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4 16 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, April 16, at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the Council. Ric W. Jone 4i!i ' or Pro -Tem Consent Items: Pages 171 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 16, 2012 in the Historic Federal : uildin fe Prese .. . - , Council Me bers Brthg, Coni'r6rs, Lynch, Resnick, Suttpn; City Manager an Milligen, —_'�f /7-1 V Absent: Mayor Buol, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) 1. Week of the Young Child (April 22 -28, 2012) CONSENT ITEMS 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory 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, Housing Commission of 3/27, Housing Trust Fund Committee of 8/19/11 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 Revenues for Month Ending 2/29 Suggested Disposition: Receive and File 2. Review of Denial of Claim by Gary and Shirley 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 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: Receive and File; Approve 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 site for passenger rail service. Suggested Disposition: Receive and File; Approve Yays Nays V Lynch Resnick V Sutton Braig V Connors 9-- Jones 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 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 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 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 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 Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 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 s torm sewer extension across 2600 and 2608 Matthew John Drive. RESOLUTION l 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) 11. Landfill Equipment Operator Position City Manager recommending approval to create one additional Landfill Equipment Operator position. Suggested Disposition: Receive and File; Approve 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 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 Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 14. Signed Contracts Short Form Improvement Contract with Fischer Brothers, LLC for the Sutton Pool Water Slide Refinishing Suggested Disposition: Receive and File 15. Cookin' Something Up - Order Setting Hearing i 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 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 17. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco license as submitted. ki 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 2r Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones ITEMS TO BE SET FOR PUBLIC HEARING 1. General Corporate Purpose General Obligation Bonds - $475,000 2. General Corporate Purpose General Obligation Bonds - $600,000 3. General Corporate Purpose General Obligation Borrowing - $700,000 4. Essential Corporate Purpose General Obligation Bonds - $8,650,000 5. Urban Renewal General Obligation Bonds - $5,575,000 To be set for May 7, 2012 Yays Nays ,/ I Lynch V;1', Resnick Sutton - Braig ..---v uvr--- Connors Jones 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 5/7/12 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 "I 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 5/7/12 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 0'6 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 5/7/12 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. RESOLUTION � �P Fixing date for 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 5/7/12 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 Bluff/West 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 0111 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 5/7/12 BOARDS /COMMISSIONS Appointment to be made at this meeting: 1. Environmental Stewardship Advisory Commission One three -year term through October 1, 2014 (Vacant term of Klostermann) Applicants: Julie Beck, 1390 Glen Oak Street Andrea Helgager, 40 Main Street, #300 Beck Helgager v Lynch Resnick Sutton e. Braig j/ Connors Jones et/0210g Motion to table to 6/18/12 Lynch Resnick Sutton Braig u Connors Jones PUBLIC HEARINGS 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 SUSPEND THE RULES Yays Yays Nays V Lynch Lynch V ,/ Resnick c/ (72- V Sutton Braig / Braig -1341431— ' V/ Suet- 1/ Jones Connors Jones 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 Suspend the Readings Yays Nays V Lynch V Resnick c/ Sutton Braig -1341431— V/ Connors � Jones Final Reading and Adopt Yays Nays V Lynch Resnick V Sutton Braig IV/ Connors � Jones iewza4) it 7ygayike7// 5 »(?) "Ve-- ifitano,a,- 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 . i5 Approving application for voluntary annexation of territory to the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays i% / Lynch t/ Resnick V Sutton Braig t-----BuoI vz Connors i. Jones .�v 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 PA mending 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) REINSTATE THE RULES This action limits discussion to the City Council. Yays Nays ✓ Lynch ✓ Resnick }/ Sutton 1 j Braig ✓ J Connors (./ Jones ACTION ITEMS Mayor Buol requesting that this item be tabled to May 7, 2012. 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. 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, Sa itation and Environment, Chapter 2 Establishments and Hotel Sanitation, by Adopti g 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 Suspend the Readings Or able to 5/7 2 ays Nays 1/ Lynch Resnick 1% Sutton Braig uo -- V $ Connors Jones Final Reading and Adopt Yays Nays Lynch Resnick Sutton Braig Boil Connors Jones 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 Yays v Nays Lynch Resnick Sutton Braig Connors Jones /7/47/7/7 /Avffif7474 1.&77/1/e,, YMA 40/Y- - i/./a//e/ J. COUNCIL MEMBER REPORTS K. PUBLIC INPUT L. ADJOURNMENT • Yays Nays V > Lynch Resnick Sutton Braig v----, V Connors Jones Q Of/by? fze,ide*friid.--/ jf°p aime/,/;51 iv ed 9"/y/A ‘077/7/2Pdal-6/0-si 40m-/ s49 5/4,`�ar�, Y/E1 4////77//)77 Yid4( 4, /17P4112)