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Proof_City Council Proceedings 11 4 13CITY OF DUBUQUE, IOW CITY COUA NCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. 0,1 November 4, 2013 in the Historic Federal Building, 350 W. 6th' Street. Present: Mayor Buol;' Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Miliigen, City Attorney Lindahi Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of con- ducting a work session on the Jule Transit Sys- tem Midtown Loop & Feeder ICAAP Grant Route Implementation. WORK SESSION Jule Transit System Midtown Loop & Feed - er ICAAP Grant Route Implementation Director of Transit 0p- erations Candace Eudaley and Transit Dispatcher Jodi John- son provided a slide presentation and infor- mation on how the Io- wa Clean Air Attain- ment Program (ICAAP) grant from the Iowa Department of Trans- portation will lead to increased frequenc and scope of Jule'Buy s service through new express routes and re- lated route improve- ments: Project purpose' • Common requests and concerns • Current service con- cept • New service concept • Trip time savings • Route improvements and changes • Public information Ms. Eudaley and Ms. Johnson responded to questions from the City Council There being no fur - her business, upon motion the City Council adjourned at 5:58 p.m. /s /Kevin S. Firnstahi, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL DINGS REGULAPROCEER SESSION The Dubuque City Council met'in regular session at 6;30 p.m November 4, 2013 in the H'storic Federal Buildingreet. , 350 W. 6th St Present: Mayor Buol; Counci Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Miliigen, City Attorney Lindah Mayor Buol read the call and stated this is a 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 PROCLAMATION(S) Philanthropy Day (No- vem5, Ka 201 was acceber pted 1byi ra 3) Mur- phy, Association of Fund Raising Professio- nals representative and Development Di rector for Finley Health Foundation, 350 N. Grandview Avenue; Key Club Week (No- vember 4 -8, 2013) was accepted by Pooja Pa- tel, Kiwanis Key Club representative, PO Box 563, Dubuque; Adoption Month (No- vember 2013) was ac- cepted by Andrew Browns, Iowa KidsNet, 255 JFK Road; Hunger and Homeless Awareness Month (No- vember 2013) was ac- cepted by David Wall of Project Concern, 1789 EIm Street; Hospice Month (No- vember 2013) was ac- cepted by Carole Car- roll of Hospice of Dubu- que, 2255 JFK Road. PRESENTATIONS) Dubuque Main Street Awards: Leisure Serv- ices (Manager Marie Ware' presented the Best New Construction Project award for the Port of Dubuque Mari- na; and Dubuque Main Street Executive Direc- tor Dan LoBianco pre- sented the Best Com- munity Development Project award for En- gine House No. 1. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and d s- pose of as indicated. Seconded by Resnick, Motion carried 7 -0. Minutes and ;Reports Submitted: Catfish Creek Watershed Man- agement Authority of 7/23; City Council Pro- ceedings of 10/21; Civil Service Commission of 10/21; Community De- velopment Advisory Commission of 10/16; Dubuque County Emer- gency Management Association of 2/6; His- toric Preservation Commission of 10/17; Human Rights Commis- sion of 9/9; Investment Oversight Advisory Commission of 10/23; Zoning Board of Ad- justment of 10/24; Proof of Publicationfor City Council proceed- ings of 10/7. Upon mo- tion the documents were received and filed. Notice of Claims and Suits: Robert Allemann for property damage; Avery Butler for prop- erty damage; Tom Ochs for property dam age. Upon motion the documents were 're- ceived, fired and refer - red to the City Attor- ney. Disposition of Claims: p i 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: Avery Butler for property damage; Tom Ochs for property damage; + Resurrection Church for property damage; Aaron Wailing for vehicle damage. Upon motion the docu- ments were received, filed and concurred: Convention and Visi- tors Bureau - fovea Tourism Award: Media release from Keith Rahe, President of the Convention and Visi- tors Bureau ',announc ing receipt of the Out- standing Promotional Materials and People's Choice Award from the Iowa Tourism Confer -' ence. Upon motion the documents were re- ceived and filed. Dubuque City Serv- ices Guide: City Man- ager transmitting the Dubuque City Services Guide. Upon motion the documents were re- ceived and filed. Delinquent Garbage Collection Charges: City Manager recom- mending approval of a resolution authorizing the City to certify gar- bage collection charg- es to the Dubuque County Treasurer in or- der to establish real property liens for col- lection of such charg- es. Upon motion the documents were re- ceived and 'filed and Resolution No. 311 -13 Authorizing the City to collect delinquent gar- bage collection charg- es in accordance with Title 6- 6 -3C2o; title 6 -6- 4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. Rockefeller Founda- tion 100 Resilient Cities (Cciv\ ' t Lv CD Centennial Challenge Team: City Manager recommending appro val to submit anlappli- cation for the Rockefel- ler Foundation 100 Re- silient °Cities Centenni- al Challenge Team . Upon motion the +docu - ments were received, filed and approved. Collective Bargaining - Operating Engineers Local #234: City Man- ager recommending approval of an Amend- ment to the Collective Bargaining Agreement between the City of Dubuque and the Inter- national Union of Oper- ating Engineers Local #234 as it relates to a part -time cashier posi- tion in the Utility Billing Department. Upon mo- tion the documents were received,; filed and approved. Voluntary Dental Plan: City Manager recom- mending approval of the new premiums for the Delta Dental Plan effective January 1, 2014 through Decem- ber 31, 2014 and au- thorizing the City Man- ager to sign the Finan- cial Exhibit. Upon mo tion the documents were 'received, filed and approved. National Association of State Park Directors: City Manager transmit- ting correspondence from Priscilla Giegis, President of the Na- tional Association of State Park Directors, to Governor Terry Bran- stad expressing grati- tude for hosting their 2013 Annual Confer- ence in Dubuque. Upon motion the documents were received and filed. Mississippi River Economy Summit: City Manager transmitting information regarding the October 16, 2013 Mississippi River Cities and Towns Initiative Economy Summit. Upon motion the docu- ments were received and filed. Access Ramp Installa- tion Project 2013 Ac- ceptance: City Manag- er recommending ac- ceptance of the con- struction contract for the 2013 Access Ramp Installation Project as completed by Midwest Concrete. Upon motion the documents were received and filed and Resolution No. 312 -13 Accepting the 2013 Ac cess Ramp Installation Project and authorizing the payment of the contract amount to the contractor was adopt- ed. Safe Routes to School Project Acceptance: City Manager recom- mending acceptance of '! 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: November 13, 2013, and for which the charge is $237.09. Subscribed to before me, . Notary Public in and for Dubuque County, Iowa, ,20 . this day of Notary Public in and for Dubuque County, Iowa. f MARY K. WLSTERM Y ER t Commission Number 154885 f? Co Exp. FEB'. 1, 201 the construction con- tract for the Safe Routes to School Pro- gram - Dubuque School Safety Improvements Project, as completed by McDermott Excavat- ing. Upon motion the documents were re- ceived and filed and Resolution No. 313 -13 Accepting the safe Routes to School Pro- gram - Dubuque School Safety Improvements Project #SRTS -U- 2100(663)•8U-31 and authorizing the pay- ment of the contract amount to the contrac- tor was adopted. STAR Communities Leadership Program: City Manager recom- mending approval to submit an application to join the STAR Com- munities Leadership program. Upon motion the documents were received, filed and ap- proved. Sustainable Dubuque Monthly Project Status Report: City Manager transmitting the Sus- tainable Dubuque Monthly Project Status Report for September 2013. Upon motion the documents were re- ceived and filed. Quarterly Investment Report: City Manager submitting the Quar- terly Investment Re- port for September 30, 2013. Upon motion the documents were re- ceived and filed. Appeal of Claim by Aaron Wailing: Corre- spondence from Aaron Walling appealing de- nial of his claim for ve- hicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Pizzimenti vs. City of Dubuque: City Attorney submitting information advising that the Nicole Kennedy et al. vs. Theresa Rivard and Marco Pizzimenti suit has been settled with no cost to the City. Upon motion the docu- ments were received and filed. Alliance Technologies, Inc.: Correspondence from Alliance Technol- ogies, Inc., informing the City that it intends to commence certifi- cated cable and /or vid- eo service in the city commencing on Febru- ary 1, 2014 pending ap- proval of the applica- tion. Upon motion the documents were re- ceived and fled. Iowa Economic Devel- opment Authority: Cor- respondence from the Iowa Economic Devel- opment Authority ad- vising that it is closing out the CEBA forgiva- ble loan for Medline In- dustries, Inc. Upon mo- tion the documents were received and filed. Canadian Pacific Rail- road Crossing Improve- ments Agreement: City Manager recommend- ing approval of the ex- ecution of an agree- ment with the Canadi- an Pacific Railway for the railroad crossing improvements on 9th and llth Streets for the one -way to two - way conversion proj- ect. Upon motion the documents were re- ceived, filed and ap- proved. Mediacom Communi- cations Company: Cor- respondence from Mediacom Communi- cations Company ad- vising the City of pro- gramming changes ef- fective on or about De- cember 10, 2013. Upon motion the documents were received and filed. Civil Service Commis- sion: Civil Service Com- mission submitting the certified list for the po- sition of Records Su- pervisor. Upon, motion the documents were received, filed and made a Matter of Re- cord. Improvement Con - tracts and Mainte- nance Bonds: A &G Electric for the Catfish Station Electrical Re- pairs FEMA Project; D &D Concrete, Inc. for the 2013 Curb Access Ramp Installation Proj- ect; Drew Cook & Sons Excavating for the 18th and Heeb Streets Re- taining Wall Slope Sta- bilization Project and the Usha Park Parking Lot Project. Upon mo- tion the documents were received, filed and approved. Signed Contracts: Veenstra & Kimm, Inc., for W &RRC north soft- ening basins rehabilita- tion; MWH Americas, Inc., change order for RBCA site investigation and wellhead rehabili- tation activities at the W &RRC. Upon motion the documents were received and filed. Alcohol License Renewals: City Manag- er recommending ap- proval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 314- 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 Regu a- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Li- censes and Permits was adopted. ITEMS TO BE SET FOR PUFILK1 HEARING Sale of Property - 317- 319 E. 22nd Street: City Manager recommend- ing that a public hear- ing be set for Novem- ber 18 to dispose of City -owned real prop- erty located at 317 -319 East 22nd Street to Danielle L. Minnick. Upon motion the docu- ments were received and filed and Resolu- tion No. 315-13 Resolu- tion of Intention to dis- pose of City -owned property, specifically, lot 1 -3 Kemp's Subdivi- sion 317 -319 East 22nd Street, in the City of Dubuque, County of Dubuque, Iowa, ac- cording to the record- ed plat thereof, 317 -319 East 22nd Street was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on November 18, 2013 in the Historic Federal Building. Fire Station No. 4 Me- chanical and Restroom Upgrade Project: City Manager recommend- ing initiation of the bid- ding process for the Fire Station No. 4 Me- chanical and Restroom Upgrade Project and further recommends that a public hearing be set for November 18, 2013. Upon motion the documents were received and filed and Resolution No. 316 -13 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; and ordering the ad- vertisement for bids (Fire Station No. 4 Me- chanical and Restroom Upgrade Project) was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on November 18, 2013 in the Historic Federal Building. Voluntary Annexation - Truck Country, 10785 U.S. Highway 61/151: City Manager recom- mending that a public hearing be set for De- cember 16, 2013 on the voluntary annexation application from McCoy Family Proper- ties for the voluntary annexation of territory south of the City, and generally located at Truck Country, 10785 U.S. Highway 61/151. Upon motion the docu- ments were received and filed and Resolu- tion No. 317 -13 Setting a public hearing on an application for volunta- ry annexation of terri- tory to the City of Du- buque, Iowa, was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on December 16, 2013 in the Historic Federal Building. BOARDS/ COMMISSIONS Appointments to the following commissions were made at this meeting: Environmental Stew- ardship Advisory Com- mission: One, 3 -year term through October 1, 2014 (vacant term of Splittstoeser). Appli- cants: Jacob Bergum, 247 West llth St. #8; Gina Makris, 166 Bluff St. Upon roll -call vote of 5 -2 (Bergum: Con- nors, Jones, Sutton, Braig, Buol; Makris: Lynch, Resnick), Jacob Bergum was appointed to a 3 -year term through October 1, 2014. Parks and Recreation Advisory Commission: One, 3 -year term through June 30, 2014 (Vacant term of Har- ris). Applicants: Robin Kennicker, 904 Lincoln Ave.; Randy Neal, 3771 Hillcrest Rd. Upon roll - call vote of 6 -1 (Kennicker: Connors. Jones, Lynch, Resnick, Braig, Buol; Neal: Sut- ton), Robin Kennicker was appointed to a 3- year term through June 30, 2014. 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. Motion by Connors to appoint Ro- nald Hammel, II, to a 1- year term through De- cember 31, 2013. Seconded by Braig. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Sale of Property - 1787 Washington Street (Row House): Proof of publication on notice of public hear- ing to consider the sale of property at 1787 Washington Street to Danika M. Carstens and the City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 318 -13 Approving the sale of real estate located at 1787 ' Washington Street, in the City of Dubuque, Iowa. Seconded by Braig. Laura Carstens, 2370 Shiras Avenue, speak- ing on behalf of her daughter, Danika Carstens, thanked the Council. Motion carried 7 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Progressive Process- ing, LLC / Hormel - State Assistance Appli- cation: City Manager recommending appro- val of the submission of a Business Financial Assistance Application to the Iowa Economic Development Authority on behalf of Progres- sive Processing, LLC, a subsidiary of Hormel Foods Corporation. Mo- tion by Braig to receive and file the documents and adopt Resolution No. 319 -13 Authorizing the filing of an applica- tion for State Business Financial Assistance on behalf of Progressive Processing, LLC. Seconded by Connors. Motion carried 7-0. Iowa Solar Readiness Initiative: City Manager recommending appro- val for Dubuque to par- ticipate in the Iowa Economic Development Authority's Iowa Solar Readiness Initiative, funded through the U.S. Department of En- ergy's Rooftop Solar Challenge II Sunshot grant. Motion by Resnick to receive and file the documents and adopt Resolution No. 320 -13 Resolution of the City Council of the City of Dubuque, ap- proving an agreement with the Iowa Econom- ic Development Au- thority to participate in the Iowa Solar Readi- ness Initiative as a pi- lot local government organization. Seconded by Jones. Motion car- ried 7 -0. COUNCIL MEMBER REPORTS Council Member Jones reported on the NICC EMS conference recently held at the Grand River Center and how pleased the at- tendees were with the destination and the amenities of the Port of Dubuque. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:08 p.m. re- garding pending litiga- tion and property ac- quisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick. Motion carried 7 -0. Upon motion the City Council reconvened in open session at 7:14 p.m. stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 7:15 p.m. /s /Kevin S. Firnstahl, CMC, City Clerk It 11/13 •