Proof of Publication_City Council Proceedings 1 21 14CITY 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 Build-
ing, 350 W. 6th Street.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Resnick, Sutton; City
Manager Van Milligen,
City Attorney Lindahl
Absent: Council Mem-
ber Lynch
Mayor Buol read the
call and stated this is a
special session of the
City Council called for
the purpose of con-
ducting a work session
on the Design Guide-
lines Manual.
WORK SESSION
DESIGN GUIDELINES
MANUAL
Planning Services
Manager Laura Car-
stens, Assistant Plan-
ner Dave Johnson, and
Planning Technician
Eric Van Buskirk pro-
vided a slide presenta-
tion on the Architectur-
al Design Guidelines
Manual:
Merging Sustaina-
bility, Accessibility,
Historic Districts and
Downtown Overlay
• Current design
guidelines
Benefits' of design
guidelines
• Project steps
Combining docu-
ments: guidelines,
styles, and architectur -
al terms
• Review of table of
contents and format
• Planning a preserve
tion project
• Developing an im-
provement strategy
Identifying sensitive
areas, details and fea
ternat
tures, ive historic and
materials al -s
,
and windows
• Commercial proper-
ties and additions
• rResidential proper -`
ties and additions
• Site and landscape'
design; fences, walls,'
and gates
• New buildings; ma-
terials, residential/
commercial massing,
and context
•
Awnings and cano-
pies, building lighting
and signs
• Sustainability princi-
ples and energy effi-
ciency
• Appendix
Architectural styles
and design terms
• implementation;
current and proposed.
The City Council had
discussion with staff
following the presenta-
tion.
There being no fur-
ther business, upon
motion the City Council
at 5 :54 p.m.
/s /Kevin S. Firnstahl,
1/29 CMC, City Clerk
CITY OF UQUE,
IODUWA O
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
January 21, 2014 in the
Historic Federal Build -;
ing, 350 W. 6th Street.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Resnick, Sutton; City
Manager Van Milligen,
City Attorney Lindahl
Absent: Council Mem-
ber Lynch
Mayor Buol read the
caII and stated:this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the City
Council
PLEDGE OF
ALLEGIANCE
CONSENT ITEMS
Motion by Connors to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as .
Seconded byindicated: Jones.
Motion carried 6-0.
1. Minutes and Re-
ports Submitted: Cable
TV Commission of
11/6, City Council pro-
ceedings of 1/6 and
1/7, Civil Service Com-
mission 12/11, Historic
Preservation Commis-
sion 12/19, Human
Rights 12/9 and 12/11,
Zoning Advisory Com-
mission 1/8, Zoning
Board of Adjustment
12/19. Upon motion the
documents were re-
ceived and filed.
2. Notice of Claims
and Suits: Area Resi-
dential Care for prop-
erty damage, Philip
Baumann for vehicle
damage, Jason and
Amanda Bickel for ve-
hicle
damage,' Cindi
Harker for property
damage, Mediacom''
(James Busch) for vehi-
cle damage. Upon mo-
tion the documents
were received, filed
and referred to City At-
torney
3. Disposition of
Claims City Attorney
advising that the fol-
lowing claims have
been referred to Public r!
Entity Risk Services of
Iowa, the agent for the
Iowa Communities As-
surance Pool Phillip
Bauman for vehicle
damage, and Cyndi
Harker; for property
damage. Upon motion
tocumend ts were
receivhe ded, file and con-
curred.
4. Catfish Creek Wa-
tershed Management
Authority Board - Du -'
buque Industrial' Cen-
ter South: The Catfish
Creek Watershed Man -
agement Authority re-
quests the possibility
of creating a ba wetlandn s
mitigation nk i
partnership with the
City at the newly -
developed Dubuque In-
dustrial Center South.
Upon motion the docu-
ments were received,
f anMd rred to
te iled h City anagrefeer.
5. Plat of Survey -
3338 Center Grove
Road: Zoning Advisory
Commission recom-
mending approval of
the Plat of for
Centre Grove PlSurvey at 3
(3338 Center Grove)
subject to waiving lot
frontage for Lot 1.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 5 -14 Approving
the Plat of Survey
Centre Grove Plat 3 in
city of Dubuque, Iowa,
was adopted.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: January 29, 2014, and for which the charge is $273.99.
Subscribed to before me, ;_ otary Public in and for Dubuque County, Iowa,
this cava day of
, 20 .I .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm, Exp. FEB. 1, 2017
6. Storm Sewer and
Sanitary Sewer Ease-
ment Acceptance -
Part of Lot 2 Centre
Grove Plat 2, and Lots
21A, 22A, and 26 of
Center Grove: City
Manager recommend-
ing acceptance of a
storm sewer and sani-
tary sewer easement
from Myla and Compa-
ny for an existing
storm sewer and re-
cently 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, Dubu-
que County, Iowa.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 6 -14 Accepting
the grant of an ease-
ment 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,
was adopted.
7. Accept Storm and
Sanitary Easements for
Beverly Avenue Im-
provements: City Man-
ager recommending
acceptance of the
storm and sanitary
sewer easements from
Brian and Michelle Ro-
ling, Flat Iron Develop-
ment LLC, and Marlin
and Ritchie Avenarius
for a recently con-
structed storm sewer
and existing sanitary
sewer near the south
end of Beverly Avenue
in the City of Dubuque.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 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 No. 8 -14 Ac-
cepting the Grant of
Easement for storm
sewer through, over
and across the south-
erly ten (10) feet of Lot
73 of Lenox addition in
the City of Dubuque,
Dubuque County, Iowa;
Resolution No. 9 -14 Ac-
cepting 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 center-
line of Beverly Ave. ex-
tended to the westerly
boundary line of said
Lot, in the City of Du-
buque, Dubuque Coun-
ty, Iowa; and Resolu-
tion No. 10 -14 Accept-
ing the Grant of Ease-
ment for storm sewer
through, over and
across 'a'part of Lot 2 of
Avenarius Place in the
City of Dubuque, Dubu-
que County, Iowa, were
adopted.
8. Fifth and Bluff
Streets Restroom Proj-
ect Acceptance: City
Manager recommend-
ing acceptance of the
5th and Bluff Streets
Restroom Project, as
completed by Portzen
Construction. Upon
motion the documents
were received and filed
and Resolution No. 11-
14 Accepting the 5th
and Bluff Restroom
Project and authorizing
the payment of the
contract amount to the
contractor was adopt-
ed.
9. Helping Services for
Northeast Iowa Sub-
contract: City Manager
recommending appro-
val of a subcontract
with Helping Services
for Northeast Iowa, Inc.
for overtime funding to
provide special patrols
aimed at violations of
underage drinking
laws. Upon motion the
documents were re-
ceived, filed and ap-
proved.
10. Recommendation
for Consultant for Col-
lective Impact Volun-
teering Outreach Strat-
egy: City Manager rec-
ommending entering a
contract not to exceed
$13,000 with Plaid
Swan to create an out-
reach strategy for col-
lective impact volun-
teering under the Vol-
unteer Generation
Fund Grant. Upon mo-
tion the documents
were received, filed
and approved.
11. Sustainable Dubu-
que Monthly Project
Status Report: City
Manager transmitting
the Sustainable Dubu-
que Monthly Project
Report for December
2013. Upon motion the
documents were re-
ceived and filed.
12. ICMA International
Fellowship Exchange
Application: City Man-
ager recommending
that the City of Dubu-
que apply to the Inter-
national City /County
Management Associa-
tion (ICMA) to serve at
a site for the ICMA In-
ternational Fellowship
Exchange. Upon mo-
tion the documents
were received, filed
and approved.
13. National Endow-
ment for the Arts - Our
Town Grant Applica-
tion: City Manager rec-
ommending approval
of the submission of a
National Endowment
for the Arts (NEA) Our
Town grant applica-
tion. Upon motion the
documents were re-
ceived, filed and ap-
proved.
14. Sister City Rela-
tionship Advisory Com-
mission: Commissioner
Larissa Filimonenko
submitting her resigna-
tion from the Sister
City Relationship Advi-
sory Commission. Upon
motion the documents
were received, filed
and the resignation ac-
cepted.
15. U.S. Environmental
Protection Agency
(EPA) - Notice of Stipu-
lated Penalty Demand:
City Manager transmit-
ting correspondence
received from the U.S.
Environmental Protec-
tion Agency - Region 7.
Upon motion the docu-
ments were received,
filed and referred to
the City Manager.
16. Civil Service Com-
mission: Civil Service
Commission submitted
the (re]certified list for
the position of Fire-
fighter. Upon motion
the documents were
received, filed and
made a Matter of Re-
cord.
17. Improvement Con-
tracts and Mainte-
nance Bonds: Maryville
Construction Company
for the Fire Station No.
4 Mechanical and Rest -
room Upgrade Project
Upon motion the docu-
ments were received,
filed and approved.
18. Alcohol Compli-
ance Civil Penalty for
Alcohol License Holder
- Beecher Beverage:
City Manager recom-
mending approval of
the Alcohol Compli-
ance Settlement
Agreement with Beech-
er Beverage, 1691 As-
bury Road. Upon mo-
tion the documents
were received, filed
and approved.
19. Alcohol Compli-
ance Civil Penalty for
Alcohol License Holder
- Pizza Hut City Manag-
er recommending ap-
proval of the Alcohol
Compliance Settlement
Agreement with Pizza
Hut #4690, 2075 John F.
Kenney Road. Upon
motion the documents
were received, filed
and approved.
20. Business License
Refund: Request of An-
gela Mangeno for a re-
fund of the liquor li-
cense LC0020645 for
Angle's Bar located at
1401 Elm St. in the
amount of $633.75.
Upon motion the docu-
ments were received,
filed and approved.
21. Alcohol License
Applications: City Man-
ager recommending
approval of annual liq-
uor, beer and wine li-
censes as submitted.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 12-14 Approv-
ing applications for
beer, liquor, and /or
wine permits, as re-
quired by city of Dubu-
que code of ordinances
title 4 business and li-
cense regulations,
chapter 2 liquor con-
trol, article b liquor,
beer and wine licenses
and permits was
adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Jones to re-
ceive and file the docu-
ments, adopt the reso-
lutions, set the public
hearings as indicated,
and direct the City
Clerk to publish notice
as prescribed by law.
Seconded by Connors.
Motion carried 6 -0.
1. SRF Green Alley Bid
Set 1: City Manager
recommending initia-
tion of the bidding
process for the SRF
Green Alley Bid Set 1
Project and further rec-
ommends that a public
hearing be set for Feb-
ruary 3, 2014. Upon mo-
tion the - documents
were received and filed
and Resolution No. 13-
14 Preliminary appro-
val of plans, specifica-
tions, form of contract,
and estimated cost;
setting date of public
hearing on plans, spec-
ifications, form of con-
tract, and estimated
cost; and ordering the
advertisement for bids
(SRF Green Ailey Bid
Set 1 Project); Resolu-
tion No. 14-14 Approv-
ing the Plats, Schedule
of Assessments and es-
timate of total cost for
the SRF Green Alley Bid
Set 1 Project; Resolu-
tion No. 15 -15 Resolu-
tion of Necessity for
the SRF Green Alley Bid
Set 1 Project; and Res-
olution No. 16-14 Fixing
date of public hearing
on Resolution of Neces-
sity were adopted set-
ting a public hearing
for a meeting to com-
mence at 6:30 p.m. on
February 3, 2014 in the
Historic Federal Build-
ing.
2. Franchise Fee Ordi-
nance Amendment -
Alliant Energy: City
Manager recommend-
ing that a Public Hear-
ing be set for February
3, 2014, to amend the
Franchise Fee Ordinan-
ces with Alliant Energy.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 17 -14 Setting a
Public Hearing on a
proposed ordinance
Amending the Fran-
chise Fee Ordinances
under the City's Elec-
tric Franchise with
Alliant Energy by
repealing section 3 of
Ordinance No. 58 -03
Providing for a Rebate
of Franchise Fees for
Exempt Sales of Elec-
tricity to Customers of
Interstate Power Com-
pany, its Successors
and Assigns, and Es-
tablishing a procedure
for Requesting a Re-
bate of Such Fees was
adopted setting a pub-
lic hearing for a meet -
ng to commence at
6:30 p.m. on February
3, 2014 in the Historic
Federal Building.
3. Franchise Fee Ordi-
nance Amendment -
Black Hills Energy: City
Manager recommend -
ng that a Public Hear -
ng be set for February
3, 2014, to amend the
Franchise Fee Ordinan-
ces with Black Hills En-
ergy. Upon motion the .
documents were re-
ceived and filed and
Resolution No. 18 -14
Setting a Public Hear-
ing on a proposed ordi-
nance Amending the
Franchise Fee Ordinan-
ces under the City's
Gas Franchise with
Black Hills Energy by
repealing Section 3 of
Ordinance No. 59 -03
And Section 3 of Ordi-
nance No. 76 -03 Provid-
ing For A Rebate of
Franchise Fees For Ex-
empt Sales of Natural
and Mixed Gas to Cus-
tomers of Peoples Nat-
ural Gas, Its Succes-
sors and Assigns and
Establishing a Proce-
dure for Requesting a
Rebate of Such Fees
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on Febru-
ary 3, 2014 in the His-
toric Federal Building.
4. Franchise Fee Ordi-
nance Amendment -
Maquoketa Valley Elec-
tric Cooperative: City
Manager recommend-
ing that a Public Hear-
ing be set for February
3, 2014, to amend the
Franchise Fee Ordinan-
ces with Maquoketa
Valley Electric Cooper-
ative. Upon motion the
documents were re-
ceived and filed and
Resolution N0. 19 -14
Setting a Public Hear-
ing on a proposed ordi-
nance Amending the
Franchise Fee Ordinan-
ces under the City's
Electric Franchise with
Maquoketa Valley Elec-
tric .Cooperative by
repealing the third un-
numbered paragraph.
of Section 23 of Ordi-
nance No. 20 -04 Provid-
ng for a Rebate of
Franchise Fees for Ex-
empt Sales of Electrici-
ty to Customers of Ma-
quoketa Valley Electric
Cooperative, its Suc-
cessors and Assigns,
and Establishing a Pro-
cedure for Requesting
a Rebate of Such Fees
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on Febru-
ary 3, 2014 in the His-
toric Federal Building.
BOARDS/
COMMISSIONS
Applicants were invit-
ed to address the City
Council regarding their
application for appoint-
ment to the following
boards /commissions:
1. Community Devel-
opment Advisory Com-
mission: Two, 3 -year
terms through Febru-
ary 15, 2014 (Expiring
terms of Craddieth,
Michalski) Applicants:
Janice Craddieth, 1455
Washington St.; and
Ann Michalski, 1520 Al-
tura Dr.
2. Sister City Relation-
ship Advisory Commis-
sion: Four, 3 -year
terms through Febru-
ary 1, 2014 (Expiring
terms of Castaneda,
Felderman, Landis and
Ward) Applicants:
Sheila Castaneda, 1014
Dunham Dr.; Robert
Felderman, 241 South-
gate Dr.; Dick Landis,
2390 Clarke Crest Dr.;
and Annalee Ward,
2758 Tiffany Ct. Mr.
Landis spoke in sup-
port of his reappoint-
ment and that of the
other applicants.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
1. Request to Rezone -
1060 Edina Street
Proof of publication on
notice of public hear-
ing to consider a re-
quest by John & Angie
Long; Ron & Denise
Reeg to rezone proper-
ty at located at 1060
Edina (Parcels 10 -23-
477 -006 & 10- 23 -477-
007) from R -1, Single
Family Residential Zon-
ing District, to R -2,
Two - Family Residential
Zoning District and the
Zoning Advisory Com-
mission recommending
approval. Motion by
Connors to receive and
file the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Resnick. Motion failed
5 -1 with Resnick voting
nay. Council Member
Resnick took exception
with the request com-
paring it against the
Washington Street
Neighborhood.
Motion by Jones to
consider the first read-
ing of a proposed ordi-
nance amending Title
16 of the City of Dubu-
que Code of Ordinan-
ces, Unified Develop-
ment Code, by reclass-
ifying hereinafter de-
scribed property locat-
ed at 1060 Edina from
R -1 Single - Family Resi-
dential District to R -2
Two - Family Residential
District. Seconded by
Braig. Planning Serv-
ices Laura Carstens
provided a staff report.
Motion carried 5 -1 with
Resnick voting nay.
2. Request to Rezone -
1857 Miller Road: Proof
of publication on no-
tice of public hearing
to consider a request
by Thomas L. Henschel
to rezone property lo-
cated at 1857 Miller
Road (Parcels 15 -02-
204 -010 & 15- 02 -129-
024) from R -1, Single -
Family Residential Zon-
ing District, to AG, Ag-
riculture Zoning Dis-
trict and the Zoning
Advisory Commission
recommending appro-
val. Motion by Connors
to receive and file the
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended. Second-
ed by Braig. Planning
Services Laura Car-
stens provided a staff
report. Motion carried
6 -0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 5 -14 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 1857 Mill-
er Road from R -1 Single
Family Residential Dis-
trict to AG Agricultural
District. Seconded by
Braig. Motion carried
6 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
L Weis Grocery - 400
East 22nd Street: Assis-
tant City Attorney
Crenna Brumwell rec-
ommending Approval
of the "Offer to Buy Re-
al Estate and Accept-
ance" of real property
located at 400 East
22nd Street. Motion by
Braig to receive and
file the documents and
adopt Resolution No.
20 -14 Approving the
acquisition of real es-
tate owned by the Four
Mounds Foundation in
the City of Dubuque.
Seconded by Jones. Re-
sponding to questions
from the City Council,
City Manager Van
Milligen identified a
funding source, and
Police Chief Mark
Dalsing addressed
questions about loca-
tion and budget. Mo-
tion carried 6 -0.
2. Community Devel-
opment Advisory Com-
mission Purchase of
Service Grant Ranking
Summary: City Manag-
er transmitting the Fis-
cal Year 2015 Purchase
of Service recommen-
dations as submitted
by the Community De-
velopment Advisory
Commission. Motion by
Braig to receive and
file the documents and
refer to the City Man-
ager. ° Seconded by
Jones. City Manager
Van Milligen stated
that the funding re-
quests may change
through the budget
process and that the
Council could consider
changing the process
whereby it identifies
the funding amount
f'rst then determines
the distribution. Mo-
Yon carried 6 -0.
3. Request for Work
Session - Community
Engagement Plan: City
Manager recommend-
ing setting a work ses-
sion for the amended
date of April 7 at 5:00
p.m. on the community
engagement plans
moving forward. Mo-
tion by Jones to set the
wok session recom-
mended Seconded by
Connors. Motion car-
ried 6 -0.
4. Request for Work
Session - Convention
and Visitors Bureau
Budget: City Manager
recommending setting
a work session for the
amended date of
March 3, 2014 at 5:30
p.m. to discuss the Du-
buque Convention and
Visitors Bureau budget.
Motion by Braig to set
the work session as
recommended. Sec-
onded by Resnick. Mo-
tion carried 6 -0.
COUNCIL MEMBER
REPORTS
Council Member
Jones requested and
received Council con-
sensus on placing a
resolution to Congress
overturning United
America related to
campaign funding on a
future agenda.
There being no fur-
ther business, upon
motion the City Council
adjourned at 7:08 p.m.
/s /Kevin S. Firnstahl,
CMC, City Clerk
It 1/29
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 Build-
ing,350 W. 6th Street.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Resnick, Sutton; City
Manager Van Milligen,
City Attorney Lindahl
Absent: Council Mem-
ber Lynch
Mayor Buol read the
call and stated this is a
special session of the
City Council called for
the purpose of con-
ducting a work session
on the Design Guide-
lines Manual.
WORK SESSION
DESIGN GUIDELINES
MANUAL
Planning Services
Manager Laura Car-
stens, Assistant Plan-
ner Dave Johnson, and
Planning Technician
Eric Van Buskirk pro-
vided a slide presenta-
tion on the Architectur-
al Design Guidelines
Manual:
Merging Sustaina-
bility, Accessibility,.
Historic Districts and
Downtown Overlay
• Current design
guidelines
• Benefits of design
guidelines
• Project steps
• Combining docu-
ments: guidelines,
styles, and architectur-
al terms
• Review of table of
contents and format
• Planning a preserva-
tion project
• Developing an im-
provement strategy
• Identifying sensitive
areas, details and fea-
tures, historic and al-
ternative materials,
and windows
• Commercial proper-
ties and additions
• Residential proper-
ties and additions
• Site and landscape
design; fences, walls,
and gates
• New buildings; ma-
terials, residential/
commercial massing,
and context
• Awnings and cano-
pies, building lighting
and signs
• Sustainability princi-
ples and energy effi-
ciency
• Appendix
• Architectural styles
and design terms
• Implementation;
current and proposed.
The City Council had
discussion with staff
following the presenta-
tion.
There being no fur-
ther business, upon
motion the City Council
adjourned at 5:54 p.m.
/s/Kevin S. Firnstahl,
CMC, City Clerk
It 1/29
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
January 21, 2014 in the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Resnick, Sutton; City
Manager Van Milligen,
City Attorney Lindahl
Absent: Council Mem-
ber Lynch
Mayor Buol read the
call and stated this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the City
Council.
PLEDGE OF
ALLEGIANCE
CONSENT ITEMS
Motion by Connors to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Jones.
Motion carried 6-0.
1. Minutes and Re-
ports Submitted: Cable
TV Commission of
11/6, City Council pro-
ceedings of 1/6 and
1/7, Civil Service Com-
mission 12/11, Historic
Preservation Commis-
sion 12/19, Human
Rights 12/9 and 12/11,
Zoning Advisory Com-
mission 1/8, Zoning
Board of Adjustment
12/19. Upon motion the
documents were re-
ceived and filed.
2: Notice of Claims
and Suits: Area Resi-
dential Care for prop-
erty damage, Philip
Baumann for vehicle
damage, Jason and
Amanda Bickal for ve-
hicle damage, Cindi
Harker for' property
damage, Mediacom
(James Busch) for vehi-
cle damage. Upon mo-
tion the documents
were received, filed
and referred to City At-
torney
3. Disposition of
Claims: City Attorney
advising that the fol-
lowing claims have
been referred to Public
Entity Risk Services of
Iowa, the agent for the
Iowa Communities As-
surance Pool: Phillip
Bauman for vehicle
damage, and Cyndi
Harker for property
damage. Upon motion
the documents were
received, filed and con-
curred.
4. Catfish Creek Wa-
tershed Management
Authority Board - Du-
buque Industrial Cen-
ter South: The Catfish
Creek Watershed Man-
agement Authority re-
quests the possibility
of creating a wetlands
mitigation bank in
partnership with the
City at the newly-
developed Dubuque In-
dustrial Center South.
Upon motion the docu-
ments were received,
filed and referred to
the City Manager.
5. Plat of Survey -
3338 Center Grove
Road: Zoning Advisory
Commission recom-
mending approval of
the Plat of Survey for
Centre Grove Plat 3
(3338 Center Grove)
subject to waiving lot
frontage for Lot 1.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 5-14 Approving
the Plat of Survey
Centre Grove Plat 3 in
city of Dubuque, Iowa,
was adopted.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: January 29, 2014, and for which the charge is $273.99.
(172c
Subscribed to before me, otary Public in and for Dubuque County, Iowa,
this e la day of , 20 /5Z .
1
Notary Public in and for Dubuque County, Iowa.
Q4'p U,� �P MARY K. WESTERMEYER
Commission Number 154885
x '— My Gomm. Exp. FEB. 1, 2017
,W*
Legal Notices
motion the documents 17. Improvement Con- the SRF Green Alley Bid of Section 23 of Ordi- Braig. Planning Sery Janes. City Manager
were received and filed tracts and Mainte- Set 1 Project; and Res- nance No. 20-04 Provid- ices Laura Carstens Van Milligen stated
and Resolution No. 11- nance Bonds: Maryville ' olution No. 16-14 Fixing ing for a Rebate of provided a staff report. that the funding re-
6. Storm Sewer and 14 Accepting the 5th Construction Company date of public hearing Franchise Fees for Ex- Motion carried 5-1 with quests may change
Sanitary Sewer Ease- and Bluff Restroom for the Fire Station No. on Resolution of Neces- empt Sales of Electrici- Resnick voting nay. through the budget
ment Acceptance Project and authorizing 4 Mechanical and Rest- sity were adopted set- ty to Customers of Ma- 2. Request to Rezone process and that the
Part of Lot 2 Centre the payment of the room Upgrade Project. ting a publichearing quoketa Valley Electric 1857 Miller Road: Proof Council could consider
Grove Plat 2, and Lots contract amount to the Upon motion the docu- for a meeting to com- Cooperative, its Suc- of publication on no changing the process
21A, 22A, and 26 of contractor was adopt- ments were received, mence at 6:30 p.m. on cessors and Assigns, tice of public hearing whereby it identifies
the funding amount
Manager recommend- 9. Helping Services for 18. Alcohol Compli- Historic Federal Build- cedure for Requesting by Thomas L. Henschel first then determines
Center Grove: City ed. filed and approved. February 3, 2014 in the and Establishing a Pro- to consider a request
ing acceptance of a Northeast Iowa Sub- ance Civil Penalty for ing. a Rebate of Such Fees to rezone property to the distribution. Mo
storm sewer and sani- contract: City Manager Alcohol License Holder 2. Franchise Fee Ordi- was adopted setting a cated at 1857 Miller tionhecarried 6-0.
tart' sewer easement recommending appro-Beecher Beverage: nance Amendment public hearing for a Road (Parcels 15 023. Request for Work
from Myla and Comp- val of a subcontract City Manager recom- Alliant Energy: City meeting to commence 204-010 & 15-02-129 Session Community
ny for an existing with Helping Services mending approval of Manager recommend- at 6:30 p.m. on Febru- 024) from R-1, Single Engagement Plan: City
storm sewer and re- for Northeast Iowa, Inc. the Alcohol Compli- ing that a Public Hear- ary 3, 2014 in the His- Family Residential Zon recommend -
'sanitary constructed for overtime funding to ance Settlement ing be set for February toric Federal Building. ing District, to AG, Ag- Managera ea work nd-
sanitary sewer across provide special patrols Agreement with Beech- 3, 2014, to amend the BOARDS/ riculture Zoning Dis- ing setting
ghawork
of Lot 2 Centre aimed at violations of er Beverage, 1691 As- Franchise Fee Ordinan- COMMISSIONS trict and the Zoning date of 7 at amended
Applicants were invit- Advisory Commission p.m. on the Aprilc7 at 5:00
ed to address the City recommending appro-
Council regarding their val. Motion by Connors engagement plans
application for appoint- to receive and file the moving forward.. Mo
tion by Jones to set the
wok session recom-
mended Seconded by
Connors. Motion car-
ried 6-0.
4. Request for Work
Session - Convention
and Visitors Bureau
Budget: City Manager
recommending setting
a work session for the
amended date of
March 3, 2014 at 5:30
p.m. to discuss the Du-
buque Convention and
Visitors Bureau budget.
Motion by Braig to set
the work session as
recommended._ Sec-
onded by Resnick. Mo-
tion carried 6-0.
COUNCIL MEMBER
REPORTS
Council Member
Jones requested and
received Council con-
sensus on placing a
resolution to Congress
overturning United
America related to
campaign funding on a
future agenda.
There being no fur-
ther business, upon
motion the City Council
adjourned at 7:08 p.m.
/s/Kevin S. Firnstahl,
CMC, City Clerk
It 1/29
Grove Plat 2, and Lots
21A, 22A, and 26 of
Center Grove, in the
City of Dubuque, Dubu-
que County, Iowa.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 6-14 Accepting
the grant of an ease-
ment 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,
was adopted.
7. Accept Storm and
Sanitary Easements for
Beverly Avenue Im-
provements: City Man-
ager recommending
acceptance of the
storm and sanitary
sewer easements from
Brian and Michelle Ro
ling, Flat Iron Develop-
ment LLC, and Marlin
and Ritchie Avenarius
for a recently con-
structed storm sewer
and existing sanitary
sewer near the south
end of Beverly Avenue
in the City of Dubuque.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 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 No. 8-14 Ac-
cepting the Grant of
Easement for storm
sewer through, over
and across the south-
erly ten (10) feet of Lot
73 of Lenox addition in
the City of Dubuque,
Dubuque County, Iowa;
Resolution No. 9-14 Ac-
cepting 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
ment to the following
boards/commissions:
1. Community Devel-
opment Advisory Com-
mission: Two, 3-year
terms through Febru-
ary 15, 2014 (Expiring
terms of Craddieth,
Michalski) Applicants:
Janice Craddieth, 1455
Washington St.; and
Ann Michalski, 1520 Al-
tura Dr.
2. Sister City Relation-
ship Advisory Commis-
sion: Four, 3-year
terms through Febru-
ary 1, 2014 (Expiring
terms of Castaneda,
Felderman, Landis and
Ward) Applicants:
Sheila Castaneda, 1014
Dunham Dr.; Robert
Felderman, 241 South-
gate Dr.; Dick Landis,
2390 Clarke Crest Dr.;
and Annalee Ward,
2758 Tiffany Ct. Mr.
Landis spoke in sup-
port of his reappoint-
ment and that of the
other applicants.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
1. Request to Rezone -
1060 Edina Street:
Proof of publication on
notice of public hear-
ing to consider a re-
quest by John & Angie
Long; Ron & Denise
Reeg to rezone proper-
ty at located at 1060
Edina (Parcels 10-23-
477-006 & 10-23-477-
007) from R-1, Single
Family Residential Zon-
ing District, to R-2,
Two -Family Residential
Zoning District and the
Zoning Advisory Com-
mission recommending
approval. Motion by
Connors to receive and
file the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
the City of Dubuque, were received, filed ommends that a public tone Federal Building. meeting at which it is
Iowa, from the center- and the resignation ac- hearing be set for Feb- 4. Franchise Fee Ordi- to be passed be sus -
line of Beverly Ave. ex- cepted. ruary 3, 2014. Upon mo- nance Amendment - pended. Seconded by
tended to the westerly 15. U.S. Environmental tion the documents Maquoketa Valley Elec- Resnick. Motion failed
boundary line of said Protection Agency were received and filed tric Cooperative: City 5-1 with Resnick voting
Lot, in the City of Du- (EPA) - Notice of Stipu- and Resolution No. 13- Manager recommend- nay. Council Member
buque, Dubuque Coun- lated Penalty Demand: 14 Preliminary appro- ing that a Public Hear- Resnick took exception
ty, Iowa; and Resolu- City Manager transmit- val of plans, specifica- ing be set for February with the request com-
tion No. 10-14 Accept- ting correspondence tions, form of contract, . 3, 2014, to amend the paring it against the
ing the Grant of Ease- received from the U.S. and estimated cost; Franchise Fee Ordinan- Washington Street
ment for storm sewer Environmental Protec- setting date �of public ces with Maquoketa Neighborhood.
through, over and tion Agency - Region 7. hearing on plans, spec- Valley Electric Cooper- Motion by Jones to
across 'a'part of Lot 2 of Upon motion the docu- ifications, form of con- ative. Upon motion the consider the first read-
Avenarius Place in the ments were received, tract, and estimated documents were re- ing of a proposed ordi-
City of Dubuque, Dubu- filed and referred to cost; and ordering the ceived and filed and nance amending Title
que County, Iowa, were the City Manager. advertisement for bids Resolution NO. 19-14 16 of the City of Dubu-
adopted. 16. Civil Service Com- (SRF Green Alley Bid Setting a Public Hear- que Code of Ordinan-
8. Fifth and Bluff mission: Civil Service Set 1 Project); Resolu- ing on a proposed ordi- ces, Unified Develop -
Streets Restroom Proj- Commission submitted tion No. 14-14 Approv- nance Amending the ment Code, by reclass-
ect Acceptance: City the (re)certified list for ing the Plats, Schedule Franchise Fee Ordinan- ifying hereinafter de -
Manager recommend- the position of Fire- of Assessments and es- ces under the City's scribed property locat-
ing acceptance of the fighter. Upon motion timate of total cost for Electric Franchise with ed at '1060 Edina from
5th and Bluff Streets the documents were the SRF Green Alley Bid Maquoketa Valley Elec- R-1 Single -Family Resi-
Restroom Project, as received, filed and Set 1 Project; Resolu- tric Cooperative.by dential District to R-2
completed by Portzen made a Matter of Re- tion No. 15-15 Resolu- repealing the third un- Two -Family Residential
Construction. Upon cord. tion of Necessity for . numbered paragraph. District. Seconded by
underage drinking bury Road. Upon mo- ces with Alliant Energy.
laws. Upon motion the tion the documents Upon motion the docu-
documents were re- were received, filed ments were received
ceived, filed and ap- and approved. and filed and Resolu-
proved. 19. Alcohol Compli- tion No. 17-14 Setting a
10. Recommendation ance Civil Penalty for Public Hearing on a
for Consultant for Col- Alcohol License Holder proposed ordinance
lective Impact Volun- - Pizza Hut City Manag- Amending the Fran-
teering Outreach Strat- er recommending ap- chise Fee Ordinances
egy: City Manager rec- grovel of the Alcohol under the City's Elec-
ommending entering a Compliance Settlement tric Franchise with
contract not to exceed Agreement with Pizza Alliant Energy by
$13,000 with Plaid Hut #4690, 2075 John F. repealing section 3 of
Swan to create an out- Kenney Road. Upon Ordinance No. 58-03
reach strategy for col- motion the documents Providing for a Rebate
lective impact volun- were received, filed of Franchise Fees for
teering under the Vol- and approved. Exempt Sales of Elec-
unteer Generation 20. Business License tricity to Customers of
Fund Grant. Upon mo- Refund: Request of An- Interstate Power Com-
tion the documents gela Mangeno for a re- party, its Successors
were received, filed fund of the liquor li- and Assigns, and Es -
and approved. cense LC0020645 for tablishing a procedure
11. Sustainable Dubu- Angie's Bar located at for Requesting a Re-
que Monthly Project 1401 Elm St. in the bate of Such Fees was
Status Report: City amount of $633.75. adopted setting a pub -
Manager transmitting Upon motion the docu- lic hearing for a meet -
the Sustainable Dubu- ments were received, ing to commence at
que Monthly Project filed and approved. 6:30 p.m. on February
Report for December 21. Alcohol License 3, 2014 in the Historic
2013. Upon motion the Applications: City Man- Federal Building.
documents were re- ager recommending 3. Franchise Fee Ordi-
ceived and filed. approval of annual liq- nance Amendment -
12. ICMA International uor, beer and wine li- Black Hills Energy: City
Fellowship Exchange censes as submitted. Manager recommend -
Application: City Man- Upon motion the docu- ing that a Public Hear-
ager recommending ments were received ing be set for February
that the City of Dubu- and filed and Resolu- 3, 2014, to amend the
que apply to the Inter- tion No. 12-14 Approv- Franchise Fee Ordinan-
national City/County ing applications for ces with Black Hills En -
Management Associa- beer, liquor, and/or ergy. Upon motion the
tion (ICMA) to serve as wine permits, as re- documents were re -
a site for the ICMA In- quired by city of Dubu- ceived and filed and
ternational Fellowship que code of ordinances Resolution No. 18-14
Exchange. Upon mo- title 4 business and 11- Setting a Public Hear-
tion the documents cense regulations, ing on a proposed ordi-
were received, filed chapter 2 liquor con- nance Amending The
and approved. trol, article b liquor, Franchise Fee Ordinan-
13. National Endow- beer and wine licenses ces under the City's
ment for the Arts - Our and permits was Gas Franchise with
Town Grant Applica- adopted. Black Hills Energy by
tion: City Manager rec- ITEMS TO BE SET FOR repealing Section 3 of
ommending approval PUBLIC HEARING Ordinance No. 59-03
of the submission of a Motion by Jones to re- And Section 3 of Ordi-
National Endowment ceive and file the docu- nance No. 76-03 Provid-
for the Arts (NEA) Our merits, adopt the reso- ing For A Rebate of
Town grant applica- Iutions, set the public Franchise Fees For Ex-
tion. Upon motion the hearings as indicated, empt Sales of Natural
documents were re- and direct the City ' and Mixed Gas to Cus-
ceived, filed and ap- Clerk to publish notice tomers of Peoples Nat -
proved. as prescribed by law. ural Gas, Its Succes-
14. Sister City Rela- Seconded by Connors. sors and Assigns and
tionship Advisory Com- Motion carried 6-0. Establishing a Proce-
mission: Commissioner 1. SRF Green Alley Bid dure for Requesting a
Larissa • Filimonenko Set 1: City Manager Rebate of Such Fees
submitting her resigna- recommending initia- was adopted setting a
tion from the Sister tion of the bidding public hearing for a
City Relationship Advi- process for the SRF meeting to commence
sory Commission. Upon Green Alley Bid Set 1 at 6:30 p.m. on Febru-
motion the documents Project and further rec- ary 3, 2014 in the His -
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for passage at two
Council meetingsprior
to the meeting at
which it is to be passed
be suspended. Second-
ed by Braig. Planning
Services Laura Car-
stens provided a staff
report. Motion carried
6-0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 5-14 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 1857 Mill-
er Road from R-1 Single
Family Residential Dis-
trict to AG Agricultural
District. Seconded by
Braig. Motion carried,
6-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
1. Weis Grocery - 400
East 22nd Street: Assis-
tant City Attorney
Crenna Brumwell rec-
ommending Approval
of the "Offer to Buy Re-
al Estate and Accept-
ance" of real property
located at 400 East
22nd Street. Motion by
Braig to receive and
file the documents and
adopt Resolution No.
20-14 Approving the
acquisition of real es-
tate owned by the Four
Mounds Foundation in
the City of Dubuque.
Seconded by Jones. Re-
sponding to questions
from the City Council,
City Manager Van
Milligen identified a
funding source, and
Police Chief Mark
Dalsing addressed
questions about loca-
tion and budget. Mo-
tion carried 6-0.
2. Community. Devel-
opment Advisory Com-
mission Purchase of
Service Grant Ranking
Summary: City Manag-
er transmitting the Fis-
cal Year 2015 Purchase
of Service recommen-
dations as submitted
by the Community De-
velopment Advisory
Commission. Motion by
Braig to receive and
file the documents and
refer to the City Man-
ager. • Seconded by