Proof_City Council Proceedings 10 21 13CITY 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 Air-
port Jet Center, 11000
Airport Road.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager Van
Mil!igen, City Attorney
Lindahl
Mayor Buol read the
call and stated this is a
special session of the
City Council called for
the purpose of con-
ducting a tour of the
Dubuque Regional Air -
port new terminal proj-
ect.
WORK SESSION
Tour of the Dobalque
Regional Airport new
termiaaal project
Airport Manager Bob
Gierson provided r a
tour of the new airport
terminal I project still
under construction
highlighting the de-
sign, layout, technolo-
gy and sustainability
elements.
There being no fur-
ther business, upon
motion the City Council
adjourned at 5:05 p.m.
/s /Kevin S. Firnstahl,
CMC, City Clerk
t 10/30
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 Build-
ing,350 W. 6th Street.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager Van
Mlligen, City Attorney
Lindahl
Mayor Buol read the
call and stated this isa
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the City
Council.
PLEDGE OF
ALLEGIANCE
PROCLAMATIONS)
Andrew Connolly
Make -a- Difference Day
(October 26, 2013) was
accepted by co- chair
Jennifer Connolly.
PRESENTATION(S)
ICMA International
Sustainability Fellows
Program: Assistant
City Manager Cindy
Steinhauser introduced
Ygang Feng of Hunan
Province, China; and
Peter Ridge of
Palmerston North, New
Zealand, who ad-
dressed the City Coun-
cil.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated
with exception to item
No. 6 (Novelty Iron,
Landlord, LLC - Collat-
eral Assignment of De-
velopment Agreement)
and item No. 14 (Ap-
peal of Claim - Shirley
Wiegand). Seconded
by Resnick. Council
Member Connors re-
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 30, 2013, and for which the charge is $196.08.
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
this / day of �., ., , 20
Notary Public in and for Dubuque County, Iowa.
4ARY K. WeSTERMgY
h �lfl�l�t� Nui bir
114
lj
quested item No. 6 be
held for separate dis-
cussion and item No.
15 was removed from
the agenda at the re-
quest of the City Attor-
ney. Motion carried 7 -0.
Minutes and Reports
Submitted: Cable TV
Commission of 9/4;
City Council proceed-
ings 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.
Upon motion the docu-
ments were received
and filed.
Notice of Claims and
Suits: Resurrection
Church for property
damage; Aaron Walling
for . vehicle damage;
Walter Womack for
lost wages. Upon mo-
tion the documents
were received, filed
and referred to the City
Attorney.
Disposition of Claims:
City Attorney advising
that the following
claims have been re-
ferred to Public Entity
Risk Services of Iowa,
the agent for the Iowa
Communities Assur-
ance Pool: Walter
Womack for lost wag-
es. Upon motion the
documents were re-
ceived, filed and con-
curred.
Managing Underwrit-
er Services: City Man-
ager recommending
approval of the selec-
tion of R.W. Baird for
managing underwriting
services. Upon motion
the documents were
received, filed and ap-
proved.
Dodds River Terminal,
Inc. Quit Claim Deed:
City Attorney recom-
mending approval of
the settlement and ac-
cepting of the quit
claim deed from Dodds
River Terminal, Inc.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 310 -13 Accept-
ing the deed to certain
real estate in Dubuque
County, Iowa from
Dodds River Terminal,
nc. was adopted.
Novelty Iron, Land-
lord, LLC - Collateral
Assignment of Devel-
opment Agreement:
City Manager recom-
mending approval of a
Collateral Assignment
of Development Agree-
ment from Novelty Iron
Landlord LLC to The
National Bank out of
Bettendorf. Motion by
Connors to receive and
file the documents and
adopt Resolution No.
301 -13 Approving the
Collateral Assignment
of Development Agree-
ment between the City
of Dubuque, Iowa, Nov-
elty Iron Landlord LLC,
and the National Bank.
Seconded by Braig. The
City Manager and City
Attorney provided in-
formation related to
TIF payments and the
City's liability. Motion
carried 7 -0.
E.B. Lyons Interpre-
tive Area - Land and
Water Conservation
Fund Grant: City Man-
ager recommending
approval of the Land
and Water Conserva-
tion Fund Grant Agree-
ment with the Iowa De-
partment of Natural
Resources to assist
with land acquisition
and development of
the E.B. Lyons Interpre-
tive Area Expansion at
the Mines of Spain Rec-
reation Area. Upon mo-
tion the documents
were received and filed
and Resolution No. 302-
13 Authorizing Land
and Water Conserva-
tion Fund Grant Agree-
ment with Iowa De-
partment of Natural
Resources for Acquisi-
tion and Development
of E.B. Lyons Interpre-
tive Area Expansion at
the Mines of Spain
State Recreation Area
was adopted.
Final Plat - Pine Knoll
Subdivision (Katrina
Circle): Zoning Adviso-
ry Commission recom-
mending approval of
the Final Plat for Pine
Knoll Subdivision sub-
ject to waiving the lot
frontage requirement
for Lots 3, 4, and 5.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 303 -13 Approv-
ing the Final Plat of
Pine Knoll Subdivision
in the City of Dubuque,
Iowa, was adopted.
Asbury Tank Recondi-
tioning Project Accept-
ance: City Manager
recommending accept-
ance of the construc-
tion contract for the re-
conditioning of the As-
bury Tank Recondition-
ing Project, as com-
pleted by Classic Pro-
tective Coatings. Upon
motion the documents
were received and filed
and Resolution No. 304-
13 Accepting the As-
bury Tank Recondition-
ing Project and author-
izing the payment of
the contract amount to
the contractor was
adopted.
Zoning Advisory Com-
mission: Communica-
tion from Zoning Advi-
sory Commission re-
questing City Council
approval to appoint
Commissioner Michael
Belmont as a represen-
tative to the Airport
Zoning Advisory Com-
mission. Upon motion
the documents were
received, filed and ap-
proved.
Alternative Services
Concepts Renewal
Rates: City Manager
recommending appro-
val of the renewal
rates from Alternative
Services Concepts for
services related to the
administration of the
City's Worker's Com-
pensation Program ef-
fective October 1, 2013
through September 30,
2014. Upon motion the
documents were re-
ceived, filed and ap-
proved.
Supplemental Envi-
ronmental Project
(SEP) Completion Re-
port: City Manager rec-
ommending approval
to certify and submit
the City of Dubuque's
Supplemental Environ-
mental Project Com-
pletion Report to the
U.S. Department of Jus-
tice, US Environmental
Protection Agency and
the Iowa Department
of Natural Resources.
Upon motion the docu-
ments were received
and filed.
Rainbo Oil Co. (DBA
Kwik Stop C-Stores) -
First Amendment to
Lease Agreement: City
Manager recommend-
ing 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. Upon motion
the documents were
received and filed and
Resolution No. 305 -13
Approving the First
Amendment to the
Lease Agreement be-
tween the City of Du-
buque, Iowa and
Rainbo Oil, Co. DBA
Kwik Stop C- Stores
was adopted.
Appeal of Claim - Shir-
ley Wiegand: City At-
torney recommending
denial of a claim by
Shirley Wiegand for
property damage.
Upon motion this item
was removed from the
agenda.
Ellyn Bechen et al. vs.
City of Dubuque and
Dubuque Racing Asso-
ciation, LTD: City Attor-
ney submitting a Dis-
missal with Prejudice
related to the Ellyn
Bechen et al. vs. City of
Dubuque and Dubuque
Racing Association,
LTD law suit. Upon mo-
tion the documents
were received and
filed.
Nicholas Steffen vs.
City of Dubuque et al.:
City Attorney submit-
ting a Stipulated Dis-
missal with Prejudice
and executed Release
related to the Nicholas
Steffen vs. City of Du-
buque et al law suit.
Upon motion the docu-
ments were received
and filed.
PEG Capital Expendi-
ture Request: City
Manager recommend-
ing approval of the Ca-
ble TV Commission
recommendations for
funding from the Pub-
lic, Educational, and
Government (PEG)
Capital Grant for Ac-
cess Equipment and
Facilities for the Uni-
versity of Dubuque to
purchase a portable
video switcher to ena-
ble on- location multi -
camera productions.
Upon motion the docu-
ments were received,
fi ed and approved.
Iowa Department of
Public Health Third -
Party Agreement: City
Manager recommend -
ng approval of a Third
Party Network Agree-
ment in order to use
the Healthy Homes
Lead Poisoning Surveil-
lance System for the
Healthy Homes and
Childhood Lead Poison-
ing Prevention Pro-
grams. Upon motion
the documents were
received, filed and ap-
proved.
Mediacom Communi-
cations Company:
Communication from
Mediacom Communi-
cations Company ad-
vising the City of pro-
gramming changes on
or about October 28,
2013. Upon motion the
documents were re-
ceived and filed.
Dubuque Main Street
- Main Street Iowa 2013
Challenge Grant: City
Manager recommend-
ing approval of an en-
dorsement of the Du-
buque Main Street ap-
plication to the Iowa
Economic Development
Authority for a 2013
Main Street Iowa Chal-
lenge Grant. Upon mo-
tion • the documents
were received, filed
and approved.
Signed Contracts: CEC
Contract for technolo-
gy support in the Port
of Dubuque; Neumann
Monson contract
amendment for the
Intermoda Transporta-
tion Center: Strand As-
sociates Amendment
No. 6 for Construction
Services related to the
W &RRC Modification
Project. Upon motion
the documents were
received and filed.
Improvement Con-
tracts and Mainte-
nance Bonds: Portzen
Construction Contract
for the 16th Street Rail-
road Crossing Ap-
proach Pavement Re-
moval and Replace-
ment Project. Upon
motion the documents
were received, filed
and approved.
Business License Re-
fund: Request by
Rainbo Oil Co. for a re-
fund of the liquor li-
cense for Kw k Stop
formally located at
4110 Dodge St in the
amount of $37.50. Upon
motion the documents
were received, filed
and approved.
Alcohol License Appli-
cations: City Manager
recommending appro-
val of annual liquor,
beer, and wine licenses
as submitted. Upon
motion the documents
were received and filed
and Resolution No. 306-
13 Approving applica-
tions for beer, liquor,
and /or wine permits,
as required by City of
Dubuque Code of Ordi-
nances Title 4 Business
and License Regula-
tions, Chapter 2 Liquor
Control, Article B Liq-
uor, Beer and Wine Li-
censes and Permits
was adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, set the
public hearings as indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Jones. Motion carried
7 -0.
Sale of Property -
1787 Washington
Street (Row House):
City Manager recom-
mending setting a pub-
lic hearing for Novem-
ber 4, 2013, on the sale
of 1787 Washington
Street to Danika M.
Carstens. Upon motion
the documents were
received and filed and
Resolution No. 307 -13
Resolution of Intention
to dispose of City -
owned property, spe-
cifically, Lot 1 of Lot 2
of the East 1/2 of Lot
91 in the East Dubuque
Addition, in the City of
Dubuque, Iowa, ac-
cording. to the record-
ed plat thereof - 1787
Washington Street was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on November
4, 2013 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Applicants were invit-
ed to address the City
Council regarding their
desire to serve on the
following Boards /Com-
missions.
Environmental Stew-
ardship Advisory Com-
mission: One 3 -year
term through October
1, 2014 (vacant term of
Splittstoeser). Appli-
cants: Jacob Bergum,
247 West 11th St. #8;
and Gina Makris, 166
Bluff St. Ms. Makris
and Mr. Bergum spoke
in support of their re-
spective appointments.
Parks and Recreation
Advisory Commission:
One 3 -year term
through June 30, 2014
(Vacant term of Har-
ris). Applicants: Robin
Kennicker, 904 Lincoln
Ave.; and Randy Neal,
3771 Hillcrest Rd. Ms.
Kennicker spoke in
support of her appoint-
ment.
Safe Community Advi-
sory Committee: One
1 -year term through
December 31, 2013 (Va-
cant term of Cheat-
ham). Applicant: Ro-
nald Hammel II, 419
Clark St.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Request to Rezone -
1828 Carter Road:
Proof of publication on
notice of public hear-
ing to consider a re-
quest by Harry Blewett
(Dubuque Board of Re-
altors) to rezone prop-
erty at 1828 Carter
Road from OR Office
Residential to C -2
Neighborhood Shop-
ping Center District
and the Zoning Adviso-
ry Commission recom-
mending approval. Mo-
tion by Connors to re-
ceive and file the docu-
ments and that the re-
quirement that a pro-
posed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended. Sec-
onded by Jones. Harry
Blewett, 1670 Fox
Drive, spoke in favor of
the proposed rezoning
and addressed aues-
tions regarding park-
ing. Planning Services
Manager Laura Car-
stens provided a staff
report. Motion carried
7 -0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 49 -13 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
Reclassifying herein-
after described proper-
ty located at 1828 Car-
ter Road from OR Of-
fice Residential to C -2
Neighborhood Shop-
ping Center District.
Seconded by Braig.
Motion carried 7 -0.
Request to Rezone -
2612 / 2614 / 2616 Uni-
versity Avenue: Proof
of publication on no-
tice of public hearing
to consider a request
by Deanne & David
Hohmann DBQ Dance
Studio and Gymnastics
Club, to rezone proper-
ty at 2612/2614/2616
University Avenue from
C -1 Neighborhood
Commercial and R -1
Single - Family Residen-
tial District to OR Of-
fice Residential District
and the Zoning Adviso-
ry Commission recom-
mending approval. Mo-
tion by Connors to re-
ceive and file the docu-
ments and that the re-
quirement that a pro-
posed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended. Sec-
onded by Jones. Plan-
ning Services Manager
Laura Carstens provid-
ed a staff report. Ms.
Carstens and Zoning
Advisory Commission
Chairperson Patrick
Norton addressed
questions regarding
parking and storm wa-
ter management. Mo-
tion carried 7-0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 50 -13 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment COde, by
reclassifying herein-
after described proper-
ty located at 2612,
2614, and 2616 Univer-
sity from C -1 Neighbor-
hood Commercial Dis-
trict and R -1 Single-
. Family Residential Dis-
trict to OR Office Resi-
dential District. Sec-
onded by Braig. Motion
carried 7 -0.
Request to Rezone -
4396 Peru Road: Proof
of publication on no-
tice 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 Dis-
trict and the Zoning
Advisory Commission
recommending appro-
val. Motion by Jones to
receive and file the
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended. Sec-
onded by Connors.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Motion carried 7 -0.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No. 51-13 Amending Ti-
tle 16 of the city of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper -
ty located at 4396 Peru
Road from R -1 Single-
Family Residential Dis-
trict to C -2 Neighbor-
hood Shopping Center
District. Seconded by
Resnick. Motion car-
ried 7 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Convention and Visi-
tors Bureau Quarterly
Report: President Keith
Rahe provided the first
quarterly report (July -
October 2013),for the
Dubuque Convention
and Visitors Bureau
since becoming a
501(c)(3) that included
information on the
structure of the CVB,
Travel Iowa Impact
Study, marketing Co-
op Program, sales re-
cap and upcoming
sales, hospitality, and
sports and events. Mo-
tion by Connors to re-
ceive and file the docu-
ments and information.
Seconded by Braig.
Motion carried 7 -0.
TriState Quality Met-
als, LLC - State of Iowa
Business Financial As-
sistance Application:
City Manager recom-
mending approval of
the submission of a
Business Financial As-
sistance Application to
the Iowa Economic De-
velopment Authority
on behalf of TriState
Quality Metals, LLC.
Mot on by Braig to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 308-13 Au-
thorizing the filing of
an application for State
Business Financial As-
sistance on behalf of
Tristate Quality Metals,
LLC. Seconded by
Jones. Motion carried
7 -0.
Design Mill, Inc. - Eco-
nomic Development
Assistance Contract:
City Manager recom-
mending approval of
an Economic Develop-
ment Assistance Con-
tract with Design Mill,
Inc., the City of Dubu-
que, and the Iowa Eco-
nomic Development
Authority. Motion Braig
to receive and file the
documents and adopt
Resolution No. 309 -13
Authorizing the execu-
tion of an Economic
Development Assis-
tance contract by De-
sign Mill, Inc., the City
of Dubuque and the Io-
wa Economic Develop-
ment Authority. Sec-
onded by Connors. Mo-
tion carried 7 -0.
National League of
Cities Voting Dele-
gates: Correspondence
from the National Lea-
gue of Cities request-
ing that the City desig-
nate a voting delegate
and alternate voting
delegate for the up-
coming National Lea-
gue of Cities Annual
Business meeting on
November 16, 2013.
Motion by Connors to
receive and file the
documents and ap-
point Mayor Buol as
the voting delegate.
Seconded by Resnick.
Motion carried 7 -0.
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. Motion
by Lynch to receive
and file the documents
and set the work ses-
sion as recommended.
Seconded by Connors.
Motion carried 7 -0.
COUNCIL MEMBER
REPORTS
Council Member Con-
nors reported on her
pleasure with the re-
cent 3rd Annual All the
Way Home event and
parade encouraging
citizens to attend next
year's event.
Mayor Buol reported
on his attendance at
the Mississippi River
Cities and Towns Sum-
mit recently held in
Memphis, that ad-
dressed the river's in-
frastructure, invest-
ment specifics, the
economy of the river,
and container barges.
There being no fur-
ther business, upon
motion the City Council
adjourned at 7:41 p.m.
/s /Kevin S. Firnstahl,
CMC, City Clerk
It 10/30