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Proof of Publication_City Council Proceedings 5 21 12CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special •session at 5:30 p.m. on May 21, 2012 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Jones, Lynch, Resnick, Sutton;, Assistant City Manager Steinhauser, City Attorney Lindahl Absent Connors Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting- a Work . session on the, Dubuque Regional Airport New Passenger - Terminal Facility. WORK SESSION Dubuque Regional Airport New Passenger Terminal Facility City of Dubuque Airport Manager Bob Grierson and Marty Johnson of Straka Johnson Architects provided a slide presentation on the proposed Regional Airport New Passenger Terminal Facility. • City Council dis- cussion included praise for the design of the new facility and the foresight for setting funds aside for the past years to pay for the facility, The funds will be collected as follows: $33.6 million from the Federal Aviation Administra- tion, $5.2 million from airport fees and $1 million will come from the State of Iowa. There being no further business, upon motion the City Council adjourned at 6:02 p.m- /s/Trish L. Gleason Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL • PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m: on May 21, 2012 in the Citizen Petition - Dogs in City Parks: Kate Lydon of FIDO Dubuque submitting a citizen petition to allow dogs in City Parks. Upon motion the document was received, filed and referred to the Park and Recreation Com- mission. Citizen Petition - Residential Parking Permit District Karen Leubka, 1160 Marjorie Circle, submitting a citizen petition on behalf of the residents of Amy Court and Lucy Drive requesting `an amendment to the residential parking permit district. Upon motion the document was received, filed and referred to City Manager. Dubuque County Historical Society HRDP Grant appli- cation: City Manager recommending appro- val for the City Manager to sign the ownership form in support of the Historic Resource Development Program grant appli- dation by the Dubuque County Historical Society for $8,600 in grant funds for , interior restoation project at the Mathias Ham House. Upon motion the documents were received, -filed and Resolution No. 125- 12 Authorizing HRDP Grant application to the State Historical Society of Iowa for the restoration project at Mathias Ham House historic site was adopted. Brownfield /Grayfield Application for Car - adco Landlord, LLC: City Manager recom- mending approval of a Brownfield /Grayfield Redevelopment- Tax Credit Application to the Iowa Economic Development Authority (IEDA), on behalf of Caradco Landlord, LLC. Upon motion the documents were received, filed and Resolution No. 126 -12 Approving the Brownfield /Grayfield Redevelopment Tax Credit application to the Iowa Economic Development Authority on behalf of Caradco Landlord, LLC was adopted. Delinquent Water, Sewer, Refuse and Stormwater Accounts: City Manager recom- mending approval to of Dubuque Industrial Center West Addition subject to waiving lot frontage for Lot 2. Upon motion the documents were received, filed and Resolution No. 128 -12 Approving the Plat of Survey Lot 1 and Lot 2, Dubuque Industrial Center West 9th Addition in City of Dubuque, Iowa was adopted. Plat of Survey - Bee Branch Subdivision No. 7: Zoning Advisory Commission recom- mending approval of the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 7 subject to waiving the lot area require- ment for Lot 2. Upon motion the documents were received, filed and Resolution No.129- 12 Approving the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No 7 in titj/ of Dubuque, Iowa was adopted. Plat of Survey - Bee Branch Subdivision No. 8: , Zoning - Advisory Commission recom- mending approval of the Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 8 subject to waiving lot frontage and lot area for Lot 2. Upon motion the • documents were received, filed and Resolution No.130 -12 Approving the Plat of Survey of Lot 1 and 2 of Bee Branch Subdivision No. 8 in City of Dubuque, Iowa was adopted. Signed Contracts: Celebration Belle River Boat Docking Agree- ment. Upon motion the documents were received and filed. Alcohol Compliance Civil Penalty for Alcohol License Hol- ders - Chopper's Bar: City Manager recom- mending approval of the Acknowledgment/ Settlement Agreement for an alcohol compliance violation for Chopper's Barg 601 Rhomberg Avenue. Upon motion the documents were received, filed, and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - Salsa's Mexican Restaurant: City Manager recom- mending approval of the Acknowledgment/ Settlement Agreement Motion carried 7 -0. Historic Preservation Commission: 1 three - year term through July 1, 2012 (Vacant at- large term of Knight) Applicant Otto Krue- ger, 2521 Wheatland Drive. Motion by Connors to appoint Otto Krueger to the Historic Preservation Commission for 1 three - year term through July 1, 2012. Seconded by Resnick. Motion car- ried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Request to Rezone - 3399 Eagle Point Drive from R -1 Single Family Residential District to AG Agricultural District as requested by Robert and Leann McDonald and the Zoning Ad- visory Commission recommending appro- val. 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. Sec- onded by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 33 -12 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying herein- after described pro- perty located at 3399 'Eagle Point Drive from R -1 Single- Family Resi- dential District to AG Agricultural District. Seconded- by Jones. Motion carried 7 -0. Request to Rezone - 890 Cedar Cross Road from CS - Service & Wholesale District to C- 3 General Commercial District as requested by Catherine George and the Zoning Advisory Commission recommending appro- val. 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. Sec- onded by Braig. Motion carried 7 -0. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 30, 2012, and for which the charge is $195.96. „r,,„ tJ,A, Subscribed to before me, .a)Notary Public in and for Dubuque County, Iowa, ,20/2.- this ,,gO day of otary Public in and for Dubuque County, Iowa. MARY K. WESTERMr ER r f.' S Commis ;Ion °1ur�i:�r iau i Inc: vuvuyue pity Council mat in regular session at 6:30 p.m; on May- 21,' 2012 in :?th Fustoric Federal Build' •Ing, 350)Al. 6th Street: Present:'Mayor_ Buol; Council Members BraiIg Connors, Ales, •` Lynlh,Resnick, Sutton; Assistant City Manager Steinhauser, City Attorney Lindahl. Mayor Buol read the call and stated this is a' regularl'session of the City Courtgi called for the purpose of. conducting such' business, that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMEN1 OF SILENCE PROCIA<MATION(NS)r; Ment4i`Health Month (Mays Q,1-- was accepted' .,b Jorgenserl, , V e- P d e n t Mental Health- America of Dubuque County. ' CONSENT ITEMS Motion 'by [ones td receive and file the documents, adopt the resolutions, -., and dispose of as indicated. Secondeq. by Braig. Motionrcarrled 7 -0. Minutes and, Reports Submitted: Citypoun- cii proceedings df 5/7 " and 5/8, Chili Service Co4mmission Minutes of '3/9, Housing Com- mission of 4 /17,'1iuman Rights Commission of 4/9, Investment Over- sight Advisory Com- mission of 4/25, Zoning Advigcry Commission of 5/2. Upon motion the docu�ments were received -and filed. Notice of Claims and Suits: Leann Marie Arlen for personal injury, Candace Briggs for •prgpetty _ damage, .J3rjan and ; Tracy .G agher -for prod arty age; Upon motion th do$Utnents. were ecdjge' `„_.filed and -4,to. City Bfsposiven -cif Clainjs: Olfy Attorney - advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assujt�r,ta�nce.Pool: Leann :'Mart. At'fen for personal Injury, Candace ' Briggs for property damage, Brian and Tracey Gallagher for property damage, David Jansen for, property damage. Upon motion the documents were re- ceived, flied and concurred. State Historical Society. of Iowa: Correspondence from the State Historical Society of Iowa informing the City that the Upper Central Avenue Commercial Historic District, 1460 1965 Central Avenue, will be considered by the State National Register Nominations Review Committee on, June 8, 2012 at the Dubuque Masonic Temple. Upon motion the document was received and filed. hewer reeruse one Storinwater Accounts: Djt yi Manager recom- Mer Ing • approval, to certify delinquent water, sewer, storm water and refuse charges -to the pubUque County Treasurer in order to establish real property liens for - collection of such' charg s. Upon motion the documents were received, filed and Resolution No.127- 12 Adopting , the Schedule of Assess- ments for delinquent water,, sewer, refuse and stormwater ac- counts and directing the City Clerk to certify the Schedule of Assessments to the bounty Tre surer and to ptiblisll• notice thereof was adopted. Enterprise Zone Commission - At -Large Appointments: City M(nager recommend - ng • City Council confirmation of Dan LoBianco, Doug Still - ings and Rick Stein for the three at -large positions to serve on the Enterprise Zone Commission. _. Upon motion the documents were received, filed, and' approved. Federal Emergency Management Agency (FEMA) - Flood Insurance Rate Map and Study: Corres- pondence from the Federal Emergency Management Agency (FEMA) transmitting preliminary copies of the Flood Insurance Rate Map ,,(FIRM), and Flood Insurance Study (FIS) report for Dubuque County and incorporated areas for review -and comment. Upon motion the documents were re- ceived, flied and referred' to City Manager. Federal Emergency Management Agency (FEMA) - Buyout Properties -Lien holder Search Agreement: City Manager recom- mending approval of the City of Dubuque's lien _ �- holder search agreement ' with Clemens, Waiters, Conlon & Meyer for the FEMA Buyout Pro- gram's Section 403 Immediate Threat Demolition program. Upon motion the documents were received, filed, and approved. Health Choices Administrative Ser- vices: City Manager recommending appro- val of the adminis- trative services fee presented by Health Choices of $20.10 per contract per month effective. July 2, 2012 through June 30, 2014. Upon motion the documents were received, flied, and approved. Plat of Survey - Dubuque Industrial Center West Addition: Zoning Advisory Com- mission recommending approval of the Plat of Survey for Lots 1 and 2 Lay manager recom- mending approval of the Acknowledgment/ Settlement Agreement for an alcohol compliance violation for Salsa's Mexican Restaurant, 1091 Main Street. Upon motion the documents were received, filed, and approved. Alcohol License Applications: City Man- ager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received, filed and Resolution No. 131 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the ipublic hearings. - as ndicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7 -0. Loras Parkway: City Manager recommend- ing that a - public hearing be set for June 4, 2012 to consider the plans and specifica- tions, form of contract, And estimated cost of the Loras Parkway Project. Upon motion the documents were received, flied and Resolution No. 132 -12 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing for June 4, 2012 on plans, specifications, form of contract, and estimated cost (Loras . Parkway Project, Iowa DOT Project No. TCSP- PA27 (003) - - 95 -31) was adopted. BOARDS/ COMMISSIONS Applicant Andrea Helgager, 40 Main Street was invited to address the City Council regarding her desire to serve on the following Commission; Human Rights Com- mission: one 3 -year term through January 1, 2013 (Vacant term of Ronek). She was not present. Appointments made at this meeting: Electrical Code Board: Two 3 -year terms through May 21, 2015 (Expiring terms of Schmidt and Uhlirch) Applicants: Robert Schmidt, 2184 Orchard Drive and Paul Uhirich, 489 plympic Heights Road. Motion by Braig to reappoint Robert Schmidt. and Paul Uhirich to the Electrical - Code Board for two 3- year terms through May 21, 2015. Sec- onded by Connors. WIIIGU a ia.a be suspended. Sec - onded by Braig. Motion carried 7 -0. Motion by Connors for final,,gonsideratlon and :passage df Ordinance No. 34 -12 Amending Title 16 of the City of Dubuque Code of - .Ordinances, Unified - Development Code, -byy reclassifying hereinaffe: dedcribed property locatat 890 Cedar Cross Road 'from CS Commercial Service and Wholesale District to 0 -3 General Commercial District Seconded by Jones.. Motion carried 7 -0, Upon motion the rules werer'einstated limiting-- discussion to the City Council. ACTION ITEMS: Adverts [Went of Bond Sal - Series 20120 anq,20412D: City Manager recommend- ing. approval-. of the advertisement for the sale of Taxable General Obligation Bonds Series 20120 and General Obligation Bonds Series 2012D and approval of the electronic bidding procedures. Motion by Jones to receive and file thedpoUments and adopt Resojution, No. 131 -12 -' Directing the, advertisement for sale, of $6,965,000 Taxable General - Obligatiojr Bonds, Series 2012C' and $7,595,000 General Obligation Bonds„ Series 2012D, ap -, proving , electronic, bidding procedures,' and - authorizing .distri'I button of a.Preliminary, Official ; Skterrient, Seconded - -51r, Kraig., Motion carried_7 0 COU - M CIL MBER R OO� 5; Council member, Sutton reported that, she will be speaking om May 24th at the Hope' House. There being no further business, upon, motion the City Council, adjourned at 6:54 p.m. /s/Trish L. Gleason. Assistant City Clerk; 1t 5/30 -