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Proof of Publication_City Council Proceedings 7 6 15 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: July 15, 2015, and for which the charge is $415.58. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this ZfW day of , 20 15- otary Public in and for Dubuque County, Iowa. ohPPt"l, MARY EC,WESTERMEYER P x Commission Number 154885 +o,Yr Mu Comm, Exp. FEB. 1,2017 0 -C W,.0 8 r-M ��O C) to 0 r -X� J. 0.4�. 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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: July 15, 2015, and for which the charge is $415.58. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this /jriX day of � , 20 /q . otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2017 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque. City Council met in special session at 5:30 p.m. on July 6, 2015 in the Historic Federal Build- ing, 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 special session of the City Council called for the purpose of con- ducting a closed session pursuant to Chapter 21.5(1)(i) Code of Iowa. CLOSED SESSION Professional Evaluation(s) - Chapter 21.5(1)(i) Code of Iowa Motion by Jones to convene in closed session at 5:32 p. m. to conduct professional evaluations pursuant to Chapter 21.5(1)(i) Code of Iowa. Seconded by Braig. Motion carried 7-0. Upon motion the City Council reconvened in open session at 6:28 p.m. stating that the evaluations were com- pleted. There being no further business, upon motion the City Council adjourned at 6:29 p.m. /s/Kevin S. Firnstahl, CMC City Clerk It 7/15 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 6, 2015 in the Historic Federal Build- ing, 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 Jones. The City Clerk correct- ed the address for item #22 Acceptance of Grant of Easement at 1411 N. Grandview Ave. Motion carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Com- mission of 6/23; City Council Proceedings of 6/15; Civil Service Commission of 6/22; Community Develop- ment Advisory Commis- sion of 6/17; Housing Code Appeals Board of 5/19; Library Board of Trustee Update of 5/28; Proof of publication for City Council Proceed- ings of 6/1. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Eric Evers for vehicle damage; Shane Flesher for pro- perty damage; Ashley Kohnen for vehicle damage; David Lynn for vehicle damage; Tim Mueller for mone- tary loss; Fondell Excavating, Inc. vs. City of Dubuque. 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 Assurance Pool: Shane Flesher for property damage; Ashley Koh- nen for vehicle dam- age; David Lynn for vehicle damage; Ma- donna Parker for pro- perty damage. Upon motion the documents were received, filed and concurred. 4. Contracted Services Agreement - Almost Home at St. John's: City Manager recom- mending approval of the Contracted Ser- vices Agreement with Almost Home at St. John's for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 5. Purchase of Services Grant Agree- ment - Bell Tower Productions: City Man- ager recommending approval of the Purchase of Services Grant Agreement with Bell Tower Productions for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 6. Purchase of Ser- vices Grant Agree- ment - Dubuque Com- munity YMCA/YWCA: City Manager recom- mending approval of the Purchase of Ser- vices Grant Agreement with Dubuque Com- munity YMCA/YWCA Victim Services Shelter Legal Notices for Fiscal Year 2016. Upon motion the documents were re- ceived, filed 'and approved. 7. Purchase of Ser- vices GrantAgreement- Dubuque County Exten- sion: City Manager recommending appro- val of a Purchase of Services Grant Agree- ment with Dubuque County ISU Extension for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 8. Contracted Services Agreement - Hills and Dales Lifetime Center: City Manager recom- mending approval of the Contracted Ser- vices Agreement with Hills and Dales Senior Center Lifetime Pro- gram for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 9. Purchase of Services Grant Agree- ment - Four Mounds Foundation: City Man- ager recommending approval of a Purchase of Services Grant Agreement with Four Mounds Foundation. Upon motion the documents were re- ceived, filed and approved. 10. Purchase of Ser- vices Grant Agreement - Helping Services for Northeast Iowa: City Manager recommend- ing approval of the Purchase of Services Grant Agreement with Helping Services of Northeast Iowa for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 11. Purchase of Ser- vices Grant Agreement - Lutheran Services in Iowa: City Manager recommending appro- val of the Purchase of Services Grant Agree- ment with Lutheran Services in Iowa for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 12. Purchase of Ser- vices Grant Agreement - Northeast Iowa School of Music: City Manager recommending appro- val of a Purchase of Services Grant Agree- ment with Northeast Iowa School of Music for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 13. Purchase of Services Grant Agree- ment - Opening Doors: City Manager recom- mending approval of the Purchase of Ser- vices Grant Agreement with Opening Doors for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 14. Purchase of Ser- vices Grant Agreement - Project Concern 2-1-1: City Manager recom- mending approval of the Purchase of Ser- vices Grant Agreement with Project Concern to assist Project Concern's 211 Center for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 15. Purchase of Ser- vices Grant Agreement - Project Concern Foster Grandparent Program: City Manager recom- mending approval of the Purchase of Services Grant Agree- ment with Project Concern to partially fund the Foster Grandparent Program for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 16. Purchase of Ser- vices GrantAgreement- Retired and Senior Volunteer Program: City Manager recom- mending approval of the Purchase of Ser- vices Grant Agreement with the Retired and Senior Volunteer Pro- gram (RSVP) for Fiscal Year 2016. Upon mo- tion the documents were received, filed and approved. Awarding Public Im- provement Contract for the Lowell Street (Abbott to Woodworth) Water Main, Sanitary & Storm Sewer Improve- ments Project 2015 was adopted. 22. Acceptance of Grant of Easement - 1411 N. Grandview Ave- nue: City Manager recommending accept- ance of the dedication of Grant of Easement for Underground Elec- tric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and Sidewalk from Kristin A. Smith across a portion of 1411 N. Grandview Avenue. Upon motion the docu- ments were received and filed and Reso- lution No. 217-15 Accepting a Grant of Easement for Under- ground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and Sidewalk Through, Over and Across Part of Lot 99 in Woodlawn Park Subdivision, City of Dubuque, Iowa, was adopted. 23. Davis Place - Permanent Shoring System Anchoring Easement: City Man- ager recommending acceptance of a Per- manent Shoring Sys- tem Anchoring Ease- ment across a portion of 511 Garfield Avenue that will facilitate the construction and on- going maintenance of the utility. Upon motion the documents were received and filed and Resolution No. 218-15 Accepting a grant of permanent shoring system anchoring ease- ment through, over and across part of Lot 3 in Davis Place II, in the City of Dubuque, Iowa, was adopted. 24. 429 Rhomberg Avenue Project Accept- ance: City Manager recommending accept- ance of the construc- tion contract for the 429 Rhomberg Building Stabilization Project as completed by R&W Restoration. Upon mo- tion the documents were received and filed and Resolution No. 219- 15 Accepting the 429 Rhomberg Demolition and Building Stabil- ization Project and authorizing the pay- ment to the contractor was adopted. 25. Code of Ordi- nances - Adoption of Supplement No. 18: City Clerk recom- mending adoption of Supplement No. 18 to the City of Dubuque Code of Ordinances, which codifies Ordi- nance Nos. 1-15 through 8-15, 11-15, 12- 15, 26-15, 27-15, and 28- 15 as adopted by the City Council through April 2015. Upon mo- tion the documents were received and filed and Resolution No. 220- 15 Adopting Supple- ment No. 18 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. 26. U.S. Army Corp of Engineers (USACE) - Mississippi River Mas- ter Plan & River Project Input: City Manager recommending appro- val to submit the City of Dubuque's input during revision and updating of the Mississippi River Mas- ter Plan by the U.S. Army Corps of Engi- neers (USACE), Rock Island District. Upon motion the documents were received, filed and approved. 27. Civil Service Commission: Civil Ser- vice Commission sub- mitting the Certified Lists for the positions of Environmental Coor- dinator, Planning Tech- nician and Transit Operations Supervisor. Upon motion the documents were re- ceived, filed and made a Matter of Record. 28. Audubon School Right -of -Way Plat: City Manager recommend- ing approval of the Acquisition Plat for right-of-way east of Lincoln Avenue abut- ting the Audubon School property and acceptance of the dedication of said lots documents were re- ceived and filed and Resolution No. 223-15 Approving the Trans- portation Alternatives Program Funding Agreement between the Iowa Department of Transportation and the City of Dubuque, Iowa, for the Lower Bee Branch Overlook at 16th Street Detention Basin and trailhead parking for the Mississippi River Trail Project was adopted. 31. Emergency Com- munications Center Part -Time Hour In- crease: City Manager recommending appro- val to increase the number of part-time hours from 43 to 45 hours per week effective January 1, 2016. Upon motion the documents were re- ceived, filed and approved. 32. Advance of Funds to Greater Downtown TIF District for Fiscal Year 2015: City Man- ager recommending approval of the suggested proceedings approving an advance of funds for repayment from the Greater Downtown Urban Re- newal Tax Increment Revenue Fund and directing the filing of certification. Upon mo- tion the documents were received and filed and Resolution No. 224- 15 Approving the advance of funds for repayment from the Greater Downtown Dis- trict Urban Renewal Tax Increment Reve- nue Fund and directing the filing of certi- fication under Iowa Code Section 403.19 was adopted. 33. Advance of Funds to Dubuque Industrial Center West TIF District for Fiscal Year 2015: City Manager recommending appro- val of the suggested proceedings approving an advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Reve- nue Fund and directing the filing of certi- fication. Upon motion the documents were received and filed and Resolution No. 224-15 Approving the advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Revenue Fund and directing the filing of certification Under Iowa Code Section 403.19 was adopted. 34. Advance of Funds to Technology Park TIF District for Fiscal Year 2015: City Manager recommending appro- val of the suggested proceedings approving an advance of funds for repayment from the Technology Park Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. Upon mo- tion the documents were received and filed and Resolution No. 226- 15 Approving the advance of funds for repayment from the Technology Park Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19 was adopted. 35. Advance of Funds to North Cascade Road Housing TIF District for Fiscal Year 2015: City Manager recommend- ing approval of the suggested proceedings approving an advance of funds for repayment from the North Cas- cade Road Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. Upon motion the docu- ments were received and filed and Resolution No. 227-15 Approving the advance of funds for repayment from the North Cas- cade Road Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.17 was adopted. 36. Mystique Casino Use of Depreciation and Improvement • 41. Alcohol and Tobacco License Appli- cations: 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. 228- 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. 229-15 Ap- proving applications for retail cigarette/ tobacco sales/nicotine/ vapor 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 Connors. Motion carried 7-0. 1. Southwest Arterial / English Mill Road Reconstruction Project: City Manager recom- mending initiation of the public bidding process through the Iowa DOT for the English Mill Road Reconstruction - Grading, Bridge and Paving Project, and further recommends that a public hearing be set for July 20, 2015. Upon motion the documents were re- ceived and filed and Resolution No. 230-15 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2015 in the Historic Federal Building. 2. SRF Green Ailey Project Bid Set 3 - Year 3: City Manager recom- mending initiation of the public bidding pro- cess for the SRF Green Alley Bid Set 3 -Year 3 Project, and further recommends that a public hearing be set for August 3, 2015. Upon motion the documents were re- ceived and filed and Resolution No. 231-15 Preliminary approval of plats, schedule of assessments and esti- mate of total cost for the SRF Green Alley Bid Set 3 - Year 3 Project; Resolution No. 232-15 Resolution of Necessity for the SRF Green Alley Bid Set 3 - Year 3 Project; Resolution No. 233-15 Fixing the date of public hearing on Resolution of Neces- sity; and Resolution No. 234-15 Preliminary ap- proval of plans, specifications, form on 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 3, 2015 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Com- missions: 1. Building Code Board of Appeals: One 3-year term through August 1, 2018 (expired term of Luchsinger). Applicant: Richard Luchsinger, 2875 Brueck Rd. Mr. Luch- singer spoke in support of his appointment. 2. Housing Commis- sion: One 3-year term through August 1, 2018 (expired term of McDonell) Applicant: Robert McDonell, 4050 Peru Rd. 3. Housing Trust Fund 17. Purchase of Ser- to the City of Dubuque Funds: City Manager Advisory Committee* vices Grant Agree- for right-of-way pur- recommending appro- One 3-year term ment - Riverview Cen- poses in association val of a request by the through August 1, 2018 ter: City Manager with the Bee Branch Mystique Casino to use (expired term of Hing- recommending appro- Creek Restoration Pro- Depreciation and. Im- tgen) Applicant: Doris val of the Purchase of ject. Upon motion the provement funds for Hingtgen, 309 Hill St. Services Grant Agree- documents were re- two projects at the 4. Library Board of ment with Riverview ceived and filed and Casino. Upon motion Trustees (Mayor ap- Center for Fiscal Year Resolution No. 221-15 the documents were pointment): One 4-Year 2016. Upon motion the Approving the Acqui- received, filed and term through July 1, documents were re- sition Plat of Lot B of approved. 2019 (Vacant term of ceived, filed and Lot 2 of Mineral Lot 314 37. IDNR Clean Diesel Boice) Applicant: approved. and Lot B of Lot 3 of Grant Contract Amend- Patrick Maddux, 1685 18. Purchase of Ser- Mineral Lot 314 in the ment: City Manager Fox Dr. vices Grant Agreement- City of Dubuque, Iowa, recommending Council 5. Transit Advisory St. Mark Youth Enrich- was adopted. approval of the Clean Board: One 3-year term ment: City Manager 29. Bee Branch Creek Diesel Grant Contract through July 3, 2018 recommending appro- Restoration Project, Amendment with the (expired term of Esser) val of the Purchase of Utility Occupancy Li- Iowa Department of Applicant: Matt Esser, Services Grant Agree- cense for the Instal- Natural Resources 90 Main St. Apt. 308. ment with St. Mark's lation of Sanitary (IDNR). Upon motion PUBLIC HEARINGS Youth Enrichment for Sewer and Fiber Con- the documents were Upon motion the rules Fiscal Year 2016. Upon duit: City Manager received, filed and were suspended al - motion the documents recommending appro- approved. lowing anyone present• wnro rnrus.,url fi lull .,�I of fL,n ..vnn.TAT of plans, specifications, form of contract, and estimated cost for the 2015 Bridge Repairs and Maintenance Pro- ject and the City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 238-15 Approval of plans, specifications, form of contract, and estimated cost for the 2015 Bridge Repairs and Maintenance Pro- ject. Seconded by Connors. Motion car- ried 7-0. 3. Vacating Petition for the Alley Between Main Street and Salina Street (SELCO): Proof of publication on notice of public hearing to consider approval of a request by CW Wolff, LLC (SELCO) to vacate a portion of a 20-foot wide alley between Main Street and Salina Street which abuts the SELCO property at 15 S. Main Street and the City Manager recom- mending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 239-15 Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 7A in Block 13 of Dubuque Harbor Com- pany's Addition, in the City of Dubuque; and Resolution No. 240-15 Disposing of City Interest in Lot 7A in. Block 13 Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa. Sec- onded by Resnick. Motion carried 7-0. 4. Vacating Petition for the Alley Between Main Street and Salina Street (Crescent Elec- tric): Proof of publi- cation on notice of public hearing to consider approval of a request by Crescent Realty Corporation (Crescent Electric) to vacate a portion of a 20- foot-wide- alley be- tween Main Street and Salina Street which abuts the Crescent Electric property at the intersection of S. Main Street and Charter Street and the City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 241-15 Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Com- pany's Addition to be known as Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa; and Resolution No. 242-15 Disposing of City interest in Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa. Sec- onded by Connors. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 1. Code of Ordinances Amendment - Title 10 Park Rangers (Third Reading): City Man- ager recommending re- peal of City Ordinance 10-5A-1 which requires a Park Ranger to be a certified Law Enforce- ment Officer. Connors moved the final reading of Ordinance No. 38-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Pro- perty, Chapter 5 Parks and Recreation, Article A Administration by repealing Section 10- 5A-1 Park Rangers as park rangers are no longer Certified Law Enforcement Officers. Seconded by Resnick. Motion carried 5-2 with Jones and Lynch voting nay. 2. HUD Lead Paint Grant Application: City Manager recommend- ing approval of an application to the US Department of Housing and Urban Develop- ment (HUD) for con- tinuation of the Lead - Based Paint Hazard r'nntrnl Drogram County, Iowa. Sec- onded by Jones. City Attorney Lindahl re- sponded to questions from Council regarding when information from closed sessions can become public. Motion carried 6-1 with Resnick voting nay. 4. Officer AT Home (OATH) Incentives Pro- gram: City Manager recommending appro- val of the Officer AT Home (OATH) Incen- tives Program for Police Officers and Firefighters who own or purchase a single- family owner -occupied property located within the Downtown Urban Renewal District. Mo- tion by Braig to receive and file the documents and approve the recommendation. Sec- onded by Resnick. Motion carried 7-0. 5. Code of Ordinances Amendment - Title 10 Sidewalk Cafe Permits: City Manager recom- mending approval of an amendment to Title 10 Chapter 3 Article E Sidewalk Cafe to permit sidewalk cafes in those areas where the cafe is listed as a permitted or accessory use in the zoning district where they are located. Motion by Jones 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 Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 42-15 Amending City of Dubuque Code of Ordinances Title 10 Public • Ways and Property, . Chapter 3 Encroachments on Public Places, Article E 1 Definitions and 2 Authorization B, by changing the definition and districts in which sidewalk cafes are prohibited. Seconded by Connors. Motion carried 7-0. 6. Code of Ordinance Amendment - Title 16 Zoning Advisory Com- mission: City Manager recommending appro- val of an ordinance that adds a new Section 16-9-1 which establishes the Zoning Advisory Commission and provides for the powers, operation, membership and meet- ings. Motion by Con- nors to receive and file the documents and that the requirement that a proposed ordinance be con- sidered 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 Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 43-15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9-Zoning Advisory Commission Applications and Pro- cedures by repealing Section 16-9-1 Zoning Advisory Commission and adopting a new Section 16-9-1 Zoning Advisory Commission in lieu thereof Estab- lishing the Zoning Advisory Commission, Providing for the Pow- ers, Operation, Mem- bership, and Meetings. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones acknowledged the deaths of retired Dubuque Police Officer Bob Flannery; and leading citizens Jim Waller, Larry Cremer, and Steve Daykin. Mayor Buol reported on his attendance at the recent U.S. Con- ference of Mayors in San Francisco high- lighting the escalating costs of infrastructure repairs nationwide; how Charleston, SC, is coping with the recent shootings; solarizing Blacksburg, VA; and President Obama's mention of Dubuque for its sustainability efforts. PUBLIC INPUT Adam Schwendinger, 1845 Bennett Street, addressed the City Council regarding his concerns with resi- dential parking issues between the Bennett Street neighborhood and the University of Dubuque. CLOSED SESSION Motion by Jones to convene in closed session at 7:40 p.m. to discuss pending liti- gation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Sec- ing, 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 Jones. The City Clerk correct- ed the address for item #22 Acceptance of Grant of Easement at 1411 N. Grandview Ave. Motion carried 7-0. Zolo: vpvuI , documents were re- ceived, filed and approved. 5. Purchase of Services Grant Agree- ment - Bell Tower Productions: City Man- ager recommending approval of the Purchase of Services Grant Agreement with Bell Tower Productions for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 6. Purchase of Ser- vices Grant Agree- ment - Dubuque Com- munity YMCA/YWCA: City Manager recom- mending approval of the Purchase of Ser- vices Grant Agreement with Dubuque Com- munity YMCA/YWCA Victim Services Shelter 11. F'urcnaSe 01 Jer vices Grant Agreement - Lutheran Services in Iowa: City Manager recommending appro- val of the Purchase of Services Grant Agree- ment with Lutheran Services in Iowa.- for Fiscal Year 2016. Upon motion the documents were received, flied and approved. 12. Purchase of Ser- vices GrantAgreement- Northeast Iowa School of Music: City Manager recommending appro- val of a Purchase of Services Grant Agree- ment with Northeast Iowa School of Music for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 13. Purchase of Services Grant Agree- ment - Opening Doors: City Manager recom- mending approval of the Purchase of Ser- vices Grant Agreement with Opening Doors for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 14. Purchase of Ser- vices Grant Agreement - Project Concern 2-1-1: City Manager recom- mending approval of the Purchase of Ser- vices Grant Agreement with Project Concern to assist Project Concern's 211 Center for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 15. Purchase of Ser- vices Grant Agreement - Project Concern Foster Grandparent Program: City Manager recom- mending approval of the Purchase of Services Grant Agree- ment with Project Concern to partially fund the Foster Grandparent Program for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 16. Purchase of Ser- vices Grant Agreement - Retired and Senior Volunteer Program: City Manager recom- mending approval of the Purchase of Ser- vices Grant Agreement with the Retired and Senior Volunteer Pro- gram (RSVP) for Fiscal Year 2016. Upon mo- tion the documents were received, filed and approved. 17. Purchase of Ser- vices Grant Agree- ment - Riverview Cen- ter: City Manager recommending appro- val of the Purchase of Services Grant Agree- ment with Riverview Center for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 18. Purchase of Ser- vices GrantAgreement- St. Mark Youth Enrich- ment: City Manager recommending appro- val of the Purchase of Services Grant Agree- ment with St. Mark's Youth Enrichment for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 19. Contracted Ser- vices Grant Agreement - Washington Tool Li- brary: City Manager recommending appro- val of the Contracted Services Grant Agree- ment with the Wash- ington Tool Library for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 20. Dubuque Regional Humane Society Con- tract Renewal: City Manager recommend- ing approval of a new five-year agreement with the Dubuque Regional Humane So- ciety beginning July 1, 2015. Upon motion the documents were re- ceived, filed and approved. 21. Lowell Street Water Main, Sanitary and Storm Sewer Improvements Project Award: City Manager recommending award of the construction contract for the Lowell Street Water Main, Sanitary and Storm Sewer Improvements Project (Abbott to Woodworth) to the low bidder, Drew Cook & Sons Excavating, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 216-15 was auupieu. 24. 429 Rhomberg Avenue Project Accept- ance: City Manager recommending accept- ance of the construc- tion contract for the 429 Rhomberg Building Stabilization Project as completed by R&W Restoration. Upon mo- tion the documents were received and filed and Resolution No. 219- 15 Accepting the 429 Rhomberg Demolition and Building Stabil- ization Project and authorizing the pay- ment to the contractor was adopted. 25. Code of Ordi- nances - Adoption of Supplement No. 18: City Clerk recom- mending adoption of Supplement No. 18 to the City of Dubuque Code of Ordinances, which codifies Ordi- nance Nos. 1-15 through 8-15, 11-15, 12- 15, 26-15, 27-15, and 28- 15 as adopted by the City Council through April 2015. Upon mo- tion the documents were received and filed and Resolution No. 220- 15 Adopting Supple- ment No. 18 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. 26. U.S. Army Corp of Engineers (USACE) - Mississippi River Mas- ter Plan & River Project Input: City Manager recommending appro- val to submit the City of Dubuque's input during revision and updating of the Mississippi River Mas- ter Plan by the U.S. Army Corps of Engi- neers (USACE), Rock Island District. Upon motion the documents were received, filed and approved. 27. Civil Service Commission: Civil Ser- vice Commission sub- mitting the Certified Lists for the positions of Environmental Coor- dinator, Planning Tech- nician and Transit Operations Supervisor. Upon motion the documents were re- ceived, filed and made a Matter of Record. 28. Audubon School Right -of -Way Plat: City Manager recommend- ing approval of the Acquisition Plat for right-of-way east of Lincoln Avenue abut- ting the Audubon School property and acceptance of the dedication of said lots to the City of Dubuque for right-of-way pur- poses in association with the Bee Branch Creek Restoration Pro- ject. Upon motion the documents were re- ceived and filed and Resolution No. 221-15 Approving the Acqui- sition Plat of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa, was adopted. 29. Bee Branch Creek Restoration Project, Utility Occupancy Li- cense for the Instal- lation of Sanitary Sewer and Fiber Con- duit: City Manager recommending appro- val of the execution of a Utility Occupancy License Agreement with Dakota, Minne- sota & Eastern Railroad Corporation as part of the Bee Branch Creek Restoration Project. Upon motion the documents were re- ceived and filed and Resolution No. 222-15 Authorizing the Utility Occupancy License Agreement made and entered into by and between the City of Dubuque, Iowa and Dakota, Minnesota & Eastern Railroad Cor- poration, doing busi- ness as Canadian Pacific was adopted. 30. Bee Branch Creek Restoration Project - Federal Aid Agreement for Transportation Alternatives Program Funding: City Manager recommending authori- zation to enter into an agreement with the Iowa Department of Transportation in order to utilize Transpor- tation Alternatives Pro- gram funding for the Lower Bee Branch Overlook at the 16th Street Detention Basin and Trailhead Parking (at 22nd Street) for the Mississippi River Trail as part of the larger Bee Branch Creek Restoration Project. Upon motion the vwawl. Im rlbual TCaI 2015: City Manager recommending appro- val of the suggested proceedings approving an advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Reve- nue Fund and directing the filing of certi- fication. Upon motion the documents were received and filed and Resolution No. 224-15 Approving the advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Revenue Fund and directing the filing of certification Under Iowa Code Section 403.19 was adopted. 34. Advance of Funds to Technology Park TIF District for Fiscal Year 2015: City Manager recommending appro- val of the suggested proceedings approving an advance of funds for repayment from the Technology Park Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. Upon mo- tion the documents were received and filed and Resolution No. 226- 15 Approving the advance of funds for repayment from the Technology Park Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19 was adopted. 35. Advance of Funds to North Cascade Road Housing TIF District for Fiscal Year 2015: City Manager recommend- ing approval of the suggested proceedings approving an advance of funds for repayment from the North Cas- cade Road Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. Upon motion the docu- ments were received and filed and Resolution No. 227-15 Approving the advance of funds for repayment from the North Cas- cade Road Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.17 was adopted. 36. Mystique Casino Use of Depreciation and Improvement Funds: City Manager recommending appro- val of a request by the Mystique Casino to use Depreciation and Im- provement funds for two projects at the Casino. Upon motion the documents were received, filed and approved. 37. IDNR Clean Diesel Grant Contract Amend- ment: City Manager recommending Council approval of the Clean Diesel Grant Contract Amendment with the Iowa Department of Natural Resources (IDNR). Upon motion the documents were received, filed and approved. 38. Housing Afford- ability: City Manager providing information on the housing afford- ability in Dubuque as compared to other cities in Iowa, including Cedar Falls, Cedar Rapids, Davenport and Iowa City. Upon motion the documents were received and filed. 39. Improvement Con- tracts / Performance, Payment and Mainte- nance Bonds: Midwest Concrete, Inc. for the 2015 Asphalt Overlay Access Ramp Project Three; Portzen Con- struction, Inc. for the SRF Green Alley Project Bid Set 1 - Year 3; Tricon General Con- struction, Inc. for the Upper Bee Branch Creek Channel, Streets & Utilities Project. Upon motion the docu- ments were received, filed and approved. 40. Alcohol Compli- ance Civil Penalty for Alcohol License Holder- Casey's General Store: City Manager recom- mending approval of the Acknowledgment/ Settlement Agreement for an alcohol com- pliance - violation for Casey's General Store #2420, 2699 Rockdale Road. Upon motion the documents were re- ceived, filed and approved. pier, �pc,,n waLIuI form of contract, and estimated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2015 in the Historic Federal Building. 2. SRF Green Alley Project Bid Set 3 - Year 3: City Manager recom- mending initiation of the public bidding pro- cess for the SRF Green Alley Bid Set 3 -Year 3 Project, and further recommends that a public hearing be set for August 3, 2015. Upon motion the documents were re- ceived and filed and Resolution No. 231-15 Preliminary approval of plats, schedule of assessments and esti- mate of total cost for the SRF Green Alley Bid Set 3 - Year 3 Project; Resolution No. 232-15 Resolution of Necessity for the SRF Green Alley Bid Set 3 - Year 3 Project; Resolution No. 233-15 Fixing the date of public hearing on Resolution of Neces- sity; and Resolution No. 234-15 Preliminary ap- proval of plans, specifications, form on 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 3, 2015 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Com- missions: 1. Building Code Board of Appeals: One 3-year term through August 1, 2018 (expired term of Luchsinger). Applicant: Richard Luchsinger, 2875 Brueck Rd. Mr. Luch- singer spoke in support of his appointment. 2. Housing Commis- sion: One 3-year term through August 1, 2018 (expired term of McDonell) Applicant: Robert McDonell, 4050 Peru Rd. 3. Housing Trust Fund Advisory Committee: One 3-year term through August 1, 2018 (expired term of Hing- tgen) Applicant: Doris Hingtgen, 309 Hill St. 4. Library Board of Trustees (Mayor ap- pointment): One 4-Year term through July 1, 2019 (Vacant term of Boice) Applicant: Patrick Maddux, 1685 Fox Dr. 5. Transit Advisory Board: One 3-year term through July 3, 2018 (expired term of Esser) Applicant: Matt Esser, 90 Main St. Apt. 308. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. 1. SRF Green Alley Project Bid Set 2 - Year 3: Proof of publication on notice of public hearing to consider the approval of the plans, specifications, form of contract, and esti- mated cost for the SRF Green Alley Project Bid Set 2 - Year 3 and the City Manager recom- mending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 235-15 Approval of plans, specifications, form of contract, and esti- mated cost for the SRF Green Alley Bid Set 2 - Year 3 Project; Reso- lution No. 236-15 Resolution with Re- spect to the Adoption of the Resolution of Necessity proposed for the SRF Green Alley Bid Set 2 - Year 3 Project; and Resolution No. 237- 15 Approving the Schedule of Assess- ments and estimate of total cost for the SRF Green Alley Bid Set 2 - Year 3 Project. Sec- onded by Jones. Motion carried 7-0. 2.2015 Bridge Repairs and Maintenance Pro- ject: Proof of publi- cation on notice of public hearing to consider approval of maul s1cc1, a0.111 IQ Street (Crescent Elec- tric): Proof of publi- cation on notice of public hearing to consider approval of a request by Crescent Realty Corporation (Crescent Electric) to vacate a portion of a 20- foot -wide alley be- tween Main Street and Salina Street which abuts the Crescent Electric property at the intersection of S. Main Street and Charter Street and the City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 241-15 Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Com- pany's Addition to be known as Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa; and Resolution No. 242-15 Disposing of City interest in Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa. Sec- onded by Connors. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 1. Code of Ordinances Amendment - Title 10 Park Rangers (Third Reading): City Man- ager recommending re- peal of City Ordinance 10-5A-1 which requires a Park Ranger to be a certified Law Enforce- ment Officer. Connors moved the final reading of Ordinance No. 38-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Pro- perty, Chapter 5 Parks and Recreation, Article A Administration by repealing Section 10- 5A-1 Park Rangers as park rangers are no longer Certified Law Enforcement Officers. Seconded by Resnick. Motion carried 5-2 with Jones and Lynch voting nay. 2. HUD Lead Paint Grant Application: City Manager recommend- ing approval of an application to the US Department of Housing and Urban Develop- ment (HUD) for con- tinuation of the Lead - Based Paint Hazard Control Program throughout the City of Dubuque that includes supplemental funding for Healthy Homes interventions. Motion by Jones to receive and file the documents and adopt Resolution No. 243-14 Authorizing the Mayor to execute an application for HUD Lead Paint Hazard Control and Healthy Homes Program Grant. Seconded by Connors. Health Services Mana- ger Mary Rose Cor- rigan and Housing and Community Develop- ment Director Alvin Nash provided a slide presentation on the Lead and Health Homes Program HUD grant application 2016-2018. Motion carried 7-0. 3. Property Acquisi- tion - McFadden Family Partnership: City Man- ager recommending approval of the Offer to Buy Real Estate and Acceptance to pur- chase a 124.72 acre portion of the McFad- den Family Partnership farm. Motion by Braig to receive and file the documents and adopt Resolution No. 244-15 Approving an Offer to Buy and Acceptance for the acquisition of real estate owned by McFadden Family Part- nership in Dubuque VI WI v111C411,C. Public Ways and Property, Chapter 3 Encroachments on Public Places, Article E 1 Definitions and 2 Authorization B, by changing the definition and districts in which sidewalk cafes are prohibited. Seconded by Connors. Motion carried 7-0. 6. Code of Ordinance Amendment - Title 16 Zoning Advisory Com- mission: City Manager recommending appro- val of an ordinance that adds a new Section 16-9-1 which establishes the Zoning Advisory Commission and provides for the powers, operation, membership and meet- ings. Motion by Con- nors to receive and file the documents and that the requirement that a proposed ordinance be con- sidered 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 Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 43-15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, -Chapter 9 Zoning Advisory Commission Applications and Pro- cedures by repealing Section 16-9-1 Zoning Advisory Commission and adopting a new Section 16-9-1 Zoning Advisory Commission in lieu thereof Estab- lishing the Zoning Advisory Commission, Providing for the Pow- ers, Operation, Mem- bership, and Meetings. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones acknowledged the deaths of retired Dubuque Police Officer Bob Flannery; and leading citizens Jim Waller, Larry Cremer, and Steve Daykin. Mayor Buol reported on his attendance at the recent U.S. Con- ference of Mayors in San Francisco high- lighting the escalating costs of infrastructure repairs nationwide; how Charleston, SC, is coping with the recent shootings; solarizing Blacksburg, VA; and President Obama's mention of Dubuque for its sustainability efforts. PUBLIC INPUT Adam Schwendinger, 1845 Bennett Street, addressed the City Council regarding his concerns with resi- dential parking issues between the Bennett Street neighborhood and the University of Dubuque. CLOSED SESSION Motion by Jones to convene in closed session at 7:40 p.m. to discuss pending liti- gation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Sec- onded by Connors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:36 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:37 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 1t 7/15