3 19 12 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, March, 19, 2012, at 6:30 PM in the Historic Federal Building for
the purpose of conducting such business that may property come before the City
Council.
Roy D. Buol, Mayor
Consent Items: Pages 1 -5
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on March 19, 2012 in
the Historic Federal Buil ing, 350 W. 6t Street.
Present: Mayor Buol; Council Members B of ig, Cor1'nors, Lyn+C(i, Res4Tick,
,Syrtton; City Manager Van M. igen, City Attorney Lin ahl
Absent:
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PRESENTATION(S)
1. Veterans' Memorial Plaza
Richard Goebel, President of the Board of Directors for the Veterans' Memorial Plaza t
present the City Council with a photo ingratitude or its support of the Veterans'
Memorial Plaza. ,%`I�'��'�S %� !�'W�D�� /ii'74'
2. 3654mpact Awards U Presentation of of the 365 lmpa t Awar s from March 6, 2012. Overall Individual: Public
Information Officer Randy Gehl; Overall Idea: Millwork District Partners; Art: Art on the
River; Family: Music in Jackson Park
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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
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 3/7
Proof of Publication for City Council Proceedings of 2/20, 2/21, 2/27, and 2/29
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Joshua Boffeli for property damage, Archie Ralston for personal injury, Kathleen
Stierman for property damage
Suggested Disposition: Receive and File; Refer to City Attorney
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 Communities Assurance Pool: Joshua Bofelli
for property damage, Archie Ralston for personal injury, Kathleen Stierman for property
damage
Suggested Disposition: Receive and File; Concur
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
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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
6. Biosolids Management Agreement
City Manager is recommending that the City of Dubuque enter into an agreement with
Nutri -Ject Systems, Inc. of Hudson, IA for the Water & Resource Recovery Center
(W &RRC) Bio- Solids Management Program.
Suggested Disposition: Receive and File; Approve
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
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
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
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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)
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
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
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
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14. Sustainable Dubuque Project Status Update
City Manager submitting the Sustainable Dubuque Project Status Update for February
2012.
Suggested Disposition: Receive and File
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
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
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)
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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 Project Letter of Interest -MVM Memo, Staff Memo , Iowa Watershed
Project - Letter of Interest, Request for Information - Iowa Watershed Projects, Iowa
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
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
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
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.
Yays
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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
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
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
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)
ITEMS TO BE SET FOR PUBLIC HEARING
1. Dubuque Industrial Center South - 2012 Grading and Utilities Phase I —
4/2/12
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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 I and that a public
hearing be set for April 2 2012.
RESOLUTION Prelimina rY a pp roval of plans, specifications, ecifications, 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 4/2/12
G. 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.
1. 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:
2. 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
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Suspend the Rules
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PUBLIC HEARINGS
SUSPEND THE RULES
Public Hearing #1
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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 D buque Industrial Center West to Hunter Equity, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
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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
Suspend the Readings
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Final Reading and Adopt
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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 P 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
Suspend the Readings
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Final Reading and Adopt
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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 L) Approving application for voluntary annexation of territory
to the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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REINSTATE THE RULES
This action limits discussion to the City Council.
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ACTION ITEMS
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
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2. Dubuque Police Department New Uniform Patch L 0- 77,
Police Chief Mark Da!sing to present the Dubuque Police Department's new uniform
patch.
Suggested Disposition: Receive and File
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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;
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Braig
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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
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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 ice` 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
Suspend the Readings
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Final Reading and Adopt
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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, anitation 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
uspend the Readings
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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.
Suggested Dasposi 'on: Receive and File; Adopt Resolution(s)
RESOLUTION End rsing the submission of a Tiger IV Grant application to the Federal
Transit Administration (FTA) to fund Phase II of the Intermodal Transportation Center.
Yays
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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
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