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2 16 15 City Council Agenda ROLL CALL ORDER FOR MEETING OF February 16, 2015 Sutbone Bull, Resnick, Lynch, Connors, Bralg, Jones CITY OF DUBUQUE, IOWA `4V OFO4 CITY COUNCIL MEETING Historic Federal Building m 1 C 350 W. 6th Street �''.. February 16,2015 3 � Council meemngs are video streamed live and archived atmoomecltyoftlubuqueorg/metlla and on Dubuque's CltyCbannel on the Metllacom cable system at Channel (analog) and 85.2 (tligitap. SPECIAL SESSION 1. 5:15 PM-WORK SESSION - Inclusive Dubuque Changed RE GU AR SESSION 6:30 PM PLEDGE OF ALLEGIANCE CONSENT ITEMS The consent agenda Items are considered to be Future and non controversial 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 Submitted Acts and Cultural Affairs Advisory Com misslon of 12216/14, City Council proceed has of February 2, 4, 5 and io', Five Flags Civic Center A Wlsaw Commisslon of 1/22', Investment Oversight Advisory Com misslon of 1/28', Library Board of Trustees of 12218/14', Zoning Advisory Commission of 2/4', Proof of publication for City Council Proceedings of 1/20 S uggestetl Disposition: Receive and File 2. Novato M Claims and Suits Steven Klein for vehicle damage; Cad Noel for property damage; Rick Willey torvehicle damage Well vs. City of Dubuque for personal Injury Suggested Disposition: Receive and File; Roberto City Attorney 3. Disposition of Claims City AMmei advising that the following claims have been referred to Public Entity Risk Services of Iowa,the agent for the Iowa Communities Assurance Pool. Steven Klein far vehicle damage; Cad Noel for property damage; Rick Willey for vehicle damage Suggested Disposition: Receive antl File; Concur 4. Sustvnable Dubuque Project Status Report City Manager trans Timing tine Ouartetly Sustainable Dubuque Project Status ReportforJanuary 2615. Suggested Disposition: Receive antl File B. Quarterly Investment Reportfor December31, 9114 City Manager trans Timing tine December3l , 2614 Ouartetly Investment Report Suggested Disposition: Receive antl File 6. Dubuque Regional Airport- New Terminal Entrance Roatl Project Acceptance and RISE Grant Closure City Manager recommending acceptance of the construction contractforthe Airport U 5. 61 and New Terminal Entrance Road Intersection Pmjectas completed by Flynn Company and RISE grant closure. RESOLUTION Accepting the U.S. 61 and New Terminal Entrance Intersection Project and closure of the Revitalize Iowa's Sound Economy (RISE) Grant Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Irrevocable License -1000 Main Street City Manager recommending approval of an Irrevocable License at 1000 Main Street with 1840 LLC to keep an existing encroachment adjacent to the building in the public right-of-way on E. 10th Street. Suggested Disposition: Receive and File; Approve 8. Purchase of Land for Right-of-Way -767 University Avenue City Manager recommending approval of the purchase of an abutting sliver for 767 University Avenue from Anna Elliott. RESOLUTION Approving the acquisition of land owned by Anna Elliott at 767 University, Abutting Silver in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Property Acquisition -2300 Jackson Street City Manager recommending approval to purchase a house located at 2300 Jackson Street from the Dolores A. Walbrun Estate for rehabilitation and resale. RESOLUTION Approving the acquisition of real estate owned by the Dolores A. Walbrun Estate at 2300 Jackson Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Preliminary Plat - Derby Grange Acres Zoning Advisory Commission recommend approval of the Preliminary Plat for Derby Grange Acres subject to waiving lot frontage for Lot 6 and street width requirements for Country View Drive and Country View Court. Suggested Disposition: Receive and File; Approve 11. Dubuque Board of Realtors Agreement City Manager recommending approval of a three year agreement with the City of Dubuque's Housing & Community Development Department and the Dubuque Board of Realtors for the listing of City-owned properties. Suggested Disposition: Receive and File; Approve 12. Census Boundary Map Adjustment -Joint Resolution with the City of Asbury City Manager recommending approval of a resolution that affirms a joint agreement with the City of Asbury that seeks to correct and resolve discrepancies between the U.S. Census Bureau's boundary maps and the actual corporate limits of Asbury and Dubuque, and requesting the U.S. Census Bureau to adjust the boundary and annexation survey maps. RESOLUTION Joint Agreement to adjust U.S. Census Bureau boundary and annexation survey (BAS) maps along a shared boundary of the City of Dubuque, Iowa and the City of Asbury, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Code of Ordinances -Adoption of Supplement No. 17 City Clerk recommending adoption of Supplement No. 17 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 55-14, 56-14, 57-14, 59-14, 60-14, 64-14, 65-14 and 66-14 as adopted by the City Council through December 31, 2014. RESOLUTION Adopting Supplement No. 17 to the Code Of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 14. Alcohol and Tobacco License Renewals City Manager recommending approval of annual liquor, beer, wine and tobacco license applications 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 RESOLUTION 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 These agenda items are being scheduled for a future public hearing on the date indicated. 1. Sale of City-Owned Property- 1318 Jackson Street City Manager recommending setting a public hearing for March 2, 2015, for the purpose of disposing of City-owned real estate at 1318 Jackson Street to Alison Levasseur and Shane Lenane. RESOLUTION of Intention to dispose of City-owned property, specifically, north half o Lot 56 in East Dubuque an Addition to the City of Dubuque, Iowa, according to the recorded plat thereof- 1318 Jackson Street Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 3/2/15 BOARDS/COMMISSIONS 1. Review of applications to the following Board/Commission Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeting. Investment Oversight Advisory Commission One, 3 year term through July 1, 2015 (Vacant term of Runde) Applicant: Rachael Ferraro, 2538 Jackson St. 2. Appointments to the following commissions to be made at this meeting. Community Development Advisory Commission One, 3 year term through February 15, 2018 (Expired term of Wainwright) Applicant: Thomas Wainwright, 1788 Lori St. Sister City Relationship Advisory Commission Three, 3 Year terms through February 1, 2018 (Expired terms of Jochum, Lee and McNamara) Applicants: Jeffrey Jochum, 3750 Aerostar Dr. Phyllis Lee, 520 South Grandview Ave. Patrick McNamara, 381 Moore Heights 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. Request to Rezone - 1100 Carmel Drive Proof of publication on notice of public hearing to consider approval of a request by the Sisters of Charity BVM / Lakota Group to rezone property located at 1100 Carmel Drive from R-1 Single-Family Residential to PUD Planned Unit Development, and the Zoning Advisory Commission recommending approval subject to listing seminary and museum as conditional uses. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by Reclassifying Hereinafter Described Property Located at 1100 Carmel Drive From R-1 Single-Family Residential to PUD Planned Unit Development with a PR Planned Residential Designation Suggested Disposition: Receive and File; Motion B; Motion A 2. Request to Rezone -221 & 250 East 8th Street and 300 East 9th Street Proof of publication on notice of public hearing to consider approval of a request from the City of Dubuque to rezone property located at 221 & 250 East 8th Street and 300 East 9th Street from HI Heavy Industrial to Planned Unit Development with a PC Planned Commercial description; and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16, The Unified Development Code of the City of Dubuque Code of Ordinances by Amending Ordinance 02-12 Which Established Regulations for a PUD Planned Unit Development District with a Planned Commercial Designation for the Historic Millwork District PUD and now Being Amended to Allow for the Inclusion of 221 & 250 E. 8th Street and 300 E. 9th Street Suggested Disposition: Receive and File; Motion B; Motion A, Super Majority Required 3. SRF Green Alley Bid Set 6 -Year 1 Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the SRF Green Alley Project Bid Set 6 -Year 1 Project and the City Manager recommending approval. RESOLUTION Approval of plans specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set 6 -Year 1 Project RESOLUTION with Respect to the adoption of the Resolution of Necessity proposed for the SRF Green Alley Bid Set 6 -Year 1 Project RESOLUTION Approving Schedule of Assessments and estimated total cost for the SRF Green Alley Bid Set 6 -Year 1 Project Suggested Disposition: Receive and File; Adopt Resolution(s) 4. SRF Green Alley Bid Set 3 -Year 2 Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 3 -Year 2 Project and the City Manager Recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set 3 -Year 2 Project RESOLUTION with Respect to the adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set 3 -Year 2 Project RESOLUTION Approving Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 3 -Year 2 Project Suggested Disposition: Receive and File; Adopt Resolution(s) 5. 2015 Asbury Road Pavement Rehabilitation Project Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the 2015 Asbury Road Pavement Rehabilitation Project and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the 2015 Asbury Road Pavement Rehabilitation project 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. Request to Address the City Council - Mitch Quade Correspondence from Mitch Quade requesting to address the City Council regarding a waiver of a pre-annexation agreement related a farm on Swiss Valley Road. Suggested Disposition: Receive and File; Council 2. Port of Dubuque Marina Report 2014 City Manager transmitting the Port of Dubuque Marina Annual Report for 2014. Staff will make a short presentation. Suggested Disposition: Receive and File; Presentation 3. Code of Ordinances Amendment Title 10 -Sledding in Parks City Manager recommending approval of an Ordinance amendment to add designated areas at Falk and Hillcrest Parks for sledding. ORDINANCE Amending Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations 10-513-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or Tobogganing Except in Certain Designated Areas in Certain City Parks Adding Additional Parks Where Sledding and Other Snow Activities are Permitted Suggested Disposition: Receive and File; Motion B; Motion A 4. Code of Ordinances Amendment Chapter 8 -Street Tree & Landscaping of Public Right-of-Way City Manager recommending approval of the revised Street Tree and Landscaping on Public Right-of-Way Policy and an amendment to Section 6-8-1: Trees and Landscaping. ORDINANCE Amending City of Dubuque code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 8 Trees and Weeds, Section 6-8-1 Trees and Landscaping by adding Non-Woody Vegetation and Other Landscaping to the City Manager's authority for the Street tree and Landscaping on Public Right of Way Policy Suggested Disposition: Receive and File; Motion B; Motion A 5. Fiscal Year 2015 Budget Correction City Manager submitting a list of Fiscal Year 2015 Capital Improvement Projects selected for possible elimination, substitution and/or later reconsideration through the Fiscal Year 2017 budget process. Suggested Disposition: Receive and File 6. Arts Master Plan Consultant Services Recommendation City Manager recommending approval of the selection of Lord Cultural Resources to facilitate the development of an Arts and Culture Master Plan. Suggested Disposition: Receive and File; Approve 7. Dubuque Racing Association -6th Amendment to Lease Agreement City Manager recommending approval an amendment to the lease agreement with the Dubuque Racing Association that requires a City of Dubuque Police Officer or County Sheriff to be present during all hours of operations at Mystique Casino. Suggested Disposition: Receive and File; Approve 8. Five Flags Civic Center Advisory Commission Membership Communication from the Five Flags Civic Center Advisory Commission recommending dismissal of a commissioner for lack of attendance and to declare the position vacant. Suggested Disposition: Receive and File; Motion to Declare the Position Vacant. 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 and Property Acquisition to Chapter 21.5(1)(c), -Q)Code of Iowa ADJOURNMENT