12 15 14 Assistant City Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on December 15, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig Connors, Jones, Lynch, Resnick, Sutton; City
Manager Van Milligen, City Attorney indahl
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. US Senator Tom Harkin Proclamation
CONSENT ITEMS
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1. Minutes and Reports Submitted
Cable TV Commission Minutes 11/5; Civil Service Minutes 11/15; Civil Service Hearing 12-1;
Electrical Code Board Minutes 11/24; Historical Preservation Commission Minutes 11/20; Joint
Labor Management Health Care Committee Minutes 10/23; Long Range Planning Advisory
Commission Minutes 11/19; Zoning Board of Adjustments Minutes 11/20; Zoning Advisory
Commission Minutes 12/3; Proof of Publication for City Council proceedings of 11/17; Proof of
Publication for List of Claims and Summary of Revenues for the Month 10-31
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Rose Ann Koerperich for personal injury; Janaan and Mary Redmond for property damage;
Ethel Schneider for property 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: Rose Anne Koerperich
for personal injury; Janaan Redmond for property damage; Ethel Schneider for property
damage; Jordan Stackis for vehicle damage; University of Dubuque for property damage;
Suggested Disposition: Receive and File; Concur
4. Total Administrative Services Corporation (TASC) Fee Renewal
City Manager recommending approval of the administrative services fee of Total Administrative
Services Corporation (TASC), the City's flexible spending plan administrator.
Suggested Disposition: Receive and File; Approve
5. Civil Service Commission
Civil Service Commission submitting the certified list for the position of Records Clerk.
Suggested Disposition: Receive and File; Make Matter of Record
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Buol
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Resnick
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6. SRF Green Alley Project Bid Set 4 - Year 1 Acceptance
City Manager recommending acceptance of the construction contract and the establishment of
the Final Schedule of Assessments for the SRF Green Alley — Bid Set 4 Year - 1 Project, as
completed by Drew Cook and Sons Excavating.
RESOLUTION NO. 379-14 Accepting the SRF Green Alley Project - Bid Set 4 Year - 1 and
authorizing the payment of the contract amount to the contractor
RESOLUTION NO. 379-14A Adopting the Final Assessment Schedule for the SRF Green Alley
Project - Bid Set 4 Year 1
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Collective Bargaining Agreement Amendment - Teamsters Local 120 (Bus Operators)
City Manager recommending approval of the Amendment to the Collective Bargaining
Agreement between the City of Dubuque and Teamsters Local No. 120 (Bus Operators)
effective December 1, 2014.
Suggested Disposition: Receive and File; Approve
8. Snow Removal Assessment North Booth Street
City Manager recommending approval of the Final Assessment Schedule for 1050 North Booth
Street for the 2014-2015 Snow/Ice Removal from City Right -of -Way Program.
RESOLUTION NO. 380-14 Adopting the Final Assessment Schedule for the 2014-2015
Snow/Ice Removal Assessment — Right -of -Way Obstruction Removal Assessment Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Actuarial Valuation of Post Employment Benefit Plans
City Manager recommending that the SilverStone Group be selected to conduct the GASB -45
actuarial valuation for 2015.
Suggested Disposition: Receive and File; Approve
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10. Curb Access Ramps Phase 4 Acceptance
City Manager recommending acceptance of the Asphalt Overlay Project — Curb Access Ramps
Phase Four, as completed by Midwest Concrete, Inc.
RESOLUTION NO. 381-14 Accepting the Asphalt Overlay Project Curb Access Ramps Phase
Four and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Center Grove Storm Sewer Project Acceptance
City Manager recommending that the award for the West 32nd Street Storm Sewer Project be
officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
12. One -Way to Two -Way Conversion Project Acceptance
City Manager recommending acceptance of the 9th Street and 11th Street One -Way to Two -
Way Conversion Project, as completed by Portzen Construction.
RESOLUTION NO. 382-14 Accepting the 9th Street and 11th Street One -Way to Two -Way
Conversion Project and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Water and Resource Recovery Center Cement Curb Project
City Manager recommending that the award for the Water & Resource Recovery Center
Concrete Curb Installation Project be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
14. West 32nd Street Storm Sewer Project Acceptance
City Manager recommending that the award for the West 32nd Street Storm Sewer Project be
officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
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15. Bee Branch Creek Basin Overlook Project, Project Endorsement
City Manager recommending approval of a resolution establishing the City's support for the
Lower Bee Branch Overlook at the 15th Street Detention Basin Project and providing
assurance that the City will maintain the improvements for 20 years following completion of the
project.
RESOLUTION NO. 383-14 Providing the City's support for the Lower Bee Branch Overlook at
the 16th Street Detention Basin Project and assurance that the improvements will be
maintained following completion of the project
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Title Transfer for 1598 Washington Street
City Manager recommending approval of a resolution transferring title of City -owned real
property located at 1598 Washington Street to Community Housing Initiatives Inc. (CHI).
RESOLUTION NO. 384-14 Approving the Transfer of Title of Real Estate Located at 1598
Washington Street, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Dollinc LLC Property Tax Appeals
City Attorney submitting correspondence advising that 13 property assessment appeals were
withdrawn by the taxpayer at the Property Assessment Appeal Board for the 2013 and 2014
assessment years.
Suggested Disposition: Receive and File; Make Matter of Record
18. Iowa Department of Transportation Grant Agreement - Heritage Trail Parking Lot
City Manager recommending approval of the Iowa Department of Transportation Grant
Agreement for the County/City Heritage Trail Parking Lot along S. John Deere Road near US
52 and IA 32.
RESOLUTION NO. 385-14 Authorizing IDOT Grant Application for Development of
County/City Heritage Trail Parking Lot
Suggested Disposition: Receive and File; Adopt Resolution(s)
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19. Cities of Service City Hall Americorps VISTA Program
City Manager recommending approval of an application for the Cities of Service City Hall
AmeriCorps VISTA Program.
Suggested Disposition: Receive and File; Approve
20. Pre -Annexation Agreement - Larry McDermott
City Manager recommending approval of the LT Investments, LLC Pre -Annexation Agreement
in accordance with the Fringe Area Development Standards.
RESOLUTION NO. 391-14 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and LT Investments, LLC
Suggested Disposition: Receive and File; Approve
21. Clean Diesel Grant Contract
City Manager recommending approval of the United States Environmental Protection Agency
Clean Diesel Grant to install specialized muffler systems on four of the City of Dubuque's
heavy trucks.
Suggested Disposition: Receive and File; Approve
22. Signed Contracts
Conlon Construction Change Order #2 for the Dubuque Intermodal Transportation Center.
Suggested Disposition: Receive and File
23. FY14 Human Rights Department Annual Report
Human Rights Director Kelly Larson is transmitting the Human Rights Commission's Annual
Report for Fiscal Year 2014.
Suggested Disposition: Receive and File; Make Matter of Record
24. Cornerstone Government Affairs Service Agreement
City Manager recommending approval of an agreement with Cornerstone Government Affairs,
LLC to assist the City in identifying a solution to the pari-mutuel issue between the Iowa
Greyhound Association and the Iowa Thoroughbred Association.
Suggested Disposition: Receive and File; Approve
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Resnick
Sutton
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25. Liquor License Renewals
City Manager recommending approval of annual liquor, beer, wine and tobacco licenses
applications as submitted.
RESOLUTION NO. 386-14 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 NO. 387-14 Approving applications for retail cigarette/tobacco sales permits, as
required by Iowa Code 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
ITEMS SET FOR PUBLIC HEARING
1. Interstate Power and Light Company Franchise Agreement
2. Black Hills Energy Corporation Franchise Amendment
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1. Interstate Power and Light Company Franchise Agreement
City Attorney recommending approval of a resolution setting a public hearing for January 5,
2015.
RESOLUTION NO. 388-14 Setting a Public Hearing on an Ordinance granting to Interstate
Power and Light Company, its successors and assigns, the right and non-exclusive franchise
to acquire, construct, erect, maintain and operate in the City of Dubuque, Iowa, an electric
system and to furnish and sell electric energy to the City and its inhabitants and authorizing the
City to collect franchise fees for a period of 25 years
Suggested Disposition: Receive and File; Adopt Resolution(s)
2. Black Hills Energy Corporation Franchise Amendment
City Attorney recommending approval of a resolution setting a public hearing for January 5,
2015.
RESOLUTION NO. 389-14 Setting a Public Hearing on an amendment to City Of Dubuque
Code of Ordinances Sec. 11-4-23: Franchise Fee, authorizing the City Council to impose a
franchise fee not to exceed three percent (3%) on the gross revenue generated from the
distribution and sale of natural gas or mixed gas within the City of Dubuque, by increasing
such authority to five percent (5%).
Suggested Disposition: Receive and File; Adopt Resolution(s)
BOARDS/COMMISSIONS
1. Housing Code Appeals Board
One, 3 year term through January 11, 2018 (Expiring term of Miller)
Applicant:
Fred Miller, 2462 Central Ave.
2. Human Rights Commission
Two, 3 year terms through January 1, 2018 (Expiring terms of Allen and Stewart)
One, 3 year term through January 1, 2017 (Vacant term of Ostwinkle)
Applicants:
Anthony Allen, PO Box 1721
Frederick Davis Jr., 348 West 1st St.
Nikkole Nutter, 2897 Asbury Rd.
R.R.S Stewart, 460 Summit St.
Shirley Templeton Vaughn, 2973 Castle Woods Ln.
This commission is subject to the State of, Iowa Gender Balance Law.
9 Commissioners total; currently 3 males/3 female
3. Zoning Advisory Commission
One, 3 year term through July 1, 2015 (Vacant term of Miller)
Applicants:
Justin McCarthy, 315 River Ridge St. :ztc:.‘a,cr.-
Laura RousseII, 3224 Bittersweet Ln. ® cam
Greg Yoko, 3660 Seville
This commission is subject to the State of Iowa Gender Balance Law.
7 Commissioners total; currently 5 males/1 female
4. Zoning Board of Adjustments
One, 5 year term through March 25, 2017 (Vacant term of Gibbs)
Applicant:
Bethany Golombeski, 65 Cambridge Ct.
This commission is subject to the State of Iowa Gender Balance Law.
5 Commissioners total; currently 3 males/1 female
Appointments to the following commissions to be made at this meeting.
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1. Mediacom Charitable Foundation
One, 1 year term through December 31, 2015 (Expired term of Chavenelle)
Applicant:
Gail Chavenelle, 1155 Kelly Lane
PUBLIC HEARINGS
SUSPEND THE RULES
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1. Request to Amend ID District for New Education Facility - University of Dubuque
Proof of publication on notice of public hearing to consider a request by University of Dubuque
to amend the Institutional District on Auburn Street to construct a new educational facility
adjoining the University Science Center and the Zoning Advisory Commission recommending
approval.
ORDINANCE NO. 68-14 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by providing for the approval of an Amended Campus
Development Plan for the University of Dubuque to allow construction of a new Education
Facility for the Physician Assistant Program
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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2. Request to Amend ID District, Stoltz Center Gym Addition - University of Dubuque
Proof of publication on notice of public hearing to consider a request by University of Dubuque
to amend the Institutional District on McCormick Street to construct an addition to the Stoltz
Center gymnasium to increase the seating capacity and the Zoning Advisory Commission
recommending approval.
ORDINANCE NO. 69-14 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by providing for the approval of an Amended Campus
Development Plan for the University of Dubuque to allow construction of an addition to the 11,1
Stoltz Center Gymnasium
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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3. Request to Amend ID District, Addition to Boiler Room Building - Loras College
Proof of publication on notice of public hearing to consider a request by Loras College to
amend the Institutional District at 755 Loras / 1450 Loras Parkway (formerly Cox Street) to
create an addition to the existing Boiler Room building and the Zoning Advisory Commission
recommending approval.
ORDINANCE NO. 70-14 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by providing for the approval of an Amended Campus
Development Plan for the Loras College to allow construction of a new Welcome Center
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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4. Request to amend Dubuque Industrial Center ID District
Proof of publication on notice of public hearing to consider a request by Dubuque Humane
Society / Maria Benham to amend the Dubuque Industrial Center Planned Unit Development to
permit an electronic message sign at 4242 Chavenelle Road and the Zoning Advisory
Commission recommending approval.
ORDINANCE NO. 71-14 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by amending Ordinance 22-07, which established regulations for
Dubuque Industrial Center, A Planned Unit Development with a Planned Industrial
Designation, located at the Southwest Corner of Highway 32 and Chavenelle Road and now
being amended to allow electronic message center signs within the Dubuque Industrial Center
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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5. 2075 Holliday Drive Rezoning Request - Warrior Enterprises, LLC
Proof of publication on notice of public hearing to consider a request by Brian Kane / Warrior
Enterprises, LLC to rezone property located at 2075 Holliday Drive (Lot 1 of Holliday 6th
Addition) from C-2 Neighborhood Shopping Center District to C-3 General Commercial zoning
district and the Zoning Advisory Commission recommending approval.
ORDINANCE NO. 72-14 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located along
Holliday Drive from C-2 Neighborhood Shopping Center District with Conditions to C-3 General
Commercial District With Conditions
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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6. Kunkel & Associates, Inc. - Urban Revitalization Area Plan
Proof of publication on notice of public hearing to consider adoption of an Urban Revitalization
Plan for the Kunkel & Associates Urban Revitalization Area with final approval on January 20,
2015 agenda and the City Manager recommending approval.
Suggested Disposition: Receive and File
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REINSTATE THE RULES
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ACTION ITEMS
1. Lawful Source of Income Consideration
City Manager recommending an alternative process related to the Source of Income issue than
that offered by the. Human Rights Commission.
Suggested Disposition: Receive and File; Council
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2. Local & Regional Government Alliance on Race & Equity - Request to Join Amicus
Curiae Brief
City Manager recommending approval for the City of Dubuque to sign an amicus curiae brief in
a case called Inclusive Communities Project v. Texas Department of Housing and Community
Development that is pending before the United States Supreme Court.
Suggested Disposition: Receive and File; Approve
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3. Diversity and Inclusion in Boards and Commissions
City Clerk recommending approval of a resolution for Diversity and Inclusion in Boards and
Commissions, which measures the community's progress towards becoming a more
sustainable community
RESOLUTION NO. 390-14 Affirming the Dubuque City Council's commitment to diversity and
inclusion through broad recruitment and appointments to city boards and commissions so that
residents of varied backgrounds are represented and have the opportunity to provide input
Suggested Disposition: Receive and File; Adopt Resolution(s)
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4. Code of Ordinances Amendment Title 10 - Sledding in City Parks
City Manager recommending approval of an ordinance prohibiting sledding, downhill skiing,
snowboarding or tobogganing on City property except in designated areas of certain parks.
ORDINANCE Amending Title 10 Public Ways And Property, Chapter 5 Parks And Recreation,
Article B Use Regulations by adopting a new Section 10-5b-23 Prohibiting Sledding, Downhill
Skiing, Snowboarding or Tobogganing Except in Certain Designated Areas in Certain City
Parks
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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5. River Boat Bench - Gift to City
The Arts and Cultural Affairs Commission recommending that the city accept the gift of a River
Boat Bench as proposed and the City Manager recommending not to accept this donation of
artwork.
Suggested Disposition: Receive and File; Council 1 clNd
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6. Fiscal Year 2016 Budget and Fiscal Policy Guidelines
City Manager recommending adoption of the Fiscal Year 2016 Budget Policy Guidelines.
Suggested Disposition: Receive and File; Approve
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COUNCIL MEMBER REPORTS
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PUBLIC INPUT
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CLOSED SESSION
P- ding Litigation and Property Acquisition to Chapter 21.5(1)(c), -(j) Code of Iowa
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ADJOURNMENT
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