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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