes 09' � F Py b hA u oi Pa' . if? d ii� ti ) tv Motion to adjourn at . 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 Motion to go into Closed Session at 20 Ayes Resnick Braig Buol Connors Jones Lynch s Resnick Braig Buol onnors Jones /Lynch Nays Nays � .mac adf,z(td_,ef,i e.47ry/: /7z7 - ‘e,a E-6Az Q � �� a �� lc