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Proof of Publication_City Council Proceedings 11 18 13CITY 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 Buol Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager, 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 con- ducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 7 -0. Minutes and Reports Submitted: Cable TV Commission of 10/2; City Council proceed- ings of 11/4; Civic Cen- ter Advisory Commis- sion 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 Com- mission of 11/6; Proof of Publication for City Council proceedings of 10/21; Proof of Publica- tion for List of Claims and Summary of Reve- nues Month Ended 9/30. Upon motion the documents were re- ceived and filed. Notice of Claims and Suits: Scott Estal for personal injury; Nancy Freiburger for personal injury; Joseph Healey for property damage; Steven Steines for ve- hicle damage. Upon motion 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: Robert Allemann for property damage; Nancy Frei - burger for personal in- jury. Upon motion the documents were re- ceived, filed and con- curred. Project HOPE - Na- tional League of Cities Conference Presenta- tion: correspondence from Eric Dregne, Vice President of Strategic Initiatives for the Com- munity Foundation of Greater Dubuque, in- forming the City that Project HOPE was in- vited to present on Re- Engage Dubuque at the National League of Cit- ies Conference in Seat- tle, Washington, No- vember 13 -16, 2013. Upon motion the docu- ments were received and filed. Abstract of Votes - 2013 General Election: Dubuque County Board of Supervisors submit- ting the Abstract of Votes for the General Election held the 5th day of November, 2013. Upon motion the docu- ments were received and filed. Smarter Cities Chal- lenge - Workforce Sol- utions: City Manager recommending appro- val of the IBM Smarter Cities Challenge appli- cation to address workforce develop- ment issues. Upon mo- tion the documents were received, filed and approved. Fiscal Year 2013 State of Iowa Annual Finan- cial Report: City Man- ager recommending approval of the City of Dubuque's Fiscal Year 2013 Annual Financial Report. Upon motion the documents were received, filed and ap- proved. Gavilon Grain - As- signment of Gypsum Storage and Handling Agreement with Bene- ficial Reuse Manage- ment: City Manager recommending appro- val of the Assignment of the Gypsum Storage and Handling Agree- ment from the City of Dubuque to Gavilon Grain. Upon motion the documents were re- ceived and filed and Resolution No. 321 -13 Approving the assign- ment of Gypsum Stor- age and Handling Agreement between the City of Dubuque, Iowa and Gavilon Grain, LLC was adopt- ed. Usha Park Parking Lot Project - Recording Memo: City Manager recommending that the award for the Usha ural Resources for Phase 4 of the Iowa 32 Bike /Hike Trail was adopted. AmeriCorps Grant Ap- plication: City Manager recommending appro- val of the 2014 -2015 AmeriCorps Grant ap- plication recently sub- mitted to the Iowa Commission on :Volun- teer Service. Upon mo- tion the documents were ''received,' filed and approved. Dodd's River Termi- nal, Inc.: City Attorney submitting , a Quit Claim Deed and Reso- lution releasing all in- terests in certain real estate in the South Port related to Dodd's River Terminal, Inc. Upon motion the docu- ments were received and filed. Purchase of Property - 1401 and 1421 Elm Street: City Manager recommending author- ization for the City of Dubuque to enter into a purchase agreement with Angela Mangeno to acquire 1401 -1421 Elm Street. Upon mo- tion the documents were received and filed and Resolution No. 324- 13 Approving the ac- quisition of real estate known as Lot 142 in East Dubuque Addition 1401 -1421 Elm Street in the City of Dubuque, Iowa, was adopted. Purchase of Property - 2426 Washington Street: City Manager recommending acquisi- tion of property at 2426 Washington Street from Merlin and Mary Rose Reuter, authoriz- ing acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the offer. Upon motion the docu- ments were received and filed and Resolu- tion No. 325 -13 Approv- ing the acquisition of real estate owned by Merlin Reuter and Mary Rose Reuter in the City of Dubuque was adopted. Purchase of Property - 510 East 22nd Street: City Manager recom- mending approval to purchase property at 510 E. 22nd Street from Anomaly on Music Row, L.C., and author- ize acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the offer. Upon motion the docu- ments were received and filed and Resolu- tion. No. 326 -13 Approv- ing the acquisition of real estate owned by Anomaly on Music Row, L.C. in the City of Dubuque was adopted. Purchase of Property - 427 -429 Rhomberg Avenue: City Manager recommending appro- val to purchase proper- ty at 427 -429 Rhomberg Avenue and authorize acceptance of the War- ranty Deed and any other related steps necessary to carry out the terms of the offer. Upon motion the docu- ments were received and filed and Resolu- tion No. 327 -13 Approv- ing 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 was adopted. Code of Ordinances - Adoption of Supple- ment No. 13: City Clerk recommending adop- tion of Supplement No. 13 to the City of Dubu- que Code of Ordinan- ces, which codifies Or- dinance 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. Upon motion the documents were re- ceived and filed and Resolution No. 328 -13 Adopting Supplement No. 13 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. ARC Transfer Center Phase I Project Accept- ance: City Manager recommending accept- ance of the construc- tion contract for the ARC Transfer Center Phase I Project, as completed by Murphy Construction. Upon motion the documents were received and filed and Resolution No. 329- 13 Accepting the ARC Transfer Center Phase I Project and authoriz- ing the payment of the contract amount to the contractor was adopt- ed. Historic Preservation Commission: Historic Preservation Commis- sion submitting a re- quest to appoint Com- missioner Robert McDonell as a tempo- rary commissioner for the Jackson Park His- toric District due to a change in residency ment with American River Transportation Co., d /b /a Artco Fleet- ing Service. Upon mo- tion the documents were received and filed. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Mindframe Theaters: City Manager recom- mending approval of the Acknowledgment/ Settlement Agreement for an alcohol compli- ance violation for Mindframe Theaters, 555 JFK Road, #105. Upon motion the docu- ments were received, filed and approved. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Olive Garden Italian Restaurant: City Man- ager recommending approval of the Acknowledgment/Settl ement Agreement for an alcohol compliance violation for Olive Gar- den Italian Restaurant, 3350 Dodge Street. Upon motion the docu- ments 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. 331- 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 - West of 1895 John F. Kennedy Road: City Manager recommend- ing that a public hear- ing be set for Decem- ber 2, 2013, for the pur- pose of disposing of the 1.4 acre City - owned parcel adjacent to and west of 1895 John F. Kennedy Road to Molo Oil Company. Upon motion the docu- ments were received and filed and Resolu- tion No. 332 -13 Resolu- tion of Intent to dis- pose of an interest in City -owned real prop- erty by sale to Molo Oil Company was adopted setting a public hear- ing for December 2, 2013 in the Historic Federal Building. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Request to Rezone - 1822 Creek Wood Drive: Proof of publica- tion on notice of public hearing to consider a request by Marty McNamer to rezone property at 1822 Creek Wood Drive from C -2c Neighborhood Shop- ping Center District with Conditions to R -3 Moderate Density Multi - Family Residen- tial District and the Zoning Advisory Com- mission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 52 -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 1822 Creek Wood Drive from C -2 Neighborhood Shopping Center Dis- trict with conditions to R -3 Moderate Density Multi - Family Residen- tial District. Seconded by Braig. Motion car- ried 7 -0. Sale of Property - 317- 319 East 22nd Street: Proof of publication on notice of public hear- ing to consider the sale of City -owned real es- tate at 317 -319 East 22nd Street to Danielle L. Minnick and the City Manager recommend- ing approval. Motion by Braig to receive and file the documents and adopt the Resolution No. 333 -13 Approving the documents and ap- prove the recommen- dation. Seconded by Jones. Motion carried 7-0. Drainage Basin Mas- ter Plan 2013 Amend- ment: City Manager recommending adop- tion of the 2013 Amendment to the Drainage Basin Master Plan. Motion by Jones to receive and file the documents and adopt Resolution No. 335 -13 Adopting the City of Dubuque 2013 Drain- age Basin Master Plan Amendment. Seconded by Connors. Civil Engi- neers Deron Muehring and Jon Dienst re- sponded to questions from the City Council regarding the criteria by which the alleys are chosen for permeable pavers, cost compari- sons, soil conditions, slope /grade issues and assessments. Motion carried 6 -1 with Resnick voting nay. State Flood Mitigation Grant Application: City Manager recommend- ing approval to submit an application to the State of Iowa Flood Mitigation Program Board for $98,494,178 in state sales tax incre- ment funding for the Bee Branch Watershed Flood Mitigation Proj- ect. Motion by Braig to receive and file the documents and adopt Resolution No. 336 -13 Approving application for State of Iowa Flood Mitigation Program funding for the Bee Branch Watershed Flood Mitigation Proj- ect; and Resolution No. 337 -13 Local match resolution for the Flood Mitigation Program. Seconded by Braig. Civil Engineer Deron Muehring, Planning Services Manager Laura Carstens, Assis- tant City Manager Teri Goodmann, and Budget Director Jenny Larson presented a slide pre- sentation that provided information on Dubu- que's flooding history and associated costs; watershed hydrology; Drainage Basin Master Plan; watershed solu- tions and project phas- es; conformance with City goals, priorities, policies and initiatives; citizen advisory com- mittee; funding op- tions, sources and funding request; par - tnerships; financial de- tail; and state sales tax increment funding; The video documenting the flood of July 2011 was presented. Staff re- sponded to questions from City Council. Mo- tion carried 7 -0. Special Assessments Interest Rates: City Manager recommend- ing approval to reduce the special assessment interest rate from 9% to 3 %, creating an op- portunity for property owners to pay their as- sessments at 3% inter- est over 15 years. Mo- tion by Connors to re- ceive and file the docu- ments and approve the recommendation. Sec- onded by Braig. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Braig welcomed Boy Scout Troup 48 and thanked them for attending the meeting. Braig also asked for consensus from the Council for asking staff to investi- gate ordinances regu- lating payday estab- lishments and for the Environmental Stew- ardship Advisory Com- mission to provide in- formation on fracking. Both items were refer- red to staff. Council member Jones acknowledged Troup 48 Scout Master and Building Services Inspector Jeff Zasada and thanked the Fire Department for their efforts on the early - morning fire on Roose- velt Street. There being no fur- ther business, upon motion the City Council adjourned at 8:26 p.m. /s /Kevin S. Firnstahl, CMC, City Clerk it 11/27 STATE OF IOWA {SS: DUBUQUE COUNTY CE TIFICATION 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 27, 2013, and for which the charge is $230.23. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ter; day of , 20 Votary Public in and for Dubuque County, Iowa. tlocuments were re- I Project and authoriz red 7 -0 ceivetl and filed antl ing the payment of the Sale of Property - 317- Resolution No. 321 -13 contract amount to the 319 East 22nd Street: Approving the assign- contractor was adopt -.' Proof of pubecation •n meet of Gypsum Stor- ed. notice °of public hear age and Handling Historic Preservation ng to consider the sale Agreement between Commission: Historic of City -owned real es- the City' of Dubuque, Preservation I Commis tate at 317 -319 East. iowa and Gavilon sion submitting a re 22nd Street to Danielle Grain, LLC was adopt- quest to appoint Com -i L. Minnick and the City ed. missioner Robert Manager recommend -'i Usha Park Parking Lot McDonell as a tempo ing approval. Motion Project '- Recording rary commissioner for' by Braig to receive and Memo: City Manager the; Jackson Park His -r f le the documents and; recommending that 'the tonic Distract due to a' adopt the Resolution award for the Usha change in residency No. 33313 Approving Park Parking Lot Proj- and! until such time the sale of real estate! ect to Drew Cook & that a resident of the specifically 317 -319; Sons Excavating, inc., district applies and is East 22nd Street. be officially recorded appointed. Upon mo Seconded by Jones.' in the minutes of the tion' the documents Motion carried 7 -0. City Council. Upon mo- were received, filed Fire Station No. 4 Me- tion the documents and'approved chanical and Restroom were received, #filed Citizen Correspond -' Upgrade Project:lProof' and made a Matter of ence: Correspondence of publication on no- Record. from Dave and Anne tice of 'public hearing' Plat of Survey - 1895 Hartig regarding the to consider approval of Kennedy Road: Zoning use ; of engine brakes plans, specifications Advisory Commission within the city limits. ! form of contract, and' requesting approval' of Upon motion the tlocu- estimated cost for the" the PIa# of Survey for menu were received, Fire Station No. 4 Me Westview Shopping filed and referred to chanical and Restroom' Center Place No. 4 Lots the City Manager. Upgrade Project and 1 and 2. Upon motion Sixteenth Street Rail the City Manager rec the tlocuments were road Crossing Ap- ammending approval received and filed and proacn Pavement Re- i Motion by tones #o re Resolution+ No. 322 -13 movai' and 'Replace- ! ce tie and #lie the docu Approving the Plat 'of ment Project Accept- menu and adopt Reso - Survey Lot 1 and Lot 2 ante: City Manager ution No. 334 -13' Ap of westview Shopping recommending accept - proval of plans, specifi Center Place No. 4 was ante of the construe- cations, form of con adopted. #ion contract ! for the ; tract, and estimated REAP Grant Agree- 16th Street Railroad cost for the Fire Station ment for Iowa 32 Crossing Approach No 4 Mechanical and Bike /Hike Trail - Phase Pavement Removal and Restroom Upgrade 4: C ty Manager recom Replacement Project, Project, Seconded by mending approval of a as completed by Connors. Motion car- resolution and the Fs Portzen Gonstruction, rietl 7 -0. cal Year 2014 REAP Inc. Upon motion the Upon motion the rules grant agreement relat- documents were re• were reinstated limit- ed to Phase 4 of the jo- ceivetl and flied and ing discussion to the wa 32 Bike /Hike Trail Resolution No 330 -13 City Council. along the Northwest Accepting the 16th ACTION ITEMS Arterial from Holliday Street Railroad Cross - Sustainable Dubuque Drive to Pennsylvania ing Approach' Pave• Community Grant Rec- Avenue. Upon motion ment Removal' & Re- om ity Me ions Round the documents were placement Project and 3: City Manager recom- received and tiled and authorizing the pay- mending funding of Reso ution 'No. 323 -13 meat of the contract Round 3 of the Sustain - Authorizing+ REAP amount to the contrac a ble Dubuque Com- Grant application to io- for was adopted. mumty grant applica- wa Department of Nat- Signed Contracts 'tions, Motion by Con- Docking license agree - 'Hors to receive and file