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1 3 11 City Clerk's Skeleton NotesCITY COUNCIL REGULAR SESSION, JANUARY 3, 204 COUNCIL MET IN REGULAR SESSION AT 6:30 P.M. IN THE HISTORIC FEDERAL BUILDING PRESENT: MAYOR BL OL, COUNCIL MEMBERS,Rigg, CdNNORS, J6 ES, LYOICH, REIICK, V95rT -BEJG CITY MANAGER VAN)VIILLIGEN; CITY ATTORNE INDAHL ABSENT: 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 City Council. PLEDGE OF ALLEGIANCE INVOCATION: Reverend Maria Wiblin, Hillcrest Family Services 1 ( ( CONSENT ITEMS / Yes // 2 Jones Lynch Resnick g Brig Buol onnors Nays 1 Minutes and Reports Submitted City Council of 12/20 and 12/21; Environmental Stewardship Advisory Commission of 12/7; Historic Preservation Commission of 12/16; Library Board of Trustees of 11/16 Investment Oversight Advisory Commission's 70 Quarterly Report Library Board of Trustees Update from Meeting of December 15, 2010 Proof of publication of City Council Proceedings of December 6, 2010 Suggested Disposition: Receive and File 2. Notice of Claims /Suits David Klavitter for property damage; Walter Joniec for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney 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: David Klavitter Suggested Disposition: Receive and File; Concur Ayes Nays Jones Lynch Resnick ueetberg Bra's— Buol Connors ( ( 3. Purchase of Property — Bee Branch Creek Restoration Project City Manager recommending approval of the purchase of a commercial property, located at 500 Rhomberg Avenue and owned by PJ's Tap, LLC, as part of the acquisition program associated with the Bee Branch Creek Restoration Project. / RESOLUTION - l/ Approving the acquisition of real estate owned by PJ's Tap, LLC in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution 4. 2010 Drain Tile Project City Manager recommending acceptance of the construction contract for the 2010 Drain Tile Project, as completed by Drew Cook & Sons Excavating, in the final contract amount of $20,272.84. RESOLUTION "l/ Accepting the 2010 Drain Tile Program and authorizing payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution 5. NAI Region 5 Awards Nomination for the Friends of the Mines of Spain City Manager recommending approval of a letter of support for the Interpretation Award Nomination for the Friends of the Mines of Spain. Suggested Disposition: Receive and File; Approve 6. Trees Forever Grant Application City Manager recommending approval of the submission of a $7,000 Trees Forever grant application to fund a small portion of the 485 trees planned along the lower portion of the Bee Branch Creek Restoration Project. RESOLUTION "l � Support of Trees Forever Application for funding for the Bee Branch Creek Restoration Project Suggested Disposition: Receive and File; Adopt Resolution Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 3 1 ( ( 7. Westbrook Park Temporary Location Lease City Manager recommending approval of an amendment to the lease between the City and Callahan Construction, Inc. to change the location for Westbrook Park from Lots 38 and 39 to Lots 1 and 2. Suggested Disposition: Receive and File; Approve 8. Residency Requirement for Sister City Relationships Advisory Commission Communication from Jeffrey L. Walters submitting his application to the Sister City Relationships Advisory Commission and advising that he lives outside the City limits. Suggested Disposition: Receive and File 9. Advisory Board for the National ADA Coordinator Certification Program City Manager transmitting information on the appointment of Human Rights Director Kelly Larson to the Advisory Board for the ADA Coordinator Certification Program. Suggested Disposition: Receive and File 10. EMS Student Contract with NICC City Manager recommending approval to execute an Emergency Medical Services Student contract with Northeast Iowa Community College. Suggested Disposition: Receive and File; Approve 11. Signed Contracts -- Bee Branch Creek Restoration Project — Phase I Environmental Assessment Suggested Disposition: Receive and File Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 4 i l ( 12. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION • Granting the issuance of a Class "C" Beer Permit to Hartig Drug Company #4 and Sam's Club #4973 RESOLUTION 3 Granting the issuance of a Class "B" (Hotel /Motel) Liquor License to Best Western Plus Hotel and Conference Center / Champps Americana; a Class "C" Beer /Liquor License to Breezers Pub and The Lounge; and a Class "B" Wine Permit to Sam's Club, Dubuque Religious Center and Hartig Drug #4 Suggested Disposition: Receive and File; Adopt Resolutions Ayes Nays Jones Lynch Resnick Voetberg Braig Buol Connors 5 l ITEM TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Release of Easements — Lot 1 of Yiannias Place City Manager recommending that a public hearing be set for January 18, 2011 to consider a request from Brian Kane, representing Key City Investment Company, for the release of easements in Yiannias Place in the City of Dubuque. RESOLUTION Of intent to dispose of City interest in Easement "B" and Easement "D" in Lot 1 and Lot 1A of Yiannias Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 1/18/11 A,ye Jones Lynch Resnick Buol Connors 6 Nays 1 1 BOARDS /COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards /Commissions; applicant appointments will be made at the next City Council meeting. Housing Code Appeals Board One 3 -year term through January 11, 2014 (Term of Young) Applicant: David Young, 1572 Central Avenue Sister City Relationships Advisory Commission Setting 10 Initial Terms: Three 1 -year terms through February 1, 2012 Three 2 -year terms through February 1, 2013 Four 3 -year terms through February 1, 2014 Applicants: Sheila Castaneda, 1014 Dunham Driv, Michael Coty, 125 Bluff Street Larissa Filimonenko, 2260 Sama tha Drive -,0 '' Jeffrey Jochum, 3750 Aerostar Drive -,p Richard Landis, 2390 Clarke Crest Driv Pat McNamara, 1041 Shady Oaks Drive -ti William Mclntee, 1339 Belmont Street Eric Miller, 1290 W. 5 Street, #1 Betty Phillips, 3047 Kane Court -z Louise Thurn, 303 Kaufmann AV'e ue ' Council Mem ers L of 12 members. and Voetberg serve as City council representatives for a total 7 i ( ACTION ITEMS These are items where discussion is held by the City Council — public comments are not 1 allowed except as authorized by the Mayor. ) i 2 1. Historic Preservation Commission Communication from the Historic Preservation Commission advising that they have renewed their commitment to public outreach and providing a report on the initial efforts. Suggested Disposition: Receive and File Ayes /: Jones / Lynch / Resnick Verg / Buol / Connors 8 Nays ' 40' / ( 2. Amendments to the Housing Code City Manager recommending approval of amendments to the Housing Code to require crime -free training, to require tenant criminal background checks and to designate certain rental property owners as Priority Category. ORDINANCE Amending City Of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment, Chapter 6 Housing Regulations, Section 6 -6 -7 Licenses and Inspections requiring a property owner, manager, or licensed real estate professional to participate in the crime free multihousing program as a condition of a license issuance or renewal for a rental dwelling operating license ORDINANCE Amending the City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment, Chapter 6 Housing Regulations by adopting a new Section 6 -6 -11 Priority Category; amending Chapter 6 Housing Regulations by adopting a new Section 6 -6 -12 Procedure for Hearing Appeal of Priority Category Status; and amending Chapter 6 Housing Regulations by adopting a new Section 6 -6 -13 Inspection of Properties Owned by Priority Category Suggested Disposition: Receive and File; Motion B; Motion A Receive /File; S Readings Aye r Jones Lynch Resnick Brat / Buol (1onnors Nays Ayes Nayes Jones Lynch Resnick yoetbrerg Emig Buol Connors 9 Final Reading and Adopt m �� l ( 3. Federal Emergency Management Agency (FEMA) Flood Plain Map Update City Manager providing an update on the City of Dubuque's Technical Appeal of FEMA's Preliminary Digital Flood Insurance Rate Map for our community. Suggested Disposition: Receive and File Receive /File; Su Readings Ay s Jones Lynch Resnick „ Yeetberg Bing Buol Connors sp d the Nays Ayg Nays Jones Lynch Resnick )Leetbetg ig Buol Connors 4. Extension of Southwest Arterial Moratorium City Manager recommending approval of the extension of the development moratorium for the Southwest Arterial Corridor to July 1, 2012. ORDINANCE Amending the City of Dubuque Code of Ordinances by amending Title 14 Buildings and Development) and by amending Title 16 (Unified Development Code) extending the development moratorium for the Southwest Arterial Corridor to July 1, 2012 Suggested Disposition: Receive and File; Motion B; Motion A Ayes Nayes Jones Lynch Resnick Y4aetburg Beaks Buol Connors 10 Final Reading and Adopt J � l 5. Solar Thermal Licensing, Permitting and Inspections City Manager recommending approval of amending the Code of Ordinances to create a Solar Thermal licensing system and empower Solar Thermal permits and inspections. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development by adding Chapter 13 Solar Thermal Licenses which requires a license in order to perform work on solar thermal systems ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development by adding Chapter 14 Solar Thermal Systems requiring permits and inspections for work performed on solar thermal systems and setting forth the standards for solar thermal systems Suggested Disposition: Receive and File; Motion B; Motion A Receive /File; S�lsp�d the Readings Final Reading and Adopt A/// s (, Jones Lynch Resnick Voetiberg Buol Connors Nays 11 Ayes Nayes Jones Lynch Resnick Vaetberg Breig Buol Connors 1 I 6. Selection of Color for "The Jule" City Manager submitting color options for "The Jule" for City Council consideration. Suggested Disposition: Receive and File; Couyil yes 12 Jones Lynch ) Resnick -ktOgWrg g Buol Connors a Ayes Nays Jones Lynch Resnick Voetburg Brat Buol Connors I 7. Friends of the Mines of Spain Advisory Board City Manager requesting that the City Council designate a representative to the Friends of the Mines of Spain Advisory Board. Suggested Disposition: Receive and File; Council ASointment Jones Lynch Resnick Vinfterg / Bret Buol ,� ( )bonnors 8. Amendment to Iowa Finance Authority (IFA) Loan Agreement City Manager recommending approval of an amendment to the Iowa Finance Authority loan agreement for financing a portion of the costs of projects in the Historic Millwork District in an amount up to $4,500,000. Suggested Disposition: Receive and File; Approve y e / Jones Lynch , �O % Resnick e I'g Broig Buol Connors 13 Nays Nays 9. Community Development Block Grant Award to CARADCO Project City Manager recommending that the City indicate its interest in accepting a $5.9 million Community Development Block Grant award for the CARADO project to the Iowa Department of Economic Development. Suggested Disposition: Receive and File; Approve 10. AV Preeminent Rating for City Attorney Notification that City Attorney Barry Lindahl has been Rating from the Martindale - Hubbell Peer Review. Suggested Disposition: Receive and File Ayes ✓ Jones / Lynch Resnick '✓ M. er g Bmig Buol Connors COUNCIL MEMBER REPORTS PUBLIC INPUT Jones Lynch Resnick berg Dreg Buol Connors Nays a d the AV Preeminent Nays 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. 14 i Motion to go into Closed Session at % .0` CLOSED SESSION Pending Litigation and Property Acquisition — Chapter 21.5(1)(c)(j) Code of Iowa Collective Bargaining Strategy - Iowa Code Chapter 20.17(3) Motion to adjourn at 15 Jones Lynch Resnick Vag Boaig Buol Connors Nays Ayes Nays Jones Lynch Resnick Yeetturg Wet Buol Connors I - - - - 4 A d‘e)/ _ -