11 18 13 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on November 18, 2013
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor B I; Council Members ig, Co ors, Jon s� , Lyt‘Rick,
Su on; City Managef-Van Milligen, City Attorney Lindahl
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
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CONSENT ITEMS
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1. Minutes and Reports Submitted
Cable TV Commission of 10/2; City Council proceedings of 11/4; Civic Center Advisory
Commission of 10/28; Civil Service Commission of 11/12; Library Board of Trustees of
9/26 and update of 10/24; Safe Community Advisory Committee of 9/11; Zoning
Advisory Commission of 11/6; Proof of Publication for City Council proceedings of
10/21; Proof of Publication for List of Claims and Summary of Revenues Month Ended
9/30
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Scott Estal for personal injury; Nancy Freiburger for personal injury; Joseph Healey for
property damage; Steven Steines for vehicle damage
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:
Suggested Disposition: Receive and File; Concur
4. Project HOPE - National League of Cities Conference Presentation
Correspondence from Eric Dregne, Vice President of Strategic Initiatives for the
Community Foundation of Greater Dubuque informing the City that Project HOPE was
invited to present on Re- Engage Dubuque at the National League of Cities Conference
in Seattle, Washington, November 13 -16, 2013.
Suggested Disposition: Receive and File
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5. Abstract of Votes - 2013 General Election
Dubuque County Board of Supervisors submitting the Abstract of Votes for the General
Election held the 5th day of November, 2013.
Suggested Disposition: Receive and File
6. Smarter Cities Challenge - Workforce Solutions
City Manager recommending approval of the IBM Smarter Cities Challenge application
to address workforce development issues.
Suggested Disposition: Receive and File; Approve
7. Fiscal Year 2013 State of Iowa Annual Financial Report
City Manager recommending approval of the City of Dubuque's Fiscal Year 2013
Annual Financial Report.
Suggested Disposition: Receive and File; Approve
8. Gavilon Grain - Assignment of Gypsum Storage and Handling Agreement with
Beneficial Reuse Management
City Manager recommending approval of the Assignment of the Gypsum Storage and
Handling Agreement from the City of Dubuque to Gavilon Grain.
RESOLUTION 321 -13 Approving the assignment of Gypsum Storage and Handling
Agreement between the City of Dubuque, Iowa and Gavilon Grain, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Usha Park Parking Lot Project - Recording Memo
City Manager recommending that the award for the Usha Park Parking Lot Project to
Drew Cook & Sons Excavating, Inc., be officially recorded in the minutes of the City
Council.
Suggested Disposition: Receive and File; Make Matter of Record
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10. Plat of Survey -1895 Kennedy Road
Zoning Advisory Commission requesting approval of the Plat of Survey for Westview
Shopping Center Place No. 4 Lots 1 and 2.
RESOLUTION 322 -13 Approving the Plat of Survey Lot 1 and Lot 2 of Westview
Shopping Center Place No. 4
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. REAP Grant Agreement for Iowa 32 Trail - Phase 4
City Manager recommending approval of a resolution and the Fiscal Year 2014 REAP
grant agreement related to Phase 4 of the Iowa 32 Bike /Hike Trail along the Northwest
Arterial from Holliday Drive to Pennsylvania Avenue.
RESOLUTION 323 -13 Authorizing REAP Grant application to Iowa Department of
Natural Resources for Phase 4 of the Iowa 32 Bike /Hike Trail
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. AmeriCorps Grant Application
City Manager recommending approval of the 2014 -2015 AmeriCorps Grant application
recently submitted to the Iowa Commission on Volunteer Service.
Suggested Disposition: Receive and File; Approve
13. Dodd's River Terminal, Inc.
City Attorney submitting a Quit Claim Deed and Resolution releasing all interests in
certain real estate in the South Port related to Dodd's River Terminal, Inc.
Suggested Disposition: Receive and File
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14. Purchase of Property -1401 and 1421 EIm Street
City Manager recommending authorization for the City of Dubuque to enter into a
purchase agreement with Angela Mangeno to acquire 1401 -1421 EIm Street.
RESOLUTION 324 -13 Approving the acquisition of real estate knows a Lot 142 in East
Dubuque Addition 1401 -1421 EIm Street in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Purchase of Property 2426 Washington Street
City Manager recommending acquisition of property at 2426 Washington Street from
Merlin and Mary Rose Reuter, authorizing acceptance of the Warranty Deed and any
other related steps necessary to carry out the terms of the offer.
RESOLUTION 325 -13 Approving the acquisition of real estate owned by Merlin Reuter
and Mary Rose Reuter in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Purchase of Property - 510 East 22nd Street
City Manager recommending approval to purchase property at 510 E. 22nd Street from
Anomaly on Music Row, L.C., and authorize acceptance of the Warranty Deed and any
other related steps necessary to carry out the terms of the offer.
RESOLUTION 326 -13 Approving the acquisition of real estate owned by Anomaly on
Music Row, L.C. in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
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17. Purchase of Property - 427 -429 Rhomberg Avenue
City Manager recommending approval to purchase property at 427 -429 Rhomberg
Avenue and authorize acceptance of the Warranty Deed and any other related steps
necessary to carry out the terms of the offer.
RESOLUTION 327 -13 Approving the Acquisition of real estate owned by John P.
Mihalakis and Richard L. Billmeyer, D /B /A Junie & Rich's Coin Partnership, in the City of
Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Code of Ordinances - Adoption of Supplement No. 13
City Clerk recommending adoption of Supplement No. 13 to the City of Dubuque Code
of Ordinances, which codifies Ordinance Nos. 19 -13 through 22 -13, 24 -13 through 27-
13, 30 -13 through 35 -13, and 39 -13 through 48 -13 as adopted by the City Council and
enacted through September 20, 2013.
RESOLUTION 328 -13 Adopting Supplement No. 13 to the Code of Ordinances of the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. ARC Transfer Center Phase I Project Acceptance
City Manager recommending acceptance of the construction contract for the ARC
Transfer Center Phase I Project, as completed by Murphy Construction.
RESOLUTION 329 -13 Accepting the ARC Transfer Center Phase I Project and
authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
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20. Historic Preservation Commission
Historic Preservation Commission submitting a request to appoint Commissioner Robert
McDonell as a temporary commissioner for the Jackson Park Historic District due to a
change in residency and until such time that a resident of the district applies and is
appointed.
Suggested Disposition: Receive and File; Approve
21. Citizen Correspondence
Correspondence from Dave and Anne Hartig regarding the use of engine brakes within
the city limits.
Suggested Disposition: Receive and File; Refer to City Manager
22. Sixteenth Street Railroad Crossing Approach Pavement Removal and
Replacement Project Acceptance
City Manager recommending acceptance of the construction contract for the 16th Street
Railroad Crossing Approach Pavement Removal and Replacement Project, as
completed by Portzen Construction, Inc.
RESOLUTION 330 -13 Accepting the 16th Street Railroad Crossing Approach Pavement
Removal & Replacement Project and authorizing the payment of the contract amount to
the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
23. Signed Contracts
Docking license agreement with American River Transportation Co., d /b /a Artco
Fleeting Service.
Suggested Disposition: Receive and File
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24. Alcohol Compliance Civil Penalty for Alcohol License Holders — Mindframe
Theaters
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Mindframe Theaters, 555 JFK Road, #105.
Suggested Disposition: Receive and File; Approve
25. Alcohol Compliance Civil Penalty for Alcohol License Holders — Olive Garden
Italian Restaurant
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Olive Garden Italian Restaurant, 3350 Dodge
Street.
Suggested Disposition: Receive and File; Approve
26. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as
submitted.
RESOLUTION 331 -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)
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 - West of 1895 John F. Kennedy Road
City Manager recommending that a public hearing be set for December 2, 2013, for the
purpose of disposing of the 1.4 acre City -owned parcel adjacent to and west of 1895
John F. Kennedy Road to Molo Oil Company.
RESOLUTION 332 -13 Resolution of Intent to dispose of an interest in City -owned real
property by sale to Molo Oil Company
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 12/2/13
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PUBLIC HEARINGS
SUSPEND THE RULES
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1. Request to Rezone - 1822 Creek Wood Drive
Proof of publication on notice of public hearing to consider a request by Marty McNamer
to rezone property at 1822 Creek Wood Drive from C -2c Neighborhood Shopping
Center District with Conditions to R -3 Moderate Density Multi- Family Residential District
and the Zoning Advisory Commission recommending approval.
ORDINANCE 52- 13Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
1822 Creek Wood Drive from C -2 Neighborhood Shopping Center District with
conditions to R -3 Moderate Density Multi - Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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2. Sale of Property - 317 -319 East 22nd Street
Proof of publication on notice of public hearing to consider the sale of City -owned real
estate at 317 -319 East 22nd Street to Danielle L. Minnick and the City Manager
recommending approval.
RESOLUTION 333 -13 Approving the sale of real estate specifically 317 -319 East 22nd
Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
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3. Fire Station No. 4 Mechanical and Restroom Upgrade Project
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract, and estimated cost for the Fire Station No. 4 Mechanical
and Restroom Upgrade Project and the City Manager recommending approval.
RESOLUTION 334 -13 Approval of plans, specifications, form of contract, and estimated
cost for the Fire Station No. 4 Mechanical and Restroom Upgrade Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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REINSTATE THE RULES
This action limits discussion to the City Council.
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ACTION ITEMS
1. Sustainable Dubuque Community Grant Recommendations Round 3
City Manager recommending funding of Round 3 of the Sustainable Dubuque
Community grant applications.
Suggested Disposition: Receive and File; Approve
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2. Drainage Basin Master Plan 2013 Amendment
City Manager recommending adoption of the 2013 Amendment to the Drainage Basin
Master Plan.
RESOLUTION 335- 13Adopting the City of Dubuque 2013 Drainage Basin Master Plan
Amendment
Suggested D. - • iti•n: Receive and File; Adopt Resolution(s)
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3. State Flood Mitigation Grant Application
City Manager recommending approval to submit an application to the State of Iowa
Flood Mitigation Program Board for $98,494,178 in state sales tax increment funding for
the Bee Branch Watershed Flood Mitigation Project.
RESOLUTION 336 -13 Approving application for State of Iowa Flood Mitigation Program
funding for the Bee Branch Watershed flood Mitigation Project.
RESOLUTION 337- 13Local match resolution for the Flood Mitigation Program
Suggested Disposition: Receive and File; Adopt Resolution(s)
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4. Special Assessments Interest Rates
City Manager recommending approval to reduce the special assessment interest rate
from 9% to 3 %, creating an opportunity for property owners to pay their assessments at
3% interest over 15 years.
Suggested Disposition: Receive and File; Approve
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COUNCIL MEMBER REPORTS
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C OSED SESSION:
Pen 'ng Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa
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ADJOURNMENT: 1'
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TO: Kevin S. Firnstahl, City Clerk
You are hereby directeki call a Regular Session of the City Council to be
held on Monday, November IA 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.
oy D. Buol, Mayor
Consent Items: Pages 1 -4