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10 21 13 Clerk's Skeleton Notes and Meeting CallsTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a special session of the City Council to be held on Monday, October 21, 2013, at 4:30 PM, at the Dubuque Regional Airport for the purpose of conducting a tour of the new airport terminal project. Roy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 4:30 p.m. on October 21, 2013 at the Dubuque Regional Ajrport Jet Center, 11000 Airport Road. �� ,/' rte., .% Present: Mayor e_,l;.-Couns'I Memb- i.g, Cohnors, n=. --- , L ch, Resnick, ,tton, tic Mayor Buol read the call and stated this is a special session of the City Council ca le�� for the purpose of conducting a tour of the Dubuque Regional Airport new terminal project. Adjournment: WORK SESSION Tour of the Dubuque Regional Airport new terminal project. Yays Nays Buol Connors ) Jones Lynch -) Resnick Sutton Braig c; v5 1 V/91743- TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, October 21, 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 D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on October 21, 2013 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor B ol; Council Members Brig Conn is, Jors, Lyh, Renick, 'utton; City Manager,Van Milligen, City Attorney ndahl i� Mayor Buol 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 City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Andrew Connolly Make -a- Difference Day (October 26, 2013) PRESENTATION(S) 1. ICMA International Sustainability Fellows Program Introduction of Yigang Feng of Hunan Province, China; and Peter Ridge of Palmerston North, New Zealand - /1'447-) yor V9"/41 sue 2 Yays Nays Buol ✓, Connors f/ Jones Lynch Resnick Sutton i/r Braig CONSENT ITEMS aok4-?0 /4 17/ 1. Minutes and Reports Submitted Cable TV Commission of 9/4; City Council proceedings of 10/7; Library Board of Trustees of 8/22 and 9/26; Zoning Advisory Commission of 10/2; Zoning Board of Adjustment of 9/26 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Resurrection Church for property damage; Aaron Walling for vehicle damage; Walter Womack for lost wages 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: Walter Womack for lost wages Suggested Disposition: Receive and File; Concur 4. Managing Underwriter Services City Manager recommending approval of the selection of R.W. Baird for managing underwriting services. Suggested Disposition: Receive and File; Approve 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 310 -13 Accepting the deed to certain real estate in Dubuque County, Iowa from Dodds River Terminal, Inc. Suggested Disposition: Receive and File; Approve 3 Yays Nays Buol I.V/ Connors i/ Jones v- Lynch ,/ Resnick Sutton I70—_ Braig Pfififiiii4 /9,0 Ida/ ; AmO diz4 - v,794A/4- 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 301 -13 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) 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 302 -13 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) 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 303 -13 Approving the Final Plat of Pine Knoll Subdivision in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 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 304 -13 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) 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 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 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 5 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 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., d /b /a Kwik Stop C- Stores for a portion of the 16th Street corridor property. RESOLUTION 305 -13 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) 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 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 law suit. Suggested Disposition: Receive and File 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 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 6 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 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 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 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 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 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 7 Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 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 24. Alcohol License Applications City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION 306 -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) 8 ITEMS TO BE SET FOR PUBLIC HEARING 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 307 -13 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 11/4/5 Yays Nays Buol VConnors Jones ;/"/ Lynch v' Resnick ✓ Sutton I/ Braig 9 BOARDS /COMMISSIONS Review of applications to the following Boards /Commissions: Applicants were invited to address the City Council regarding their desire to serve on the following Boards /Commissions. 1. Environmental Stewardship Advisory Commission a0- One 3 -year term through October 1, 2014 (vacant term of Splittstoeser). Applicants: Jacob Bergum 24 West 11th St. #8; Gina Makris, 166 Bluff St. � —� 2. 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. 3. afe Community Advisory Committee One 1 -year term through December 31, 2013 (Vacant term of Cheatham) Applicant: Ronald Hammel II, 419 Clark St. 10 PUBLIC HEARINGS SUSPEND THE RULES Yays Yays Nays Nays Buol Buol j% Connors Connors Jones Jones y// Lynch Lynch Resnick Resnick v Sutton Sutton Braig Braig 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 49 -13 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 Suspend the Readings Yays Nays V Buol „, / Connors 2/ Jones t/ Lynch Resnick I/ Sutton >r9 Braig Final Reading and Adopt Yays Nays 1/ Buol Connors 2/ Jones t/ Lynch Resnick I/ Sutton >r9 Braig aRzy,t4/--),eA„i7O/ix,toi _J/x6fi-70,,P3 4! -5414P sr ?"6'dt 6*4eezi17 okeei; 11 94/9f 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 50 -13 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 Suspend the Readings Yays Nays 1./ Buol v / Connors ones 1/ Lynch i/ Resnick y% Sutton Sutton lABraig L- 2- iffii/-46a6t *e 47/ - aim/ < 47;1 ,ee- ter; Ida , Alfii,rf, !mil iei /c Final Reading and Adopt Yays Nays Buol Connors Jones !/ Lynch p/ Resnick Sutton L- 2- Braig 12 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 51 -13 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 Suspend the Readings Yays Nays Nays v Buol f/ Connors Connors 1/ f/ Jones / p/ Lynch Resnick Resnick ?% Sutton Sutton 1/" 1/ Braig Final Reading and Adopt Yays Nays Nays Buol Buol f/ Connors 'Connors 1/ J L/ Jones / i Lynch Resnick Resnick ?% Sutton Sutton 1/" p/- Braig REINSTATE THE RULES This action limits discussion to the City Council. Yays Nays Buol f/ Connors 1/ Jones / Lynch Resnick ?% Sutton 1/" Braig 13 ACTION ITEMS 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 Yays Nays Buol v it Connors Jones f7" Lynch Resnick r% Sutton t 2- Braig ileS141 ✓Uri' /'f, i 4e .0(6), 0 -7),/fig "Rik inn., uiulric t> ded.ol/m W/ PA, lormig /19,0,401/6/44# Af7-/5/497 fi")//, fraw, &weo& 14 yyse.,/,-- wi//7~#,Fre- 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 308 -13 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) Yays Nays j7 Buol ,/ Connors i- Jones i/ Lynch 1/ Resnick V/ Sutton % Braig 15 3. Design Mill, Inc. - Economic Development Assistance Contract City Manager recommending approval of an Economic Development Assistance Contract with Design Mill, Inc., the City of Dubuque, and the Iowa Economic Development Authority. RESOLUTION 309 -13 Authorizing the execution of an Economic Development Assistance contract by Design Mill, Inc., the City of Dubuque and the Iowa Economic Development Authority Suggested Disposition: Receive and File; Adopt Resolution Yays Nays f/ Buol t/- Connors Jones Lynch Resnick Sutton Braig 0/0 16 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; Getrrrcif. Yays i Nays v/ Buol ✓- Connors I/ Jones f/ Lynch Resnick )% Sutton Braig 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 Yays Nays Buol ✓- Connors Jones k 7 Lynch Resnick Sutton Braig 17 COUNCIL MEMBER REPORTS 5/pi'se 11( d4zrz_ 4(14/7/0_,414Vaii- 1/4 tfr (4 - der 14/;yf A / Peg PUBLIC INPUT 9$/7 0/1,,ii iwy#irai*,/4_ 10019/////dir- CLOSED SESSION: PendinLitigation and Pro rtisition - Chapter 21.5(1)(c)(j) Code of Iowa ti Yays \ 1't ays V Buol .v Cont'ors Janes r - /Lynch Resnick Sutton J Braig ADJOURNMENT: Yays Nays V Buol .v Connors Jones r - Lynch Resnick Sutton - J Braig 18