1 21 14 City Council AgendaROLL CALL ORDER FOR MEETING OF 1t212014
Lynch, Resnick, Sutton, Braig, Buol, Connors, Jones
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street
January 21, 2014
Council meetings are video streamed live and archived at
www.citvofdubuaue.ora /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel8 (analog) and 85.2 (digital).
WORT( SESSION
5:15 PM
DESIGN GUIDELINES MANUAL
Updated Design Guidelines Manual Work Session -MW Memo Staff Memo & Map Architectural Guidelines Sedion 1 Architectural
Guidelines Sedion 2 Architectural Styles Glossary
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
The consent agenda items are considered to be routine and non - controversial and all consent items will be normally voted upon in a single
motion without any separate discussion on a particular item. If youwould liketo discuss one of the Consent Items, please go to the microphone
and be recognized by the Mayor and state the itemyou would like removedfromthe Consent Agenda for separate discussion and
consideration.
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
Cable TV 11/q city Cnugril Prnrredinns 1iFi, city Cnenrjl Pmneedinasl/7 Civil Service Cnmmi inn 17/15, at=
preservvtinn Cnmmissnn 17/1% Rumen Rinhts17,1 Rumen Rights 12/11 7nnina AdyienryCnmmic,inn 1/R Janina Roard of
,4diudment 12H q,
2. Notice of Claims and Suits
Area Residential Care for property damage, Philip Baumannforvehicle damage, Jason and Amanda Bickel for vehicle
damage, Cindi Harker for property damage, Mediacom (James Busch) for vehicle damage
Suggested Disposition: Receive and F ile; Refa to City Attorney
Area Residential Care Claim Baumann Claim Bickel Claim Harker Claim Mediacom (Busch) Claim
3. Disposition of Claims and Suits
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:
Suggested Disposition: Receive and File; Concur
JCAP Claim Baumann JCAP Claim Harker.
4. Catfish Creek Watershed Management Authority Board - Dubuque Industrial Center South
The Catfish Creek Watershed ManagementAuthority 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 aid File; Refa to City Manager
CCWM: J t,ttinx to (ntkro-il
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 Approving the Plat of Survey Centre Grove Plat 3 in city of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Commission Letter Applicant Materials Staff Materials, Resolution
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 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)
Accept Storm and Sanitary Sewer Easement Mvla and Co -MVM Memo, Staff Memo, Resolution Grant of Easement, Plat of
Easement - Exhibit A,
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 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 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 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 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)
Storm and Sanitary Easements Beverly Avenue Improvements Proiect-MVM Memo, Staff Memo, Resolution, Grant of
Easement Storm Sewer Roling Resolution, Grant of Easement Sanitary Sewer- Rolinq, Resolution Grant of Easement Storm
Sewer - Flat Iron, Resolution Grant of Easement Storm Sewer - Avenarius Exhibit A - Avenarius, Vicinity Map
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 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)
5th and Bluff Restroom Project Acceptance -MVM Memo, Staff Memo Revised 1- 16-2014, Resolution,
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
Helping Services for Northeast Iowa Subcontract -MVM Memo, Staff Memo, Agreement,
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
Recommendation for consultant to create Collective Impact Volunteering Outreach Strategy -MVM Memo, Staff Memo ,
Proposal and Bid from Plaid Swan, Proposal from Happee Smith Bid from Happee Smith
11. Sustainable Dubuque Monthly Project Status Report
City Manager transmitting the Sustainable Dubuque Monthly Project Report for December 2013.
Suggested Disposition: Receive and File
December Sustainable Dubuque Report -MVM Memo, Staff Memo , Sustainable Dubuque December 2013 Report
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
ICMA Fellowship Application -MVM Memo, Staff Memo, ICMA Fellowship Application,
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
National Endowment for the Arts Our Town Grant Application -MVM Memo, Staff Memo, NEA Our Town Application FY2014
NEA Our Town Grant Application Attachments
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
Filimonenko Resignation Letter,
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
EPA Notice of Stipulated Penalty Demand,
16. Civil Service Commission
Civil Service Commission submitted the certified list for the position of Firefighter
Suggested Disposition: Receive and File; Make Matter of Record
Firefighter List,
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
Maryville Contract,
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
Beecher Beverage Alcohol Compliance Agreement -MVM Memo, Staff Memo, Settlement Agreement,
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
Settlement Agreement Pizza Hut 4690-MVM Memo Staff Memo, Settlement Agreement
20. Business License Refund
Changed
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
Liquor License Refund Request
21. Alcohol License Applications
City Manager recommending approval of annual liquor, beer and wine licenses as submitted.
RESOLUTION 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)
Liquor License Renewals -MVM Memo, Police Memo, Resolution,
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
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 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 Approving the Plats, Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid
Set 1 Project
RESOLUTION of necessity for the SRF Green Alley Bid Set 1 Project
RESOLUTION Fixing date of public hearing on resolution of necessity
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 213114
SRF Green Alley Bid Set 1 -MVM Memo, Staff Memo, Resolution Assessment Resolution /Notice, Notice to Bidders,
Preliminary Schedule of Assessments
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 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)
Franchise Fee Ordinance Amendment Alliant Energv -MVM Memo, Staff Memo, Resolution, Ordinance, Notice,
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 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)
Franchise Fee Ordinance Amendment Black Hills Energv -MVM Memo Staff Memo Resolution, Ordinance Notice,
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 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)
Franchise Fee Ordinance Amendment Maquoketa Valley Electric Cooperative -MVM Memo Staff Memo Resolution,
Ordinance, Notice,
BOARDS /COMMISSIONS
Applicants are invited to address the City Council regarding their application for appointment.
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.
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.
Boards Overview Sheet Boards Latest Listings, Community Development Advisory Commission Applications, Sister City
Relationship Advisory Commission Applications
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and
state your name and address when the item you wish to speak to is being considered.
SUSPEND THE RULES
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 approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development 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; Motion A
Commission Letter, Applicant Materials, Staff Materials Ordinance, Letter of Opposition,
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 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
Commission Letter, Applicant Materials, Staff Materials, Ordinance,
REINSTATE THE RULES
This action limits discussion to the City Council.
ACTION ITEMS
These are items where discussion is held by the City Council - public comments are not allowed except as authorized by
the Mayor.
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 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)
Purchase of 400 East 22nd Street -MVM Memo MVM Memo Offer to Buy, Sheriffs Cost Sheet, Resolution Acknowledgment
2. Com munity 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
Community Development Advisory Commission FY15 Purchase of Service Grant Applications -MVM Memo, Staff Memo,
Community Development Advisory Commission Memo, Purchase of Service Grants Ranking Summary,
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
Work Session Request Community Engagement Plans -MVM Memo, Staff Memo ,
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
Dubuque Area Chamber of Commerce Convention & Visitors Bureau Request for Work Session -MVM Memo, Staff Memo,
COUNCIL MEMBER REPORTS
PUBLIC INPUT
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.
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa
ADJOURNMENT