3 18 13 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 18, 2013, at 6:30 PM in the Historic Federal Building for
the purpose of acting up on such business that may properly come before the
City Council.
Consent Items: Pages 1 -5
y D. Buol, Mayor
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on March 18, 2013 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor col; Council Members Bta g, Corj ors, Jor s-, Lync Res ick,
i/Siitton; City ge�'d�- Miitigen, City Attorney Lindahl v
Abnt:
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 City
Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the
common good.
PROCLAMATION(S)
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1. Fair Housing Month (April 2013)
2. Family and Medical Leave Act 20th Anniversary
3. Women's History Month (March 2013)
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CONSENT ITEMS
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1. Minutes and Reports Submitted
Cable TV Commission of 2/6; City Council Proceedings of 2/28 and 3/4; Historic
Preservation Education Task Force of 3/7; Library Board of Trustees of 1/24 and 2/11;
Library Board of Trustees Update of 2/28; Mechanical Code Board of 3/7; Park &
Recreation Commission of 2/12; Safe Community Advisory Committee of 1/9; Zoning
Advisory Commission of 3/6; Zoning Board of Adjustment of 2/28; Proof of Publication
for City Council Proceedings of 2/18; 2/19, 2/21, 2/25, 2/26, 2/27, and 2/28 Suggested
Disposition: Receive and File
2. Notice of Claims and Suits
Carla Olivarez for vehicle damage, Robert Sarazin for property damage, Donna Schmitt
for vehicle damage, Bart Weiden for vehicle 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: Carla Olivarez
for vehicle damage, Bart Wieden for vehicle damage
Suggested Disposition: Receive and File; Concur
4. State of Iowa - Old Highway Road Acceptance of Easements
City Manager recommending acceptance of a Watermain, Fiber Optic Lines and
Appurtenances Easement from the State of Iowa for existing watermain and fiber optic
lines along the northerly right -of -way line of Old Highway Road near Radford Road.
RESOLUTION 1-5 Accepting the grant of an easement for watermain, fiber
optic lines and appurtenances through, under and across a part of Lot 2 -1 and Lot 2 -1 -A
all in the SE 1/4 - SW 1/4 Section 29, T89N, R2E, 5th P.M. in the City of Dubuque,
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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5. Acceptance of Deed - 735 Caledonia Place
City Manager recommending acceptance of the deed for 735 Caledonia Place from the
James P. Lammer Estate.
RESOLUTION f ) Accepting the deed to certain real estate in Dubuque
County, Iowa, from James P. Lammer Estate.
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Homelessness Prevention and Rapid Re- Housing Program - Grant Close Out
City Manager recommending approval for the Mayor to sign the grant closeout
certification and other required documentation to close out the Homelessness
Prevention and Rapid Re- Housing Program (HPRP) grant the City received in 2009.
RESOLUTION Authorizing execution of a Homelessness Prevention and
Rapid Re- Housing (HPRP) Grantee Closeout Certification with the U.S. Department of
Housing and Urban Development.
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Iowa DOT - Railroad Grade Crossing Repair Agreement at East 14th Street
City Manager recommending approval of the State of Iowa Federal -Aid Grade Crossing
Surface Repair Agreement for the construction of surface improvements at the East
14th Street railroad grade crossing.
RESOLUTION Approving State of Iowa Federal -Aid Grade Crossing
Surface Repair Agreement for the construction of surface improvements at the railroad
crossing located at East 14th Street (Agreement 376125P)
Suggested Disposition: Receive and File; Adopt Resolution
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8. Federal Emergency Management Agency (FEMA) - Flood Insurance Rate Map
Changes
City Manager transmitting correspondence from the Federal Emergency Management
Agency (FEMA) regarding revisions to five panels of the City's Flood Insurance Rate
Maps (FIRM) along the City's riverfront.
Suggested Disposition: Receive and File
9. Plat of Survey - Littleton and Sawyer's Subdivision, Plat 2
Zoning Advisory Commission recommending approval of the Plat of Survey Littleton and
Sawyer's Subdivision Plat 2 subject to waiving the lot frontage requirements for Lots 1
and 2 as requested by MK Properties, LLC.
RESOLUTION C Approving the Plat of Survey Littleton and Sawyer's
Subdivision, Plat 2 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. AmeriCorps Program - Clerical Assistant
City Manager recommending approval for the continuation of a Clerical Assistant under
the AmeriCorps Partners in Learning Grant.
Suggested Disposition: Receive and File; Approve
11. Asbestos Survey and Monitoring of Abatement - Old Mill and Mason Roads
City Manager recommending approval of the award to Carno ATC for 35 samples and
all required reports related to Asbestos Survey and Monitoring of Abatement for the
flood- damaged properties at 1711 Old Mill Road and 1654 Manson Road
Suggested Disposition: Receive and File; Approve
12. PEG Capital Expenditure Request
City Manager recommending approval of the Cable TV Commission recommendations
for funding from the Public, Educational, and Government (PEG) Capital Grant for
Access Equipment and Facilities up to $200 for Mediacom to purchase a video
demodulator to improve the signal quality of the Mercy Mass video feed.
Suggested Disposition: Receive and File; Approve
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13. Old House Enthusiasts - Grant Application
City Manager recommending approval for the Historic Preservation Commission to
apply for a $1,500 grant from the Old House Enthusiasts for digitizing historic City
Directories.
Suggested Disposition: Receive and File; Approve
14. U.S. Housing and Urban Development - Sequestration Correspondence
City Manager transmitting two letters from the U.S. Department of Housing and Urban
Development (HUD) concerning the effects of the Sequestration budget on the
programs of the Housing and Community Development Department.
Suggested Disposition: Receive and File
15. Urban Youth Corps Grant
City Manager recommending approval of the Urban Youth Corps Grant application to
the Iowa Department of Transportation for hiring three 16 to 21- year -old youths to work
specific tasks in the park system this summer.
Suggested Disposition: Receive and File; Approve
16. Dubuque Water Sports Club - Lease Approval
City Manager recommending approval of the annual lease with the Dubuque Water
Sports Club (formerly Dubuque Water Ski Club) for a section of Schmitt Island.
Suggested Disposition: Receive and File; Approve
17. Dubuque Metropolitan Area Solid Waste Agency (DMASWA)
Correspondence from the Board of Directors of the Dubuque Metropolitan Area Solid
Waste Agency informing the City that the DMASWA has voted to extend its Waste
Delivery Contract for an additional year commencing July 1, 2013 through June 30,
2014.
Suggested Disposition: Receive and File
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18. Interstate Power and Light Company Power Purchase Agreement
City Manager recommending approval of a Power Purchase Agreement between the
City of Dubuque and Interstate Power and Light Company.
Suggested Disposition: Receive and File; Approve
19. Request for Proposal - Water & Recourse Recovery Center Energy
Management Consulting
City Manager recommending approval to distribute a Request for Proposal for a
consultant to optimize energy use by the Water & Resource Recovery Center's new
industrial equipment and for Energy Star commissioning of the administration building.
Suggested Disposition: Receive and File; Approve
20. Iowa DOT Emergency Detour Agreement - Catfish Creek Bridge Replacement
City Manager recommending approval for the Mayor to execute an agreement with the
Iowa Department of Transportation for the use of local roads as an authorized
emergency detour route for US 52/61/151 improvements and Catfish Creek Bridge
Replacement Project.
RESOLUTION .?? Approving the Iowa Department of Transportation
Agreement for Use of Local Agency Roads as an Emergency Detour route for US
52/61/151 Improvements and Catfish Creek Bridge Replacement Project.
Suggested Disposition: Receive and File; Adopt Resolution
21. Alcohol Compliance Civil Penalty for Alcohol License Holders - Fischer Lanes
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Fisher Lanes, 880 Locust Street.
Suggested Disposition: Receive and File; Approve
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22. Alcohol Compliance Civil Penalty for Alcohol License Holders - Happy Joe's
Old Fashioned Ice Cream & Pizza Parlor
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Happy Joe's, Old Fashioned Ice Cream & Pizza
Parlor, 855 Century Drive.
Suggested Disposition: Receive and File; Approve
23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Salsa's
Mexican Restaurant
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Salsa's Mexican Restaurant, 1091 Main Street.
Suggested Disposition: Receive and File; Approve
24. Business License Refunds
Request by Ric Worcester from Off Minor for a refund of a liquor license in the amount
of $422.50.
Request by Bandana's Missouri, LLC from Bandana's Bar -B -Q for a refund of a liquor
license in the amount of 168.75
Suggested Disposition: Receive and File; Approve
25. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as
submitted.
RESOLUTION 0 0 Approving 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)
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ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
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1. Weaver Castle, LLC - Development Agreement for 324 -326 W. Locust Street
City Manager recommending that a public hearing be set for April 1, 2013, to approve a
Development Agreement with Weaver Castle, LLC to redevelop property located at 324-
326 W. Locust Street into four apartments.
RESOLUTION Fixing the date for a public hearing of the City Council of
the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment
Revenue Obligations and the execution of a Development Agreement relating thereto
with Weaver Castle, LLC, and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolutions, Public Hearing 4/1/13
2. Request to Vacate University Avenue Extension - MRJD Properties
City Manager recommending approval of a request by MRJD Properties to vacate
portion of University Avenue Extension adjacent to Iowa Auto Glass at 2796 University
Avenue and that a public hearing be set for April 1, 2013 on the disposal of this
property.
RESOLUTION Resolution of Intent to vacate and dispose of City interest
in Lot 2A University Avenue Extension Place in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 4/1/13
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BOARDS /COMMISSIONS
1. Civil Service Commission (Mayoral Appointment)
1 three -year term through April 6, 2017 (Expiring term of White)
Applicant:
Daniel White, 2919 Elm Street ---
PUBLIC HEARINGS
1. 30 -Inch Force Main Project Phase I (9th - 11th Streets)
City Manager recommending rescinding Resolution No. 78 -13, which will cancel the
public bidding process for Phase I of the 30 Inch Force Main Relocation Project from 9th
Street to 11th Street and re- initiate the project at a future City Council meeting once the
plans and specifications have been updated to reflect the new scope of work.
RESOLUTION Rescinding Resolution No. 78 -13, Approving preliminary
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 of bids for phase I of the 30 Inch Force Main Relocation Project from 9th
Street to 11th Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
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2. Petition to Vacate - University Avenue Extension
City Manager recommending rescission of Resolution No. 74 -13, resulting in the
cancellation of the intent to vacate and dispose of City interest to Dubuque Mattress,
Inc. for the vacating petition of University Avenue Extension.
RESOLUTION qp1.-.. Rescinding Resolution No. 74 -13 Intent to Vacate and
Dispose of City Interest in Lot 2A University Extension Place
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Suspend the Rules
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3. Request to Vacate - Sanitary Sewer Easement at University Extension Place
Proof of publication on notice of public hearing to consider a request by Douglas Dotter
of Dubuque Mattress, Inc., to dispose of city interest in a sanitary sewer easement over
Lot 2 _University Extension Place and the City Manager recommending approval.
RESOLUTION /--) Disposing of City Interest in a sanitary sewer easement in
Lot 2 University Extension Place in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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4. SEP Green Alley Permeable Pavers Project - Loras Boulevard and Arlington
Streets from Prairie Street to Dell Street
Proof of publication on notice of public hearing to approve plans, specifications, form of
contract, and estimated cost for the SEP Green Alley Permeable Paver Project
(Between Loras Boulevard and Arlington Streets from Prairie Street to Dell Street) and
the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and
estimated cost for S P Green Alley Permeable Paver Project (Between Loras
Boulevard and Arlington Streets from Prairie Street to Dell Street)
Suggested Disposition: Receive and File; Adopt Resolution(s)
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5. Unified Development Code Text Amendment Articles 5 & 14: Parks and Parking
Proof of publication on notice of public hearing to consider a request by the City of
Dubuque to amend Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances, Unified Development Code, by amending Article 14 -6, Off - Street Parking
Requirements, to add Parks, Public or Private, and Similar Natural Recreation Areas to
the list of Land Uses and the Zoning Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of
Dubuque Code of Ordinances, Unified Development Code, by amending Article 14 -6,
Off - Street Parking Requirements, to add Parks, Public or Private, and Similar Natural
Recreation Areas to the list of Land Uses and by Amending Article 5, Zoning Districts, to
modify how Parks is listed as a Permitted Use
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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6. Unified Development Code Text Amendment - Sidewalk Installation
Proof of publication on notice of public hearing to consider a request by the City of
Dubuque to amend Article 13- 3.6(A) of the Unified Development Code regarding
installation of sidewalks and the Zoning Advisory Commission recommending approval.
ORDINANCE Amending City of Dubuque Code of Ordinances, Title 16
Unified Development Code, Chapter 13 Site Development Standards, Section 3 -6(A)
Sidewalks and Walkways, to reference the General Sidewalk Requirements in the Code
of Ordinances
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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7. Wilmac Property Company - Linseed Oil Paintworks Building
Proof of publication on notice of public hearing to consider entering into a Development
Agreement for the property located at 151 East 9th Street (Corner of 9th and Jackson)
and the City Manager recommending approval.
RESOLUTION 95- Approving issuance of Urban Renewal Tax Increment
Revenue Obligations and the execution of a Development Agreement relating thereto
with Wilmac Property Company
Suggested Disposition: Receive and File; Adopt Resolution(s)
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8. Sewer Revenue Capital Loan Notes - State of Iowa Revolving Fund Loan
City Manager recommending approval of the suggested proceedings for the issuance of
not to exceed an additional $700,000 Sewer Revenue Capital Loan Notes from the Iowa
Water Pollution Control Works Financing Program. ol
RESOLUTION (. _ Ratifying, confirming and approving publication of Notice of
Public Hearing for the issuance of an additional amount of not to exceed $700,000
Sewer Revenue Capital Loan Notes.
RESOLUTION Instituting proceedings to take additional action for the
authorization of a loan and disbursement agreement and the issuance of an additional
amount of not to exceed $700,000 Sewer Revenue Capital Loan Notes.
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. Park & Recreation Commission - Pets in Parks Recommendation
Council Member Ric Jones submitting a request to reconsider a proposed ordinance I
allowing leashed, licensed dogs in City parks.
Correspondence from the Park & Recreation Commission relaying additional
recommendations related to Veteran's Memorial Plaza
and play areas.
Correspondence from Health Services relaying current violation statistics related to pets
in parks.
Correspondence from Leisure Services relaying research about other cities related to
pets in parks.
Materials from the March 4, 2013 Council Meeting.
ORDINANCE /574 Amending City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 5 Parks and Recreation By Adding Definitions
Relating to Animals; Restricting Horsedrawn Vehicles; Permitting Dogs, Cats, and
Domesticated Animals in Certain Parks, Open Spaces, and Trails Subject to Conditions;
Establishing Leash and Waste Clean -Up Requirements; Prohibiting Animals Running
At -Large Within Parks, Open Spaces, or Trails; Permitting the Exercising of Dogs off
Leash in Certain Areas; and Revising Park, Open Spaces and Trail Descriptions
Suggested Disposition: Receive and File; Motion to Reconsider, Motion B; Motion A
Motion to Reconsider
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2. City Hall Envelope Restoration (Tuckpointing) - Project Award
City Manager recommending award of the contract for the City Hall Envelope
Restoration (tuckpointing) to the low bidder, Randy Williams d /b /a R & W Restoration.
RESOLUTION Awarding the public improvement contract for the City Hall
Envelope Restoration (Tuckpointing) Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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3. Water & Resource Recovery Center Cogeneration Facilities - Award of Contract
City Manager recommending award of the contract for the Water & Resource Recovery
Center Cogeneration Facilities Project to Total Mechanical Systems Incorporated.
RESOLUTION Awarding the public improvement contract for the Water &
Resource Recovery enter Cogeneration Project.
Suggested Disposition: Receive and File; Adopt Resolution(s)
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4. Housing Assistance Payment Fund Balance
City Manager recommending funds be deposited into the Housing Assistance Program
fund from identified savings in the general fund to comply with a U.S. Department of
Housing and Urban Development (HUD) reporting requirement.
Suggested Disposition: Receive and File; Approve
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5. Housing and Community Development Funding Partnership
City Manager recommending approval of a proposed partnership between the
Community Housing Initiatives (CHI), Dubuque Bank and Trust (DB &T) and the City
Housing Department to restore about 18 units in the Washington Neighborhood.
Suggested Disposition: Receive and File; Approve
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6. Sustainable Dubuque - Request for Work Session
City Manager recommending that the City Council schedule a Sustainable Dubuque
quarterly work session for Monday, May 6, at 5:00 p.m. to hear the final reports from the
University of Iowa -Iowa Initiative for Sustainable Communities students.
Suggested Disposition: Receive and File; mil 4��
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I. COUNCIL MEMBER REPORTS
-0/(5,57.69 o7-?/‘ 'eV14 i e
J. PUBLIC INPUT
K. ' LOSED SION
Pen . gation
perty Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa
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L. ADJOURNMENT
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