3 5 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 3152012
Jones, Lynch, Resnick, Sutton, Brag, Buol, Connors
CITY OF DUBUQUE,IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street, Dubuque
March 5, 2012
Council meetings are video streamed live and archived at
wwwcdvofdubuaue ora /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel (analog) and 97 2 (digital)
REGULAR SESSION
630 PM
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PRESENTATION(S)
1 Veterans' Mernonal Plaza - Presentation of Photo
CONSENT ITEMS
The consent agenda Iterns 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
Airport Commission of 11/14/11, City Council Proceedings of 2/16, 2/20, 2/21, 2/23, and 2/27, Community Development Advisory
Commission of 2/15, Library Board of Trustees of 1/26 and 2/9, Long Range Planning Advisory Commission of 2/15, Sister City
RelationshipsAdvisory Commission of 2/8, Transit Advisory Board of 2/9
Library Board of Trustees Update from Meeting of 1/26/12
Proof of Publication for City Council Proceedings of 2/6, 2/9, and 2/16, and List of Claims and Summary of Revenues for Month Ended
1/31112
Suggested Disposdion Recenre and File
Airport Minutes City Council Proceedings 2/16 City Counal Proceedinds2 /20 City Council Proceedings 2/21 City Counal Proceedinas223
City Council Proceedmgs 2127 CDAC Minutes Library Minutes126 Library Minutes2/9 Sister City Minutes Library Update 1/26 Long
Range Planning Minutes Transit Board Minutes Proof - Council Proceedmgs 2i6 Proof - Council Proceedmgs 2/9 Proof - Counal
Proceedings 2/1 6 Proof - List of Claims,Revenues 1 /31t1 2
2 Notice of Claims and Suits
Gerald Hingtgen on behalf of Judy Hingten for personal injury
Suggested Disposdion Receive and Fula Refer to City Attorney
Hmdtden Claim
3 Disposdion of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
CommundiesAssurance Pool Gary Jameson for property damage, Duane Koppesforvehicle damage, Thomas Ruff for property
damage, and Stephen Schreiner for vehicle damage
Suggested Disposdion Receive and File Concur
ICAP Claims
4. Code of Ordinances - Adoption of Supplement No. 7
City Clerk recommending adoption of Supplement No 7 to the City of Dubuque Code of Ordinances
RESOLUTION Adopting Supplement No 7 to the Code of Ordinances of the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Staff Memo , Code Supplement No 7 Resolution,
5. Annual CLG Report to State Historic Preservation Office
City Manager recommending authorization for the Mayor to sign the 2011 Certified Local Government Annual Report for submittal to
the State Historical Society of Iowa
Suggested Disposition: Receive and File; Approve
2011 Certified Local Govemment Annual Report-MVM Memo, Laura Memo CLG Annual Report
6. Roshek Building Featured in National Park Service Brochure
City Manager transmitting the National Park Service's Federal Tax Incentives for Rehabilitating Historic Buildings Annual Report for
Fiscal Year 2011 featuring the Roshek Building
Suggested Disposition: Receive and File
Federal Tax Incentives 2011 Annual Report, Federal Tax Incentives 2011 Statistical Report and Analysis,
7. Grand River Center Exhibit Hall Carpet Replacement Project Acceptance
City Manager recommending acceptance of the The Grand River Center Exhibit Hall Carpet Replacement Project as completed by
Floor Show Companies in the final contract amount of $83,462
RESOLUTION Accepting the Grand River Center Exhibit Hall Carpet Replacement Project and authorizing the payment of the contract
amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
GRC Carpet- MVM Memo, Staff Memo , GRC Carpet- Resolution,
8. Mines of Spain Land & Water Conservation Fund Grant Application
City Manager recommending approval of the 2012 Land & Water Conservation Fund grant application in the amount of $175,000 to the
Iowa Department of Natural Resources for acquisition and development of the Bottoms property, a planned expansion of the Mines of
Spain state park
RESOLUTION Authorizing LWCF Grant application to Iowa Department of natural Resources for acquisition and development of the
E B Lyons Interpretive Area addition
Suggested Disposition: Receive and File; Adopt Resolution(s)
Mines of Spain LWCF Grant Application -MVM Memo, Laura Memo, LWCF grant application, resolution,
9. Golf Professional Position
City Manager recommending approval to create a Golf Professional part-time salaried employee within the Recreation Division budget
to comply with audit recommendations eliminating the contract position
Suggested Disposition: Receive and File; Approve
Golf Professional Position -MVM Memo, Staff Memo , Audit Information - Conflict Regarding Golf Professional, Job Description for Part-Time
Golf Professional,
10. Dubuque Jaycees - Veterans' Memorial Park Lease
City Manager recommending approval of a one -year agreement with the Dubuque Jaycees to operate a community garden at
Veterans' Memorial Park
Suggested Disposition: Receive and File; Approve
Jaycees Lease for Community Garden -MVM Memo, Staff Memo Lease with Jaycees for Community Garden
11. Final Plat - Wingate Place No. 5
City Manager recommending approval of the Final Plat of Wingate Place No 5
RESOLUTION Authorizing Approving the Final Plat of Wingate Place No 5 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Wingate Place No 5 Final Plat -MVM Memo, Laura Memo, applicant materials, staff report, resolution ,
12. Comprehensive Traffic Analysis - 9th Street & 11th Street One -Way to Two -Way Conversion
City Manager recommending that a work session be set for April 2, 2012, at 5 30 p m to discuss the preliminary findings of the 9th
Street and 11th Street one -way to two -way conversion study and the analysis of existing traffic signal timings in the Downtown Central
Business District
Suggested Disposition: Receive and File; Approve
9th St & 11th Street Work Session Request -MVM Memo, 9th Street & 11th Street Traffic Study - Staff Memo
13. Dubuque Metropolitan Area Solid Waste Agency
Correspondence from the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) transmitting the Agency's Fiscal Year 2013
budget and fee schedule as approved by the DMASWA Board of Directors
Suggested Disposition: Receive and File
DMASWA Letter,
14. Healthy Homes and Lead Hazard Control
Correspondence from the U S Department of Housing and Urban Development informing the City that its Healthy Homes and Lead
Hazard Control Grant Program has received a Green Designation and that the program's overall performance is outstanding
Suggested Disposition: Receive and File
Healthy Homes Letters,
15. Dubuque Drug Task Force Civilian Staff
City Manager recommending that the City contribute 50 percent of the wages and benefits for the Grant Coordinator position in the
Dubuque Drug Task Force for Fiscal Year 2013 and Dubuque County would pay the remaining 50 percent
Suggested Disposition: Receive and File; Approve
Dubuque Drug Task Force Civilian Staff -MVM Memo, Staff memo,
16. Request for Proposals - Alarm Panel Monitoring
City Manager recommending issuance of a Request for Proposals for providing alarm monitoring equipment at the Dubuque
Communications Center
Suggested Disposition: Receive and File; Approve
Alarm Panel Monitonnq RFP -MVM Memo Staff Memo Alarm Panel - Additional Staff Memo Alarm Panel RFP
17. Revisions to Park Pavilion Rental Fees
City Manager recommending approval of the changes to park pavilion rentals for the 2012 season as recommended by the Park and
Recreation Commission
Suggested Disposition: Receive and File; Approve
Park Pavilion Rental Revisions -MVM Memo, Approve Revisions to Park Pavilion Rental Fees,
18. Mines of Spain Master Plan Update - Bottoms Property
City Manager transmitting an update on the Mines of Spain master plan process being undertaken by the Iowa Department of Natural
Resources for the Bottoms property, a planned expansion of the state park and requesting that the City Council provide any comments
or reactions to the draft master plan concept(s) and survey results
Suggested Disposition: Receive and File
Bottoms Property Update -MVM Memo Laura Memo, supporting documentation
19. Improvement Contracts I Performance, Payment and Maintenance Bonds
Purina Drive Weigh Scale House Building Project
Suggested Disposition: Receive and File
Scale House Contract,
20. Tobacco Compliance - Civil Penalty for Tobacco License Holders
City Manager recommending approval of the Tobacco Compliance Settlement Agreement for a 1st offense with Kohinoor Grocers,
1198 White Street
Suggested Disposition: Receive and File; Approve
Kohinoor Tobacco Settlement -1st Offense -MVM Memo, Police Memo, Settlement Agreement,
21. Tobacco Compliance - Civil Penalty for Tobacco License Holders
City Manager recommending approval of the Tobacco Compliance Settlement Agreement for a 2nd offense with Kohinoor Grocers,
1198 White Street
Suggested Disposition: Receive and File; Approve
Kohinoor Grocers Tobacco Settlement -2nd offense -MVM Memo, Police Memo, Agreement Copy,
22. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as submitted
RESOLUTION 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)
Liquor License Renewals -MVM Memo Police Memo, 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. Hunter Equity - Development Agreement
City Manager requesting that a public hearing be set for March 19, 2012, on the disposition of approximately 12 4 acres in the
Dubuque Industrial Center West to Hunter Equity, LLC for construction of an 80,000 sq ft distribution center for Fed -Ex
RESOLUTION Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council
of the City of Dubuque, Iowa on the proposed and the execution of a development agreement relating thereto with Hunter Equity, LLC
and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 3/19/12
Hunter Equity Development Agreement -MVM Memo, Staff Memo, DICW Map, Resolution, Final Plat, Hunter Equity Development Agreement
2. Voluntary Annexation- 10924 Key West Drive
City Manager recommending that a public hearing be set for March 19, 2012 on the annexation request by Catherine C
Christopherson for 10924 Key West Drive
RESOLUTION Approving application for voluntary annexation of territory to the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s); Public Hearing 3119112
Christopherson Annexation Request -MVM Memo Staff Memo Exhibits A & B Resolution,
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.
Civil Service Commission (Mayor appointment)
1 three -year term through April 6, 2015 (Expiring term of Takes)
Applicant Betty Takes 1245 Dunleith Court
Proof of publication on 30 -day notice of list of applicants
This commission is subject to the State of Iowa Gender Balance Law
Appointments to the following commissions to be made at this meeting.
Cable TV Commission (New Commission)
7 three -year staggered terms consisting of 3 terms through July 1, 2014, and 4 terms through July 1, 2015
Applicants
1 George Herng, 2395 W 32nd Street
2 Sr Carol Hoverman, 1555 White Street
3 Pauline Maloney, 506 St George Street
4 Kevin Stevens, 2016 Golden Eagle Drive
5 Jennifer Tigges, 4927 Wild Flower Drive
6 Alan Vincent, 1010 Dunham Drive
Mechanical Board
2 three -year terms through March 16, 2012 (Expiring terms of Grothe and Valaskey)
Applicants
1 David Grothe, 2544 Elm Street
2 Corey Valaskey, 1385 Alta Vista Street
Boards Overview Sheet Boards Latest Listing, Cable TV Applications, Civil Servivce Applications, Mechanical Board Applications, Boards
Overview Sheet Boards Latest Listing, Gender Balance - City Breakdown Gender Balance Q &,A Sheet Gender Balance Law, Proof -
Civil Service Applicants,
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 January 17, 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
Correspondence from Peter Arling, O'Connor & Thomas Law Firm, requesting that the request be tabled to the April 16, 2012 City
Council meeting
Correspondence from Tri -State Trail Vision, requesting the City Council deny the request
City Manager recommending additional amendments to the Asbury Plaza Planned Unit Development
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; Receive and File, Table to 4116112
Asbury Plaza PUD -MVM Memo, Richardson PUD Request to Table 4 16 12, Request to Table Correspondence, Request to Table - Letter,
attorney letter, Map Asbury Plaza Public Easements MVM PUD Ordinance Amendment ZAC letter to council application form vicinity map
renderings, conceptual plans staff memo aenal views City Code, Traffic Study ordinance Proof of Publication 12 19 11, Proof of Publication
1 17 11, Tn -State Trail Opposition Letter, Suggested Motion,
2. Flint Hills Resources Pine Bend, LLC - Lease Agreement
Proof of publication on notice of public hearing to consider approval of a riverfront lease agreement between the City of Dubuque,
Iowa, and Flint Hills Resources Pine Bend, LLC and the City Manager recommending approval
RESOLUTION Approving the disposal of an interest in real property owned by the City of Dubuque by lease between the City of
Dubuque, Iowa And Flint Hills Resources Pine Bend, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
Flint Hills Resources Lease -MVM Memo, Staff Memo, Resolution Flint Hills Lease Agreement, February 20, 2012 Agenda Item,
3. Vacating Petition - Portion of Innovation Drive
Proof of publication on notice of public hearing to consider a request by the City of Dubuque to vacate a portion of Innovation Drive,
that the vacated portion (Lot 2 -B) be combined with City property to the east for final platting, and that easements for utilities be
reserved over the entire vacated area and the City Manager recommending approval
RESOLUTION Vacating a portion of Innovation Drive in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Innovation Drive Vacate -MVM Memo, Vacating Petition - Innovation Dnve, Staff Memo Vacating Petition - Innovation Drive, Vacate Resolution,
Vacating Petition - Innovation Drive, 02 -20 -12 Council
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. Greater Dubuque Development Corporation - What's NEXT? 2017 Campaign
Executive Director Rick Dickinson to provide a verbal presentation on Greater Dubuque Development Corporation's What's NEXT?
2017 Campaign
Suggested Disposition: Receive and File
What's NEXT? 2017 Brochure,
2. Final Plat - Dubuque Industrial Center North Second Addition
City Manager recommending approval of the Final Plat of Dubuque Industrial Center North Second Addition and authorize the Mayor
and City Clerk to sign on behalf of the City of Dubuque as owner and as platting authority
RESOLUTION Approving the Final Plat of Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Dubuque Industnal Center North 2nd Addition -MVM Memo, Staff memo, applicant materials, Staff matenals, Resolution ,
3. Code of Ordinances - Vacant and Abandoned Buildings Update
City Manager recommending approval of an update to the Vacant and Abandoned Buildings Ordinance to incorporate the use of the
International Property Maintenance Code, and to update the definitions of abandoned buildings and vacant buildings
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 4 Licensing of Vacant
and /or Abandoned Buildings, Section 1 Definitions and Section 1- Relationship of License to Other Codes by Incorporating Use of the
International Property Maintenance Code and Updating the Definitions of Abandoned and Vacant Buildings
Suggested Disposition: Receive and File; Motion B; Motion A
VAB Ordinance Update -MVM Memo Staff Memo Vacant and Abandoned Building Ordinance Suggested Motion
4. City of Dubuque Support for Commercial Property Tax Reform
City Manager submitting letters of support for commercial property tax reform to legislative representatives
Suggested Disposition: Receive and File; Approve
Legislative Representatives Letter on Property Tax Reform, List of Legislators to Receive Letter, Iowa Fiscal Partnership Policy Brief, Senate
File 522 vs House File 2274,
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