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1 5 15 Assistant Clerk's Skeleton Notes and Meeting CallTO: TRISH L. GLEASON, ASSISTANT CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON Monday, January 5, 2015, AT 6:30 PM, IN THE HISTORIC FEDERAL BUILDING TO ACT UPON SUCH BUSINESS THAT MAY PROPERLY COME BEFORE THE COUNCIL. ROY D. B L, MAYOR CONSENT ITEMS: PAGES 1-3 CITY OF DUBUQUE, IOWA PUBLIC NOTICE OF MEETING Government Body: City Council Date: Monday, January 5, 2015 Time: 6:30 PM — Regular Session Place of Meetings: Historic Federal Building, 350 W. 6th Street NOTICE IS HEREBY GIVEN that the above identified governmental body will meet at the time, date and place as set forth above. The TENTATIVE AGENDA for the meeting is as follows: REGULAR SESSION 6:30 PM: Please see attached agenda This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. /s/Kevin S. Firnstahl, City Clerk Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the city clerk's office at (563) 589-4100 or TTY (563) 690-6678 at least 48 hours prior to the meeting. 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 Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton. City Manager Van Mil n, 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 business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Camp Lifetree Week Proclamation (June 21 - 27, 2015): Cllco-V, r-c� CONSENT ITEMS Yays Nays ✓Braig ✓Buol ✓Connors ✓Jones t,'Lynch 1, -Resnick ''utton 1. Minutes and Reports Submitted Civil Service Minutes 12/15; Human Rights Commission Minutes 11/10; Library Board Minutes 10/20 and 11/19; Sister City Minutes 11/12; Parks and Recreation Minutes 12/9; Proof of Publication for City Council proceedings of 12/1 2. Notice of Claims and Suits Society Ins. (Marian Backes) for personal injury; Queck Capital for property damage 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: Marian Backes for personal injury 4. Mediacom Communications Company Correspondence from Mediacom Communications Company advising the City of a programming additions and rate adjustments on or about January 15th. 5. Proposed Amendment for 2015 State Priorities City Manager recommending the Food Residual Composting issue be deleted from the City of Dubuque's 2015 State Legislative Priorities. 6. Bloomberg Philanthropies Public Art Challenge - Letter of Intent City Manager recommending approval to submit a Bloomberg Philanthropies Public Art Challenge Letter of Intent. 7. Iowa Community Attraction and Tourism (CAT) Grant Request The National Mississippi River Museum & Aquarium requesting endorsement of an application for a grant from the Iowa Community Attraction and Tourism (CAT) program. RESOLUTION NO. 01-15 Authorizing Community Attraction and Tourism (CAT) Grant Application From the National Mississippi River Museum & Aquarium of the Dubuque County Historical Society Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 8. Property Acquisition - 1980 Rockdale Road City Manager recommending approval to acquire property located at 1980 Rockdale Road from Ruth Willis. RESOLUTION NO. 02-15 Approving the Acquisition of Real Estate Owned by Ruth A. Willis in the City of Dubuque, Iowa 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 NO. 03-15 Approving the Acquisition of real estate owned by DB&T Community Development Corp at 396 West Locust in the City of Dubuque 10. SRF Green AIIey Project Bid Set 3 Year 1 City Manager recommending acceptance of the construction contract for the SRF Green AIIey — Bid Set 3 Year 1 Project, and further recommending adoption of the Final Schedule of Assessments. RESOLUTION NO. 04-15 Accepting the SRF Green Alley Project - Bid Set 3 Year 1 and Authorizing the payment of the contract amount to the contractor RESOLUTION NO. 05-15 Adopting the Final Assessment Schedule for the SRF Green AIIey Project - Bid Set 3 Year 1 11. SRF Green AIIey Project Bid Set 5 Year 1 City Manager recommending acceptance of the construction contract for the SRF Green AIIey — Bid Set 5 Year 1 Project, and further recommending adoption of the Final Schedule of Assessments. RESOLUTION NO. 06-15 Accepting the SRF Green AIIey Project - Bid Set 5 Year 1 and Authorizing the payment of the contract amount to the contractor RESOLUTION NO. 07-15 Adopting the Final Assessment Schedule for the SRF Green AIIey Project - Bid Set 5 Year 1 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 NO. 08-15 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Rodney M. and Diann T. Mozena Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 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 NO. 09-15 Approving the Transfer of Title of Real Estate located at 1598 Washington Street, in the City of Dubuque, Iowa 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. 15. Liquor License Renewals City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION NO. 10-15 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 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 and Miller) Applicants: Mary Gotz, 1844 Bennett St. (Additional Application) Fred Miller, 2462 Central Ave. Yays Nays Nays 1 ✓Braig Buol +.-Buol Connors L./Connors Lynch ✓Jones Resnick 'Lynch e Resnick mutton 2. Human Rights Commission Three, 3 year terms through January 1, 2018 (Expiring terms of Allen, Lee and Stewart) One, 3 year term through January 1, 2017 (Vacant term of Ostwinkle) Applicants: 3 Anthony Allen, PO Box 1721 1 s , I ► Frederick Davis Jr., 348 West 1st St. Nikkole Nutter, 2897 Asbury Rd. t 11 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 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton KACol 1% 3. Zoning Advisory Commission One, 3 year term through July 1, 2015 (Vacant term of Miller) Applicants: Justin McCarthy, 315 River Ridge St. l 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 Yays Nays -/Braig Braig --'Buol Buol ,eConnors Connors Jones Lynch Resnick Sutton 4. 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 Yays Nays -/Braig --'Buol ,eConnors Jones ✓Cynch ✓Resnick ✓:iutton PUBLIC HEARINGS SUSPEND THE RULES Yays Nays ✓Graig 4./Buol LCOnnors ✓Jones lynch -Resnick �✓S`utton 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 NO. 01-15 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 Suspend the Readings Yays Nays ✓Braig - Buol ✓Connors 'Jones ✓Lynch -1 esnick ,Sutton Final Reading and Adopt Yays Nays a ,/Braig ✓Buol ✓Connors hones ✓Lynch Resnick ,'button toq 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 No. 02-15 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 Suspend the Readings Yays Nays Nays Braig Craig Buol ,rBraig 1 Connors ‘-''Buol Jones 1 Lynch t4ones Resnick 1 ✓Jones Sutton REINSTATE THE RULES Yays tng and Adopt Nays Craig ,rBraig ✓Buol ‘-''Buol L./Connors 1 --Connors t4ones 1 ✓Jones Lynch ''Lynch t,Resnick i --Sutton RG- s F' tng and Adopt Yays Nays ,rBraig ‘-''Buol 1 --Connors ✓Jones ''Lynch Resnick ,S"utton ACTION ITEMS 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), Auditor's 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 Yays Nays I ...'Braig '-'Iuol -Connors ✓Jones -'Lynch .'Resnick Hutton 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 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 Skiing, Snowboarding or Tobogganing Except in Certain Designated Areas in Certain City Parks Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays ,c9 ,./ raig -raig "Buol =--'Connors 'uol t -''Jones Lynch Jones Resnick „s 3, /Sutton Final Reading and Adopt Yays Nays -raig 'uol -'Connors 1 Jones 3, Lynch Resnick ,/ 'utton 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 Yays Nays ✓Braig -Buol 1 Connors 4ones -Lynch Resnick ..,Sutton 4. Emerald Ash Borer Readiness Plan City Manager recommending adoption of the Emerald Ash Borer (EAB) Readiness Plan. Suggested Disposition: Receive and File; Approve Yays Nays a vBraig -'uol .4 onnors Jones ✓Lynch 'Resnick mutton 5. Adoption of the 2014 National Electrical Code City Manager recommending adoption of the 2014 edition of the National Electrical Code. ORDINANCE NO. 03-15 o4-4,---1 mending City of Dubuque Code of Ordinances Title 14 Building and Developmen , 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 Suspend the Readings Yays Nays raig uol Connors Jones ynch esnick utton Final Reading and Adopt Yays Nays I ✓Graig -uol . -Connors .,-'Jones . -Lynch ,,Resnick ,,Button 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 Yays Nays i ,rBraig —Buol -'Tonnors --Jones �Cynch ..Resnick , Zutton s-"Cra- or� ii 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 Yays Nays .."Braig UBuoi Connors L4ones --Lynch -Resnick 'utton 8. "River Boat Bench" Agreement - Shawna Lipper City Manager recommending approval to present agreement to Shawna Lipper. Suggested Disposition: Receive and File; Approve Yays Nays i raig uoI onnors ones Lynch v/ esnick utton 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 Yays Nays --'Braig uol 1 Connors -Jones ,tynch -esnick tton COUNCIL MEMBER REPORT PUBLIC INPUT L. PUBLIC INPUT CLOSED SESSION Pending Litigation a r d Property Acquisition to Chapter 21.5(1)(c), -(j) Code of Iowa Yays Nays Braig C nors ones Lynch Resnick Sutton ADJOURNMENT Sp. Yays Nays Craig a.Buol reonnors Tones ..-Lynch ✓Flesnick ,-,Sutton