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2 17 14 Clerk's Skeleton Notes and Meeting CallsCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p. in the Historic Federal Building, 350 W. 6th Street. / Present: Mayor 'Buol; Council Members Bg, Corffiors, VSutton; City Mana er Var�:Milligen, City Atto ney Lindahl i.� (�;.) Absent: m. on February 17, 2014 Jones, Ly1ich, Resnick, Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session Hydraulic Fracturing and Alternative Fuels. WORK SESSION Environmental Stewardship Advisory Commission Report on Hydraulic Fracturing and Alternative Fuels Adjournment � �/�� = �►� /fir " 4/9, „/*x izei 0Y//-A 40i7,47#, G %ham /� C� �� C� /% J , i 444 ii/ e - o. t9Gg��'�'' gnome. /7 '4%4 4°,49 7', "erg,. "�l��l 12/./1 4,A lAIA do7 Aa4 40eeedia Yays. Nays Resnick Sutton Braig 1/ Buol Lam' Connors Jones /7 Lynch 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on February 17, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor 'Buol; Council Members 'raig, Connors, Jokes, Lich, Rick, Sutton; City Manager Van Milligen, City Attornfty Lindahl Absent: Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Problem Gambling Awareness Month (March 2014) PRESENTATION(S) 1. Environmental Protection Agency (EPA) Smart Growth Award Assistant City Manager Teri Goodmann to present the EPA Smart Growth Achievement Award - Corridor or Neighborhood Revitalization category for the Historic Millwork District and Washington Neighborhood EPA Congratulatory Letter Of effV T f6L,/;4i/4'dzf/-- 7'4iiizf2a,*ee 2 Yays Nays �i- Resnick Sutton Braig iv Buol IV- Connors Jones Lynch CONSENT ITEMS 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 12/17/13; City Council proceedings of 2/3, 2/10; Civic Center Advisory Commission of 1/27; Historic Preservation Commission of 1/16; Historic Preservation Education Task Force of 2/6; Investment Oversight Advisory Commission of 1/22; Library Board of Trustees of 12/19/13; Long Range Planning Advisory Commission of 1/15; Zoning Advisory Commission of 2/5; Proof of Publication for City Council proceedings of 1/21; Proof of Publication for List of Claims /Summary of Revenues for month ended 12/31/13 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Scott Duehr for vehicle damage, Zachary Gries for property damage, Jerry Grutz for property damage, Kischel Harris for personal injury and property damage (2), Jeffrey Herbst for vehicle damage, Mary Heister /State Farm Mutual for vehicle damage, Mark Matel for vehicle damage, Jason McCann for vehicle damage, James Pancratz for vehicle damage, Michael Pancratz for vehicle damage, Ann Powell for vehicle damage, James Thill for vehicle damage; Jeff Tracy for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Scott Duehr for vehicle damage, Jerry Grutz for property damage, Kischel Harris for personal injury and property damage (2), Mary Heister for vehicle damage, Jeffrey Herbst for vehicle damage, Interstate Power & Light for property damage, Robert Lange for vehicle damage, Ryan Leick for vehicle damage, Mark Matel for vehicle damage, Jason McCann for vehicle damage, James Pancratz for vehicle damage Suggested Disposition: Receive and File; Concur 3 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 4. Environmental Protection Agency (EPA) - Notice of Stipulation of Settlement City Attorney advising that the Environmental Protection Agency (EPA) is rescinding its demand for a stipulated penalty for the April 19, 2013 sanitary sewer overflow. Suggested Disposition: Receive and File 5. Environmental Protection Agency (EPA) Education Grant City Manager recommending approval of a Letter of Commitment and partnership with the University of Iowa in the EPA Environmental Education Grant Application for air quality. Suggested Disposition: Receive and File; Approve 6. Sustainable Dubuque Monthly Project Status Report City Manager transmitting the Sustainable Dubuque Monthly Project Status Report for January 2014. Suggested Disposition: Receive and File 7. 2014 Federal Legislative Priorities City Manager recommending adoption of the 2014 Federal Legislative Priorities. Suggested Disposition: Receive and File; Approve 8. Certified Local Government (CLG) Annual Report City Manager transmitting the 2013 Certified Local Government (CLG) Annual Report. Suggested Disposition: Receive and File 9. Iowa Utilities Board - Distributed Generation Letter of Support City of Dubuque letter to the Iowa Utilities Board in support of distributed generation policies and standards. Suggested Disposition: Receive and File; Approve 4 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 10. CIPP Lining Project Acceptance City Manager recommending acceptance of the construction contract for the FY 2013 and FY 2014 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project, as completed by Visu Sewer Clean and Seal. RESOLUTION 34 -14 Accepting the Sanitary Sewer Cured -in -Place Pipe Lining Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Grand River Center Floor Settlement Remediation Project Acceptance City Manager recommending acceptance of the construction contract for the Grand River Convention Center — Floor Settlement Remediation Project as completed by Hayward Baker. RESOLUTION 35 -14 Accepting the Grand River Convention Center Floor Settlement Remediation Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Catfish Station Electrical Repairs FEMA - Project Acceptance City Manager recommending acceptance of the construction contract for the Catfish Station Electrical Repairs FEMA project as completed by A &G Electric. RESOLUTION 36 -14 Accepting the Catfish Station Electrical Repairs FEMA and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays z Nays Resnick i/ Sutton Braig !/' Buol Connors ✓l Jones Lynch / I t/7- ice /y /ile/ 4/ /2R/6 - 441 m9 !vizi& 13. Urban Revitalization Program 2013 Applications City Manager recommending approval of 13 applications for residential property tax exemption. RESOLUTION 37 -14 Approving property tax abatement applications submitted by property owners in recognized Urban Revitalization areas and authorizing the transmittal of the approved applications to the City Assessor Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Financial Advisor Contract Amendment City Manager recommending approval of a contract amendment with the City's Financial Advisor, Piper Jaffray. Suggested Disposition: Receive and File; Approve 15 �JZoning Advisory Commission - North Grandview Avenue Parking Zonin Advisory Commission requesting consideration of removing the on- street g ry q g g parking spaces along the east side of North Grandview Avenue between 3rd Street and the intersection at Grandview Avenue, Delhi and Grace Streets. Suggested Disposition: Receive and File; Refer to City Manager 16. Paragon Square, LLC - Rescinding Development Agreement City Manager recommending rescinding Resolution No. 281 -11, which approved the Development Agreement with Paragon Square, LLC for property located at 2887 and 2901 Central Avenue. RESOLUTION 38 -14 Rescinding Resolution No. 281 -11, which approved the Development Agreement with paragon Square, LLC for the property located at 2887 and 2901 Central Avenue Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 17. Iowa Department of Transportation PCC Patching Correspondence from the Iowa Department of Transportation notifying the. City of Dubuque that it proposes to let three PCC patching projects on April 15, 2014 on areas of US Hwy 20, Iowa 32 and US Hwy 61 Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Stipulation of Settlements - US Bank Property Tax Appeals City Attorney recommending approval of Stipulation of Settlements regarding two tax assessment appeals filed by US Bank NA. Suggested Disposition: Receive and File; Approve 19. Worker Adjustment and Retraining Notification (WARN) - Jeld -Wen, Inc. Correspondence from Jeld -Wen, Inc., notifying the City of Dubuque that it will experience permanent closure of its facility at 250 East 8th Street on March 28, 2014. Suggested Disposition: Receive and File 20. Cornerstone Government Affairs Service Agreement City Manager recommending approval of an agreement with Cornerstone Government Affairs, LLC to assist the City in pursuit of the elimination of pari - mutuel greyhound dog racing in Dubuque. Suggested Disposition: Receive and File; Approve 21. Progressive Processing, LLC City Manager recommending authorization of the submission of an Economic Development Assistance Contract by Progressive Processing, LLC (a subsidiary of Hormel Foods Corporation), the City of Dubuque and the Iowa Economic Development Authority. RESOLUTION 39 -14 Authorizing the execution of an Economic Development Assistance Contract by Progressive Processing, LLC, the City of Dubuque, and the Iowa Economic Development Authority. Suggested Disposition: Receive and File; Adopt Resolution(s) 7 Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 22. Signed Contracts Partnership Agreement with Global Green USA Suggested Disposition: Receive and File 23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Main Street Steak and Chophouse City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Main Street Steak and Chophouse, 342 Main Street. Suggested Disposition: Receive and File; Approve 24. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION 40 -14 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) 8 ITEMS TO BE SET FOR PUBLIC HEARING Yays Nays V Resnick V Sutton 1j Braig Buol 1 Connors Jones Lynch 1. Fiscal Year 2015 Recommended Budget as Amended City Manager recommending that the City Council set a public hearing for March 5, 2014, on the Fiscal Year 2015 City budget, Operating and Capital Improvement Program as amended for the City of Dubuque. City Manager recommending that the City Council set a public hearing for March 5, 2014 to consider a fare increase for the Jule Transit System. Public Works Director providing information regarding a budget request to purchase two compressed natural gas (CNG) solid waste collection vehicles in Fiscal Year 2015. Transit Advisory Board submitting a letter of support for the proposed fare increase. RESOLUTION 41 -14 Setting the date for the public hearing on the Fiscal Year 2015 Budget as amended for the City of Dubuque RESOLUTION 42 -14 Setting the date for the public hearing on the Five -Year Capital Improvement Program as amended for Fiscal Years 2015 through 2019 for the City of Dubuque RESOLUTION 43 -14 Setting the date for a public hearing on the Transit Fixed -Route and Paratransit fare increase Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing 3/5/14 9 2. Iowa and Locust Streets Parking Ramp Repair Project City Manager recommending approval of the initiation of the bidding process for the Iowa and Locust Streets Parking Ramp Repair Project, preliminary approval of the construction plans and specifications and the Resolution of Necessity, and further recommends that a public hearing be set for March 3, 2014. RESOLUTION 44 -14 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids. Suggested Disposition: Receive and File; Adopt Resolutions, Set Public Hearing 3/3/14 Yays Resnick Sutton Brai B nnors Jones Lynch 10 BOARDS /COMMISSIONS Review of applications to the following Boards /Commissions: 1. Civic Center Advisory Commission: One, 3 -year term through June 29, 2016 (Expired term of Hill). Applicants: McKenzie Hill, 394 %2 Bluff St., #2 2. Housing Code Appeals Board: One, 3 -year term through January 11, 2017 (Expired term of Young). Applicants: David Young, 1594 Central Ave. 3. Mechanical Board: Two, 3 -year terms through March 16, 2017 (Expiring terms of Giese and Hillard). Applicants: Tom Giese, 395 Villa St.; Gary Hillard, 2826 Muscatine St. 11 PUBLIC HEARINGS SUSPEND THE RULES Yays Yays Nays Nays Resnick Resnick 1/' Sutton Sutton V Braig Braig Buol Buol Connors Connors Jones Jones ij Lynch Lynch 1. Request to Rezone - 1342 Forest Lane Proof of publication on notice of public hearing to consider a request by DeeAnn Ballard, 1342 Forest Lane, to rezone property from R -2 Two Family Residential to OR Office Residential and the Zoning Advisory Commission recommending approval. ORDINANCE 13 -14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1342 Forest Lane from R -2 Two - Family residential District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays v Resnick L./ Sutton ,2 Braig 1 Buol vl Connors ,v Jones fr Lynch Final Reading and Adopt Yays Nays ,/ Resnick L ' Sutton //''a: Braig 1/' Buol Connors Jones 1. Lynch 1„2 44kki.4r - \S'. , r�'ilG 7-4/ z5fr d �� ' 'S !/ /1 `/�li 0 /1�i%. A 6Q/Aiiib ; 02444 - >ifre"; fit, 6 7v ,e-", IOW/ - e46;,/--a_ //92;id /iv �% /4»t A -� , ekaw-r q4. 9k#1440/1,11a— "/ x`70 "Ai ✓ Z/1/ A/ fil- i / &WA 11 — A A t <//46/ fD/ 472 ZeP YR HI e - 12 2. Request to Amend Institutional District - 350 North Grandview Avenue Proof of publication on notice of public hearing to consider a request by Finley Hospital, 350 North Grandview Avenue, to amend the Finley Hospital Institutional District to permit the construction of a 25,000 square -foot, four -story addition to the west side of the hospital building and the Zoning Advisory Commission recommending approval. ORDINANCE 14 -14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ordinances 35 -93, 59- 00, and 5 -05 and approval of an amended Campus Development Plan for the Finley Hospital Institutional District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays v Resnick 1/ Sutton 1j Braig fj Buol Connors Jones Lynch Final Reading and Adopt Yays Nays l/ Resnick V Sutton Braig fj Buol Connors Jones Lynch 1.44f76 4-; 9-e ,i,//zige ,44) iie66 rile-ei%)) A /'/ei 14.111 0)74de A 6/` , ice'``/ /Azi-60i4b/wia74.6,47A /77,- "mleim-i/A 91 y /2 g.o 4/1,77 - „4,1 //A/ -D• 13 3. Sales Tax Increment Revenue Bonds (Flood Mitigation Program) Proof of publication on notice of public hearing to consider the issuance of Not to Exceed $29,000,000 Sales Tax Increment Revenue Bonds (Flood Mitigation Program) and the City Manager recommending approval. RESOLUTION 45 -14 Instituting proceedings to take additional action for the issuance of not to exceed $29,000,000 Sales Tax Increment Revenue Bonds Suggested Disposition: Receive and File; Adopt Resolution(s) -Srxsp 'e rrdtthe- Readings Yays Nays Nays Resnick Resnick t,/ Sutton V i Braig �✓ t/ Buol Li/ Connors Connors 1r' lj % Jones , V/` Lynch /27il4i 4i- /// [/ ' al Reading and Adopt Ya Nays ays Resnick Resnicck' Sutton Ffn V Braig i.t a �✓ Buol Buol Li/ Connors Connors 1r' Jones Jones , Lynch Lynch Moir ? /tai /7% REINSTATE THE RULES This action limits discussion to the City Council. Yays , Nays t/ Resnick Sutton V Braig �✓ Buol Li/ Connors 1r' Jones , Lynch 14 ACTION ITEMS 1. Citizen Petition - St. Ambrose Street Parking Sharon Hienz submitting a citizen petition and requesting to address the Council on behalf of residents of St. Ambrose Street regarding placing restrictions on residential parking due to issues with Sr. High School. Suggested Disposition: Receive anj File; Refer to City Manager Yays Nays 1,/ Resnick 1/' Sutton tV Braig vi Buol Connors Jones Lynch 2. SRF Green Alley Bid Set 1 Project Award City Manager recommending award of the contract for the SRF Green Alley Bid Set 1 Project to the low bidder East Iowa Construction. RESOLUTION 46 -14 Awarding the public improvement contract for the SRF Green Alley Bid Set 1 Project Suggested Disposition: Receive and File; Adopt Resolution(s) 4//77 3. Request to Rezone - 1060 Edina Street (Third Reading) 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 15 -15 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; Mo#ion-1 -llbtiorr A uspend the Read n s�i7 frays ¥s Nays Resnick / 1 Suttph \B,rg/ Buol 1 onnors J es L„, Ly ch Final Reading and Adopt Yays Nays Resnick L/ 1 Sutton Braig Buol 1 Connors Jones L„, Lynch sac 4)246- if ,N4ye af.:fre„,5 16 4. Sustainable Dubuque Community Grant Recommendations City Manager recommending funding of six Sustainable Dubuque Community grant applications. Suggested Disposition: Receive and File; Approve Yays Nays Resnick V Sutton Braig J/ Buol L -// Connors Jones /7 Lynch IVO 17 5. Storm Water Utility Revenue Capital Loan Notes, $1,029,000 Taxable Series 2014A (State of Iowa Revolving Fund Loan) City Manager providing the suggested proceedings to authorize issuance of $1,029,000 Storm Water Utility Revenue Capital Loan Notes, Taxable Series 2014A (State of Iowa Revolving Fund Loan) through the Iowa Water Pollution Control Works Financing Program. RESOLUTION 47 -14 Approving and authorizing the Form of Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the issuance and securing the payment of $1,029,000 Storm Water Utility Revenue Capital Loan Notes, Taxable Series 2014A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa, and providing for a method of payment of said Notes Suggested Disposition: Receive and File; Adopt Resolution(s) Yays ,,. Nays Resnick L- Sutton /.--'`/ Braig 17-' Buol 1>-; Connors L Jones Lynch 18 6. Iowa Statewide Urban Design and Specifications Program (SUDAS) City Manager recommending that the City Council formally adopt the Iowa Statewide Urban Design and Specifications Program, commonly known as SUDAS. RESOLUTION 48 -14 Approving adoption of the Iowa Statewide Urban Design and specifications Program for Public Works Improvements Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Resnick //" Sutton L% Braig Buol v' Connors U ; Jones L.- Lynch / & ? //6 G7%2Z//1(1/1/- 19 91` 7. Request for Work Session - Sustainable Dubuque Quarterly Work Session City Manager requesting that the City Council schedule the quarterly Sustainable Dubuque Work Session for Monday, April 21, at 5:00 p.m. Suggested Disposition: Receive and File; Council Yaysy Nays L Resnick Sutton / Braig 1/ Buol Connors L Jones u Lynch 8. Fiscal Year 2014 Budget Correction City Manager recommending options for Fiscal Year 2014 Operating and Capital Budget shortfall. Suggested Disposition: Receive and File; 6orarrcil Yays Nays Resnick Sutton z/ Braig i,/ Buol v."- Connors am'' Jones ; Lynch C"1/2 "brict— at,i/IPZ) ‘1) 4/(7/A 4 2 • a/177 a; t2 /6/# (91/ 1 5 d'4 (4/2 KZ,27 116-A 1/4.--/VilkiVe, 1Vd0 d,/z--/N0/1601/Y-4/i/ /id,A) Awf i////0' f&- /6/ A-itz(40111e 8 /1= az i /17,16 = Zmizzhim - 21 I. COUNCIL MEMBER REPORTS J. PUBLIC INPUT /yv 040f Ykth*aydA //a/74/74w-z71 ";&/ letv %ei dot 4/, 2 6v-414'a_ zie- ,024 aez/wdieme, .1)? ywr,93- iyie/bovik-o, K. CLOSED SESSION 9,YZ3 w K Pending Litigation and Property Acquisition - Chapter 21.5(1)(c), -(j) ode of Iowa ./-40 674,/ Yays Nays V Resnick Sutton V Braig U` Buol Connors . Jones Lynch L. ADJOURNMENT: ( c Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 22 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, February 17, 2014 at 5:00 PM in the Historic Federal Building for the purpose of conducting a work session on hydraulic fracturing and alternative fuels. Consent Items: Pages n/a oy D. Buol, Mayor TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, February 17, 2014 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Roy D. 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