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9 3 13 Clerk's Skeleton Notes and Meeting CallsCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on September 3, 2013 2013 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor B RCouncil Members Et Cof Jon- es Lyr ch Re6ck , Son; City Manager VMilligen, City Atto ey Lindahl 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 Human Rights Department. WORK SESSION Human Rights Department 41/0/5/w There being no further business upon motion the City Council adjourned a 1t 9/11 Yays Nays I/1 Braig // Buol f/c9. Connors Jones L/ Lynch r/ Resnick Sutton /s /Kevin S. Firnstahl, CMC City Clerk 1 .m. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on September 3, 2013 2013 in the Historic Federal Building, 350 W. 6th Street. resent: Mayors ol; Council Members bir is g, Cor�'nors, Jo es, Lyr%h, Renick, utton; City Managel/r V a n Milligen, City Attorney dahl Attorney Buol read the call and stated this is a-s ecal 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) 1. Anti - Bullying Awareness Day (September 14, 2013) 2. Dubuque Oktoberfest Day (September 14, 2013) /� / �'v° 3. Voices from the Warehouse Days (September 7 - Octob r 4, 2013 i 4. Barbershop Harmony Week (September 14 -21, 2013) 47/1 5. Life Insurance Awareness Month (September 2013) 5 -&h" b,4/ / 0�����d 6. Drive the Great River Road Anniversary Month (September 2013) % i9,%L°2 �/7� 7/1 CONSENT ITEMS Yays Nays L/Braig VBuol V6onnors Jones Lynch 1/ Resnick Sutton 1. Minutes and Reports Submitted City Council proceedings of August 19, 20 & 21; Community Development Advisory Commission of 7/23; Housing Commission of 7/23 and 7/31; Library Board of Trustees of 7/25; Zoning Board of Adjustment of 8/22; Proof of Publication for City Council proceedings of 8/5 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Joanne Gassman for vehicle damage, Deb Lynch 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: Joanne Gassman for vehicle damage; Deb Lynch for vehicle damage Suggested Disposition: Receive and File; Concur 4. AmeriCorps Partners in Learning Grant Award 12 -13 (Grant 12- AC -13) City Manager recommending approval of the grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque AmeriCorps Program. Suggested Disposition: Receive and File; Approve 5. Consent Decree Semiannual Report City Manager recommending certification of the September 30th Semi Annual Consent Decree Report to be submitted to the U.S. Department of Justice, U.S. EPA and the Iowa Department of Natural Resources. Suggested Disposition: Receive and File; Approve 3 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 6. Childhood Lead Poisoning Prevention Agreements City Manager recommending approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program and a renewed agreement with the Visiting Nurse Association for services related to the Childhood Lead Poisoning Prevention Program and Healthy Homes Program. Suggested Disposition: Receive and File; Approve 7. Lease Property Platting at East 16th Street and Kerper Blvd (Bee Branch Subdivision No. 2) City Manager recommending approval of the Plat of Survey for Lot 1 -1 and 2 -1 of Bee Branch Subdivision No. 2 in order to establish the boundaries and acreage of a lease property at East 16th Street and Kerper Boulevard. RESOLUTION 276 -13 Approving Plat of Survey of Lot 1 -1 and Lot 2 -1 of Bee Branch Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Sidewalk Installation Project - Area 2 McAleece / Admiral Sheehy Drive Project Acceptance City Manager recommending acceptance of the 2013 Leisure Services Sidewalk Installation Project — Area 2 McAleece /Admiral Sheehy Drive, as completed by Skyline Construction, and authorizing payment to the contractor in that amount. RESOLUTION 277 -13 Accepting the 2013 Leisure Services Sidewalk Installation Project Ares 2 McAleece /Admiral Sheehy Drive and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 9. ECIA Contract Amendment No. 3 - Linseed Oil Paintworks Company Building City Manager recommending approval of an amendment to the contract with East Central Intergovernmental Association (ECIA) to assist the City with grant administration for the amended Community Development Block Grant (CDBG) Disaster Recovery Fund Contract, from the Iowa Economic Development Authority, associated with the recent commitment for redevelopment of the Linseed Oil Paintworks Company Building. RESOLUTION 278 -13 Resolution of the City of Dubuque approving Amendment Number 3 for project administration to East Central Intergovernmental Association for Community Development Block Grant, Housing Disaster Recovery Fund Contract, #08- DRH -212, between the City of Dubuque and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) 10. City of Peosta - Agreement for Relocation and Expansion of TriState Quality Metals City Manager recommending approval of an agreement with the City of Peosta concerning the expansion of TriState Quality Metals. RESOLUTION 279 -13 Authorizing the approval and execution of an agreement between the City of Peosta, Iowa and the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Geologic Computer Systems, Inc. City Attorney recommending approval of an Agreement for Reimbursement of Costs and Release Agreement for legal action associated with the purchase of copyrighted GeoSite software for the Dubuque Metropolitan Area Solid Waste Agency. Suggested Disposition: Receive and File; Approve 5 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 12. Airport Commission Commissioner Michael A. Santillo submitting his resignation from the Airport Commission. Suggested Disposition: Receive and File; Accept Resignation 13. Westbrook Subdivision No. 2 - Acceptance of Warranty Deed City Manager recommending acceptance of the Warranty Deed to the open space lot that the developer, Callahan Construction, Inc., is dedicating to the City in Westbrook Subdivision No. 2. RESOLUTION 280 -13 Accepting a Deed to Lot R in Westbrook Subdivision No. 2 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 14. 2013 Justice Assistance Grant (JAG) Grant Acceptance City Manager recommending approval to accept the 2013 Justice Assistance Grant (JAG) award in the amount of $26,580 from the Edward Byrne Memorial Assistance Grant program and authorize the signing of the award document and special conditions. Suggested Disposition: Receive and File; Approve 15. Mediacom Communications Company Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing the City of programming changes beginning August 30, 2013. Suggested Disposition: Receive and File 6 Yays Nays Braig Buol Connors Jones Lynch Resnick Sutton 16. Improvement Contracts and Maintenance Bonds Horsfield Construction, Inc. for the Dubuque Industrial Center South PCC Paving and Utilities Project 2013; Iowa Department of Transportation contract with Horsfield Construction, Inc. for the Elm Street Reconstruction 9th -12th Sts. Project; Portzen Construction for the 9th and 11th Street One -Way to Two -Way Conversion Project; Ted Stackis Construction for deconstruction of 2425 Washington Street property Suggested Disposition: Receive and File; Approve 17. Signed Contracts Iowa Department of Transportation Supplemental Agreement (Lighting) for maintenance of primary roads (US 52/61/151and US 3 /US 52) Suggested Disposition: Receive and File 18. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION 281 -13 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 Suggested Disposition: Receive and File; Adopt Resolution(s) 7 BOARDS /COMMISSIONS 1. Community Development Advisory Commission One 3 -year term through February 15, 2015 (Vacant term of Rathje) Applicant: Angela Kelley, 205 Bluff St. Apt 2E 2. Zoning Advisory Commission One 3 -year term through July 1, 2016 (Expired term of Bird) Applicant: Michael Belmont, 222 Dillion St. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 5 males /1 female Appointments to the following commissions to be made at this meeting: 3. Zoning Board of Adjustment One 5 -year term through March 25, 2016 (At -will term of Klauer) Applicant: Jonathan McCoy, 263 Main St. Yays Nays j� Braig Buol Vv2 Connors Jones j/ Lynch Resnick )7 Sutton Suspend the Rules Yays Nays Nays V Braig V- f/ Buol j/ vaZ Connors a/i V'/ Jones Lynch Lynch 1✓ Resnick 1V 1/ Sutton PUBLIC HEARINGS SUSPEND THE RULES Public Hearing #1 Yays Nays Nays j/ Braig V- 4/ Buol j/ vaZ Connors a/i 17` Jones Lynch Lynch Resnick Resnick 1V Sutton Sutton 1. Fiscal Year 2014 Budget Amendment No 1. Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2014 Budget Amendment No. 1 and the City Manager recommending approval. RESOLUTION 282 -13 Amending the current budget for the Fiscal Year 2014 Suggested Disposition: Receive and File; Adopt Resolution(s) */* REINSTATE THE RULES Yays Nays L/ Braig V- Buol j/ Connors a/i Jones Lynch Resnick 1V Sutton 9 ACTION ITEMS 1. Code of Ordinances Title 16 Unified Development Code Amendment - Home - Based Businesses (Second Reading) Second reading of a request by Beverly Knockel to amend Section 7 -1.3 of the City of Dubuque's Unified Development Code to add firearm sales to the list of prohibited home -based businesses and the Zoning Advisory Commission recommending approval. Communication from the Planning Services Department Citizen Petition submitted by Kristy and Tait Lunceford Citizen Correspondence received since the August 19, 2013 Public Hearing ORDINANCE Amending City of Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 7 Supplemental Use Regulations Section 7 -1.3 Prohibited Home -Based Business Uses to add firearm sales as a prohibited home -based business Suggested Disposition: Receive and File; Motion B; Mo on A — nr..UUi - l'1�iiii. • Ui►YU�tQ. -.Sam . g6 Y s Nays Braig uol 1 Co ors Jones Lynch Resnick Sutton Yays Itrte AI NMI I- Braig Buol Connors Jones Lynch Resnick Sutton Nays ///w/f/gfriz/ .4//7z /-f%. AM/67/, 10 2. Greater Dubuque Development Corporation - Quarterly Update President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque Development Corporation. Suggested Disposition: Receive and File Yays Nays LV Braig LV Buol Connors Jones p/ Lynch Resnick Sutton 1&,/,-/frin tkeil fj. (.4024 /7e 6-.0 ,) 'd A 47/ it9 A2,0 m ifizeP-Af id//0-fr5 fic-(4p,/ Ailtize#4#0i‘l- Oivr/lm d&sei4k4 *a ✓�lala>� - iey/d/e/r/e 4/47 4/4,7-/~-1b144 n7d4/- s/zim 11 3. Pre - Annexation Agreement - Truck Country City Manager recommending approval of a Pre - Annexation Agreement with McCoy Family Properties and Truck Country of Iowa, Inc., for property located at 10785 Route 61, Dubuque, Iowa, which facilitates the extension of water and sanitary sewer to service Truck Country's site prior to its annexation and rezoning. Suggested Disposition: Receive and File; Approve Yays Nays j/ Braig f/ Buol V Connors Jones Lynch f/ Resnick I/ Sutton Ou/fri 12 4. Fund Reserve Policies City Manager recommending approval of Fund Reserve Policies. Suggested Disposition: Receive and File; Approve Yays Nays Braig Buol 1/1 Connors Jones 1% Lynch V Resnick i/ Sutton 9/-7 lom dief„(/- oe/oie 1-7,/4-07, ./ifrif 1% s/g/7ipar, „7ePc,*m /34,0,e7 „7/0,/i*ze/iii* ).4 )*,frocgdaly* Z8diddo 417 90/rU/✓zy ''///,,6cAac/47,26.474- 4-k4 ckii%/7/(6.4 5. Sustainable Neighborhood Builders, Inc., Housing Enterprise Agreement Amendment City Manager recommending concurrence with the Enterprise Zone Commission approval and execution of Contract Amendment Number 1, and authorizing the Mayor to execute Contract Amendment Number 2 to the Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City and Sustainable Neighborhood Builders, Inc. RESOLUTION 283 -13 Providing concurrence to Enterprise Zone Commission approval of Contract Amendment Number 1 to Enterprise Zone Agreement Number 09 -HEZ -051 while approving the application for Contract Amendment Number 2 to Enterprise Zone Agreement Number 09 -HEZ -051 and authorizing the Mayor to execute Amendment Number 2 upon receipt of contract documents from the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays j,/ Braig J., Buol (/ / Connors l, Jones Lynch V Resnick Sutton /7,rne drb14-z-- Oiv/i/(//i07- 1.9i/zi > r�Zv'r�/- //,,4 /4-r //g/ gal /,,fa/ *14////*/,,,, 14 H. COUNCIL MEMBER REPORTS s. h(t PAS, AZ/AiMe) I. ' ' %�� � � y t — &if/mil/4f b7- ./".A4 yofwie, . CLOSED SESSION: P ding Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa Yays Nays raig Con ors Jones Lynch Resnick Sutton K. ADJOURNMENT: Yays Nays VBraig V Buol V� Connors Jones Lynch t/ Resnick V Sutton 9� )/73 /077, i,iro�a #70- Avkiw 4V3 15 1 ///Zd kik/e?" 4 .)7? /%e/./ 07,d44- i7�f