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3 16 15 Assistant City Clerk's Skeleton Notes and Meeting CallTO: TRISH L. GLEASON, ASSISTANT CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, MARCH 16, 2015, AT 6:30 PM, IN THE HISTORIC FEDERAL BUILDING TO ACT UPON SUCH BUSINESS THAT MAY PROPERLY COME BEFORE THE COUNCIL. /� � ROY D. BIZL, MAYOR CONSENT ITEMS: PAGES 1- CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on March 16, 2015 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 Lindahl 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 B. PROCLAMATION(S) fNcNN��® 1. National Arts Advocacy Day (March 23, 2015) Tiffany Fluhr, Board of Directors Member Dubuque Arts Council 2728 Asbury Road Suite 220 Dubuque, IA 52001 2. Junior Achievement Day (April 2, 2015) Nelson Klavitter, JA of the Heartland Board Member for the Tri-State Area, 865 Kirkwood Dr, Dubuque Aec..'Stephanie Ludovissy, JA of the Heartland Development Director for the Tri-State Area, 900 Jackson St, LL5-2F, Dubuque 3. Autism Awareness Month (April 2015) A,Marilyn Althoff, Executive Director of Hills & Dales s©^. c:.. -o 1 bpi I DI CONSENT ITEMS Yays Nays ✓Buol ✓Resnick ✓Sutton t."Connors "Jones v''Braig lynch 1. Minutes and Reports Submitted Cable TV Commission of 3/6; Civil Service Commission of 3/6; Human Rights of 2/9; Zoning Advisory Commission of 3/4; Zoning Board of Adjustments for 2/6; Proof of Publication for City Council Proceedings of 2/10, 2/16, 2/23; Suggested Disposition: Receive and File 2. Notice of Claims and Suits Dale Bries for property damage; Harry Gassman for property damage; Joel Laaker 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: Dale Bries for property damage; Harry Gassman for vehicle damage; Joel Laaker for property damage; Barbara Soley for property damage Suggested Disposition: Receive and File; Concur 4. EPA Education Grant - Air Quality Sustainable Community Coordinator Cori Burbach is transmitting information on the University of Iowa's application for the EPA Environmental Education program. Suggested Disposition: Receive and File 5. Civil Service Commission Civil Service Commission submitting the certified list for the position Parking System Technician. Suggested Disposition: Receive and File 6. PEG Capital Expenditure Request City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $16,400 for Loras College for a slow-motion replay system and portable video recorder. Suggested Disposition: Receive and File.; Approve 7. City Council 2014 Official Proceedings City Clerk submitting the Official City Council Proceedings for 2014 Suggested Disposition: Receive and File; Approve 8. Green Industrial Supply, Inc. - Amending State Contract City Manager recommending approval of an amendment to a contract with the Iowa Economic Development Authority for Iowa Values Funds Financial Assistance benefits on behalf of Green Industrial Supply, Inc. RESOLUTION NO. 78-15 Approving an Amendment to the Economic Development Financial Assistance Contract by and among Green Industrial Supply, Inc., the City of Dubuque, and the Iowa Department of Economic Development Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Collective Bargaining Agreement Dubuque Professional Firefighters City Manager recommending approval of a two year Collective Bargaining Agreement with the Dubuque Professional Firefighters Association, Local #353. RESOLUTION NO. 79-15 Approving the agreement between the City of Dubuque, Iowa, and Dubuque Professional Firefighters Association, Local #353 and Authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Environmental Sanitarian Position City Manager recommending approval to eliminate the position of Environmental Sanitarian Assistant and create an additional Environmental Sanitarian position, which will be compensated at GE -32. Suggested Disposition: Receive and File; Approve 11. Sanitary and Storm Sewer Easement from Nemmers Cedar Ridge Farm Acceptance City Manager recommending acceptance of a sanitary and storm sewer easement from Nemmers Cedar Ridge Farm Limited Partnership for proposed public sanitary and storm sewers across part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7 in the City of Dubuque. RESOLUTION NO. 80-15 Accepting A Grant of Easement for sanitary and storm sewer through, over and across part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Southwest Arterial Project - English Mill Reconstruction Black Hills Energy Gas Pipeline Relocation Reimbursement Agreement City Manager recommending approval and authorization for the Mayor to execute a Utility Relocation Reimbursement Agreement with Black Hills Energy Corporation for the relocation of the high pressure natural gas main impacted by the English Mill Road Reconstruction Project, as part of the Southwest Arterial Project. RESOLUTION NO. 81-15 Approving a Utility Relocation Reimbursement Agreement with Black Hills Energy Corporation for the relocation of the Peosta Feed High Pressure Natural Gas Main associated with the English Mill Road Reconstruction Project and the continued development and advancement of the southwest arterial project Suggested Disposition: Receive and File; Adopt Resolution(s) 13. 346-348 W Locust - 1st Amendment to the Development Agreement City Manager recommending approval of the 1st Amendment to Development Agreement that extends the completion date to December 31, 2015. RESOLUTION NO. 82-15 Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC. Suggested Disposition: Receive and File; Adopt Resolution(s) 14. 324-326 W Locust - 1st Amendment to Development Agreement City Manager recommending approval of the 1st Amendment to Development Agreement that extends the completion date to June 30, 2015. RESOLUTION NO. 83-15 Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC. Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Pre -Annexation Agreement - Joseph M. And Deborah L. Vize City Manager recommending approval of a Pre -Annexation Agreement with Joseph M. and Deborah L. Vize, property owners, in conjunction with a request for approval of the Final Plat of Vize Place in Dubuque County. RESOLUTION NO. 84-15 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Joseph M. and Deborah L. Vize Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Final Plat for Vize Place Zoning Advisory Commission recommending approval of the Final Plat for Vize Place subject to waiving the lot frontage requirement for lot 4. RESOLUTION NO. 85-15 Approving the Final Plat of Vize Place in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Fiscal Year 15 Cured -in -Place -Pipe (CIPP) Lining Project Acceptance City Manager recommending acceptance of the construction contract for the FY15 Sanitary Sewer Cured -in -Place -Pipe (CIPP) Lining Project, as completed by Visu-Sewer Clean & Seal. RESOLUTION NO. 86.15 Accepting the FY15 Sanitary Sewer Cured -In -Place Pipe Lining Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 18. Snow Removal Assessment -1495 Glen Oak Street 2014-2015 City Manager recommending approval of the Final Assessment for one property at 1495 Glen Oak Street for the 2014-2015 Snow Removal from City Right -of -Way Program. RESOLUTION NO. 87-15 Adopting the Final Assessment Schedule for the 2014-2015 Snow Removal Assessment — Right -Of -Way Obstruction Removal Assessment Project for 1495 Glen Oak Street Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION NO. 88-15 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 Suggested Disposition: Receive and File; Adopt Resolution(s) ITEMS SET FOR PUBLIC HEARING 1. 253 Main St. - Development Agreement 2. 1576 Locust - Development Agreement 3.Fiscal Year 2015 Second Budget Amendment 4. Vacate Access, Utility and Storm Water Drainage Easement Lot C Reche's Subdivision - University of Dubuque Physician's Assistant Building Addition Yays Nays ✓Buol ✓Resnick ✓Sutton ✓Connors ✓Jones ✓Graig 'c,1 VLynch 1.253 Main St. - Development Agreement City Manager recommending City Council set a public hearing for April 6, 2015, on the Development Agreement with Ken Oberbroeckling to redevelop property at 253 Main Street. RESOLUTION NO. 89-15 Fixing the date for a Public Hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the Execution of a Development Agreement relating thereto with Ken Oberbroeckling, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 6, 2015 2. 1576 Locust - Development Agreement City Manager recommending the City Council set a public hearing for April 6, 2015, on the Development Agreement with Weaver Castle LLC for redevelopment of 1576 Locust Street. RESOLUTION NO. 90-15 Fixing the date for Public Hearing of the City Council of the City of Dubuque, Iowa on the execution of a Development Agreement relating thereto with Weaver Castle, LLC and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 6, 2015 3.Fiscal Year 2015 Second Budget Amendment City Manager recommending the second Fiscal Year 2015 Budget Amendment be set for public hearing for April 6, 2015. RESOLUTION NO. 91-15 Setting the date for the public hearing on Amendment No. 2 to Fiscal Year 2015 budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 6, 2015 4. Vacate Access, Utility and Storm Water Drainage Easement Lot C Reche's Subdivision - University of Dubuque Physician's Assistant Building Addition City Manager recommending that a public hearing be set for April 6, 2015, on the disposal of the City's interest in the subject property. RESOLUTION NO. 92-15 Of Intent to Vacate and Dispose of City Interest in an access, utility, and storm water drainage easement over and across Lot C of Reche's Subdivision in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for April 6, 2015 BOARDS/COMMISSIONS 1. Review of Board and Commission Applications Environmental Stewardship Advisory Commission One, 3 Year term through October 1, 2017 (Vacant term of Splittstoeser) Applicant: Jalee Lynn Frommelt, 2540 Anamosa Dr. Housing Code Appeals Board One, 3 Year term through January 11 1, 2016 (Vacant term of Kinsella) Applicant: Ronald White, 3197 Highland Park Dr. 2. Appointments to Boards and Commissions MAYOR APPOINTMENT Library Board of Trustees One, 4 Year term through July 1, 2016 (Vacant term of Anderson -Bricker) Applicants: -' Angela Allred, 1465 Parkway St. (Additional Applicant) Tom Hamilton, 982 Center PI., Pat Maddux, 1685 Fox Dr., Christina Monk, 2005 N. Main St. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 3 males/3 female Yays Nays %,/guol `-'(esnick .---Sutton ..Connors ✓Jones ,,Graig ./L,ynch Mechanical Code Board Two, 3 year terms through March 16, 2018 (Expiring terms of Grothe and Valaskey) Applicants: David Grothe, 2544 Elm (additional Applicant), Corey Valaskey, 1385 Alta Vista Yays Nays ✓Buol t/Resnick utton (Connors "Jones ✓Br ig L,Lynch PUBLIC HEARINGS SUSPEND THE RULES Yays Nays ✓Buol ,s -Resnick (Sutton ‘,''Connors .,'Jones ✓Braig c� ✓^Lynch 1. Request to Rezone -1550 Clarke Drive Proof of publication on notice of public hearing to consider a request by Clarke University/Daisy Halorson to rezone property at 1550 Clarke Drive to amend the Institutional District to allow new outdoor lighting and expansion of outdoor athletic facilities and the Zoning Advisory Commission recommending approval, with conditions that a direct sidewalk connection be extended from the 179 -space parking lot to both athletic fields. ORDINANCE NO. 21-15 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 Clarke University ID Institutional District to allow expansion of recreation fields an installation of new lights north of the Student Activity Center Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays ✓BuoI Resnick 0�rc,°,,v S -G', 1 ✓Sutton ✓Connors cl :/°Jones 1 ✓'Braig tBraig ,/Lynch Final Reading and Adopt Yays Nays v'Buol Resnick 1 S -G', 1 t/Sutton vConnors ✓J'ones tBraig ,.,xynch CANcit-in\-'z:�r,Sc�� c�c 451c-5 S"' pea- e -e 'r cx d S ca( PG -r; -�r- %fit r',SL-vn raA c+a o�S c'c-1/4.1 - mac ;1 C r r°v4 b�1�.w�-acv C,i► S C. -Lt SS; b \ +` cA &\4 r- 9G c±i cd% 2. Request to Rezone - 2750 Balboa Drive Proof of publication on notice of public hearing to consider a request by Mary's Inn to rezone the property at 2750 Balboa Drive to rezone property from R-1 Single -Family Residential district to R-3 Moderate Density Multi -Family Residential district and the Zoning Advisory Commission recommending approval, with the condition that the list of permitted uses be limited to a single- family home. ORDINANCE NO. 22-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2750 Balboa Drive from R-1 Single -Family Residential District to R-3 Moderate Density Multi -Family Residential District With Conditions as established in the attached Memorandum Of Agreement. Suggested Disposition: Receive and File; Motion B; Motion A u R PASS Suspend the Readings Yays Nays v'euol t. 'Resnick G 'Sutton ,.,'Connors "'Connors ✓'"Jones ✓Jones ,--Braig ,.A Xynch REINSTATE THE RULES Yays Nays ✓Buol c.,Resnick ,/Sutton ,,/Connors ✓Jones Braig (-Lynch 1 Final Reading and Adopt Yays Nays •,'Suol '1Resnick Dutton ,.,'Connors ✓Jones tAraig ,.A ynch 1 - SAT -CC ret--pr--ec•SoCS 4-1 � +c�c�'S QLN c'Nr \s -$ - c-00 tom`. kc` . c-u°oma 21codlbc��, 1--- So. , 1 P x-135 eC.,1 )(j=•4.. Ga -C' �ca. '?a 53 C3C 4Z)O v H G � i31 ct�cy _��-,1 `�- Ri_t\N\ ACTION ITEMS 1. Code of Ordinances Amendment - Title 6 Housing Code Appeals Board City Manager recommending approval of an ordinance which creates a new Title 6, Chapter 6, Section 6-6-8 which establishes the Housing Code Appeals Board and provides for the powers, operation, membership, and meetings, and reduces membership from seven residents to five residents. ORDINANCE NO. 23-15 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 6 Housing Regulations by Repealing Section 6- 6-8 Housing Code Appeals Board and Adopting A New Section 6-6-8 Housing Code Appeals Board in Lieu Thereof Establishing the Housing Code Appeals Board, Providing for the Powers, Operation, Membership, and Meetings, and Reducing Membership From Seven (7) Residents To Five (5) Residents Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays ✓" Buol ✓Resnick , utton -'Connors 1 Jones 'Braig a Jynch Final Reading and Adopt Yays Nays - uol L-'kesnick "--'Sutton "Connors 1 ones raig Lynch 2. Rental Property Management Program City Manager recommending approval of an Ordinance which updates the name of the program. ORDINANCE NO. 24-15 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 6 Housing Regulations, Section 6-6-7 Licenses and Inspections by changing the program name from Crime Free Multi -Housing to Successful Rental Property Management Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays ✓'��uol Resnick Nays -Sutton —/Connors "Jones 1 fBraig Aynch Final Reading and Adopt Yays Nays /Buol Resnick :'Sutton --''Connors ones \ rig ynch 3. 2015 Asbury Road Rehabilitation Project Award City Manager recommending award of the construction contract to the low bidder, Iowa Erosion Control, Inc. RESOLUTION NO. 93-15 Awarding Public Improvement Contract for the 2015 Asbury RoadPavement Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ✓�uol Resnick _-Sutton -lConnors ones aig ynch 4. Novelty Iron Works - 3rd Amendment to Development Agreement City Manager recommending approval of a Third Amendment to the Novelty Iron Works Development Agreement. RESOLUTION NO. 94-15 Approving the Third Amendment to the Development Agreement between the City of Dubuque, Iowa and Novelty Iron Landlord, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Yays ✓�Buol Nays ✓Resnick f�Sutton Connors Jones ✓Graig ✓Lynch 5. Art on the River - Arts and Cultural Affairs Advisory Commission Recommendation The Arts and Cultural Affairs Advisory Commission is recommending that the City Council concur with the 2015 Art on the River jury selections and recommendations for outdoor sculpture at the Port of Dubuque. Suggested Disposition: Receive and File; Concur Yays Nays ✓3uol Vesnick �tton onnors -'Jones B,,,rai9 1 -lynch H. COUNCIL MEMBER REPORTS aolmv.ocs — v Liok_AA. C -a-sk+ \4€1- r~, ss,► -c e,t celc,55 r:\ cyc C: \- r L\ ��,ce Z� - Cv 9 r- e1 cs.„ r-' I. PUBLIC INPUT ..� t` uet-S+" t C>t ,,s- v �, J. CLO SESSION Pending Litig: ;.n and Property Acquisition- Chapter 21.5(1)(c), -UI Code of Iowa K. ADJOURNMENT 1 -c"9 Yays Nays ✓Buol esnick ./Sutton Connors „Jones �,Braig c .L -finch pm