Minutes_City Council Proceedings 1 17 12CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on January 17, 2012 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro -Tem Jones; Council Members Connors, Lynch, Resnick, Sutton;
Assistant City Manager Steinhauser, City Attorney Lindahl
Absent: Mayor Buol, Council Member Braig, City Manager Van Milligen
Mayor Pro -Tem Jones read the call and stated this is a special session of the City
Council to conduct a work session the 2011 flood fighting activities of the City of Council
Bluffs.
WORK SESSION
Council Bluffs 2011 Flood Fighting Activities
Street Maintenance Supervisor John Klostermann provided information and a slide
presentation on the flood - fighting activities of the City of Council Bluffs during the flood
of 2011.
Site visit to Council Bluffs from Dubuque and Iowa City staff June 30, 2011 and
review of: Incident Command Center, Levee System, Pumping Stations, Seepage
Blanket Installations. Topics included:
• Flood Issues and System Comparisons
• Partnerships with city, state and federal agencies
• Pre -Flood Activities
L i Flag System
L i Sandbagging Operations
- HESCO Floodwall System
L i Incident Command Center
- Media
L i Alert Levels and Related Instructions
L i Evacuation Plan
L i Levee Inspection Team and Levee Issues
• high water table, sand boils, interior drainage, pumping stations,
seepage blankets
Other Flood Related Issues
• unprotected areas
Damage Estimates
Lessons Learned
• unified command
• communications technology
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• informing the public
• pumping plan
• staff involvement and care
Responding to questions from City Council, Public Works Director Don Vogt stated
that the first concern with Dubuque's levee is overtopping during flood events other than
spring snow melt and that Dubuque has several contingency plans.
There being no further business, upon motion the City Council adjourned at 6:07 p.m.
/s /Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEDINGS
REGULAR SESSION
The Dubuque City Council met in req�ular session at 6:30 p.m. on January 17, 2012 in
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the Historic Federal Building, 350 W. Street.
Present: Mayor Buol (via phone), Mayor Pro -Tem Jones; Council Members Connors,
Lynch, Resnick, Sutton; City Manager Van Milligen (via phone), Assistant City Manager
Steinhauser, City Attorney Lindahl
Absent: Council Member Braig,
Mayor Pro -Tem Jones read the call and stated this is a regular session of the City
Council to conduct such business that may properly come before the Council.
City Clerk Kevin Firnstahl introduced Assistant City Clerk Trish Gleason.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Connors. Motion carried 6 -0.
Minutes and Reports Submitted: City Council Proceedings of 1/3/12, Environmental
Stewardship Advisory Commission of 12/6/11 and 1/6/12, Safe Community Advisory
Committee of 12/14/11, Transit Advisory Board of 12/8/11, Zoning Advisory
Commission of 1/4/12, Proofs of Publication of City Council Proceeding of 12/19/11 and
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List of Claims and Summary of Revenues for Month Ending 11/30/11. Upon motion the
documents were received and filed.
Disposition of Claims and Suits: 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: Daniel Davis for vehicle damage, Jeffrey Glen Holt for
personal injury/property damage, Diane Streif for vehicle damage. Upon motion the
documents were received, filed and concurred.
Community Development Advisory Commission: Commissioner Hillary Stubben
submitting her resignation from the Community Development Advisory Commission.
Upon motion the document was received, filed and the resignation accepted.
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. Upon motion the documents were received, filed, and
approved.
Final Plat - Giese Subdivision: Zoning Advisory Commission recommending approval
of the Final Plat for Giese Subdivision (2225 Kerper Blvd.) as requested by IIW, P.C. /
CRDS Development subject to waiving the lot frontage requirement for Lot 1. Upon
motion the documents were received and filed and Resolution No. 13 -12 Approving the
Final Plat for Giese Subdivision in the City of Dubuque, Iowa, was adopted.
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. Upon motion the
documents were received, filed, and approved.
Pump Room Roof Replacement - Project Acceptance: City Manager is
recommending acceptance of the construction contract for the Pump Roof Replacement
Project, as completed by Jim Giese Commercial Roofing, in the final contract amount of
$92,193. Upon motion the documents were received and filed and Resolution No. 14 -12
Accepting the Pump Room Roof Replacement Project and authorizing the payment of
the contract amount to the contractor was adopted.
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. Upon motion the documents were received and filed.
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
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bulletin board computer. Upon motion the documents were received, filed, and
approved.
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.
Upon motion the documents were received, filed, and approved.
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. Upon motion the documents
were received, filed, and approved.
Alcohol License Applications and Renewals: City Manager recommending approval
of annual liquor, beer, and wine licenses as submitted. Upon motion the documents
were received and filed and Resolution No. 15 -12 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; and
Resolution No. 16 -12 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) 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 Connors. Motion carried 6 -0.
Caradco Landlord, LLC and Warehouse Development, LLC - Grant of Easement: City
Manager recommending 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. Upon motion the documents were received and filed and Resolution
No. 17 -12 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 was adopted setting a public hearing for
a meeting to commence at 6:30 p.m. on February 6, 2012 in the Historic Federal
Building.
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 29. Upon motion the documents were received and filed and Resolution No.
18 -12 Setting a public hearing on the Fiscal Year 2013 (Program Year 2012)
Community Development Block Grant (CDBG) Annual Action Plan was adopted setting
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a public hearing for a meeting to commence at 6:30 p.m. on February 29, 2012 in the
Historic Federal Building.
BOARDS /COMMISSIONS
Applicants were 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.
Community Development Advisory Commission: One 3 -year term through February
15, 2015 (expiring at -large term of Wainwright). Applicant: Thomas Wainwright, 1788
Lori Street (At- Large). Mr. Wainwright spoke in support of his appointment.
Appointments to the following Boards and Commissions:
Sister City Relationships Advisory Commission: 3 three -year terms through February
1, 2015 (expiring terms of Jochum, Mclntee, and McNamara). Applicants: Jeffrey
Jochum, 3750 Aerostar Drive; Phyllis Lee, 720 South Grandview Avenue (additional
applicant); Patrick McNamara, 1041 Shady Oaks Drive. Motion by Lynch to appoint
Jeffrey Jochum, Phyllis Lee and Patrick McNamara to the Sister City Relationships
Advisory Commission for 3 -year terms through February 1, 2015. Seconded by
Resnick. Motion carried 6 -0.
PUBLIC HEARINGS
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.
Motion by Connors remove from the table Seconded by Resnick. Motion carried 6 -0.
Motion by Connors to table until March 5, 2012. Seconded by Resnick. Motion carried
6 -0.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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
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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.
Motion by Connors to concur with the denial. Seconded by Resnick. Property owner
and developer Julie Cheung, 3150 Asbury Road, provided background information and
spoke in favor of the proposed rezoning. Planning Services Manager Laura Carstens
provided a staff report. Adjacent and area property owners Bill Kehler, 2205 Evergreen
Street; Dennis McDonough, 2270 Evergreen Street, Colleen Williams, 3151 Asbury
Road; Bob and Donna Shaw, 2210 Evergreen Street, Kathy Cruse, 2215 Evergreen
Street and Peter Sweeney, 2240 Graham Circle, spoke in opposition to the proposed
rezoning citing additional commercial traffic, safety, increased noise, garbage, and
decreased property values as issues. Council discussion determined that is was a
matter of spot zoning. Motion to deny carried 6 -0.
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. 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 Manager Laura Carstens provided staff report.
Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 1 -12
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. Seconded by Resnick. Motion carried 6 -0.
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. 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 Resnick. Planning Services Manager Laura
Carstens provided a staff report. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 2 -12
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. Seconded by Resnick. Motion carried 6 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
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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. Motion by Connors to receive and file the documents and adopt Resolution
No. 19 -12 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. Seconded by Lynch. City Manager Van Milligen and Budget Director
Jenny Larson provided information on the current status of the City's debt capacity.
Motion carried 6 -0.
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. 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 Resnick. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 3 -12
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. Seconded by Resnick. Motion carried 6 -0.
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. Motion by Lynch to receive and file the documents and adopt
Resolution No. 20 -12 Awarding the public improvement contract for the Purina Drive
Weigh Scale House Building Project. Seconded by Connors. Discussion included
concern over the disparity of costs for some bid components and local business
bidders. Responding to questions from City Council, City Manager Van Milligen and City
Attorney Lindahl address the law and policies related to choosing the lowest responsive
responsible bidder. Public Works Director Don Vogt stated that the department will
perform value engineering design on several project components to mitigate costs.
Motion carried 6 -0.
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. Motion by Lynch to receive and file the documents and schedule the work session
as requested. Seconded by Connors. Motion carried 7 -0.
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.
Motion by Connors to receive and file the documents and approve the recommendation.
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Seconded by Sutton. Responding to questions from City Council, City Manager Van
Milligen and Budget Director Jenny Larson provided information regarding the increase
in costs of health care and the JULE Transit System, which impact the budget and
precipitates an anticipated property tax increase.
There being no further business, upon motion the City Council adjourned at 8:28 p.m.
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Kevin S. Firnstahl
City Clerk
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