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10 21 13 City Council AgendaROLL CALL ORDER FOR MEETING OF 10/21/2013 Buol, Connors, Jones, Lynch, Resnick, Sutton, Braig CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building 350 W. fith Street October 21, 2013 Council meetings are video streamed live and archived at www.citvofdubuaue.ora /media and on Dubuque's CityChannel on the Mediacom cable system at Channel8 (analog) and 85.2 (digital). WORK SESSION 4:30 PM Tour of the Dubuque Regional Airport New Terminal Project Jet Center Building -11000 Airport Road REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Andrew Connolly Make -a- Difference Day (October 26, 2013) Andrew Connollv M ake- a- Difference Day P rodamattoR PRESENTATION(S) 1. ICMA International Sustainability Fellows Program Introduction ofYigang Feng of Hunan Province, China; and Peter Ridge of Palmerston North, New Zealand CONSENT ITEMS The consent agenda items are considered to be routine and non - controversial and all consent itemswill be normally voted upon in a single motion without any separate discussion on a particular item. If youwould liketo discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the itemyou would like removedfromthe Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted Cable TV Commission of 914; City Council proceedings of 1017; Library Board of Trustees of 8122 and 9/26; Zoning Advisory Commission of 1012; Zoning Board of Adjustment of 9/26 Suggested Disposition: Receive and File Cable TV 9/4 City Council Proceedings 10/7 Library Board 8/22 Library Board 9/26 Zoning Advisory 10/2 Zoning Board of Adiustment 2. Notice of Claims and Suits Resurrection Church for property damage; Aaron Walling forvehicle damage; Walter Womack for lost wages Suggested Disposition: Receive and File; Refer to City Attorney Resurrection Claim Womack Claim Walling Claim, 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 CommunitiesAssurance Pool Walter Womack for lost wages Suggested Disposition: Receive and File; Concur ICAP Claim 4. Managing Underwriter Services Cily Manager recommending approval of the selection of R.W. Baird for managing underwriting services. Suggested Disposition: Receive and File; Approve Managing Underwriter Recommendation - MVM Memo, Staff Memo, Piper Jaffrav Letter, 5. Dodds River Terminal, Inc. Quit Claim Deed City Attorney recommending approval of the settlement and accepting of the quit claim deed from Dodds River Terminal, Inc. RESOLUTION Accepting the deed to certain real estate in Dubuque County, Iowa from Dodds River Terminal, Inc. Suggested Disposition: Receive and File; Approve Staff Memo Resolution, Quit Claim Deed, 6. Novelty Iron, Landlord, LLC - Collateral Assignment of Development Agreement City Manager recommending approval of a Collateral Assignment of Development Agreement from Novelty Iron Landlord LLC to The National Bank out of Bedttendorf. RESOLUTION Approving the Collateral Assignment of Development Agreement between the City of Dubuque, Iowa, Novelty Iron Landlord LLC, and the National Bank Suggested Disposition: Receive and File; Adopt Resolution(s) Collateral Assignment of Agreement from Novelty Iron Landlord LLC. to the National Bank- MVM Memo, Staff Memo, Resolution, Ltr from Warehouse Trust, Assignment of Development Agreement, 7. E.B. Lyons Interpretive Area - Land and Water Conservation Fund Grant City Manager recommending approval of the Land and Water Conservation Fund Grant Agreement with the Iowa Department of Natural Resources to assist with land acquisition and development of the E.B. Lyons Interpretive Area Expansion at the Mines of Spain Recreation Area. RESOLUTION Authorizing Land and Water Conservation Fund Grant Agreement with Iowa Department of Natural Resources for Acquisition and Development of E.B. Lyons Interpretive Area Expansion at the Mines of Spain State Recreation Area Suggested Disposition: Receive and File; Adopt Resolution(s) LWCF Grant Agreement for E.B. Lyons Interpretive Area -MVM Memo, Staff Memo, Resolution Grant agreement, 8. Final Plat - Pine Knoll Subdivision (Katrina Circle) Zoning Advisory Commission recommending approval of the Final Plat for Pine Knoll Subdivision subject to waiving the lot frontage requirement for Lots 3, 4, and 5. RESOLUTION Approving the Final Plat of Pine Knoll Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Commission Letter, Applicant Materials, Staff Materials, Resolution, 9. Asbury Tank Reconditioning Project Acceptance City Manager recommending acceptance of the construction contract for the reconditioning of the Asbury Tank Reconditioning Project, as completed by Classic Protective Coatings. RESOLUTION Accepting the Asbury Tank Reconditioning Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Asbury Tank Reconditioning ProiectAcceptance -MVM Memo Final Acceptance Memo, Resolution Statement of Completion Final Pay Application, 10. Zoning Advisory Commission Communication from Zoning Advisory Commission requesting City Council approval to appoint Commissioner Michael Belmont as a representative to the Airport Zoning Advisory Commission. Suggested Disposition: Receive and File; Approve ZAC Letter, 11. Alternative Services Concepts Renewal Rates City Manager recommending approval of the renewal rates from Alternative Services Concepts for services related to the administration of the City's Worker's Compensation Program effective October 1, 2013 through September 30, 2014. Suggested Disposition: Receive and File; Approve Alternative Services Concepts Renewal Rates -MVM Memo, Staff Memo, ASC Proposal, 12. Supplemental Environmental Project (SEP) Completion Report City Manager recommending approval to certify and submit the City of Dubuque's Supplemental Environmental Project Completion Report to the U.S. Department of Justice, US Environmental Protection Agency and the Iowa Department of Natural Resources. Suggested Disposition: Receive and File SEP Green Alley Completion Report-MVM Memo, Staff Memo, SEP Completion Report , 13. Rainbo Oil Co. (DBA Kwik Stop C- Stores) - First Amendment to Lease Agreement City Manager recommending approval of the First Amendment to the Lease Agreement with Rainbo Oil Co., dib /a Kwik Stop C- Stores for a portion of the 16th Street corridor property. RESOLUTION Approving the First Amendment to the Lease Agreement between the City of Dubuque, Iowa and Rainbo Oil, Co. DBA Kwik Stop C- Stores Suggested Disposition: Receive and File; Adopt Resolution(s) First Amendment to Lease Agreement with Rainbo Oil Co -MVM Memo, Staff Memo, Resolution Amendment 14. Appeal of Claim - Shirley Wiegand City Attorney recommending denial of a claim by Shirley Wiegand for property damage. Suggested Disposition: Receive and File; Approve Staff Memo, 15. Ellyn Bechen et al. vs. City of Dubuque and Dubuque Racing Association, LTD City Attorney submitting a Dismissal with Prejudice related to the Ellyn Bechen et al. vs. City of Dubuque and Dubuque Racing Association, LTD lawsuit. Suggested Disposition: Receive and File Staff Memo, Dismissal With Prejudice, 16. Nicholas Steffen vs. City of Dubuque et al. City Attorney submitting a Stipulated Dismissal with Prejudice and executed Release related to the Nicholas Steffen vs. City of Dubuque et al law suit. Suggested Disposition: Receive and File Staff Memo Reddick Letter Stipulated Dismissal, Release 17. PEG Capital Expenditure Request City Manager recommending approval of the Cable TV Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the University of Dubuque to purchase a portable video switcher to enable on- location multi- camera productions. Suggested Disposition: Receive and File; Approve PEG Capital Expenditure Request -MVM Memo, Staff Memo , PEG Grant Application, 18. Iowa Department of Public Health Third -Party Agreement City Manager recommending approval of a Third Party Network Agreement in order to use the Healthy Homes Lead Poisoning Surveillance System for the Healthy Homes and Childhood Lead Poisoning Prevention Programs. Suggested Disposition: Receive and File; Approve Third Party Agreement with Iowa Department of Public Health -MVM Memo Staff Memo Third Party Agreement- City of Dubuque, Attachment for Third Party Network Agreement, 19. Mediacom Communications Company Communication from Mediacom Communications Company advising the City of programming changes on or about October 28, 2013. Suggested Disposition: Receive and File MCC Letter, 20. Dubuque Main Street - Main Street Iowa 2013 Challenge Grant City Manager recommending approval of an endorsement of the Dubuque Main Street application to the Iowa Economic Development Authority for a 2013 Main Street Iowa Challenge Grant. Suggested Disposition: Receive and File; Approve Dubuque Main Street Request to Endorse Application for Iowa Challenge Grant -MVM Memo, DMS Letter, City / DMS Endorsement Letter, 2013 Challenge Grant Guidelines and Terms, 21. Signed Contracts CEC Contract for technology support in the Port of Dubuque; Neumann Monson contract amendment for the Intermodal Transportation Center; Strand Associates Amendment No. 6 for Construction Services related to the W &RRC Modification Project Suggested Disposition: Receive and File CEC Contract Neumann Monson Contract Amendment, Strand Associates Contract, 22. Improvement Contracts and Maintenance Bonds Portzen Construction Contract for the 16th Street Railroad Crossing Approach Pavement Removal and Replacement Project. Suggested Disposition: Receive and File; Approve Portzen Contract, 23. Business License Refund Request by Rainbo Oil Co. for a refund of the liquor license for Kwik Stop formally located at 4110 Dodge St. in the amount of $37.50 Suggested Disposition: Receive and File; Approve Liquor License Refund Request, 24. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses 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 Suggested Disposition: Receive and File; Adopt Resolution(s) Liquor License Renewals -MVM Memo Staff Memo Liquor Resolution, ITEMS TO BE SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1. Sale of Property - 1787 Washington Street (Row House) City Manager recommending setting a public hearing for November 4, 2013, on the sale of 1787 Washington Street to Danika M. Carstens. RESOLUTION of Intention to dispose of City -owned property, specifically, Lot 1 of Lot 2 of the East 1/2 of Lot 91 in the East Dubuque Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof - 1787 Washington Street Suggested Disposition: Receive and File; Adopt Resolution, Public Hearing 1114/12 Sale of Property at 1787 Washington -MVM Memo, Staff Memo, Resolution, BOARDS /COMMISSIONS Review of applications to the following Boards /Com missions: 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. Environmental Stewardship Advisory Commission One 3 -year term through October 1, 2014 (vacant term of Splittstoeser) Applicants: Jacob Bergum, 247 West 11th St. #8 Gina Makris, 166 Bluff St. Parks and Recreation Advisory Commission One 3 -year term through June 30, 2014 (Vacant term of Harris) Applicants: Robin Kennicker, 904 Lincoln Ave. Randy Neal, 3771 Hillcrest Rd. Safe Community Advisory Committee One 1 -year term through December 31, 2013 (Vacant term of Cheatham) Applicant: Ronald Hammel II, 419 Clark St. Boards Overview Sheet, Boards Latest Listings, Environmental Stewardship Advisory Commission Application, Parks & Recreation Advisory Commission Application, Safe Community Advisory Committee Application, 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. SUSPEND THE RULES 1. Request to Rezone -1828 Carter Road Proof of publication on notice of public hearing to consider a request by Harry Blewett (Dubuque Board of Realtors) to rezone property at 1828 Carter Road from OR Office Residential to C -2 Neighborhood Shopping Center District and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying hereinafter described property located at 1828 Carter Road from OR Office Residential to C -2 Neighborhood Shopping Center District Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter, Applicant Materials, Staff Materials Citizen Input Ordinance, Suggested Motion 2. Request to Rezone - 2612 / 2614 / 2616 University Avenue Proof of publication on notice of public hearing to consider a request by Deanne & David Hohmann DBQ Dance Studio and Gymnastics Club, to rezone property at 2612/2614/2616 University Avenue from C -1 Neighborhood Commercial and R -1 Single - Family Residential District to OR Office Residential District and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2612, 2614, and 2616 University from C -1 Neighborhood Commercial District and R -1 Single- Family Residential District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Commission Letter, Applicant Materials, Staff Materials, Ordinance, Suggested Motion, 3. Request to Rezone - 4396 Peru Road Proof of publication on notice of public hearing to consider a request by Nancy Heiar to rezone a portion of property at 4396 Peru Road from R -1 Single Family Residential to C -2 Neighborhood Shopping Center District and the Zoning Advisory Commission recommending approval. Ordinance Amending Title 16 of the city of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 4396 Peru Road from R -1 Single - Family Residential District to C -2 Neighborhood Shopping Center District Suggested Disposition: Receive and File; Motion B; Motion A Council Letter, Applicant Materials, Staff Materials, Ordinance, Suggested Motion, REINSTATE THE RULES This action limits discussion to the City Council. 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. Convention and Visitors Bureau Quarterly Report President Keith Rahe, to provide the quarterly Report for the Dubuque Convention and Visitors Bureau. Suggested Disposition: Receive and File CVB Quarterly Report 2. TriState Quality Metals, LLC - State of Iowa Business Financial Assistance Application City Manager recommending approval of the submission of a Business Financial Assistance Application to the Iowa Economic Development Authority on behalf of TriState Quality Metals, LLC. RESOLUTION Authorizing the filing of an application for State Business Financial Assistance on behalf of Tristate Quality Metals, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Endorsement of State of Iowa Business Financial Assistance Application for TriState Quality Metals, LLC -MVM Memo, Staff memo Resolution, Application 3. Design Mill, Inc. - Economic Development Assistance Contract City Manager recommending approval of an Economic Development Assistance Contract with Design Mill, and the Iowa Economic Development Authority. RESOLUTION Authorizing the execution of an Economic Development Assistance contract by Design Mill, and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution(s) Inc., the City of Dubuque, Inc., the City of Dubuque Economic Development Assistance Contract from the Iowa Economic Development Authority for Design Mill, Inc. -MVM Memo, Staff memo, Resolution, Contract, 4. National League of Cities Voting Delegates Correspondence from the National League of Cities requesting that the City designate a voting delegate and alternate voting delegate for the upcoming National League of Cities Annual Business meeting on November 16, 2013. Suggested Disposition: Receive and File; Council NLC Credentials Form, 5. Sustainable Dubuque - Request for Work Session City Manager recommending that the City Council schedule a Sustainable Dubuque quarterly work session for Monday, December 2, at 5:00 p.m.. Suggested Disposition: Receive and file; Set as Recommended Request for Quarterly Sustainable Dubuque Work Session -MVM Memo Staff Memo COUNCIL MEMBER REPORTS 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 requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa ADJOURNMENT