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10 7 13 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, October 7, 2013, at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pages 1 -4 oy D. Buol, Mayor o5) Oti CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 7, 2013 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor uol, Council Members Big, Co , Jo Lyti'ch, Rf k, efton; City Manag r n Milligen, City Atto ey Lindahl Mayor Buol read the call and stated this is a 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) 8)0.5/--gt 1. Arts and Humanities Month (October 2013) was accepted by ary Schoo, 75th Anniversary Day (October 19, 20 3) was a cepted by 3. Diversity Month (October 2013) was accepted by ake- a -W'll Month (Octob: r 013) was accepted by fiv tip 5. Trick -or -Treat Night (October 31, 2013) was accepted by P1//i7 1 CONSENT ITEMS Yays Nays Buol ,v/ Connors )// Jones 27/ Lynch L/ Resnick t% Sutton Braig 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 8/27; Cable TV Commission of 8/7; City Council proceedings of 9/16; Civil Service Commission of 8/23; Human Rights Commission of 8/12; Park and Recreation Advisory Commission of 9/11; Sister City Relationships Advisory Commission of 10/2; Proof of Publication for City Council proceedings of 9/3 and 9/16; Proof of Publication for Notice of Claims and Summary of Revenues for Month Ending 8/31 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Brian McNamara for vehicle damage; Mario Owens 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: Brian McNamara for vehicle damage and Mario Owens for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Dubuque Regional Airport - Acquisition of 8198 Jecklin Lane City Manager recommending approval of a resolution and correction deeds for the acquisition of real estate located at 8198 Jecklin Lane for the Dubuque Regional Airport Runway Safety Area Project. RESOLUTION 294 -13 Approving Correction Deeds for the acquisition of real estate located at 8198 Jecklin Lane, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 2 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 5. Leisure Services 2013 Sidewalk Installation Project - Area 1 McAleece /Admiral Sheehy Drive Project Acceptance City Manager recommending acceptance of the 2013 Leisure Services Sidewalk Installation Project — Area 1 McAleece /Admiral Sheehy Drive as completed by Tschiggfrie Excavating, Inc. RESOLUTION 295 -13 Accepting the 2013 Leisure Services Sidewalk Installation Project Area 1 McAleece /Admiral Sheehy Drive and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Express Scripts, Inc. Employer Participation Agreement City Manager recommending approval of the Employer Participation Agreement with Express Scripts, Inc., and authorization for the City Manager to sign the agreement. Suggested Disposition: Receive and File; Approve 7. Teamsters #120 (Bus Operators) - Amendment to Collective Bargaining Agreement City Manager recommending approval of an amendment to the Collective Bargaining Agreement with Teamsters Local Union No. 120 (Bus Operators). Suggested Disposition: Receive and File; Approve 8. DARE Agreement for Fiscal Year 2013 -2014 City Manager recommending approval of the Fiscal Year 2013 -2014 DARE Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Suggested Disposition: Receive and File; Approve 3 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 9. Civil Service Commission Civil Service Commission submitting the certified lists for the positions of Equipment Operator I, Equipment Operator II, and Recreation Program Supervisor Suggested Disposition: Receive and File; Make Matter of Record 10. Park and Recreation Advisory Commission Commissioner Chuck Harris submitting his resignation to the Park and Recreation Advisory Commission. Suggested Disposition: Receive and File; Accept Resignation 11. Zoning Advisory Commission Commissioner Charles Miller submitting his resignation from the Zoning Advisory Commission. Suggested Disposition: Receive and File; Accept Resignation 12. Zoning Board of Adjustment Communication from Zoning Board of Adjustment requesting City Council approval to appoint Commissioner Heath Hutchinson as a representative to the Airport Zoning Board of Adjustment. Suggested Disposition: Receive and File; Approve 13. Shelter Plus Continuum of Care Fiscal Year 21011Grant City Manager recommending authorization for the Mayor to sign documents to close out the Fiscal Year 2011 Shelter Plus Care Grant. Suggested Disposition: Receive and File; Approve 4 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 14. Iowa DOT InterCity Bus Assistance Program City Manager recommending approval of the submission of a re- application to the InterCity Bus Assistance Program and authorizing resolution. Suggested Disposition: Receive and File; Approve 15. Westbrook Subdivision and Westbrook Subdivision No. 2 - Acceptance of Stormwater Detention Facilities City Manager recommending acceptance of the detention facilities and stormwater detention lots that the developer, Callahan Construction, Inc., has completed and is dedicating in Westbrook Subdivision and Westbrook Subdivision No. 2. RESOLUTION 296 -13 Accepting stormwater detention facilities and a deed to Lots B, C, & D in Westbrook Subdivision and Lots 0 & P in Westbrook Subdivision No. 2, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 16. Dubuque Golf & Country Club Property Tax Appeal City Attorney recommending approval of a Stipulation of Settlement Agreement for a property tax appeal from the Dubuque Golf & Country Club. Suggested Disposition: Receive and File; Approve 17. Iowa Mississippi River Parkway Commission Chairperson John Goodmann submitting the 2012 -2013 Annual Report for the Iowa Mississippi River Parkway Commission. Suggested Disposition: Receive and File 5 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 18. Iowa Economic Development Authority - Sole Source Procurement Correspondence from the Iowa Economic Development Authority (IEDA) approving a request by the City of Dubuque to use the solesource method of procurement to select the University of Northern Iowa GeoTree GIS Team for a proposed watershed planning model. Suggested Disposition: Receive and File 19. Iowa Department of Natural Resources - Clean Water State Revolving Fund Correspondence from the Iowa Department of Natural Resources confirming the update to the City of Dubuque's Clean Water State Revolving Fund application and estimated loan request for the Upper Bee Branch Creek Restoration Project. Suggested Disposition: Receive and File 20. Improvement Contracts and Maintenance Bonds Dubuque Barge & Fleeting (DBA Newt Marine Service) for the Purina Drive Barge Dock Maintenance Project Suggested Disposition: Receive and File; Approve 21. Alcohol Compliance Civil Penalty for Alcohol License Holders — 920 Main Street City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for 920 Main Street. Suggested Disposition: Receive and File; Approve 22. Alcohol Compliance Civil Penalty for Alcohol License Holders — Jumpers Sports Bar & Grill City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Jumpers Sports Bar & Grill, 2600 Dodge Street. Suggested Disposition: Receive and File; Approve 6 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Gin Rickey's Bar City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Gin Rickey's Bar, 1447 Central Avenue. Suggested Disposition: Receive and File; Approve 24. Business License Refund Request from Geneva Ginter for a refund of the liquor license for West Dubuque Tap in the amount of $422.50. Suggested Disposition: Receive and File; Approve 25. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. RESOLUTION 297 -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 RESOLUTION 298 -13 Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) 7 BOARDS /COMMISSIONS Appointments to the following commissions to be made at this meeting: 1. Airport Commission 2. Environmental Stewardship Advisory Commission Adult and Youth positions 1. Airport Commission Two, 4 -year terms through September 14, 2017 (Expiring terms of Brotherton and Santillo) Applicants: R.J. Blocker, 880 Kane St. - Douglas Brotherton, 2823 Hickory Hill o-ehris Even, 120 S. Grandview Dan Nicholson, 889 Walker St. G. Scott Yaunches, 2670 Marywood Dr. This commission is subject to the State of Iowa Gender Balance Law. Total commissioners: 5; Currently 4 males /1 female 8 Blocker Brotherton Even Nicholson Paunches Buol y' / Connors / / Jones / / Lynch / Resnick / / Sutton / / Braig / 8 2. Environmental Stewardship Advisory Commission (Adult & Youth Appointments) Three, 3 -year terms through October 1, 2016 (Expiring terms of Buelow, Oberdoerster, and Sinha). Applicants: Michael Buelow, 2131 Graham Cr. Chad Oberdoerster, 420 Summit St. Aditi Sinha, 900 S. Grandview Ave. Yays Nays 1/ Buol 1/ Connors L/ Jones Lynch ,/ Resnick ✓ Sutton 1// Braig 3. Youth Appointment One, 3 -year Youth term through June 1, 2016 (Vacant term of Miller) Applicant: Kyle Leytem. 1235 Valentine Dr. Yays Nays 1/ Buol Connors ✓�- Jones Lynch Resnick Sutton IV/ Braig 9 /5/ ACTION ITEMS 1. Citizen Correspondence - Pedestrian Crossing at NW Arterial and Pennsylvania Avenue Correspondence from Deborah Borley, 1809 Glenwood Court requesting to address the City Council regarding a pedestrian crossing at the intersection of NW Arterial. Suggested Disposition: Receive and File; Refer to City Manager Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 4Vs mi*/ //,(g 10 2. Five Flags Management Agreement Extension with SMG City Manager recommending approval of the Third Amendment to the Management Agreement with SMG for management of the Five Flags Center for the period July 1, 2014 to June 30, 2019 and the use of capital investment funds. RESOLUTION 299 -13 Approving the Third Amendment to the Management Agreement between the City of Dubuque, Iowa, and SMG Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Buol Connors Jones Lynch ,/ Resnick Sutton Braig - lamoi/didleiepz- /ria-ludaid*iepa- a#, 11 3. School Resource Officer (SRO) Agreement City Manager recommending approval of the School Resource Office (SRO) agreement with the Dubuque Community School District for school year 2013 -2014. Suggested Disposition: Receive and File; Approve Yays Nays 1/ Buol 1/ Connors 14 Jones V Lynch L/ Resnick V Sutton Braig Ron 12 4. Nightrider /College Partnership ICAAP Funding Grant Application City Manager recommending approval of a Clean Air Attainment Program Grant to continue the Nightrider /College Partnership project for a third year. RESOLUTION 300 -13 Endorsing the submission of an Iowa Clean Attainment Program (ICAAP) Grant Application to the Iowa Department of Transportation to fund the Nightrider Route Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Buol Connors 0 Jones Lynch Resnick Sutton 1/ Braig /Rio t&-zi of,L47-iffi;c 13 COUNCIL MEMBER REPORTS ai,,,af 9-0 PUBLIC INPUT 067" IA1/44/ ,,e/>5/1 *14 a/0120i dAtitt"--144/619 eidr /D &) 26, 1/,.4 CLOSED SESSION: Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa and Collective Bargaining Strategy - Chapter 20.17(3) Code of Iowa Yays Nays 1/ Buol Buol Connors ' Jones p - Lynch Resnick Lynch Sutton Resnick Braig ADJOURNMENT D Ps&' Yays Nays Buol Connors Jones Lynch ,/ Resnick / Sutton ✓ Braig 14 /f) 10/te/ Aff6a, / ,a0(//3 /skk -/;1-'/Alf-/e4 I/4 4///4 -Fo/1i -iii � ififW