4 16 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 4/16/2012
Lynch, Resnick, Sutton, Buol, Braig, Connors, Jones
CITY OF DUBUQUE,IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street, Dubuque
April 16, 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
PROCLAMATION(S)
1 Week of the Young Child (Apn122 -28, 2014
Week of the Youna Child Proclamation
CONSENT ITEMS
The consent agenda items 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
Arts and Cultural AffairsAdvisory Commission of 1/24 and 2/28, Cable TV Commission of 4/3, City Council proceedings of 4/2, Civil
Service Commission of 3/15 and 4/6, Housng Commission of 3/27, Housng Trust Fund Commftee of 8119x11 and 4/4/12, Transit
Advisory Board of 3/8, Zoning Advisory Commission of 4/4, Zoning Board of Adjustment of 3/22
Proofs of publication for City Council proceedings of 3/19 and List of Claims and Summary of Revenuesfor Month Ending 2/29
Suggested Disposition Receive and Fde
{sits Commtainn Minutest /24/12 Arts Commission Minutes 2178/12. Cable TV Minutes 46/12 City Council Minutes 4P/12 Civil Service
Minutes 3/15/12. civil Corvine Minutes Housina Commission Minutes 1177.112 Housing Twat Fund MmNes 8/19/11 Houann Tnie4
Fund Minutes 4/4/12. Transit Advisory Rnard Minutes 3j8/17 inning Aflvtcniv Minutes 4 /4/17 Jnninn Rngrd of Ado istment Minutes 4177/17
2 Review of Denial of Claim by Gary and Shidey Jameson
City Attorney recommending denial of an appeal of a claim against the City for property damage filed by Gary and Shirley Jameson
Suggested Disposition Receive and File Concur with Denial
Lindahl Memo Jameson Claim
3 Intermodal Contract Amendment 3
City Manager is transmitting information on Amendment 3 to the Intermodal Contract with IIW Engineers for selection of an Intermodal
site and extra work required regarding the location of a bus storage facility
Suggested Disposition Recenfe and File; Approve
Intermodal Contract Amendment 3 -MW Memo Staff Memo Amendment 3
4 Intermodal Contract Amendment 4
City Manager transmitting information on Amendment 4 to the Intermodal Contract with IIW Engineers for selection of an Intermodal
site and extra work required related to an environmental review of the rail line and overnight location sae for passenger rail service
Suggested Disposition Receive and Fde; Approve
Internmodal Contract Amendment 4 -MVM Memo, Staff Memo, Amendment 4,
5. 2012 -2013 Urban Deer Management Plan
City Manager recommending approval of the 2012 -2013 City of Dubuque Urban Deer Management Plan
Suggested Disposition: Receive and File; Approve
2012 -2013 Deer Management Plan -MVM Memo, Staff Memo , 2012 - 2013 Deer Management Plan, Spreadsheet of Results of Dubuque
Managed Deer Hunts
6. 2011 National Park Service (NPS) Reports
City Manager transmitting the 2011 National Park Service (NPS) Annual Products Report and Baseline Questionnaire
Suggested Disposition: Receive and File
2011 NPS Annual Reports -MVM Memo, Staff Memo, Reports,
7. New Terminal Aircraft Deice Fluid (ADF) Containment/Collection Project
City Manager recommending approval of funding the Aircraft Deice Fluid (ADF) Containment facility in the Fiscal Year 2013 budget
rather than the Fiscal Year 2014 budget
Suggested Disposition: Receive and File; Approve
Airport New Terminal ADF Containment -MVM Memo Staff Memo ,
8. Five Flags Center - Fiscal Year 2013 Detailed Operating Budget
City Manager recommending approval of the Fiscal Year 2013 Five Flags Center proposed operating budget submitted by SMG
Suggested Disposition: Receive and File; Approve
Five Flags FY13 Operating Budget -MVM Memo Staff Memo FY 2013 Operating Budget for Five Flags,
9. Flood Disaster Legislative Amendment
City Manager recommending approval of a contract with David Adelman of Cornerstone in the amount of $7,500 to assist City staff in
amending House File 2465 to provide eligibility for the City of Dubuque's Bee Branch project for State of Iowa Flood Disaster money
Suggested Disposition: Receive and File; Approve
Flood Disaster Legislative Amendment -MVM Memo, Staff Memo,
10. Acceptance of Storm Sewer Easements - 2600 and 2608 Matthew John Drive
City Manager recommending acceptance of storm sewer easements from Gerald D and Patricia H Richard and James F and Karilyn
M Steffen for a storm sewer extension across 2600 and 2608 Matthew John Drive
RESOLUTION Accepting the grant of an easement for storm sewer under and across Lot 2 Harvest View Estates 4th Addition in the
City of Dubuque, Dubuque County, Iowa
RESOLUTION Accepting the grant of an easement for storm sewer under and across Lot 3 Harvest View Estates 4th Addition in the
City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Storm Sewer Easements Richard Steffen -MVM Memo, Storm Sewer Easements - Staff Memo, Storm Sewer Easements - Vicinity Map, Storm
Sewer Easements - Richard, Resolution, Storm Sewer Easements- Richard, Exhibits, Storm Sewer Easements - Steffen, Resolution, Storm
Easement Easements- Steffen, Exhibits,
11. Landfill Equipment Operator Position
City Manager recommending approval to create one additional Landfill Equipment Operator position
Suggested Disposition: Receive and File; Approve
Landfill Equipment Operator Position -MVM Memo Memo - Personnel Memo - Public Works
12. Dubuque Metropolitan Area Solid Waste Agency (DMASWA)
Correspondence from the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) notifying the City that DMASWA is extending
the Waste Delivery Contract with the City for an additional one -year term commencing July 1, 2012 through June 30, 2013
Suggested Disposition: Receive and File
DMASWA Letter,
13. Civil Service Commission
Civil Service Commission submitting the certified lists for the positions of Bus Operator, Firefighter, Fire Equipment Operator, Fire
Lieutenant, Fire Captain, EMS Supervisor, Assistant Fire Chief, and Assistant Fire Marshal
Suggested Disposition: Receive and File
Bus Operator List Firefighter List Fire Promotionals Lists,
14. Signed Contracts
Short Form Improvement Contract with Fischer Brothers, LLC for the Sutton Pool Water Slide Refinishing
Suggested Disposition: Receive and File
Fisher Brothers Contract,
15. Cookin' Something Up - Order Setting Hearing
City Manager recommending that the City Council reschedule the April 2, 2012 Alcohol Compliance Hearing for Cookin' Something Up
until June 4, 2012, due to a conflict for their legal representative
Suggested Disposition: Receive and File; Approve
Cookin' Something Up Reschedule Heannq -MVM Memo, Staff Memo Order Setting Heannq,
16. Alcohol Compliance Civil Penalty for Alcohol License Holders - Adobo's Mexican Grill
City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Adobo's
Mexican Grill, 756 Main Street
Suggested Disposition: Receive and File; Approve
Adobo's Mexican Gnil Settlement -MVM Memo, Police Memo, Settlement Agreement Copy,
17. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco licenses as submitted
RESOLUTION Approving 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
RESOLUTION Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A 47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
Liquor License Renewals, Police Memo Liquor /Beer Resolution Tobacco Resolution,
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. General Corporate Purpose General Obligation Bonds - $475,000
City Manager recommending that a public hearing be set for May 7, 2012, on the proposition of selling not to exceed $475,000 in
General Obligation Bonds, the proceeds of which will be used to pay costs of repainting the Library mezzanine ceiling and installation
of security cameras in the Locust Street Ramp
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $475,000 of General Obligation Bonds
and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s); Public Hearing 517112
$475,000 GO Bonds -MVM Memo, $475,000 General Corporate Purpose General Obligation Bonds - Staff Memo, Ahlers & Cooney Letter,
$475,000 General Corporate Purpose GO Bonds - Resolution,
2. General Corporate Purpose General Obligation Bonds - $600,000
City Manager recommending that a public hearing be set for May 7, 2012, on the proposition of selling not to exceed $600,000 in
General Obligation Bonds, the proceeds of which will be used to pay costs of City Hall exterior brick work
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $600,000 of General Obligation Bonds
and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s); Public Hearing 517112
$600,000 General Purpose GO Bonds -MVM Memo $600,000 General Corporate Purpose GO Bonds - Staff memo, Ahlers & Cooney Letter,
$600,000 General Corporate Purpose GO Bonds - Resolution,
3. General Corporate Purpose General Obligation Borrowing - $700,000
City Manager recommending that a public hearing be set for May 7, 2012, on the proposition of selling not to exceed $700,000 in
General Obligation Bonds, the proceeds of which will be used to pay costs of Fire Station improvements, Five Flags Arena roof and
light fixtures replacement and replacement of the Grand River Center outdoor sign
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 of General Obligation Bonds
and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s); Public Hearing 517112
$700,000 General Corporate Purpose GO -MVM Memo, $700,000 General Corporate Purpose GO bond - Staff memo Ahlers & Cooney Letter
$700,000 General Corporate Purpose GO Bond - Resolution
4. Essential Corporate Purpose General Obligation Bonds - $8,650,000
City Manager recommending that a public hearing be set for May 7, 2012, on the proposition of selling not to exceed $8,650,000 in
General Obligation Bonds, the proceeds of which will be used to pay costs of water and sanitary utility extensions from Technology
Park South to the Airport, relocation of E911 equipment to a different tower, replacement of a Fire pumper truck, roof replacement at
Bunker Hill, improvements at Bunker Hill and Flora and Sutton pools, local match of Federal Emergency Management Agency Flood
Buyout Program for properties sustaining substantial damage in the July 2011 flood event, Airport improvements including local match
on the New Terminal project and sanitary sewer, storm water and water improvements
RESOLUTIONFixing date for a meeting on the proposition of the issuance of not to exceed $8,650,000 General Obligation Bonds (for
Essential Corporate Purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s); Public Hearing 517/12
$8,650,000 Essential Corporate GO Bonds -MVM Memo, $8,650,000 Essential Corporate Purpose GO Bonds - Staff memo, Ahlers & Cooney
Letter, $8,650,000 GO Bonds Set Public Hearing - Resolution,
5. Urban Renewal General Obligation Bonds - $5,575,000
City Manager recommending that a public hearing be set for May 7, 2012 on the proposition of selling not to exceed $5,575,000 in
General Obligation Urban Renewal Bonds, the proceeds of which will be used to fund urban renewal project activities under the
authority of Chapter 403 of the Code of Iowa and the Amended and Restate Urban Renewal Plans for Greater Downtown and
Dubuque Industrial Center Urban Renewal Areas, including those costs associated with the expansion of Dubuque Industrial Center
West to farmland known as South Siegert Farm and costs associated with Washington Neighborhood Subarea (Includes BIuffNVest
Locust) Building Incentive & Rehabilitation Program This program provides low- interest loans and grants for rehabilitation and
adaptive reuse of buildings in the Greater Downtown Urban Renewal District Washington Neighborhood Subarea
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $5,575,000 General Obligation Bonds (for
Essential Corporate Purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s); Public Hearing 517112
$4,575,000 Urban Renewal GO -MVM Memo $5,575,000 UR General Obligation - Staff Memo, Ahlers & Cooney Letter, $5,575,000 Urban
Renewal GO Bond - 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.
Appointment to be made at this meeting:
Environmental Stewardship Advisory Commission
1 three -year term through October 1, 2014 (Vacant term of Klostermann)
Applicants
Julie Beck, 1390 Glen Oak Street
Andrea Helgager, 40 Main Street, #300
Boards Overview Sheet, Boards Latest Listing, ESAC Applications,
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 March 5, 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
City Manager recommending additional amendments to the Asbury Plaza Planned Unit Development
Correspondence from O'Connor & Thomas on behalf of the developers requesting that the request to amend the Planned Unit
Development for Asbury Plaza be tabled to June 18, 2012
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; Table to June 18, 2012; OR Suspend the Rules; Receive
and File, Conduct Public Hearing, Motion B, Motion A
Asbury Plaza PUD -MVM Memo, Asbury Plaza PUD - Requests to Table Map Asbury Plaza Public Easements, MVM PUD Ordinance
Amendment, ZAC Ordinance, ZAC Letter to Council , Application Form, Attorne Letter, Vicinity Map, Renderings, Conceptual Plans, Staff
Memo, Aerial Views, City Code, Traffic Study , Proof of Publication, Proof of Publication 4 16 12, Suggested Motion,
2. Request to Rezone -1700 Block of Rhomberg Avenue
Proof of publication on notice of public hearing to consider a request from Mike Portzen / Holy Spirit Parish to rezone property located
in the 1700 block of Rhomberg Avenue from R -2A Two - Family Residential District to R -4 Multi - Family Residential District and the
Zoning Advisory Commission recommending approval
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter
described property located in the 1700 block of Rhomberg Avenue from R -2A Alternate Two - Family Residential District to R -4 Multi -
Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
ZAC Letter to Council, Application Staff Matenals, Ordinance, Proof of Publication, Suggested Motion,
3. Second Annexation Request -10924 Key West Drive
Proof of publication on notice of public hearing to consider a second annexation request of Catherine C Christopherson for an
additional parcel at 10924 Key West Drive and the City Manager recommending approval
RESOLUTION Approving application for voluntary annexation of territory to the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Christopherson Annexation Request -MVM Memo, Christopherson Annexation Request 2 -MVM Memo Staff Memo Resolution, Application
Staff Materials, Proof of Publication
4. Fiscal Year 2012 Budget Amendment No. 2
Proof of publication on notice of public hearing to consider the second Fiscal Year 2012 Budget Amendment, which amends the Fiscal
Year 2012 budget for City Council actions, and the City Manager recommending approval
RESOLUTION Amending the current budget for the Fiscal Year ending June 30, 2012 (as amended last on September 29, 2011)
Suggested Disposition: Receive and File; Adopt Resolution(s)
FY12 Second Budget Amendment -MVM Memo, FY12 Second Budget Amendment - Staff Memo, FY12 Second Budget Amendment -
Resolution, FY12 Second Budget Amendment -MVM Memo, FY12 Second Budget Amendment - Detail, Proof of Publication,
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. Retail Single -Use Plastic Bag Reporting Ordinance (Third Reading)
City Manager requesting approval of an Ordinance that will require retailers, based on size, to report their purchase and distribution of
plastic bags in order to measure community -wide progress towards the adopted goal of reducing single -use plastic bag use 90% by
2017 in Dubuque
Mayor Buol requesting that this item be tabled to May 7, 2012
Chamber of Commerce President and CEO Molly Grover requesting to address the City Council regarding the Chamber's position on
the proposed Ordinance prior to the third reading
ORDINANCE Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 2
Establishments and Hotel Sanitation, by Adopting a New Section 6 -2 -2 Single -Use Plastic Bag Reduction
Suggested Disposition: Receive and File; Table to May 7, 2012; or Motion B, Motion A
Single Use Plastic Bag Reduction Ordinance -MVM Memo, 7 5 11 Reduction Recommendation, Draft Plastic Bag Reporting Form Plastic Baq
Ordinance Suggested Motion
2. Caradco Landlord, LLC - Iowa Finance Authority Collateral Amendment
City Manager recommending approval of an amendment to the loan documents for the $4 5 million loan provided by the Iowa Finance
Authority to the City of Dubuque, which has in turn been loaned by the City to Caradco Landlord, LLC for the Caradco Building Project
Suggested Disposition: Receive and File; Approve
Caradco Collateral Amendment -MVM Memo, Staff Memo,
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