3 5 12 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, March, 5, 201.2, at 6:30 PM in the Historic Federal Building for
the purpose of conducting such business that may properly come before the City
Council.
Roy D. Buol, Mayor
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on March 5, 2012 in
the Historic Federal Building, 350 W. 6t Street.
Pre ent: Mayor ol; Council Members aig, Cgpr%rs, Jo , Lyn", ReArigk,
Su n; City Manager Van N,.illigen, City Attorney Lindahl
Absent:
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PRESENTATION(S)
1. Veterans' Memorial Plaza - Presentation of Photo
(Alp 0,r4/6 �t/�
CONSENT ITEMS
The consent agenda items are considered to be routine and non - controversial and all
consent items will be normally voted upon in a single motion without any separate
discussion on a particular item. If you would like to discuss one of the Consent Items,
please go to the microphone and be recognized by the Mayor and state the item you
would like removed from the 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
Relationships Advisory 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 1/31/12
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Gerald Hingtgen on behalf of Judy Hingten for personal injury.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
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: Gary Jameson
for property damage, Duane Koppes for vehicle damage, Thomas Ruff for property
damage, and Stephen Schreiner for vehicle damage.
Suggested Disposition: Receive and File: Concur
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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
Relationships Advisory 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 1/31/12
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Gerald Hingtgen on behalf of Judy Hingten for personal injury.
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
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: Gary Jameson
for property damage, Duane Koppes for vehicle damage, Thomas Ruff for property
damage, and Stephen Schreiner for vehicle damage.
Suggested Disposition: Receive and File: Concur
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)
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
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
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)
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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)
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
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
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)
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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
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
14. Healthy Homes and Lead Hazard Control
Correspondence from the U.S. Department of Housing and Urban Development
informing the City that it's 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
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
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
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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
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
19. Improvement Contracts / Performance, Payment and Maintenance Bonds
Purina Drive Weigh Scale House Building Project
Suggested Disposition: Receive and File
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
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
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 t ubuque 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)
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
Hunter Equity - Development Agreement — 3/19/12
Voluntary Annexation- 10924 Key West Drive — 3/19/12
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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 3 Resolution of 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
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 3/19/12
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 (Expirin rm of Takes)
Applicant: Betty Takes 1245 Dunleith Court /j
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 Herrig, 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
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Mechanical Board
2 three -year terms through March 16, 20'1 (Expiring terms of Grothe and Valaskey)
Applicants:
1. David Grothe, 2544 Elm Street; 2. Corey Valaskey, 1385 Alta Vista Street
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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.
Remove from Table
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Table to 4/16/12
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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
Develop nt.
ORDI dE
As reco ri nded by the Zoning Advisory Commission OR as recommended by the City
Manag r
Amen ng 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 4/16/12
SUSPEND THE RULES
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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)
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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 d Vacating a portion of Innovation Drive in the City of
Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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REINSTATE THE RULES
This action limits discussion to the City Council.
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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
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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 Additio in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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Nays
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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 7 J 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
ggested Disposition: Receive and File; Motion B; Motion A
Nays
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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
COU CIL MEMBER REPORTS
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PUBLIC INPUT
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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.
ADJOURNMENT
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/s /Kevin S. Firnstahl
City Clerk