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12 15 14 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL 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 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 PROCLAMATION(S) U.S. Senator Tom Harkin Proclamation was presented and read by the Mayor. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: Cable TV Commission Minutes 11/5; Civil Service Minutes 11/25; 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. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Rose Ann Koerperich for personal injury; Janaan and Mary Redmond for property damage; Ethel Schneider for property damage. Upon motion the doc- uments were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been re- ferred 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; Eth- el Schneider for property damage; Jordan Stackis for vehicle damage; University of Dubuque for property damage. Upon motion the documents were received, filed and concurred. 4. Total Administrative Services Corporation (TASC) Fee Renewal: City Manager recom- mending approval of the administrative services fee of Total Administrative Services Corpora- tion (TASC), the City's flexible spending plan administrator. Upon motion the documents were received, filed and approved. 1 5. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Records Clerk. Upon motion the documents were received, filed and made a Mat- ter of Record. November 12, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Records Clerk was administered on October 28, 2014. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Records Clerk 1. Alexander Bauman 14. Thomas Glab 27. Lisa Reisen 2. Stacey Ostrander 15. Kathryn Heitz 28. Juanita Soppe 3. Elizabeth Weber 16. Dianne Schaufenbuel 29. Rifat Sufi 4. Danielle Beck 17. Susan Asche 30. Jean Welch 5. Juliann Roth 18. Matthew Hantelmann 31. Jennifer Welsh 6. Susan Voss 19. Jean Pfeiler 32. Jodie Ball 7. Kelly Eitter 20. Samantha Schueller 33. Russell Bleymeyer 8. Kathy Koecke 21. Jennifer Snyder 34 .Gina Hodgson 9. Susan Leute 22 .Valerie Allen 35. Lynda Jelinek 10. Shirley Hale 23. Wenda Beadle 36. Lisa Jogerst 11. Felicia Mateer 24. Trevor Blum 37. Justin Licht 12. Julie Banigan 25. Sandra Hahn 38. Julie Roling 13. Sherry Driscoll 26. Jodie Julson 39. Andrea Stoner 40. Dawn Swift Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 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 As- sessments for the SRF Green Alley - Bid Set 4 Year - 1 Project, as completed by Drew Cook and Sons Excavating. Upon motion the documents were received and filed and 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 and Resolution No. 379-14A Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 4 Year 1 were adopt- ed. RESOLUTION NO. 379-14 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 4 YEAR 1 AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 4 Year 1 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 2 Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the SRF Green Alley Project fund for the contract amount of $142,854.82 less any retained percent- age provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 15th day of December, 2014. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN AL- LEY PROJECT - BID SET 4 YEAR 1 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the SRF Green Alley Project - Bid Set 4 Year 1, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $164,283.04. Dated this 15th day of December, 2014. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of December, 2014. /s/Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 379-14A ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PRO- JECT - BID SET 4 YEAR 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the SRF Green Alley Project - Bid Set 4 Year 1. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the re- spective properties benefited by the improvements as shown in the Final Schedule of As- sessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in ex- cess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assess- ments of $100.00 or more are payable in 15 annual installments at the County Treasurer's 3 Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw an- nual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each install- ment will be delinquent from October 1 following its due date on July 1 of each year. Howev- er, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delin- quent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 15th day of December, 2014. Roy D, Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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) ef- fective December 1, 2014. Upon motion the documents were received, filed and approved. 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. Upon motion the documents were received and filed and Resolution No. 380-14 Adopting the Final Assessment Schedule for the 2014-2015 Snow/Ice Removal Assessment — Right -of -Way Obstruction Removal Assessment Project was adopted. RESOLUTION NO. 380-14 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2014-2015 SNOW/ICE RE- MOVAL ASSESSMENT — RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Snow/Ice Removal Assess- ment — Right -of -Way Obstruction Removal Assessment Project. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the re- spective properties benefited by the improvements as shown in the Final Schedule of As- sessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in ex- cess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assess - 4 ments of $500.00 or more are payable in 10 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw an- nual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each install- ment will be delinquent from October 1 following its due date on July 1 of each year. Howev- er, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Delinquent installments will draw the same delin- quent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 15th day of December, 2014. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2014-2015 SIDEWALK SHOVELING ASSESSMENTS FINAL ASSESSMENTS The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true val- uations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER NAME: James and Kittie Rogers, LOT DESCRIPTION: LOT 8 MARSHS DUBUQUE NO 2, PARCEL NUMBER: 1026229002, MAILING ADDRESS: 1050 North Booth, Dubuque IA 52001, CITY, STATE, ZIP: Dubuque, Iowa, 52001, STREET ADDRESS: 1050 North Booth, VALUATION WITH IMPROVEMENT: $82,090.00, SIDEWALK ASSESSMENT: $198.75, ADMINIST RATIVE FEE: $25.00, TOTAL NET ASSESSMENT: $223.75 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. Up- on motion the documents were received, filed and approved. 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. Upon motion the documents were received and filed and 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 was adopted. 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 Whereas, the Public Improvement Contract for the Asphalt Overlay Project Curb Access Ramps Phase Four (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. 5 Section 2. The Finance Director is hereby directed to pay to the Contractor from the As- phalt Overlay Project Curb Access Ramps appropriations for the contract amount of $57,118.94, less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 15th day of December, 2014. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PHASE FOUR The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Asphalt Overlay Project Curb Access Ramps Phase Four, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $62,268.92. Dated this 15th day of December, 2014. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of December, 2014. /s/Trish L. Gleason, Assistant City Clerk 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. Upon motion the documents were received, filed and made a Matter of Rec- ord. 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. Upon motion the documents were received and filed and Resolution No. 382-14 Accepting the 9th Street and 11th Street One -Way to Two -Way Con- version Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 382-14 ACCEPTING THE 9th STREET AND 11th STREET ONE-WAY TO TWO-WAY CONVER- SION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 9th Street and 11th Street One-way to Two-way Conversion Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed accord- ing to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 1 -way to 2 -way Conversion Project fund, the Curb/Catch Basin Replacement fund, The Signal Inter- section Reconstruction fund and the Traffic Signal Fiber Optic Network fund for the contract amount of $813,528.35 less any retained percentage provided for therein as provided in Iowa 6 Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 15th day of December, 2014. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 9TH STREET AND 11TH STREET ONE-WAY TO TWO-WAY CONVERSION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 9th Street and 11th Street One-way to Two-way Conversion Project, that the Project has been performed in compliance with the terms of the Public Improvement Con- tract, and that the total cost of the completed work is $1,313,927.44. Dated this 15th day of December, 2014. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of December, 2014. /s/Trish L. Gleason, Assistant City Clerk 13. Water and Resource Recovery Center Cement Curb Project: City Manager recom- mending that the award for the Water & Resource Recovery Center Concrete Curb Installa- tion Project be officially recorded in the minutes of the City Council. Upon motion the docu- ments were received, filed and made a 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. Upon motion the documents were received, filed and made a Matter of Record. 15. Bee Branch Creek Basin Overlook Project, Project Endorsement: City Manager rec- ommending 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. Upon motion the documents were received and filed and 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 was adopted. 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 IM- PROVEMENTS WILL BE MAINTAINED FOLLOWING COMPLETION OF THE PROJECT Whereas, the City of Dubuque requested Dubuque Metropolitan Area Transportation Study (DMATS) funding for the Lower Bee Branch Overlook at the 16th Street Detention Basin (Ba- sin Overlook Project); and Whereas, $640,000.00 in DMATS funding was appropriated for the Basin Overlook Project as part of the DMATS Fiscal Year 2014-2017 Transportation Improvement Program as a Transportation Alternatives Program (TAP) project, project number STP -E -2100Q --8V-31; and Whereas, the Iowa Department of Transportation (IDOT) is requesting the completion of a Request for Transportation Alternatives Program Funds; and 7 Whereas, the Request for TAP funding requires the City of Dubuque's official endorsement of the project and the City's stated commitment to maintain the improvements for the intend- ed public use fora minimum of twenty (20) years following project completion. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Manager is authorized to sign and submit a Request for Transportation Improvement Program Funds to the IDOT for the use of DMATS funding for the Lower Bee Branch Overlook at the 16th Street Detention Basin Project. Section 2. That the City Council hereby provides its written assurance that the Lower Bee Branch Overlook at the 16th Street Detention Basin Project will be adequately maintained for its intended public use for a minimum of twenty (20) years following completion of the project. Passed, adopted and approved this 15th day of December, 2014. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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). Upon motion the documents were received and filed and Resolution No. 384-14 Approving the Transfer of Title of Real Estate Located at 1598 Washington Street, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 384-14 APPROVING THE TRANSFER OF TITLE OF REAL ESTATE LOCATED AT 1598 WASH- INGTON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City acquired the property at 1598 Washington Street for the purpose of its restoration and re -sale for owner -occupied housing in the Washington Neighborhood; and Whereas, such purpose supports the Washington Neighborhood Revitalization Strategy as approved by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the transfer of title for the following legally -described property: Lot 2 of Lot 1 of Lot 12 in East Dubuque, an addition in the City of Dubuque, Iowa, ac- cording to the recorded plat there —1598 Washington Street valued at $50,000. Section2. That the City of Dubuque be and is hereby authorized to provide a Special War- ranty Deed to the buyer, conveying the City's interest to Community Housing Initiatives, Inc. (CHI) for the herein -described real estate. Section3. That the Assistant City Clerk be and she is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Re- corder, together with certified copy of the Resolution. Section4. That the Assistant City Clerk be and she is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. 8 Passed, approved and adopted this 15th day of December, 2014. Roy D Buol, Mayor Attest: Trish Gleason, Assistant City Clerk 17. Dollinc LLC Property Tax Appeals: City Attorney submitting correspondence advising that 13 property assessment appeals were withdrawn by the taxpayer at the Property As- sessment Appeal Board for the 2013 and 2014 assessment years. Upon motion the docu- ments were received, filed and made a 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 Agree- ment for the County/City Heritage Trail Parking Lot along S. John Deere Road near US 52 and IA 32. Upon motion the documents were received and filed and Resolution No. 385-14 Authorizing IDOT Grant Application for Development of County/City Heritage Trail Parking Lot was adopted. RESOLUTION NO. 385-14 AUTHORIZING IDOT GRANT APPLICATION FOR DEVELOPMENT OF COUNTY/CITY HERITAGE TRAIL PARKING LOT Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) has allocated DMATS Transportation Enhancement Program grant funds for the development of the Coun- ty/City Heritage Trail Parking Lot along S. John Deere Road near US 52 and IA 32; and Whereas, the Iowa Department of Transportation Study (IDOT) administers DMATS Transportation Enhancement Program grant funds as part of the federal pass-through funding in the IDOT Transportation Alternatives Program; and Whereas, the City of Dubuque has allocated local to match the grant funds for development of the County/City Heritage Trail Parking Lot. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is hereby authorized to sign the grant agreement with IDOT to develop the County/City Heritage Trail Parking Lot. Section 2. That the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with grant require - me nts. Passed, approved and adopted this 15th day of December, 2014. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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. Up- on motion the documents were received, filed and approved. 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. Upon motion the documents were received and filed and Resolution No. 391-14 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and LT Investments, LLC was adopted. 9 RESOLUTION NO. 391-14 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LT INVESTMENTS, LLC Whereas, LT Investments, LLC, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an ap- plication for voluntary annexation of the Property to the City of Dubuque: Lot 2-1 of Miller Place in the NW 1/4 of Section 23, T88N, R2E (Table Mound TWP) of the 5th P.M. in Dubuque County, Iowa; and Whereas, LT Investments, LLC have entered into a Pre -annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between LT Investments, LLC and the City of Dubuque is hereby approved. Passed, approved and adopted this 15th day of December, 2014. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 21. Clean Diesel Grant Contract: City Manager recommending approval of the United States Environmental Protection Agency Clean Diesel Grant to install specialized muffler sys- tems on four of the City of Dubuque's heavy trucks. Upon motion the documents were re- ceived, filed and approved. 22. Signed Contracts: Conlon Construction Change Order #2 for the Dubuque Intermodal Transportation Center. Upon motion the document was received and filed. 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. Upon motion the documents were received, filed and made a Matter of Record. 24. Cornerstone Government Affairs Service Agreement: City Manager recommending ap- proval of an agreement with Cornerstone Government Affairs, LLC to assist the City in identi- fying a solution to the pari-mutuel issue between the Iowa Greyhound Association and the Iowa Thoroughbred Association. Upon motion the documents were received, filed and ap- proved. 25. Liquor License Renewals: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 386-14 Approving applications for beer, liquor, and/or 10 wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits and Resolution No. 387-14 Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 386-14 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED 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 Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the not- ed permit types to the following applicants pending submission of the locally required docu- mentation: Eronel 285 Main St. Class C Liquor (Sunday) Kwik Stop Food Mart 2320 Hwy 61 Class C Beer, Class B Native Wine (Sunday) Passed, approved and adopted this 15th day of December, 2014. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 387-14 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and oth- erwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the fol- lowing named applicants and locations for cigarette/tobacco sales permit. The Konnexion, 1099 University. Passed, approved and adopted this 15th day of December, 2014. Roy Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Connors. Motion carried 7-0. 11 1. Interstate Power and Light Company Franchise Agreement: City Attorney recommend- ing approval of a resolution setting a public hearing for January 5, 2015. Upon motion the documents were received and filed and 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 5, 2015 in the Historic Federal Building. 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 FUR- NISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND AU- THORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 25 YEARS Whereas, Ordinance No. 58-93 granted to Interstate Power Company, its successors and assigns, a nonexclusive authority for a period of twenty-five years to maintain and operate its existing electrical system in the City of Dubuque (the Current Franchise Agreement), which Current Franchise Agreement expires February 15, 2019; and Whereas, Interstate Power and Light Company is a successor to Interstate Power Compa- ny; and Whereas, the City Council of the City of Dubuque and Interstate Power and Light Compa- ny desire to terminate the Current Franchise Agreement and enter into a new franchise agreement. A copy of the Ordinance granting the franchise, attached hereto, is on file in the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, Iowa law requires that the City Council hold a public hearing on the question of the adoption of the Ordinance granting the franchise. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. A public hearing on the question of the adoption of the Ordinance granting the franchise to Interstate Power and Light Company is hereby set for the 5th day of January, 2015 in the City Council Chambers, Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, beginning at 6:30 p.m. Section 2. The City Council hereby dispenses with an election on the adoption of the Ordi- nance as provided by Iowa Code sec. 364.2(4)(b). Section 3. The City Clerk shall publish notice of the public hearing as required by law. Passed, approved and adopted the 15th day of December, 2014. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Black Hills Energy Corporation Franchise Amendment: City Attorney recommending ap- proval of a resolution setting a public hearing for January 5, 2015. Upon motion the docu- ments were received and filed and Resolution No 389-14. Setting a Public Hearing on an amendment to City Of Dubuque Code of Ordinances Sec. 11-4-23: Franchise Fee, authoriz- ing 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 12 of Dubuque, by increasing such authority to five percent (5%) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 5, 2015 in the Historic Federal Building. 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 AU- THORITY TO FIVE PERCENT (5%) Whereas, City of Dubuque Ordinance No. 43-93 (City of Dubuque Code of Ordinances Title 11, Chapter 4), adopted by the City Council on the 19th day of July, 1993, granted to Peoples Natural Gas Company, its successors and assigns (hereinafter referred to collective- ly as the Company), nonexclusive authority for a period of twenty-five (25) years to maintain and operate its gas distribution system within the limits of the city of Dubuque (the Franchise Agreement); and Whereas, Black Hills Energy Corporation is the successor to Peoples Natural Gas Company; and Whereas, Code of Ordinances §11-4-23, provides that the City Council may impose a franchise fee not to exceed three percent (3%) of the gross revenue of the Company gener- ated from the sale of natural and mixed gas within the city of Dubuque; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase the authority for such franchise fee to five percent (5%); and Whereas, Iowa law requires that the City Council hold a public hearing on the question of the adoption of an Ordinance amending the Franchise Agreement, a copy of which is at- tached hereto and is on file in the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. A public hearing on the question of the adoption of the attached Ordinance amending the Franchise Agreement with Black Hills Energy Corporation is hereby set for the 5th day of January, 2015 in the City Council Chambers, Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, beginning at 6:30 p.m. Section 2. The City Council hereby dispenses with an election on the adoption of the Ordi- nance as provided by Iowa Code sec. 364.2(4)(b). Section 3. The City Clerk shall publish notice of the public hearing as required by law Passed, approved and adopted the 15th day of December, 2014. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Review of Applications to the following Board/Commission. Applicants are invited to ad- dress the Council regarding their application. 1. Housing Code Appeals Board: One, 3 year term through January 11, 2018 (Expiring term of Miller) Applicant: Fred Miller, 2462 Central Ave. 13 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. 3. Zoning Advisory Commission: One, 3 year term through July 1, 2015 (Vacant term of Miller) Applicants: Justin McCarthy, 315 River Ridge St. Mr. McCarthy spoke in support of his appointment. Laura Roussel), 3224 Bittersweet Ln. Ms. Roussel) spoke in support of her ap- pointment. Greg Yoko, 3660 Seville. 4. Zoning Board of Adjustments: One, 5 year term through March 25, 2017 (Vacant term of Gibbs) Applicant: Bethany Golombeski, 65 Cambridge Ct. Appointments to the following commissions to be made at this meeting: 1. Mediacom Charitable Foundation: One, 1 year term through December 31, 2015 (Ex- pired term of Chavenelle) Applicant: Gail Chavenelle, 1155 Kelly Lane. Motion by Braig to appoint Gail Chavenelle to a one year term through December 31, 2015. Seconded by Res- nick. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items: 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 adjoin- ing the University Science Center and the Zoning Advisory Commission recommending ap- proval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion Carried 7- 0. Motion by Connors for final consideration and passage of 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. Seconded by Jones. James Steiner Vice President of Finance and Auxiliary Services University of Dubuque spoke regarding the new facility. Planning Services Manager Laura Carstens pro- vided a staff report. Adam Schwendinger spoke regarding concerns with the lack of viable parking for residents in this area. Motion carried 7-0. OFFICIAL PUBLICATION 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 14 Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, be amended by providing for the approval of an amended campus development plan for the University of Dubuque ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department. Section 2. Institutional District Regulations. A. Use Regulations The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Offices for administrative personnel or other institutional employees and affil- iates. b. Churches, libraries, and museums. c. Classrooms, laboratories, lecture halls, and similar places of institutional as- sembly. d. Off-street parking and loading. e. Recreational or athletic facilities for the primary use and benefit of institution- al residents or affiliates. f. Single-family, two-family or multi -family dwellings for the housing of institu- tional residents or affiliates. 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional District. a. Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residential District. b. All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: The proposed Education Facility building and parking lot expansion shall be constructed in substantial conformance with the attached amended campus development plan. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be es- tablished in conformance with Section 5-22 of the Unified Development Code and the following standards: 1. The storm water control shall be designed and built in accordance with City Regulations subject to review and approval by the City of Dubuque Engineering Department. 2. That appropriate erosion and sediment control will be installed prior to com- mencement of any land disturbing activity related to the subject project, including all required state and city permits related to erosion control. 3. New outdoor lighting shall utilize 72 -degree cut-off luminaries. 4. Landscaping shall be provided in compliance with Article 13 of the Unified De- velopment Code. 5. All utilities, including telephone and cable television, shall be installed under- ground. 6. Final site plans shall be submitted in accordance with Articles 12 and 13 of the Unified Development Code. 15 D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein de- scribed ID Institutional District shall be regulated as follows. 1. The number, size and layout of off-street parking shall be in substantial compli- ance with the amended campus plan. 2. The design of the parking lot shall comply with Article 13 of the Unified Devel- opment Code. 3. Any significant expansion or reduction in the number of off-street parking spac- es must be reviewed by Planning Services staff for compliance with the adopted Institutional District regulations. E. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Article 15 of the Unified Development Code. F. Additional Standards That all previously approved campus development plans are hereby amended to allow for the attached campus development plan. G. Transfer of Ownership Transfer of ownership of property in this ID Institutional District requires rezoning of the property to an appropriate zoning district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accord- ance with zoning reclassification proceedings of Article 9 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Adviso- ry Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 15th day of December, 2014. /s/Roy D. Buol, Mayor: Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald on the 19th day of December, 2014. /s/Trish L. Gleason, Assistant City Clerk 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 Dubu- que 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 Commis- sion recommending approval. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion Carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 69-14 Amending Ti- tle 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 Stoltz Center Gymnasium. Seconded by Braig. James 16 Steiner, Vice President of Finance and Auxiliary Services University of Dubuque, spoke re- garding the addition. Planning Services Manager Laura Carstens provided a staff report. Mo- tion carried 7-0. OFFICIAL PUBLICATION 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 CAM- PUS DEVELOPMENT PLAN FOR THE UNIVERSITY OF DUBUQUE TO ALLOW CON- STRUCTION OF AN ADDITION TO THE STOLTZ CENTER GYMNASIUM NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, be amended by providing for the approval of an amended campus development plan for the University of Dubuque ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department. Section 2. Institutional District Regulations. A. Use Regulations The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Offices for administrative personnel or other institutional employees and affil- iates. b. Churches, libraries, and museums. c. Classrooms, laboratories, lecture halls, and similar places of institutional as- sembly. d. Off-street parking and loading. e. Recreational or athletic facilities for the primary use and benefit of institution- al residents or affiliates. f. Single -family, two-family or multi-family dwellings for the housing of institu- tional residents or affiliates. 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional District. a. Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residential Dis- trict. b. All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: The proposed Stoltz Center Gymnasium addition shall be constructed in substantial conformance with the attached amended campus development plan. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be es- tablished in conformance with Section 5-22 of the Unified Development Code and the following standards: 1. The storm water control shall be designed and built in accordance with City 17 Regulations subject to review and approval by the City of Dubuque Engineering Department. 2. That appropriate erosion and sediment control will be installed prior to com- mencement of any land disturbing activity related to the subject project, including all required state and city permits related to erosion control. 3. New outdoor lighting shall utilize 72 -degree cut-off luminaries. 4. Landscaping shall be provided in compliance with Article 13 of the Unified De- velopment Code. 5. All utilities, including telephone and cable television, shall be installed under- ground. 6. Final site plans shall be submitted in accordance with Articles 12 and 13 of the Unified Development Code. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein de- scribed ID Institutional District shall be regulated as follows. 1. Any significant expansion or reduction in the number of off-street parking spac- es must be reviewed by Planning Services staff for compliance with the adopted Institutional District regulations. E. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Article 15 of the Unified Development Code. F. Additional Standards That all previously approved campus development plans are hereby amended to allow for the attached campus development plan. G. Transfer of Ownership Transfer of ownership of property in this ID Institutional District requires rezoning of the property to an appropriate zoning district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accord- ance with zoning reclassification proceedings of Article 9 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Adviso- ry Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 15th day of December, 2014. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald on the 7th day of November, 2014. /s/Trish L. Gleason, Assistant City Clerk 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 ad- dition to the existing Boiler Room building and the Zoning Advisory Commission recommend- ing approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion Carried 7-0. 18 Motion by Jones for final consideration and passage of Ordinance No. 70-14 Amending Ti- tle 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval of an Amended Campus Development Plan for Loras College to allow con- struction of a new Welcome Center. Seconded by Braig. John McDermott, Assistant Vice President Physical Resources Physical Plant Loras College, spoke regarding the addition. Planning Services Manager Laura Carstens provided a staff report. Allen Troupe, 2003 Key- way spoke regarding student safety when crossing the street. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 70-14 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE- VELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE LORAS COLLEGE TO ALLOW CONSTRUCTION OF A NEW WELCOME CENTER NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, be amended by providing for the approval of an amended campus development plan for Loras College ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department. Section 2. Institutional District Regulations: A. Use Regulations. The following regulations shall apply to all uses made of land in the above- described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Colleges and universities. b. Vocational schools. c. Seminaries. d. Offices for administrative personnel or other institutional employees and affil- iates. e. Churches, libraries and museums. f. Classrooms, laboratories, lecture halls, and similar places of institution. g. Off-street parking and loading. h. Recreational or athletic facilities for the primary use and benefit of the institu- tional residents or affiliates. i. Single-family, two-family, or multi -family dwellings for the housing of institu- tional residents or affiliates. 2. Accessory Uses: The following uses shall be permitted as accessory uses in the above-described ID Institutional District: a. Located entirely within a principal building, bookstores or bars seating not more than seventy-five(75) persons at one time and located not closer than two hundred feet (200') from the nearest residential or office residential district. b. All uses customarily incidental and subordinate to the principal use it serves, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be amended as follows: The proposed new Welcome Center shall be located in conformance with the attached campus development plan and all final site development plans are to be approved in 19 accordance with provisions of the ID Institutional District regulations. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be es- tablished in conformance with Article 5-22 of the Unified Development Code and the following standards: 1. New outdoor lighting shall use 72 -degree cut-off light fixtures. 2. Landscaping shall be provided in compliance with the Unified Development Code Article 13. 3. All utilities, including telephone and cable television, shall be installed under- ground. 4. Final site development plans shall be submitted in accordance with Unified De- velopment Code Articles 12 and 13. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein de- scribed ID Institutional District shall be regulated as follows: 1. A minimum of 1,190 off-street parking spaces shall be maintained for the Loras College Institutional District. 2. Any significant expansion or reduction in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted insti- tutional district requirements. E. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Article 15 of the Unified Development Code. F. Additional Standards That all previously approved campus development plans are hereby amended to allow for the attached development plan. G. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accord- ance with zoning reclassification proceedings of Article 9 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Adviso- ry Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15th day of December, 2014. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald on the 19th day of December, 2014. /s/Trish L. Gleason, Assistant City Clerk 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 recommend - 20 ing approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion Carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 71-14 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amend- ing 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 cen- ter signs within the Dubuque Industrial Center Seconded by Lynch. Maria Benham, Presi- dent/CEO Dubuque Humane Society, spoke regarding the request. Planning Services Man- ager Laura Carstens provided a staff report. Motion carried 7-0. OFFICIAL PUBLICATION 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 DEVELOP- MENT 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by amending Ordinance 22-07, which established regulations for Dubuque Industrial Center, and now being amended to allow electronic message signs. Section 2. Planned Development District Regulations. 4. Site Signage c) On -Premise Signs 8. Reserved. No signs may include any device or means, rnechanical, electrical or natural,whichchallcauceanymotionof thecignpaneloranypartthereof. Noflashing lightcorchanging colorcchallbcallowcd. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Adviso- ry Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 15th day of December, 2014. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald on the 19th day of December, 2014. /s/Trish L. Gleason, Assistant City Clerk 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. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted 21 on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion Carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 72.14 Amending Ti- tle 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassify- ing hereinafter described property located along Holliday Drive from C-2 Neighborhood Shopping Center District with Conditions to C-3 General Commercial District with Conditions Seconded by Braig. Brian Kane 2100 Asbury Rd. representing Warrior Enterprises LLC Pat McGrath Auto Center, spoke regarding request. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 72-14 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE- VELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LO- CATED ALONG HOLLIDAY DRIVE FROM C-2 NEIGHBORHOOD SHOPPING CENTER DIS- TRICT WITH CONDITIONS TO C-3 GENERAL COMMERCIAL DISTRICT WITH CONDITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter—described property from C-2 Neighborhood Shopping Center District with conditions to C-3 General Commercial District, with conditions as established in the attached Memorandum of Agreement, to wit: Lot 1 of Holliday Drive 6th Addition, and to the centerline of the adjoining public right- of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 15th day of December, 2014. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald on the 19th day of December, 2014. /s/Trish L. Gleason, Assistant City Clerk 6. Kunkel & Associates, Inc. - Urban Revitalization Area Plan: Proof of publication on no- tice 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. Motion by Braig to receive, file, hold the public hear- ing and defer action to January 20, 2015 meeting. Dan McDonald Vice President of Existing Business for Greater Dubuque Development and Kim Kunkel President Kunkel Associates spoke regarding request. Seconded by Lynch. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. 22 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 Com- mission. Motion by Connors to receive, file and approve. Seconded by Braig. Housing and Community Development Director Alvin Nash answered Council questions. Motion carried 7- 0. 2. Local & Regional Government Alliance on Race & Equity - Request to Join Amicus Cu- riae 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. Mo- tion by Jones to receive, file and approve. Seconded by Braig. Motion carried 7-0. 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. Motion by Connors to receive and file and adopt 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. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 390-14 AFFIRMING THE DUBUQUE CITY COUNCIL'S COMMITMENT TO DIVERSITY AND IN- CLUSION THROUGH BROAD RECRUITMENT AND APPOINTMENTS TO CITY BOARDS AND COMMISSIONS SO THAT RESIDENTS OF VARIED BACKGROUNDS ARE REPRE- SENTED AND HAVE THE OPPORTUNITY TO PROVIDE INPUT Whereas, The Dubuque City Council defines diversity as the different backgrounds, values, and ideas of those who comprise the Dubuque community; and Whereas, the Council defines inclusion as drawing forth the variety of perspectives and life experiences each person brings in order to enhance the quality and contribution of board and commission members to the democratic process; and Whereas the Council values diversity and inclusion as essential sources of vitality and strength for the effective pursuit of the City's goals and priorities, and is committed to the ongoing proactive process of diversity and inclusion in its governance, committees, member- ship, programs and activities; and Whereas, the Council is supportive of building a community where all people feel welcome and valued and where individuals work to understand each other's different backgrounds, economic circumstances, needs, and philosophical beliefs; and Whereas, The Council seeks to engage in a holistic process to identify the most qualified applicants who can best contribute to, and benefit from, participating on a board or commission, evaluating each applicant as an individual while valuing a variety of talents, backgrounds, experiences, and personal characteristics, so that board and commission membership is representative of the various cultural, economic, social, religious, ethnic and racial groups in the community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. That this Resolution serves as a declaration of official intent to seek out and appoint individuals with the professional expertise, personal experience, multilingual abilities, 23 and cultural backgrounds that can expand the board or commission's collective cultural awareness and support the board or commission in responding to the needs of the various communities represented in Dubuque. Section 2. That the City Council of the City of Dubuque, Iowa hereby puts diversity re- cruitment into practice by • Clearly defining open positions • Partnering with multiple entities such as Inclusive Dubuque and the Multicultural Family Center to o Recruit a diverse, qualified applicant pool o Identify and use multiple forms of advertising, announcements and search strate- gies designed to find qualified applicants o Include wording that emphasizes the city's commitment to diversity • Including all available avenues to publicize the position • Engaging in inclusive recruitment activities and proactive informational outreach • Encouraging applicants to provide information on their application that illustrates as- pects of their lives, culture or community that would contribute positively to serv- ing on a board or commission Passed, approved, and adopted this 15th day of December, 2014. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Code of Ordinances Amendment Title 10 - Sledding in City Parks: City Manager rec- ommending approval of an ordinance prohibiting sledding, downhill skiing, snowboarding or tobogganing on City property except in designated areas of certain parks. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion failed 5-2 with Resnick and Braig voting nay. Motion by Connors to consider the first reading of a proposed 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. Seconded by Jones. Motion carried 6-1 with Resnick voting Nay. 5. River Boat Bench - Gift to City: The Arts and Cultural Affairs Commission recommend- ing that the City accept the gift of a River Boat Bench as proposed and the City Manager rec- ommending not to accept this donation of artwork. Restated motion by Connors to receive and file and approve recommendation to deny the acceptance of the gift. Seconded by Braig. Motion failed 3-4 with Lynch, Resnick, Sutton and Braig voting Nay. Motion by Resnick to ap- prove the acceptance of the gift of a River Boat Bench. Seconded by Lynch. Motion carried 5- 2 with Buol and Connors voting Nay. 6. Fiscal Year 2016 Budget and Fiscal Policy Guidelines: City Manager recommending adoption of the Fiscal Year 2016 Budget Policy Guidelines. Motion by Connors to receive and file the documents and approve. Seconded by Braig. Motion carried 6-1 with Resnick voting Nay. COUNCIL MEMBER REPORTS 24 Council Member Sutton presented a Partnership Award from Operation New View Com- munity Activity Agency. Council Member Resnick reminded citizens to buy local this holiday season. Council Member Lynch wished News Director at Radio Dubuque, Ron Bock, a happy retirement. PUBLIC INPUT Jacob Long, 4604 Cardinal Drive, requested that the City Council move the public Input section to the beginning of the agenda. There being no further business, upon motion the City Council adjourned at 8:43 p.m. /s/Trish L. Gleason, CMC City Clerk 25