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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