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2 3 14 City Council Agenda ROLL CALL ORDER FOR MEETING OF 2/3/2014 Resnick, Sutton, Braig, Buol, Connors, Jones, Lynch CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. 6th Street February 3, 2014 Council meetings are video streamed live and archived at www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at Channel 8 (analog) and 85.2 (digital). WORK SESSION 5:00 PM Housing and Community Development Housing & Community Dev-MVM Memo, Work Session Agenda, Work Session Presentation, City Focus Featuring Housing - DRAFT, REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted Airport Commission of 6/24/13, 8/26/13, 10, 28, 13 and 12/16/13; City Council proceedings of 1/21; Civil Service Commission of 1/15, 1 22 and 1/30; Electrical Code Board of 1/27; Housing Commission of 12/3/13 and 1/28; Library Board of Trustees Update of 1/23; Park and Recreation Commission of 1/14; Zoning Board of Adjustment of 1/23; Proofs of Publication for City Council proceedings of 1/6 and 1/7 Suggested Disposition: Receive and File Airport 1/24/13, Airport 8/26/13, Airport 10/28/13, Airport 12/16/13, City Council 1/21, Civil Service 1/15, Civil Service 1/22, Civil Service 1/30, Electrical Board 1/27, Housing 12/3/13, Housing 1/28, Library Board 1/23, Park and Recreation 1/14, Zoning Board of Adjustment 1/23, Proof - City Council Proceedings 1/6, Proof - City Council Proceedings 1/7, 2. Notice of Claims and Suits David Fisch for vehicle damage, Interstate Power and Light for property damage, Robert Lange for vehicle damage, Ryan Leick for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney Fisch Claim, Interstate Claim, Lange Claim, Leick Claim, 3. 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: Area Residential Care for property damage, Jason and Amanda Bickal for vehicle damage, David Fisch for vehicle damage, Mediacom Communications Company for vehicle damage Suggested Disposition: Receive and File; Concur ICAP Claims, 4. SRF Green Alley Year 2 Bid Sets - Consultant Services Recommendation City Manager recommending approval of the selection of the engineering consultants for the SRF Green Alleys - Year 2 ‚ Bid Sets. Suggested Disposition: Receive and File; Approve SRF Green Alley Year 2 Bid Sets-MVM Memo, Staff Memo, Supporting Document, 5. Final Plat - Dubuque Industrial Center South City Manager recommending approval the Final Plat of Dubuque Industrial Center South First Addition. RESOLUTION Approving the Final Plat Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Final Plat DICS First Addition-MVM Memo, Staff Memo, Applicant Materials, Staff Materials, Resolution, 6. Dubuque Industrial Center South Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges City Manager recommending consideration and adoption of the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial Center South. RESOLUTION Adopting the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for Dubuque Industrial Center South First Addition Suggested Disposition: Receive and File; Adopt Resolution(s) Covenants in the Dubuque Industrial Center South-MVM Memo, Staff Memo, Resolution, Covenants, 7. Housing Enterprise Zone Agreement for Weaver Castle - 346-348 W. Locust Street City Manager recommending adoption of the resolution for the proposed Housing Enterprise Zone Program Agreement for Weaver Castle, LLC for redevelopment of 346-348 W. Locust Street. RESOLUTION Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Housing Enterprise Zone Weaver Castle 346-348 W Locust-MVM Memo, Staff memo, Resolution, Agreement, 8. Reimbursement Resolution - Bee Branch Watershed Flood Mitigation Project Phase 7 - Land Acquisition City Manager recommending approval of a reimbursement resolution to serve as €official intent to reimburse project expenditures for the Bee Branch Watershed Flood Mitigation Project as required under the federal tax-exempt bond regulations. RESOLUTION Resolution declaring an official intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with specified Projects Suggested Disposition: Receive and File; Adopt Resolution(s) Reimbursement Resolution - Bee Branch Watershed Flood Mitigation Project-MVM Memo, Staff Memo , Bond Attorney's Letter, Resolution, 9. Old Town Neighborhood NRHP Nomination CLG Grant Agreement City Manager recommending approval of the Certified Local Government (CLG) grant and resolution related to the National Register of Historic Places (NRHP) nomination for the Old Town Neighborhood. RESOLUTION Authorizing a CLG Grant-in-Aid-Agreement with the State Historical Society of Iowa to prepare the Old Town Neighborhood National Register of Historic Places nomination Suggested Disposition: Receive and File; Adopt Resolution(s) Old Town Neighborhood CLG Grant-MVM Memo, Staff Memo, Map, Resolution, Grant Agreement, 10. DMATS Grants for Speed Shields and Trail Counters City Manager recommending approval of Dubuque Metropolitan Area Transportation Study (DMATS) grants for 12 speed shields and 14 trail counters to the City of Dubuque and Dubuque County. Suggested Disposition: Receive and File; Approve DMATS Grants for Speed Shields and Trail Counters-MVM Memo, Staff Memo, 11. AmeriCorps VISTA Application - Impact Volunteering for Economic Opportunity City Manager recommending approval to pursue an Iowa Campus Compact VISTA member in collaboration with Loras College in order to continue our pilot work around the impact volunteers can have on economic opportunity. Suggested Disposition: Receive and File; Approve AmeriCorps VISTA Application Impact Volunteering-MVM Memo, Staff Memo , Iowa Campus Compact VISTA Request for Proposals, Draft of VISTA Application, Loras Letter of Support, 12. Quarterly Investment Report City Manager transmitting the December 31, 2013 Quarterly Investment Report covering the period from October 1, 2013 through December 31, 2013. Suggested Disposition: Receive and File Quarterly Investment Report Dec 2013-MVM Memo, Staff Memo , Cash Investments and Investment Earnings Summary, Schedule of City Funds, Monthly Investment Summary, Schedule of Certificates of Deposit and Accrued Interest, 13. Mediacom Communications Company Correspondence from Mediacom Communications Company advising the City of rate changes and new customer activation fees to be implemented on or about February 22, 2014. Suggested Disposition: Receive and File Mediacom Letter, 14. City Assessor's Office Correspondence from City Assessor Rick Engelken advising the City of a property tax Notice of Appeal and Petition going before the Property Assessment Appeal Board for two Walgreen's locations. Suggested Disposition: Receive and File City Assessor Notification, 15. Purchase of Property from Iowa Department of Transportation City Manager recommending approval to purchase a piece of property on Bluff Street just off Highway 20 from the Iowa Department of Transportation Suggested Disposition: Receive and File; Approve Purchase IDOT Property at Gateway of Dubuque-MVM Memo, Iowa DOT Signed Offer, 16. Bee Branch Watershed Project Communications Specialist City Manager requesting the creation of a full-time Communications Specialist position to assist with the communication work related to the Bee Branch Creek Watershed project, which has been put on an accelerated schedule. Suggested Disposition: Receive and File; Approve Bee Branch Watershed Project Communications Specialist-MVM Memo, Staff Memo , 17. Acquisition of Property - Intermodal Transportation Facility City Manager requesting approval to purchase a piece of property in the Historic Millwork District from the Iowa Department of Transportation. Suggested Disposition: Receive and File; Approve Acquisition of Property for Intermodal Transportation Facility-MVM Memo, City Offer to Buy Parcel 254, City Offer to Buy Parcel 293, City Offer to Buy Parcel 293A, 18. Transit Advisory Board - Letter of Support Transit Advisory Board submitting a Letter of Support for the Jule Transit route changes implemented January 6, 2014. Suggested Disposition: Receive and File TAB Letter of Support, 19. Civil Service Commission Civil Service Commission submitting the certified list for the position of Recreation Program Supervisor. Suggested Disposition: Receive and File Recreation Program Supervisor List, 20. Business License Refund Request by Mark Hancock for a refund of the liquor license LC0022360 for Happy's Place located at 2323 Rockdale Rd. in the amount of 633.75. Suggested Disposition: Receive and File; Approve Liquor License Refund Request, 21. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine 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 Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals-MVM Memo, Police Memo, Resolution, ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Sales Tax Increment Revenue Bonds (Flood Mitigation Program) City Manager providing the suggested proceedings to set the date of the public hearing on the proposed issuance of not to exceed $29,000,000 Sales Tax Increment Revenue Bonds. RESOLUTION Fixing date for a meeting on the proposition of the issuance of not to exceed $29,000,000 Sales Tax Increment Revenue Bonds (Flood Mitigation Program) of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 2/17/14 Sales Tax Increment Revenue Bonds Set Public Hearing-MVM Memo, Staff Memo , Executive Summary, Ahlers & Cooney, P.C. Letter, Resolution and Notices, BOARDS/COMMISSIONS Appointments to the following commissions to be made at this meeting: Community Development Advisory Commission Three, 3-year terms through February 15, 2017 (Expiring terms of Craddieth, Michalski and Shaw) Applicants: Robert W. Blok II, 2447 University Ave. (Additional Application) Janice Craddieth, 1455 Washington St. Ann Michalski, 1520 Altura Dr. Sister City Relationship Advisory Commission Four, 3-year terms through February 1, 2017 (Expiring terms of Castaneda, Felderman, Landis and Ward) Applicants: Sheila Castaneda, 1014 Dunham Dr. Robert Felderman, 241 Southgate Dr. Dick Landis, 2390 Clarke Crest Dr. Annalee Ward, 2758 Tiffany Ct. Boards Overview Sheet, Boards - Latest Listing, Boards - Current Vacancies, Community Development Advisory Commission Applications, Sister City Relationship Advisory Commission 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. SRF Green Alley Bid Set 1 Project Proof of publication on notice of public hearing to consider the approval of the plans, specifications, form of contract and the estimated cost and to adopt the Resolution of Necessity and the Preliminary Schedule of Assessments for the SRF Green Alley Bid Set 1 Project and the City Manager recommending approval. Citizen comments received by the City Clerk's Office. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set 1 Project RESOLUTION With respect to the adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set 1 Project RESOLUTION Approving Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 1 Project Suggested Disposition: Receive and File; Adopt Resolution(s) SRF Green Alley Bid Set 1-MVM Memo, Staff Memo, Resolutions, Supporting Document, Citizen Comments, Proof of Publication - Notice of Public Hearing, 2. Franchise Fee Ordinance Amendment - Alliant Energy Proof of publication on notice of public hearing to consider an amendment to the Franchise Fee Ordinances with Alliant Energy and the City Manager recommending approval. ORDINANCE Repealing Section 3 of Ordinance No. 58-03 Providing for a Rebate of Franchise Fees for Exempt Sales of Electricity to Customers of Interstate Power Company, Its Successors and Assigns, and Establishing a Procedure for Requesting a Rebate of Such Fees Suggested Disposition: Receive and File; Motion B; Motion A Franchise Fee Ordinance Amendment Alliant Energy-MVM Memo, Staff Memo, Ordinance, Certification of Publication-Alliant Energy, Suggested Motion, 3. Franchise Fee Ordinance Amendment - Black Hills Energy Proof of publication on notice of public hearing to consider an amendment to the Franchise Fee Ordinances with Black Hills Energy and the City Manager recommending approval. ORDINANCE Repealing Section 3 of Ordinance No. 59-03 and Section 3 of Ordinance No. 76-03 Providing for a Rebate of Franchise Fees for Exempt Sales of Natural and Mixed Gas to Customers of Peoples Natural Gas, its Successors and Assigns, and Establishing a Procedure for Requesting a Rebate of Such Fees Suggested Disposition: Receive and File; Motion B; Motion A Franchise Fee Ordinance Amendment Black Hills Energy-MVM Memo, Staff Memo, Ordinance, Certification of Publication-Black Hills Energy, Suggested Motion, 4. Franchise Fee Ordinance Amendment - Maquoketa Valley Electric Cooperative Proof of publication on notice of public hearing to consider an amendment to the Franchise Fee Ordinances with Maquoketa Valley Electric Cooperative and the City Manager recommending approval. ORDINANCE Repealing the Third Unnumbered Paragraph of Section 23 of Ordinance No. 20-04 Providing for a Rebate of Franchise Fees for Exempt Sales of Electricity to Customers of Maquoketa Valley Electric Cooperative, its Successors and Assigns, and Establishing a Procedure for Requesting a Rebate of Such Fees Suggested Disposition: Receive and File; Motion B; Motion A Franchise Fee Ordinance Amendment Maquoketa Valley Electric Cooperative-MVM Memo, Staff Memo, Ordinance, Certification of Publication- Maquoketa Valley Electric, Suggested Motion, 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. EPA Smart Growth Achievement Award City Manager transmitting the EPA Smart Growth Achievement Award - Corridor or Neighborhood Revitalization category for the Historic Millwork District and Washington Neighborhood. Suggested Disposition: Receive and File EPA Smart Growth Achievement Press Release, EPA Smart Growth Achievement Program Booklet, 2. Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2013 City Manager transmitting the Fiscal Year 2013 Comprehensive Financial Report (CAFR), Auditors Communication with Those Charged with Governance Letter, and the City's Finance staff responses to auditors findings. Dave Cahill of Eide Bailly will make a verbal presentation. Suggested Disposition: Receive and File; Presentation Fiscal Year 2013 CAFR-MVM Memo, Staff Memo , Fiscal Year 2013 CAFR, Auditor's Communication with Those Charged with Governance Letter, Responses to Auditor's Findings, 3. Five Flags Center Annual Report Presentation Five Flags Center Manager Joyce White of SMG to make a presentation on the current fiscal year activities and future plans for the Five Flags Center. Suggested Disposition: Receive and File; Presentation Five Flags 2013 Annual Report Update-MVM Memo, Staff Memo , Annual Report, 4. Grand River Center 2013 Annual Report Presentation Grand River Center Manager Mitzi Yordy to make a presentation regarding the Grand River Center 2013 Annual Report. Suggested Disposition: Receive and File; Presentation Grand River Center 2013 Annual Report Presentation-MVM Memo, Staff Memo , Grand River Center -2013 Annual Report, 5. Code of Ordinances Title 16 Unified Development Code Amendment - Home-Based Businesses (First Reading August 29, 2013; Tabled September 3, 2013) City Manager submitting information related to amending Section 7-1.3 of the City of Dubuques Unified Development Code to add firearm sales to the list of prohibited home-based businesses. ORDINANCE Amending City of Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 7 Supplemental Use Regulations Section 7-1.3 Prohibited Home-Based Business Uses to add Firearm Sales as a Prohibited Home-Based Business Suggested Disposition: Work Session; Remove from Table; 2nd Reading, or Council Action Request to Prohibit Firearm Sales as a Home-based Business-MVM Memo, Staff Materials, Legal Correspondence, Zoning Advisory Commission Packet, Material from September 3, 2013 Meeting, Ordinance, 6. Request to Rezone - 1060 Edina Street (Second Reading) Request by John & Angie Long; Ron & Denise Reeg to rezone property at located at 1060 Edina (Parcels 10-23-477-006 & 10-23-477- 007) from R-1, Single Family Residential Zoning District, to R-2, Two-Family Residential Zoning 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 at 1060 Edina from R-1 Single-Family Residential District to R-2 Two-Family Residential District. Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter, Applicant Materials, Staff Materials, Ordinance, Letter of Opposition, Suggested Motion, 7. State Flood Mitigation Grant Funding Agreement City Manager recommending adoption of a resolution authorizing the Citys use of sales tax increment funds for the Bee Branch Watershed Flood Mitigation Project and authorizing the execution of an agreement with the Iowa Flood Mitigation Board required for the Citys receipt of sales tax increment funds. RESOLUTION Authorizing the execution of an agreement with the State of Iowa Flood Mitigation Board and Authorizing the City's use of sales tax increment funding for the Bee Branch Watershed Flood Mitigation Project Suggested Disposition: Receive and File; Adopt Resolution(s) Bee Branch Flood Mitigation Project State Flood Board Funding Agreement-MVM Memo, Staff Memo, Resolution, Agreement, 8. Clean Air Attainment Strategy City Manager providing information and requesting City Council authorization for the Mayor to cosign the letter with Dubuque Metropolitan Area Transportation Study requesting participation in EPAs PM Advance Program-Supporting Local Efforts to Improve Air Quality. Suggested Disposition: Receive and File; Approve Clean Air Attainment Strategy-MVM Memo, Clean Air Attainment Strategy Memo, PM Advance Letter, DNR Air Quality Presentation, ECIA Letter of Support, GDDC Letter of Support, 9. Architectural Design Guidelines Manual City Manager recommending approval of the final update of the City of Dubuques Design Guidelines Manual. Suggested Disposition: Receive and File; Approve Approval of Design Guidelines Manual-MVM Memo, Staff Memo, Architectural Guidelines, Architectural Styles , Glossary, 10. Comprehensive Plan Update - Community Engagement Plan City Manager recommending approval of the Community Engagement Plan for the update of the 2008 Comprehensive Plan. Suggested Disposition: Receive and File; Approve Community Engagement Plan for Comprehensive Plan Update-MVM Memo, Staff Memo, Community Engagement Plan, 11. Code of Ordinances Amendment - Dubuque Industrial Center South Economic Development District City Manager recommending approval of a tax increment ordinance for the Dubuque Industrial Center Economic Development District. ORDINANCE Amending Ordinance No. 70-08, Previously Amended, Providing that General Property Taxes Levied and Collected Each Year on all Property Located within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the Benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and Other Taxing Districts, be Paid to a Special Fund for Payment of Principal and Interest on Loans, Monies Advanced to and Indebtedness, Including Bonds Issued or to be Issued, Incurred by Said City in Connection with the Amended and Restated Dubuque Industrial Center Economic Development District Urban Renewal Redevelopment Project Suggested Disposition: Receive and File; Motion B; Motion A Tax Increment Ordinance for the Dubuque Industrial Center Economic Development District-MVM Memo, Staff Memo, Ordinance, Suggested Motion, 12. Code of Ordinances Amendment - Title 10 Public Ways and Property City Manager recommending wording changes to City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation to include the described wording changes to make the ordinance consistent. ORDINANCE Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation by including Parks, Parkways, Trails, and Open Spaces in all references to Park Facilities for Code consistency Suggested Disposition: Receive and File; Motion B; Motion A Chapter 5 - Ordinance Wording Changes-MVM Memo, Staff Memo , Ordinance, Suggested Motion, 13. Safety and Security Camera Acceptable Use Administrative Policy City Manager recommending approval of a safety and security camera acceptable use Administrative Policy. Suggested Disposition: Receive and File; Approve Security Camera Policy-MVM Memo, Making Dubuque a Safer Community, Safety and Security Camera Policy, Zoning Map, Centerline Miles Map, PublicProperty Cameras Map, Supporting Documentation, 14. Campaign Finance Reform City Council Member Ric Jones recommending adoption of a resolution establishing a position of the City of Dubuque to support efforts to pass an amendment to the United States Constitution related to campaign finance reform. RESOLUTION to establish as a position of the Dubuque City Council that corporations should not receive the same constitutional rights as natural persons do, and that because money is not speech, limits on political spending will promote the goals of the First Amendment by ensuring that all citizens, regardless of wealth, have an opportunity to have their political views heard Suggested Disposition: Receive and File; Council Resolution, 15. Fiscal Year 2015 Budget Transmittal City Manager submitting the Fiscal Year 2015 Budget Trasmittal Message Suggested Disposition: Receive and File FY 2015 Budget Transmittal Message, 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. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa ADJOURNMENT