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Proof of Publication_City Council Proceedings 1 5 159 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation,publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 14, 2015, and for which the charge is $164.15. R 12, Subscribed to before ne, otary Public in and for Dubuque County, Iowa, this day of , 20 otary Public in and for Dubuque County, Iowa. ��ctAl a� V1163Y K,WESTERMEYER x '.ommission Number 154885 +ow* Pr',y Comm. Exp,FEB. 1,20V Rockdale..:.. Road., from Ruth Willis. Upon motion the documents ' were receiv,ed and,filed and Resolution No- 02 15,L ;.Approving , theAcquisition. of Real Estate Owned by Ruth A :Wiliis'in the City of 4 -Dubuque;. Iowa, ,was adopted 9 Property `Acqui tlon- 396,14.Locust- Property: City Manager recommending approv- al to acquire property at 396 West Locust Street from DB&T Community Corp. Upon motion the documents were received and filed and -Resolution No: 03- 15 Approving,: , the Acquisition of real estate owned by DB&T. Community Develop"- ment Corp, at 396 West Locust in•"the -.City ; of Dubuque;'wasadopted. ' 10. SRF Green .AlIey Project Bid Set:3 Year 1: ' :City Manager • recommending 'accept accept- ance- of , the con- struction contract for the SRF Green Alley, - Bid Set 3 Year 1 Project, and ;further recommending, adop- tion.„;'. .of dop-tion ;•':of the: Final Schedule of ;Assess- ments: :Upon' motion the' documents were received and filed and Resolution No.; 04-15 Accepting .the`. SRF Green .,Alley :Project . Bid,' Set 3 : Year•;1` and Authorizing the; pay men; of the contract_ amount to the' contractor and Reso lution; Nor; 0545 Adopting the, Final; Assessment:4. Scheduler for..tne SRF: Green Alley; Project- Bid Set,3Year 1,"were adopted` 1] 'SRF Green Alley Project; Bid Set :5 Year, 1: City;`Managerrecorn-` mendingacceptance of the ';construction "con- tract -for the SRF"Green Alley - Bid Sets Year 1 Project, and further recommending`adop CITY OF DUBUQUE, tion -'of the Final, IOWA Schedule of Assess CITY COUNCILments Upon motion PROCEEDINGS the documents` ,were .REGULAR SESSION „ received''and•filed .and' The Dubuque City, Resolution No.' 06-15 Council metin.regular. Accepting the_: SRF.. session at 6:30 p m:: on`, Green=Alleyy Project : January5, 2015 i❑ the:. Bid Set 5 Year'1 ,and Historic Federal,Build ; Authorizing,pay ing'350 W.6th Street., ment, of the rco.:ntract Present: Mayor:Buns;: amount t0 the Council Members contracr rand Reno Braig, Connors, Jones,• luteon:•to• No. ".07,15 Lynch,'Resnick,Sutton; Adopting the Final City;, Manager Vans Assessment Schedule Milligen Cit7sAttorney:, fo yr the SRF Green Alley; Lindahl Prosect., Bid.Set 5 Year Mayor Buol.read thea ,1, were adopted- calland stated this:iso 12. , Pre -Annexation regular, session Of the,; Agreement -.14682 Old City Council called for:: Highway .Ro.c., Rodney the . purpose of and ` Diann Mozena ; conducting such busi City. Manager recom nessthatmayproperly,,: mending,approval of a come beforethe City Pre Annexation Agree Council. .: Merit' with Rodney. M" PLEDGE OF and Diann T. Mozena, ALLEGIANCE "'•'property owners."- :at PROCLAMATIONS) 14682 Old Highway, ; 1. Camp Lifetree Road. Upon motion:the' Week (June 21-27, documents .were re- 2015),.wa- accepted by' :ceived=and filed and , .Mark Beard; :Executive Resolution No:, -!;„08-15 Director Camp Lifetree' Approving ar Pre Dubuque:'"•Annexation Agreement.. CONSENT"ITEMS •between the : City. of Motion by Lynch to _Dubuque; receive and file the Rodney M. and Diann T. .documents, adapt the Mozena,,was adopted. -resolution's,'-and' dis- 13..Title Transfer for pose of as indicated. 1598 Washington: City Seconded by •`Connors: '= Manager recommend-; Motion carried 7 0.- ing approval author - 1.: Minutes and:, izing the transfer- of Reports Submitted: title ,.for City owned Civil :Service ( Minutes' real„, prdpeety„ located" 12/15; Human Rights at 1598 Washington: Commission' ,,'Minutes`, Street, to Community 1110; - Library Board" Housing Initiatives Inc. Minutes. 10/20.. and Upon motion;; the 11/19; "Sister "`city documents, were, re-', Minutes 11/12; Parks' ceived'and' filed and• and - Recreafion Min Resolution. No ;!09-15" Utes 12/9; 'Proof of Approving the Transfer Publication for -City of Title of Real Estate Council proceedings of located at , 1598 12/1. Upon' motion the Washington Street, in' documents::, were re- the City of Dubuque,' ceived and:filed.' • lowa,'was adopted. 2: Notice-o'f,«Claims;, 14 Alcohol .Com ' ,.and.;Suits: Society Ins-:;,.Phance. Cevel Penalty (Marian Backes) for; for Alcohol' "License personal injuryQuick's Holder Aldi, Inc. #80: `. Capital for :'property ,City Manager ,recom- damage..Upon motion :; mending -approval of the documents were.:: the,',Acknowledgment/ received, filed and'`'' Settlement SAgreement referred to the• City for ` an alcohol Attorney compliance violation 3 Dispos tion of f0F Aldi,`, Inc #80„ 2160. Claims. Cety.Attorney:• Holl•rday�--Dr-"Upon �. advising thatthe; motion the, documents following claims have' were `':received, filed' been referred;to',Public'r and approved ;! .Entity Risk Se'Ivices,of 15. Liquor License Iowa the agent for the Renewals -" City Man= Iowa Communities ager 'recommending Assurance• -Pool. ,Mar- :' approval • of•.,an`nual, :' ian'Backes for: personal `. .liquor, :;beer, and wine .injury. Upon motion the-. licenses.: as`submitted: `documents were re- Upon • " motion the ceived, "' filed , and documents - were re concurred .=a• ceived ;and.,filed and. 4., Mediacom Com:., Resolution .No. 10-15 munications Company Approving` Applications Correspondence from;for Beer__ Liquor, and/or.. Mediacom : Commun- ` Wine °' Permits, * as ications Company ad -,1 required' by City of vising the ,. City of. Dubuque Code; : of programming,additions^; Ordinances Title 4 and rate adjustments Business and License on`-or:about- January Regulations Chapter 2 15th. Upon motion the Liquor:.Control; Article: documents were re- B 'Liquor, ' Beer`` and ceived and filed. Wine Licenses ' and 5. Proposed; Amend- Permits, was adopted. ment for 2015 State ' BOARDS/ Priorities: City Mane- COMMISSIONS ger recommending the Appointments to the ,Food. Residual Com -following commissions Posting' issue be to be made at this deleted from- the City,- meeting. of Dubuque's 2015_' 1. Housing Code State Legislative Pri- Appeals Board: Two, 3 ,,reties Upom' motion year terms through' , ri +f January 11 'ills Legal Notices 2 construct, erect, `main- Amendment: Proof of.. Dave. Cahill, "gave an fiscal year and plans tain and: operate in the publication: on notice oral' presentation. Sec- - for the future. Motion January 1, 2018. Upon -City of Dubuque, Iowa, of; public •,hearing -,to .onded by Connors:, by. Connorto receive, roll call vote, Ms. an electric system and consider an amend- .Motion carried? 0.• ,- file and ` listen ; to Nutter (Braig;, B : to furnish and sell ment • to ,City of .. 2. Code of Ordinances • presentation. Second Jones; lynch,: Resnick, - electric energy to the Dubuque Code of Amendment Title 10 ,. ed by Jones. Motion Sutton), was appointed "City and its inhabitants ' Ordinances` Sec 1P4- Sledding; in City Parks 'carried 7-0. to a • 3 year term and authorizing the '23: • Franchise Fee, City "Manager recons -4. 4. Emerald Ash Borer through January 1, City to collect authorizing the - City mending approval of , ::Readiness Plan: City 2017:.. , ; celved and filed. I 5. Proposed Amend- ment for 2015 State ' Priorities: City Mana- ger recommending the Food Residual Com- posting' Issue be deleted from the City of Dubuque's 2015 State Legislative 'P-i- orities! Upon " motion the documents were recelved,''..filed and Wine Licenses ' and; Permits, was adopted. BOARDS/ COMMISSIONS Appointments to the following commissions to = be made at this meeting. 1. Housing Code Appeals Board: Two, 3 year terms through January 11, 2018 (Expiring terms of Gotz approved: ` and Miller) Applicants: 6 Bloomberg Phil . Mary Gotz, 1844 ant,b,opies Publicr;Art Bennett St. and Fred Challenge "`Letter of Miller, 2462 Central Intent: City Manager Ave. Motion.by Braig to recommending approv- appoint Ms. Getz, and al to submit a Mr.Miller, to 3 -year Bloomberg Phi lanthro- terms through January PiesPublic Art 11, 2018.. Seconded -by'. Challenge Letterof Resnick. Motion car Intent. Upon motion ried 7-0. - the documents were 2 Human Rights received; filed and - Cormistesiomn:' Thtthrorbe 3. approved. • Year rs' ugh 7.,`lowa Community `January. 1,:2018 , Attraction and Tourism (Expinng terms of '(OAT) Grant .• Request. Allen L'ee artd Stewart)' The National Misslss- One, 3 `year term I `ippl River Museum & through January • 1, `Aquarium-., requesting 2017 "(Vacant term of endorsement of an Ostwinkle) Applicants application for a grant Anthony Allen, P0 Box from . the Iowa 1721; Frederick Davis: Community Attraction Jr.,- 348. West 1st St.; and Tourism' (CAT) Nikkole Nutter,.2897 program:: `Upon motion Asbury , Rd; R.R;S the. documents were 'Stewart, 460 Summit::' received' and* filed 'and St., and , Shi'rley Resolution No. 01-15 Templeton Vaughn, Authorizing' Commun- 2973 Castle'•Woods,Ln.` ity . Attraction and Upon -roil ,callvote; Mr; Tourism'; (CAT) Grant Davis Jr. (Braig, Buoh`' Application from the Connors Jones Lynch, ' National Mississippi Resrilbk� Sutton) and: River .,,,Museum. & Ms'Te7npleton Vaughn' Aquarium: of the (Graig; Buol,' Connors,;: Dubuque County ,His Jones, Resnick Sutton) torical-'.society, 'was. were appointed to 3-> adopted: year. erms through;, 8 Pjoperty 'Acqui January 1, 2018. Upon" sition 1980.Rockdale 'Tie -breaking roll call Road City Manager vote Mr. Allen .(Buol, recommending approv- Connors1 Joues; Lynch) al to.acquire, property' was appointed to a 3 - located ,,`: 'at : 1980 , yea, term :. through.; CNul L dim .sage presentation. Motion carried 7-0. 7. Property Acqui- sition - 400 East 22nd Street (Deconstruction Project): City; Manager recommending' appro- val to .deconstruct ppro-val,to,deconstruct 400 i cu Uy L0f1110r5 Motion carried -61 with Lynch voting nay. 9. Request r to Schedule Convention•& Vis Itors Bureau Budget Work Sessibn City Manager ' requesting yuvern the Public Input section of the agenda. There being no further business,. upon motion the City Council adjourned at 8:38 p.m. /s/Trish L. Gleason, CMC, City Clerk'' It 1/14 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 14, 2015, and for which the charge is $164.15. Subscribed to before ( otary Public in and for Dubuque County, Iowa, this %a day of � , 20 /S' . otary Public in and for Dubuque County, Iowa. K, WESTERMEYER ::mmisslon Number 154885 y Comm. Exp. FEB. 1, 2017 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on January 5, 2015 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE uE ALLEGIANCE PROCLAMATION(S) 1. Camp Lifetree Week (June 21-27, 2015): was accepted by Mark Beard, Executive Director, Camp Lifetree Dubuque. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: Civil Service Minutes 12/15; Human Rights Commission Minutes Rockdale Road from Ruth Willis. Upon motion the documents were received and filed and Resolution No. 02- 15 Approving the Acquisition of Real Estate Owned by Ruth A. Willis in the City of Dubuque, Iowa, was adopted. 9. Property Acqui- sition - 396 W. Locust Property: City Manager recommending approv- al to acquire property at 396 West Locust Street from DB&T Community Corp. Upon motion the documents were received and filed and Resolution No. 03- 15 Approving the Acquisition of real estate owned by DB&T Community Develop- ment Corp at 396 West Locust in the City of Dubuque, was adopted. 10. SRF Green Alley Project Bid Set 3 Year 1: City Manager recommending accept- ance of the con- struction contract for the SRF Green Alley - Bid Set 3 Year 1 Project, and further recommending adop- tion of the Final Schedule of Assess- ments. Upon motion the documents were received and filed and Resolution No. 04-15 Accepting the SRF Green Alley Project - Bid Set 3 Year 1 and Authorizing the pay- ment of the contract amount to the contractor and Reso- lution No. 05-15 Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 3 Year 1, were adopted. 11. SRF Green Alley Project Bid Set 5 Year 1: City Manager recom- mending acceptance of the construction con- tract for the SRF Green Alley - Bid Set 5 Year 1 Project, and further recommending adop- tion of the Final Schedule of Assess- ments. Upon motion the documents were received and filed and Resolution No. 06-15 Accepting the SRF Green Alley Project - Bid Set 5 Year 1 and Authorizing the pay- ment of the contract amount to the contractor and Reso- lution No. 07-15 Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 5 Year 1, were adopted. 12. Pre -Annexation Agreement - 14682 Old Highway Rd., Rodney and Diann Mozena: City Manager recom- mending approval of a Pre -Annexation Agree- ment with Rodney M. and Diann T. Mozena, property owners at 14682 Old Highway Road. Upon motion the documents were re- ceived and filed and Resolution No. 08-15 Approving a Pre - Annexation Agreement between the City of Dubuque, Iowa and Rodney M. and Diann T. Mozena, was adopted. 13. Title Transfer for 1598 Washington: City Manager recommend- ing approval author- izing the transfer of title for City -owned real property located at 1598 Washington Street, to Community 11/10; Library Board Housing Initiatives Inc. Minutes 10/20 and Upon motion the 11/19; Sister City documents were re - Minutes 11/12; Parks ceived and filed and and Recreation Min- Resolution No. 09-15 utes 12/9; Proof of Approving the Transfer Publication for City of Title of Real Estate Council proceedings of located at 1598 12/1. Upon motion the Washington Street, in documents were re- the City of Dubuque, ceived and filed. Iowa, was adopted. 2. Notice of Claims 14. Alcohol Com- and Suits: Society Inc. pliance Civil Penalty (Marian Backes) for for Alcohol License personal injury; Quack Holder - Aldi, Inc. #80: Capital for property City Manager recom- damage. Upon motion mending approval of the documents were the Acknowledgment/ received, filed and Settlement Agreement referred to the City for an alcohol Attorney. compliance violation 3. Disposition of for Aldi, Inc. #80, 2160 Claims: City Attorney Holliday Dr. Upon advising that the motion the documents following claims have were received, filed been referred to Public and approved. Entity Risk Services of 15. Liquor License Iowa, the agent for the Renewals: City Man - Iowa Communities ager recommending Assurance Pool: Mar- approval of annual lan Backes for personal liquor, beer, and wine injury. Upon motion the licenses as submitted. documents were re- Upon motion the ceived, filed and documents were re - concurred. ceived and filed and 4. Mediacom Com- Resolution No. 10-15 munications Company: Approving Applications Correspondence from for Beer, Liquor, and/or Mediacom Common- Wine Permits, as [cations Company ad- required by City of vising the City of Dubuque Code of programming additions Ordinances Title 4 and rate adjustments Business and License on or about January Regulations, Chapter 2 15th. Upon motion the Liquor Control, Article documents were re- B Liquor, Beer and ceived and filed. Wine Licenses and 5. Proposed Amend- Permits, was adopted. ment for 2015 State BOARDS/ Priorities: City Mana- COMMISSIONS ger recommending the Appointments to the Food Residual Com- following commissions posting issue be to be made at this deleted from the City meeting. of Dubuque's 2015 1. Housing Code State Legislative Pri- Appeals Board: Two, 3 orities. Upon motion Year terms through ,..,. a..,.., �,..+, ,.,,..., January 11, 2018 Legal Notices January 1, 2018. Upon roll call vote, Ms. Nutter (Braig, Buol, Jones, Lynch, Resnick, Sutton), was appointed to a 3 year term through January 1, 2017. 3. 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 Bitter- sweet tn.; and Greg Yoko, 3660 Seville. Upon roll call vote, Ms. Roussell (Braig, Buol, Connors, Jones, Res- nick) was appointed to a 3 year term through July 1, 2015. 4. Zoning Board of Adjustments: One, 5 year term through March 25, 2017 (Vacant term of Gibbs) Appli- cant: Bethany Golom- beski, 65 Cambridge Ct. Motion by Lynch to appoint Ms. Golom- beski to a 5-year term through March 25, 2017. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council on the following items: 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 as- signs, the right and non-exclusive fran- chise to acquire, construct, erect, main- tain 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 appro- val. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Sec- onded by Braig. Motion Carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 01-15 Repealing Ordinance No. 58-93 and granting to Interstate Power and Light Company, its Successors and As- signs, The Right and Non -Exclusive Fran- chito AcquireMain- , Construct, , tain and OperateErectin the Cityse 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. seconded by Braig. Raki Giannakouros, 1640 Lawndale Street, spoke regarding the deration of the agreement and possi- ble renegotiations. Mo- tion carried 7-0. 2. Black Hills Energy Corporation Franchise Amendment: Proof of publication on notice of public hearing to consider an amend- ment 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 author- ity to five percent (5%) and the City Manager recommending appro- val. City Attorney Lindahl recommending to table and recess until January 24, 2015. Restated motion by Connors to table and recess until January 20, 2415 meeting. Sec- onded by Lynch. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 1. Comprehensive Annual Financial Re- port (CAFR) for Fiscal Year Ending June 30, 2014 and Auditor's Presentation: City Man- ager transmitting the Fiscal Year 2014 Comprehensive Finan- cial Report (CAFR), Auditor's Communi- cation with Those Charged with Gover- nance Letter, the City Finance staff. re- sponses to auditor's findings and Eide Batliy CPA Audit Partner Dave Cahill's presen- tation. Motion by Braig to receive, file and listen to presentation. Dave Cahill gave an oral presentation. Sec- onded by Connors. Motion carried 7-0. 2. Code of Ordinances Amendment Title- 10 - Sledding in City Parks: City Manager recom- mending approval of an ordinance prohibiti- ng sledding, downhill skiing, snowboarding or tobogganing on City property except in designated areas of certain parks. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Sec - carried Braig. Motion carried 6-1 with Resnick voting nay. Motion by Jones for final consideration and passage of ordinance No. 03-15 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 Ski- ing, snowboarding or Tobogganing Except in Certain Designated Areas in Certain City Parks. Seconded by Lynch. Motion carried 6- 1 with Resnick voting nay. 3. Grand River Center Annual Report: Mitzi Yordy, Manager of the Grand River Center, made 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. Motion by Connors to receive, file and listen to presentation, Second- ed by Jones. Motion carried 7-0. 4. Emerald Ash Borer Readiness Plan: City Manager recommend- ing adoption of the Emerald Ash Borer (EAR) Readiness Plan. Motion by Jones to receive, file and ap- prove the documents. Seconded by Braig. Motion carried 7-0. 5. Adoption of the 2014 National Electrical Code: City Manager recommending adop- tion of the 2014 edition of the National Electrical Code. Motion by Braig to receive and file the documents and that the requirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it !s to be passed be suspended. Sec- onded by Resnick. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 04-15 Amending City of Dubuque Code of Ordinances Title 14 Building and Develop- ment, Chapter 1 Building Codes, Article D Electrical Code by adopting The National Electrical Code, 2014 Version With Amend - adopting and adopting a new Section 14-Id-3 Establishing the Electrical Code Board and Providing for the Powers, Oper- ation, Membership, and Meetings. Sec- onded by Connors. Motion carried 7-0. 6. Update on Bee Branch Creek Restor- ation Project: City Engineer Gus Psihoyos is providing an update regarding the pro- posed construction schedule for the Upper Bee Branch Creek Restoration Project. Motion by Jones to receive and file. Seconded by Braig. Civil Engineer Deron Muehring and Bee Branch Project Com- munication Specialist Kristen Hill provided a staff report and slide presentation. Motion carried 7-0. 7, Property Acqui- sition - 400 East 22nd Street (Deconstruction Project): City Manager recommending appro- val to deconstruct 400 E. 22nd Street as required for the construction of the Bee Branch Creek Restor- ation Project. Motion by Lynch to receive, file and approve the documents. Seconded by Braig. Motion carried 7-0. 8. "River Boat Bench" Agreement - Shawna Lipper: City Manager recommending appro- val to present agreement to Shawna Lipper. Motion by Braig to receive, file and approve the City Manager presenting the agreement to Shawna Lipper. Sec- onded by Connors. Motion carried 6-1 with Lynch voting nay. 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 Con- vention & Visitors Bureau Budget for February 2, 2015 at 5:30 p.m. Motion by Connors to receive and file the documents and set the work session as recommended. Sec- onded by Braig. Motion carried 7-0. PUBLIC INPUT Jacob Long, 4604 Cardinal Dr., spoke regarding his concerns about the laws that govern the Public Input section of the agenda. There being no further business, upon motion the City Council adjourned at 8:38 p.m. is/Trish L. Gleason, CMC, City Clerk It 1/14 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on January 5, 2015 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Bud; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van for the SRF Green Alley MnCity Attorney Project - Bid Set 5 Year LinddaahlhI 1, were adopted. Mayor Buol read the 12.pre Annexation and statedeof is a Agreement - 14682 Old regular session of the Highway Rd., Rodney City Council called for and Diann Mozena: the purpose °f City Manager recom- neso that may properlymendingconducting such pert' mending approval of a come before the CityPre-Annexation Agree- ment with Rodney M. Council. and Diann T. Mozena, PLEDGE OF property owners at OALLEGIANCE GE GIANCE 14682 Old Highway 1. Camp PRTiON(S) Road. Upon motion the 1. Camp Lifetree documents were re- 2015):We5(June 21 27, ceived and flied and was accepted by Resolution No. 08-15 Mark Beard, Executive Lifetreee Approving a Pre- Dubuque.Dbctor, Camp Annexation Agreement CSbetween the City of Motion ITEMS Dubuque, lows and Motion by Lynch to Rodney M. and Diann T. receive and file the Mozena, was adopted. documents, adopt the 13. Title Transfer for resolutions, and did. 1598 Washington: City pose of as indicated. Manager recommend - Motion by Connors. ing approval author- 1.Motion carried 7-0. zing the transfer of RMinutes and title for City -owned Civileports Submitted:Minutes real property. located 12/15; Service ihtat 1598 Washington Commission Human Minutes Street, to Community 11/10Commission MiBoard Housing Initiatives Inc. Minutes Libra10ry Board Upon motion the 11/19;Minutes Sister and documents were re - Minutes 1/12Citys ceived and filed and and rea io; Parks Resolution No. 09-15 utesand Recreation Min- Approving the Transfer Publication 12/9;onProof Coity of Title of Real Estate CCounclpr for City located at 1598 12/1.0 on motion ofe Washington Street, in docu ens were the the City of Dubuque, documents were re -lows was adopted. of14. Alcohol Com- ceived and filed. 2. Notice Claims pliance Civil Penalty and Suits: Society Ins. for Alcohol License (Marian Backes) for Holder - Aldi, Inc. #80: personalapitalinjury; Quetfck City Manager recom- damage.dafor property mending approval of toUpon motionwthe Acknowledgment/ received,ec documents d Settlement Agreement filed and for an alcohol referred to the City compliance violation Attorney. for Aidi,inc. #80, 2160 3. ➢ sposAitof Holliday Dr. Upon Claims: City Attorney motion the documents advising thatthe were received, filed followieg claim s ubvc and approved. been referred ro Public 15. Liquor License IEntityowa, Risk Services thef Renewals: City Man - Iowa, the agent for ager recommending Assuranceu Communities approval of annual Pool: Mar- liquor, beer, and wine k f personal 11 SRF Green Alley Project Bld Set 5 Year 1: City Manager recom- mending acceptance of the construction con- tract for the SRF Green Alley - Bid Set 5 Year 1 Project, and further recommending adop- tion of the Final Schedule of Assess- ments. Upon motion the documents were received and filed and Resolution No. 06-15 Accepting the SRF Green Ailey Project - Bld Set 5 Year 1 and Authorizing the pay- ment of the contract amount to the contractor and Reso- lution No. 07-15 Adopting the Final Assessment Schedule ion Sac es or per licenses as submitted. U motion the Legal Notices construct, erect, main- Amendment: Proof of Dave Cahill gave an fiscal year and plans tain and operate in the publication on notice oral presentation. Sec- for the future. Motion January 1, 2018. Upon City of Dubuque, Iowa, of public hearing to onded by Connors. by Connors to receive, Jan call vote, Ms. an electric system and consider an amend- Motion carried 7-0. file and inter to Nutter (Braig, eMs. to furnish and sell ment to City of 2. Code of Ordinances presentation. Second - Nutter Lynch, Resnick, electric energy to the Dubuque Code of Amendment Title- 10 - ed by Jones. Motion was appointed City and its inhabitants Ordinances Sec. 11-4- Sledding in City Parks: carried 7-0. Sutton), a 3 year term and authorizing the 23: Franchise Fee, City Manager recom- 4. Emerald Ash Borer City to collect authorizing the City mending approval of Readiness Plan: City through January 1, franchise fees for a Council to impose a an ordinance prohibiti- Manager recommend- 2017. period of 25 years and franchise fee not to ng sledding, downhill ing adoption of the 3. Zoning Advisory the City Manager exceed three percent skiing, snowboarding Emerald Ash Borer Commission: One, 3 recommending appro- (30/0) on the gross or tobogganing on City (EAB) Readiness Plan. year term through July val Motion by Connors revenue generated property except in Motion by Jones to 1,2015 (Vacant term of to receive and file the designated areas of receive, file and ap- • Miller) Applicants: • Justin McCarthy, 315 River Ridge St.; Laura Roussel, 3224 Bitter- sweet Ln.; and Greg Yoko, 3660 Seville. Upon roll cad vote, Ms. Roussell (Braig, Buol, Connors, Jones, Res- nick) was appointed to a 3 year term through July 1, 2015. 4. Zoning Board of Adjustments: One, 5 year term through March 25, 2017 (Vacant term of Gibbs) Appli- cant: Bethany Golom- beski, 65 Cambridge Ct. Motion by Lynch to appoint Ms. Golom- beski to a 5-year term through March 25, 2017. Seconded by Braig. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council on the following items: 1. Interstate Power and Light Company Franchise Agreement: Proof of publication on notice of public hearing to consider an spo ordinance granting to deration of the findings and Eide Baikky Grand River Center, 14 1d 3 Estabhshmg Interstate Power and agreement and possi- CPA Audit Partner made a presentation to the Electrical Code Light Company, its ble renegotiations. Mo- Dave Cahill's presen- the City Council on the Board and Providing successors and as- tion carried 7-0. tation. Motion by Braig 2014 Annual Report for the Powers, Oper- signs, the right and 2. Black Hills Energy to receive, file and and updates of ation, Membership, non-exclusive fran- Corporation Franchise listen to presentation. activities in the current and Meetings. Sec- chise to acquire, from the distribution documents and that and sale of natural gas the requirement that a or mixed gas within the proposed ordinance be City of Dubuque, by considered and voted increasing such author - on for passage at two ity to five percent (5%) Council meetings prior and the City Manager to the meeting at recommending appro- which it is to be passed val. City Attorney be suspended. Sec- Lindahl recommending onded by Braig. Motion to table and recess Carried 7-0. until January 20, 2015. Motion by Connors for Restated motion by final consideration and Connors to table and passage of Ordinance recess until January 20, No. 01-15 Repealing 2015 meeting. Sec - Ordinance No. 58-93 onded by Lynch. and granting to Motion carried 7-0. Interstate Power and Upon motion the rules Light Company, Its were reinstated limit - Successors and As- ing discussion to the signs, The Right and City Council. Non -Exclusive Fran- ACTION ITEMS chise to Acquire, 1. Comprehensive Construct, Erect, Main- Annual Financial Re- tain and Operate in the port (CAFR) for Fiscal City of Dubuque, Iowa, Year Ending June 30, an electric system and 2014 and Auditor's to furnish and sell Presentation: City Man - electric energy to the ager transmitting the C't d its inhabitants Fiscal Year 2014 certain parks. Motion prove the documents. by Jones to receive and Seconded by Braig. file the documents and Motion carried 7-0. that the requirement 5. Adoption of the that a proposed 2014 National Electrical ordinance be con- Code: City Manager sidered and voted on recommending adop- for passage at two tion of the 2014 edition Council meetings prior of the National to the meeting at Electrical Code. Motion which it is to be passed by Braig to receive and be suspended. Sec- file the documents and onded by Braig. Motion that the requirement carried 6-1 with that a proposed Resnick voting nay. ordinance be con - Motion by Jones for sidered and voted on final consideration and for passage at two passage of Ordinance Council meetings prior No. 03-15 Amending to the meeting at Title 10 Public Ways which it is to be passed And Property, Chapter be suspended. Sec- 5 Parks And onded by Resnick. Recreation, Article B Motion carried 7-0. Use Regulations by Motion by Braig for adopting a new Section final consideration and 10-5b-23 Prohibiting passage of Ordinance Sledding, Downhill Ski- No. 04-15 Amending ing, Snowboarding or City of Dubuque Code Tobogganing Except in of Ordinances Title 14 Certain Designated Building and Develop - and and authorizing the Comprehensive Finan- Areas in Certain City rnent, Chapter 1 City to collect cial Report (CAFR), Parks. Seconded by Building Codes, Article franchise fees for a Auditor's Communi- Lynch.Motion carried 6- D Electrical Code by period of 25 years. cation with Those 1 with Resnick voting adopting The National Seconded by Braig. Charged with Gover- nay. Electrical Code, 2014 Raki Giannakouros, nance Letter, the City 3. Grand River Center Version With Amend- 1640 Lawndale Street, Finance staff. re- Annual Report: Mitzi meats thereto; and ke regarding the spouses to auditor's Yordy, Manager of the adopting a new Section injury, Upon m U on motion the documents were re -documents were re- cncurred. filed andd ceived and filed and cooncurResolution No. 1Q-15 mu4. Mediacom Corn- Approving Applications Correspondence ns cefrom for Beer, Liquor, and/or Correspondenco from Wine Permits, as Mediacom Common- d- required by City of !cations Company ad- Dubuque Code of programming the City °f Ordinances Title 4 anogrammiag additions Business and License and rate adjustments Regulations, Chapter 2 on . about tJanutheary Liquor Control, Article documents ens motion the B Liquor, Beer and documents were re -Wine Licenses and ceived and filed. Permits, was adopted. 5. Proposed Amend- to BOARDS/ meat for icy State COMMISSIONS Priorities:eCity Maria-e Appointments to the For recommending the following commissions Food Residual Cam- postingto be made at this deleted issue be ed from themeeting. City mee1. Housing Code of Dubuque's 2015 Appeals Board: Two, 3 orState Legislative motion year terms through theirs. Upon moti re January 11, 2018 received,ec documents and (Expiring terms of Gotz filed and and Miller) Applicants: approved. Mary Gotz, 1844 anthrop6. Bloomberg Public Phil- Bennett St. and Fred Challenge es PLet e Art Miller, 2462 Central Challenge - Letter of Ave. Motion by Braig to recent: Manager appoint Ms. Getz, and recommending approv- Mr. Miller, to 3-year al to submit a Bloomberg Philanthro-terms through January Arties 11, 2018. Seconded by Challenge Public bLetter of Resnick. Motion car - Intent. Upon motion tied 7-0. the documents were 2. Human Rights received, filed and Commission: Three, 3 approved. 7. Iowa Community Attraction and Tourism (CAT) Grant Request: The National Mississ- ippi River Museum & Aquarium requesting endorsement of an application for a grant from the Iowa Community Attraction and Tourism (CAT) program. Upon motion the documents were d d fled and year terrns t rou2018 January 1, (Expiring terms of Allen, Lee and Stewart) One, 3 year term through January 1, 2017 (Vacant term of Ostwinkle) Applicants: Anthony Allen, PO Box 1721; Frederick Davis Jr., 348 West 1st St.; Nikkole Nutter, 2897 Asbury Rd.; R.R.S Stewart, 460 Summit receive an i St.; and Shirley Resolution No. 01-15 Templeton Vaughn, 2973 Castle Woods Ln. ity Attraction on andon- Upon roll call vote, Mr. To AttractiTn and Davis Jr. (Braig, Buol, Applicationicm (CAT) the Connors, Jones, Lynch, afrom the Resnick, Sutton) and RRational Museum Ms. Templeton Vaughn AgueMuseum the (Braig,Buol, Connors, Dubuque of Jones, Resnick, Sutton) torDubuque County wHas were appointed to 3- adopted.k Society, was year terms through January 1, 2018. Upon si6. Property ckdAcque Tie -breaking roll call Road:on Cityy0 Rocnaaee vote, Mr. Allen (Buol, Manager Connors, Jones, Lynch) recommending approv-property was appointed to a 3- I tot acquire 9year term through located at 1980 y onded by Connors. Motion carried 7-0. 6. Update on Bee Branch Creek Restor- ation Project: City Engineer Gus Psihoyos is providing an update regarding the pro- posed construction schedule for the Upper Bee Branch Creek Restoration Project. Motion by Jones to receive and file. Seconded by Braig. Civil Engineer Deron Muehring and Bee Branch Project Com- munication Specialist Kristen Hill provided a staff report and slide presentation. Motion carried 7-0. 7. Property Acqui- sition - 400 East 22nd Street (Deconstruction Project): City Manager recommending appro- val to deconstruct 400 E. 22nd Street as required for the construction of the Bee Branch Creek Restor- ation Project. Motion by Lynch to receive, file and approve the documents. Seconded by Braig. Motion carried 7-0. 8. "River Boat Bench" Agreement - Shawna Lipper: City Manager recommending appro- val to present agreement to Shawna Lipper. Motion by Braig to receive, file and approve the City Manager presenting the agreement to Shawna Lipper. Sec- onded by Connors. Motion carried 6-1 with Lynch voting nay. 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 Con- vention & Visitors Bureau Budget for February 2, 2015 at 5:30 P.m. Motion by Connors to receive and file the documents and set the work session as recommended. Sec- onded by Braig. Motion carried 7-0. PUBLIC INPUT Jacob Long, 4604 Cardinal Dr., spoke regarding his concerns about the laws that govern the Public input section of the agenda. There being no further business, upon motion the City Council adjourned at 8:38 p.m. /s/Trish L. Gleason, CMC, City Clerk It 1/14