Loading...
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 Yays Nays ✓'Buol o'l ,-"-Connors hones 'Lynch vResnick mutton -' raig 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 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 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 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 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 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 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) Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 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 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 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 Yays Nays ,-Buol �1 G. -Connors -'Jones 1 itLynch Resnick c.. -Sutton L/Braig 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. Yays Nays ►-'Auol Connors ✓Jones LA ynch 'Resnick mutton 1 ,,..Graig 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 Yays Nays ✓Buol .Q --""Connors '-'"Jones 1 ✓Lynch v'"Resnick ✓Sutton ✓3raig 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 Yays Nays ✓Buol I o/ Connors %ones ---Lynch ',Resnick 'Sutton 0 Lraig Final Reading and Adopt Yays Nays +�uol 1 v "Connors '°Jones f Lynch 'Resnick ✓'button ✓ Braig et -,S tr1 ci-C- Lc4 LA r^e-t, ®r er.0444 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 Yays Nays , - Buol (,/Connors Q .'Jones 1 LAynch ✓'Resnick t/Sutton t."Braig Final Reading and Adopt Yays Nays ,'Buol —Connors 'Jones Lynch ✓Resnick ✓Sutton ✓graig n 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 Yays Nays ✓buol ✓ Connors 1 ✓Jones ✓'Lynch ✓Resnick "Sutton a 'Braig Final Reading and Adopt Yays Nays ✓Buol --"Connors *-Jones ✓'Lynch k."Resnick ✓5utton Lraig p) ) cs- r -icon pc.„ - aoo3 -nss,�s ��yrn5 - 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 Yays Nays L.'Buol 1 ✓Connors cg Jones r Lynch ' Resnick ,/Sutton ,---Braig Final Reading and Adopt Yays Nays -Akio! -Connors ✓Jones i -I ynch ✓Resnick -utton ts'Braig CeA 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 Yays ✓4uol Nays . tonnors 1 ✓Jones .-'Lynch ./Resnick ✓button 2 vtraig Final Reading and Adopt Yays Nays v'�uol ./tonnors 1 ✓Jones ./-Lynch .Pesnick , - Sutton a o' raig Pc-,- -CG- - t d 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 Yays Yays Nays Nays '-Buol ✓Buol ,, ✓Connors 1 iJones a lynch ..,Resnick .-Resnick -'Sutton mutton ‘ -Braig Craig REINSTATE THE RULES Yays Nays ✓Buol ,, °-'Connors 1 .-"Jones ../Lynch .-Resnick mutton Craig w �-, K. LA r\te, 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 Yays Nays ✓Buol 1 'Connors `,Jones ✓Lynch crResnick Sutton a ,., raig ,�1 v ; MQ k a c�c�r- 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 Yays Nays "Buol -Connors --'Jones /Synch ✓Resnick ✓button ✓Graig 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) Yays Nays ✓Buol ✓'Connors ,9 -Jones ✓lynch (--"Resnick 'Sutton ✓Graig 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 Yays Nays 1V uol vtuol ✓Connors 1 ,-,'Jones Connors ✓Lynch ✓tones Resnick ,,/ ✓Cynch ✓Sutton Braig ✓ Final Reading and Adopt Yays Nays vtuol 1 Connors ✓tones ✓Cynch Resnick i_— 'Sutton Haig c_x-v\-,..c•a_tok I c7 --c„,\ c- 4>r S Qc-j . ►5h ‘ 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 d+ SSSS Yays Nays t78 uol ("Connors t.dones Lynch L✓' Resnick — Sutton v Braig ✓ 44'1G GAGS s,c '(`gyp --k. oc c 4- a as L�� cam. V)� 3c 1t? r"C7 O L- G auto) abNr s a✓ ✓ Sty -vv, 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 Yays Nays ✓Buol r '--Connors Lones .�Cynch Resnick t...--- t.--Sutton —Sutton cl e.Baig COUNCIL MEMBER REPORTS 1 1 PUBLIC INPUT M®vel.-<)1 cin -k'ra. CLOSED SESSION P- ding Litigation and Property Acquisition to Chapter 21.5(1)(c), -(j) Code of Iowa Yays uol Jo es Lyn Resni Sutton Braig Nays ADJOURNMENT Yays Nays -'Buol i„Lonnors `4rOnes ---Lynch -Resnick L -Sutton 1 aig p.m.