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Minutes_City Council Proceedings_Regular Session CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on September 7, 2010 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was provided by Pastor John Sorenson, Lord of Life Lutheran Church Swearing In of Mayor Pro-Tem Karla Braig PROCLAMATIONS Day of Peace (September 21, 2010) was accepted by Sr. Dolores Uhlrich and representatives from the Human Rights Commission, Multicultural Family Center, and the Dubuque Dispute Resolution Center; Shriners Hospitals Day (September 25, 2010) was accepted by Council Member Ric Jones; Voices from the Warehouse District VI: Transition Days (September 11–October 3, 2010) was accepted by Arts and Cultural Affairs Advisory Commission Chair Geri Shafer; and Community Wellness Day (October 3, 2010) was accepted by Dr. Jack Hinderman, 998 Freemont Avenue. 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. Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 7/6; City Council of 8/10, 8/16, 8/17 and 8/18; Civil Service Commission of 7/9; Community Development Advisory Commission of 8/18; Electrical Code Board of 7/26; Historic Preservation Commission of 8/19; Housing Commission of 7/27 Proofs of publication of City Council Proceedings of August 2, 10, 16, 17 and 18, 2010 Upon motion the documents were received and filed. Notice of Claims/Suits: Brandon Priem for property damage; Chad Fury for vehicle damage; Anna Eichacker for property damage; Steven and Leslie Neyens for property damage; Bruce Haugen for property damage; Gary and Joan Miller for property damage; Tom Baldwin for vehicle damage; Charles Piekenbrock for vehicle damage; Dan and Molly Fitzsimmons for property damage; Christine A. Jensen for vehicle damage; Michael Wong for vehicle damage; Stacy Treanor for vehicle damage; Schlichtmann Machine and Design for property damage; Cindy Sanchez for property damage; Micah Mork for property and vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. 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: Chad Fury for vehicle damage; Anna Eichacker for property damage; Steven Neyens for property damage; Bruce Haugen for property damage; Justin Mills for vehicle damage; James Richardson for vehicle damage; Christine A. Jensen for vehicle damage; Michael Wong for vehicle damage; Stacy Treanor for vehicle damage; Cindy Sanchez for property damage; Gary Schlichtmann for property damage; Dave Grant for vehicle damage; Charles Pieckenbrock for vehicle damage; Gary and Joan Miller for property damage; Tom Baldwin for vehicle damage. Upon motion the documents were received and filed and concurred. Amendment to Collective Bargaining Agreement: City Manager recommending approval of an amendment to the Collective Bargaining Agreement between the City and the International Union of Operating Engineers to provide for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispatchers. Upon motion the documents were received, filed, and approved. City Development Board: Amended Final Order in the matter of the City of Asbury voluntary annexation from the City Development Board. Upon motion the document was received and filed. Prosperity Eastern Iowa: Communication to Kelley Deutmeyer in support of Prosperity Eastern Iowa’s IDED Economic Development Regional Initiatives grant application to continue to enhance the Accessmyfuture.com website. Upon motion the document was received and filed. J.D. Communications, Inc. Lease: City Manager recommending approval of the assignment of the J.D. Communications, Inc., lease for property in the Historic Federal Building to G.A. Publishing, Inc. Upon motion the documents were received, filed, and approved. Board and Commission Resignations: Joseph D. Suarez submitting his letter of resignation from the Environmental Stewardship Advisory Commission. Linda Frommelt submitting her resignation from the Housing Commission. Upon motion the documents were received and filed and the resignations accepted. State Historical Society of Iowa: Communication from the State Historical Society of Iowa advising that Walker’s Shoe Store (756 Main Street); the Schroeder-Kline Grocer Company Warehouse and M.M. Walker Company Warehouse (40 – 48 Main Street), Upper Main Historic nd District (900 - 1000 Main Street); Washington Street (2162 – 2145) and East 22 Street Historic District will be considered by the State National Register Nominations Review Commission on October 8, 2010. Upon motion the document was received and filed. Confidential Security Procedures and Emergency Preparedness Information: City Manager recommending adoption of a resolution designating security procedures and emergency preparedness information as confidential. Upon motion the documents were received and filed and Resolution No. 337-10 Establishing as confidential certain information concerning security procedures and emergency preparedness information was adopted. 2 Mediacom: Communication from Lee Grassley, Mediacom Senior Manager – Government Relations, notifying the City of upcoming channel changes. Upon motion the document was received and filed. Ride the Rail: Communication from David A. Solberg, Chair – Ride the Rail Envision 2010 Rail Passenger Group, expressing support of the proposed intermodal facility to be built in the Port of Dubuque. Upon motion the document was received and filed. Legislative Correspondence: Communication from Senator Charles Grassley thanking the Mayor for the City’s correspondence related to the Energy Efficiency and Conservation Block Grant (EECBG) Program. Upon motion the document was received and filed. Mystique Casino – Request for Fireworks Display: Communication from Mystique Casino requesting permission to display fireworks on Saturday, September 25, 2010. Upon motion the document was received, filed, and approved. U.S. Department of Housing and Urban Development: City Manager advising that the City will respond within the 30 day time limit to three areas of improvement noted in the recent evaluation of the City’s Homelessness Prevention and Rapid Re-Housing Program by the U.S. Department of Housing and Urban Development. Upon motion the documents were received and filed. Childhood Lead Poisoning Prevention Program (CLPPP): City Manager recommending approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health (IDPH) for continued funding of the Childhood Lead Poisoning Prevention Program (CLPPP) and a renewed agreement with the VNA for services related to the CLPPP. Upon motion the documents were received, filed, and approved. Alcohol Compliance – Civil Penalty for Alcohol License Holders: City Manager recommending approval of the Acknowledgement/Settlement Agreements for a first offense alcohol compliance violation for Kwik Stop, 2255 Kerper Boulevard; Sid’s Beverage, 2727 Dodge Street; and I Luv Food, 535 Hill Street; a second offense alcohol compliance violation for Applebee’s, 1355 Associates Drive; and a third offense alcohol compliance violation for The Lounge, 481 Locust Street. Upon motion the documents were received, filed, and approved. Tobacco Compliance – Civil Penalty for Tobacco License Holder: City Manager recommending approval of the Acknowledgement/Settlement Agreements for first offense tobacco compliance violations for Kwik Stop Food Mart, 2255 Kerper Boulevard; Sid’s Beverage Store, 2727 Dodge Street; and Beecher’s, 1691 Asbury Road. Upon motion the documents were received, filed, and approved. Tri-State Trail Vision: Communication from Tony Zelinskas, President – Tri-State Trail Vision, requesting the City’s continuing support for the development of the Middle Fork Catfish Creek Multi-Use Recreational Trail. Upon motion the document was received and filed. IBM Joint Development Agreement – First Amendment: City Manager recommending approval of the first amendment to the IBM Joint Development Agreement to clarify that the Agreement runs through the end of the year versus September 22, 2010 as was in the original Agreement. Upon motion the documents were received, filed, and approved. 3 Cox Street Vacate – Release of Easement: City Manager recommending approval of the Release of Easement for the vacated area of Cox Street and authorization for the document to be recorded. Upon motion the documents were received, filed, and approved. Dubuque Levee and Floodwall Certification – PAL Progress Report #3: City Manager transmitting the Provisionally Accredited Levee (PAL) Progress Report #3 to FEMA for certification of the Dubuque levee and floodwall system along the Mississippi River. Upon motion the documents were received, filed, and approved. Federal Emergency Management Agency (FEMA): Communication of Mayor Roy D. Buol to the Federal Emergency Management Agency constituting a technical appeal of FEMA’s preliminary DFIRM for the City of Dubuque. Upon motion the document was received and filed. Mystique Casino: City Manager recommending approval of a request from Jesús Avilés for approval of two separate loans with American Trust and Savings Bank and Dubuque Bank and Trust to refinance existing debt and to fund the recent remodeling of the Mystique Casino. Upon motion the documents were received, filed, and approved. Commitment Letter to the Federal Highway Administration: City Manager recommending approval of a letter of commitment for any funds above and beyond the $5.6 million TIGER grant needed for the Historic Millwork District Streetscape and Utilities Project. Upon motion the documents were received, filed, and approved. Wilmac Properties – Housing Enterprise Zone Agreement: City Manager recommending approval of a Housing Enterprise Zone Program Agreement for Wilmac Properties related to the redevelopment of the Voices Building, Building #24 of the former Carr, Ryder & Adams Company building located at 1000 Jackson Street. Upon motion the documents were received and filed and Resolution No. 338-10 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and Wilmac Properties was adopted. Dubuque Regional Humane Society: Letter of support for the Dubuque Regional Humane Society’s DRA Future Fund Grant application. Upon motion the document was received and filed. Iowa 32 Hike/Bike Trail – Phase 2 Project: City Manager recommending approval of the reallocation of money from the Eagle Point Park Overlook Sidewalk CIP and utilizing savings from the Pamela/Ramona Joint Repair Project and the Library HVAC Maintenance Project to cover overages for the Iowa 32 Hike/Bike Trail – Phase 2 Project. Upon motion the documents were received and filed. Residential Energy Efficiency Audit and Retrofit Reimbursements: City Manager recommending approval of a contract with Four Mounds Foundation to administer the City’s residential energy efficiency audit and retrofit grant program as allocated through the ARRA Energy Efficiency and Conservation Block Grant (EECBG). Upon motion the documents were received, filed, and approved. 4 Environmental Protection Agency (EPA) Climate Showcase Communities Grant: City Manager recommending approval of the submission of a Climate Showcase Communities Grant application to the Environmental Protection Agency. Upon motion the documents were received, filed, and approved. TIGER II Grant Application: City Manager recommending approval of a TIGER II Grant Application to the U.S. Department of Transportation in the amount of $15 million to fund the Dubuque Intermodal Transportation Center (DITC). Upon motion the documents were received, filed, and approved. Airport Hangar Reconstruction Project: City Manager recommending approval for the Airport Commission to proceed with the Airport Hangar Reconstruction Project. Upon motion the documents were received, filed, and approved. Water Revenue Bonds, Series 2010D: City Manager recommending approval of the final proceedings providing for the issuance of $5,700,000 Water Revenue Bonds, Series 2010D. Upon motion the documents were received and filed and Resolution No. 339-10 Appointing Wells Fargo Bank, National Association of Des Moines, Iowa, to serve as Payment Agent, Bond Registrar and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement; and Resolution No. 340-10 Authorizing and providing for the issuance of $5,700,000 Water Revenue Bonds, Series 2010D, and levying a tax to pay said bonds were adopted. Fiscal Year 2010 City Street Financing Report: City Manager recommending approval of the City of Dubuque’s Fiscal Year 2010 Street Financing Report for submittal to the Iowa Department of Transportation. Upon motion the documents were received and filed and Resolution No. 341-10 Approving the City of Dubuque Fiscal Year 2010 Street Finance Report was adopted. 2009 Water Fluoridation Quality Award: Communication from the Iowa Department of Public Health advising that the Centers for Disease Control and Prevention (CDC) has awarded the City of Dubuque with a 2009 Water Fluoridation Quality Award. Upon motion the document was received and filed. Iowa 32 Trail – Mississippi River Trail (MRT) Side Trip: City Manager recommending approval of the request to ask DMATS and the IDOT to designate the Iowa 32 Bike/Hike Trail as an official side trip for the Mississippi River Trail (MRT), and to allocate excess MRT Earmark funding of $279,000 for extension of the Iowa 32 Trail from Plaza Drive to Pennsylvania Avenue. Upon motion the documents were received, filed, and approved. Section 8 Housing Vouchers: Communication from David Kapler, Chairperson – Housing Commission, regarding the reduction of Section 8 housing vouchers and City Manager’s response. Upon motion the document was received and filed. AmeriCorps Partners in Learning Grant Award: City Manager recommending approval of a grant agreement with the Iowa Commission on Volunteer Service for the City’s AmeriCorps program. Upon motion the documents were received, filed, and approved. 5 PEG Capital Grant Expenditure Request: City Manager recommending approval of the Cable TV Tele-Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $6,000 for the City of Dubuque to add a digital single lens reflex capability to its motion-controlled time lapse system. Upon motion the documents were received, filed, and approved. Hwy 151 & 61 – Correction Deed: City Attorney recommending approval of the Correction Warranty Deed for property acquired from Hwy 151 & 61 Development, LLC for the Bee Branch Creek project. Upon motion the documents were received and filed and Resolution No. 342-10 Accepting a Correction Deed from Hwy 151 & 61 Development, LLC to Lot 1 of Riverview Plaza, being a subdivision of Riverview Plaza, in the City of Dubuque, Iowa, according to the recorded plat thereof; and Lot 316, Lot 355 and Lot 2-354 of East Dubuque No. 2 in the City of Dubuque, Iowa, was adopted. Signed Contracts / Agreements: Desman Associates – Re-Bid Fees; Morton International, Inc. – Salt Storage and Handling Agreements; First Amendment to Public Improvement Contract – J.P. Cullen & Sons, Inc.; Release of Federal Building Funding for FSS Staff Office; and Agreement for Monitoring Underground Storage Tanks at Rockdale/Grandview site. Upon motion the documents were received and filed. Liquor License Transfer: Request to transfer the five-day Camp Albrecht Acres Special Class “C” Beer Permit to Five Flags Center on September 18, 2010 for the Octoberfest event. Upon motion the document was received, filed, and approved. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 343-10 Granting the issuance of a Class “C” Beer Permit to Family Mart, Phillips 66/Arby’s, Kwik Stop Food Mart, Eagle Country Market, and Wal-Mart Supercenter #2004; and Resolution No. 344-10 Granting the issuance of a Class “C” Beer/Liquor License to National River Museum, Carlos O’Kelly’s Mexican Café, Los Aztecas Mexican Restaurant, Lucky 13 Tap, Vinny Vanucchis Little Italy and Dubuque Community Ice Center; a Class “C” Beer/Liquor License (5-Day Special Event) to Diamond Jo Casino; a Class “B” Wine Permit to Eagle Country Market, Wal-Mart Supercenter #2004, and Family Mart; and a Class ”WBN” Native Wine Permit to Kwik Stop Food Mart were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors 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. Seconded by Resnick. Motion carried 7-0. Petition to Vacate a Portion of Van Buren Street at Isborn Avenue: City Manager recommending that a public hearing be set for September 20, 2010 to consider vacating and disposing of a portion of Van Buren Street right-of-way to David and Bambi Roth. Upon motion the documents were received and filed and Resolution No. 345-10 Resolution of intent to vacate and dispose of City interest in Lot 97A of Lenox Addition in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 20, 2010 in the Historic Federal Building. 6 Bunker Hill Irrigation Renovation Project: City Manager recommending initiation of the public bidding process for the Bunker Hill Irrigation Renovation Project and that a public hearing be set for September 20, 2010 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 346-10 Preliminary approval of plans, specifications, form of contract, and estimated cost, setting date of public hearing and ordering bids for the Bunker Hill Irrigation Renovation Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 20, 2010 in the Historic Federal Building. Fiscal Year 2011 Budget – Second Amendment: City Manager recommending that a public hearing be set for September 20, 2010 to consider the second amendment to the Fiscal Year 2011 Budget. Upon motion the documents were received and filed and Resolution No. 347-10 Setting a public hearing on the Fiscal Year 2011 Budget was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 20, 2010 in the Historic Federal Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Environmental Stewardship Advisory Commission: Two 3-year terms through October 1, 2013 (Terms of Buelow and Oberdoerster). Applicants: Michael Buelow, 2131 Graham Circle; and Chad Oberdoerster, 420 Summit Street. Mr. Buelow and Mr. Oberdoerster spoke in support of their appointment. Housing Commission: One 3-year term through August 17, 2013 (Term of Eddy): Applicant: Ricardo Woods, 1535 Bluff Street. Mr. Woods spoke in support of his appointment. Transit Advisory Board: One 3-year term through July 30, 2013 (Term of Scharnau): th Applicant: Rhonda Knight, 250 W. 6 Street. Ms. Knight spoke in support of her appointment. TV Cable Regulatory Commission: One 3-year term through June 30, 2010 (Term of Bellings) Applicant: Kenneth Miller, 195 Julien Dubuque Drive. Mr. Miller withdrew his application. Appointments to the following Boards/Commissions: Airport Commission: Two 4-year terms through August 14, 2014 (Terms of Accinelli and Daoud). Applicants: Steven Accinelli, 3007 Huntington Drive; Charles Daoud, 396 Moore Heights; Daniel Nicholson, 889 Walker Street (additional applicant). Upon roll call vote Steven Accinelli and Charles Daoud were appointed to the Airport Commission for 4-year terms through August 14, 2014. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Sale of Property at 1699 Washington Street: Proof of publication of notice of public hearing to consider the disposal of property located at 1699 Washington Street to KC James Summers for the sum of $40,000 and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 348-10 Disposing of City-owned property, specifically, Lot 2 of Lot 86 in East Dubuque Addition in the City of Dubuque, County 7 of Dubuque, Iowa, according to the recorded plat thereof, 1699 Washington Street. Seconded by Voetberg. Motion carried 7-0. Five Points Traffic Signal Reconstruction Project: Proof of publication of notice of public hearing to consider approval of the plans and specifications, form of contract and estimated cost for the Five Points Traffic Signal Reconstruction Project and City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 349-10 Approving plans, specifications, form of contract, and estimated cost for the Five Points Traffic Signal Reconstruction Project. Seconded by Lynch. Motion carried 7-0. General Obligation Loan Notes: Proof of publication of notice of public hearing to consider the issuance of not to exceed $3,000,000 General Obligation Capital Loan Notes and City Manager recommending approval. Motion by Voetberg to receive and file the documents and adopt Resolution No. 350-10 Instituting proceedings to take additional action for the authorization of a Loan Agreement and the issuance of not to exceed $3,000,000 General Obligation Capital Loan Notes. Seconded by Braig. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Washington Neighborhood Inspection Initiative: City Manager recommending approval of a pilot program of intensified housing inspections of the exteriors of all downtown residential properties, including owner-occupied housing, beginning in the Washington Neighborhood. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Voetberg. Motion carried 7-0. Housing Code Exterior Enforcement Initiative: City Manager recommending approval of a pilot program of intensified exterior housing code enforcement. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Voetberg. Motion carried 7-0. Acceptance of Petition and Waiver Agreements – Historic Millwork District: City Manager recommending acceptance of the Petition and Waiver Agreements from the property owners donating the right-of-way in the Millwork District. Motion by Voetberg to receive and file the documents and adopt Resolution No. 351-10 Approving the Petition and Waiver Agreement with CARADCO Building, LLLP; Resolution No. 352-10 Approving the Petition and Waiver Agreement with Wilmac Property Company; and Resolution No. 353-10 Approving the Petition and Waiver Agreement with Mid American Holdings, LLC. Seconded by Braig. Motion carried 7-0. Dubuque County Historical Society Lease for Mississippi Plaza Property – Tabled from August 16, 2010 Meeting: City Manager recommending approval of the amended lease agreement between the Dubuque County Historical Society and the City of Dubuque for the development of the proposed Mississippi Plaza, subject to the approval of the associated sub- lease agreements and the Vision Iowa contract. Motion by Jones to remove from the table Seconded by Connors. Motion carried 7-0. Motion by Jones to receive and file the documents and adopt Resolution No. 354-10 Disposing of an interest in real property by Fourth Amendment to Lease between the City of 8 Dubuque, Iowa and Dubuque County Historical Society; and Resolution No. 355-10 Approving a sublease between Peninsula Gaming Company, LLC, and Dubuque County Historical Society and a sub-sublease between Peninsula Gaming Company, LLC, and Dubuque County Historical Society. Seconded by Resnick. Motion carried 7-0. Vision Iowa: River Enhancement Community Attraction and Tourism Program Grant Agreement – Tabled from August 16, 2010 Meeting: City Attorney recommending approval of a proposed River Enhancement Community Attraction and Tourism Program Grant Agreement by and among the Vision Iowa Board, Dubuque County Historical Society and the City of Dubuque. Motion by Lynch to remove from the table. Seconded by Braig. Motion carried 7-0. Motion by Lynch to receive and file the documents and adopt Resolution No. 356-10 Approving the River Enhancement Community Attraction and Tourism Program Grant Agreement by and among the Vision Iowa Board, Dubuque County Historical Society and the City of Dubuque. Seconded by Jones. Motion carried 7-0. Sunset Ridge Reconstruction Project: City Manager recommending award of the public improvement contract for the Sunset Ridge Reconstruction Project to Eastern Iowa Excavating and Concrete, LLC in the amount of $1,220,261.22. Motion by Connors to receive and file the documents and adopt Resolution No. 357-10 Awarding public improvement contract for the Sunset Ridge Reconstruction Project. Seconded by Jones. Motion carried 7-0. General Obligation Loan Notes: City Manager recommending acceptance of a proposal from U.S. Bank to purchase $2,850,000 General Obligation Capital Loan Notes with a fixed 1.49% interest rate, and a second Resolution approving and authorizing a form of loan agreement for the issuance of $2,850,000 General Obligation Capital Loan Notes, Series 2010F, and levying a tax to pay the notes. Motion by Connors to receive and file the documents and adopt Resolution No. 358-10 Directing the acceptance of a proposal to purchase $2,850,000 General Obligation Capital Loan Notes; and Resolution No. 359-10 Approving and authorizing a form of Loan Agreement and authorizing and providing for the issuance of $2,850,000 General Obligation Capital Loan Notes, Series 2010F, and levying a tax to pay the notes. Seconded by Voetberg. Motion carried 7-0. Keyline Rebranding Process: City Manager requesting City Council input to help identify the top five names in the Keyline Rebranding Process. Motion by Connors to receive and file the documents and approve the top five choices and add “Green Machine.” Seconded by Jones. Motion carried 6-1 with Resnick voting nay. Final Plat – Wingate Place #4: City Manager recommending approval of the final plat of Wingate Place #4 in the City of Dubuque. Motion by Jones to receive and file the documents and adopt Resolution No. 360-10 Approving the final plat of Wingate Place #4. Seconded by Braig. Motion carried 7-0. 2012 International Energy Conservation Code: City Manager recommending support for the adoption of the 2012 International Energy Conservation Code by the International Code Council. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. Environmental Stewardship Advisory Commission: Communication from Wayne Klostermann, Chair – Environmental Stewardship Advisory Commission, requesting that the 9 City encourage retailers not to use petroleum-based plastic bags and that the City adopt a policy of recommending the phasing out of the use of plastic bags. Motion by Connors to receive and file the documents and work toward phasing out the use of petroleum-based plastic bags no later than 2014. Seconded by Jones. Motion carried 6-1 with Resnick voting nay. Urban Conservation Program and Watershed Management Plan: Communication from Wayne Klostermann, Chair – Environmental Stewardship Advisory Commission, recommending that the City support and fund the Urban Conservation program and Watershed Management Plan for the Catfish Creek watershed basin. Motion by Lynch to receive and file the documents and refer to staff. Seconded by Braig. Motion carried 7-0. Air Service Support Request: City Manager recommending leveraging $150,000 revenue guarantee money as a match for a Federal/State Small Community Air Service Grant application with other partners to develop a pool of $856,045 to enhance air service, which could include a fourth flight. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0. th Five Flags Theater 100 Birthday Entryway Renovation Project – Phase 1: City Manager th recommending approval of the funding of Phase I of the Five Flags Theater 100 Birthday Entryway Renovations. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7-0. Revocable Permit – Art Pape Transfer, Inc.: City Manager recommending revocation of Ordinance No. 62-94 for Art Pape Transfer, Inc. to operate a private parking lot on City-owned property. 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 Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 52-10 Revoking the Revocable Permit granted by Ordinance No. 62-04 to Art Pape Transfer, Inc. to operate and th maintain a parking lot located on East 12 Street, just east of Highway 61/151. Seconded by Connors. Motion carried 7-0. City of Bellevue, Iowa: Communication from Mayor Virgil Murray, City of Bellevue, thanking the City Council for their efforts in the Sedgwick expansion project. Motion by Connors to receive and file the document. Seconded by Braig. Mayor Pro-Tem Braig read the letter into the record. Motion carried 7-0. Sister City Letter: Communication from Mayor Roy D. Buol to Mr. Wolfgang Rümmele, Mayor of Dornbirn, Austria, regarding a formal Sister City relationship. Motion by Voetberg to receive and file the document and approve the letter. At the Mayor’s request, City Council discussed the current format of the Sister City Committee and its membership. Consideration was given to a more formal structure and membership appointment process, which would include additional City staff and business partnerships. Council Members Lynch and Voetberg, who currently sit on the Sister City Committee, agreed to a review. Seconded by Resnick. Motion carried 7-0. 10 National League of Cities: Communication from the National League of Cities requesting that the City designate a voting delegate and alternate voting delegate for the upcoming National League of Cities Annual Business meeting on December 4, 2010. Motion by Lynch to receive and file the documents and appoint Mayor Buol and Council Member Connors as the voting delegate and alternate respectively. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Connors reported on the possibility of banning backyard recreational fires due to several complaints received. Jones added that the City has an ordinance that already regulates recreational fires and sees it as an enforcement issue. Voetberg added that the City’s geography aggravates the flow of smoke and a complaint process is already in place. Resnick reported on the need to solve traffic issues at N. Grandview Avenue and Clarke Drive related to Senior High School. PUBLIC INPUT Sgt. Lee Harlow Andre, 1175 Highland Place, addressed the Council regarding the pet park, but was gaveled off by Mayor Buol for making inappropriate remarks. There being no further business, upon motion the City Council adjourned at 9:00 p.m. /s/Jeanne F. Schneider, CMC City Clerk 1t 9/15 11