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10 17 11 Clerk's Skeleton Notes and Meeting CallTO: KEVIN S. FIRNSTAHL, CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, OCTOBER 17, 2011, AT 6:30 PM, IN THE HISTORIC FEDERAL BUILDING TO ACT UPON SUCH BUSINESS THAT MAY PROPERLY COME BEFORE THE COUNCIL. D ROY D. OL, MAYOR CONSENT ITEMS: PAGES 2 -5 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS //lay/4/1 Oeyhy7 The Dubuque City Council met it regular session on October 17, 2011 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street. 6i3 of Council Members Brig, Cq ors, Jor Lyp, Fj�cll< City Manager Van IjllRage �i, City Attorney Lidahl Present: Mayor Absent: Mayor Buol read the call and stated this is a regular session of the City Council to conduct such business that may properly come before the Council. Pledge of Allegiance Invocation Deacon Tim LoBianco, Resurrection Catholic Church 1. Dubuq PROCLAMATIONS e Miff ce, Day Oct 22, 2 Ito me (5- " J / 1I Veterans' Appreciation Month (November 2011) CONSENT ITEMS The consent agenda items are considered to be routine and non - controversial and are normally voted upon in a single motion without separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. Yays Resnick Sutton Nays Braig Buol Connors Jones Lynch ,6tt/ir- /4) 1. Minutes and Reports Submitted City Council of 10/3; Human Rights Commission of 8/10 and 9/28; Human Rights/Transit/Housing Summit of 8/15; Library Board of Trustees of 2/24, 3/24, 4/28, and 5/26; Zoning Advisory Commission of 10/5 Proof of publication for City Council Proceedings of September 19, 2011 Proof of publication for List of Claims and Summary of Revenues for month ended August 31, 2011. Suggested Disposition: Receive and File 2. Notice of Claims /Suits Claim by Jennifer Burkart for vehicle damage, Donald Miller for property damage, Dennis and Catherine Mohr for property damage, Rahkee Norman for vehicle damage, Rose Schaepe for vehicle damage, Ronald Schnee for personal injury/property damage, Chelsea Smith for vehicle damage, Terryl Stewart for vehicle damage, Brendan Quann for property damage Suggested Disposition: Receive and File; Refer to 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: Jennifer Burkart for vehicle damage, Donald Miller for property damage, Dennis and Catherine Mohr for property damage, Ronald Schnee for personal injury/property damage, Chelsea Smith for vehicle damage, Brendan Quann for property damage Suggested Disposition: Receive and File; Concur 3. 2011 Drain Tile Program City Manager recommending that the award for the 2011 Drain Tile Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Approve Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 2 4. Blanche Avenue Resurfacing Project City Manager recommending that the award for the Blanche Avenue Resurfacing Project be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Approve 5. Plat of Survey — Bee Branch Subdivision No 1 City Manager recommending approval of the Plats of Survey of Lots 1 -1, 2 -1, 1 -2 and 2- 2 of Bee Branch Subdivision No. 1. RESOLUTION Approving Plat of Survey of Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 1 in the City of Dubuque, Dubuque County, Iowa RESOLUTION Approving Plat of Survey of Lot 1 -2 and Lot 2 -2 of Bee Branch Subdivision No. 1 in t the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolutions 6. Sanitary Sewer Easement — Middle Fork Catfish Creek City Manager recommending acceptance of a sanitary sewer easement from Ricky Rhomberg for the Middle Fork Catfish Creek interceptor sewer (1572 Old Mill Road). f RESOLUTION Accepting the grant of an easement for sanitary sewer through, under and across parts of Lot 1 of Mineral Lot 7, Lot 1 of 1 and Lot 2 of Mineral Lot 512, Lot 10 of Mineral Lot 501, Lots 1, 2, 13 and 14 of Rockdale, and the north one - half and south one -half of a vacated street abutting Lots 1, 2, 13 and 14 of Rockdale and also abutting Lot 10 of Mineral Lot 501 all in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 3 7. Plat of Survey — Leibfried Place Zoning Advisory Commission recommending approval of the Plat of Survey for Leibfried Place (2304 and 2310 Eagle Street) as requested by Dan and Bernadette Leibfried. RESOLUTION 5 Approving the Plat of Survey of Leibfried Place in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 8. Plat of Survey -16th and Jackson Streets Zoning Advisory Commission recommending approval of the Plat of Survey for Lot 493 in the original town of Dubuque as requested by Richard Runde. RESOLUTION '.I Approving the Plat of Survey Plat of the Subdivision of City Lot 493 in the original town of Dubuque in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution 9. Plat of Survey — 340 Olympic Heights Zoning Advisory Commission recommending approval of the Plat of Survey for Gillespie's Third Addition (340 Olympic Heights) as requested by Allen Weber. RESOLUTION 3 Approving the Plat of Survey Lot 1 of Lot 1 and Lot 2 of Lot 1 of Gillespie's Third Addition in the City of Dubuque, Iowa 10. Trees Forever Grant Application — Street Tree Enhancement Project City Manager recommending approval of the submission of a $7,000 Trees Forever Grant application and the City's letter of support for the Street Tree Enhancement Project. RESOLUTIONSupport of Trees Forever application for funding for the Street Tree Enhancement Program Suggested Disposition: Receive and File; Adopt Resolution Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 4 11. Metz et al. vs. City of Dubuque City Attorney recommending approval of a Release and Settlement Agreement and authority for the City Manager to sign on behalf of the City. Suggested Disposition: Receive and File; Approve 12. Historic Preservation Commission Commissioner Michael Knight submitting his resignation from the Historic Preservation Commission. Suggested Disposition: Receive and File; Accept Resignation 13. Workers' Compensation Claims Administration City Manager recommending approval of the renewal rates for Alternative Services Concepts (ASC), the City's Worker's Compensation Claims Administrator effective October 1, 2011 through October 30, 2012. Suggested Disposition: Receive and File; Approve 14. Federal Emergency Management Agency (FEMA) Correspondence from the Department of Homeland Security's Federal Emergency Management Agency(FEMA) informing the City that the Dubuque Local Flood Protection Project Levee is in compliance with minimum certification requirements outlined in Title 44 of the Code of Federal Regulations. Suggested Disposition: Receive and File Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 5 15. Signed Contracts A) Tenth and Central Avenue Ramp Final Change Order 010 -PS, B) System Leak Detection contract with Westrum Leak Detection, Inc., C) Grand River Center Smart Electric Meter design documents with KJWW of Rock Island, IL, D) Vendor Service Agreement with RJN to conduct smoke testing near the Bee Branch and Sycamore Lift Station, E) Mutual Aid and Contingency Agreement — Dubuque County Emergency Medical Services Association Suggested Disposition: Receive and File WMK Investment Properties — Wild Rose Lane City Manager transmitting correspondence from WMK Investment Properties, Steve Wieland, Larry McDermott, and Ken Kress seeking a remedy to the speed limit and sight distance requirements for the entrance to Wild Rose Lane off Middle Road. Suggested Disposition: Receive and File 17. Water Meter Wireless Network Equipment License Agreement City Manager approval of an Amended Water Meter Wireless Network Equipment License Agreement with Dubuque Community Schools that will allow placement of a low power 900Mhz broad band access point at Table Mound Elementary School, along with cabling from that access point to the room where network equipment is located. �/ Suggested Disposition: Receive and File; Approve Nays y g C,T ki Pgb,- %/ d / / ? n it /.k O Resnick Sutton Braig Buol Connors V Jones Lynch 6 18. Liquor License Applications City Manager recommending approval of annual liquor license renewals as submitted. RESOLUTION — _,Granting the issuance of a Class "C" Beer /Liquor License to L. May Restaurant, Dog House Lounge, Bank Bar & Grille, Jumper's Sports Bar, Rainbow Lounge, Europa Haus & Bierstube, Channel Inn Restaurant; and a Class "C" Liquor License to Hu Hot Mongolian Grill RESOLUTION ? Granting the issuance of a Class "B" Beer Permit to Happy Joe's Ice Cream & Pizza Parlor Suggested Disposition: Receive and File; Adopt Resolutions Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch 7 ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. Yays Nays V 1, Resnick Sutton Braig Buol 1. Connors Jones Lynch Sale of Property — 2315 Jackson Street City Manager recommending setting a public hearing for November 7, 2011 to consider the sale of City -owned property located at 2315 Jackson Street to Raymond Pfeiffer for the purchase price of $74,000. RESOLUTION '36 Resolution of Intention to dispose of City -owned property, specifically, East'/ of Lot 24A in L.H. Langworthy Addition in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 2315 Jackson Street Suggested Disposition: Receive and File; Adopt Resolution; Public Hearing 11/7/11 8 BOARDS /COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards /Commissions; applicant appointments will be made at the next City Council meeting. Plumbing Code Board One 3 -year term through November 2, 2014 (expiring term of Willenborg) Applicant: Harlan Willenborg, 3254 Lake Ridge Drive Appointments to the following Boards /Commissions: Environmental Stewardship Advisory Commission One 3 -year term through October 1, 2014 (expiring term of Klostermann) Applicants: Wayne Klostermann, 2636 Queen Street Stacy Splittstoeser, 1694 Radford Road, #18,3 Yays Nays Resnick Sutton3 Braig i> Buol Jones j Conn° se. Lynchf -2 Long Range Planning Advisory Commission One 3 -year term through July 1, 2014 (vacant term of Braig) Applicant: Craig Beytien, 1091 Valentine Drive Yaysi Nays Resnick Sutton Braig Buol Connors Jones Lynch 9 PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. Nays Resnick Sutton Braig Buol Connors Jones Lynch Suspend the Readings sif,7 Nays Resnick Sutton Braig Buol Connors Jones Lynch 1. SUSPEND THE RULES Final Reading and Adopt Yaps Nays Resnick Sutton Braig Buol Connors Jones Lynch Request to Rezone — 901 Rhomberg Avenue a/,' ' /eG /1 Proof of publication on notice of public hearing to consider a request from Chad Hallahan to rezone property located at 901 Rhomberg Avenue from C -1 Neighborhood Commercial District to C -2 Neighborhood Shopping Center District and the Zoning Advisory Commission recommending approval. ORDINANCE i�'' i Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 901 Rhomberg Avenue from C -1 Neighborhood Commercial District to C -2 Neighborhood Shopping Center District Suggested Disposition: Receive and File; Motion B, Motion A b �� Mpae4 any, - M/kn � � '�r. iw/k fid Aih h Pri ,e( 11,4v * a /,ied; hvt 0%t? irfr - 11)7Z4- 2. Timber -Hyrst Place No. 3 Proof of publication of notice of public hearing to consider releasing the existing utility storm sewer and access easements on Lot 2 of Timber -Hyrst Place No. 3 and the City Manager recommending approval. RESOLUTION Disposing of City interest in an existing twenty -foot wide storm sewer and utility easement, and a 25 -foot wide access easement on Lot 2 of Timber - Hyrst Place No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution Nays Resnick Sutton Braig Buol Connors Jones Lynch 11 3. City Hall HVAC System Improvements Project Proof of publication of notice of public hearing to approve the plans, specifications, form of contract, and estimated cost for the City Hall HVAC System Improvements Project and the City Manager recommending approval. RESOLUTION Adopting plans and specifications form of contract and estimated cost for the ity Hall —HVAC System Improvements Project Suggested Disposition: Receive and File; Adopt Resolution Nays Resnick Sutton Braig Buol Connors Jones Lynch 1/17,-", i ,Gil OW Aii/c 1/14) ///)/a a.4)Av qk4 poi Atrf REINSTATE THE RULES This action limits discussion to the City Council. Yay j Nays Resnick ?/ Sutton V Braig 1/ Buol 1% Connors 1% Jones Lynch 12 41.f ACTION ITEMS These are items where discussion is held by the City Council — public comments are not allowed except as authorized by the Mayor. 1. Veteran's Freedom Cent (PULL ) Correspondence from the Board of Directors of the Veteran's Freedom Center requesting assistance from the City of Dubuque to secure a new location for the Veteran's Freedom Center. Suggested Disposition: Receive and File; Council 2. Greenhouse Gas Reduction 50% by 2030 — Phase II Correspondence from Jason Schatz of Green Dubuque requesting $40,000 in funding to support Phase II of the Greenhouse Gas Reduction 50% by 2030 Plan - Phase II. Suggested Disposition: Receive and File; Council Yays Nays Resnick Sutton Braig 2 / 1/679, Buol Connors Jones Lynch d/-/dc )7) 4/1* 4//// Rid( liziddidomi ?7- ex/ dez dik - ow," #77)0/ is 4,afidA A/(/., /4/6/ A171 ele /vu( gref one du"Cej 491/11-. iik17071/ )21) 41 ile*- 1e-a" 04/ *4)) 1'61' 13 2- AT/ - j *1'N? /1 tali/ #P/ di/ &dLU!l/q" g &WA, A7(ar�x /liLG ylar %141 yid 12)7-11(,17/146d ,07 PV4 Mfizhee*, /11-lifrQ,14t9 I7Z6, nizx fMJJ �/°, 5irruf rt ithaur T07, bn m22- / I/16 hz,WoW24/ 2� �1`mlu�/yjd,- d07�a/ WI 6,, s/i✓<ue G22-eiirr„4:i<c ,e,/fr alc/ 1(.4i/H4 Ae,k217 pyiogik/27 4,9frm yia2/ 3. Purchase of Service Agreements — Budget Process Correspondence from Council Member Karla Braig requesting City Council discussion on the budget process for purchase of services. g es ed is position: Receive and File; Council Y .' r - Nays Resnick V Sutton f/ Braig ix/ Buol (/ Connors ,.'Jones i/ Lynch ?lir-05'4*J voi# , h), Tag/7 Y.64 5 - h/1/04////(J 1/9°,0///62 i / / ' i. OTC Gd�i/0/9-/z-, frbt/� #fio A5I/4421.-edri2-, 0;fl4- e7teg /2*2- k/a0/40-17#4- Az/ ////,//4 itp/d iyl /5iin��G'�G���� 407/ Odiad, S/e) 4101,9LE- Ar4)-a. M1*-1 )61) ddaa 717- ktZdk Ifr/P 14120/19, 1,& err kdi Aye- &Y?1e4-- 1444 avm- 11.6 't/1/)w h'4e d/gehl i/t0 i71 /71-16--J Q / A i) 1‘/7"/ y /47e .4- "kJ/ 9° f/ Awf5-0) /4/4 /9ziai/#1/71-e gIj117 ma6rrd,/,/ /w/o 65/ in6k094z94- ifingillizenza01/gi-a 116vin- 'e/41leddiruu'in/bit�a AOuAY ft&r4771fl' i/01' COUNCIL MEMBER REPORTS /e it(,1-, 5/74 /g//9, m i9m),040, „5//)-<", 1711-w,4//74, 0/i-e7b/ok/ V/Iil . Oa Oa ilf-fA/>-// / / x / 0,47fr * ,,S,/a/1/67,016714t* 4,-0,a/daz- d i ilA ‘,/, 6 / 37/01 ,lidie */ e Sio- I) PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice equirements of the Iowa Open Meetings aw. 'd/° /1/11/W,‘"didf/Di/� e/20 .54A9-m/4, nYodke,‘, 4//jgoi Motion to adjourn at Yays Nays Resnick Sutton Braig Buol Connors Jones Lynch Kevin S. Firnstahl City Clerk 15