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12 16 13 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, December 16, 2013 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pages 1 -4 oy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on December 16, 2013 in the Historic Federal Buildin , 350 W. 6th Street. Present: Mayor uol• Council Members Brai Co�iiors Jofies Lch Rd'snick Sutton; City g, , Yn Y Manager Vats A illigen, City Attorney Lirj Bahl 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. Yays, Nays 1/ Jones v" Lynch Resnick V/ Sutton 1/ Braig Buol 1/A_ Connors PLEDGE OF ALLEGIANCE CONSENT ITEMS ee, 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 11/5, Catfish Creek Watershed Management Authority of 10/22, City Council proceedings of 12/2, Civil Service Commission of 11/11, Housing Commission of 10/22, Human Rights Commission of 11/18, Library Board of Trustees of 10/24, Long Range Planning Advisory Commission of 11/20, Zoning Advisory Commission of 12/4, Zoning Board of Adjustment of 11/21, Proof of Publication for City Council proceedings of 11/18 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Melissa Gilstrap for property damage, Dawn Sheffer for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney 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: Melissa Gilstrap for property damage and Dawn Sheffer for vehicle damage. Suggested Disposition: Receive and File; Concur 1 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 4. Bee Branch Creek Watershed Flood Mitigation Project City Manager transmitting the Bee Branch Creek Watershed Flood Mitigation Project Brochure. Suggested Disposition: Receive and File 5. Fiscal Year 2015 Annual Tax Increment Financing (TIF) Report City Manager transmitting the Annual Tax Increment Financing (TIF) Report that has been filed with Dubuque County Auditor Denise Dolan. Suggested Disposition: Receive and File 6. Human Rights Commission Commissioner Michael Elliott submitting his resignation from the Human Rights Commission. Suggested Disposition: Receive and File; Accept Resignation 7. Housing Commission Commissioner Judie Root submitting her resignation from the Housing Commission. Suggested Disposition: Receive and File; Accept Resignation 8. Civil Service Commission Civil Service Commission submitting the certified list for the position of Foreman. Suggested Disposition: Receive and File; Make Matter of Record 9. Final Plat - Brunskill Street Place No. 2 Zoning Advisory Commission recommending approval of the final plat for Brunskill Street Place No 2. subject to waiving the lot frontage requirements for Lots 2 through 6. RESOLUTION 349- 13Approving the final Plat of Brunskill Street Place No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), 2 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 10. Final Plat - Freedom Ridge Estates Plat 2 Zoning Advisory Commission recommending approval of the final plat for Freedom Ridge Estates Plat 2 subject to waiving lot frontage for Lots 1, 2, and 4. RESOLUTION 350 -13 Approving the Final Plat Freedom Ridge Estates, Plat 2, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Final Plat - Katra Subdivision City Manager recommending approval of the Final Plat of Katra Subdivision, subject to allowing a 22 -foot paving width for Katra Court, a 25.88 -foot lot frontage for Lot 5, and waiving Sections 11- 20 Water Supply 11 -21 Sanitary Sewer, 11 -23 Obligation to Install Improvements, and 11 -24 Improvement Guarantees. RESOLUTION 351 -13 Approving the Final Plat of Katra Subdivision in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Freedom Ridge Estates Pre - Annexation Agreement City Manager recommending approval of a Pre - Annexation Agreement with John and Tina Perry, property owners of 10600 Freedom Ridge Drive. RESOLUTION 352 -13 Approving a Pre - Annexation Agreement between the City of Dubuque, Iowa and John W. and Tina M. Perry. Suggested Disposition: Receive and File; Adopt Resolution(s) 13. IDOT Excess Right -of -Way Acceptance of Patent - Curtis and Bryant Streets City Manager recommending acceptance of the Patent from the State of Iowa conveying four remnant parcels at Curtis and Bryant Streets to the City of Dubuque. RESOLUTION 353 -13 Accepting a conveyance of property (Lots E, F, G, and H in Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa) Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 14. Seippel Road Commercial Park - Acceptance of Public Improvements City Manager recommending acceptance of the public improvements that the developer, Seippel Road, LLC, has recently completed in Seippel Road Commercial Park Subdivision. RESOLUTION 354 -13 Accepting public improvements in Seippel Road Commercial Park Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Thirty -Inch Force Main Project Phase I Acceptance City Manager recommending acceptance of the construction contract for Phase I of the 30 -Inch Force Main Relocation Project from 9t" Street to 11th Street as completed by Portzen Construction. RESOLUTION 355 -13 Accepting Phase I of the 30 -Inch Force Main Relocation Project from 7th Street to 12th Street and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Jule Transit System ITS Project Acceptance City Manager recommending acceptance of The Jule Intelligent Transportation Project as completed by Trapeze Group. RESOLUTION 356 -13 Accepting the Jule Intelligent Transportation (ITS) Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Spahn & Rose vs. City of Dubuque City Attorney recommending approval of a Release and Dismissal in the case of Spahn & Rose vs. City of Dubuque related to the 2011 force main break at the former Public Works Garage. Suggested Disposition: Receive and File; Approve 4 Yays Nays Jones Lynch Resnick Sutton Braig Buol / Connors & )»// ,9dzdviv",/wi-/fn 777-c? ele,Ma /4 Aliol ,0 014.--0 1*i/A V fax d' -. mAy) ofkiligr figi4/ litiviii4 bk/ifr AWAol 18. Iowa Natural Heritage Foundation Warranty Deed City Attorney recommending approval of a resolution accepting the Warranty Deed for the former Bottoms property adjacent to the E.B. Lyons Interpretive Center. RESOLUTION 357 -13 Accepting the deed to certain real estate in Dubuque County, Iowa from the Iowa Natural Heritage Foundation Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Sustainable Dubuque Monthly Project Status Report City Manager transmitting the Sustainable Dubuque Monthly Project Status Report for November 2013. Suggested Disposition: Receive and File 20. Family Self- Sufficiency Coordinators Funding ✓ City Manager recommending approval of additional funding in Fiscal Year 2014 to continue employment of the three Family Self- Sufficiency Program Coordinators. Suggested Disposition: Receive and File; Approve 21. TriState Quality Metals Economic Development Assistance Contract City Manager recommending approval of the submission of an Economic Development Assistance Contract by TriState Quality Metals, LLC, the City of Dubuque and the Iowa Economic Development Authority. RESOLUTION 358 -13 Authorizing the execution of an Economic Development Assistance Contract by TriState Quality Metals, LLC, the City of Dubuque and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) 22. 2012 City Council Official Proceedings City Clerk submitting the Official Proceedings of the City Council for 2012. Suggested Disposition: Receive and File; Approve 5 ,��m ani - *i/A 1/0 41/V Wfx,7 WA/11(711 Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 23. Improvement Contracts and Maintenance Bonds Ted Stackis Construction for the Fire Hydrant Painting Program Phase 4. Suggested Disposition: Receive and File; Approve 24. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION 359 -13 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) 6 BOARDS /COMMISSIONS Review of applications to the following Boards /Commissions: 1. Human Rights Commission Three 3 -year terms through January 1, 2017 (vacant term of Elliott and Expiring terms of Beacham and Jackson) Applicants: Andrea Beacham, 1548 Pego Ct. Miguel Jackson, 2130 Woodland Dr., Apt 11 Christopher Ostwinkle, Ph.D., 3678 Pennsylvania Ave., Apt 0 -183 This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners total; currently 5 males /3 females 2. Mediacom Charitable Foundation Two 1 -year terms through December 31, 2014 (Expiring terms of Chavenelle and Twining) Applicants: Gail Chavenelle, 1155 Kelly Ln. Connie Twining, 421 N. Booth St. PUBLIC HEARINGS SUSPEND THE RULES Yays Nays i// Jones Lynch Resnick V Sutton Braig Buol Connors 1. Voluntary Annexation - Truck Country, 10785 U.S. Highway 61/151 Proof of publication on notice of public hearing to consider the request by McCoy Family Properties for the voluntary annexation of territory south of the City, and generally located at Truck Country, 10785 U.S. Highway 61/151 and the City Manager recommending tabling to the January 6, 2014 meeting. Suggested Disposition: Receive and File; Table to January 6, 2014 REINSTATE THE RULES Yays Nays Jones Lynch Resnick Sutton Braig Buol Connors 8 ACTION ITEMS 1. 50% by 2030 Community Climate Action and Resiliency Plan City Manager recommending approval of the final 50% by 2030 Community Climate Action and Resiliency Plan. Suggested Disposition: Receive and File; Approve 9 Yays Nays Jones / V Lynch r% Resnick V Sutton r% Braig Buol V ,. Connors t 9 f 2. Inclusive Dubuque Funding Support \ Request from Inclusive Dubuque for ongoing support of $75,000 per year to support the implementation of the Inclusive Dubuque Initiative. VIDEO PRESENTATION Suggested Disposition: Receive and File; Approve ,x4 sx4 /ig 111/ vezeloY 0,0/A- lid, 01q6i vie/7/404y,e6e)- i*; (FaL / t/i2V1,1 4/, e Ayori (//4"/ de//ialh heu6 911///4e 21 ,Pitaar d20/7a,: i0/17fily/fl#,-/d 4P fern *A/AS g- ///70/ Oa - la/0-) ge* d e7Vi/&at *Web/ 10 Yays Nays Jones r/ Lynch Resnick Sutton Braig J/ Buol lj Connor ,x4 sx4 /ig 111/ vezeloY 0,0/A- lid, 01q6i vie/7/404y,e6e)- i*; (FaL / t/i2V1,1 4/, e Ayori (//4"/ de//ialh heu6 911///4e 21 ,Pitaar d20/7a,: i0/17fily/fl#,-/d 4P fern *A/AS g- ///70/ Oa - la/0-) ge* d e7Vi/&at *Web/ 10 !siyr Zi Ii.;,axx,: , - 1/0/7,/itA v/9. /m/# '1751/Aa ,/-/ita///,? orffl- 110117 1/17d//iti l/100 dr/ &0/7'ad ///16:01-71/6/ d'54 fisixem 4(./ 7 "7,,,6,0k0A-/ibit 4412' 0 ir Reee; i/A171/M9, Z6 11*71-/iMpla*Ve ilvwx Po/ 4 r � gin 3. Bus Storage and Maintenance Facility City Manager recommending approval of a budget scenario and submission of a Surface Transportation Program grant application for the Bus Stor a Maintenance Facility project at former site of the Public Works Garage, 925 Kerper Blvd. here will be a presentation by staff. RESOLUTION 360 -13 Authorizing the filing of a grant application with the Dubuque Metropolitan Area Transportation Study for Surface Transportation Program Funding for the City of Dubuque (Bus Storage and Maintenance Facility) Suggested Disposition: Receive and File; Approve the Recommendation, Adopt Resolution(s) 404, he* 0,61,&(,e /1/. 6ex-*/(6v "ht(w(P,r dige aos/iiii74 *07 e014 /20) 441W/, *-,/) P/ -g/4frei>, /I/ 17DS,‘L ihi44 ,&JJlW0i16h 11 Yays Nays Jones 1/ Lynch Resnick ii Sutton 1/ Braig Y Buol 1/ Connors / 1% 404, he* 0,61,&(,e /1/. 6ex-*/(6v "ht(w(P,r dige aos/iiii74 *07 e014 /20) 441W/, *-,/) P/ -g/4frei>, /I/ 17DS,‘L ihi44 ,&JJlW0i16h 11 4. Code of Ordinances Amendment - Title 7 Hunting and Target Practice City Manager recommending approval of an Ordinance to change Section 7- 5A- 16(B)(10) to be consistent with 7- 5A- 16(A)(10) related to target practice. ORDINANCE 55 -13 Amending City of Dubuque code of Ordinances Title 7 Police, fire, and Public Safety, Chapter 5 Offenses, Section 7 -5A -16 Hunting and Target Practice Permitted by changing "firearm or other weapon" to "shotgun" for Code consistency. Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Jones /f Lynch V Resnick V Sutton V Braig L- Buol t4/ Connors Final Reading and Adopt Yays Nays Jones 1/ Lynch Resnick V- Sutton �� Braig L- Buol Connors 12 5. Code of Ordinances Amendment - Title 9 Motor Vehicles - Overtaking, Passing on Right City Manager recommending an ordinance, which amends City of Dubuque Code of Ordinances Section 9 -7- 321.302: Overtaking, Passing on Right to mirror the Iowa Code. ORDINANCE 56 -13 Amending City of Dubuque Code of Ordinances title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Section 9 -7- 321.302 Overtaking, Passing on Right to mirror State Code Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays V Jones I./ Lynch V Resnick V Sutton L-g, Braig v' Buol t -1 Connors Final Reading and Adopt Yays Nays r/ Jones Lynch V Resnick Sutton L-g, . Braig Buol I/l Connors 13 ,0127--• 6. Fire Station No. 4 Improvements - Mechanical and Restroom Upgrade Project Award City Manager recommending award of the Fire Station No. 4 Improvements - Mechanical and Restroom Upgrade Project to Maryville Construction. RESOLUTION 361 -13 Awarding public improvement project for the Fire Station No. 4 Mechanical and Restroom Upgrade Project. Suggested Disposition: Receive and File; Adopt Resolution(s) 14 Yays Nays Jones / 1/ Lynch // Resnick 1/ Sutton Braig v Buol J/ Connorsg i 14 e/d, 7. Jule Transit Facility Roof and Fire Sprinkler Repair Project Award City Manager recommending award of the construction documents and construction administration contract to FEH Associates, Inc. RESOLUTION 362- 13Awarding construction document preparation and construction administration contract for the Jule Transit Facility Roof and Sprinkler Repair Project Suggested Disposition: Receive and File; Adopt Resolution(s) Aim 15 Yays Nays Jones / 1/ Lynch Resnick Sutton v Braig Buol Connors i% Aim 15 8. Request for Work Session - Bee Branch Creek Restoration Project Design City Manager requesting a work session on Monday, January 6, 2014 at 5:00 p.m. to discuss design elements of the Upper Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File; Council 16 Yays Nays Jones Lynch 1/ Resnick lj Sutton !/ Braig / Y Buol 1 Connors? z 16 9. Request for Work Session - Design Guidelines Manual City Manager requesting a work session for Tuesday, January 21, 2014 at 5:15 p.m. to review the final draft of the design guidelines manual. Suggested Disposition: Receive and File; Ceerr m a Poi-WO( I4,e4-) (4/ lip 17 Yays Nays Jones V Lynch Resnick Sutton j" Braig ; 1/ Buol V. Connors/ j/ 17 10. Request for Work Session - Housing and Community Development City Manager requesting a work session for Monday, February 3, 2014 at 5:00 p.m. to provide information on the organizational changes made in the Housing and Community Development Department. Suggested Disposition: Receive and File; Council ila,//07 -- "eitl 18 Yays Nays Jones Lynch Resnick 17 Sutton 1/ Braig / Buol 2- Connors p/ ila,//07 -- "eitl 18 11. Request for Work Session - Compressed Natural Gas City Manager requesting a work session on Monday, February 17, 2014 at 5:00 p.m. to discuss compressed natural gas. Suggested Disposition: Receive and File; Couneff f Cara- 1 /"/".A 149 *AfaiA 19 Yays Nays Jones Lynch Resnick ]/ Sutton 1/ Braig / 1- Buol 1/ Connor Cara- 1 /"/".A 149 *AfaiA 19 COUNCIL MEMBER REPORTS PUBLIC INPUT ei" //s//iiri 1240 /4#5- CLOSED SESSION: 8 /// Pending Litigation, Property Acqu''ition and Law Enforcement Matters - Chapter 21.5(1)(c), -(g), - (j) Code of Iowa Yays Jones Lynch Resnick Nays Sutton Braig Buol Connors ADJOURNMENT: (y\--y Yays Nays Jones Lynch Resnick Sutton / Braig 6 Buol Connors 20