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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 0/frio-iv/ nti,72-1,0*./oW 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 Yays Nays V Jones 1// Lynch 1/� Resnick 1/ Sutton 1/ Braig // Buol ?/ Connors 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 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 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 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 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) Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 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 Nays Jones Lynch Resnick Sutton Braig Buol Connors 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 Yays Nays I/ Jones t/ Lynch Resnick Sutton Braig Buol Ici- Connors 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 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 6-!//) Suspend the Rules Yays Nays Jones ✓/ Lynch //aZ Resnick // Sutton 1/ Braig Buol )/- Connors PUBLIC HEARINGS SUSPEND THE RULES Public Hearing #1 Yays Nays Jones 1/ / Lynch Resnick Sutton ✓ 02 Braig Buol )/ Connors 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) ,g& _ee ,4/4/;(2e //2"&/..ep://90 Ptx a *fri /5",?Y yhippie>z, c 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 Yays Nays V . Jones p/ Lynch Resnick Sutton 1/a Braig Buol //' Connors Final Reading and Adopt Yays Nays V . Jones Lynch Resnick Sutton Braig Buol Connors Gem � Ed/7_ � %?,� .T, /3S5 Aiige ',69///1/- a -72). /2 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 Yap Nays V Jones 1/ Lynch j/ Resnick j/ Sutton j/. Braig V Buol Y ` Connors Final Reading and Adopt Yays Nays 1/ g Jones 1/ Lynch j/ Resnick f/ Sutton j/ Braig Buol i/ -% Connors /3//%/-71 11/7aV 1/11,a-t 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) Nays Jones Lynch Resnick Sutton Braig Buol Connors mom REINSTATE THE RULES This action limits discussion to the City Council. Yays Nays i�/ Jones V Lynch Resnick t/ Sutton Braig Cool . /J ? Connors 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 Nays Jones Lynch Resnick Sutton Braig Buol Connors Az_ - )09/2, 9.4/2- 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 Yayp Nays Jones i7 Lynch Resnick Sutton Braig Buol Connors a �s1677e} grifo, dzAz ;vie w aw) a/A_ ,;?, 95, 9°/(2?/ obtozd b,ofr?"1°# 71462 tr:41W11 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; Yays Nays Jones Lynch Resnick Sutton Braig 1i Buol Connors 11%f,A m OM, id// 1/6/4/1d)421 d --(5/23//-r for,i0ws off ipa /6 /to/ (et- fzi-vm pa lizeg u r odd 44, aRnignZffi/27) i/kfil /e/1 dofifi'd hvi/ Y‘61f,fi/"'"1 /47eleg4 elite 4/1-, ki/Aff oad n5irr Diu/ Yi/azik zoo Aryamk-hi/x," 4nedebiax, 774:09 41/1fry/, 7:5(-Aie2t/f- 90e'g-*///a/ *44) /2olfirEte o2e- Arf,/,12( tiw ,h/f -‘/A/ 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 Yays Yay Nays r/ Jones Jones Lynch Lynch VResnick V Resnick 1 Sutton Sutton Braig Braig iZ Buol Buol I/ / Connors Connors 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 Yay Nays V / Jones ]/Z Lynch V Resnick /7 Sutton V" Braig V Buol t/ Connors Final Reading and Adopt Yays Nays V / Jones 1/ Lynch 1_7' Resnick J/ Sutton Braig Buol Connors Vitkillad;/1 WPPWA aof fer/., clb//7 ite2M4/---e9 a/17uz, Avid,/ ›1111V YbeelP4-2 r � ��O j Yae, 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 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors Copt Yay Nays Nays Jones Jones V: Lynch L nch 1 Resnick Re ick ✓ Sutton Sutto 27/ Braig Braig 1/, Buol Buol 1/ 1/J Connors #01) &I,er,44/k AAJ- Affh/A4/- 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 Nays 1� Jones V: Lynch V Resnick ✓ Sutton 27/ Braig 1/, Buol 1/ Connors /old6E-75-%74 ad- /7 -7-e/-17W,k7 MOeri/ /v /idd-h,)-1--- 4414- ''0///h/1 nr�'��� 0 ,ile 11 AdZe #/fe4--c-- (V,(1/r41,:h )1-(7/ *a/i2,09- st) ,/y// 9ora / Atbidd("--''' /Yler lir 14,11 #17/ hVii- all PA &29/i/j k may. /WI ; "71/- d��4 /4%/-/( Vir /65z)e, )901/ 0?7/41'.. X4a-i COQ h )0/41 �i�`�l. /'l �(', �j��� « /42-G7 ktid' ;99 ifeits 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 Yays/ Nays Jones J/"' Lynch Resnick 1/ Sutton Braig Buol Connors ke, 07- a ipeN /7M COUNCIL MEMBER REPORTS /m Q�,i 0�,� 4-1/6- PUBLIC INPUJ �� AZ,Feirne4tAile ADJOURNMENT at 6'f 3ff Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors /da_#/m4-A idaa-e