11 21 11 City Council Agenda with Supporting Documents
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
NOVEMBER 21, 2011,
HISTORIC FEDERAL BUILDING
350 W. 6TH STREET, DUBUQUE, IOWA
Council meetings are video streamed live and archived at
www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at Channel 8 (analog) and 97.2 (digital).
WORK SESSION – 5:00 PM
Family Self-Sufficiency Program
REGULAR
SESSION – 6:30 PM
PLEDGE OF ALLEGIANCE
INVOCATION
Major Tom Mason, Salvation Army
PRESENTATION
Mayor Buol to present the Individual-Career Award from the Iowa Emergency Medical Services
Association (IEMSA) to Fire Captain Roger Wernimont
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and are 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
Airport Commission of 9/12, Cable Teleprogramming Commission 9/6, City Council Proceedings of 11/7; Historic
Preservation Commission Education Task Force of 11/2, Housing Code Appeals Board of 7/19, Housing Commission of 9/27, Park and Recreation Commission of 10/11, Zoning Advisory Commission
of 11/2, Zoning Board of Adjustment of 10/27
Library Board of Trustees Update from Meeting of October 27, 2011
Suggested Disposition: Receive and File
2. Notice of Claims/Suits
Jason
Duggan for vehicle damage, Christina Forsythe for vehicle damage, Roger Ruh for vehicle damage, Betty Tigges for property 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: Jason Duggan
for vehicle damage, Kenneth Miller for vehicle damage, Christina Forsythe for vehicle damage.
Suggested Disposition: Receive and File; Concur
3. Wingate Place Subdivision – Acceptance of Improvements
City Manager recommending acceptance of the public improvements that the developers, GNZ Properties, Inc., Larry A. Miller and
Delbert G. Miller, have recently completed in Wingate Place No. 3 and Wingate Place No. 4
RESOLUTION Accepting public improvements in Wingate Place No. 3 and Wingate Place No. 4
Suggested
Disposition: Receive and File; Adopt Resolution
4. Water Pollution Control Plant Construction Camera Documentation Services
City Manager recommending selection of Multivista
to provide construction camera documentation services for the Water Pollution Control Plant Modifications Project for a proposed fee of $65,985, and approval to negotiate and enter into
an agreement with Multivista.
Suggested Disposition: Receive and File; Approve
5. H1B Technical Skills Training Grant – Letter of Support
City Manager transmitting correspondence
in support of Skill Up: Up-skilling IT in Iowa & Wisconsin proposal submitted by Northeast Iowa Community College in response to the H1B Technical Skills Training Grants program.
Suggested
Disposition: Receive and File; Approve
6. ABC Supply – Amendment to Lease Agreement
City Manager recommending approval of the First Amendment to the lease agreement with American
Builders and Contractor’s Supply Company, Inc. (ABC Supply).
RESOLUTION Approving a First Amendment to the lease agreement between the City of Dubuque, Iowa, and American Builders and
Contractor’s Supply Co., Inc. (ABC Supply)
Suggested Disposition: Receive and File; Adopt Resolution
7. Voluntary Dental Plan – Acceptance of Renewal Rates
City Manager recommending approval of the premiums for the dental plan, which are paid by the employee.
Suggested Disposition:
Receive and File; Approve
8. Delinquent Water, Sewer, Storm Water, and Refuse Assessments
City Manager recommending approval to certify delinquent water, sewer, storm water and
refuse charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges.
RESOLUTION Adopting the Schedule of Assessments for delinquent
water, sewer, refuse and stormwater accounts and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof
Suggested Disposition:
Receive and File; Adopt Resolution
9. Drug Abuse Resistance Education (DARE)
City Manager recommending approval of the 2011/2012 Drug Abuse Resistance Education (DARE) agreement
between the City of Dubuque Police Department and the Dubuque Community School District.
Suggested Disposition: Receive and File; Approve
10. Plat of Survey – J.J. Kemp Place
Zoning
Advisory Commission recommending approval of the Plat of Survey of J.J. Kemp Place (508 Hill Street) as requested by James R. and Jo A. Edwards.
RESOLUTION Approving the Plat of Survey
of J.J. Kemp Place in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
11. Plat of Survey – McNamer Acres #3
Zoning Advisory Commission recommending approval of the Plat of Survey of McNamer
Acres #3 (west end of Manson Road) as requested by Marty McNamer.
RESOLUTION Approving the Plat of Survey of McNamer Acres #3 in the City of Dubuque, Iowa
Suggested Disposition: Receive
and File; Adopt Resolution
12. Final Plat – Knepper Addition
Zoning Advisory Commission recommending approval of the Final Plat of Knepper Addition (1834 Creek Wood Drive) as
requested by Buesing & Associates.
RESOLUTION Approving the Final Plat of Knepper Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
13. Mines
of Spain – Resource Enhancement and Protection (REAP) Grant
City Manager recommending approval of the Resource Enhancement and Protection (REAP) grant agreement with the Iowa Department
of Natural Resources for $200,000 in funds to be used toward acquisition of 52.19 acres adjacent to the E.B. Lyons Interpretive Center and the Mines of Spain State Recreation Area.
Suggested
Disposition: Receive and File; Approve
14. Smart Planning Consortium Update
City Manager transmitting an update on the October 5, October 26, and November 9, 2011 Smart Planning
Consortium Meetings. Minutes of the October 5 and October 26,
2011 meetings, Housing Goals and Objectives, and Smart Planning Public Input Meeting schedule are also provided.
Suggested Disposition: Receive and File
15. Demolition of Flood-Damaged
Properties
City Manager recommending approval of a contract with ECIA which utilizes FEMA Public Assistance funds for administration, fencing and demolition costs associated with the
flood damaged properties at 1580 Old Mill Road, 1658 Manson Road and 1654 Manson Road.
Suggested Disposition: Receive and File; Approve
16. Iowa League of Cities – Audit Committee
City
Manager submitting that Finance Director Ken TeKippe will be serving on the Iowa League of Cities’ Audit Committee.
Suggested Disposition: Receive and File; Approve
17. 2011 Sewer
Cured-in-Place Pipe (CIPP) Lining Project
City Manager recommending acceptance of the construction contract for the 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project as completed
by Visu-Sewer, Inc., in the final contract amount of $94,363.75.
RESOLUTION Accepting the 2011 Sewer Cured-in-Place Pipe (CIPP) Lining Project and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution
18. Dubuque Audubon Society – Letter of Support
City Manager transmitting correspondence from the Dubuque Audubon Society in support of the proposed Overlooks and Floating Island enhancements
for the Lower Bee Branch Creek Restoration Project.
Suggested Disposition: Receive and File
19. Cottingham & Butler, Inc., Amendments to CEBA and Enterprise Zone Agreements
City
Manager recommending amendments to the CEBA and Enterprise Zone Agreements for Cottingham & Butler, Inc.
RESOLUTION Authorizing the Approval of an amendment to the CEBA and Enterprise
Zone Agreements with Cottingham & Butler, Inc.
Suggested Disposition: Receive and File; Adopt Resolution
20. Mediacom Communications
Communication from Lee Grassley, Senior Manager
of Government Relations for Mediacom Communications Company, informing the City of rate adjustments.
Suggested Disposition: Receive and File
21. Creek Wood Park – Alliant Energy
Grant Application
City Manager recommending approval to apply for an Alliant Energy Foundation grant for development of Creek Wood Park.
Suggested Disposition: Receive and File; Approve
22. Bee Branch Creek Restoration Project – Acquisition of Lot 351
City Manager recommending the acquisition of the W ½ and E ½ Lot 351 East Dubuque Addition (Junnie & Rich’s Coin Partnership)
through the process of eminent domain at the appraised value of $66,950 for the Bee Branch Creek Restoration Project.
RESOLUTION Authorizing the acquisition by eminent domain of certain
real property owned by Junnie & Rich’s Coin Partnership in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution
23. Property Acquisition of Excess
County Parcels
City Manager recommending acquisition of five excess parcels that the Dubuque County Treasurer is disposing of.
Suggested Disposition: Receive and File; Approve
24. Abstract
of Votes
Dubuque County Board of Supervisors submitting the Abstract of Votes for the General Election held the 8th day of November, 2011.
Suggested Disposition: Receive and File;
Approve
25. Signed Contracts
A) Contract with Mark Fondell Excavating, Inc., for demolition of 2263 and 2275 Elm Street; B) 2011-2012 Americorps Grant Application; C) IBM FOAK Agreement
Change Request Form
Suggested Disposition: Receive and File
26. Liquor License Applications
City Manager recommending approval of annual liquor license renewals as submitted.
RESOLUTION Granting the issuance of a Class “C” Beer/Liquor License
to Double Shot, Bridge Restaurant; a Class “C” Liquor License to Cookin’ Something Up; a Class “B” Wine License to Sam’s Club #4973, Iowa Street Market; a Class “WBN” Native Wine License
to Kwik Stop Food Market, Plaza 20 BP/Amoco, Freddie’s Popcorn Co.
RESOLUTION Granting the issuance of a Class “C” Beer Permit to Iowa Street Market, Kwik Stop Food Mart, Plaza 20 BP/Amoco,
Sam’s Club #4973
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. General Obligation Bonds
City Manager recommending setting a public hearing for December 5, 2011 on the proposition of selling not to exceed $9,000,000 in General
Obligation Bonds for essential corporate purposes.
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $9,000,000 General Obligation Bonds (for
essential corporate purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
12/5/11
2. General Obligation Urban Renewal Bonds
City Manager recommending setting a public hearing for December 5, 2011 on the proposition of selling not to exceed $5,000,000
in General Obligation Urban Renewal Bonds for Greater Downtown Improvements.
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $5,000,000 General
Obligation Bonds (for urban renewal purposes) of the City of Dubuque, Iowa, and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolutions;
Public Hearing 12/5/11
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions:
Environmental Stewardship Advisory Commission
One 3-year term through October 1, 2014 (expired term of Cawley)
Applicant:
Wayne Klostermann, 2636 Queen Street
Julie Beck, 1390 Glen Oak Additional Applicant
Human Rights Commission
One 3-year term through January 1, 2014 (vacant term of Gloss)
Applicants:
Nickie
Blume, 2523 Washington Street
Miquel Jackson, 631 University Avenue
This commission is subject to the State of Iowa Gender Balance Law effective January 2, 2012.
Zoning Advisory Commission
One
3-year term through July 1, 2013 (vacant term of Stiles)
Applicant:
Eugene Bird, Jr., 3357 Arrowwood Lane
This commission is subject to the State of Iowa Gender Balance Law effective
January 2, 2012. The vacancy has been posted for 90 days.
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. Request to Amend Planned Unit Development – Asbury Plaza
Zoning Advisory Commission recommending approval to amend the Asbury Plaza Planned Unit Development
to allow for a right-in/right-out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations.
City Manager recommending additional amendments
to the Asbury Plaza Planned Unit Development.
Correspondence from O'Connor & Thomas on behalf of the developers requesting that the request to amend the Planned Unit Development for
Asbury Plaza be tabled to December 19, 2011.
ORDINANCE
As recommended by the Zoning Advisory Commission OR as recommended by the City Manager
Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code by rescinding Ordinances 4-96, 44-99, 97-02, 41-03, 51-05 and 65-06, which established regulations for Asbury Plaza, a planned unit development
with a Planned Commercial Designation, located at the northwest corner of Highway 32 and Asbury Road and now being amended to allow vehicle sales and vehicle service or repair as permitted
uses and amend regulations for signage and building height
Suggested Disposition: Receive and File; Suspend the Rules and Conduct Public Hearing, Motion B, Motion A; or Table to December
19, 2011
SUSPEND THE RULES
2. Request to Rezone – 2155 Rockdale Road
Zoning Advisory Commission recommending approval to rezone property located at 2155 Rockdale
Road from R-3 Moderate Density Multi-Family Residential District t0 C-3
General Commercial District as requested by Joe Zwack, Triple J Land Co. LLC / Daryl Biechler, DSD Properties.
Citizen petition in opposition to the proposed rezoning.
Citizen petitions
in support of the proposed rezoning.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code by reclassifying hereinafter described property
located at 2155 Rockdale Road from R-3 Moderate Density Multi-Family Residential District to C-3 General Commercial District
Suggested Disposition: Receive and File; Motion B, Motion
A (Super Majority)
3. Grand River Center – Exhibit Hall Carpet Replacement
Proof of publication on notice of public hearing to consider approval of the plans and specifications
for the Grand River Center Exhibit Hall Carpet Replacement Project and the City Manager recommending approval.
RESOLUTION approving the plans, specifications, form of contract, and
estimated cost for the Grand River Center Exhibit Hall Carpet Replacement Project
Suggested Disposition: Receive and File; Adopt Resolution
Material from November 7, 2011 Meeting.
4. Old Main Urban Revitalization Area Plan
Proof of publication on notice of public hearing to consider an amendment to the Old Main Urban Revitalization Area Plan and the City
Manager recommending approval.
Correspondence from the Long Range Planning Commission recommending approval of the Old Main Urban Revitalization Area Plan and finding that it is consistent with the 2008 Dubuque Comprehensive
Plan
Ordinance Amending the existing Old Main Urban Revitalization Area Plan pursuant to Chapter 404 of the Code of Iowa
Suggested Disposition: Receive and File; Motion B, Motion
A
Material from November 7, 2011 Meeting
5. University of Dubuque Geothermal Line – Bennett Street Easement
Proof of publication on notice of public hearing to consider
granting an easement across Bennett Street to accommodate the geothermal system for the University of Dubuque Performing Arts Center and the City Manager recommending approval.
RESOLUTION
Granting easement for private utility to University of Dubuque for an underlying portion of Bennett Street.
Suggested Disposition: Receive and File; Adopt Resolution
Material
from November 7, 2011 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. Multicultural Family Center – 2010-2011
Annual Report
Multicultural Family Center Director Tara Valez and Board President Gil Spence, to present the Center’s 2010-2011 Annual Report.
Suggested Disposition: Receive and File
2. Urban
Mobility Coordinator
Director of Transit Operations Barbara Morck will introduce Urban Mobility Coordinator Michelle Huseman.
Suggested Disposition: Receive and File
3. Neighborhood
Watch Program – Safe Community Task Force Recommendation
City Manager transmitting information regarding the Neighborhood Watch Program as recommended by the Safe Community Task Force.
Suggested
Disposition: Receive and File
4. City Hall HVAC Improvements Project
City Manager recommending award of the contract to the low bidder, Tri-Con Construction, in the amount of $684,323,
which includes the base bid for $669,451 and Alternates 2 and 4.
RESOLUTION Awarding the public improvement contract for the City Hall HVAC System Improvements Project
Suggested Disposition:
Receive and File; Adopt Resolution
5. Request for Proposal - Automated Red Light and Speed Camera Enforcement Program
City Manager recommending implementation of a Red Light and speed Camera Enforcement Program and the
issuance of a Request for Proposals to select a vendor.
Suggested Disposition: Receive and File; Approve
6. Family Self-Sufficiency – Program Coordinator
City Manager recommending
funding of $26,853 be provided in the current fiscal year to continue the second Family Self-Sufficiency Coordinator position.
Suggested Disposition: Receive and File; Approve
7. Central
Avenue – Two-Hour Parking
City Manager recommending approval of an ordinance to remove the two-hour parking on the east side of Central Avenue from East 24th Street to a point approximately
225 ft. south of East 24th Street.
ORDINANCE Amending section 9-14-321.602(C) of the Code of Ordinances of the City of Dubuque, Iowa, providing for two-hour parking by deleting certain
portions of Central Avenue
Suggested Disposition: Receive and File; Motion B, Motion A
8. Proposed Contract with Nancy Richardson
City Manager recommending the City enter into
an agreement with Former Iowa Department of Transportation Director Nancy Richardson to provide advocacy services related to federal transportation policy and funding.
Suggested Disposition:
Receive and File; Approve
9. Request for Work Session – Intermodal Center Design Concepts
City Manager requesting scheduling a work session on the Intermodal Center design concepts as soon as a date is available,
but no later than December 10, 2011.
Suggested Disposition: Receive and File; Council
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.
Kevin S. Firnstahl
City Clerk