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1 21 14 Clerk's Skeleton Notes and Meeting CallsTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Tuesday, January 21, 2014 at 5:15 PM in the Historic Federal Building for the purpose of conducting a work session on the design guidelines manual. Consent Items: Pages n/a D, oy D. Buol, Mayor TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Tuesday, January 21, 2014 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Counci. Consent Items: Pages 1 -4 Roy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:15 p.m. on January 21, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor 6i; Council Members lEir61g, Corn s, Joktu4, L , R�1 ck, on; City Manager VapAllilligen, City Attorney- Lindahl Absent: ;'$ Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Design Guidelines Manual. WORK SESSION DESIGN GUIDELINES MANUAL 4/// aC hve, , /'p% Lite 41,8 frAtiii#d)\ 10, /i&Y- ;'pilJ//G9CC Adjournment Yays Nays t/ Resnick Sutton Braig L Buol Connors ?f/ Jones ,-- L-y'h- 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in req�ular session at 6:30 p.m. on January 21, 2014 in the Historic Federal Building, 350 W. 6t Street. Present: Mayor `Buol; Council Members B?‘-g', Cogs, Jo, Lyh, Remick, t t(tton; City Manager Van Milligen, City Attorne Lindahl Absent:;, IA 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 2 CONSENT ITEMS Yays Nays L/ Resnick Y Sutton Braig Buol Connors Jones i 1. Minutes and Reports Submitted Cable TV Commission of 11/6, City Council proceedings of 1/6 and 1/7, Civil Service Commission 12/11, Historic Preservation Commission 12/19, Human Rights 12/9 and 12/11, Zoning Advisory Commission 1/8, Zoning Board of Adjustment 12/19. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Area Residential Care for property damage, Philip Baumann for vehicle damage, Jason and Amanda Bickal for vehicle damage, Cindi Harker for property damage, Mediacom (James Busch) 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: Phillip Bauman for vehicle damage, and Cyndi Harker for property damage. Suggested Disposition: Receive and File; Concur 3 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 4. Catfish Creek Watershed Management Authority Board - Dubuque Industrial Center South The Catfish Creek Watershed Management Authority requests the possibility of creating a wetlands mitigation bank in partnership with the City at the newly - developed Dubuque Industrial Center South. Suggested Disposition: Receive and File; Refer to City Manager 5. Plat of Survey - 3338 Center Grove Road Zoning Advisory Commission recommending approval of the Plat of Survey for Centre Grove Plat 3 (3338 Center Grove) subject to waiving lot frontage for Lot 1. RESOLUTION 5 -14 Approving the Plat of Survey Centre Grove Plat 3 in city of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Storm Sewer and Sanitary Sewer Easement Acceptance - Part of Lot 2 Centre Grove Plat 2, and Lots 21A, 22A, and 26 of Center Grove City Manager recommending acceptance of a storm sewer and sanitary sewer easement from Myla and Company for an existing storm sewer and recently constructed sanitary sewer across part of Lot 2 Centre Grove Plat 2, and Lots 21A, 22A, and 26 of Center Grove, in the City of Dubuque, Dubuque County, Iowa. RESOLUTION 6 -14 Accepting the grant of an easement for storm sewer and sanitary sewer through, over and across a part of Lot 2 Centre Grove Plat 2, and Lots 21A, 22A, and 26 of Center Grove, in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 7. Accept Storm and Sanitary Easements for Beverly Avenue Improvements City Manager recommending acceptance of the storm and sanitary sewer easements from Brian and Michelle Roling, Flat Iron Development LLC, and Marlin and Ritchie Avenarius for a recently constructed storm sewer and existing sanitary sewer near the south end of Beverly Avenue in the City of Dubuque. RESOLUTION 7 -14 Accepting the Grant of Easement for sanitary sewer through, over and across the southerly twenty (20) feet of Lot 73 of Lenox Addition in the city of Dubuque, Dubuque County, Iowa. RESOLUTION 8 -14 Accepting the Grant of Easement for storm sewer through, over and across the southerly ten (10) feet of Lot 73 of Lenox addition in the City of Dubuque, Dubuque County, Iowa. RESOLUTION 9 -14 Accepting the Grant of Easement for storm sewer through, over and across a part of a twenty foot (20') wide strip abutting the northerly boundary line of Lot 1 of Lot 1 of Lot 2 of Bonson Farm Sub, in the City of Dubuque, Iowa, from the centerline of Beverly Ave. extended to the westerly boundary line of said Lot, in the City of Dubuque, Dubuque County, Iowa. RESOLUTION 10 -14 Accepting the Grant of Easement for storm sewer through, over and across a part of Lot 2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Fifth and Bluff Streets Restroom Project Acceptance City Manager recommending acceptance of the 5th and Bluff Streets Restroom Project, as completed by Portzen Construction. RESOLUTION 11 -14 Accepting the 5th and Bluff Restroom Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 9. Helping Services for Northeast Iowa Subcontract City Manager recommending approval of a subcontract with Helping Services for Northeast Iowa, Inc. for overtime funding to provide special patrols aimed at violations of underage drinking laws. Suggested Disposition: Receive and File; Approve 10. Recommendation for Consultant for Collective Impact Volunteering Outreach Strategy City Manager recommending entering a contract not to exceed $13,000 with Plaid Swan to create an outreach strategy for collective impact volunteering under the Volunteer Generation Fund Grant. Suggested Disposition: Receive and File; Approve 11. Sustainable Dubuque Monthly Project Status Report City Manager transmitting the Sustainable Dubuque Monthly Project Report for December 2013. Suggested Disposition: Receive and File 12. ICMA International Fellowship Exchange Application City Manager recommending that the City of Dubuque apply to the International City /County Management Association (ICMA) to serve as a site for the ICMA International Fellowship exchange. Suggested Disposition: Receive and File; Approve 13. National Endowment for the Arts - Our Town Grant Application City Manager recommending approval of the submission of a National Endowment for the Arts (NEA) Our Town grant application. Suggested Disposition: Receive and File; Approve 6 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 14. Sister City Relationship Advisory Commission Commissioner Larissa Filimonenko submitting her resignation from the Sister City Relationship Advisory Commission. Suggested Disposition: Receive and File; Accept Resignation 15. U.S. Environmental Protection Agency (EPA) - Notice of Stipulated Penalty Demand City Manager transmitting correspondence received from the U.S. Environmental Protection Agency - Region 7. Suggested Disposition: Receive and File; Refer to City Manager 16. Civil Service Commission Civil Service Commission submitted the [re]certified list for the position of Firefighter. Suggested Disposition: Receive and File; Make Matter of Record 17. Improvement Contracts and Maintenance Bonds Maryville Construction Company for the Fire Station No. 4 Mechanical and Restroom Upgrade Project. Suggested Disposition: Receive and File; Approve 18. Alcohol Compliance Civil Penalty for Alcohol License Holder - Beecher Beverage City Manager recommending approval of the Alcohol Compliance Settlement Agreement with Beecher Beverage, 1691 Asbury Road. Suggested Disposition: Receive and File; Approve 19. Alcohol Compliance Civil Penalty for Alcohol License Holder - Pizza Hut City Manager recommending approval of the Alcohol Compliance Settlement Agreement with Pizza Hut #4690, 2075 John F. Kenney Road. Suggested Disposition: Receive and File; Approve 7 Yays Nays Resnick Sutton Braig Buol Connors Jones. Lynch 20. Business License Refund Request of Angela Mangeno for a refund of the liquor license LC0020645 for Angie's Bar located at 1401 Elm St. in the amount of $633.75. Suggested Disposition: Receive and File; Approve 21. Alcohol License Applications City Manager recommending approval of annual liquor, beer and wine licenses as submitted. RESOLUTION 12 -14 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) 8 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. Yays Nays V Resnick V Sutton v Braig Buol j Connors vi Jones nc 1. SRF Green Alley Bid Set 1 City Manager recommending initiation of the bidding process for the SRF Green Alley Bid Set 1 Project and further recommends that a public hearing be set for February 3, 2014. RESOLUTION 13 -14 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids (SRF Green Alley Bid Set 1 Project) RESOLUTION 14 -14 Approving the Plats, Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 1 Project RESOLUTION 15 -15 Resolution of necessity for the SRF Green Alley Bid Set 1 Project RESOLUTION 16 -14 Fixing date of public hearing on resolution of necessity Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 2/3/14 2. Franchise Fee Ordinance Amendment - Alliant Energy City Manager recommending that a Public Hearing be set for February 3, 2014, to amend the Franchise Fee Ordinances with Alliant Energy. RESOLUTION 17 -14 Setting a Public Hearing on a proposed ordinance Amending The Franchise Fee Ordinances under the City's Electric Franchise with Alliant Energy by repealing section 3 of Ordinance No. 58 -03 Providing For A Rebate Of Franchise Fees For Exempt Sales Of Electricity To Customers Of Interstate Power Company, Its Successors And Assigns, And Establishing A Procedure For Requesting A Rebate Of Such Fees Suggested Disposition: Receive and File; Adopt Resolution(s) 9 3. Franchise Fee Ordinance Amendment - Black Hills Energy City Manager recommending that a Public Hearing be set for February 3, 2014, to amend the Franchise Fee Ordinances with Black Hills Energy. RESOLUTION 18 -14 Setting a Public Hearing on a proposed ordinance Amending The Franchise Fee Ordinances under the City's Gas Franchise with Black Hills Energy by repealing Section 3 of Ordinance No. 59 -03 And Section 3 Of Ordinance No. 76 -03 Providing For A Rebate Of Franchise Fees For Exempt Sales Of Natural And Mixed Gas To Customers Of Peoples Natural Gas, Its Successors And Assigns And Establishing A Procedure For Requesting A Rebate Of Such Fees Suggested Disposition: Receive and File; Adopt Resolution(s) 4. Franchise Fee Ordinance Amendment - Maquoketa Valley Electric Cooperative City Manager recommending that a Public Hearing be set for February 3, 2014, to amend the Franchise Fee Ordinances with Maquoketa Valley Electric Cooperative. RESOLUTION 19 -14 Setting a Public Hearing on a proposed ordinance Amending The Franchise Fee Ordinances under the City's Electric Franchise with Maquoketa Valley Electric Cooperative by repealing the third unnumbered paragraph of Section 23 of Ordinance No. 20 -04 Providing For A Rebate Of Franchise Fees For Exempt Sales Of Electricity To Customers Of Maquoketa Valley Electric Cooperative, Its Successors And Assigns, And Establishing A Procedure For Requesting A Rebate Of Such Fees Suggested Disposition: Receive and File; Adopt Resolution(s) 10 BOARDS /COMMISSIONS Applicants are invited to address the City Council regarding their application for appointment. 1. Community Development Advisory Commission Two, 3 -year terms through February 15, 2014 (Expiring terms of Craddieth, Michalski) Applicants: Janice Craddieth, 1455 Washington St. Ann Michalski, 1520 Altura Dr. 2. Sister City Relationship Advisory Commission Four, 3 -year terms through February 1, 2014 (Expiring terms of Castaneda, Felderman, Landis and Ward) Applicants: Sheila Castaneda, 1014 Dunham Dr. Robert Felderman, 241 Southgate Dr. Dick Landis, 2390 Clarke Crest Dr. Annalee Ward, 2758 Tiffany Ct. a 416 11 PUBLIC HEARINGS SUSPEND THE RULES Yays Yays Nays Nays Resnick Resnick I/ Sutton Sutton Braig Braig Buol Buol Connors Connors Jones Jones 1. Request to Rezone -1060 Edina Street Proof of publication on notice of public hearing to consider a request by John & Angie Long; Ron & Denise Reeg to rezone property at located at 1060 Edina (Parcels 10 -23- 477 -006 & 10 -23- 477 -007) from R -1, Single Family Residential Zoning District, to R -2, Two - Family Residential Zoning District and the Zoning Advisory Commission recommending ap royal. ORDINANCE - Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Devel pment Code, by reclassifying hereinafter described property located at 1060 Edina from R -1 Single - Family Residential District to R -2 Two - Family Residential District. Suggested Disposition: Receive and File; Motion B; Aion A 5 Suspend the Readifigs Yays V Resnick Na7 Sutton Braig Buol Connors Jones =t.y-asq- %rad- Final Reading and "Adopt Yays Nays Resnick f Sutton �. Braig Y Buol 1/ Connors Z/1 Jones ziyfr #2:04 026kizi", rfAzi-/43‘.1)& 0/27/•- fri /71/4"i/40(ez 12 /es)* fl/�k4/ I& Yi/z:&° /Pei 44/4 — >911 i244A, dg-a//1 frild77 2. Request to Rezone -1857 Miller Road Proof of publication on notice of public hearing to consider a request by Thomas L. Henschel to rezone property located at 1857 Miller Road (Parcels 15 -02- 204 -010 & 15- 02- 129 -024) from R -1, Single - Family Residential Zoning District, to AG, Agriculture Zoning District and the Zoning Advisory Commission recommending approval. ORDINANCE 5 -14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1857 Miller Road from R -1 Single Family Residential District to AG Agricultural District. Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays V Resnick 1j Sutton J/ Braig Buol Connors j% Jones ,nth Final Reading and Adopt Yays Nays Resnick V Sutton Braig Buol Connors Jones ynch REINSTATE THE RULES This action limits discussion to the City Council. Yay� Nays Resnick V Sutton Braig Buol Connors Jones 13 (4111d4 ACTION ITEMS 1. Weis Grocery - 400 East 22nd Street Assistant City Attorney Crenna Brumwell recommending Approval of the "Offer to Buy Real Estate and Acceptance" of real property located at 400 East 22nd Street. RESOLUTION 20 -14 Approving the acquisition of real estate owned by the Four Mounds Foundation in the city of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Resnick Sutton Braig Buol Connors Jones —Lynch &/te OW, k iae4, 441/61-gli - 027z dtliati --kor rerAvfhwecielk *te__ ekr)/*/Le erOz 9 *0,64 7 ida/ –kaed)7 f ,14(//#1 idoe}‘ - /41)/ 11ieG rs ✓�i'� � da&0fy- kAuAiri/ga -'" s/ 14 2. Community Development Advisory Commission Purchase of Service Grant Ranking Summary City Manager transmitting the Fiscal Year 2015 Purchase of Service recommendations as submitted by the Community Development Advisory Commission. Suggested Disposition: Receive and File; Refer to City Manager Yays j Nays Resnick v Sutton Braig Buol Connors Jones 090. /a/d-le, wairt 717/1 di 60z), ",*4 ri/*/ 4) r.Pn , 4 %eior/* //9, bled6P/A1 00, 15 3. Request for Work Session - Community Engagement Plans City Manager recommending a work session be set for March 3, 2014 at 5:00 PM on the community engagement plans moving forward. Suggested Disposition: Receive and File; Council (Change to April 7, 2014)/ /11 Yays Nays Resnick Sutton Braig Buol Connors Jones 4. Request for Work Session - Convention and Visitors Bureau Budget City Manager recommending that a work session be scheduled for Monday, March 17, 2014 at 5:30 p.m. to discuss the Dubuque Convention and Visitors Bureau budget. Suggested Disposition: Receive and File; Council (Change to March 3, 2014) 01 . , Yays Nays �� Resnick V" Sutton )// Braig Buol )/ Connors Jones .J_y4lch 16 H. COUNCIL MEMBER REPORTS -Ixek,107 //) /7///i1,W/ &,7fF9 h k fi-,20 4f I PUBLIC INPUT 0/Y CLOSED SESSION Pending Litigation and Pro Yays ays / esnic 1 • tt • B e Oil , = / Jones / Lynch ADJOURNMENT y Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa Yays� Nays Resnick Sutton Braig v Buol Connors Jones L-ynCh 17 0/21-4 d�� 'V gpec /"6.a - 4/47/77 ,04/k1/0-1/1,,i - 0/72 fr-Vd/1.7 M44/72 Y/Oile' ,/ ZkPi 414 tow &rmiii/k