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7 2 12 Clerk's Skeleton Notes and Meeting Calla CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on July 2, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro -TeMI Jones; Council Members Fit4, Lyoz , Re',s�rf ck, City Manager V r Milligen, City Attorney Li dahl Absent: Mayor Buol; Council Members Connors and Sutton Mayor Pro -Tem Jones 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 Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE 0/8. iciaeb 4,4tee Yays Nays l/ Braig Buef s Jones IV-2Lynch Resnick Sutton CONSENT ITEMS y?) 1. Minutes and Reports Submitted City Council proceedings of 6/18 Proof of publication for City Council proceedings of 6/4 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Donna McKnight for property damage, North Grandview Estates, LLC /Richard Henkel vs. City of Dubuque for installation of streets, Tina Pfeiler for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney 3. Disposition of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Claim by Donna McKnight for property damage, claim by Tina Pfeiler for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Safe Community Advisory Committee Committee Member Amanda Elkins submitting her resignation from the Safe Community Advisory Committee. Suggested Disposition: Receive and File; Accept Resignation 5. Excess Worker's Compensation Insurance Renewal City Manager recommending approval of the Worker's Compensation Excess Insurance renewal with Safety National effective July 1, 2012 through June 30, 2013. Suggested Disposition: Receive and File; Approve 6. Mediacom Dubuque Digital Upgrade 2012 City Manager providing an update on Mediacom's continuing transition away from analog signals toward all digital television in Dubuque. Suggested Disposition: Receive and File 7. Hunter Equity, LLC / 2013 Dubuque, LLC (FedEx) City Manager recommending approval of a Consent and Subordination Agreement with CrossFirst Bank. Suggested Disposition: Receive and File; Approve 8. Kaufmann Avenue HMA Resurfacing - Project Acceptance City Manager is recommending acceptance of the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), as completed by Top Grade Excavating, Inc., in the final contract amount of $560,742.09. RESOLUTION /O1-'6,2-- Accepting the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U -2100 (662)- -70 -31 and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Sustainable Dubuque Project Status Update City Manager transmitting the monthly Sustainable Dubuque Project Status Update for June 2012. Suggested Disposition: Receive and File Yays Nays Braig B-uol Connors Jones Lynch Resnick Sutton 10. Mines of Spain Trail - State Recreation Trail Grant Application City Manager recommending approval to submit a 2012 State Recreational Trails grant application in the amount of $170,500 to the Iowa Department of Transportation for development of the Mines of Spain Trail and Trailhead Project. RESOLUTION / Authorizing State Recreational Trails Grant Application to Iowa Department of Transportation for development of the Mines of Spain Trail and Trailhead Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Code of Ordinances - Adoption of Supplement No. 9 City Clerk recommending adoption of Supplement No. 9 to the City of Dubuque Code of Ordinances, which adopts Ordinance Nos. 21 -12, 22 -12, 23 -12, 24 -12, 25 -12, 29 -12, 31 -12 and 32 -12. RESOLUTION Adopting Supplement No. 9 to the Code of Ordinances of the City of Dubuque, owa Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Homelessness Prevention and Rapid Re- Housing program (HPRP) Amendment City Manager recommending approval of Amendment Three to the Project Concern, Inc. Agreement for the Homelessness Prevention and Rapid Re- Housing Program. Suggested Disposition: Receive and File; Approve 13. Improvement Contracts / Performance, Payment and Maintenance Bonds Drew Cook & Sons Excavating for 2012 Brick Manhole Replacement Project No. 4; Horsfield Construction, Inc. for Ramona Street Panel Replacement Project; Winger Construction Company for deconstruction of 517 East 22nd Street Suggested Disposition: Receive and File Yays Nays Braig Buel Cops Jones Lynch Resnick Suften 14. Signed Contracts Racom Critical Communications for AVL Equipment Service Agreement and IP Video Service Support, Coca -Cola Beverage Agreement with the Leisure Services Department Suggested Disposition: Receive and File 15. Alcohol Compliance Civil Penalty for Alcohol License Holders - Baymont Inn & Suites City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Baymont Inn & Suites, 4025 McDonald Drive. Suggested Disposition: Receive and File; Approve 16. Alcohol and Tobacco License Applications Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. RESOLUTION 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 RESOLUTION f ) Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A. Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Braig B-uoI S Jones Lynch Resnick Sutton 17. WP Investments, LLC — Acceptance of Deeds City Attorney recommending the acceptance of deeds for two properties on 16th Street from WP Investments, LLC related to the Bee Branch Creek Restoration Project. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from WP Inves ments, LLC (East % of Lot 252) RESOLUTION / Accepting the deed to certain real estate in Dubuque County, Iowa from WP Investments, LLC (Tracs I, II & III) Suggested Disposition: Receive and File, Adopt Resolutions Yays Nays Braig Conners Jones Lynch Resnick Sutton ITEMS TO BE SET FOR PUBLIC HEARING 1. Theisen Supply, Inc. 2. Annexation Request - C3 Investments 3. Sewer Revenue Capital Loan Notes (Refunding Water Revenue Capital Loan Notes Series 2010C) 4. Sewer Revenue Capital Loan Notes (State Revolving Fund Sponsored Project) July 16, 2012 Yays Nays LV Braig BuoI Connor Jones V� Lynch 62. Resnick Sutton q-/6 1. Theisen Supply, Inc. City Manager recommending that a public hearing be re -set for July 16, 2012, to approve disposition of approximately 5.7 acres in the Dubuque Industrial Center West to Leo Theisen for the purpose of constructing an 80,000 square foot warehouse expansion. RESOLUTION Resolution of Intent to dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of The City Of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc. and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 7/16/12 2. Annexation Request - C3 Investments City Manager recommending that a public hearing be set for for July 16, 2012 on the annexation request of C3 Investments Trust for 0.063 acres of property on the south side of the City of Dubuque adjacent to Timber -Hyrst Subdivision. Suggested Disposition: Receive and File; Public Hearing 7/16/12 3. Sewer Revenue Capital Loan Notes (Refunding Water Revenue Capital Loan Notes Series 2010C) City Manager recommending that a public hearing be set for July 16, 2012 on the proposition of issuing not to exceed $3,058,000 in Clean Water State Revolving Fund Loan Notes to refund $3,058,000 Water Revenue Capital Loan Notes (Drinking Water State Revolving Loan Fund), Series 2010C for the City Wide Water Meter Replacement and Unmeasured Flow Reducer Installation Project. RESOLUTION /I' f Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes of City of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 7/16/12 4. Sewer Revenue Capital Loan Notes (State Revolving Fund Sponsored Project) City Manager recommending that a public hearing be set for July 16, 2012 on the proposition of issuing not to exceed $9,400,000 in Sewer Revenue Capital Loan Notes, (State Revolving Fund Sponsored Project). RESOLUTION JIL Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $9,400,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 7/16/12 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. 1. Building Code Boards of Appeals Two 3 -year term through August 1, 2015 (Expiring at -large term of Luchsinger and ADA term of Cruise) Applicants: Marla Cruise, 905 Rockdale Road (ADA Representative) Richard Luchsinger, 2875 Brueck Road (At- Large) 2. Zoning Board of Adjustment One 5 -year term through March 25, 2017 (Expiring terms of Gibbs) Applicant: William J. Gibbs, 440 S. Grandview Avenue This commission is subject to the State of Iowa Gender Balance Law. The vacancy has been posted for the required 90 days. l Yay, Nays V,2.- Braig Set Buot s Connors Jones V v / Jones ,/ / Lynch Sutton Resnick Sutton PH #1 Yays Nays V,2.- Braig Set s v Jones v / Lynch Resnick Sutton PUBLIC HEARINGS SUSPEND THE RULES ffbq 1. Holliday Third Addition - Vacate of Sanitary Sewer Proof of publication on notice of public hearing to consider request from James Kaune of IIW, PC requesting the vacating of a sanitary sewer easement in the Holliday Third Addition and the City Manager recommending approval. RESOLUTION 1 Disposing of City interest in a sanitary sewer easement over and across Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa RESOLUTION Release of sanitary sewer easement over and across Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 2. Holliday Third Addition - Vacate of Storm Sewer Easement Proof of publication on notice of public hearing to consider a request from Nick Lange of Buesing & Associates for the vacating and relocation of a storm sewer easement in the Holliday Third Addition and the City Manager recommending approval. RESOLUTION tni Approving plat of storm sewer easement RESOLUTION Disposing of City interest in a storm sewer easement on Lot 1 of Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa RESOLUTION �� Release of storm sewer easement over Lot 1 Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Braig Buei Connors v Jones Lynch tf02 Resnick Sutton /PIM 3. North End Trail Lighting Project Proof of publication on notice of public hearing to approve the plans and specifications, estimated cost and form of contract for the North End Trial Lighting Project and the City Manager recommending approval. RESOLUTION Approval of plans and specifications, form of contract and estimated cost for the North End Neighborhood Trial Lighting Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Braig Buel• Connors V Jones j/ Lynch >/e79,_ Resnick Sutton mod - m7-/v/iwar ��- *4)6 *glAcn &-6/ MY"( s4r /4, REINSTATE THE RULES This action limits discussion to the City Council. Yays Nays Braig Suet Conno FS 1/ Jones j/ Lynch Resnick Sutton o7/ 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. Request for Closed Session City Manager requesting a closed session for Monday, July 16, at 5:30 p.m. to discuss legal matters and rescheduling the tour of the Water & Resource Recovery Center that was scheduled for July 16, to Monday, August 20, at 4:30 p.m. Suggested Disposition: Receive and File; Council /d/ Sd- Yays Nays V Braig Suet Connors V Jones j Lynch Resnick Sutton H. COUNCIL MEMBER REPORTS .//-,P � �i 41// draw I. PUBLIC INPUT J. ADJOURNMENT Yays 1/,,7 Nays Braig BuoI Conn Jones Lynch Resnick Sutton