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10 20 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 6:00 p.m. on October 20, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor <o;1; Council Members Braig, Connors, JotYes, L ch, Re nick, Sutton; City Manager Vn Milligen, City Attorney Lindahl A Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a Closed Session regarding pending litigation and property acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa CLOSED SESSION Pending Litigation and Property Acquisition — Chapter 21.5(1)(C), -(J) Code of Iowa Closed Session Yays Nays `___auttor,--'-- Sutton *7 " Braig /7 Buol / Connors i Jones Iii, Lynch Resnick Reconvened Adjournment p.m. a4p.m. p.m. Yays Nays `___auttor,--'-- *7 " Braig l/ Buol / Connors i Jones Iii, Lynch Resnick gviltgarrr 411) 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 20, 2014 in the Historic Federal Building, 350 W. 6t Street.����.� /Present: Mayor 'B/L; Council Members B"raig, Coati s, J es, L ch, Res`fiick, t utton; City Manager an Milligen, City Attorney Lindahl 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. 197147 LEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Keeping the Lights on Afterschool Day (October 23, 2014) was accepted by z/01 ////-- 2. Andrew Connolly Make a Difference Day (October 25, 2014) was accepted by #0. ifiby4,7 2 CONSENT ITEMS Yays Nays Sutton Braig Buol - Connors ) Jones 7� 7/' Lynch W Resnick 1. Minutes and Reports Submitted City Council proceeding of 10/2, 10/6; Human Rights Commission of 9/8; Library Board of Trustees of 8/28; Library Board of Trustees Update of 9/25; Sister City Advisory Commission of 9/24; Zoning Advisory Commission of 10/1; Proof of Publication for City Council proceedings of 9/15; Proof of Publication for List of Claims and Summary of Revenues Month Ending 8/31 Suggested Disposition: Receive and File 2. 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: June Crimmins for property damage, Kelly Davis for vehicle damage, Stephen Launspach for property damage Suggested Disposition: Receive and File; Concur 3. Notice of Claims and Suits June Crimmins for property damage, Kelly Davis for vehicle damage; Stephen Launspach for property damage; City of Dubuque vs. Michael Dennison, et al Suggested Disposition: Receive and File; Refer to City Attorney 4. Sustainable Dubuque Quarterly Report City Manager transmitting the Sustainable Dubuque Quarterly Report for September 2014. Suggested Disposition: Receive and File 5. Sustainable Dubuque Community Grant Recommendations City Manager recommending approval of the quarterly Sustainable Dubuque Community grant applications. Suggested Disposition: Receive and File; Approve 3 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 6. Overview of Climate Change Impacts in the United States City Manager transmitting information about the National Climate Assessment from the U.S. Global Change Research Program Suggested Disposition: Receive and File 7. Final Plat for Steger Heights No. 2 Zoning Advisory Commission recommending approval of the Final Plat for Steger Heights No. 2 subject to waiving the lot frontage requirement for Lots 1, 3 and 4. RESOLUTION 322-14 Approving the Final Plat Steger Heights Plat 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. WBBW Holliday Development Stormwater Fee Agreement Assignment to SJCG Properties City Manager recommending approval of the Assignment of Stormwater Facilities Fee Agreement assigning WBBW Holliday Development, LLC's interest in Lot 2 of Holliday 6th Addition, and Lot 1 of Lot 6 of Holliday 3rd Addition to the purchaser of that property, SJCG Properties, LLC. Suggested Disposition: Receive and File; Approve 9. Iowa Economic Development Authority (IEDA) - Community Energy Management Program Agreement City Manager recommending approval for executing the City Energy Management Program Agreement. Suggested Disposition: Receive and File; Approve 4 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 10. Multicultural Family Center Phase II Renovation City Manager recommending approval of the execution of a Professional Services Agreement between the City of Dubuque and Selser Schaefer Architects for design and construction administration services for the Multicultural Family Center —Phase II Renovation Project. Suggested Disposition: Receive and File; Approve 11. Property Acquisition - 610 Wilbur Street City Manager recommending approval to purchase the property at 610 Wilbur Street owned by Brian and Cynthia Harker for the removal of deteriorating retaining walls on the property and stabilization of the bluff embankment to allow for the reconstruction of Wilbur Street so that it can be reopened to vehicular traffic. RESOLUTION 323-14 Approving the acquisition of real estate owned by Brian and Cynthia Harker in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Property Acquisition - 215 Cousins Road (SW Arterial Project) City Manager recommending acceptance of the Warranty Deed to the property at 215 Cousins Road in connection with the Southwest Arterial Project. RESOLUTION 324-14 Accepting the deed to certain real estate in Dubuque County, Iowa from Thomas a. Pfeiffer and Charlotte K. Pfeiffer Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Property Acquisition - 103 Cousins Road (SW Arterial Project) City Manager recommending acceptance of the Warranty Deed to the property at 103 Cousins Road in connection with the Southwest Arterial Project. RESOLUTION 325-14 Accepting the deed to certain real estate in Dubuque County, Iowa from Dennis H. Kollars and Susan A. Kollars Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 14. Property Acquisition - 121 Cousins Road (SW Arterial Project) City Manager recommending Council acceptance of the Warranty Deed to the property at 121 Cousins Road in connection with the Southwest Arterial Project. RESOLUTION 326-14 Accepting the deed to certain real estate in Dubuque County, Iowa from Arthur D. Rokusek and Karen K. Rokusek Suggested Disposition: Receive and File; Adopt Resolution(s) 15. GNZ Property Tax Appeals City Attorney advising that the petitioners for the GNZ Properties and Housing Cooperative have withdrawn their property tax appeals. Suggested Disposition: Receive and File 16. Kunkel & Associates, Inc. Urban Revitalization Area City Manager recommending approval of a Resolution of Finding for the Kunkel & Associates property in the Dubuque Technology Park. RESOLUTION 327-14 Urban Revitalization Resolution of Finding that the Rehabilitation, Conservation, Redevelopment, Economic Development, or a combination thereof of Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa is necessary in the interest of public health, safety, or welfare of the residents of the City Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 17. Linseed Oil, LLC - Collateral Assignments to Merrimac and Betty Building, LLC City Manager recommending approval of collateral assignments of both the Development Agreement and the Community Development Block Grant (CDBG) Subrecipient Agreement for the Linseed Oil Building project to Dubuque Bank & Trust. RESOLUTION 328-14 Approving Collateral Assignment of Development Agreement and Collateral Assignment of Subrecipient Agreement related to rehabilitation of the former Linseed Oil Building Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Mediacom Communications Company Correspondence from Mediacom Communications Company advising the City of programming changes on or about November 9, 2014. Suggested Disposition: Receive and File 19. Signed Contract(s) Agreement with the Red Cross for Emergency Shelters; Dubuque Intermodal Transportation Center Change Order #1 (Parts I & II) Suggested Disposition: Receive and File 20. Improvement Contracts / Performance, Payment and Maintenance Bonds Drew Cook and Sons Excavating, Inc., for the SRF Green Alley Project Bid Set 2 - Year 2 Suggested Disposition: Receive and File; Approve 21. Alcohol Compliance Civil Penalty for Alcohol License Holders — Extreme Pub City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Exxtreme Pub, 1701 Central Ayenue. Suggested Disposition: Receive and File; Approve 7 Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick 22. Alcohol Compliance Civil Penalty for Alcohol License Holders — Knicker's Saloon City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Knicker's Saloon, 2186 Central Avenue. Suggested Disposition: Receive and File; Approve 23. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. RESOLUTION 329-14 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 RESOLUTION 330-14 Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) 8 ITEMS SET FOR PUBLIC HEARING 1. North Cascade Road Area - Housing Urban Renewal Plan December 1, 2014 2. Taxable General Obligation Capital Loan Notes Series 2014C 3. Tax -Exempt General Obligation Bonds Series 2014B 4. Taxable General Obligation Bonds, Series 2014C 5. Tax -Exempt General Obligation Bonds, Series 2014B November, 3 2014 Yays Nays Sutton Braig °''' Buol -Connors Jones Lynch ; Resnick 1. North Cascade Road Area - Housing Urban Renewal Plan City Manager recommending approval of a Resolution of Necessity that finds that a Housing Urban Renewal Plan for the North Cascade Road Area is both necessary and appropriate, and sets a public hearing on the proposed amendment for December 1, 2014. RESOLUTION 331-14 Resolution of Necessity finding that certain property along North Cascade Road is an Economic Development Area and that the Development of said Area is necessary in the interest of the residents of the City of Dubuque Receive and File; Adopt Resolution(s), Set Public Hearing for 12/1/14 2. Taxable General Obligation Capital Loan Notes (Urban Renewal and Parking), Series 2014C City Manager recommending that a public hearing be set for November 3, 2014, on the proposition of selling not to exceed $8,625,000 in Taxable General Obligation Bonds. RESOLUTION 332-14 Fixing date for a meeting on the authorization of a Loan Agreement and the issuance of not to exceed $8,265,000 General Obligation Capital Loan Notes, Series 2014, of the City of Dubuque, State Of Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/3/14 3. Tax -Exempt General Obligation Bonds Series 2014B City Manager recommending that a public hearing be set for November 3, 2014, on the 9 proposition of selling not to exceed $18,335,000 in Tax -Exempt General Obligation Bonds. RESOLUTION 333-14 Fixing date for a meeting on the authorization of a Loan Agreement and the issuance of not to exceed $18,335,000 General Obligation Capital Loan Notes, Series 2014, of the City of Dubuque, State of Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File, Adopt Resolution(s), Set Public Hearing for 11/3/14 4. Taxable General Obligation Bonds, Series 2014C City Manager recommending that a public hearing be set for November 3, 2014, on the proposition of selling not to exceed $500,000 in Taxable General Obligation Bonds. RESOLUTION 334-14 Fixing date for a meeting on the authorization of a Loan Agreement and the issuance of not to exceed $500,000 General Obligation Capital Loan Notes, Series 2014, (for General Corporate Purposes) of the City of Dubuque, State of Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/3/14 5. Tax -Exempt General Obligation Bonds, Series 2014B City Manager recommending that a public hearing be set for November 3, 2014, on the proposition of selling not to exceed $575,000 in Tax -Exempt General Obligation Bonds. RESOLUTION 335-14 Fixing date for a meeting on the authorization of a Loan Agreement and the issuance of not to exceed $575,000 General Obligation Capital Loan Notes, Series 2014, (for General Corporate Purposes) of the City of Dubuque, State of Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/3/14 10 BOARDS/COMMISSIONS 1. Appointments of Applicant(s) Appointments to the following commissions to be made at this meeting: Community Development Advisory Commission: One, 3 year term through February 15, 2016 (Vacant term of Corken). Applicant: Michelle Hinke, 973 Patricia Ann Dr. Yays. Nays Sutton v''' Braig ° Buol 1 Connors Jones Lynch Resnick Environmental Stewardship Advisory Commission: One, 3 year term through October 1, 2017 (Vacant term of Bergum), Applicant: Lalith Jayawickrama, 2360 Cherry St Yays Nays Sutton y Braig iv: Buol i,,7- Connors Jones Lynch Resnick 11 PUBLIC HEARINGS SUSPEND THE RULES Yays_,. Yays Nays V Sutton Sutton Braig Braig 1/749/ Lam,`. %r''"-. Buol /42 17 - Connors Zi/ Jones Jones 1, y 7 Lynch Resnick Resnick 1. Request for Planned Commercial District Amendment - Theisen's Proof of publication on notice of public hearing to consider a request by Theisen's / STP Holdings / Tony Theisen to amend the Theisen's PC Planned Commercial District sign regulations at 2900 Dodge Street and the Zoning Advisory Commission recommending approval. ORDINANCE 61-14 Amending Title 16 the Unified Development Code of the City of Dubuque Code of Ordinances, by Amending Ordinance 35-03 which established regulations for a PUD Planned Unit Development District with a PC Planned Commercial Designation for Theisen's and now being amended to allow for new signage Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Sutton Braig Lam,`. Buol /42 Connors Zi/ Jones 1, Lynch Resnick Final Reading and Adopt Yays Nays Sutton Braig Buol Connors Zi/ Jones t,—' Lynch Resnick 12 2. Request to Rezone 2663 Roosevelt Street Proof of publication on notice of public hearing to consider a request by Leonard & Jody Koopman to rezone property located at 2663 Roosevelt Street from R-1 Single Family Residential to AG Agriculture to permit Row Crops, Orchards and Livestock and the Zoning Advisory Commission recommending approval. ORDINANCE 62-14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2663 Roosevelt from R=1 Single -Family Residential District to AG Agricultural District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays L,r°' Sutton vim', Braig Buol Connors rlConnors Jones '`' Lynch Resnick t`,47/Afrt Final Reading and Adopt Yays Nays L,r°' Sutton Braig Buol Connors Lfr.-:1 Jones '`' Lynch Resnick iktii/v/ 1)7 13 ic7-R, 3. Request to Rezone 815 Rose Street Proof of publication on notice of public hearing to consider a request by B.M. Properties / Brandon Merrick to rezone property located at 815 Rose Street from R-2 Two Family Residential to R-3 Moderate Density Multi Family Residential to permit the addition of a dwelling unit to an existing 5-plex and the Zoning Advisory Commission recommending approval with conditions. ORDINANCE 63-14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 815 Rose Street from R-2 Two -Family Residential District to R-3 Moderate Density Multi -Family Residential District with conditions as established in the attached Memorandum of Agreement Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays L„,,---- Sutton Braig L--,' Buol 1,4' Connors i„,-°' Jones '' Lynch Resnick Final Reading and Adopt Yays Nays - Sutton Braig Buol 1,4' Connors i„,-°' Jones /..,,--,Lynch Resnick i`/ r 10/90/- Mee clafri4" Arig, 1147' 2�r�V" 10 d41"lad r g7,/fr‘dti-2/0/-ex./' ,60" 14 av-/ G5� 4. Linseed Oil�Building - Amendment to Development Agreement Proof of publication on notice of public hearing to consider amending the Development Agreement with Wilmac Property Company for the property located at 151 East 9th Street and the City Manager recommending approval. RESOLUTION 336-14 Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa, and Betty Building, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays V Sutton i,,''2' Braig Buoi Connors / Jones -' Lynch "~A Resnick 0071 REINSTATE THE RULES This action limits discussion to the City Council Yays Nays as'� Sutton Braig Buol Connors 2,,, Jones -' Lynch "~A Resnick 15 ACTION ITEMS 7/t. 1. Greater Dubuque Development Corporation - Quarterly Update President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque Development Corporation. Suggested Disposition: Receive and File; Presentation Yays Nays p% Sutton Braig 1 Buol 1_, Connors Jones 2,1 Lynch 7 Resnick 1/714(:) 4970,/‘ /67 cp, ,17/0 //, /119 0074 a *../M) fi0M�c *Pi/1/,‘")(44-AN)./-04414- 16 i/5 2. English Mill Water Main Extension Project Award (Tabled from October 2, 2014) City Manager to make a final recommendation on the award of the English Mill Water Main Extension Project. REcnL�-Ta.Nwarding public improvement contract for the English Mill Water Main Extension Project (CIP 740-2504) Suggested Disposition: Remove From Table; Receive a d File, City Manager Remove from Table Yays Yays Nays Nays Sutton Sutton j/ Braig Braig vf Buol Buol Connors Connors 7 Jones Jones Lynch Lynch 7,,,,,-- Resnick Resnick a Yays Nays Sutton t„,-' Braig 1/ Buol Connors Jones Lynch ,. Resnick 17 7 3. English Mill Road Pumping Facility Project Award (Tabled from October 2, 2014) City Manager to make a final recommendation on the English Mill Road Pumping Facility Project Award. RESOLUTION 339-14 Awarding public improvement contract for the English Mill Road Pumping Facility Project (CIP 740-2504) Suggested Disposition: Remove From Table; Receive nd, 'ile, City Manager Remove from Table Yays, Nays E/ Sutton plyBraig Braig Buol 2O"9 Connors 2,7 F,; Jones Lynch Resnick /9104/7 :-'1' Yays ays E/ Sutton Braig Buol Connors Jones Lynch Resnick 18 4. Upper Bee Branch Creek Restoration Project - 429 Rhomberg Avenue Stabilization Project Award City Manager recommending award of the contract for the 429 Rhomberg Stabilization Project to the low bidder R&W Restoration, LLC. RESOLUTION 337-14 Awarding public improvement contract for the 424 Rhomberg Stabilization Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton i,..// Braig Buol 1: Connors i,"°'mJ Jones Lynch e`s°n i`ck‘ ogif 447, /74,4‘) ,4r1.7:�!/g it44-/ 47 c_01 ZNIN211-7 19 Ay,f)?w-i K,55, Airo 5. Environmental Stewardship Advisory Commission - Retail Plastic Bag Elimination Correspondence from the Environmental Stewardship Advisory Commission requesting additional action on implementing the retail plastic bag reduction plan. Suggested Disposition: Receive and File; Counci Yaysgi' a ` ' ' / Nays Sutton ys°'" Braig Buol Connors /7. Jones Lynch i ' Resnick - /Oda) 41/649 1Zs/moi "7...c20 :460 i; 6 0/fif° t'ZO1-6 60, ,/.d?) d4V1/1"-L /776/i/ 41)7 ‘-f/ //it/ii-ae?" 2,y/z) 8,5 h'< Oita( Zrifi )1e4/.72,941-71 in 4,/ rde i frl/t-e / , l 141/II ti-i/i,/ / 811/11 AIRAI"ii ing)krt g.,IVA /0" 'pie* -/414/10 (NM 1\0\61b ttfin41m4 41 WO A 06/S-thb 4,4e #a -ii 4-7 0d4.. tq4� m &99444,,e:), /44 ,44 At di- d/g/, 6. Code of Ordinances Amendment - Title 9 Speed Limit Reduction ,./ City Manager recommending approval of an amendment to City Ordinance 9-7-321.285 to reduce the speed limit from 35 mph to 25 mph on Kerper Boulevard from Pine Street to 11th Street. ORDINANCE 64-14 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Division 5 Speed Restrictions, Section 9-7- 321.285 Limits Generally by amending the speed limit for a portion of Kerper Boulevard from 35 M.P.H. to 25 M.P.H. Suggested Disposition: Receive and File; Motion A, Motion B Suspend the Readings Yays Nays ii„,"- Sutton Braig ° Buol vg Connors 7 Jones ( Lynch - "'. Resnick /017/7 Final Reading and Adopt Yays Nays ii„,"- Sutton Braig Buol t,-,2,, Connors `,f Jones Lynch - "'. Resnick 21 7. Request for Work Session - Dubuque Metropolitan Area Solid Waste Agency City Manager requesting that the City Council schedule a work session for Monday, November 3 at 5:30 p.m. regarding the Dubuque Metropolitan Area Solid Waste Agency's overview of current Agency operations, plans for the future, and need to borrow monies for upcoming capital projects. Suggested Disposition: Receive and File; Council Yays Nays '" Sutton '" Braig /7" Buol Connors iv Jones vif Lynch i „: Resnick // ?di/ 8. Request for Work Session - Sustainable Dubuque Quarterly Work Session City Manager requesting that the City Council set the quarterly Sustainable Dubuque Work Session for Monday, December 1, at 5:00 p.m Suggested Disposition: Receive and File; Council Yays Nays Sutton Braig Buol Connors Jones Lynch Resnick. 22 9. National League of Cities Voting Delegates Correspondence from the National League of Cities requesting that the City designate a voting delegate and alternate National League of Cities Annual Business meeting on November 22, 2014. Suggested Disposition: Receive and File; Council Yays Nays Sutton Braig ,. Buol Connors Jones Lynch Resnick 07 "92171- 23 COUNCIL MEMBER REPORTS (r W 6- /450(91 4/1 1'2'1 PUBLIC INPUT CL SED SESSION .m. Pending Litigation and Propertty,A'cquisition - Chapter 21.5(1)(c), -(j) Code of Iowa Yays tlais Sutton J/ Bra) Connors Jones Lynch Resnick ADJOURNMENT: 7/Zt p.m. Yays Nays Sutton it,-- Braig ° Buol 1„/:22Connors Jones ,o Lynch 1�.--' Resnick 24 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, October 20, 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. Consent Items: Pages 1-3 04 oy D. Buol, Mayor TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a special session of the City Council to be held on October 20, 2014 at 6:00 PM, in the Historic Federal Building for the purpose of conducting a Closed Session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. oy D. Buol, Mayor