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Proof_City Council Proceedings 04.20.15STATE 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: April 29, 2015, and for which the charge is $340.46. /V, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /ems day of , 20 /S . otary Public in and for Dubuque County, Iowa. •F WiARY K. WESTERMEYER Commission Number 154885 My Comm, E. E-A7.1. FEB 1, 2017 thonline.com • Telegraph Herald • Wednesday, April 29, 2015 7E CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 20, 2015 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol (via phone); Mayor Pro Tem Braig; Council Members Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Pro Tem Braig read the call and Commission of 3/9, Library Board of Trustees Report of 4/1, Zoning Advisory Com- mission of 4/1, Zoning Board of Adjustment of 3/26, Proof of Publi- cation for City Council Proceedings of March 12 & 16, Proof of Publication for List of Claims and Summary of Revenues for Month Ending 2/28. Upon mo- tion the documents were received and filed. 2. Notice of Claims and Suits: Robert & Sally Boynton for vehicle damage, Betty Brennan for property damage, David & Margaret Ehlers for property damage, Tho- mas Gaul/JC Real Estate for property damage, Ernesto Gu- tierrez for vehicle damage, Karen Har- rington for property damage, Harold & Betty Welter for pro- perty damage. Upon motion the documents were received, filed and referred to the 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 As- surance Pool: Betty Brenan for property damage, Robert & Sally Boynton for vehicle damage, Thomas Gaul/ JC Real Estate for property damage, Ernesto Gutierrez for vehicle damage, Karen Harrington for property damage, Trigger Happy Tattoo for loss of revenue, Harold and Betty Welter for pro- perty damage. Upon motion the documents were received, filed and concurred. 4. Sustainable Dubuque Community Grant Recommenda- tions: City Manager recommending funding of nine Sustainable Dubuque Community grant requests as submitted by Sustain- able Dubuque Coor- dinator Cori Burbach and the Application Review Committee. Upon motion the documents were re- ceived, filed and approved. . 5. Storybook Hill Children's Zoo Boo- sters - Renewal of Lease: City Manager recommending ap- proval of a one-year lease that may be renewed by mutual agreement for four more one-year terms with Dubuque Child- ren's Zoo Boosters, Inc., for approximately ten acres of Roosevelt Park on North Cascade Road to operate the Storybook Hill Child- ren's Zoo. Upon motion the documents were received, filed and approved. 6. Five Flags Center - Fiscal Year 2016 De- tailed Operating Bud- get: City Manager recommending appro- val of the Fiscal Year 2016 Five Flags Center proposed operating budget submitted by SMG. Upon motion the documents were re- ceived, filed and approved. 7. Lower Main Development, LLC Sub- ordination Agreement: City Manager recom- mending approval of the execution of the Subordination Agree- ment with Lower Main Development, LLC for the mortgage on the property located at 137 Main Street. Upon motion the documents were received, filed and approved. 8. Linseed Oil Paintworks Building Project - Contract Amendment No. 7: City Manager recommend- ing approval of an amendment to the CDBG Contract extend- ing the completion deadline to December 31, 2015 for the Linseed Oil Paintworks Building project. Upon motion the documents were received and filed and Resolution No. 121-15 Authorizing the exe- cution of an Amend- ment to the Com- munity Development Block Grant (CDBG) Housing Disaster Re- covery Fund Contract between the Iowa Economic Development Authority and the City of Dubuque for the Linseed oil Paintworks Company Building Extending the contract completion deadline was adopted. 9. Pier Pressure Marine IA, Inc. - Collateral Assignment: City Manager recom- mending approval of the Collateral Assign - Economic Development District was adopted. 12. Amendment to Collective Bargaining Agreement - Team- sters Local No. 120: City Manager recom- mending an Amend- ment to the Collective Bargaining Agreement with the Teamsters Union Local 120 to provide for a work week that consists of ten hours per day and four days per week for the Maintenance - worker, Airfield Main- tenanceworkers and Mechanic assigned to the Airport Depart- ment. Upon motion the documents were re- ceived, filed and approved. 13. U.S. Army Corps of Engineers Correspon- dence: The City Manager transmitting the City of Dubuque's comments to Rock Island District's letter inviting comments re- garding possible future changes to Public Law 84-99 Rule Making. Upon motion the document was re- ceived and filed. 14. Acquisition Plat - John F. Kennedy Road and West 32nd Street Right -of -Way: City Manager recommend- ing acceptance of additional right-of-way at the intersection of JFK Road and West 32nd Street for certain intersection improve- ments required by agreement with Kivia- han Farms, LLC. Upon motion the documents were received and filed and Resolution No. 123- 15 Approving the Acquisition Plat of Lots A and B of Block 2 of Arbor Estates in the City of Dubuque, Iowa, was adopted. 15. Iowa and Locust Streets Parking Ramps Repair Project Accept- ance: City Manager recommending accept- ance of the con- struction contract for the Iowa and Locust Streets Parking Ramps Repair Project, as completed by Western Waterproofing. Upon motion the documents were received and filed and Resolution No. 124- 15 Accepting the Iowa and Locust Parking Ramp Repair Project and authorizing the payment of the con- tract amount to the contractor was adopted. 16. Arrowhead Drive Storm Sewer Project Acceptance: City Man- ager recommending that the completion and acceptance of the Arrowhead Drive Storm Sewer Project as completed by Top Grade Excavating be officially recorded in the minutes of the City Council. Upon motion the documents were received and filed and Resolution No. 139-15 Authorizing the Arrow- head Drive Storm Sewer Project and authorizing the pay- ment to the contractor was adopted. 17. 2015 Access Ramp Installation Project One Award: City Manager recommending that the award for the 2015 Access Ramp Instal- lation Project - Project one to Midwest Concrete, Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 18. Urban Deer Management Plan 2015- 2016: City Manager recommending appro- val of the 2015-2016 City of Dubuque Urban Deer Management Plan as approved by the Environmental Stew- ardship Commission at their April 7, 2015 meeting. Upon motion the documents were received, filed and approved. 19. Dubuque Metro- politan Area Solid Waste Agency: Corre- spondence from the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) ad- vising the City of the Agency's Fiscal Year 2016 budget and fee schedule. Upon motion the documents were received and filed. 20. Dubuque Circles® Initiative Contract with Circles® USA: City Manager recommend- ing authorization for the Mayor to sign the contract with Circles® USA for consulting services for the Dubuque Circles® chapter. Upon motion the documents were received, filed and approved. 21. Mediacom Com- munications Company: Correspondence from Mediacom Communi- an alcohol compliance violation for Pizza Hut #4691, 320 East 20th Street. Upon motion the documents were received, filed and approved. 25. Alcohol and Tobacco License Re- newals: City Manager recommending appro- val of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo- tion the documents were received and filed and Resolution No. 125- 15 Approving appli- cations 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; and Reso- lution No. 126-15 Approving applications for retail cigarette/ tobacco sales permits, as required by Iowa Code 453A.47A were adopted. ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. 1. SRF Green Alley Project Bid Set 1 - Year 3: City Manager recommending initia- tion of the public bidding process for the SRF Green Alley Project Bid Set 1 - Year 3 Project, and further recommends that a public hearing be set for May 18, 2015. Upon motion the documents were received and filed and Resolution No. 127- 15 Preliminary ap- proval of plans, specifications, form of contract, and esti- mated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; and ordering the advertisement for bids; Resolution No. 128-15 Approving the Plats, Schedule of Assess- ments and estimate of total cost for the SRF Green Alley Bid Set 1 - Year 3 Project; Reso- lution No. 129-15 Resolution of Necessity for the SRF Green Alley Bid Set 1 - Year 3 Project; and Resolution No. 130-15 Fixing date of public hearing on Resolution of Necessity were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 18, 2015 in the Historic Federal Building. 2. Trinity Affordable Housing Corporation's Purchase of Sheridan Village Apartments: City Manager recom- mending that a public hearing be set for May 18, 2015 to approve the issuance of tax-exempt bonds related to Trinity Affordable Housing Corporation's pro- posed purchase of Sheridan Village Apart- ments. Upon motion the documents were received and filed setting a public hearing for a meeting to commence at 6:30 p.m. on May 18, 2015 in the Historic Federal Building. 3. Industrial Center Urban Renewal - Resolution of Neces- sity: City Manager recommending appro- val of a Resolution of Necessity that finds that an Amended and Restated Urban Renew- al Plan for the Dubuque Industrial Center Eco- nomic Development District is both necessary and appro- priate and sets a public hearing on the proposed amendment for June 1, 2015. Upon motion the documents were received and filed and Resolution No. 131- 15 Resolution of Necessity finding that certain areas adjacent to the established Dubuque Industrial Center Economic Devel- opment District meet the. definition of an Economic Development Area under the Urban Renewal Law, that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consul- tation on a proposed amendment to the Amended and Restated Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 1, Resolution No. 133-15 Fixing date for a meeting on the proposition of the issuance of not to exceed $3,000,000 Gen- eral Obligation Bonds of the City of Dubuque, State of Iowa (Essen- tial Corporate Pur- pose), and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 4, 2015 in the Historic Federal Building. 6. Sales Tax Incre- ment Revenue Bonds (Flood Mitigation Pro- gram): City Manager recommending that a public hearing be set for May 4, 2015, on the proposition of selling not to exceed $24,500,000 in Sales Tax Increment Reve- nue Bonds (Flood Mitigation Program), the proceeds of which will be used to pay costs of the Bee Branch Watershed Flood Mitigation Pro- ject. Upon motion the documents were re- ceived and filed and Resolution No. 134-15 Fixing date for a meeting on the proposition of the issuance of not to exceed $24,500,000 Sales Tax Increment Revenue Bonds of Dubuque, Iowa, and providing for publica- tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 4, 2015 in the Historic Federal Building. BOARDS/ COMMISSIONS 1. Appointment to the Electrical Code Board: One 3-Year term through May 21, 2017 (Vacant term of Pfohl). Applicants: Zach Dow- ell, 2055 Winne Ct. (Qualifies as Jour- neyman/Maintenance); and Andy Palmer, 1865 Rosemont St. (Addi- tional Applicant - Qualifies as Journey- man/Maintenance). Upon roll -call vote of 5- 2 (Resnick and Connors voting for Dowell), Andy Palmer was appointed to a 3-year term through May 21, 2017. Council Member Jones reiterated that applicants to City boards and commis- sions are strongly encouraged to attend the Council meeting on which the application appears to speak to the appointment. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil on the following items. 1. Request to Rezone - 1072 Locust Street: Proof of publication on notice of public hearing to approve a request by Ted Stackis to rezone property located at 1072 Locust Street from OR Office Residential to OC Office Commercial Dis- trict and the Zoning Advisory Commission recommending appro- val. Motion by Connors 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 Lynch. Planning Services Man- ager Laura Carstens provided a staff report. Elizabeth Shade, 647 Chestnut Street, spoke in support of the rezoning on behalf of the owner stating that she is planning to move her business, Indulgence Salon and Spa, to that location. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 25-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code by reclassifying herein- after described pro- perty located at 1072 Locust Street from OR Office Residential Dis- trict to OC Office Commercial District. Seconded by Lynch. Motion carried 7-0. 2. Upper Bee Branch Creek Channel, Streets and Utilities Project: Proof of publication on notice of public hear- ing to consider approval of the plans, specifications, form of contract and estimated cost for the Upper Bee Branch Creek - Channel, Street and Utilities Project and the City Manager recom- mending approval. Mo- tion by Jones to receive 1. SRF Green Alley Project Bid Set 7 - Year 1 Award: City Manager recommending award of the construction con- tract for the SRF Green Alley Project Bid Set 7- Year 1 to the low bid- der McDermott Exca- vating. Motion by Con- nors to receive and file the documents and adopt Resolution No. 137-15 Awarding public improvement contract for the SRF Green Alley Bid Set 7 - Year 1 Pro- ject. Seconded by Jones. Motion carried 7-0. 2. Iowa Flood Miti- gation ProgramAmend- ment No. 1: City Manager recommend- ing adoption of a resolution authorizing an amendment to the Bee Branch Watershed Flood Mitigation Pro- ject, State Flood Miti- gation Board Funding Agreement. Motion by Connors to receive and file the documents and adopt Resolution No. 138-15 Authorizing the execution of an amendment to the agreement with the State of Iowa Flood Mitigation Board which authorizes the City's use of Sales Tax Increment Funding for the Bee Branch Wa- tershed Flood Mitiga- tion Project. Seconded by Lynch. Motion carried 7-0. 3. Code of Ordinances Amendment Title 10 - Parks: City Manager recommending appro- val an amendment to City of Dubuque Code of Ordinances 10-5B-4A removing the word "unleashed" related to prohibiting animals in parks. 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. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 26-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regu- lations, Section 10-5B-4 Dogs, Cats and Other Domestic Animals by correcting the Title to Subsection A. Sec- onded by Connors. Motion carried 7-0. 4. Code of Ordinances Amendment Title 9 - School Buses Discharg- ing Pupils: City Man- ager recommending approval of an amendment to City of Dubuque Code of Ordinances Title 9, Chapter 11 School Buses Discharging Pu- pils to mirror the Iowa Code. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Respond- ing to questions from the City Council, Assistant City Attorney Maureen Quann pro- vided an explanation of the amendment regard- ing higher monetary of- fenses and multiple violations. Motion by Connors for final consideration and passage of Ordinance No. 27-15 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 11 School Buses to Mirror the State Code. Seconded by Lynch. Motion carried 7-0. 5. Code of Ordinances Amendment Title 1 - General Penalty for Misdemeanor Viola- tions: City Manager recommending appro- val to amend City of Dubuque Code of Ordinances Section 1-4- 1, General Penalty, to eliminate imprison- ment as a penalty for misdemeanor viola- tions under City Code. 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. Motion carried 7-0. Responding to ques- tions from the City Council, Assistant City Attorney Maureen Quann and Police Chief Mark Dalsing further revenue, Harold and A ana is or mock z UT rime , and further VUMMTh IUna 1. Betty Welter for pro- Arbor Estates in the recommends that a 1. Appointment to the to receive and file the perty damage. Upon City of Dubuque, Iowa, public hearing be set Electrical Code Board: documents and that motion the documents was adopted. for May 18, 2015. Upon One 3-Year term the requirement that a were received, filed 15. Iowa and Locust . motion the documents through May 21, 2017 proposed ordinance be and concurred. Streets Parking Ramps were received and filed (Vacant term of Pfohl). considered and voted 4. Sustainable Repair Project Accept- and Resolution No. 127- Applicants: Zach Dow- on for passage at two Dubuque Community ance; City Manager 15 Preliminary ap- ell, 2055 Winne Ct. Council meetings prior Grant Recommenda- recommending accept- proval of plans, (Qualifies as Jour- to the meeting at tions: City Manager ance of the con- specifications, form of neyman/Maintenance); which it is to be passed recommending funding struction contract for contract, and esti- and Andy Palmer, 1865 be suspended. Sec - of nine Sustainable the Iowa and Locust mated cost; setting Rosemont St. (Addi- onded by Connors. Dubuque Community Streets Parking Ramps date of public hearing tional Applicant - Motion carried 7-0. grant requests as Repair Project, as on plans, specifica- Qualifies as Journey- Motion by Jones for submitted by Sustain- completed by Western tions, form of contract, man/Maintenance). final consideration and able Dubuque Coor- Waterproofing. Upon and estimated cost; Upon roll -call vote of 5- passage of Ordinance dinator Cori Burbach motion the documents and ordering the 2 (Resnick and Connors No. 26-15 Amending and the Application were received and filed advertisement for bids; voting for Dowell), City of Dubuque Code Review Committee. and Resolution No. 124- Resolution No. 128-15 Andy Palmer was of Ordinances Title 10 Upon motion the 15 Accepting the Iowa Approving the Plats, appointed to a 3-year Public Ways and documents were re- and Locust Parking Schedule of Assess- term through May 21, Property, Chapter 5 ceived, filed and Ramp Repair Project ments and estimate of 2017. Council Member Parks and Recreation, approved. and authorizing the total cost for the SRF Jones reiterated that Article B Use Regu- 5. Storybook Hill payment of the con- Green Alley Bid Set 1 - applicants to City lations, Section 10-5B-4 Children's Zoo Boo- tract amount to the Year 3 Project; Reso- boards and commis- Dogs, Cats and Other sters - Renewal of contractor was adopted. lution No. 129-15 sions are strongly Domestic Animals by Lease: City Manager 16. Arrowhead Drive Resolution of Necessity encouraged to attend correcting the Title to recommending ap- Storm Sewer Project for the SRF Green Alley the Council meeting on Subsection A. Sec- proval of a one-year Acceptance: City Man- Bid Set 1 - Year 3 which the application onded by Connors. lease that may be ager recommending Project; and Resolution appears to speak to Motion carried 7-0. renewed by mutual that the completion No. 130-15 Fixing date the appointment. 4. Code of Ordinances agreement for four and acceptance of the of public hearing on PUBLIC HEARINGS Amendment Title 9 - more one-year terms Arrowhead Drive Storm Resolution of Necessity Upon motion the rules School Buses Discharg- with Dubuque Child- Sewer Project as were adopted setting a were suspended allow- ing Pupils: City Man- ren's Zoo Boosters, completed by Top public hearing for a ing anyone present to ager recommending Inc., for approximately Grade Excavating be meeting to commence address the City Coun- approval of an ten acres of Roosevelt officially recorded in at 6:30 p.m. on May 18, cil on the following amendment toCity ty of of Park on North Cascade the minutes of the City 2015 in the Historic items. Dubuque Road to operate the Council. Upon motion Federal Building. 1. Request to Rezone - Ordinances Title 9, Storybook Hill Child- the documents were 2. Trinity Affordable 1072 Locust Street: Chapter 11 School ren's Zoo. Upon motion received and filed and Housing Corporation's Proof of publication on Buses Discharging Pu- the documents were Resolution No. 139-15 Purchase of Sheridan notice of public pils to mirror the Iowa received, filed and Authorizing the Arrow- Village Apartments: hearing to approve a Code. Motion by approved. head , Drive Storm City Manager recom- request by Ted Stackis Connors to receive and 6. Five Flags Center - Sewer Project and mending that a public to rezone property file the documents and Fiscal Year 2016 De- authorizing the pay- hearing be set for May located at 1072 Locust that the requirement tailed Operating Bud- ment to the contractor 18, 2015 to approve the Street from OR Office that a proposed ordi- get: City Manager was adopted. issuance of tax-exempt Residential to OC nance be considered recommending appro- 17. 2015 Access Ramp bonds related to Trinity Office Commercial Dis- and voted on for val of the Fiscal Year Installation Project One Affordable Housing trict and the Zoning passage at two Council 2016 Five Flags Center Award: City Manager Corporation's pro- Advisory Commission meetings prior to the proposed operating recommending that the posed purchase of recommending appro- meeting at which it is budget submitted by award for the 2015 Sheridan Village Apart- val. Motion by Connors to be passed be SMG. Upon motion the Access Ramp Instal- ments. Upon motion to receive and file the suspended. Seconded documents were re- lation Project - Project the documents were documents and that by Lynch. Motion ceived, filed and One to Midwest received and filed the requirement that a carried 7-0. Respond - approved. Concrete, Inc., be setting a public proposed ordinance be ing to questions from 7. Lower Main officially recorded in hearing for a meeting considered and voted the City Council, Development, LLC Sub- the minutes of the City to commence at 6:30 on for passage at two Assistant City Attorney ordination Agreement: Council. Upon motion p.m. on May 18, 2015 in Council meetings prior Maureen Quann pro - City Manager recom- the documents were the Historic Federal to the meeting at vided an explanation of mending approval of received, filed and Building. which it is to be passed the amendment regard - the execution of the made a Matter of 3. Industrial Center be suspended. Sec- ing higher monetary of - Subordination Agree- Record. Urban Renewal - onded by Lynch. fenses and multiple ment with Lower Main 18. Urban Deer Resolution of Neces- Planning Services Man- violations. Development, LLC for Management Plan 2015- sity: City Manager ager Laura Carstens Motion by Connors for the mortgage on the 2016: City Manager recommending appro- provided a staff report. final consideration and property located at 137 recommending appro- val of a Resolution of Elizabeth Shade, 647 passage of Ordinance CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 20, 2015 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol (via phone); Mayor Pro Tem Braig; Council Members Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Pro Tem Braig 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 INTRODUCTION 1. International City/County Manage- ment Association Fel- lowship Exchange Pro- gram: City Manager welcomed and intro- duced ICMA Fellow Lieutenant Colonel Greg Ank of Fort Sam, Houston, Texas. PROCLAMATION(S) 1. Community Days of Caring Weekend (April 24 & 25, 2015) was accepted by CDC Committee Members Lisa Bauer and Julie Kronlage; 2. Dubuque Yoga Festival Weekend (May 1-3, 2015) was ac- cepted by Julia and Scott Theisen of Body and Soul Spa; 3. Laughter Day (May 4, 2015) was accepted by Patrick Sterenchuk of Laughter Yoga. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose the documents were approved. Tax -Exempt General Creek - Structures Pro- tion and positioning a Secondede as indicated. received and filed and 24. Alcohol Com- Obligation Bonds, the ject. Seconded by the microphone. Motion carried by Connors. Resolution No. 122-15 pliance Civil Penalty proceeds of which will Connors. Motion car- ADJOURNMENT Motion es7-0. Approving an agree- for Alcohol License be used to pay the ried 7-0. There being no 1. Minutes and pp Reports Submitted: ment to include certain Holder - Pizza Hut: City costs of the settlement Upon motion the rules City Council Proceed- agricultural land in an Manager recommend- of the franchise fee were reinstated limit- ings of 4/6, Civil amended Urban Re- ing approval of the litigation. Upon motion ing discussion to the Service Commission of newal Plan for Dubu- Acknowledgment/Set- the documents were City Council. 4/8, Human Rights que Industrial Center tlement Agreement for received and filed and ACTION ITEMS Main Street. Upon val of the 2015-2016 motion the documents City of Dubuque Urban were received, filed Deer Management Plan and approved. as approved by the 8. Linseed Oil Environmental Stew- Paintworks Building ardship Commission at Project - Contract their April 7, 2015 Amendment No. 7: City meeting. Upon motion Manager recommend- the documents were ing approval of an received, filed and amendment to the CDBG Contract extend- ing the completion deadline to December 31, 2015 for the Linseed Oil Paintworks Building project. Upon motion the documents were received and filed and Resolution No. 121-15 Authorizing the exe- cution of an Amend- ment to the Com- munity Development Block Grant (CDBG) Housing Disaster Re- covery Fund Contract between the Iowa Economic Development Authority and the City of Dubuque for the Linseed Oil Paintworks Company Building services for the Extending the contract Dubuque Circles® completion deadline chapter. Upon motion was adopted. the documents were 9. Pier Pressure received, filed and Marine IA, Inc. - approved. Collateral Assignment: 21. Mediacom Com- City Manager recom- munications Company: mending approval of Correspondence from the Collateral Assign- Mediacom Communi- ment of Lease cations Company ad - Agreement among Pier vising the City of Pressure Marine IA, programming changes Inc., Lessee (Bor- effective on or about rower), City of June 1, 2015. Upon Dubuque, Iowa, Lessor, motion the document and East Dubuque was received and filed. Upper Bee Branch Savings Bank, Lender. 22. Improvement bidding process for the Creek - Channel, Upon motion the Contracts / Perfor-. Utility Extension to the Streets & Utilities Pro - documents were re- mance, Payment and Dubuque Regional Air-• ject. Seconded by ceived, filed and Maintenance Bonds: port, and further Connors. Motion car - approved. Iowa Erosion Control, recommends that a ried 7-0. Civil Engineer 10. Arts and Culture Inc. for the 2015 Asbury public hearing be set Deron Muehring and Master Plan - Con- Road Pavement Reha- for May 4, 2015. Upon Communications Spe- sultant Agreement: bilitation Project; Muel- motion the documents cialist Kristin Hill gave City Manager recom- ler, Inc. for the Fire were received and filed a presentation on the mending approval of a Station 2 Restroom and Resolution No. 132- history, construction contract between the Remodel; Drew Cook & 15 Preliminary appro- phases, amenities, City of Dubuque and Sons Excavating Co., val of plans, speci- funding and public Lord Cultural Re- Inc. for the SRF Green fications, form of communication efforts sources to develop an Alley Project Bid Set 6 - contract, and esti- surrounding the project. Arts and Culture Year 1; Portzen Con- mated cost; setting 3. Upper Bee Branch Master Plan. Upon struction, Inc. for the date of public hearing Creek Structures. Pro- motion the documents SRF Green Alley Project on plans, specifica- ject: Proof of pub - were received, filed Bid Set 3 - Year 2. Upon tions, form of contract, lication on notice of and approved. motion the documents and estimated costs; public hearing to 11. Dubuque Indus- were received, filed and ordering the consider approval of trial Center Economic and approved. advertisement for bids the plans, specifica- Development District - 23. Tobacco Com- was adopted setting a tion, form of contract Agricultural Land Area pliance - Civil Penalty public hearing for a and estimated cost for Agreement: City Man- for Tobacco License meeting to commence the Upper Bee Branch ager recommending Holder - The Great at 6:30 p.m. on May 4, Creek - Structures approval of an Vape: City Manager 2015 in the Historic Project and the City agreement between recommending appro- Federal Building. Manager recommend - the City and a property val of the Acknow- 5. Tax -Exempt Gen- ing approval. Motion owner, Doris A. Graf, ledgement/Settlement eral Obligation Bonds by Jones to receive and for the inclusion of her Agreement for a Series 2015• City file the documents and Motion by Connors for 5. Code of Ordinances final consideration and Amendment Title 1 - passage of Ordinance General Penalty for No. 25-15 Amending Misdemeanor Viola - Title 16 of the City of tions: City Manager Dubuque Code of recommending appro- Ordinances, Unified val to amend City of Development Code by Dubuque Code of reclassifying herein- Ordinances Section 1-4- after described pro- 1, General Penalty, to perty located at 1072 eliminate imprison - Locust Street from OR ment as a penalty for Office Residential Dis- misdemeanor viola- trict to OC Office tions under City Code. Commercial District. Motion by Jones to Seconded by Lynch. receive and file the Motion carried 7-0. documents and that 2. Upper Bee Branch the requirement that a Creek Channel, Streets proposed ordinance be and Utilities Project: considered and voted Proof of publication on on for passage at two notice of public hear- Council meetings prior ing to consider to the meeting at approval of the plans, which it is to be passed specifications, form of be suspended. Sec - contract and estimated onded by Connors. cost for the Upper Bee Motion carried 7-0. Branch Creek - Responding to ques- Channel, Street and tions from the City Utilities Project and the Council, Assistant City City Manager recom- Attorney Maureen mending approval. Mo- Quann and Police Chief tion by Jones to receive Mark Dalsing further and file the documents explained the amend - and adopt Resolution ment regarding retain - No. 135-15 Approval of ing the option of jail plans, specifications, time depending upon form of contract, and the severity of the estimated cost for the crime and whether the violation is written under City Code or State Code. Motion by Jones for final consideration and passage of Ordinance No. 28-15 Amending City of Dubuque Code of Ordinances Title 1 Administration, Chap- ter 4 General Penalty, Section 1-4-1 General Penalty by eliminating imprisonment as a penalty for misde- meanor violations. Sec- onded by Connors. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Con- nors requested that the Chamber's audio sys- tem be reviewed as she has received comments that the proceedings cannot be heard in the back of the Chambers. Assis- tant City Manager Cindy Steinhauser agricultural property in tobacco compliance Manager recommend- adopt Resolution No. stated that she will the proposed expan- violation for The Great ing that a public 136-15 Approval of investigate and remind- sion of the Dubuque Vape, 3250 Central hearing be set for May plans, specifications, ed Council that the Industrial Center Eco- Avenue. Upon motion 4, 2015, on the pro- form of contract, and volume is greatly nomic Development the documents were position of selling not estimated cost for the affected by the District. Upon motion received, filed and to exceed $3,000,000 in Upper Bee Branch speaker's voice projec- approved. 19. Dubuque Metro- politan Area Solid Waste Agency: Corre- spondence from the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) ad- vising the City of the Agency's Fiscal Year 2016 budget and fee schedule. Upon motion the documents were received and filed. 20. Dubuque Circles® Initiative Contract with Circles® USA: City Manager recommend- ing authorization for the Mayor to sign the contract with Circles® USA for consulting Necessity that finds Chestnut Street, spoke No. 27-15 Amending that an Amended and in support of the City of Dubuque Code Restated Urban Renew- rezoning on behalf of of Ordinances Title 9 al Plan for the Dubuque the owner stating that Motor Vehicles and Industrial Center Eco- she is planning to Traffic, Chapter 11 nomic Development move her business, School Buses to Mirror District is both Indulgence Salon and the State Code. necessary and appro- Spa, to that location. Seconded by Lynch. priate and sets a public Motion carried 7-0. Motion carried 7-0. hearing on the proposed amendment for June 1, 2015. Upon motion the documents were received and filed and Resolution No. 131- 15 Resolution of Necessity finding that certain areas adjacent to the established Dubuque Industrial Center Economic Devel- opment District meet the. definition of an Economic Development Area under the Urban Renewal Law, that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consul- tation on a proposed amendment to the Amended and Restated Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 1, 2015 in the Historic Federal Building. 4. Utility Extension to the Dubuque Regional Airport: City Manager recommending initia- tion of the public Co►rhkad---'11