7 5 11 City Council Agenda without Icons
ROLL CALL ORDER
FOR MEETING OF
JULY 5, 2011
CONNORS
JONES
LYNCH
RESNICK
SUTTON
BRAIG
BUOL
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
TUESDAY, JULY 5, 2011
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HISTORIC FEDERAL BUILDING, 350 W. 6 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
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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
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and 324 East 24 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
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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
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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.
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Cullen & Sons, Inc., for the landscaping related to the 10 and Central parking ramp
project.
Suggested Disposition: Receive and File
16. Liquor License Transfer
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Application of the Rotary Club of Dubuque to transfer their liquor license from 135 W. 8
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)
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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)
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Mitzi Krey, 423 W. 3 Street. (Cathedral District resident)
(Additional Applicant)
Joseph Rapp, 27 Locust Street (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
Additional Applicant
John Anderson-Bricker, 903 Merz Street
Additional Applicant
David Cochran, 1200 Glen Oak Street
Additional Applicant
Jenny Leigh Harris, 3560 Pennsylvania Avenue, #7
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)
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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:
Additional Applicant
Ron Tigges, 4927 Wild Flower Drive
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:
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George Herrig, 2395 W. 32 Street
Additional applicant
Sr. Carol Hoverman, 1555 White Street
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
Additional applicant
Eugene Bird, Jr., 3357 Arrowwood Lane
Thomas Henschel, 6630 Wellington Lane
Additional applicant
Ron Smith, 1640 Justin Lane
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.
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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
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
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;
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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
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)
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.
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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
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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
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