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11 17 14 City Council Agenda ROLL CALL ORDER FOR MEETING OF November 17,2010 B21g, Seel, Connors, Jones, Lynch, Resnick, Sutton CITY OF DUBUQUE, IOWA `4V CF Ep' CITY COUNCIL MEETING F4 \ Historic Federal Building mart 1 C 350 W. 6th Street 0''.. 13^ Novem her 17, 9110 �y f Council meemngs are video streamed live and archived at voomecityoftlubuqueorg/media and on Dubuque's CityCbannel on the Metliacom cable system at Channel (analog) and 85.2 (digitap. RE GUI-AR SESSION 6:30 PM PLEDGE OF ALLEGIANCE CONSENT ITEMS The consent agenda Items are considered to be Future and noncontroversial and all consent items will be normally voDd upon In a single motion wltlnoutany separate discussion on a particular item If youwoultl like to discuss one of the Consent Items, please go to tine microphone and be recognized by tine Mayor and statethe item youwould like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Subm ifted City Council proceedings of 11/3', Five Flags Center Com mission of 1 C2, IT abort Preservation Commisslon of 10/16 IJbrary Board of Trustees U plate of 10/20 Zoning Advisory Com miss ion of 11/05, Zoning Board of Adjustment of 10/23 Proof of Publication for City Council proceedings of 10/20 Suggested DisposiEon: Receive and File 2. Notice of Claims and Suits Lonnie Smothers for personal injuryand John Young for vehicle tlamage. Suggested DisposiEon: Receive and File; Retx W City Attorney 3. Disposition M Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the oma Communities Assurance Pool. Michelle Green far vent le tlamage, Peru Oliver far ehl de tlamage, Lonnie Smothers for personal Injury, John Young for vehicle damage Suggested DisposiEon: Receive and File; Concur 0. Dubuque Main Street Awmtl IH Manager foramlI no the Certificate cate of Recognition for the Dubuque Main Street B est P use Iproven ent Project award far the two street conversion project on Elm At set Suggested DisposiEon: Receive and File B. Iowa 32 BIXe/HIXe Trail Pbase 5 - Resource Enhancement and Protection (REAP) Grant Agreement City Manager recommending approval of the Fiscal Year 2015 Resource Enhancem ent and Protecton (REAP) Grant Agmem ent for P base 51the IDowd 32Blke ilkeTrail. RESOLUTION AutdonLgq REAP Grant Agreem ent with the IDowd Depahm ent of N aural Resources for Phase 5 of the oma 32 Bike/HIke Trail Suggested DisposiEon: Receive and File; Adopt Resolutions) 6. Alternal Services C oncepts -C laim s Service Compact City Manager recommending approval of the Claims Service Contract with Alternative Service Concepts and autdonzation for the City Mproper to exec me the contract Suggested DisposiEon: Receive and File; Approve T. Plat of Survey -Hancock Subdivision Zoning Advisory Commission recommending approval of the Plat of Survey for Hancock Subdivision (10126 Key West Drive) subject to waiving the lot area for Lot 2. RESOLUTION Approving the Plat of Survey of Hancock Subdivision in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Pre-Annexation Agreement -John A. and Celeste R. Fischer City Manager recommending approval of a Pre-Annexation Agreement with John A. and Celeste R. Fisher in conjunction with their request for approval of the Plat of Survey of Hancock Subdivision in Dubuque County, which is within two miles of the City of Dubuque corporate limits. RESOLUTION Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa, and John A. and Celeste R. Fischer Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Dubuque Industrial Center South - Paving/Utilities - Phase II Acceptance City Manager recommending acceptance of the Dubuque Industrial Center South PCC Paving and Utilities, Phase II, as completed by Horsfield Construction, Inc. RESOLUTION Approving a Housing Enterprise Zone Program agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Iowa Department of Transportation Agreement for use of Local Agency Roads as a detour for US 52 Bridge Rehabilitation City Manager recommending approval for the Mayor to execute an agreement with the Iowa Department of Transportation for the use of local roads as an authorized detour route for the South Grandview Avenue at US 52 Overpass— Bridge Rehabilitation Project. RESOLUTION Approving the Iowa Department of Transportation Agreement for Use of Local Agency Roads as Detours for the South Grandview at US 52 Overpass Bridge Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution(s) 11. State of Iowa Annual Financial Report for Fiscal Year 2014 City Manager recommending approval of the City of Dubuque's Fiscal Year 2014 Annual Financial Report. Suggested Disposition: Receive and File; Approve 12. WBBW Holliday Stormwater Facilities Fee Agreement Assignment to Warrior Enterprises, LLC City Manager recommending approval of the Assignment of interest in the Stormwater Facilities Fee Agreement assigning WBBW Holliday Development, LLC's interest in Lot 1 of Holliday 6th Addition to the purchaser of that property, Warrior Enterprises, LLC. Suggested Disposition: Receive and File; Approve 13. ArtPlace America -Letter of Intent City Manager recommending approval of the submittal of a Letter of Intent/Pre-Application prepared by Geri Schafer, Art Management Consultant and Economic Development Coordinator Megan Starr requesting ArtPlace America funding for the development and construction of Creative Commons, a 100' x 400' linear park to be located at 4th and Bell Streets in the Port of Dubuque. Suggested Disposition: Receive and File; Approve 14. Iowa Mississippi River Parkway Commission (IMRPC) Iowa Mississippi River Parkway Commission submitting their Annual Report for 2013/2014. Suggested Disposition: Receive and File 15. Weaver Castle - Housing Enterprise Zone Agreement City Manager recommending approval of a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC. RESOLUTION Approving a Housing Enterprise Zone Program agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Unison Solutions -Capstone Microturbine Factory Protection Plan Agreement City Manager recommending approval of the Capstone Turbine Factory Protection Plan End User Agreement with Unison Solutions for the three 200kw microturbines located at the Water& Resource Recovery Center. Suggested Disposition: Receive and File; Approve 17. Improvement Contract(s)/Maintenance Bonds R&W Restoration, LLC for the 429 Rhomberg Demolition and Building Stabilization Project Suggested Disposition: Receive and File; Approve 18. Tobacco Compliance— Civil Penalty for Tobacco License Holder— 5 Star Tattoos City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for 5 Star Tattoos, 901 Rhomberg Avenue. Suggested Disposition: Receive and File; Approve 19. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. SUSPEND THE RULES 1. Unified Development Code Text Amendment- Keeping of Hens Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend the Unified Development Code regarding the keeping of hens as a Conditional Use in the R-1 and R-2 Residential Districts and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, By Amending Article 16-8-5.10 Conditional Uses by eliminating the Keeping of Hens and Amending Articles 16-5-2-2 (R-1) And 16-5- 3-2 (R-2) to delete the Keeping of Hens for Egg Production as an Conditional Use in R-1 and R-2 Residential Districts. Suggested Disposition: Receive and File; Motion B; Motion A 2. Iowa Greyhound Association Lease Proof of publication on notice of public hearing to consider the intent to dispose of a portion of the greyhound racing facility by lease to the Iowa Greyhound Association and the City Attorney recommending approval. RESOLUTION Disposing of an interest in real property by lease with Iowa Greyhound Association Suggested Disposition: Receive and File; Adopt Resolution(s) REINSTATE THE RULES This action limits discussion to the City Council ACTION ITEMS These are items where discussion is held by the City Council - public comments are not allowed except as authorized by the Mayor. 1. Sidewalk Installation -480 Wartburg Place City Manager transmitting information on the sidewalk waiver request by Tim and Christine Conlon, owners of 480 Wartburg Place, and requesting City Council direction. Correspondence from Attorney Steve Juergens on behalf of the property owners. Suggested Disposition: Receive and File; Council 2. General Obligation Capital Loan Notes, Series 2014B and Taxable General Obligation Capital Loan Notes, Series 2014C City Manager recommending approval of the suggested proceedings for directing sale of$18,815,000 General Obligation Capital Loan Notes, Series 2014B and $7,615,000 Taxable General Obligation Capital Loan Notes, Series 2014C and awarding the Bonds to the best bidder. RESOLUTION Directing sale of$18,815,000 General Obligation Capital Loan Notes, Series 2014B RESOLUTION Directing sale of$7,615,000 Taxable General Obligation Capital Loan Notes, Series 2014C Suggested Disposition: Receive and File; Adopt Resolution(s) 3. Request to Schedule Inclusive Dubuque Work Session City Manager requesting that the City Council schedule the quarterly work session on Inclusive Dubuque for Monday, February 2, 2015, at 5:00 p.m. Suggested Disposition: Receive and File; Council COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation, Property Acquisition and Collective Bargaining Pursuant to Chapter 21.5(1)(c), -Q) and 20.17 -Code of Iowa ADJOURNMENT