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Proof of Publication_City Council Proceedings of 10 7 13come before the Council. PLEDGE OF ALLEGIANCE PROCLAMATIONS) Arts and Humanities Month (October 2013) was accepted by Arts and Cultural Affairs Advisory Commission- er Ellen Henkels; Bryant Elementary School 75th Anniversa- ry Day (October 19, 2013) was accepted by Principal Vicki Sullivan; Diversity Month (Oc- tober 2013) was ac- cepted by Dubuque Area Chamber of Com- merce Senior Vice President Barry Gen- try; Make -a -Will Month (October 2013) was ac- cepted by Library Di- rectory Susan Hen ricks; Trick -or -Treat Night (October 31, 2013) was accepted by Mayor Roy D. Buol. INTRODUCTION City Manager Van Milligen introduced the City's newly appointed Development Maurice Jones who introduced him- self to the City Council. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, ' and "dis- pose of as indicated. Seconded by Connors. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Adviso- ry Commission of 8/27; Cable TV Commission of 8/7; City Council proceedings of 9/16; Civil Service Commis- sion of 8/23; Human Rights Commission of 8/12; Park and Recrea- tion Advisory Commis- sion of 9/11; Sister City Relationships Advisory Commission of 10/2; Proof of Publication for City Council proceed- ings of 9/3 and 9/16; Proof of Publication for Notice of Claims and Summary of Revenues for Month Ending 8/31. Upon motion the docu- ments were received and filed. Notice of Claims and Suits: Brian McNamara for vehicle damage; cated at 8198 Jecklin Lane for the Dubuque Regional Airport Run- way Safety Area Proj- ect. Upon motion the documents were re- ceived and filed and Resolution No. 294 -13 Approving Correction Deeds for the acquisi- tion of real estate lo- cated at 8198 Jecklin Lane, Dubuque, IIowa, was adopted. Leisure Services 2013 Sidewalk Installation Project - Area 1 Mc- Aleece /Admiral Sheehy Drive Project Accept- ance: City Manager recommending accept- ance of the 2013 Lei- sure Services Sidewalk Installation Project - Area 1 McAleece /Ad- miral Sheehy Drive as completed by Tschig- gfrie Excavating, Inc. Upon motion the docu- ments were received and filed and Resolu- tion No. 295-13 Accept- ing the 2013 Leisure Services Sidewalk In- stallation Project Area 1 McAleece /Admiral Sheehy Drive and au- thorizing the payment of the contract amount to the contractor was adopted. . Express Scripts, Inc. Employer Participation Agreement: City Man- ager recommending approval of the Em- ployer Participation Agreement with Ex- press Scripts, Inc., and authorization for the City Manager to sign the agreement. Upon motion the documents were received, filed and approved. Teamsters #120 (Bus Operators) - Amend- ment to Collective Bar- gaining Agreement: City Manager recom- mending approval of an amendment to the Collective Bargaining Agreement with Team- sters Local Union No. 120 ; (Bus Operators). Upon motion the docu- ments were received, filed and approved. DARE Agreement for Fiscal Year 2013 -2014: City Manager recom- mending approval of the Fiscal Year 2013 - 2014 "DARE Agreement between the City of ping model. Upon mo- tion the documents were received and filed. Iowa Department of Natural Resources Clean Water State Re- volving Fund: Corre- spondence from the Io- wa Department of Nat- ural Resources con- firming the update to the City of Dubuque's Clean Water State Re- volving Fund applica- tion and estimated loan request for the Upper Bee Branch Creek Restoration Proj- ect. Upon motion the documents were re- ceived and filed. Improvement Con- tracts and Mainte- nance Bonds: Dubuque Barge & Fleeting (DBA Newt Marine Service) for the Purina Drive Barge Dock Mainte- nance Project. Upon motion the documents were received, filed and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - 920 Main Street: City Manager recommend - ing approval of the Acknowledgment/Set - tlement Agreement for an alcohol compliance violation for 920 Main Street. Upon motion the documents were received, filed and ap- proved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Jumpers Sports Bar & Grill: City Manager rec- ommending ,- approval of the Acknowledg- ment /Settlement Agreement for an alco- hol compliance ;viola - tion;forJumpers Sports Bar & Grill, 2600 Dodge Street. Upon motion the documents were received, filed and ap- proved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Gin Rickey's Bar: City Manager recommend- ing approval of the Acknowledgment/Settl ement Agreement for an alcohol compliance violation for Gin Rick - ey's Bar, 1447 Central Avenue. Upon motion the documents were for management of the Five Flags Center for the period July 1, 2014 to June 30, 2019 and the use of capital in- vestment funds. Mo- tion by Braig to receive and file the documents and adopt Resolution No. 299 -13 Approving the Third Amendment to the Management Agreement between the City of Dubuque, Iowa, and SMG. -! Seconded by Jones. Leisure Services Man- ager Marie Ware ad- dressed questions from the City Council re- garding clarifying lan- guage in the agree- ment. Motion carried 7 -0. School Resource Offi- cer (SRO) Agreement: City Manager'' recom- mending ; approval of the School Resource Office (SRO) agree- ment with the Dubuque Community School Dis- trict for school year 2013 -2014. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Connors. ' Motion carried 7 -0. Nightrider /College Partnership ICAAP Funding Grant Applica- tion: City Manager rec- ommending approval of 'a Clean Air Attain- ment Program Grant to continue the Nightri- der /College Partner- ship project for a third year. Motion by Jones to receive and file the documents and adopt Resolution No. 300 -13 Endorsing the submis- sion of an Iowa Clean air < Attainment Pro- gram (ICAAP) Grant Application to the Iowa Department of Trans - portation to fund the Nightrider Route. Sec- onded by Connors. Mo- tion carried 7 -0. COUNCIL MEMBER REPORTS Mayor Buol thanked the staff and represen- tatives who were in- volved with the plan- ning of the Growing Sustainable Communi- ties Conference and the Iowa League of Cit- ies Conference held in Dubuque on September 24 -27. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: October 16, 2013, and for which the charge is $197.91. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this '/ -e day of ' '> , 20 /-7 . Notary Public in and for Dubuque County, Iowa. fY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS' Commission of 10/2; Collective Bargaining proved. tion carried 7 -0. Proof of Publication for Agreement with Team- Alcohol Compliance COUNCIL MEMBER City Council proceed sters Local Union No. Civil Penalty for Alco- REPORTS )rigs of 9/3 and 9/16; 120 (Bus Operators). hol License Holders - Mayor Buol' thanked Proof of Publication for Upon motion the docu- Gin Rickey's Bar: City the staff and represen- Notice of Claims and menu were received, Manager recommend- tatives who were in- Summary of Revenues filed and approved. ing approval of the volved with the plan- for Month Ending 8/31. DARE Agreement for Acknowledgment/Settl ning; of the Growing Upon motion the docu Fiscal Year 2013 2014: ement Agreement for Sustainable Communi- merits were received` City Manager recom- an alcohol compliance ties' Conference and and filed. mending approval of violation for Gin Rick the I' Notice of Claims and the Fiscal Year 2013 ey's Bar, 1447 Central ies Conference held m rl a a' 2014 DARE Ag reement Avenue. U on motion Dubu ue on Se tember for vehicle damage;; between the City of the documents we Mario Owens! for ag Dubu ue Police De- received, filed antl a rt t d th D owa League of Cit- Scats. Brian McNam r g p q p were 24 -27. PUBLIC INPU q d p J b L 4604 C cle amage. Upon mo pa men an a u- prove . aco ong„ ar- tio we' arr Att D Cifn the documents buque Community Business: License Re- dinal Drive, addressed re received, filed' School District. Upon fund: Request from the City Council re d referred to the City; motion the documents Geneva Ginter for a re- garding his concerns orney. isposition of Claims y Att were 'receivetl, filed fund of the liquor li- ab out road safety and and approved. cerise for West Dubu alternative traffic con - Civil Service Commis gue Tap inl the amount trol solutions that were orney advising at the following sion: Ci ms have been ity missio re o u rc n i yi ce i ie k Services of Iowa,; positio agent for the Iowa Operae Communities Assur- Operate ce Pool: Brian McNa- anon P ra for vehicle dam - son. U' e and Mario Owens' docum vehicle tlamage.! cesitiet fil ' and made came antl tobacco Ir to part -time city bus on motion he docu - a Matt er of Record. censer applications as drivers. nts were.;: received,' Park and Recreation submitted. Upon mo- CLOSE ®SESSION I Air - Commissioner Chuck were received antl filed convene in closed ses- n of Harris submittin his and Resolution No. 297- sion regartling pending Service Com- of n submitting the do d lists for the we ns of Equipment and or I, Equipment A or II, antl Recre- Lic rogram Supervi- City M n g g g pon motion the mending approval of cerss about health in- ents were re- annual liquor, beer, .p art automat ntrol discus- ed $422.50. upon me- part of p n the documents traffic co re received, filed sions. approved. Doug Brehm, 896 Al and Tobacco Berkley Street, ad- ense Applications: dressed the City Coun - a a er recom- ell re ardin his con rance issues related rai Connors Jones or Lynch, Resnick, Sutton; City Manager Van filed and conpurretl. Advisory Commission. ton the documents Motion by Jones to Milligen, City Attorney a I f d70 t 8 9 p.m. statin g that staff had been given proper direction. T here being no fur REGULAR SESSION cla The Dubuque city fend to P bl' E Yt rtf Council met in regular Risk session at 6 :30 p.m on the October 7, 2013 in the Co Historic Federal Build an ing, 350 W. 6th Street. ma Present: Mayor Buoi; ag Council Members f B 9, Up me Lmdahi Dubuque Region Mayor Buol read the port Acquis ne: g c all a nd stated this is a 8198 lecklin Lane: City resignation to the Park 13 Approving applica- litigation and 'property reg ular session is )the Manager recommend - and Recreation Adviso bons for beer, liquor, acquisition purspant to City Council cal ed' or mg approval of a reso- ry Commission. Upon and /or wine permits, Chapter 21.) he purpose of coo- lution and correction motion the do cum ents as required by City of Code of Iowa land Col - deeds for the acquisi were 'received, filed Dubuque Code of Ortli lective Bargaining ducting such business tion of real estate to and the resignation ac- trances Title 4 Business Strategy pursuant to hat may properly cepted and License Regula. Chapter 20.17(3) Code Zoning Advisory Com- io ns, Chapter 2 Liquor of Iowa. Seconded by mission: Commissioner Control, Article Biq Resnick. Motion car Charles Miller submit uor, Beer an WmeLr rie ting his resignation censer and Permits; Upon motion; the City from the Zoning Adui- and Resolution No. 298- Council reconvened in a open session a :1 d I' a= BOA sort' Commission. Upon 13 Approving app is motion the documents Lions for retail cig p sion: of Adjustment. through September t.; Upon motien the docu- 2017 (Expiring terms of merits were receivetl, Brotherton and San- filed and approved. tillo). Applicants: ii. Shelter Plus Continu- Blocker, 880 Kane St.; are Fiscal Year Dou Jas Brotherton ager recommending Even 120 5 Gran authorization for the view, Dan Nicholson, Mayor to sign docu 889 Walker P G Scott RDS/ were received, filed „ rette /tobacco sales and theresignation ac- permits, as required by Zoning Board of Ad were adopted cepted. Iowa Code 453A.47A justment: Commumca- then business, no motion the City Council" adjourned at 8 :20 p.m. /s /Kevin S. FirnstaM; CMC, City Clerk 10/16 tion from ZoningrBoard COMMISSIONS of Adjustment request - Appointments to the ing City Council appro- following commissions val to appoint Commis- were made at this sinner Heath Hutchin- meeting: to the Air ort Zoning Two, 4 -year terms son as a representative Airport Commission. umofC g 21011Grant: City Man- 2823 Hickory Hill; Chris d- rftents to close out the Paunches, i 2670 Mary Fiscal Year 2011 Shel- wood Dr. Upon roll -call ter Plus Care Grant. vote, Doug vens(u rton Upon motion the docu- (Buoi, Jones, Lynch, merits )were receivetl, Resnick, Sutton, Braig)_; tiled and approved and Chris: Even (Buoi, Iowa DOT Intercity Connors, Jones, Sutton, Bus Assistance Pro- Braig) were appointed gram: ' City Manager to 4 -year terms recommending appro- through September 14, vai of'the submission 2017. of a re- application to Environmental Stew - the Intercity BusASSis- ardship Advisory Com - tance Program antl au- mission: Three, 3 -year thorizing resolution. terms through October Upon motion the docu- 1, 2016 (Expiring terms merits were received, of Buelow, Oberdoer- filed and approved. ster, and Sinha). Appli- Westbrook eed.. i- can ts: Michael Buelow, sion and Westbrook 2131 Graham Cr,; Chad Subdivision No. 2 - Ac. Oberdoerster, 420 ceptance of Storm - Summit St, Aditi Sinha, water DetentioniFacili- 900 S. Grandview Ave. ties: City Manager rec- Motion by Braig to ap- ommending accept- point Michael Buelow, ance of the detention Chad Oberdoersterand facilities and storm- Aditi Sinha to 3 -year water detention lots terms through October that the developer, 1, 2016. Seconded by Callahan Construction, Lynch. Motion carried Inc., has completed 7 -0 and is dedicating in Environmental Stew a Westbrook Subdivision artlship rid Westbrook 5e,d1- mission pp sion No. 2. Upon mo- merit: One, 3 year e the documents youth term through rid Resolution No. 296- term of Miller). Appl 3 Acce ting storm- cant: Kyle Leytem water detention facili- 1235 Valentine Dr. Mo ties and a ee to Lots .ion y raig to appom B, C, &Din Westbroo Ky e Leytem to a - I /a anda. rand Lots 0 year youth term & P ' Westbrook Sub through June 1 207.6 division No in the Seconded by Jones City of Dubuque, Iowa, Motion canned esP was adoptetl. ACTION ITEMS Dubuque Goif &Coun- Citizen Correspond - try Club Property Tax ence - Advisory Com - Youth A oint- vi ti were receved and fdetl June 1, 2016 (Vacant a i- 1 p d d f b B t k I 3 in e - • ped s Appeal: a t I recomm val of Sett em for) peal fro Golf Upon motion the docu garding a pedestrian Mississippi River Park the City Counctl about d d t of l Ito unu to I V M'II' is Deve opment u- ra u ure upgra es. thority (IEDA) approv- Motion carried 7 -0. mg a request y t e we ags anage- City of Dubuqueto use merit Agreement Ex- the sole source method tension with SMG: City of procurement ito se- Manager recornmend- Iect the University e- ing approval a the Northern Iowa Geo7ree Third Amendment ' to GIS Team for apro- the Management ens ed Ian- A reement with SMG City Attorney Crossing a NW Arteria ending appro- and Pennsylvania Ave - a Stipulation of hue: Correspondence ent Agreement from Deborah Borley, roperty tax ap- 1809 Glenwood Court m the Dubuque requesting to address Country; Club. the City Council re- etl, crossing at the inter- section of NW Arterial ver )Motion b Connors? to I merits were receiv filed and approved. Iowa Mississippi Ri Y Parkway Commission: receive and file the Chairperson John documents and refer to Goodmann submitting `the City Manager. the 2012.20)3 Annual Seconded by Jones. Report for the Iowa Ms. Borley addressed way Commission. Upon her concerns over pe- motion the documents destrian safety and `po- were receive an a is so u i n filed. intersection. City Man - Iowa EconomiclDeve - ager an i igen pro - opment Authority - vided background in- sole Source Procure - formation) related to merit: !Correspondence . upgrades made at the from the Iowa Econom- ilntersection and poten- I A t` ti ft d by h F' FI M posed wat h p g