Council Member Evers moved to approve the Monday, May 20, 2013 agenda as presented seconded by Council Member Breitbach. Ayes: All

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1 Meeting of the Dyersville City Council, Monday, #14-13 Time: 6:00 p.m. Place: Council Chambers Roll Call: Present: Council Members: Molly Evers, Mike English, Mark Breitbach, Dan Willenborg & Bob Platz Absent: Mayor: James Heavens Council Member Evers moved to approve the Monday, agenda as presented seconded by Council Member Breitbach. Council Member Willenborg moved to pull RESOLUTION NO A RESOLUTION APPROVING THE PLAT OF WILLOW HEIGHTS SUBDIVISION #2 IN THE CITY OF DYERSVILLE, IOWA and have said voted on its own motion seconded by Council Member Evers. Ayes: Breitbach, Platz, Evers, Willenborg, English Council Member Evers moved to pull Flood Plain Development Application/Permit #13-03 David Ruden st St SW; (3-8 x 8 poles to replace deck and expansion) refer to Flood Plain Development Committee and have it voted on its own motion seconded by Council Member Breitbach. Council Member Willenborg moved to approve the Agenda Consent Calendar as amended seconded by Council Member Platz to Approve Bills; Approve Minutes: Council Meeting May 6, 2013; Board of Adjustment May 15, 2013; Receive and File minutes: James Kennedy Public Library Board of Trustees April 10, 2013; Planning & Zoning Commission May 13, 2013; Class B Native Wine Permit, Class B Beer Permit w/sunday sales: Mechelle s Designs, Crafts & Holiday Lighting; Class C Liquor License w/outdoor service & Sunday sales: Dyersville Golf & Country Club; Class C Liquor License w/sunday sales: Beckman Catholic High School (7/4/2013 7/8/2013); Building Permit # : Benjamin & Micki Jones, th Ave NE (additional bay/storage/office); RESOLUTION NO A RESOLUTION APPROVING FINAL PLAT OF LOT 1-2 & LOT 2-2 OF WESTRIDGE SUBDIVISION A DIVISION OF LOT 2 OF WESTRIDGE SUBDIVISION IN SECTION THIRTY ONE (31), TOWNSHIP EIGHTY-NINE NORTH (T89N), RANGE TWO WEST (R2W) OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF DYERSVILLE, DUBUQUE COUNTY, IOWA; RESOLUTION NO A RESOLUTION APPROVING THE PLAT OF WESTRIDGE ESTATES 9TH ADDITION IN THE CITY OF DYERSVILLE, IOWA; Authorize Mayor to Sign Contract Payment No. 5 to Anstoetter Construction Co. in the amount of $102, for the Chapel Area Street Repair 2012 Option B PCC paving project; Authorize City Administrator to Sign: Application & Agreement for use of Highway Right-of-Way for Utilities Accommodation Interstate Power & Light; Application & Agreement for use of Highway Right-of-Way for Utilities Accommodation Mediacom Communications Corporation; Set Date for Public Hearing on proposed plans and specifications, proposed form of contract and estimate of cost for the construction of the 12th Avenue SE project in and for the City of Dyersville, Iowa. Set date for June 3, 2013 at 6:00 P.M.; Approve Hire: Jeffrey Nystel (PD Summer Bike Patrol Intern); Leah Heacock (PD Summer Bike Patrol Intern); Request to Close Streets: Request from Dyersville Area Chamber of Commerce to close the area of 1st Ave E between 4th St SE & 3rd St SE for the 2013 Downtown Friday Nights (6/14, 7/12, and 8/9) and the area of 4th St between 1st Ave & 2nd Ave SE for the Fire Dept water ball fight in June & July. Also request to utilize the City Parking Lot next to James Kennedy Public Library for Downtown Friday Nights; Receive & File: Iowa Supreme Court denial of request from RAAC, LLC; Disposition of Appeal regarding ineligible property determination at 91 12th Ave SW; Correspondence from JKPL Board of Trustees regarding request for additional funding for to increase the salary of the Library Director and Assistant Director; Correspondence from State of Iowa Department of Justice regarding recent tobacco retailer sales to minors check failures; Correspondence from Tom Berger regarding approval of Dubuque County Multi-Jurisdictional Hazard Mitigation Plan; Request from Aaron Burbach regarding Rugby 7 s Tournament hosted by the Gentlemen of Dubuque Rugby Football Club use of Westside Park on June 15, 2013 for a one day Rugby tournament; IDNR Notification of Non-Acute Radium, Combined (226, 228) MCL Violation; 2013 Water Quality Report; State Auditor s Report for fiscal year ending June 30, 2012; Treasurer s Report April, 2013; Revenue and Expenditures Page 1 of 6

2 Report April, 2013; Staff Reports Police, Public Works, Park & Recreation, Library, City Administrator; Miscellaneous Correspondence: Mediacom notification of channel changes on or about June 25, 2013; Dyersville Area Aviation Airport News April, 2013; Greater Dubuque Development Corporation Business Matters May, 2013; ECIA Spring, 2013 Newsletter. The following bills were approved for payment: Acco Supplies $ 2, Ace Homeworks Supplies $ Active Network Fees $ Alliant Energy Electricity $ Amazon Books/DVD s/subscriptions $ 1, Baker & Taylor Books Books/DVD s $ 1, Battery Center, The Supplies $ Benton, Kim Reimbursement $ Bi-County Disposal Inc. Garbage $ 2, Bike Shack, The Service/Parts $ Black Hills Energy Natural Gas $ 1, Bonifas, Pete Reimbursement $ Cardmaker Credit Card $ 1, Center Point Publishing Books $ City Clerk Petty Cash $ CMA Welding LLC Supplies $ Coyle, Rhonda Mailbox Replacement $ Crafts 'N Things Subscription $ Crescent Electric Supply Supplies $ 9, Demco Educational Corp Supplies $ Dick's Sporting Goods Supplies $ Dingbaum, Eileen Deposit Refund $ Driscoll, Jeff & Amy Babe Ruth Refund $ Dyersville Commercial Ads $ East Central Intergovernmental Meeting $ 2, Fareway Stores Inc. Supplies $ Fixmer, Elizabeth Program Fee $ Gaylor, Lisa Reimbursement $ Gibson, Keith, Phd Evaluation $ Grey House Publishing Books $ Hach Company Supplies $ Hammann, Gregg & Carol Babe Ruth Refund $ Hawkins Water Treatment Supplies $ Heritage Printing Co Supplies $ 6.50 In The Swim Supplies $ Iowa Dept of Nat Resources Certification $ Iowa Dept of Natural Resources Permit $ Iowa Finance Authority Bond $ 248, Iowa Library Association Meeting $ 5.00 Iowa One Call Iowa One Call $ Iowa State University Training $ J & J Lawn Care Service $ 2, J & R Supply Supplies $ JNR Safety, Inc Supplies $ John Deere Financial Supplies $ K & K Logo Designs Ltd. Supplies $ Keystone Laboratories Testing $ Kid's Reference Co Books $ Krapfl Inc, F L Service $ Krapfl, Zachary Babe Ruth Refund $ Kuhlman Construction Co Lime/Rock $ Kwik Stop Convenience Store Gas/Diesel $ 1, Page 2 of 6

3 Large Print Overstocks Books $ Maquoketa Valley R.E.C. Electricity $ 6, McNally, Travis Reimbursement $ McNeese, Allison Presentation Fee $ Meyer Mechanical Contracting Supplies/Service $ 1, Midwest Business Products Contract $ Monticello Sports Inc Supplies $ Mr. Lock & Key Supplies $ Municipal Emergency Service Equipment $ Net-Smart Inc Website $ Outdoor Recreation Prod. Supplies $ 13, Payless Foods Supplies $ Pitney Bowes Postage $ Prier Bros Inc Contracted Service $ 102, Quik N Handi II Gas/Diesel $ 2, Quill Corporation Supplies $ Recorded Books LLC Books $ Riesberg Rental Rental $ Riniker, Jerome Babe Ruth Refund $ RK Dixon Co Contract $ Rudzianski's Business Equipment Copy Machine $ Sandol Laboratory Testing $ Scherrman's Appliance Equipment $ 1, Schlinder, Brock Babe Ruth Refund $ Schrandt, Dawn Reimbursement $ 9.99 Sherwin-Williams Supplies $ Singsank, Joyce & Tim Janitorial $ Singsank, Tim Janitorial $ Singsank, Tim & Joyce Janitorial $ Smith, Brandy Deposit Refund $ Spahn & Rose Lumber Co Supplies $ Speer Financial Service $ Stetson Building Products Supplies $ Subway Sandwiches & Salad Supplies $ Superior Welding Supply Co Supplies $ Taste of Home Books Book $ Tauke Motors Rental $ Three Rivers Ss Company Gas/Diesel $ Tile Alive Service $ Tyco Simplexgrinnell Alarm System $ 1, Tyler Technologies Maintenance Contract $ 14, United Rentals Rental $ 1, Vonderhaar, Shirley Reimbursement $ Weber Paper Company Supplies $ Willenborg Ag Service Supplies $ 3, Windstream Telephone $ General Fund $ 141, Library Trust Fund $ 1, Road Use Fund $ 11, CDBG $ 2, Dyersville TIF Dist Fund $ Capital Projects Fund $ 13, Water Fund $ 8, Water Sinking Fund $ 50, Sewer Fund $ 8, Page 3 of 6

4 611 Sewer Sinking Fund $ 198, Solid Waste Fund $ 5, ===Bills List Total=== $ 440, April Treasurer s Report Summary 001 General Fund -$ 199, Library Trust $ 40, Road Use Tax $ 98, Trust & Agency Fund $ 26, Local Option Tax Reserve $ 1,914, Local Option Sinking Fund -$ 2, CDBG $ 166, Dyersville TIF District $ 1,079, Debt Service $ 545, Capital Projects Fund -$ 3,497, Capital Equipment $ Water Fund $ 667, Water Sinking Fund -$ 453, Sewer Fund $ 1,588, Sewer Sinking Fund -$ 487, Solid Waste Fund $ 62, Payroll Fund $ ===Total=== $ 1,549, Roll call vote: Ayes: Breitbach, English, Willenborg, Evers, Platz Council Member Platz moved to approve RESOLUTION NO A RESOLUTION APPROVING THE PLAT OF WILLOW HEIGHTS SUBDIVISION #2 IN THE CITY OF DYERSVILLE, IOWA seconded by Council Member Evers. Roll call vote: Ayes: Breitbach, English, Evers, English Abstain: Willenborg because purchasing a lot in subdivision Council Member Breitbach moved to approve Flood Plain Development Application/Permit #13-03 David Ruden st St SW; (3-8 x 8 poles to replace deck and expansion) the permit expires (1) one year from the date of issuance seconded by Council Member Platz. Roll call vote: Ayes: Platz, Evers, English, Breitbach, Willenborg Council Member Evers moved to open Public Hearing at which it is proposed to approve an application for voluntary annexation of properties owned by Nickol, LLC. and Ram Mini Storage, LLC seconded by Council Member Willenborg. Council Member Willenborg moved to close the public hearing seconded by Council Member Evers. Council Member Platz moved to approve RESOLUTION NO A RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF LOT 1 OF MARK MEYERS ACERS IN NEW WINE TOWNSHIP, DUBUQUE COUNTY, IOWA AND LOTS 1 OF K.J. BRIES SUBDIVISION AND LOT 5 OF NICKOL Page 4 of 6

5 BUSINESS PARK, IN NEW WINE TOWNSHIP, DUBUQUE COUNTY, IOWA seconded by Council Member Willenborg. Roll call vote: Ayes: Willenborg, English, Platz, Evers, Breitbach Council Member Breitbach moved to open Public Hearing on proposed action to institute proceedings to enter into a loan agreement and borrow money in a principal amount not to exceed $2,550, seconded by Council Member Willenborg. Council Member Willenborg moved to close the public hearing seconded by Council Member Evers. Roll call vote: Ayes: Willenborg, Platz, Breitbach, Evers, English Council Member Platz moved to open Public Hearing on proposed action to institute proceedings to enter into a loan agreement in a principal amount not to exceed $275, seconded by Council Member Breitbach. Council Member Platz moved to close the public hearing seconded by Council Member Breitbach. Council Member Willenborg moved to approve RESOLUTION NO A RESOLUTION TAKING ADDITIONAL ACTION TO ENTER INTO AN ESSENTIAL LOAN AGREEMENT AND A SOCIAL CENTER LOAN AGREEMENT AND COMBINING LOAN AGREEMENTS seconded by Council Member Evers. Roll call vote: Ayes: Platz, Breitbach, Willenborg, English, Evers Council Member Platz moved to open Public Hearing at which it is proposed to approve a Lease Agreement with Navistar Capital seconded by Council Member Willenborg. Council Member Evers moved to close the public hearing seconded by Council Member Willenborg. Council Member Breitbach moved to approve RESOLUTION NO A RESOLUTION APPROVING LEASE AGREEMENT WITH NAVISTAR CAPITAL (A GE CAPITAL CORPORATION) seconded by Council Member Evers. Roll call vote: Ayes: Willenborg, Evers, English, Platz, Breitbach Council Member Evers moved to open Public Hearing on amendment of current city budget for fiscal year ending June 30, 2013 seconded by Council Member Willenborg. Council Member Platz moved to close the public hearing seconded by Council Member Willenborg. Page 5 of 6

6 Council Member Evers moved to approve RESOLUTION NO A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2013 seconded by Council Member Platz. Roll call vote: Ayes: Evers, English, Platz, Breitbach, Willenborg Council Member Platz moved to approve RESOLUTION NO A RESOLUTION MOVING TO REZONE CERTAIN PROPERTY FROM A-1 AGRICULTURAL TO R-1 RESIDENTIAL & REFER TO THE PLANNING & ZONING COMMISSION seconded by Council Member Breitbach. Roll call vote: Ayes: English, Platz, Breitbach, Willenborg, Evers Council Member Willenborg moved to approve of payment to Castle Hill Subdivision/Tom Hageman in the amount of $23, for sewer improvements (permits # & ) seconded by Council Member Platz. Roll call vote: Ayes: Platz, Evers, Breitbach, Willenborg, English Council Discussion and Project Update on the Reinstallation of the Memorial Building Clock presented by Judy Weber with the Dyersville Historical Society. Council Member Evers moved to adjourn at 7:32 p.m. seconded by Council Member Platz. Michael J. English, Mayor Pro-Tem ATTEST: Tricia L. Maiers, City Clerk/Treasurer Page 6 of 6

Council Member Platz moved to pull the Bob Platz reimbursement and have said voted on its own motion seconded by Council Member Evers.

Council Member Platz moved to pull the Bob Platz reimbursement and have said voted on its own motion seconded by Council Member Evers. Meeting of the Dyersville City Council, Monday, #25-13 Time: 6:00 p.m. Place: Council Chambers Roll Call: Present: Mayor James Heavens Council Members: Mike English, Bob Platz, Mark Breitbach, Molly Evers