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
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Lynch
V;1',
Resnick
Sutton
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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
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Lynch
Resnick
Sutton
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Connors
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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
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Braig
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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
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Jones
Final Reading and Adopt
Yays
Nays
V
Lynch
Resnick
V
Sutton
Braig
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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
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Lynch
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Resnick
V
Sutton
Braig
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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
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Sutton
1 j
Braig
✓ J
Connors
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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
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ays
Nays
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Lynch
Resnick
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Sutton
Braig
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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
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