Proof of Publication_City Council Proceedings 3 5 12up 9 T utrairmaL
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. 6th
Street.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager Van
Milligen, City Attorney
Lindahl
Mayor Buol read the
call and stated this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the
Council.
PLEDGE OF
ALLEGIANCE
MOMENT OF SILENCE
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Resnick.
Motion carried 7 -0.
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 Relation-
ships Advisory Com-
mission 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 Sum-
mary of Revenues for
Month Ended 1/31/12
Upon motion the
documents were
received and filed.
Notice of Claims and
Suits: Gerald Hingtgen
on behalf of Judy
Hingten for personal
injury. Upon motion the
documents were
received, filed and
referred to the City
Attorney.
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
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STATE OF IOWA {SS:
DUBUQUE COUNTY
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: March 14, 2012, and for which the charge is $224.94.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this n'a day of , 20 l
Notary Public in and for Dubuque County, Iowa.
' MARY P <. \NEST
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. 6th
Street.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager Van
Milligen, City Attorney
Lindahl
Mayor Buol read the
call and stated this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the
Council.
PLEDGE OF
ALLEGIANCE
MOMENT OF SILENCE
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Resnick.
Motion carried 7 -0.
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 Relation-
ships Advisory Com-
mission 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 Sum-
mary of Revenues for
Month Ended 1/31/12
Upon motion the
documents were
received and filed.
Notice of Claims and
Suits: Gerald Hingtgen
on behalf of Judy
Hingten for personal
injury. Upon motion the
documents were
received, filed and
referred to the City
Attorney.
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. Upon
motion the documents
were received, filed
and concurred.
Code of Ordinances -
Adoption of Supple-
ment No. 7: City Clerk
recommending adop-
tion of Supplement No.
7 to the City of
Dubuque Code of
Ordinances. Upon
motion the documents
were received and filed
and Resolution No. 60-
12 Adopting Supple-
ment No. 7 to the Code
of Ordinances of the
City of Dubuque, Iowa,
was adopted.
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. Upon
motion the documents
were received, filed,
• and approved.
Roshek Building
Featured in National
Park Service Brochure:
City Manager transmit-
ting the National Park
Service's Federal Tax
Incentives for Reha-
bilitating Historic Build-
ings Annual Report for
Fiscal Year 2011
featuring the Roshek
Building. Upon motion
the document was
received and filed.
Grand River Center
Exhibit Hall Carpet
Replacement Project
Acceptance: City
Manager recommend-
ing 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. Upon
motion the documents
were received and filed
and Resolution No. 61-
12 Accepting the Grand
River Center Exhibit
Hall Carpet Replace-
ment Project and
authorizing the pay-
ment of the contract
amount to the con-
tractor was adopted.
Mines of Spain Land &
Water Conservation
Fund Grant Applica-
tion: City Manager
recommending appro-
val of the 2012 Land &
Water Conservation
Fund grant application
in the amount of
$175,000 to the Iowa
Department of Natural
Resources for acqui-
sition and development
of the Bottoms
property, a planned
expansion of the Mines
of Spain State Park.
Upon motion the
documents were
received and filed and
Resolution No. 62 -12
Authorizing LWCF
Grant application to
the Iowa Department
of Natural Resources
for acquisition and
development of the
E.B. Lyons Interpretive
Area addition was
adopted.
Golf Professional Posi-
tion: City Manager
recommending appro-
val to create a Golf
Professional part-time
salaried employee
within the Recreation
Division budget to
comply with audit
recommendations elim-
inating the contract
position. Upon motion
the documents were
received, filed, and
approved.
Dubuque Jaycees -
Veterans' Memorial
Park Lease: City Man-
ager recommending
approval of a one -year
agreement with the
Dubuque Jaycees to
operate a community
garden at Veterans'
Memorial Park. Upon
motion the documents
were received, filed,
and approved.
Final Plat - Wingate
Place No. 5: City
Manager recommend-
ing approval of the
Final Plat of Wingate
Place No. 5. Upon
motion the documents
were received and filed
and Resolution No. 63-
12 Authorizing Approv-
ing the Final Plat of
Wingate Place No. 5 in
the .City of Dubuque,
Iowa, was adopted.
Comprehensive Traf-
fic Analysis - 9th Street
& 11th Street One -Way
to Two -Way Conver-
sion: 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. Upon
motion the documents
were received, filed,
and approved.
Dubuque Metropo-
litan Area Solid Waste
Agency: Correspon-
dence 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. Upon
motion the documents
were received and
filed.
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 out-
standing. Upon motion
the documents were
received and filed.
Dubuque Drug Task
Force Civilian Staff:
City Manager recom-
mending 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.
Upon motion the
documents were
received, filed, and
approved.
Request for Proposals
- Alarm Panel Moni-
toring: City Manager
recommending issu-
ance of a Request for
Proposals for providing
alarm monitoring
equipment at the
Dubuque Communi-
cations Center. Upon
motion the documents
were received, filed,
and approved.
Revisions to Park
Pavilion . Rental Fees:
City Manager recom-
mending approval of
the changes to park
pavilion rentals for the
2012 season as
recommended by the
Park and Recreation
Commission. Upon
motion the documents
were received, filed,
and approved.
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. Upon motion
the documents were
received and filed.
Improvement Con-
tracts / Performance,
Payment and Mainte-
nance Bonds: Purina
Drive Weigh Scale
House Building Project.
Upon motion the
document was re-
ceived and filed.
Tobacco Compliance -
Civil Penalty for
Tobacco License
Holders: City Manager
recommending appro-
val of the Tobacco
Compliance Settlement
Agreement for a first
offense with Kohinoor
Grocers, 1198 White
Street. Upon motion
the documents were
received, filed, and
approved.
Tobacco Compliance -
Civil Penalty for
Tobacco License Hold-
ers: City Manager
recommending appro-
val of the Tobacco
Compliance Settlement
Agreement for a
second offense with
Kohinoor Grocers, 1198
White Street. Upon
motion the documents
were received, filed,
and approved.
Alcohol License
Applications: City Man-
ager recommending
approval of annual
liquor, beer, and wine
licenses as submitted.
Upon motion the
documents were
received and filed and
Resolution No. 64 -12
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 was adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Jones 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 7 -0.
Hunter Equity -
Development Agree-
ment: 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. Upon motion
the documents were
received and filed and
Resolution No. 65 -12
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 agree-
ment relating thereto
with Hunter Equity, LLC
and providing for the
publication of notice
thereof was adopted
setting a public
hearing for a meeting
to commence at 6:30
p.m. on March 19, 2012
in the Historic Federal
Building.
Voluntary Annexation -
10924 Key West Drive:
City Manager recom-
mending that a public
hearing be set for
March 19, 2012 on the
annexation request by
Catherine C. Chris-
topherson for 10924
Key West Drive. Upon
motion the documents
were received and filed
and Resolution No. 66-
12 Approving appli-
cation for voluntary
annexation of territory
to the City of Dubuque,
Iowa, was adopted
setting a public
hearing for a meeting
to commence at 6:30
p.m. on March 19, 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; appli-
cant appointments will
be made at the next
City Council meeting.
Civil Service Commis-
sion (Mayor appoint-
ment). One 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. Ms. Takes
spoke in support of her
appointment.
Appointments to the
following commissions:
Cable TV Commission
(New Commission).
Seven three -year stag-
gered terms consisting
of three terms through
July 1, 2014; and four
terms through July 1,
2015. Applicants:
George Herrig, 2395 W.
32nd Street; Sr. Carol
Hoverman, 1555 White
Street; Pauline
Maloney, 506 St.
George Street; Kevin
Stevens, 2016 Golden
Eagle Drive; Jennifer
Tigges, 4927 Wild
Flower Drive; Alan
Vincent, 1010 Dunham
Drive. Upon roll call
vote George Herrig, Sr.
Carol Hoverman,
Jennifer Tigges, and
Alan Vincent were
appointed to three -
year terms through
July 15, 2015. (All
Council Members
voting for Tigges and
Vincent; Lynch,
Resnick, Sutton, Braig,
and Buol voting for
Herrig; and Resnick,
Braig, Buol and
Connors voting for
Hoverman)
Motion by Braig to
appoint Pauline Malo-
ney and Kevin Stevens
to three -year terms
through July 15, 2014.
Seconded by Jones.
Motion carried 7 -0.
Mechanical Board:
Two three -year terms
through March 16, 2012
(Expiring terms of
Grothe and Valaskey).
Applicants: David
Grothe, 2544 Elm
Street; and Corey
Valaskey, 1385 Alta
Vista Street. Motion by
Braig to appoint David
Grothe and Corey
Valaskey to three -year
terms through March
16, 2015. Seconded by
Lynch. Motion carried 7 -0.
PUBLIC HEARINGS
Request to Amend
Planned Unit Devel-
opment - 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 North-
west Arterial and to
amend the list of
permitted uses, height
and sign regulations
and the Zoning Advi-
sory Commission re-
commending 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 recom-
mending addi - tional
amendments to the
Asbury Plaza Planned
Unit Development.
Motion by Connors to
remove from the table.
Seconded by Braig.
Motion'carried 7 -0.
Motion by Connors to
receive and file the
documents and table
to April 16, 2012.
Seconded by Jones.
Motion carried 7 -0.
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
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 recommend-
ing approval. Motion
by Jones to receive and
file the documents and
adopt Resolution No.
67 -12 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 Re-
sources Pine Bend, LLC.
Seconded by Braig.
Motion carried 7 -0.
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 appro-
val. Motion by Braig to
receive and file the
documents and adopt
Resolution No. 68 -12
Vacating a portion of
Innovation Drive in the
City of Dubuque,
Dubuque County, Iowa.
Seconded by Connors.
Motion carried 7 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Greater Dubuque
Development Corpor-
ation What's NEXT?
2017 Campaign: Execu-
tive Director Rick Dick-
inson provided a video
and verbal presen-
tation on Greater
Dubuque Development
Corporation's What's
NEXT? 2017 Campaign.
Motion by Lynch to
receive and file the
information. Seconded
by Connors. Motion
carried 7 -0.
Final Plat - Dubuque
Industrial Center North
Second Addition: City
Manager recommend-
ing 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.
Motion by Braig to
receive and file the
documents and adopt
Resolution No. 69 -12
Approving the Final
Plat of Dubuque
Industrial Center North
Second Addition in the
City of Dubuque, Iowa.
Seconded by Jones.
Motion carried 7 -0.
Code of Ordinances -
Vacant and Abandoned
Buildings Update: City
Manager recommend-
ing approval of an n and
update to the Vacant
and Abandoned Build-
ings Ordinance to
theorporatenternational » T��'i( " "4'r `
Property Maintenance nu lo't NiJrn 1 f 1 ''7 -'
Code, and to update,
the definitions of
abandoned buildings
and vacant buildings.
Motion by Jones 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 Connors.
Motion Carried 7 -0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 20 -12 Amending
City of Dubuque Code
of Ordinances Title 14
Building and Devel-
opment, 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 Pro-
perty Maintenance Code
and Updating the
Definitions of Abandon-
ed and Vacant Build-
ings. Seconded by Braig.
Motion carried 7 -0.
City of Dubuque
Support for Commer-
cial Property Tax
Reform: City Manager
submitting letters of
support for commercial
property tax reform to
legislative represen-
tatives. Motion by
Connors to receive and
file the documents and
approve the recom-
mendation. Seconded
by Rensick. Lynch
stated that he will
support this, but that it
is hard on small
business owners like
himself, and he hopes
for meaningful, equit-
able compromise as
the State Legislature
works through this is-
sue. Motion carried 7 -0.
There being no
further business, upon
motion the City Council
adjourned at 7:16 p.m.
/s /Kevin S. Firnstahl
1t 3/14 Clerk as, Inc., an Iowa
i,a newspaper of general circulation
Dubuque and State of Iowa; hereby
in said newspaper on the following
.ge is $224.94.
rid for Dubuque County, Iowa,
20 /-,71.
for Dubuque County, Iowa.