Minutes_City Council Proceedings 4 16 12CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on April 16, 2012 in
the Historic Federal Building.
Present: Mayor Pro -Tem Jones; Council Members Braig, Connors, Lynch, Resnick,
Sutton; City Manager Van Milligen, Assistant City Attorney Brumwell
Absent: Mayor Buol, City Attorney Lindahl
Mayor Pro -Tem Jones read the call and stated this is a regular session of the City
Council to act upon such business that may properly come before the Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATION(S)
Week of the Young Child (April 22 -28, 2012) was accepted by Sherri Edwards, Director,
Dubuque County Early Childhood, 2728 Asbury Road.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Rensick. Motion carried 6 -0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
1/24 and 2/28, Cable TV Commission of 4/3, City Council proceedings of 4/2, Civil
Service Commission of 3/15 and 4/6, Housing Commission of 3/27, Housing Trust Fund
Committee of 8/19/11 and 4/4/12, Transit Advisory Board of 3/8, Zoning Advisory
Commission of 4/4, Zoning Board of Adjustment of 3/22
Proofs of publication for City Council proceedings of 3/19 and List of Claims and
Summary of Revenues for Month Ending 2/29
Upon motion the documents were received and filed.
Review of Denial of Claim by Gary and Shirley Jameson: City Attorney
recommending denial of an appeal of a claim against the City for property damage filed
by Gary and Shirley Jameson. Upon motion the documents were received, filed and
concur with denial.
Intermodal Contract Amendment 3: City Manager is transmitting information on
Amendment 3 to the Intermodal Contract with IIW Engineers for selection of an
Intermodal site and extra work required regarding the location of a bus storage facility.
Upon motion the documents were received, filed, and approved.
Intermodal Contract Amendment 4: City Manager transmitting information on
Amendment 4 to the Intermodal Contract with IIW Engineers for selection of an
Intermodal site and extra work required related to an environmental review of the rail
line and overnight location site for passenger rail service. Upon motion the documents
were received, filed, and approved.
2012 -2013 Urban Deer Management Plan: City Manager recommending approval of
the 2012 -2013 City of Dubuque Urban Deer Management Plan. Upon motion the
documents were received, filed, and approved.
2011 National Park Service (NPS) Reports: City Manager transmitting the 2011
National Park Service (NPS) Annual Products Report and Baseline Questionnaire.
Upon motion the document was received and filed.
New Terminal Aircraft Deice Fluid (ADF) Containment /Collection Project: City
Manager recommending approval of funding the Aircraft Deice Fluid (ADF) Containment
facility in the Fiscal Year 2013 budget rather than the Fiscal Year 2014 budget. Upon
motion the documents were received, filed, and approved.
Five Flags Center - Fiscal Year 2013 Detailed Operating Budget: City Manager
recommending approval of the Fiscal Year 2013 Five Flags Center proposed operating
budget submitted by SMG. Upon motion the documents were received, filed, and
approved.
Flood Disaster Legislative Amendment: City Manager recommending approval of a
contract with David Adelman of Cornerstone in the amount of $7,500 to assist City staff
in amending House File 2465 to provide eligibility for the City of Dubuque's Bee Branch
project for State of Iowa Flood Disaster money. Upon motion the documents were
received, filed, and approved.
Acceptance of Storm Sewer Easements - 2600 and 2608 Matthew John Drive: City
Manager recommending acceptance of storm sewer easements from Gerald D. and
Patricia H. Richard and James F. and Karilyn M. Steffen for a storm sewer extension
across 2600 and 2608 Matthew John Drive. Upon motion the documents were received
and filed and Resolution No. 89 -12 Accepting the grant of an easement for storm sewer
under and across Lot 2 Harvest View Estates 4th Addition in the City of Dubuque,
Dubuque County, Iowa; and Resolution No. 90 -12 Accepting the grant of an easement
for storm sewer under and across Lot 3 Harvest View Estates 4th Addition in the City of
Dubuque, Dubuque County, Iowa, were adopted.
Landfill Equipment Operator Position: City Manager recommending approval to
create one additional Landfill Equipment Operator position. Upon motion the documents
were received, filed, and approved.
Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Correspondence from
the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) notifying the City that
DMASWA is extending the Waste Delivery Contract with the City for an additional one -
year term commencing July 1, 2012 through June 30, 2013. Upon motion the
documents were received and filed.
Civil Service Commission: Civil Service Commission submitting the certified lists for
the positions of Bus Operator, Firefighter, Fire Equipment Operator, Fire Lieutenant,
Fire Captain, EMS Supervisor, Assistant Fire Chief, and Assistant Fire Marshal. Upon
motion the documents were received, filed and made a Matter of Record.
Signed Contracts: Short Form Improvement Contract with Fischer Brothers, LLC for
the Sutton Pool Water Slide Refinishing. Upon motion the document was received and
filed.
Cookin' Something Up - Order Setting Hearing: City Manager recommending that the
City Council reschedule the April 2, 2012 Alcohol Compliance Hearing for Cookin'
Something Up until June 4, 2012, due to a conflict for their legal representative. Upon
motion the documents were received, filed, and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Adobo's Mexican
Grill: City Manager recommending approval of the Acknowledgment /Settlement
Agreement for an alcohol compliance violation for Adobo's Mexican Grill, 756 Main
Street. Upon motion the documents were received, filed, and approved.
Alcohol and Tobacco License Applications: City Manager recommending approval of
annual liquor, beer, wine and tobacco license as submitted. Upon motion the
documents were received and filed and Resolution No. 91 -12 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; and Resolution No. 92 -12 Approving applications
for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A were
adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Resnick. Motion carried 6 -0.
General Corporate Purpose General Obligation Bonds - $475,000: City Manager
recommending that a public hearing be set for May 7, 2012, on the proposition of selling
not to exceed $475,000 in General Obligation Bonds, the proceeds of which will be
used to pay costs of repainting the Library mezzanine ceiling and installation of security
cameras in the Locust Street Ramp. Upon motion the documents were received and
filed and Resolution No. 93 -12 Fixing date for a meeting on the proposition of the
issuance of not to exceed $475,000 of General Obligation Bonds and providing for
publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Building.
General Corporate Purpose General Obligation Bonds - $600,000: City Manager
recommending that a public hearing be set for May 7, 2012, on the proposition of selling
not to exceed $600,000 in General Obligation Bonds, the proceeds of which will be
used to pay costs of City Hall exterior brick work. Upon motion the documents were
received and filed and Resolution No. 94 -12 Fixing date for a meeting on the proposition
of the issuance of not to exceed $600,000 of General Obligation Bonds and providing
for publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on May 7, 2012 in the Historic Federal Building.
General Corporate Purpose General Obligation Borrowing - $700,000: City Manager
recommending that a public hearing be set for May 7, 2012, on the proposition of selling
not to exceed $700,000 in General Obligation Bonds, the proceeds of which will be
used to pay costs of Fire Station improvements, Five Flags Arena roof and light fixtures
replacement and replacement of the Grand River Center outdoor sign. Upon motion the
documents were received and filed and Resolution No. 95 -12 Fixing date for a meeting
on the proposition of the issuance of not to exceed $700,000 of General Obligation
Bonds and providing for publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on May 7, 2012 in the Historic Federal
Building.
Essential Corporate Purpose General Obligation Bonds - $8,650,000: City Manager
recommending that a public hearing be set for May 7, 2012, on the proposition of selling
not to exceed $8,650,000 in General Obligation Bonds, the proceeds of which will be
used to pay costs of water and sanitary utility extensions from Technology Park South
to the Airport, relocation of E911 equipment to a different tower, replacement of a Fire
pumper truck, roof replacement at Bunker Hill, improvements at Bunker Hill and Flora
and Sutton pools, local match of Federal Emergency Management Agency Flood
Buyout Program for properties sustaining substantial damage in the July 2011 flood
event, Airport improvements including local match on the New Terminal project and
sanitary sewer, storm water and water improvements. Upon motion the documents were
received and filed and Resolution No. 96 -12 Fixing date for a meeting on the proposition
of the issuance of not to exceed $8,650,000 General Obligation Bonds (for Essential
Corporate Purposes) of the City of Dubuque, Iowa, and providing for publication of
notice thereof was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on May 7, 2012 in the Historic Federal Building.
Urban Renewal General Obligation Bonds - $5,575,000: City Manager
recommending that a public hearing be set for May 7, 2012 on the proposition of selling
not to exceed $5,575,000 in General Obligation Urban Renewal Bonds, the proceeds of
which will be used to fund urban renewal project activities under the authority of Chapter
403 of the Code of Iowa and the Amended and Restate Urban Renewal Plans for
Greater Downtown and Dubuque Industrial Center Urban Renewal Areas, including
those costs associated with the expansion of Dubuque Industrial Center West to
farmland known as South Siegert Farm and costs associated with Washington
Neighborhood Subarea (Includes Bluff/West Locust) Building Incentive & Rehabilitation
Program. This program provides low- interest loans and grants for rehabilitation and
adaptive reuse of buildings in the Greater Downtown Urban Renewal District
Washington Neighborhood Subarea. Upon motion the documents were received and
filed and Resolution No. 97 -12 Fixing date for a meeting on the proposition of the
issuance of not to exceed $5,575,000 General Obligation Bonds (for Essential
Corporate Purposes) of the City of Dubuque, Iowa, and providing for publication of
notice thereof was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on May 7, 2012 in the Historic Federal Building.
BOARDS /COMMISSIONS
Environmental Stewardship Advisory Commission: One three -year term through
October 1, 2014 (Vacant term of Klostermann). Applicants: Julie Beck, 1390 Glen Oak
Street; Andrea Helgager, 40 Main Street, #300. Upon roll -call vote of 5 -1 (Sutton voting
for Helgager), Julie Beck was appointed to the Environmental Stewardship Advisory
Commission for a three -year term through October 1, 2014.
PUBLIC HEARINGS
Request to Amend Planned Unit Development - Asbury Plaza (Tabled from March 5,
2012): Proof of publication on notice of public hearing to consider a request by
O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to
amend the Asbury Plaza Planned Unit Development to allow for a right -in /right -out
access to the Northwest Arterial and to amend the list of permitted uses, height and sign
regulations and the Zoning Advisory Commission recommending approval.
City Manager recommending additional amendments to the Asbury Plaza Planned
Unit Development.
Correspondence from O'Connor & Thomas on behalf of the developers requesting
that the request to amend the Planned Unit Development for Asbury Plaza be tabled to
June 18, 2012. Motion by Connors to remove from the table. Seconded by Resnick.
Motion carried 6 -0.
Motion by Connors to table to June 18, 2012. Seconded by Lynch. Motion carried 6-
0.
Upon motion the rules were suspended to allow anyone present to address the City
Council.
Request to Rezone - 1700 Block of Rhomberg Avenue: Proof of publication on notice
of public hearing to consider a request from Mike Portzen / Holy Spirit Parish to rezone
property located in the 1700 block of Rhomberg Avenue from R -2A Two - Family
Residential District to R -4 Multi - Family Residential District and the Zoning Advisory
Commission recommending approval. Motion by Connors to receive and file the
documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Lynch. Planning Services Laura Carstens provided
a staff report. Developer Mike Portzen stated that there will be 32 units available for sale
and that renting the units until they are purchased may also be an option. Portzen
added that background checks and covenants will be included in tenant /buyer
agreements. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 30 -12
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located in the 1700 block of
Rhomberg Avenue from R -2A Alternate Two - Family Residential District to R -4 Multi -
Family Residential District. Seconded by Braig. Motion carried 6 -0.
Second Annexation Request - 10924 Key West Drive: Proof of publication on notice
of public hearing to consider a second annexation request of Catherine C.
Christopherson for an additional parcel at 10924 Key West Drive and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 98 -12 Approving application for voluntary annexation of territory to the
City of Dubuque, Iowa. Seconded by Connors. Motion carried 6 -0.
Fiscal Year 2012 Budget Amendment No. 2: Proof of publication on notice of public
hearing to consider the second Fiscal Year 2012 Budget Amendment, which amends
the Fiscal Year 2012 budget for City Council actions, and the City Manager
recommending approval. Motion by Connors to receive and file the documents and
adopt Resolution No. 99 -12 Amending the current budget for the Fiscal Year ending
June 30, 2012 (as amended last on September 29, 2011). Seconded by Braig. Motion
carried 6 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Retail Single -Use Plastic Bag Reporting Ordinance (Third Reading): 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.
Mayor Buol requesting that this item be tabled to May 7, 2012.
Chamber of Commerce President and CEO Molly Grover requesting to address the
City Council regarding the Chamber's position on the proposed Ordinance prior to the
third reading.
Motion by Braig to table the third reading of a proposed 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 to May 7, 2012. Seconded by Connors. Motion
carried 6 -0
Caradco Landlord, LLC - Iowa Finance Authority Collateral Amendment: City
Manager recommending approval of an amendment to the loan documents for the $4.5
million loan provided by the Iowa Finance Authority to the City of Dubuque, which has in
turn been loaned by the City to Caradco Landlord, LLC for the Caradco Building Project.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Braig. Motion carried 6 -0.
PUBLIC INPUT
James Ferring, 1913 Jackson Street, addressed the City Council regarding an issue
he has with a local pawn shop being in possession of property that he alleges was
taken from his home during a robbery in June 2011. The City Manager referred Mr.
Ferring to Police Chief Mark Da!sing, who was present at the meeting.
ADJOURNMENT
There being no further business, upon motion the City Council adjourned at 7:02 p.m.
/s /Kevin S. Firnstahl
City Clerk
1 t 4/25