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1 17 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 1/17/2012 Buol, Connors, Jones, Lynch, Resmck, Sutton, Brag CITY OF DUBUQUE,IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street, Dubuque, Iowa January 17, 2012 REGULAR SESSION WORK SESSION 5c30 PM - Council Bluffs 2011 Flood Fighting Activities The Regular Session will begin at 6 30 PM Counal Bluffs 2011 Flood Fight -MW Memo, Staff Memo Presentation PLEDGE OF ALLEGIANCE INVOCATION Moment of Silence CONSENT ITEMS The consent agenda items are considered to be routine and non - controversial and all consent itemswill 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 Council Proceedings of 1/3/12, Environmental Stewardship Advisory Commission of 12/6111 and 1/6/12, Safe Community Advisory Committee of 12/14/11, Transit Advisory Board of 12/5111, Zoning Advisory Commission of 1/4, Proofs of Publication of City Council Proceeding of 12/19/11 and List of Claims and Summary of Revenuesfor Month Ending 11/30111 Suggested Disposition Receive and File City Council Minutes Environmental Steverdship Minutes 12/6 Environmental Steverdship Minutes 1/3 Safe Community Minutes Tranrt Board Minutes Zoning Advisory Minutes 1/4 Proof - Council Proceedings 12/19/11 Proof - List of Claims 11130/11 2 Disposition of Claims and Suds City Attorney athising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa CommunaiesAssurance Pool Daniel Davis for vehicle damage, Jeffrey Glen Holt for personal injury/property damage, Diane Streif for vehicle damage Suggested Disposition Receive and Fite; Concur !CAP Cleans, 3 Community Development Advisory Commission Commissioner Hillary Stubben submitting her resignation from the Community Development Advisory Commission Suggested Disposition Receive and File; Accept Resignation Stubben Resignation Letter 4 Change in Position Title/Duties City Manager recommending approval to eliminate one Maintenanceworker position and create one Assistant Horticulturist position in the Leisure Services Department Suggested Disposition Receive and File; Approve Change in Portion Title,Duties -MW Memo Staff Memo, Leisure Services Memo 5 Final PIA - Giese Subdivision Zoning Advisory Commission recommending approval of the Final Plat for Giese Subdivision (2225 Kerper Blvd) as requested by IIW, P C 1 CRDS Development subject to waiving the lot frontage requirement for Lot 1 RESOLUTION Approving the Final Plat for Giese Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) ZAC letter to council applicant materials Staff materials, Resolution 6. Gro1000 Garden and Green Space Grant Application City Manager recommending approval to submit a Gro1000 Garden and Green Space grant application in the amount of $25,000 (cash and in -kind) The funds will be used to purchase a greenhouse that would extend both ends of the growing season for the Mission garden Suggested Disposition: Receive and File; Approve Gro1000 Grant -MVM Memo Staff Memo , Gro1000 grant application, Mayor It of support, 7. Pump Room Roof Replacement - Project Acceptance City Manager is recommending acceptance of the construction contract for the Pump Roof Roof Replacement Project, as completed by Jim Giese Commercial Roofing, in the final contract amount of $92,193 RESOLUTION Accepting the Pump Room Roof Replacement Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Pump Room Roof -MVM Memo, Staff Memo , Accepting Protect and Authonzmq Payment, Certificate of Completion, Preliminary Approval, Approval, Awarding Public Improvement Contract, 8. Signed Contracts A) Tournament cart rental agreement with Harris Golf Carts for 2012, B) Stand Associates Agreement Amendment 1 for Water Pollution Control Plant Project Cogeneration Facilities Suggested Disposition: Receive and File Harns Golf Carts Agreement Strand Associates - WPCP Amendment), 9. PEG Capital Grant Expenditure Request City Manager recommending approval of the Cable TV Tele - Programming Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $11,000 for Loras College for a Carousel bulletin board graphics system and $12,500 for the City of Dubuque to replace the audience TV bulletin board computer Suggested Disposition: Receive and File; Approve PEG Capital Expenditure -MVM Memo, Staff Memo , Loras College Grant Application, City of Dubuque Grant Application, 10. Smarter Travel Recruitment Plan and Budget City Manager recommending approval of funding for a plan to recruit 1,000 volunteers for the Smarter Travel Pilot Project Suggested Disposition: Receive and File; Approve Smarter Travel Recruitment Budget -MVM Memo, Staff Memo , Recruitment Plan & Budget 11. Baskets for Bee Branch and Historic Millwork District and Annual Flowers in Washington Street Dividers City Manager recommending allocating resources so that the baskets and planters to be used in the lower Bee Branch and Historic Millwork District can start this spring, instead of waiting until 2013 Suggested Disposition: Receive and File; Approve Baskets for Bee Branch -MVM Memo Staff Memo 12. Alcohol License Applications and Renewals City Manager recommending approval of annual liquor, beer, and wine licenses as submitted RESOLUTION Approving the issuance of a Class "C" Beer /Liquor License to Hy -Vee C -Store #1 + (Sunday Sale), The Lounge + (Sunday Sale), Taiko Japanese Restaurant + (Sunday Sale), and Mario's Italian Restaurant RESOLUTION Approving the issuance of a Class "B" Beer Permit to Hy -Vee C -Store #1 + (Sunday Sale), Pizza Hut # 4691 + (Sunday Sale), and Pizza Hut # 4690 + (Sunday Sale) Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals -MVM Memo, License Renewal Memo, Beer Resolution, Liquor Resolution, ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Caradco Landlord, LLC and Warehouse Development, LLC - Grant of Easement City Manager recommending recommends that a public hearing be set for February 6, 2012 to consider granting an easement across Washington Street to accommodate private service lines for fiber, television, power, telephone, cable, and future needs for the Caradco Landlord, LLC & Warehouse Development, LLC property, which is in process of renovation at 900 Jackson Street RESOLUTION of Intent to Dispose of City interest by Grant of Easement for private utility to Caradco Landlord, LLC & Warehouse Development, LLC of Dubuque for an underlying portion of Washington Street Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing 2/6112 Caradco Grant of Easement -MVM Memo, Caradco Grant of Easement- Staff Memo Caradco Grant of Easement - Resolution, Caradco Easement - Exhibit, 2. Annual Action Plan - Fiscal Year 2013 City Manager recommending the FY 2013 Annual Action Plan be included in the City budget and a public hearing be scheduled with the Housing and Community Development Department budget work session on February 29th RESOLUTION Setting a public hearing on the Fiscal Year 2013 (Program Year 2012) Community Development Block Grant (CDBG) Annual Action Plan Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 2/29/12 FY13 Annual Action Plan -MVM Memo, FY2013 Annual Action Plan Public Heannq FY 2013 Annual Plan Council Public Hearing Resolution FY 2013 Annual Plan Council 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. Comm unity Development Advisory Com mission One 3 -year term through February 15, 2015 (expiring at -large term of Wainwright) Applicant Thomas Wainwright, 1788 Lori Street (At- Large) Appointments to the following Boards and Comm issions: Sister City Relationships Advisory Commission 3 three -year terms through February 1, 2015 (expiring terms of Jochum, Mcl ntee, and McNamara) Applicants Jeffrey Jochum, 3750 Aerostar Drive Phyllis Lee, 720 South Grandview Avenue - Additional Applicant Patrick McNamara, 1041 Shady Oaks Drive Boards Overview Sheet, Boards Latest Listing, Community Development Applications, Sister City Applications, 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. Request to Amend Planned Unit Development - Asbury Plaza (Tabled from December 19, 2011) 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 developer requesting the item be tabled to March 5, 2012 ORDINANCE As recommended by the Zoning Advisory Commission OR as recommended by the City Manager Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code by rescinding Ordinances 4 -96, 44 -99, 97- 02, 41 -03, 51 -05 and 65 -06, which established regulations for Asbury Plaza, a planned unit development with a Planned Commercial Designation, located at the northwest corner of Highway 32 and Asbury Road and now being amended to allow vehicle sales and vehicle service or repair as permitted uses and amend regulations for signage and building height Suggested Disposition: Suggested Disposition: Remove from Table; Table to March 5 2012; or Receive and File; Conduct Public Hearing, Motion B, Motion A Asbury Plaza PUD-MVM Memo Request to Table Correspondence, Map Asbury Plaza Public Easements MVM PUD Ordinance Amendment, Request to Table- Letter ZAC letter to council application form attorney letter, vicinity map, renderings conceptual plans, staff memo, aerial views, City Code, Traffic Study , ordinance, Proof of Publication 12 19 11, Proof of Publication 1 17 11, Suggested Motion, 2. Request to Rezone - 3150 Asbury Road Proof of publication on notice of public hearing to consider a request from Julie Cheung and Alex Fursoy to rezone property from R -1 Single - Family Residential District to OC Office Commercial District and the Zoning Advisory Commission recommending denial Citizen correspondence from John Donahue in opposition to the proposed rezoning ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at the Northwest Corner of Asbury Road and Evergreen Drive from R -1 Single - Family Residential District to OC Office Commercial District Suggested Disposition: Receive and File; Concur with Denial; or Motion B, Motion A (Super Majority) ZAC letter to council Applicant materials, Staff materials, Ordinance, Public Input Donahue Letter Suggested Motion 3. Text Amendment - Complete Streets Policy Proof of publication on notice of public hearing to consider a request by the City of Dubuque to consider a Text Amendment to Section 16- 11 -15(k) Streets of the Unified Development Code to incorporate a Complete Streets Policy ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Article 11 Land Subdivision to add Complete Streets Policy Language Suggested Disposition: Receive and File; Motion B; Motion A ZAC letter to council , Staff materials, Ordinance, Suggested Motion, 4. Historic Millwork District- Planned Unit Development Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend the Historic Millwork District Planned Unit Development (PUD) Conceptual Development Plan to allow for an Intermodal Center and an 80 -space surface parking lot and the Zoning Advisory Commission recommending approval ORDINANCE Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 20 -10 which established regulations for a PUD Planned Unit Development District with a Planned Commercial Designation for the Historic Millwork District PUD and now being amended to allow for the Intermodal Center and an 80 -space surface parking lot Suggested Disposition: Receive and File; Motion B; Motion A ZAC letter to council , Staff materials Ordinance, Suggested Motion 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. General Obligation Urban Renewal Bonds Series 2012A and General Obligation Bonds Series 2012B City Manager recommending advertisement for the sale of the $4,380,000 General Obligation Urban Renewal Bonds, Series 2012A and $7,495,000 General Obligation Bonds, Series 2012B and approval of the electronic bidding procedures RESOLUTION Directing the advertisement for sale of $4,380,000 General Obligation Urban Renewal Bonds Series 2012A and $7,495,000 General Obligation Bonds Series 2012B, approving electronic bidding procedures, and authorizing distribution of a Preliminary Official Statement Suggested Disposition: Receive and File; Adopt Resolution(s) 2012 Series A & B GO Bonds Advertisement For Sale, Direct Advertisement of Sale of Bonds, 2012 Senes A & B GO Bonds Advertisement Noth Letter, 2012 A &B Resoultion Direct Sale GO Bonds, 2012 AB Preliminary Statement, 2. 2011 National Electrical Code City Manager recommending adoption of the 2011 edition of the National Electrical Code, which will keep the City of Dubuque's electrical ordinance consistent with the State of Iowa's requirements ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code by Regulating the Approved Applications and Use of NM Cable Suggested Disposition: Receive and File; Motion B; Motion A 2011 NEC MVM Memo Staff Memo 2011 NEC Ordinance, Suggested Motion 3. Purina Drive Weigh Scale House Building Project Award City Manager recommending award of the contract to the low bidder, Stumpf Construction, in the amount of $156,698 80 RESOLUTION Awarding the public improvement contract for the Purina Drive Weigh Scale House Building Project Suggested Disposition: Receive and File; Adopt Resolution(s) Punna Drive Weigh Scale House -MVM Memo, Staff Memo Award Resolution Bid Tabulation Scale House Project Docs 1 -3 -2012, Scale House Protect Docs 12 -5 -2011, 4. Convention and Visitors Bureau - Request for Work Session Convention and Visitors Bureau Executive Director Keith Rahe requesting that the annual Conventional and Visitors Bureau work session for Fiscal Year 2013 be set for 5 30 p m on February 6, 2012 Suggested Disposition: Receive and File; Council CVB Work Session Request, 5. Fiscal Year 2013 Budget and Fiscal Policy Guidelines City Manager recommending adoption of the Fiscal Year 2013 Budget Policy Guidelines The guidelines reflect City Council direction given as part of the August 24 and 25, 2011, goal setting sessions Suggested Disposition: Receive and File; Approve Budget and Fiscal Policy Guidelines -MVM Memo, Budget and Fiscal Policy Guidelines for Fiscal Year 2013 - Staff memo Budget and Fiscal Policy Guidelines for Fiscal Year 2013, 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