Loading...
12 21 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 5:1,p.m. on December 21, 2015 in the Historic Federal Building, 350 W. 6th Street. resent: Mayor BUoI; Council Members Br‘ Con ors, Jones Ly Resnick Y g, Y , Sutton; City Manager Va 'Milligen, City Attorney Lindahl t: 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 Source of Income Update. ADJOURNMENT @ WORK SESSION SOURCE OF INCOME UPDATE Yays Nays Sutton Jones 7, °" Resnick Buol Braig f Connors Lynch lea? iM-3 24/ 42'? yzoi )4* ,;?,,kait4 3/*/' A7d/'- Ftp CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on December 21, 2015, in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members BCorfnors, Joies L ch, Re4nick, utton; City Manager Van Mil!igen, City Attorn Lindahl Ab 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 PRESENTATION(S) 1. Dubuque -Area Labor Management Council (DALMC) Awards DALMC Executive Director Kelly Cooper to present the 2015 awards for Great Job Honor Roll to Mike Feltes (Jule Transit) and the Labor -Management Partnership Award to Candace Eudaley-Loeboch (City of Dubuque/Jule Transit) and Kevin Saylor (Teamsters Local 120) 2 CONSENT ITEMS Yays Nays Sutton LV, Jones mi Resnick V- Buol Braig 47;;_,. Connors 4, / Lynch 1. Minutes and Reports Submitted City Council Proceedings of 12/7, 12/14; Civil Service Commission of 12/7; Library Board of Trustees of 10/22, Park and Recreation Commission of 11/10; Zoning Advisory Commission of 12/2; Proof of Publication of City Council Proceedings for 11/16; Proof of Publication for Delinquent Water, Sewer, Refuse & Stormwater Collection Accounts of 11/20, 11/27 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Duane Crippes for personal injury; Dean Donath for vehicle damage; Suit by Joe Zwack for historical significance jurisdiction 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: Duane Crippes for personal injury, Dean Donath for vehicle damage, Donna Moeller for personal injury Suggested Disposition: Receive and File; Concur 4. Compact of Mayors City Manager transmitting the December 2015 Compact of Mayors newsletter Climate Leadership at the Local Level: Global Impact of the Compact of Mayors. Suggested Disposition: Receive and File 3 Yays Nays Sutton Jones Resnick Buol Braig Connors Lynch 5. John F. Kennedy and Wacker Signal Replacement Project Acceptance City Manager recommending acceptance of the construction contract for the John F. Kennedy Road & Wacker Drive Traffic Signal Replacement Project as completed by Portzen Construction, Inc. RESOLUTION 425-15 Accepting the John F. Kennedy Road & Wacker Drive Traffic Signal Replacement Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Acceptance of John F. Kennedy PCC Panel Replacement Project between 32nd Street and NW Arterial City Manager recommending acceptance of the construction contract for the John F. Kennedy Road PCC Panel Replacement Project between 32nd Street and NW Arterial as completed by Eastern Iowa Excavating & Concrete. RESOLUTION 426-15 Accepting the John F. Kennedy Road PCC Panel Replacement Project between 32nd Street and NW Arterial and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Acceptance of Public Improvements - Sky Blue Estates Subdivision City Manager recommending acceptance of the public improvements that the developer; EKMLLC, has recently completed in Sky Blue Estates Subdivision. RESOLUTION 427-15 Accepting public improvements in the Sky Blue Estate Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Sutton Jones Resnick Buol Braig Connors Lynch 8. Novelty Iron Works - 4th Amendment to DA City Manager recommending approval of a 4th Amendment to the Novelty Iron Landlord LLC Development Agreement in order to modify the parking arrangement by deleting Section 3.1 in its entirety. RESOLUTION 428-15 Approving the 4th Amendment to the Development Agreement between the City of Dubuque, Iowa and Novelty Iron Landlord, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) 9. First Amendment to Development Agreement for 253 Main Street City Manager recommending approval of the First Amendment to Development Agreement with Kenneth Oberbroeckling for redevelopment of 253 Main Street to extend the completion date to March 1, 2016. RESOLUTION 429-15 Approving the First Amendment to the Development Agreement between the City of Dubuque, Iowa and Kenneth Oberbroeckling Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Restrictive Covenant for 2300 Jackson Street City Manager recommending approval of a Resolution attaching a Restrictive Covenant to the property at 2300 Jackson Street requiring owner -occupancy for a 21 -year period. RESOLUTION 430-15 Attaching a Single -Family, Owner -Occupied Residence Restrictive Covenant to 2300 Jackson Street, Dubuque, IA Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Sutton Jones Resnick Buol Braig Connors Lynch 11. Platting of City Property in Dubuque Industrial Center South City Manager recommending approval of the Plat of Survey for Lot 1 and 2 of Dubuque Industrial Center South Second Addition in the City of Dubuque in order to create two new Tots to be marketed for potential development. RESOLUTION 431-15 Approving Plat of Survey of Dubuque Industrial Center South Second Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Plat of Survey for Dotter Place No. 2 Zoning Advisory Commission recommending approval of the Plat of Survey for Dotter Place No. 2 subject to waiving the lot area for Lot 1. RESOLUTION 432-15 Approving the Plat of Survey for Dolter Place No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 13. Pre -Annexation Agreement - Oberbroeckling City Manager recommending approval of a Pre -Annexation Agreement with Richard A. Oberbroeckling and Ronald L. Oberbroeckling for property located adjacent to the City of Dubuque corporate city limits and as established by the City's Fringe Area Development Standards of the Unified Development Code. RESOLUTION 433-15 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Richard A. Oberbroeckling and Ronald L. Oberbroeckling Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Sutton Jones Resnick Buol Braig Connors Lynch 14. Pre -Annexation Agreement - City of Dubuque City Manager recommending approval of pre -annexation agreements and covenants for the City -owned well and lagoon parcels in the Twin Ridge Subdivision in Key West. RESOLUTION 434-15 Approving a Pre -Annexation Agreement by the City of Dubuque, Iowa (Lot 2, Lot B) RESOLUTION 435-15 Approving a Pre -Annexation Agreement by the City of Dubuque, Iowa (Lot 18) Suggested Disposition: Receive and File; Adopt Resolution(s) 15. PEG Capital Grant Expenditure Request City Manager recommending approval of the Cable TV Commission's request for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the City of Dubuque to install digital encoding equipment for each PEG channel on the Dubuque system. Suggested Disposition: Receive and File; Approve 16. Permits Plus Software Upgrade City Manager recommending replacement of Permits Plus software with the latest cloud -hosted web -based solution from Accela. Suggested Disposition: Receive and File; Approve 17. National League of Cities (NLC) Financial Inclusion Cohort Application City Manager transmitting the National League of Cities (NLC) Financial Inclusion Cohort application in partnership with Project HOPE. Suggested Disposition: Receive and File 7 Yays Nays Sutton Jones ' Resnick Buol Braig Connors Lynch 18. Water Infrastructure Resiliency Finance Center City Manager transmitting correspondence to the Iowa Department of Natural Resources regarding Dubuque volunteering to participate in the EPA -Funded Water Infrastructure Resiliency Finance Center pilot program. Suggested Disposition: Receive and File 19. City Assessor's Office - Notification of Property Tax Appeals Correspondence from City Assessor Rick Engelken advising the City of four property tax appeals before the Iowa Property Assessment Board. Suggested Disposition: Receive and File 20. Civil Service Commission Civil Service Commission submitting the re -certified list for the position of Firefighter. Suggested Disposition: Receive and File; Make Matter of Record 21. Improvement Contracts / Performance, Payment and Maintenance Bonds Connolly Construction, Inc., for the 2015 SCADA (Flow Metering Stations) Manhole Installation Project. Suggested Disposition: Receive and File; Approve 22. Signed Contracts Amendment #4 to the Recyclables Processing and Marketing Agreement between the Dubuque Metropolitan Area Solid Waste Agency (DMASWA), Dittmer Recycling and the City of Dubuque Suggested Disposition: Receive and File 8 Yays Nays Sutton Jones Resnick Buol Braig Connors Lynch 23. Alcohol License Applications City Manager recommending approval of annual beer, Liquor and wine licenses as submitted. RESOLUTION 436-15 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) 9 ITEMS SET FOR PUBLIC HEARING 1. SW Arterial Right of Way Property Acquisition City Manager recommending the City Council schedule a public hearing for January 19, 2016, on the intent to commence a public improvement project and to establish Just Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn, if required, for the Southwest Arterial Project. RESOLUTION 437-15 Setting a public hearing on the intent to commence a public improvement project for the Southwest Arterial Project and to acquire agricultural land for the Project and to establish just compensation valuation (fair market value) of necessary right-of-way property which the City intends to acquire or condemn if required for the Southwest Arterial Project Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 1/19/16 Yays Nays ter, Sutton Jones Resnick Buol 2 Braig y Connors Lynch 10 BOARDS/COMMISSIONS Application Review 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. 1. Electrical Code Board (Review) One, 3 -year term through May 21, 2017 (Vacant Electrical backgro n • term of Reiss Applicant: Zach Dowell, 2055 Winne Ct. Appointments made at this meeting. 2. Mechanical Board (Appointment) ' One, 3 -year term through Marchi 6, 2016 (Vacant term of Kelly). Applicant: Dan Hillary, 3087 Arbor Oaks Yays Nays L' Sutton 17'` / Jones .i."` Resnick �' Buol 1,e' / Braig ' • Connors '` Lynch 3. Mediacom Charitable Foundation (Appointment) Two, 1 -year terms through December 31, 2016 (Expired terms of Chavenelle and Twining) Applicants: 1. Gail Chavenelle, 1155 Kelly Lane; 2. Connie Twining, 421 N. Booth (additional Applicant) Yays Nays L' Sutton Jones Resnick �,. Buol 1,e' / Braig • Connors 7' Lynch 11 4. Transit Advisory Board (Appointment) One, 3 -year term through July 30, 2017 (Vacant term of Stedman). Applicants: 1. Joel Lightcap, 1985 Alta Vista St.; 2. Dora Serna, 2160 Marion St. 5. Zoning Board of Adjustment (Appointment) One, 5 -year term through March 25, 2020 (Expired term of Bird). Applicants: 1. Keith Ahlvin, 264 S, Grandview; 2. Eugene Bird, 3985 Mount Vail Ridge. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 2 males/2 females Lightcap Serna Sutton'' - Jones d,--"' Resnick i-,- Buol L,r' Braig Connors �.-- Lynch 71 5. Zoning Board of Adjustment (Appointment) One, 5 -year term through March 25, 2020 (Expired term of Bird). Applicants: 1. Keith Ahlvin, 264 S, Grandview; 2. Eugene Bird, 3985 Mount Vail Ridge. This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners total; currently 2 males/2 females 1' 12 Bird Ahlvin Sutton i......'" Jones t --- Resnick 1,--' Buol Braig Connors Lynch 1' 12 PUBLIC HEARINGS SUSPEND THE RULES Yays Yays Nays V Sutton Sutton V, Jones Jones Resnick Resnick Buol Buol ' Braig Braig Connors Connors a -j , Lynch Lynch 1. Historic Millwork District PUD Amendment - Northwest Corner of EIm and 11th Streets. Proof of publication on notice of public hearing to consider a request from JD & C, LLC to amend the Historic Millwork District Planned Unit Development for property located at the northwest corner of EIm & 11th Streets to accommodate an off-street parking lot and the Zoning Advisory Commission recommending approval. ORDINANCE 75-15 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinances 02-12, 38-13, and 10-15 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 development of a new parking lot at the northwest corner of 11th and EIm Streets Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Sutton Jones ` Resnick '',. Buol Braig ivraZ Connors ,,,r-" / Lynch *de ad 'fi Xiiat:f 7 Final Reading and Adopt Yays Nays Sutton Jones ` Resnick Buol Braig Connors / Lynch 13 2. Request to Rezone - 2222 Queen Street Proof of publication on notice of public hearing to consider a request by Cohen -Esrey Affordable Partners to rezone property located at 2222 Queen Street from R -2A Alternate Two -Family Residential District to OR Office Residential District and the Zoning Advisory Commission recommending approval. ORDINANCE 76-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2222 Queen Street from R -2A Alternate Two -Family Residential District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Nays Sutton Sutton Jones e•°' 177 Jones ,- Buol Resnick 4,7 Braig Buol Connors - Braig / Connors Lynch Final Reading and Adopt Yays Nays Sutton Jones 177 Resnick Buol 4,7 Braig 2.7.- / Connors - Lynch 1417 *41( 4/-44€ s®f O4 lamr /1w,/,7g7 14 3. General Obligation Bonds Series 2016BC - Essential Corporate Purpose Proof of publication on notice of public hearing to approve the suggested proceedings for the public hearing on the issuance of General Obligation Bonds Series 2016BC and the City Manager recommending approval. RESOLUTION 438-15 Instituting proceedings to take additional action for the issuance of not to exceed $15,555,000 General Obligation Bonds Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Jones Resnick Buol 17- Braig Connors Lynch I44 �Ifew o* (007,7e/ 120eie 1- ///4 .3198/6' /-4/# * , ,7 11;1?"k144 M44/17-, ifrtRae, 6 15 0 7,z,7 Yak/ MD/. 41/ /nizfr 11--xyA fr d 4. General Obligation Bonds Series 2016ABC - General Corporate Purpose Proof of publication on notice of public hearing to consider approval of the suggested proceedings for the public hearing on the issuance on the issuance of not to exceed $505,000 in Tax -Exempt General Obligation Bonds Series 2016ABC and the City Manager recommending approval. RESOLUTION 439-15 Instituting the proceedings to take additional action for the issuance of not to exceed $505,000 General Obligation Bonds Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Sutton ate" Jones Resnick Resnick Buol d✓Braig Buol t/ . /" Braig 1 Lynch Connors Lynch REINSTATE THE RULES Yays Nays Sutton Jones Resnick Buol d✓Braig t/ Connors e Lynch "of 7 16 ACTION ITEMS 1. Request to Address Council from the Alternative Learning Center Students Request from the students of the Alternative Learning Center to address the City Council regarding what they have learned this semester about Sustainable Dubuque. Suggested Disposition: Receive and File; Council Yays Nays 1,,, -Sutton Jones Resnick 1< Buol P Braig Connors Lynch 6//05 z)a- 7?-cr- yea Oki di*,t ///a1 *DO ,/a/6 d/e/A1- 1/11*"h )4114- tfri Gait 4 2. Name Change Proposal - Multicultural Family Center Building (Tabled from 9/21/15) Correspondence from the Multicultural Family Center Board President John Stewart supporting the renaming of 1157 Central Avenue to the "Ruby Sutton Building." City Manager submitting information on potential costs related to the proposed name change. Suggested Disposition: 1) Remove from Table; 2) Receive and File, Council Remove from Table Yays Nays Nays Sutton Sutton Jones V Jones k" Buol Resnick Braig Buol Connors rte j7 Braig is Connors ' Lynch Yays Nays Sutton Jones Resnick Buol Braig V Connors j7 Lynch 18 /11624,ffl 3. Human Rights Commission Recommendations on Criminal Justice Human Rights Commission submitting its recommendations on criminal justice. Suggested Disposition: Receive and File Yays 7 Nays 4"' Sutton l Jones Resnick Buol '6 Braig Connors Lynch 4/717 " /fthe ,e14,0'/ ///;01,a,/ 4/ �F2 ,449 45":""e2. 4/ e/Z afr eibkrA ' /47 ? 47./v Pel 4. Poison Free Parks Information and Call to Action City Manager recommending the formation of a City Work Group to draft an Integrated Pest Management Plan for the city to be presented to the City Council for approval by July 1, 2015. It is also recommended that the Park and Recreation Commission as well as the Environmental Stewardship Advisory Commission appoint one representative each to the work group. Suggested Disposition: Receive and File; Approve y,4,1Zin /71i" lit414 Yays Nays Sutton Jones Resnick / Buol Braig ,, Connors Lynch yz di/6 ,c/e A/Ay/4' --449;eze, F 6 a .' Pi% iti/on zgel- 20 Z._67 5. Donation Requests and Bench Agreements for 2 New Benches on Riverwalk City Manager transmitting two agreements for approval by the City Council for two new memorial benches on the Riverwalk. Suggested Disposition: Receive and File; Approve Yays Nays 0 Sutton Jones Resnick Buol Braig Connors Lynch 21 ./Pitz gig," A na/��i�*/ 6. Bee Branch Creek Restoration Project Property Acquisition - 2496 Washington Street City Manager recommending the City Council establish the fair market value of the property owned by Morrison Brothers on Washington Street between E. 24th Street and E. 25th Street, authorize the City Manager to begin negotiations to acquire the property required for the Bee Branch Creek Restoration Project, and approve authorization to acquire the property through eminent domain proceedings should negotiations fail. RESOLUTION 440-15 Establishing the fair market value and authorizing the acquisition by Eminent Domain of Certain Real Property owned by Morrison Brothers in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Jones v Resnick Buol Braig Connors Lynch 22 7. J. Thomas Zaber vs. City of Dubuque - Franchise Fees Litigation City Manager recommending that the Mayor and City Council designate any remaining funds following distribution from the Settlement Fund from J. Thomas Zaber vs. City of Dubuque franchise fee litigation be used to reduce the principal of the Judgment Bond. RESOLUTION 441-15 Providing that any unclaimed funds in the escrow account from the Franchise Fee Class Action Settlement in Zaber V. City of Dubuque be used for payment of the Judgment Bond Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Sutton Jones Resnick a/ Buol Braig ,v2 Connors Lynch 5T23 23 8. Wisconsin Independent Network, LLC (WIN) Co -location and Shared Services Agreement City Manager recommending approval of a Co -Location and Shared Services Agreement between the City of Dubuque and Wisconsin Independent Network, LLC. Suggested Disposition: Receive and File; Approve Yays Nays Sutton Jones ii, Resnick Buol / Braig ;frigp2 Connors Lynch 24 9. Request for Work Session - Dubuque Area Convention and Visitors Bureau City Manager requesting approval to schedule a work session on February 15, 2016, at 5:15 p.m. with the Dubuque Area Convention and Visitors Bureau. Suggested Disposition: Receive and File; Council Yays Nays / Sutton Jones Resnick Buol Braig c% r. Connors , Lynch 25 COUNCIL MEMBER REPORTS 24 AA' PUBLIC INPUT id40,?7,4v-,_ LOSED SESSION @ )2e,' /"4/ 150140 4€1,/, 5 ha 61, /00 77))04," fJ ✓ . p.m. ding Litigation and Propertcquisition — Chapter 21.5(1)(c), -(j) Code of Iowa Yays „Kaays "\Sutton / J es/ Res, k B of /Braig Braig Connors Lynch ADJOURNMENT @ Yays,, Nays /' Sutton Jones Resnick Buol Braig Connors Lynch p.m. 26 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, December 21, 2015 at 5:15 PM in the Historic Federal Building for the purpose of conducting a work session on the Source of Income Update. 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, December 21, 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 1-4 oy D. Buol, Mayor 1