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Proof of Publication_City Council Proceedings 1 17 12fated Instructions age, Jeffrey Glen Holt Capital Grant for Ac- vestments, LLC to $4,380,000 General Ob- o Evacuation Plan for personal injury/ cess Equipment and amend the Asbury Pla- ligation Urban Renewal o Levee Inspection property damage, Di- Facilities in the amount za Planned Unit Devel- Bonds Series 2012A Team and Levee Issues ane 5treif for vehicle of $11,000 for Loras opment to allow for a and $7,495,000 General ' high water table, damage. Upon motion College for a Carousel right -in /right -out ac- Obligation Bonds Ser- sand boils, interior the documents were bulletin board graphics cess to the Northwest ies 2012B, approving drainage, pumping sta- received, filed and con- system and $12,500 for Arterial and to amend electronic bidding ora- tions, seepage blan- curved. the City of Dubuque to the list of permitted cedures, and authoriz- kets Community Develop- replace the audience uses, height and sign ing distribution of a o Other Flood Related ment Advisory Com- TV bulletin board com- regulations and the Preliminary Official issues mission: Commissioner outer. Upon motion the Zoning Advisory Com- Statement. Seconded ' unprotected areas Hillary Stubben sub- documents were re- mission recommending by Lynch. City Manager o Damage Estimates mittirrg her resignation ceived, filed, and ap- approval. Van Milligen and Budg- o Lessons Learned from the Community proved City Manager recom- et Director Jenny Lar- unified command Development Advisory communications Commission. Upon mo- technology tion the document was " informing the public received, filed and the pumping plan resignation accepted. staff involvement Change in Position and care Title /Duties: City Man - Responding to ques- ager recommending tions from City Council, approval to eliminate Public Works Director one Maintenance - Don Vogt stated that worker position and the first concern with create one Assistant Dubuque's levee is Horticulturist position overtopping during in the Leisure Services flood events other than Department. Upon mo- spring snow melt and tion the documents that Dubuque has sev- were received, filed, eral contingency plans. and approved. There being no fur- Final Plat - Giese Sub - ther business, upon division: Zoning Advi- motion the City Council sory Commission rec- adjourned at 6:07 p.m. ommending approval /s /Kevin 5. Firnstahl of the Final Plat for City Clerk Giese Subdivision (2225 CITY OF DUBUQUE, Kerper Blvd.) as re- IOWA by IIW, P.C. / CITY COUNCIL CRDS Development PROCEDINGS subject to waiving the REGULAR SESSION lot frontage require - The Dubuque City ment for Lot 1. Upon Council met in regular motion the documents session at 6:30 p.m. on were received and filed January 17, 2012 in the and Resolution No. 13- Smarter Travel Re- rnending additional son provided informa- cruitment Plan and amendments to the As- tion on the current sta- Budget: City Manager bury Plaza Planned lus of the City's debt recommending appro- Unit Development. cap? :sty. Motion car val of funding for a Correspondence from ried 6 -0. plan to recruit 1,000 O'Connor & Thomas on 2011 National Electri- volunteers for the behalf of the developer cal Code: City Manager Smarter Travel Pilot requesting the item be recommending adop- Project. Upon motion tabled to March 5, tion of the 2011 edition the documents were 2012. pf the National Electri- received, filed, and ap- Motion by Connors re- cal Code, which will proved. move from the table keep the City of Dubu -' Baskets for Bee Seconded by Resnick. que's electrical ordi- Branch and . Historic Motion carried 6 -0. Mo- nance consistent with Millwork District and tion by Connors to ta- the State of Iowa's re- Annual Flowers in ble until March 5, 2012. quirements. Motion by Washington Street Di- Seconded by Resnick. Connors to receive and viders: City Manager Motion carried 6-0. file the documents and recommending allocat- Upon motion the rules that the requirement ing resources so that were suspended allow- that a proposed ordi- the baskets and plant- ing anyone present to nance be considered ers to be used in the address the City Coun- and voted on:for pas - lower Bee Branch and cil. sage at two Council Historic Millwork Dis- Request to Rezone - meetings prior to the trict can start this 3150 Asbury Road: meeting at which it is IOWA q spring, instead of wait- Proof of publication on to be passed be sus- , ing until 2013. Upon notice of public hear- pended. Seconded by motion the documents ing to consider a re- Resnick. Motion car - were received, filed, quest from Julie ried 6 -0. and approved. Cheung and Alex Motion by Connors for Alcohol License Appli- Fursoy to rezone prop- final consideration and cations and Renewals: erty from R -1 Single - City Manager recom - CITY OF DUBUQUE, Historic Federal Build- 12 Approving the Final mending approval of IOWA ing, 350 W. 6th Street. Plat for Giese Subdivi- annual liquor, beer, CITY COUNCIL Present: Mayor Buol sion in the City of Du- and wine licenses as PROCEEDINGS (via phone), Mayor buque, Iowa, was submitted. Upon mo- SPECIAL SESSION Pro -Tem Jones; Council adopted. tion the documents The Dubuque City Members Connors, Gro1000 Garden and were received and filed Council met in special Lynch, Resnick, Sutton; Green Space Grant Ap- and Resolution No. 15- session at 5:30 p.m. on City Manager Van plication: City Manager 12 Approving the issu- January 17, 2012 in the Milligen (via phone), recommending appro- ance of a Class "C" Historic Federal Build- Assistant City Manager val to submit a Gro1000 Beer /Liquor License to ing, 350 W. 6th Street. Steinhauser, City Attor- Garden and Green Hy -Vee C -Store #1 + Present: Mayor Pro- ney Lindahl Space grant applica- (Sunday Sale), The Tem, Jones; Council Absent: Council Mem- tion in the amount of Lounge + (Sunday Members Connors, ber Braig, $25,000 (cash and in- Sale), Taiko Japanese Lynch, Resnick, Sutton; Mayor Pro -Tem Jones kind). The funds will be Restaurant + (Sunday Assistant City Manager read the call and stat- used to purchase a Sale), and Mario's Ital- Steinhauser, City Attor- ed this is a regular ses- greenhouse that would ian Restaurant; and ney Lindahl sion of the City Council extend both ends of Resolution No. 16 -12 Absent: Mayor Buol, to conduct such busi- the growing season for Approving the issuance Council Member Braig, ness that may properly the Mission garden. of a Class "B" Beer Per - City Manager Van come before the Coun- Upon motion the docu- mit to Hy -Vee C -Store Milligen cil. ments were received, #1 + (Sunday Sale), Mayor Pro -Tem Jones City Clerk Kevin filed, and approved. Pizza Hut # 4691 + read the call and stat- Firnstahl introduced Pump Roorn Roof Re- (Sunday Sale), and Piz- property owners Bill public improvement ed this is a special ses- Assistant City Clerk placement - Project Ac- za Flut # 4690 + (Sun- Kahler, 2205 Evergreen contract for the Purina sion of the City Council Trish Gleason. ceptance: City Manag- day Sale) were adopt- Street; Dennis McDon- Drive Weigh Scale to conduct a work ses- PLEDGE OF er is recommending ed. ough, 2270 Evergreen House Building Project. sion the 2011 flood ALLEGIANCE acceptance of the con- ITEMS TO BE SET FOR Street, Colleen Wil- Seconded by Connors. fighting activities of MOMENT OF SILENCE struction contract for PUBLIC HEARING liams, 3151 Asbury Discussion included the City of Council CONSENT ITEMS the Pump Roof Re- Motion by Lynch to Road; Bob and Donna concern over the dis- Bluffs. Motion by Lynch to placement Project, as receive and file the Shaw, 2210 Evergreen parity of cost for some wont SESSION receive and file the completed by Jim documents, adopt the Street, Kathy Cruse, bid components and lo- Council Bluffs 2012 documents, adopt the Giese Commercial resolutions, set the 2215 Evergreen Street cal business bidders. Flood Fighting resolutions, and dis- Roofing, in the final public hearings as indi- and Peter Sweeney, Responding to ques- Activities pose of as indicated. contract amount of cated, and direct the 2240 Graham Circle, tions from City Council, Street Maintenance Seconded by Connors. $92,193. Upon motion City Clerk to publish spoke in opposition to City Manager Van Supervisor John Motion carried 6 -0. the documents were notice as prescribed by the proposed rezoning Milligen and City Attor- Klostermann provided Minutes and Reports received and filed and law. Seconded by Con- citing additional com- ney Lindahl address information and a slide Submitted: City Coun- Resolution No. 14 -12 nors. Motion carried 6 -0. mercial traffic, safety, the law and policies re- presentation on the cil Proceedings of Accepting the Pump Caradco Landlord, increased noise, gar- lated to choosing the flood-fighting activities 1/3/12, Environmental Room Roof Replace- LLC and Warehouse bage, and decreased lowest responsive re- of the City of Council Stewardship Advisory merit Project and au- Development, LLC - property values as is- - sponsible bidder. Pub - Bluffs during the flood Commission of 12/6/11 thorizing the payment Grant of Easement: sues. Council discus- lie Works Director Don of 2011. and 1/6/12, Safe Corn- of the contract amount City Manager recom- sion determined that is Vogt stated that the Site visit to Council munity Advisory Corn- to the contractor was mending that a public was a matter of spot department will per - Bluffs from Dubuque mit ee of 17/14/11, adopted. hearing be set for Feb- zoning. Motion to deny form value engineering and Iowa City staff Transit Advisory Board Signed Contracts: A) ruary 6, 2012 to consid- carried 6 -0. design on several proj- June 30, 2011 and re- of 12/3/31, Zoning Ad- Tournament cart rental er granting an ease- Text Amendment - ect components to mit- view of: Incident Corn - visory Commission of agreement with Harris rnent across Washing- Complete Streets Poli- igaie costs. Motion rnanci Center, Levee 1/ti, Proofs of Publica- Golf Carts for 2012, 13) ton Street to accorm cy: Proof of publication carried 6 -0. System, Pumping Sr?- :ion of Ciiy Council Stand Associates modate private service on notice of public Convention and Visi- tions, seepage Blanket Proceeding of 32_/13/11 Agreement Amend- lines for fiber, televi- hearing to consider a tors Bureau Request Installations. Topics in- and List of Claims and merit 1 for Water Poll!- siori, povver, telephone, request by the City of for Work Session: Con eluded: 311iiur,ai y of Ce'• c nres lion COriti 01 Plant Prot- cable, and future neecls Di.ibugne to consider a venlior1 and Visitors - Flood Issues and for lviontit Ending :ci Cogeneration le- for the Ca.radco Land- Text Amendment to Bureau executive Bi- `;ysfern Cornpansons 11/30/11. Upon illation edifies. llpon motion lord LLC & Warehouse Section 1G- J-1 -15(k) rector Keith Rahe re- Partnerships with the documents wee Ilse documents were Development LLC, Streets of the Unified questing that the arum- , city, state and federal receivers and filed. received and filed. property which is in Developinent Code to al Conventional and agencies Disposition of Claims PEG Capii.al Grant Ex- process of renovation incorporate a Com- Visitors Bureau work Pre -Flood Activities and Suits: City Attor- penditure Request: at 900 Jackson Slreei. plete Streets Policy. session for Fiscal Year o Flag System ney advising that the Ciiy Manager recorn- Upon motion the docu- ivlotion by Connors to 2013 be set for 5:30 __ -...._ „.. „r ,»o„t, ,Here received receive and file the p.m. on February 6, Family Residential Dis- trict to OC Office Com- mercial District and the Zoning Advisory Corn• mission recommending denial. Citizen correspond- ence from John Dona- hue 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 back- ground information and spoke in favor of the proposed rezoning. Planning Services Man- ager Laura Carstens provided a staff report. Adjacent and area passage of Ordinance No. 3-12 Amending City of Dubuque Code of Or- dinances Title 14 Build- ing and Development, Chapter 1 Building Co- des, 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 recommend- ing award of the con- tract 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 STATE OF I l WA {SS© DU 1 U UE C UNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 25, 2012, and for which the charge is $184.64. Subscribed to before me, allotary Public in and for Dubuque County, Iowa, this day of - f , 20 Notary Public in and for Dubuque County, Iowa. Litters Connors, Lund, Resnick, Sutton: Assistanf City Manager Sterehauser- City Attor- ney Lindahl Absent: Mayor Buol, Council Member Braig, City ;;/:r -i.ger Van 1 illigen Mayor Prc -Tern Jones read the call and stat- ed this is a special ses- sion of the City Council to conduct a work ses- sion the 2011 flood fighting activities of the City of Council Bluffs. 2r) Si O'SSOWS'51 Sla'ario2 Rfai 0e 2001 :Blood Eilligfratietg Street Maintenance Supervisor John Klosterman;: 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 re- view of: Incident Com- mand Center, Levee System, Pumping Sta- tions, Seepage Blanket installations. Topics in- cluded: Flood issues and System Comparisons Partnerships with city, state and federal agencies Pre -Flood /Activities o Flag System o Sandbagging Opera- tions o HESCO Floodwall System o incident Corninano Center o !Media o Alert Levels and Re- /Ierr- e! 3; a, Mayes c - -em Jones read dee end and stat- ed tais is a regular ses- sion. or 0-;2 City Council to Cori' -,at such busi- ness that may properly cane be''ere the Coun- cil. City Clerk Kevin Firnstahl introduced Assistant City Clerk Trish Gleason. 2i.''s10E. CIF J 7F 1" cal- SOLE210E 01iBTEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. /lotion carried 6 -0. Minutes and Reports Submitted: City Coun- cil Proceedings of 1/3/12, Environmental Stewardship Advisory Commission of 12/6/11 and 1/6/12, Safe Com- munity Advisory Com- mittee of 12/14/11, Transit Advisory Board of 12/8/11, Zoning Ad- visory Commission of 1/4, Proofs of Publica- ton of City Council Proceeding of 12/19/11 and Lis of Claims and Summary of Revenues or iliionthh Ending 11/30/11. Upon motion the documents were received and filed. Disposiitlon of Claims and Suits City Attor- ney advising that the Follcwif(j (;aims have been re;2rred to Public Entity Risk Services of !owed the agent for the Iowa Communities As- surance Pool: Daniel Davis fr.r vehicle dam- Jcl-C lj■ c cIJ J 1-c.- :ion 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 docu- ments were received, filed, and approved. Pump Room Roof Re- placement - Project Ac- ceptance: City Manag- er is recommending acceptance of the con- struction contract for the Pump Roof Re- placement 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 Replace- ment Project and au- thorizing 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 Amend- ment 1 for Water Pollu- tion Control Plant Proj- ect Cogeneration Fa- cilities. Upon motion the documents were received and filed. PEG Capital Grant Ex- penditure Request: City Manager recom- mending approval of the Cable TV Tele- Programming Commis- sion recommendations for funding from the Public, Educational, and Government (PEG) Lounge - ;Sunday Sale), Taito Japanese Restaurant + (Sunday Sale), and Mario's Ital- ian Restaurant; and Resolution No. 16 -12 Approving the issuance of a Class "B" Beer Per- mit to Hy -Vee C -Store #1 + (Sunday Sale), Pizza Hut # 4691 + (Sunday Sale), and Piz- za Hut # 4690 + (Sun- day Sale) were adopt- ed. 51-EMS Ti EE SET FOR PIUELOC MEARBIG Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Con- nors. Motion carried 6 -0. Caradco Landlord, LLC and Warehouse Development, LLC - Grant of Easement: City Manager recom- mending that a public hearing be set for Feb- ruary 6, 2012 to consid- er granting an ease- ment across Washing- ton Street to accom- modate private service lines for fiber, televi- sion, power, telephone, cable, and future needs for the Caradco Land- lord LLC & Warehouse Development LLC, property which is in process of renovation at 900 Jackson Street. Upon motion the docu- ments were received and filed and Resolu- tion No. 17 -12 Resolu- tion of Intent to dis- pose of City interest by Grant of Easement for private utility to Caradco Landlord, LLC & Warehouse Develop- ment, LLC of Dubuque for an underlying por- tion of Washington Street was adopted setting a public hear- ing 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 recommend- ing the FY 2013 Annual Action Plan be included in the City budget and a public hearing be scheduled with the Housing and Communi- ty Development De- partment budget work session on February 29th. Upon motion the documents were re- ceived and filed and Resolution No. 18 -12 Setting a public hear- ing on the Fiscal Year 2013 (Program Year 2012) Community, De- velopment Block Grant (CDBG) Annual Action Plan was adopted set- ting a public hearing for a meeting to com- mence at 6:30 p.m. on February 29, 2012 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/ Commissions; appli- cant appointments will be made at the next City Council meeting. Community Develop- ment Advisory Com- mission: One 3 -year term through February 15, 2015 (expiring at- large term of Wain- wright). 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 Relation- ships Advisory Com- mission: 3 three -year terms through Febru- ary 1, 2015 (expiring, terms of Jochum, Mclntee, and Mc- Namara). Applicants: Jeffrey Jochum, 3750 Aerostar Drive; Phyllis Lee, 720 South Grand- view Avenue (addition- al applicant); Patrick McNamara, 1041 Shady Oaks Drive. Motion by Lynch to appoint Jef- frey Jochum, Phyllis Lee and Patrick McNamara to the Sis- ter City Relationships Advisory Commission for 3 -year terms through February 1, 2015. Seconded by Resnick. Motion car- ried 6 -0. PUBLIC HEARINGS - Request to Amend Planned Unit Develop- ment - Asbury Plaza (Tabled from Decem- ber 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 In- JC UUIIUCU IlV i<C�IVII, n. Property owner and developer Julie Cheung, 3150 Asbury Road, provided back- ground information and spoke in favor of the proposed rezoning. Planning Services Man- ager Laura Carstens provided a staff report. Adjacent and area property owners Bill Kahler, 2205 Evergreen Street; Dennis McDon- ough, 2270 Evergreen Street, Colleen Wil- liams, 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 com- mercial traffic, safety, increased noise, gar- bage, and decreased property values as is- sues. Council discus- sion determined that is was a matter of spot zoning. Motion to deny carried 6 -0. Text Amendment - Complete Streets Poli- cy: 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 Com- plete 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. Sec- onded by Lynch. Plan- ning Services Manager Laura Carstens provid- ed staff report. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 1 -12 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment 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 Plan- ned Unit Development (PUD) Conceptual De- velopment Plan to al- low for an Intermodal Center and an 80 -space surface parking lot and the Zoning Advisory Commission recom mending approval. Mo- tion by Connors to re- ceive and file the docu- ments and that the re- quirement that a pro- posed 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. Sec- onded by Resnick. Planning Services Man- ager Laura Carstens provided a staff report. Motion carried 6 -0. Motion by Connors for final consideration and passage of Ordinance No. 2 -12 Amending Ti- tle 16, the Unified De- velopment Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 20 -10 which establish- ed regulations for a PUD Planned Unit De- velopment District with a Planned Commercial Designation for the Historic Millwork Dis- trict PUD and now be- ing amended to allow for the Intermodal Cen- ter and an 80 -space surface parking lot. Seconded by Resnick. Motion carried 6 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS General Obligation Ur- ban Renewal Bonds Series 20124 and Gen- eral Obligation Bonds Series 2012B: City Man- ager recommending advertisement for the sale of the $4,380,000 General Obligation Ur- ban Renewal Bonds, Series 2012A and $7,495,000 General Ob- ligation 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 ad- vertisement for sale of r ?roiect ,- art. a; Manager recommend- ing award of the con- tract to the low bidder, Stumpf Construction, in the amount of 0156,698.80. 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 dis- parity of cost for some bid components and lo- cal business bidders. Responding to ques- tions from City Council, City Manager Van Milligen and City Attor- ney Lindahl address the law and policies re- lated to choosing the lowest responsive re- sponsible bidder. Pub- lic Works Director Don Vogt stated that the department will per- form value engineering design on several proj- ect components to mit- igate costs. Motion carried 6 -0. Convention and Visi- tors Bureau - Request for Work Session: Con- vention and Visitors Bureau Executive Di- rector Keith Rabe re- questing that the annu- al 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 sched- ule the work session as requested. Seconded by Connors. Motion carried 7 -0. Fiscal Year 2013 Budg- et and Fiscal Policy Guidelines: City Man- ager recommending adoption of the Fiscal Year 2013 Budget Poli- cy Guidelines. The guidelines reflect City Council direction given as part of the August 24 and 25, 2011, goal setting sessions. Mo- tion by Connors to re- ceive and file the docu- ments and approve the recommendation. Sec- onded 'by Sutton. Re- sponding 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 precipi- tates an anticipated property tax increase. There being no fur- ther business, upon motion the City Council adjourned at 8:28 p.m. Kevin 5. Firnstahl City Clerk It 1/25