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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