7 5 11 City Council Agenda with Supporting Documents
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
TUESDAY, JULY 5, 2011
HISTORIC FEDERAL BUILDING, 350 W. 6TH STREET
5:00 PM – WORK SESSION
GREEN DUBUQUE AND GREENHOUSE GAS EMISSIONS PLAN
6:30 PM – REGULAR MEETING
PLEDGE OF ALLEGIANCE
INVOCATION
Pastor Peter Marshall, Dubuque Bible Church
PRESENTATIONS
Transit Manager Barbara Morck presenting the
Most Improved Transit System 2010 award
from the Iowa Department of Transportation
and the
Award of Excellence – Highest Percentage Decrease in Cost Per Ride
from the Federal Transit Administration
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 5/24; City Council Proceedings of 6/20 and 6/27; Transit Advisory Board of 6/9
Proof of Publication for City Council Proceedings for Meeting of June 6, 2011
Official Proceedings of the City Council for Calendar Year 2010
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Camille Blackburn for vehicle damage; Geraldine Hayes for property damage; Elizabeth Kabelis for vehicle damage; Mike and Cindy Paradiso for property damage; Jeff Powers for vehicle
damage; State Farm Insurance on behalf of Shawn Troester and Miriah Roath 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: Ed Biederman for vehicle
damage; Patrick Donavan for property and vehicle damage; Elizabeth Kabelis for vehicle damage; Trista Kuhl for property damage; Mike and Cindy Paradiso for property damage; Jeff Powers
for vehicle damage; Wanda Schaller for personal injury
Suggested Disposition: Receive and File; Concur
3. Citizen Communication
Communication from Ronald Kenneth Nelson stating that he believes police officers are unjustly citing motorcyclists and that the City consider using setting specific decibel readings
regarding noise limits as they relate to the City’s noise ordinance.
Suggested Disposition: Receive and File; Refer to the City Manager
4. Fiscal Year 2012 Community Development Block Grant (CDBG) Agreement
City Manager recommending authorization of a Community Development Block Grant (CDBG) agreement with the U.S. Department of Housing and Urban Development (HUD) in the amount of $1,126,998
for the program year beginning July 1, 2011 and ending June 30, 2012.
RESOLUTION Authorizing Execution of a Community Development Block Grant Agreement with the U.S. Department of Housing and Urban Development
Suggested Disposition: Receive and File; Adopt Resolution
5. Iowa 32 Geometric and Signalization Improvements – US 20 to John F. Kennedy Road
City Manager recommending acceptance of the Iowa 32 Geometric and Signalization Improvements – US 20 to John F. Kennedy Road project as completed by Portzen Construction, Inc., in the
final contract amount of $669,133,27.
RESOLUTION Accepting the IA 32 Geometric and Signalization Improvements Project, U.S. 20 to John F. Kennedy Road (Iowa DOT Project No. STP-A-32-1(29)--86-31), and authorizing the payment
of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
6. Quibby, LLC – Housing Enterprise Zone Program
City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Quibby, LLC for redevelopment
of property located at 1132 and 1134 Locust Street.
RESOLUTION Approving a Housing Enterprise Zone Program agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Quibby, LLC
Suggested Disposition: Receive and File; Adopt Resolution
7. DuRide – Fiscal Year 2012 Agreement
City Manager recommending approval of an agreement with DuRide for Fiscal Year 2012 (July 1, 2011 to June 30, 2012) providing for transportation services to seniors in and around Dubuque
and East Dubuque.
Suggested Disposition: Receive and File; Approve
8. Plat of Survey – Bee Branch Subdivision No. 1
City Manager recommending approval of the Plat of Survey for Lot 1 and Lot 2 of Bee Branch Subdivision No. 1, (2300 Washington Street), which will allow the homes at 320 and 324 East
24th Street to be moved onto the new lots.
RESOLUTION Approving Plat of Survey of Lot 1 and Lot 2 of Bee Branch Subdivision No. 1 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
9. Workers’ Compensation Excess Insurance Renewal
City Manager recommending Safety National as the City’s excess workers’ compensation carried effective July 1, 2011 through June 30, 2012, and further recommending approval of the renewal
rate of $.138 per $100 of payroll submitted by Safety National.
Suggested Disposition: Receive and File; Approve
10. 2011 Community Development Block Grant Ramp Installation
City Manager recommending award of the 2011 Community Development Block Grant (CDBG) Access Ramp Installation Project to Skyline Trucking & Storage, Inc., in the amount of $30,767.00
for the replacement of twenty-one (21) access ramps at various locations within the City.
Suggested Disposition: Receive and File; Approve
11. 2010 Community Fluoridation Reaffirmation Award
City Manager transmitting a communication from the Iowa Department of Health (IDPH) congratulating the City on receiving the 2010 Community Fluoridation Reaffirmation Award from the
Association of State and Territorial Dental Directors (ASTDD), the American Dental Association (ADA), and the Centers for Disease Control and Prevention (CDC).
Suggested Disposition: Receive and File
12. Mediacom
Communication from Lee Grassley, Senior Manager for Government Relations, Mediacom Communications Corporation, informing the City of cable television programming changes.
Suggested Disposition: Receive and File
13. State Historical Society of Iowa (SHSI)
City Manager transmitting a press release from the State Historical Society of Iowa (SHSI) announcing that the Hotel Julien is the recipient of the SHSI’s William J. Wagner Award for
recognition of a historic preservation project which best exemplified the use of the U.S. Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings.
Suggested Disposition: Receive and File
14. Sustainable Dubuque Project Status Report
City Manager transmitting the Sustainable Dubuque Project Status Report for the month of June 2011.
Suggested Disposition: Receive and File
15. Signed Contracts
1) Contract with Digital Designs for the layout, production and installation of the new Jule logos and advertising on City bus exteriors; 2) Change Order #PS-08 with J.P. Cullen & Sons,
Inc., for the landscaping related to the 10th and Central parking ramp project.
Suggested Disposition: Receive and File
16. Liquor License Transfer
Application of the Rotary Club of Dubuque to transfer their liquor license from 135 W. 8th Street to the Alliant Amphitheater, Port of Dubuque, on July 30, 2011 for the Rock and Soul
Reunion.
Suggested Disposition: Receive and File; Approve
17. Business License Applications
City Manager recommending approval of annual liquor license and cigarette permit renewals as submitted.
RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License to Applebee’s Neighborhood Bar/Grill; Adobo’s Mexican Grill; Off Minor, Rondavoo, Easy street; a special Class “C”
Liquor License to Bell Tower Productions; A Special Class “C” Liquor License to Irish Hooley; and a Class “WBN” Native Wine Permit to Hancock House Bend and Breakfast Inn
RESOLUTION Granting the issuance of a Class “B” Beer Permit (5-Day License) to Dubuque All That Jazz (August/September)
RESOLUTION Granting the issuance of a cigarette permit to Eagle Country Market, Hammerheads Bar & Billiards, Lucky 13, Mystique Casino, and the Walnut Tap
Suggested Disposition: Receive and File; Adopt Resolutions
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.
Human Rights Commission
One 3-year term through January 1, 2013 (Vacant term of Davis)
Applicant:
Nickie Blume, 2523 Washington Street.
Transit Advisory Board
Three 3-year terms through July 30, 2014 (expiring terms of Enderson, Lightcap, and Stewart)
Applicants:
George Enderson, 511 St. George Street
Joel Lightcap, 1985 Alta Vista Street
R.R.S. Stewart, 460 Summit Street
Appointments to the following commission to be made at this meeting.
Historic Preservation Commission
Three 3-year terms through July 1, 2014 At-Large/Architect, Langworthy, Old Main and Cathedral Historic Preservation Districts requirements (Expiring terms of Klavitter, Rapp and Wand;
One 3-year term through July 1, 2012 (Vacant term of Stover)
Applicants:
David Klavitter, 1090 West Third Street (Langworthy District resident)
Mitzi Krey, 423 W. 3rd Street. (Cathedral District resident)
Joseph Rapp, 27 Locust Street (Additional Applicant) (Old Main Interim)
Christopher Wand, 942 Mt. Pleasant Street (At-Large/Architect)
This commission is subject to the State of Iowa Gender Balance Law effective January 1, 2012.
Investment Oversight Advisory Commission
One 3-year term through July 1, 2014 (Expiring term of Blocker)
Applicant:
Paul Lassance, 4846 Embassy Court
Library Board of Trustees (Mayor Appointment)
Four 4-year, re-staggered terms: two terms through July 1, 2012 and two terms through July 1, 2015 (Expiring terms of Connors and Hammer; and expiring/vacant terms of Leeper and Smith)
Applicants:
Paula Connors, 818 S. Grandview Avenue Recommended term of 7/1/12
David Hammer, 720 Laurel Street Recommended term of 7/1/15
Two recommended terms through 7/1/12 and 7/1/15
John Anderson-Bricker, 903 Merz Street Additional Applicant
David Cochran, 1200 Glen Oak Street Additional Applicant
Jenny Leigh Harris, 3560 Pennsylvania Avenue, #7 Additional Applicant
This commission is subject to the State of Iowa Gender Balance Law effective January 1, 2012.
Long Range Planning Advisory Commission
Two 3-year terms through July 1, 2014 (Expiring terms of Van Iten and Vincent)
Applicants:
Richard Van Iten, 3273 Bittersweet Lane
Alan Vincent, 1010 Dunham Drive
Park and Recreation Advisory Commission
Three 3-year terms through June 30, 2014 (Expiring term of Nadeau, vacant terms of Blocklinger and Noble)
Applicants:
Chuck Harris, 2473 Jackson Street
Kenneth Klinge, 2267 Carter Road
Evelyn Nadeau, 663 Fenelon Place
TV Cable Regulatory Commission
Two 3-year term through June 30, 2014 (Expiring terms of Tigges and Webster)
Applicant:
Ron Tigges, 4927 Wild Flower Drive Additional Applicant
Walt Webster, 3509 Asbury Road
TV Cable Community Teleprogramming Commission
Three 3-year terms through June 30, 2014 (Expiring terms of Herrig, Hoverman, and Maloney)
Applicants:
George Herrig, 2395 W. 32nd Street
Sr. Carol Hoverman, 1555 White Street Additional applicant
Pauline Maloney, 506 St. George Street
Zoning Advisory Commission
Three 3-year terms through July 1, 2014 (Expiring Terms of Christ, Henschel and Smith)
Applicants:
Martha Christ, 88 Princeton Place
Eugene Bird, Jr., 3357 Arrowwood Lane Additional applicant
Thomas Henschel, 6630 Wellington Lane
Ron Smith, 1640 Justin Lane Additional applicant
This commission is subject to the State of Iowa Gender Balance Law effective January 1, 2012.
SUSPEND THE RULES
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.
1. Dubuque Industrial Center – Planned Unit Development District (Tabled on December 20, 2010):
City Manager requesting that this item be tabled to July 3, 2012.
Proof of publication on notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend the Planned Unit Development (PUD) for the Dubuque Industrial Center,
located on Chavenelle Road and the Northwest Arterial, to change the designation of property from open space to commercial and Zoning Advisory Commission recommending approval, with
conditions.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Dubuque Industrial Center
Phases I and II located at the southwest corner of Highway 32 (Northwest Arterial) and Chavenelle Road and by repealing Ordinance 22-07
Suggested Disposition: Remove from Table; Receive and File; Table to July 3, 2012
Material from September 15, 2008 City Council Meeting
2. Port of Dubuque Marina – Bid Package No 2 Amenities Building
Proof of publication on notice of public hearing to consider the plans, specifications, form of contact and estimated cost of $1,982,300 for the Port of Dubuque Marina Bid Package No.
2 – Amenities Building and the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Port of Dubuque Marina Project, Bid Package No. 2 – Amenities Building & Site Work
Suggested Disposition: Receive and File; Adopt Resolution
Material from June 20, 2011 City Council Meeting
3. General Obligation Urban Renewal Bonds
Proof of publication on notice of public hearing to consider the issuance of not to exceed $1,265,000 General Obligation Urban Renewal Bonds for Dubuque Industrial Center West Improvements
and Downtown Improvements and the City Manager recommending approval.
RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $1,265,000 General Obligation Bonds
Suggested Disposition: Receive and File; Adopt Resolution
Material from June 20, 2011 City Council Meeting
4. General Obligation Bonds – Essential Corporate Purposes
Proof of publication on notice of public hearing to consider the issuance of not to exceed $7,035,000 General Obligation Bonds for Essential Corporate Purposes and the City Manager recommending
approval.
RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $7,035,000 General Obligation Bonds
Suggested Disposition: Receive and File; Adopt Resolution;
Material from June 20, 2011 City Council Meeting
5. General Obligation Bonds – Nonessential Corporate Purposes
Proof of publication on notice of public hearing to consider the issuance of not to exceed $700,000 General Obligation Bonds for nonessential corporate purposes and the City Manager
recommending approval.
RESOLUTION Instituting proceedings to take additional action for the authorization and issuance of not to exceed $700,000 General Obligation Bonds
Suggested Disposition: Receive and File; Adopt Resolution
Material from June 20, 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. Request to Rezone – 3087 Central Avenue - Second Reading (First Reading on June 20, 2011)
Consideration of a request from Jeff and Mindy Stiles to rezone property at 3087 Central Avenue from R-3 Moderate Density Multi-Family Residential District to R-4 Multi-Family Residential
District and the Zoning Advisory Commission and City Manager recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 3087 Central Avenue from R-3
Moderate Density Multi-Family Residential District to R-4 Multi-Family Residential District.
Suggested Disposition: Receive and File; Motion B; Motion A (Super Majority Vote Necessary)
Material from June 20, 2011 City Council Meeting.
2. Retail Plastic Bags
City Manager recommending a strategy to reduce the use of single-use plastic checkout bags by 90 percent in Dubuque by July 1, 2017.
Suggested Disposition: Receive and File; Approve
3. Kaufmann Avenue Hot Mix Asphalt (HMA) Resurfacing Project
City Manager recommending award of the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), to Top Grade Excavating, Inc., in the amount of $517,601.34, subject
to the Iowa Department of Transportation concurrence.
RESOLUTION Awarding public improvement contract for the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP-U-2100 (662)--70-31
Suggested Disposition: Receive and File; Adopt Resolution
4. Fiscal Year 2012 Special Project Arts and Cultural Affairs Program
Arts and Cultural Affairs Advisory Commission recommending approval of the Fiscal Year 2012 Arts and Cultural Grant Program for Special Projects and authorization for the City Manager
to sign the grant agreements.
Suggested Disposition: Receive and File; Approve
5. Federal Emergency Management Agency (FEMA)
City Manager transmitting an update on the adoption of the City’s new Digital Flood Insurance Rate Maps (DFIRM) as approved by the Federal Emergency Management Agency (FEMA), which become
effective October 18, 2011.
Suggested Disposition: Receive and File
6. Urban Forest Evaluation Study
City Manager recommending acceptance of the 2011 Urban Forest Evaluation Study prepared by Confluence and directing staff to prepare a comprehensive tree management plan and stand-alone
tree policy.
Suggested Disposition: Receive and File; Approve
Note: An electronic version of the complete evaluation document will be sent separately and is also available upon request from the City Clerk’s Office.
7. Water and Resource Recovery Center
City Manager recommending approval to negotiate a contract with Nutriject Systems, Inc., of Hudson, Iowa, for bio-solids management at the Water and Resource Recovery Center.
Suggested Disposition: Receive and File; Approve
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
Kevin S. Firnstahl
Acting City Clerk