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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