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2 16 15 Clerk's Skeleton Notes and Meeting CallsCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:15 p.m. on February 16, 2015 in the Historic Federal Building, 350 W. 6t" Street. � J ,' ,'''. Present: Mayor 6uol; Council Members, B-raig Connors, .ones, LL4nch, Resnick, SuttonCity Manager Van Millen, City Attorney Lindahl Absent: 01 2 Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on tif;4 ea�® Ozt Adjournment: WORK SESSION Inclusive Dubuque Yays Nays Sutton fir° Buol ,1,,,,i; Resnick 1,, Lynch V / Braig Jones 07/7, l'av4 Atic-51-/A:A/14 /""/A/70* -a4digo,04 ;' r 0 �1 O4 -/id /0 t,4 4pet/ ervi /kitile971 *I/ z, f/Wide Z'n9 4 OM/ 9, PUr daY fl CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on February 16, 2015 in the Historic Federal Building, 350 W. 6th Street. ,Present: Mayor 'iuol; Council Members, Braig Cnors, h, Resnick, utton; City Manager Van 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 discussion such business that may properly come before the City Council.. PLEDGE OF ALLEGIANCE 2 CONSENT ITEMS Yays Nays Sutton '"{ Buol Resnick i/1/ Lynch 1 Connors yam. Braig Jones 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 12/16/14; City Council proceedings of February 2, 4, 5 and 10; Five Flags Civic Center Advisory Commission of 1/22; Investment Oversight Advisory Commission of 1/28; Library Board of Trustees of 12/18/14; Zoning Advisory Commission of 2/4; Proof of publication for City Council Proceedings of 1/20 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Steven Klein for vehicle damage; Carl Noel for property damage; Rick Willey for vehicle damage; Estal vs. City of Dubuque for personal injury 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: Steven Klein for vehicle damage; Carl Noel for property damage; Rick Willey for vehicle damage Suggested Disposition: Receive and File; Concur 4. Sustainable Dubuque Project Status Report City Manager transmitting the Quarterly Sustainable Dubuque Project Status Report for January 2015. Suggested Disposition: Receive and File 5. Quarterly Investment Report for December 31, 2014 City Manager transmitting the December 31, 2014 Quarterly Investment Report Suggested Disposition: Receive and File 3 Yays Nays Sutton Buol Resnick Lynch Connors Braig Jones 6. Dubuque Regional Airport - New Terminal Entrance Road Project Acceptance and RISE Grant Closure City Manager recommending acceptance of the construction contract for the Airport U.S. 61 and New Terminal Entrance Road Intersection Project as completed by Flynn Company and RISE grant closure. RESOLUTION NO. 40-15 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 NO. 41-15 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 NO. 42-15 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) 4 Yays Nays Sutton Buol Resnick Lynch Connors Braig Jones 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 NO. 43-15 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 NO. 44-15 Adopting Supplement No. 17 to the Code Of Ordinances of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Sutton Buol Resnick Lynch Connors Braig Jones 14. Alcohol and Tobacco License Renewals City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION NO. 45-15 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. 46-15 Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) 6 ITEMS SET FOR PUBLIC HEARING 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 NO. 47-15 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 Yays Nays Sutton Buol Resnick �/ Lynch /j' Connors Braig 1_, (''" Jones BOARDS/COMMISSIONS 1. Review of applications to the following Board/Commission 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. Yays Nays 2" Sutton Sutton Buol ' Resnick i,-- Lynch Resnick Connors L,-(21- Braig L- ` I Jones 4. Sister City RelationshippAdvisory 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 Yays Nays '{ Sutton Buol Resnick E.," Connors "° Braig ' Jones 8 SUSPEND THE RULES Yays Yays Nays �,✓'` Sutton Sutton Buol Buol Resnick Resnick 2, ----vi Lynch Lynch Connors Connors Braig Joires %% L/ Jones PUBLIC HEARINGS p14 aiYi4/4 0147 -27i61 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 NO. 09-15 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 Suspend the Readings Yays Nays 2 Sutton j,--- Buol Resnick ire Lynch '" Connors "j Joires %% ,S Final Reading and Adopt Yays Nays Sutton Buol Resnick ire Lynch Connors J s ,S L 9 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 NO. 10-15 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 Suspend the Readings Yays Nays Sutton a,--- , Buol Resnick °"'` Lynch I/ Connors L,---; rinufs ,;',p 5 Final Reading and Adopt Yays Nays Sutton Buol Resnick °"'` Lynch /,-- Connors L,---; rinufs ,;',p 5 L'l dor? yid , ��lo17 Ox - 10 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 AIIey Project Bid Set 6 - Year 1 Project and the City Manager recommending approval. RESOLUTION NO. 48-15 Approval of plans specifications, form of contract, and estimated cost for the SRF Green AIIey Bid Set 6 - Year 1 Project RESOLUTION NO. 49-15 with Respect to the adoption of the Resolution of Necessity proposed for the SRF Green AIIey Bid Set 6 - Year 1 Project RESOLUTION NO. 50-15 Approving Schedule of Assessments and estimated total cost for the SRF Green AIIey Bid Set 6 — Year 1 Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton ii' Buol V Resnick �. Lynch Connors Pn Braig Ur' Jones 007 11 4. SRF Green Alley Bid Set 3 - Year 2 f e 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 NO. 51-15 Approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set 3 - Year 2 Project RESOLUTION NO. 52-15 with Respect to the adoption of the Resolution of Necessity Proposed for the SRF Green AIIey Bid Set 3 - Year 2 Project RESOLUTION NO. 53-15 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) Yays Nays Sutton Buol Resnick Lynch Connors l--/ Braig Jones ei4,7/7 writ - 6 ••• el 0/07' rrixe 12 wed /oe /67A- deK;i 7/04-„,,K4:,?) 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 NO. 54-15 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) Yays { Nays V Sutton Buol ' Resnick L/ Lynch 2.,°f Connors t/'/ Braig Lam' Jones REINSTATE THE RULES Yays Nays Sutton Buol /' Resnick 2 / Lynch 2.,°f Connors Braig Lam' Jones 'l fiff ,P7//t/./ alervez) Ave, 'km 9M1 r, / J/:;/ / A< Idr fr 13 ACTION ITEMS 1. Request to Address the City Council - Mitch Quade"Cligd01 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; Qetrnci Yays Nays Sutton i/ Buol ":„:„Z Resnick Lynch Connors Braig / Jones /a44 lhow 1.1)h444 iex&V ze-/ iNweo,„/ "35/-5,m* Ni/9/- /444_ y/44i eoe/v4/ olie-riztee coild."0504 60007,e -- '1f/1/1 1/03-5 004,*7v whils/7 *gei4/' Paz& e e/#40)7,6 -/Y daAo, 14 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 Yays Nays ' Sutton Buol Resnick — Lynch - Connors Braig Jones /'0 714A) S/jrzelfsz- Ale/WO do/4 Avrnlieeei -10,7 4,4a mo (2,9 6/&74.1/2 atiy-A4, 15 5v 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 NO. 11-15 Amending Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations 10-5B-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 Suspend the Readings Yays,,. Nays 1r Sutton Sutton Buol Buol Resnick j°"" Lynch Connors Lynch t.�- ,fir.. Final Reading and Adopt Yays„. Nays Sutton 1 Buol Resnick j Lynch Connors Aorteshk fry 16 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 NO. 12-15 Amending City of Dubuqucle 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 Suspend the Readings Yays , Nays ), Sutton G,-°°"'" Buol L/ Resnick , LynchConnors Connors ) ,ani !A Final Reading and Adopt Yays Nays / Sutton G,-°°"'" Buol L Resnick Lam- Lynch Connors ' !A 17 fro 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 Yays Nays Sutton Buol Resnick 1 Lynch ' Connors iv/ Braig Jones A7/ Niz,,/447 teil 71-& (2) i*/*41P/b iliczeteolz/ed (//N 95-t7) ii,2g*z/* (A: doa /5%/6e. -AI/ / loeopael 711 g)1fr xeez4 a„te/m-1,-- 04,zi220/7- 7z vild'/4‘e4- 18 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 Yays Nays Sutton Buol Resnick of Lynch P Connors ,, Braig - Jones /111/17 19 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 Yays Nays Sutton Buol Resnick ' Lynch ,. Connors Braig i, "3-/ Jones 20 R74/ 9� tizz5 A74 414h &I/6 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. Yays Nays j/ Sutton Buol f _ Resnick Lynch Connors Z Braig Jones 21 G. CI CIL ERREPORTS *A01 iv 01P pep 00 d/e/i/g7 H. PUBLIC INPUT I) 33 im i•/147*i / /199i)1 -kW abili/n") 1/A4 / d 9 I //// 49�'2 7t 10,44/ Wid< */1 /b/kg 60 ow a mit ot /74 ,11 i; 5(ez gkel )2j�'- /Z4 /7P/ iloweic-lq/ I. CLOSED SESSION X.9 p.m. Pending Litigation and Property Acquisition to Chapter 21.5(1)(c), -(j) Code of 1 Yays Nays Sutton Buol / Resnick Lynch 1, - Connors , Braig Jones J. ADJOURNMENT rt Yays Nays Sutton Buol K Resnick Lynch Connors Braig Jones 22 /221 4f, Zoy TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, February 16, 2015 at 5:15 PM in the Historic Federal Building for the purpose of conducting a work session on Inclusive Dubuque. oy D. Buol, Mayor Consent Items: Pages n/a TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, February 16, 2015 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 D. Buol, Mayor Ato /2V / gITD___64)(t 44_4_62z_ (/)42/ii a, I /- "'Aft. Agald-7 --- 4 W7