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1 5 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF January 5, 2015 B21g, Seel, Connors, Jones, Lynch, Resnick, Sutton CITY OF DUBUQUE, IOWA `4V OFO4 CITY COUNCIL MEETING Historic Federal Building O 1 C 350 W. 6th Street . � January 5,2015 Council meemngs are video streamed live and archived atmoomecityoftlubuqueorg/metlia and on Dubuque's CityCbannel on the Metliacom cable system at Channel (analog) and 85.2 (tligitap. RE GUI-AR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCUM TIONS) 1. Cam IF Lifetree Week P roclam#ion CONSENT ITEMS The consent agenda items are considered to be Future and non controversial and all consent items will be normally voDd upon in a single motion wltlnoutany separate discussion on a particular item If youwoultl like to discuss one of the Consent Items, please go to tine microphone and be recognized by tine Mayor and statethe item youwoultl like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Subm iftetl Civil Service Minutes 12215 Human Rights Commission Minutes 11/10, Library Board Minutes 10/20 and 11/19, Sister City Minutes 11/12, PabS and Recreation Minutes 1 C9, Proof of Publlcabon for City Council proceed Toy of 1221 Suggested DisposiEon: Receive and File 2. NMice of Claims and Suits Society Ins (Mahan Backes) for personal in Try Check Capital tar property damage Suggested DisposiEon: Receive and File; Refer W City Attorney 3. Disposition M Claims City Attorney advising that the following claims have been referred to Public Ertlty Risk Services of Iowa, the agent for the owe Communites Assurance Pool. Mahan Backes for personal Injury Suggested DisposiEon: Receive and File; Concur 0. Metliacom Comm unications C oni Correspondence from Metllacom Com mTreaters Com pary advising the City of a programming additions and ate atljustn encs on or about January 15tln. Suggested DisposiEon: Receive and File B. Proposed Am aitlment for 2015 State Pnonfa City Manager recommending the Food Residual Composting Issue be deleted from the Clby of Dubuque's 2015 State Legislative Phonies. Suggested DisposiEon: Receive and File; Approve 6. Bloomberg Philanthropies Public Art Challenge- Letter of Intent City Manager recommending approval to submit Bloomberg Philanthropies Public Art Challenge Letter of Intent Suggested DisposiEon: Receive and File; Approve T. Iowa Community Attraction and Tourism (CAT) Grant Request The National Mississippi River Museum &Aquarum requesting endorsement of an application fora grant from the Iowa Community Attraction and Tourism (CAT) program. RESOLUTION Authorizing Community Attraction and Tourism (CAT) Grant Application From the National Mississippi River Museum & Aquarium of the Dubuque County Historical Society Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Property Acquisition - 1980 Rockdale Road City Manager recommending approval to acquire property located at 1980 Rockdale Road from Ruth Willis. RESOLUTION Approving the Acquisition of Real Estate Owned by Ruth A. Willis in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Property Acquisition -396 W. Locust Property City Manager recommending approval to acquire property at 396 West Locust Street from DB&T Community Corp for the purpose of rehabbing and reselling to a qualified homebuyer. RESOLUTION Approving the Acquisition of real estate owned by DB&T Community Development Corp at 396 West Locust in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 10. SRF Green Alley Project Bid Set 3 Year 1 City Manager recommending acceptance of the construction contract for the SRF Green Alley — Bid Set 3 Year 1 Project, and further recommending adoption of the Final Schedule of Assessments. RESOLUTION Accepting the SRF Green Alley Project - Bid Set 3 Year 1 and Authorizing the payment of the contract amount to the contractor RESOLUTION Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 3 Year 1 Suggested Disposition: Receive and File; Adopt Resolution(s) 11. SRF Green Alley Project Bid Set 5 Year 1 City Manager recommending acceptance of the construction contract for the SRF Green Alley — Bid Set 5 Year 1 Project, and further recommending adoption of the Final Schedule of Assessments. RESOLUTION Accepting the SRF Green Alley Project - Bid Set 5 Year 1 and Authorizing the payment of the contract amount to the contractor RESOLUTION Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 5 Year 1 Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Pre-Annexation Agreement - 14682 Old Highway Rd., Rodney and Diann Mozena City Manager recommending approval of a Pre-Annexation Agreement with Rodney M. and Diann T. Mozena, property owners at 14682 Old Highway Road. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Rodney M. and Diann T. Mozena Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Title Transfer for 1598 Washington City Manager recommending approval authorizing the transfer of title for City-owned real property located at 1598 Washington Street, to Community Housing Initiatives Inc. RESOLUTION Approving the Transfer of Title of Real Estate located at 1598 Washington Street, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Alcohol Compliance Civil Penalty for Alcohol License Holder—Aldi, Inc. #80 City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Aldi, Inc. #80, 2160 Holliday Dr. Suggested Disposition: Receive and File; Approve 15. Liquor License Renewals 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) BOARDS/COMMISSIONS 1. Appointments to the following commissions to be made at this meeting. Housing Code Appeals Board Two, 3 year terms through January 11, 2018 (Expiring terms of Gotz and Miller) Applicants: Mary Gotz, 1844 Bennett St. (Additional Application) Fred Miller, 2462 Central Ave. Human Rights Commission Three, 3 year terms through January 1, 2018 (Expiring terms of Allen, Lee and Stewart) One, 3 yearterm through January 1, 2017 (Vacant term of Ostwinkle) Applicants: Anthony Allen, PO Box 1721 Frederick Davis Jr., 348 West 1 st St. Nikkole Nutter, 2897 Asbury Rd. R.R.S Stewart, 460 Summit St. Shirley Templeton Vaughn, 2973 Castle Woods Ln. This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 3 males/2 females Zoning Advisory Commission One, 3 year term through July 1, 2015 (Vacant term of Miller) Applicants: Justin McCarthy, 315 River Ridge St. Laura Roussell, 3224 Bittersweet Ln. Greg Yoko, 3660 Seville This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 5 males/1 female Zoning Board of Adjustments One, 5 year term through March 25, 2017 (Vacant term of Gibbs) Applicant: Bethany Golombeski, 65 Cambridge Ct. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 3 males/1 female 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. Interstate Power and Light Company Franchise Agreement Proof of Publication on notice of public hearing to consider an Ordinance granting to Interstate Power and Light Company, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Dubuque, Iowa, an electric system and to furnish and sell electric energy to the City and its inhabitants and authorizing the City to collect franchise fees for a period of 25 years and the City Manager recommending approval. ORDINANCE Repealing Ordinance No. 58-93 and granting to Interstate Power and Light Company, Its Successors and Assigns, The Right and Non-Exclusive Franchise to Acquire, Construct, Erect, Maintain and Operate in the City of Dubuque, Iowa, an electric system and to furnish and sell electric energy to the City and its inhabitants and authorizing the City to collect franchise fees for a period of 25 years Suggested Disposition: Receive and File; Motion B; Motion A 2. Black Hills Energy Corporation Franchise Amendment Proof of Publication on notice of public hearing to consider an amendment to City Of Dubuque Code of Ordinances Sec. 11-4-23: Franchise Fee, authorizing the City Council to impose a franchise fee not to exceed three percent (3%) on the gross revenue generated from the distribution and sale of natural gas or mixed gas within the City of Dubuque, by increasing such authority to five percent (5%) and the City Manager recommending approval. ORDINANCE Amending City of Dubuque Code of Ordinances Sec. 11-4-23: Franchise Fee, Authorizing the City Council to impose a Franchise Fee not to exceed three percent (3%) on the gross revenue generated from the distribution and sale of natural gas or mixed gas within the City of Dubuque, by increasing such authority to five percent (5%) Suggested Disposition: Receive and File; Motion B; Motion A 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. Comprehensive Annual Financial Report (CAFR)for Fiscal Year Ending June 30, 2014 and Auditor's Presentation City Manager transmitting the Fiscal Year 2014 Comprehensive Financial Report (CAFR), Auditors Communication with Those Charged with Governance Letter, the City Finance staff responses to auditor's findings and Eide Bailly CPA Audit Partner Dave Cahill's presentation. Suggested Disposition: Receive and File; Make Matter of Record 2. Code of Ordinances Amendment Title 10 -Sledding in City Parks City Manager recommending approval of an ordinance prohibiting sledding, downhill skiing, snowboarding or tobogganing on City property except in designated areas of certain parks. ORDINANCE Amending Title 10 Public Ways And Property, Chapter 5 Parks And Recreation, Article B Use Regulations by adopting a new Section 10-5b-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or Tobogganing Except in Certain Designated Areas in Certain City Parks Suggested Disposition: Receive and File; Motion B; Motion A 3. Grand River Center Annual Report Mitzi Yordy, Manager of the Grand River Center, will make a presentation to the City Council on the 2014 Annual Report and updates of activities in the current fiscal year and plans for the future. Suggested Disposition: Receive and File 4. Emerald Ash Borer Readiness Plan City Manager recommending adoption of the Emerald Ash Borer (EAB) Readiness Plan. Suggested Disposition: Receive and File; Approve 5. Adoption of the 2014 National Electrical Code City Manager recommending adoption of the 2014 edition of the National Electrical Code. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code by adopting The National Electrical Code, 2014 Version With Amendments thereto; and adopting a new Section 14-1d-3 Establishing the Electrical Code Board and Providing for the Powers, Operation, Membership, and Meetings Suggested Disposition: Receive and File; Motion B; Motion A 6. Update on Bee Branch Creek Restoration Project City Engineer Gus Psihoyos is providing an update regarding the proposed construction schedule for the Upper Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File 7. Property Acquisition -400 East 22nd Street (Deconstruction Project) City Manager recommending approval to deconstruct 400 E. 22nd Street as required for the construction of the Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Approve 8. 'River Boat Bench" Agreement -Shawna Lipper City Manager recommending approval to present agreement to Shawna Lipper. Suggested Disposition: Receive and File; Approve 9. Request to Schedule Convention &Visitors Bureau Budget Work Session City Manager requesting that the City Council schedule a work session on the Dubuque Area Convention &Visitors Bureau Budget for February 2, 2015 at 5:30 p.m. Suggested Disposition: Receive and File; Council 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 to Chapter 21.5(1)(c), -Q)Code of Iowa ADJOURNMENT