3 19 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 3/19/2012
Jones, Lynch, Resnick, Sutton, Brag, Buol, Connors
CITY OF DUBUQUE,IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street, Dubuque
March 19, 2012
Council meetings are video streamed live and archived at
wwwcdvofdubuaue ora /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel (analog) and 97 2 (digital)
REGULAR SESSION
630 PM
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PRESENTATION(S)
1 Veterans' Memonal Plaza
Richard Goebel, President of the Board of Directors for the Veterans' Memorial Plaza to present the City Council with a photo in
gratitude for its support of the Veterans' Memorial Plaza
2 365 Impact Awards
Presentation of the 365 Impact Awardsfrom March 6, 2012 Overall Individual Public Information Officer Randy Gehl, Overall Idea
Millwork District Partners, Art Art on the Rwer, Family Music in Jackson Park
385 Imnad Avsrds -MW Memo 385 Imnact Avards Memo 385 1mnad A'Ae dsLid.
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 youwould liketo discuss one of the Consent Items, please go to the microphone
and be recognized by the Mayor and state the itemyou would like removedfromthe Consent Agenda for separate discussion and
consideration
1 Minutes and Reports Submitted
City Conference Board of 1/30, City Council Proceedings of 2/29, 3/5, and 3/7, Five Flags Civic Center Commission of 2/6/12, Historic
Preservation Commission of 3/7, Zoning Advisory Commission of 317
Proof of Publication for City Council Proceedings of 2120, 2/21, 2127, and 2129
Suggested Disposrtion Receive and File
City Conference Board Minutes 1/30/12 City Counal Minutes 2/29/1 2 City Council Minutes 3/5/1 2 City Counal Minutes 3/7/1 2 Five Flags,
Minutes 2/6/12 Historic Preservation Minutes 3/7/12 Zoning Advisory Minutes 3/7/12 P roof - Counal Proceedings 2/20/12 Proof - Council
Proceedings 2/21/12 Proof - Council Proceedings 2/27/12 Proof - Council P roceedings 2/29/12
2 Notice of Claims and Suits
Joshua Soffeli for properly damage, Archie Ralston for personal injury, Kathleen Sherman for property darnage
Suggested Disposrtion Receive and Fde Refer to City Attorney
Rnffell claim. Sfierman Clam Ralston claim
3 Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
CommunitiesAssurance Pool Joshua Bofelll for property damage, Archie Ralston for personal injury, Kathleen Sherman for property
damage
Suggested Disposition Receive and File; Concur
ICAP Claims,
4. Appeal of Claim
Correspondence from Gary and Shirley Jameson appealing the denial of their February 13, 2012 claim against the City of Dubuque for
property damage
Suggested Disposition: Receive and File; Refer to City Attorney
Jameson Claim Appeal Letter, Jameson Claim 2/13/12,
5. Collective Bargaining Agreement Amendment - Teamsters Local No. 120
City Manager recommending approval of an amendment to the Collective Bargaining Agreement with the Teamster Union to provide
for a work week that consists of ten hours per day and four days per week for the Airport Maintenanceworkers and Airport Mechanic
Suggested Disposition: Receive and File; Approve
Collective Bargaining - MVM Memo Collective Bargaining - Staff Memo, Collective Bargaining - Amendment,
6. Biosolids Management Agreement
City Manager is recommending that the City of Dubuque enter into an agreement with Nutn-Ject Systems, Inc of Hudson, IA for the
Water & Resource Recovery Center (W &RRC) Bio- Solids Management Program
Suggested Disposition: Receive and File; Approve
Biosolids Management Agreement -MVM Memo, Bio Solids Contract, Nutn Ject Contract
7. Third Annual Taste of the World
City Manager submitting information on the Third Annual Taste of the World, sponsored by the Multicultural Family Center to be held
Saturday, March 31, 2012 at Five Flags Center
Suggested Disposition: Receive and File
Taste of the World Flyer
8. Environmental Protection Agency Consent Decree Semi - Annual Report
City Manager submitting the Environmental Protection Agency (EPA) Consent Decree March 5, 2012, Semiannual Report
Suggested Disposition: Receive and File
EPA Consent Decree Semiannual Report -MVM Memo Staff Memo March 5, 2012 Semiannual Report
9. Fourth Street Parking Ramp Name Change
City Manager recommending re- naming the Fourth Street Parking Ramp to the Five Flags Ramp, which will provide an association
between the parking ramp and events held at Five Flags Center
Suggested Disposition: Receive and File; Approve
4th Street Ramp Name Change -MVM Memo, 4th St Ramp Name Change,
10. Dubuque Packing Company Memorial - Acceptance
City Manager recommending acceptance of the Dubuque Packing Company Memorial
RESOLUTION Accepting the Dubuque Packing Company Memorial and authorizing payment of the contract to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Dubuque Packing Co Memorial -MVM Memo Dubuque Packing Company Memorial - Staff Memo Dubuque Packing Company Memorial -
Resolution, Dubuque Packing Company Memorial - Exhibit,
11. Iowa Department of Transportation - Supplemental Agreement for Maintenance of Primary Roads
City Manager recommending approval of the Supplemental Agreement for Maintenance of Primary Roads in Municipalities
(Supplemental Agreement) between the Iowa Department of Transportation (Iowa DOT) and the City of Dubuque
Suggested Disposition: Receive and File; Approve
IDOT Supplemental Agreement Maintenance Pnmary Roads in Municipalities, Iowa DOT Supplemental Agreement - Roads Staff Memo, Iowa
DOT Supplemental Agreement - Roads, Agreement
12. Iowa Department of Transportation - Fiscal Year 2012 Supplemental Agreement for Traffic Signal Maintenance
City Manager recommending approval of the Supplemental Agreement for Maintenance of Primary Roads in Municipalities
(Supplemental Agreement) between the Iowa Department of Transportation (Iowa DOT) and the City of Dubuque (City) for the annual
maintenance of traffic signals and cabinets at US 52/61/151 at the intersection with Twin Valley Drive and Iowa 3 /US 52 at the
intersection of Iowa 32 (Northwest Arterial)
Suggested Disposition: Receive and File; Approve
IDOT Supplemental Agreement Maintenance Traffic Signals and Cabinets -MVM Memo, Iowa DOT Supplemental Agreement - Traffic, Staff
Memo Iowa DOT Supplemental Agreement- Traffic, Agreement
13. Growing Sustainable Communities - Conference Management Agreement
City Manager recommending approval of the attached agreement with Sustainable City Network, Inc for co- management of the 5th
Annual Growing Sustainable Communities Conference to be held October 2 -3, 2012
Suggested Disposition: Receive and File; Approve
Sustainable Dubuque and Smarter Sustainable Dubuque, Staff Memo , SCN Agreement,
14. Sustainable Dubuque Project Status Update
City Manager submitting the Sustainable Dubuque Project Status Update for February 2012
Suggested Disposition: Receive and File
February Sustainable Proiect Status Report-MVM Memo, SD Update - Staff Memo, SD February Report,
15. Request for Qualifications - Intermodal Center Construction Documents
City Manager recommending authorization for a Request for Qualifications to solicit consultant interest in Design Development,
Construction Documentation, and Construction Administration Services for the Dubuque Intermodal Campus
Suggested Disposition: Receive and File; Approve
Dubuque Intermodal Center RFQ -MVM Memo, Staff Memo, Intermodal Campus RFQ
16. Department of Energy Smart Grid Data Access Grant
City Manager recommending approval of an application to the Department of Energy Smart Grid Data Access Program in the amount
of $500,000
Suggested Disposition: Receive and File; Approve
Submission DOE Smart Grid Data Grant -MVM Memo Staff Memo Smarter Electricity Iowa application,
17. Delinquent Water, Sewer, Refuse and Stormwater Accounts
City Manager recommending authorization to certify the delinquent water, sewer, refuse and stormwater accounts 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(s)
Delinquent Water Sewer Refuse Stormwater Accounts -MVM Memo, Staff Memo , Delinquent Accounts - Resolution, List of Accounts ,
18. Iowa Watershed Project Letter of Interest
City Manager recommending approval of a Letter of Interest requesting that the Catfish Creek Watershed be included as an Iowa
Watershed Project and to authorize the Mayor to sign the Letter of Interest
Suggested Disposition: Receive and File; Approve
Iowa Watershed Protect Letter of Interest -MVM Memo Staff Memo Iowa Watershed Proiect - Letter of Interest, Request for Information - Iowa
Watershed Projects Iowa Watershed Protect - Map,
19. Alcohol Compliance Public Hearing - Cookin' Something Up
City Manager recommending that a public hearing be set for April 2, 2012, regarding the Alcohol Compliance Violation 2nd Offense for
Cookin' Something Up, 1640 JFK Road
Suggested Disposition: Receive and File; Approve
Cookin Something Up Heannq -MVM Memo, Police Memo, Order Setting Heannq Copv,
20. Alcohol Compliance Civil Penalty for Alcohol License Holders - Bluff Street Brew Haus
City Manager recommending approval of the Acknowledgment/Settlement Agreement for a first offense alcohol compliance violation
for the Bluff Street Brew Haus, 372 Bluff Street
Suggested Disposition: Receive and File; Approve
Bluff Street Brew Haus Settlement -MVM Memo, Police Memo, Settlement Agreement Copy,
21. Alcohol Compliance Civil Penalty for Alcohol License Holders - Steve's Ace Hardware
City Manager recommending approval of the Acknowledgment/Settlement Agreement for a first offense alcohol compliance violation
for Steve's Ace Hardware, 3350 JFK Road
Suggested Disposition: Receive and File; Approve
Steve's Ace Hardware Settlement Agreement -MVM Memo, Police Memo, Settlement Agreement Copy,
22. Alcohol Compliance Civil Penalty for Alcohol License Holders - Creslanes Bowling
City Manager recommending approval of the Acknowledgment/Settlement Agreement for a first offense alcohol compliance violation
for Creslanes Bowling, 255 So Main Street
Creslanes Bowling Settlement Agreement -MVM Memo Police Memo, Settlement Agreement Copy,
23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Days Inn /Spirits Bar and Grill
City Manager recommending approval of the Acknowledgment/Settlement Agreement for a first offense alcohol compliance violation
for Days Inn /Spirits Bar and Grill, 1111 Dodge Street
Suggested Disposition: Receive and File; Approve
Days Inn Spints Settlement - MVM Memo, Settlement Agreement Copy, Police Memo,
24. Alcohol Compliance Civil Penalty for Alcohol License Holders - Pizza Hut #4691
City Manager recommending approval of the Acknowledgment/Settlement Agreement for a first offense alcohol compliance violation
for Pizza Hut #4691, 320 East 20th Street
Suggested Disposition: Receive and File; Approve
Pizza Hut Settlement Agreement -MVM Memo, Police Memo, Settlement Agreement Copv,
25. Alcohol Compliance Civil Penalty for Alcohol License Holders - Freddie's Popcorn
City Manager recommending approval of the Acknowledgment/Settlement Agreement for a first offense alcohol compliance violation
for Freddie's Popcorn, 1086 Main Street
Suggested Disposition: Receive and File; Approve
Freddie's Popcom Settlement Agreement -MVM Memo, Police Memo Copv of Settlement Agreement
26. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as submitted
RESOLUTION Applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business
and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
Liquor License Renewals -MVM Memo, Police Memo, Alcohol Resolution,
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Dubuque Industrial Center South - 2012 Grading and Utilities Phase I
City Manager recommending initiation of the public bidding process for the Dubuque Industrial Center South Grading & Utilities - 2012
Project, Phase 1 and that a public hearing be set for April 2, 2012
RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing on
plans, specifications, form of contract, and estimated cost, and ordering the advertisement for bids (Dubuque Industrial Center South
Grading & Utilities - 2012 Project, Phase I)
Suggested Disposition: Receive and File; Adopt Resolution(s); Public Hearing 4/2112
Dubuque Industnal Center South -MVM Memo Dubuque Industnal Center South - Staff Memo Dubuque Industnal South Grading & Utilities -
Resolutions, Dubuque Industnal Center South - Notice to Bidders
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.
Cable TV Commission
1 three -year term through July 1, 2014 (last of 7 newly created positions)
Applicant
Ronald Tigges, 4927 Wildflower Drive
Appointments to be made at this meeting:
Civil Service Commission (Mayor appointment with Council concurrence)
1 three -year term through April 6, 2015 (Expiring term of Takes)
Applicant
Betty Takes 1245 Dunleith Court
This commission is subject to the State of Iowa Gender Balance Law
Proof of publication on 30 -day notice of list of applicants
Boards Overview Sheet, Boards Latest Listing Cable TV Applicants Civil Service Applicants, Proof- Civil Service Applicants, Gender Balance
- City Breakdown, Gender Balance Law, Gender Balance Q &A Sheet
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
1. Hunter Equity, LLC - Development Agreement
Proof of publication on notice of public hearing to consider approval of a Development Agreement with Hunter Equity, LLC for the sale
of 12 4 acres in Dubuque Industrial Center West and construction of an 80,000 square foot distribution center for Fed -Ex
RESOLUTION Approving a Development Agreement providing for the sale of 12 4 acres in the Dubuque Industrial Center West to
Hunter Equity, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
Disposition of Property to Hunter Equity -MVM Memo, Staff Memo, Resolution Hunter Equity Development Agreement, March 5 Agenda
Information, Proof of Publication - Hunter Equity,
2. Request to Amend ID Institutional District - Clarke University
Proof of publication on notice of public hearing to consider a request by Clarke University, 1550 Clarke Drive, to amend the ID
Institutional District to allow a science addition and new surface parking lot, and the Zoning Advisory Commission recommending
approval
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval
of an amended campus development plan for the Clerk University ID Institutional District to allow construction of a science addition and
associated parking lot at the intersection of Clarke Drive and Clarke Crest Drive
Suggested Disposition: Receive and File; Motion B; Motion A
ZAC letter to council, applicant matenals, Staff matenals Ordinance Suggested Motion
3. Request to Rezone - Middle Road and Seippel Road
Proof of publication on notice of public hearing to consider a request by Callahan Construction to rezone property located at the
southwest corner of Middle Road and Seippel Road from CS Commercial Service and Wholesale District to R -1 Single - Family
Residential District, R -2 Two Family Residential District, and R -3 Moderate Density Multi - Family Residential District and the 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 the southwest corner of Middle Road and Seippel Road from CS Commercial Service and Wholesale
District to R -1 Single - Family Residential District, R -2 Two - Family Residential District, and R -3 Moderate Density Multi- Family
Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
ZAC letter to council, application , Staff materials, Ordinance, Suggested Motion,
4. Voluntary Annexation- 10924 Key West Drive
Proof of publication on notice of public hearing to consider a request by Catherine C Christopherson for the voluntary annexation of
10924 Key West Drive and the City Manager recommending approval
RESOLUTION Approving application for voluntary annexation of territory to the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Christopher Annexation Request at Public Heannq -MVM Memo, Chnstopherson Annexation Request -MVM Memo, Staff Memo, Exhibits A & B,
Christopherson - Resolution, Proof of Publication - Chnstopherson
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. Project HOPE Update
Eric Dregne, Vice President of Programs for the Community Foundation of Greater Dubuque, to present an update on Project HOPE
Suggested Disposition: Receive and File
Proiect HOPE Update Letter Proiect HOPE Slide Presentation
2. Dubuque Police Department New Uniform Patch
Police Chief Mark Dalsing to present the Dubuque Police Departments new uniform patch
Suggested Disposition: Receive and File
New Dubuque Police Uniform Patch -MVM Memo, Staff Memo ,
3. Sunset Ridge Sidewalk Installation Waiver
Correspondence from Freund Law Firm, P C on behalf of Timothy and Kelly Sherman requesting a waiver of the requirement that a
sidewalk be installed at 720 Sunset Ridge
Suggested Disposition: Receive and File; Council
Freund - Sherman Request,
4. Preliminary Plat - Brickyard Estates
Zoning Advisory Commission recommending approval of the Preliminary Plat for Brickyard Estates (Southwest corner of Middle Road
and Seippel Road) as requested by Callahan Construction, Inc
Suggested Disposition: Receive and File; Approve
ZAC Letter to Council, Application Staff Matenals,
5. Code of Ordinances - Farmers' Market Amendment
City Manager recommending approval of an amendment to the ordinance that sets for the conditions for the outdoor Farmers' Market
around City Hall The ordinance showing the effects for amendment and a map of the proposed area expansion are enclosed
ORDINANCE Amending City of Dubuque Code of Ordinances Chapter 4 Central Market, Section 4 -4 -1 Market Area Delineated by
Extending the South Boundary of the Market Area, Section 4 -4 -2 Farmers' Market, Display of Merchandise by Providing for the Sale of
Goods Which have been Raised, Produced, Procured or Crafted by Local Vendors, and Section 4 -4 -6 Revocation of Permit by
Revoking Permits for Goods Sold that were not Raised, Produced, Procured or Crafted by Local Vendors
Suggested Disposition: Receive and File; Motion B; Motion A
Amendment to Farmers' Market Ordinance -MVM Memo, Laura Memo, Ordinance, Effects of Amendments, Map, Suggested Motion,
6. Retail Single -Use Plastic Bag Reporting
City Manager requesting approval of an Ordinance that will require retailers, based on size, to report their purchase and distribution of
plastic bags in order to measure community -wide progress towards the adopted goal of reducing single -use plastic bag use 90% by
2017 in Dubuque
ORDINANCE Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 2
Establishments and Hotel Sanitation, by Adopting a New Section 6 -2 -2 Single -Use Plastic Bag Reduction
Suggested Disposition: Receive and File; Motion B; Motion A
Single Use Plastic Baq Reduction Ordinance -MVM Memo Staff Memo 7 5 11 Reduction Recommendation Single Use Plastic Bag Reporting
Ordinance Suggested Motion
7. Dubuque Intermodal Center Phase II - TIGER IV Grant Application
City Manager recommending approval of a grant application for funding of Phase II for the Dubuque Intermodal Transportation Center
in the Historic Millwork District
RESOLUTION Endorsing the submission of a Tiger IV Grant application to the Federal Transit Administration (FTA) to fund Phase 11 of
the Intermodal Transportation Center
Suggested Disposition: Receive and File; Adopt Resolution(s)
Dubuque Intermodal Center Grant Application -MVM Memo Staff Memo, Resolution TIGER IV Grant Budget TIGER IV Grant Application,
8. Work Session - University of Iowa Sustainable Dubuque
City Manager requesting a work session be set for Tuesday, May 8, at 5 30 p m to hear presentations from the students participating
in the University of Iowa Initiative for Sustainable Communities partnership with Sustainable Dubuque
Suggested Disposition: Receive and File; Council
U of I Sustainable Dubuque Partnership Work Session -MVM Memo, Staff Memo ,
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