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Proof of Publication_City Council Proceedings 7 20 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 29, 2015, and for which the charge is $336.65. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this —day o , 20,6- Notary Public in and for Dubuque County, Iowa. q��R�t m� MARY W STERMEYER ComfmIssion Number 164885 �owp�, hey Comm, EXD. FEB, 1,2017 Come'spondehce"from the Insurance Service jn relation to the EPA Connors " to i abpomt Motion carried 5-2 with Office (ISO) providing Brownfields Area Wi a Robert McDonell to a 3- Lynch. and Sutton results of their recent - p year, term ` hrough votingnay, i Planning Grant. U Public protection mot 66 tiie documents motion the documents August ' 1, t 201'13: 4'.'Southwest Arterial) Classification survey We,mecel e aridfiled 'were received acid filed Seconded by Lyndh. ,/, English Mill Road that provides An Viand Resolution No 246, ..and Resolution No.250, otion carried 7 0. .•,, Reconstruction Project: Analysis, and classl Nation,. of the 15 Authorizing the 15 Approving ; 'an 3.Housing Trust Fund Proof of publication on structural. fire sup- Mayor to Iexecute,'an ;agreement between Advisory Committee:- notice `. of, public pression;:delivery,Sys- application for the HUD the City of Dubuque, one, 3 year term ,hearing to: consider, amiTy Seif Sufficiency Iowa and;East Central ort hrough August 1,2018• approval of' ,plans,, l tem for Dubuque':Upon rogram Grant f Imtergo,yernmen"#al (expl,Ged tterm 4f specifi(ations,;form of motion the documehts authorizing the Direc Association for grant Hingtgen), Appllc'n#,: contract :and ;esti were''. received_,and toY "of Housing apd ".admmistratlon for the s Doris Hingtgen 309 Hill: "irlated cost for the"SW filed CommanitY, Develop 2015 : EgVironmerjtal St "Motion by Bra(g:to Arterial,/ Enblish-Mill 9 Limited Term ment "and the City_.Protectton Agency appoint Doris•Hingtgen; .Road Reconstruction Engineering Teohnic186 t Positk Clty Manager Managed to, approve Area Wide fPla7lriing to =a Eg;year'A&M Protect,and the,' City i the `application, was 'Graht Was'adopted ? ` through August 1,2018. •Manager recommend recommending appro- adopted 27 Alcohol Com Seconded by,Resnick.„ ,Ing approval. Motioh Val to `create ;one 15 Sgnedule of pliance :Civil Penalty Motion carried 7 0, by,Connors fo receive limited.`term (duration Assessments Gar for l Icohol License 4: Library Board of"and file`the documents . two years),Engineermg bage/Junk/Weeds Holder Eagle Couptry Trustees One 4 Year and'"adopt l2e`solUtion Technician position in Start 2015 Cit,,Mgn Market City Mapager term through. July,1,- No 255-15 ApproVal•of the e Engineering> De partrnent Upon motion ager"= recom,�iending recdminepdmg appro 2015 (Vacant:�tern of." plans specifications, CITY OF DUBUQUE,` ;the levy of ,special •val.of"the AcknoW Bolce) Applcahf Pat form`of-contract;'and the .documents Were. tOWA „. assessments for the s ledgement/Settlement MaddUX, 1685 Fox,Dr.' estimated.cost for.the CITY COUNCIL' received, filed, and WeedJlUved; .nk/Garbage Agreement for a Uppi Council`concur Southwest Arterial J PROCEEDINGS ap10r�Anley Kennels & Enforcemeht Programs aobacco bompiiance rertce + Mayor Buol English MIII , <Road REGULAR SESSION fior ropertles inspeot 'Violation' ` for " Eagle appoihteo Pat Maddux' Reconstruction Project,] The. Dubuque`City Fabrication Inc. et al. rem Novehh77ber 1, ',Country'Market, 1806 to ra 4 year term Seconded by „Braig.; Council met in regular V.City of Dubuque:City 201tq`June 3Q'12015 Elm, '.Street 11-on through July 1 20 9 Motion; IProofofRublicationfor; vai to,;suunu� a yia„� received filed., and; public nearing tor;`a pugilcauon on notice acqulsicjon City Council;,Proceed application to fund the i I approved, meeting:to commence of 'puhlic hearing`to estate >';ow,ned by three'-.existing Family 1 jugs_of fi/15;`Proof of, 21.`Purchase of 'at 6.30 p.m.,oh A"4gust consider a regUest by McFadden Properties, Publication for List of Self Sufficiency ,Coot :Services Grant > St. `3 2015�In=the'Historic Louis, S Mihalakis/ACE l LP in Dubuque,.: Claims and''=Summary. dinator'positions:Upon ` Mark U Youth Enrich , Federal Building.- Construction to rezone County, Iowa -Seer of Revenues for Montfl menu* City Manager ^2, Federal'Building 'property located at460' onded by Lynch. Ended 15/31. Upon. recommending appro- Lease with`Iowa State 464 West Locust Street Mofion,carried 6-i:wjth motion the documents.; val of a 'revised University:;City Man from;C 1 Neighborhood Resnick;voting nay.:. were received, filed , Purchase of- Services : ager recommending Commercial Dlstriot to , 2D16 2020 Con- and approved. Grant Agreement with that a,public hearing C,3•Genera[ Goimlmer, soli�ated, Plan for 2.,Notice of Claims,, St,Mark's Youth Enrich be set for August,3; Bial-'D1stri.(t an(l the„f ljousjng+ rid Com ` and Suits: Linda I merit:Upon tliotlon the '2015 on Lease Agree `Zoning AduisotY,Gpym munity r Duejopment: Schoenberger for pro- .documents were re.-, merit between the City misslon reco menden Clty Maiger recom= periy damage; City of ',ceived,r filed and of Dubuque,and ahe denial Mot(on by Bram 'men in adoption o{. Dubuque Vs. Jerry! approved Iowa State University to recev'e and file the the `, FY 2016`2020' �Gesie et al, City..of. 22:5 Purchase of in the Hlstoric.Federal documents and oon' r - Consolidated Plan; the Dubuque vs Jesse Servrc Agreement Bulldlhg. Upon; motion with the << denial FY 2016 Annual Action 121ps e6 al; oCity�,of Dubifq e YMCA/YWCA: the documents were Seconded x b- Jones, Plan,and the Analysis, Dubuque vs;Blake,an 'ty Managgr recom`,- received and filed,and• Developer Louis Miha ,of Inipetllment to'Fair Fgchg�$n� �oet' mending approval of a Resolution No 253-15 lakis; 1212�tv1111er Rd Housing: Motion by Al.-'Upon;,motron the revised_,Purch"ase of�„};esolution:; 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 29, 2015, and for which the charge is $336.65. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this 3d?j day o , 20,6` . Notary Public in and for Dubuque County, Iowa. 406 MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2017 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 20, 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 PROCLAMATION(S) Dubuque County Fair Week (July 28-August 2, 2015) was accepted by the Fair's General Manager Jamie Blum. Americans with Disabilities Act (ADA) 25th Anniversary (July 26, 2015) was accepted by Dubuque Center for Independent Living Board Chair R.R.S. Stewart and Iowa Democratic Party Dis- ability Constituency Caucus Chair Judy Schmidt. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. ' Seconded by Jones. Council Member Con- nors requested Items 18-22 be held for separate discussion. Motion carried 7-0 Motion by Connors to receive and file and approve Items 18-22. Seconded by Resnick. Housing and Commun- ity Development Direc- tor Alvin Nash provided an explanation of the revisions made to the documents. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceed- ings of 7/6; Civil Service Commission of 6/14; Human Rights Commission of 6/2, 6/8; Library Board of Trustees of 5/28; Library Board of Trustee Update of 7/1; Park and Recreation Advisory Commission of 6/9; Zoning Advisory Commission of 7/1; Zoning Board of Adjustment of 6/25; Proof of Publication for City Council Proceed- ings of 6/15; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 5/31. Upon motion the documents were received, filed and approved. 2. Notice of Claims and Suits: Linda Schoenberger for pro- perty damage; City of Dubuque vs. Jerryl Gesie et al.; City of Dubuque vs. Jesse Rans et al:;. -City of Dubuque vs. Blake and Linda Schellenberg et al. Upon motion the documents were re- ceived, 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: Elaine Evers for vehicle damage; Tim Mueller for monetary loss; Linda Schoenberger for property damage. Upon motion the documents were re- ceived, filed and concurred. 4. Sustainable Dubu- que Community Grant Recommendations: City Manager recom- mending approval of five grant requests from the Sustainable Dubuque Community Grant program. Upon motion the documents were received, filed and approved. 5. Request for Proposal - Bee Branch Flood Control Pumping Station Gates and Primary Electric Ser- vice Replacement Pro- ject: City Manager recommending appro- val to proceed with the Correspondence from the Insurance Service Office (ISO) providing results of their recent Public Protection Classification survey that provides an analysis and classi- fication of the structural fire sup- pression delivery sys- tem for Dubuque. Upon motion the documents were received and filed. 9. Limited Term Engineering Technician Position: City Manager recommending appro- val to create one limited term (duration two years) Engineering Technician position in the Engineering De- partment. Upon motion the documents were received, filed and approved. 10. Ainley Kennels & Fabrication, Inc. et al. v. City of Dubuque: City Attorney transmitting the Court's ruling regarding the lawsuit brought by 18 manu- facturing plaintiffs seeking rebates of natural gas franchise fees. Upon motion the documents were re- ceived and filed. 11. Pre -Annexation Agreement - Gronen/ Mulgrew: City Manager recommending appro- val of a Pre -Annexation Agreement with Mary (Mulgrew) Gronen and the Robert J. Mulgrew Marital Trust for approximately 30.5 acres located along White Top Road near the entrance to Swiss Valley Park in Dubuque County. Upon motion the documents were received and filed and Resolution No. 245-15 Approving a Pre - Annexation Agreement between the City of Dubuque, Iowa and Mary (Mulgrew) Gro- nen and American Trust And Savings Bank, Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the Last Will and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated January 22, 2008 was adopted. 12. 2015 Pavement Marking Project Award: City Manager recommending that the award for the 2015 Pavement Marking Project to Selco, Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 13. 610 Wilbur Street Deconstruction Project Recording Award Memo: City Manager recommending that the award for the decon- struction of 610 Wilbur Street Project to D.F. Excavating, LLC be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a matter of record. 14. Family Self - Sufficiency Grant Appli- cation: City Manager recommending appro- val to submit a grant application to fund the three existing Family Self -Sufficiency Coor- dinator positions. Upon Legal Notices motion the document were received and filed and Resolution No, 246 15 Authorizing the Mayor to execute an application for the HUD Family Self -Sufficiency Program Grant and authorizing the Direc tor of Housing and Community Develop- ment and the City Manager to approve the application was adopted. 15. Schedule of Assessments - Gar- bage/Junk/Weeds, Start 2015: City Man- ager recommending the levy of special assessments for the Weed/Junk/Garbage Enforcement Programs for properties inspect- ed from November 1, 2014 to June 30, 2015. Upon motion the documents were re- ceived and filed and Resolution No. 247-15 Adopting the Schedule of Assessments for 2015 and directing the City Clerk to certify the Schedule of Assess- ments to the County Treasurer and to publish notice thereof was adopted. 16. CDBG Grant Agreement - Four Mounds HEART Pro- gram: City Manager recommending appro- val of the Community Development Block Grant (CDBG) Grant Agreement with Four Mounds HEART Pro- gram. Upon motion the documents were re- ceived, filed and approved. 17. Contracted Ser- vices Grant Agreement - Hills and Dales Senior Center Lifetime Pro- gram: City Manager recommending appro- val of a revised Contracted Service Agreement with Hills and Dales Senior Cen- ter Lifetime Program. Upon motion the docu- ments were received, filed and approved. 18. Purchase of Services Grant Agree- ment - Opening Doors: City Manager recom- mending approval of a revised. Purchase of Services Grant Agree- ment with Opening Doors. Upon motion the documents were re- ceived, filed and approved. 19. Purchase of Services Grant Agree- ment- Project Concern Information and Re- ferral: City Manager recommending appro- val of a revised Purchase of Services Agreement with Pro- ject Concern to assist Project Concern's 211 Center. Upon motion the documents were received, filed and approved. 20. Purchase of Services Agreement - Almost Homes at St. John's: City Manager recommending appro- val of a revised Purchase of Services Grant Agreement with Almost (come at St. John's. Upon motion the documents were received, filed and approved. 21. Purchase of Services Grant - St. Mark Youth Enrich- ment: City Manager recommending appro- val of a revised Purchase of Services Grant Agreement with St. Mark's Youth Enrich- ment. Upon motion the documents were re- ceived, filed and approved. 22. Purchase of Services Agreement Dubuque YMCA/YWCA: City Manager recom- mending approval of a revised Purchase of. Services Grant Agree- ment with the Dubuque Community YMCA/, YWCA Victim Services Shelter. Upon motion the documents were received, filed and approved. 23. Dubuque Furniture & Flooring Selective Demolition & Restor- ation Project Accept- ance: City Manager recommending accept- ance of the con- struction contract for the Dubuque Furniture & Flooring Selective Demolition & Restor- ation Project as com- pleted by Epic Con- struction. Upon motion the documents were received and filed and Resolution No. 248-15 Accepting the Dubuque Furniture & Flooring Selective Demolition & Restoration Project and authorizing the payment to the con- tractor was adopted. 24. Acceptance of EPA Environmental Educa- tion Grant: City Man- ager recommending f approval to partner a with the University of e Iowa to accept the Environmental Protec- E tion Agency Environ- D mental Education grant d in relation to the EP Brownfields Area-Wid Planning Grant. Upo s motion the document were received and file - and Resolution No. 250 15 Approving a agreement betwee the City of Dubuque Iowa and East Centra Intergovernmental - Association for gran administration for the 2015 Environmenta Protection Agency Area Wide Planning Grant was adopted. 27. Alcohol Com pliance Civil Penalty for Alcohol License Holder - Eagle Country Market: City Manager recommending appro- val of the Acknow- ledgement/Settlement Agreement for a tobacco compliance violation for Eagle Country Market, 1800 Elm ' Street. Upon motion the documents were received, filed and approved. 28. Alcohol Com- pliance Civil Penalty for Alcohol License Holder - Fife's: City Manager recommend- ing approval of the Acknowledgment/Set- tlement Agreement for an alcohol compliance violation for Fife's, 1113 Main Street. Upon motion the documents were received, filed and approved. 29. Alcohol License Applications: City Man- ager recommending approval of annual liquor, beer, and wine licenses, as submitted. Upon motion the documents were re- ceived and filed and Resolution No. 251-15 Approving applications 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 was 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. NW Arterial Hike/ Bike Trail Phases 4 & 5: City Manager recom- mending initiation of the public bidding procedure for the Iowa 32 Hike -Bike Trail - Phase 4 & 5 Project, and further recom- mends that a public hearing be set for August 3, 2015. Upon motion the documents were received and filed and Resolution No. 252- 15 Preliminary appro- val of plans, speci- fications, 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 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. 2. Federal Building Lease with Iowa State University: City Man- ager recommending that a public hearing be set for August 3, 2015, on Lease Agree- ment between the City of Dubuque and the Iowa State University in the Historic Federal Building. Upon motion the documents were received and filed and Resolution No. 253-15 Resolution of Intent to dispose of an interest in real property owned by the City of Dubuque, Iowa by lease between the City and Iowa State University of Science and . Technology 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. 3. Dubuque Industrial Center Economic Devel- opment District - Urban Renewal plan Amend- ment: City Manager recommending appro- val of a Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the Dubuque Industrial Center Economic Devel- opment District and set a public hearing on the proposed amendment for September 8, 2015. Upon motion the documents were re- ceived and filed and Resolution No. 254-15 Resolution of Necessity inding that certain reas adjacent to the stablished Dubuque ndustrial Center conomic Development istrict meet the u u ar= a unnc eveivpmem Kyle t Motion carried 5-2 with - Lynch and Sutton h voting nay. 4. Southwest Arterial / English Mill Road Reconstruction Project: Proof of publication on notice of public hearing to consider approval of plans, f specifications, form of contract, and esti I mated cost for the SW Arterial / English Mill Road Reconstruction Project and the City Manager recommend- . ing approval. Motion by Connors to receive and file the documents and adopt Resolution No. 255-15 Approval of plans, specifications form of contract, anc estimated cost for the Southwest Arterial English Mill Roac Reconstruction Project. Seconded by Braig. Motion carried 7-0. Upon motion the rules were reinstated limit. ing discussion to the City Council. ACTION ITEMS 1. SRF Green Alley Project Bid Set 2 - Year 3 Award: City Manager recommending award of the construction contract for the SRF Green Alley Project Bid Set 2 - Year 3 to the low bidder Drew Cook and Sons Excavating. Motion by Connors to receive and file the documents and adopt Resolution No. 256-15 Awarding public im- provement contract for the SRF Green alley Bid Set 2 - Year 3 Project. Seconded by Jones. Motion carried 7-0. 2. 2015 Bridge Repairs and Maintenance Pro- ject Bid Rejection: City Manager recommend- ing rejection of the single bid proposal received for the 2015 Bridge Repairs and Maintenance Project due to a lack of competitive bids and insufficient funding to proceed with the construction improve-• ments as proposed. Motion by Lynch to receive and file the documents and adopt Resolution No. 257-15 Rejecting competitive bid proposal received for the 2015 Bridge Repairs and Mainte- nance Project. Sec- onded by Braig. Responding to ques- tions from the City Council, City Engineer Gus Psihoyos stated that re -bidding the project in January 2016 might produce more favorable bids from multiple contractors cur- rently unavailable with other projects and who would otherwise bid on a project of this scale. Motion carried 7-0. 3. Property Acqui- sition - McFadden Pro- perties, LLP: City Man- ager recommending ap- proval of the Offer to Buy Real Estate and Acceptance on behalf of McFadden Proper- ties LLP. Motion by Jones to receive and file the documents and adopt Resolution No. 258-15 Approving an Offer to Buy and Acceptance for the acquisition of real estate owned by McFadden Properties, LLP in Dubuque County, Iowa. Sec- onded by Lynch. Motion carried 6-1 with Resnick voting nay. 4. 2016-2020 Con- solidated Plan for Housing and Com- munity Development: City Manager recom- mending adoption of the FY 2016-2020 Consolidated Plan, the FY 2016 Annual Action Plan and the Analysis of Impediment to Fair Housing. Motion by Braig to receive and file the documents and adopt Resolution No. 259-15 Adopting the FY 2016-2020 Consolidated Plan for Housing and Community Develop- ment; authorizing the Mayor to execute said Plan and all necessary certifications; desig- nating the City Manager as the authorized Chief Exe- cutive Officer for the Consolidated Plan; and directing that said Plan be submitted to the U.S. Department of Housing and Urban Development. Second- ed by Connors. Motion carried 7-0. 5. Code of Ordinances Amendment - Title 8 Human , Rights Com- mission: City Manager recommending appro- val of an ordinance which creates a new Title 8, Chapter 2 which establishes the Human Rights Commission and provides for the powers, operation, membership and meet- ngs. Motion by Jones o receive and file the ocuments and that he requirement that a roposed ordinance be onsidered and voted n for passage at two ouncil meetinas prior Week (July 28-August 2, 2015) was accepted by the Fair's General Manager Jamie Blum. Americans with Disabilities Act (ADA) 25th Anniversary (July 26, 2015) was accepted by Dubuque Center for Independent Living Board Chair R.R.S. Stewart and Iowa Democratic Party Dis- ability Constituency Caucus Chair Judy Schmidt. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Council Member Con- nors requested Items 18-22 be held for separate discussion. Motion carried 7-0 Motion by Connors to receive and file and approve Items 18-22. Seconded by Resnick. Housing and Commun- ity Development Direc- tor Alvin Nash provided an explanation of the revisions made to the documents. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceed- ings ,qf „7/6; Civil Service Commission of 6/14; Human Rights Commission of 6/2, 6/8; Library Board of Trustees of 5/28; Library Board of Trustee Update of 7/1; Park and Recreation Advisory Commission of 6/9; Zoning Advisory Commission of 7/1; Zoning Board of Adjustment of 6/25; Proof of Publication for City Council Proceed- ings of 6/15; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 5/31. Upon motion the documents were received, filed and approved. 2. Notice of Claims and Suits: Linda Schoenberger for pro- perty damage; City of Dubuque vs. Jerryl Gesie et al.; City of Dubuque vs. Jesse Rans et al.; -City- of Dubuque vs. Blake and Linda Schellenberg et al. Upon motion the documents were re- ceived, 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: Elaine Evers for vehicle damage; Tim Mueller for monetary loss; Linda Schoenberger for property damage. Upon motion the documents were re- ceived, filed and concurred. 4. Sustainable Dubu- que Community Grant Recommendations: City Manager recom- mending approval of five grant requests from the Sustainable Dubuque Community Grant program. Upon motion the documents were received, filed and approved. 5. Request for Proposal - Bee Branch Flood Control Pumping Station Gates and Primary Electric Ser- vice Replacement Pro- ject: City Manager recommending appro- val to proceed with the issuing of a Request for Proposals for design and engineering ser- vices for the Bee Branch Flood Control Pumping Station Gates and Primary Electric Service Replacement Project. Upon motion the documents were received, filed and approved. 6. ITC Midwest Easement Agreement: City Manager recom- mending approval of two Easement Agree- ments for Public Sidewalk with ITC Midwest. Upon motion the documents were received, filed and approved. 7. Operating Engi- neers Collective Bar- gaining Agreement Amendment: City Man- ager recommending approval of an Amendment to the Collective Bargaining Agreement with the International Union of Operating Engineers, Local #234 to provide for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispat- chers. Upon motion the documents were re- ceived, filed and approved. 8. ISO Public Pro- tection Classification: Valley Park in Dubuque County. Upon motion the documents were received and filed and Resolution No. 245-15 Approving a Pre - Annexation Agreement between the City of Dubuque, Iowa and Mary (Mulgrew) Gro- nen and American Trust And Savings Bank, Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the Last Will and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated January 22, 2008 was adopted. 12. 2015 Pavement Marking Project Award: City Manager recommending that the award for the 2015 Pavement Marking Project to Selco, Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 13. 610 Wilbur Street Deconstruction Project Recording Award Memo: City Manager recommending that the award for the decon- struction of 610 Wilbur Street Project to D.F. Excavating, LLC be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a matter of record. 14. Family Self - Sufficiency Grant Appli- cation: City Manager recommending appro- val to submit a grant application to fund the three existing Family Self -Sufficiency Coor- dinator positions. Upon rviuunua MEAN! PTO I GenSeS as SUDmlttec gram. Upon motion th documents were re ceived, filed an approved. 17, Contracted Ser vices Grant Agreement Hills and Dales Senio Center Lifetime Pro gram: City Manage recommending appro val of a revised Contracted Service Agreement with Hills and Dales Senior Cen ter Lifetime Program Upon motion the docu- ments were received filed and approved. 18. Purchase of Services Grant Agree- ment - Opening Doors: City Manager recom- mending approval of a revised Purchase of Services Grant Agree- ment with Opening Doors. Upon motion the documents were re- ceived, filed and approved. 19. Purchase of Services Grant Agree- ment- Project Concern Information and Re- ferral: City Manager recommending appro- val of a revised Purchase of Services Agreement with Pro- ject Concern to assist Project Concern's 211 Center. Upon motion the documents were received, filed and approved. 20. Purchase of Services Agreement - Almost Homes at St. John's: City Manager recommending appro- val of a revised Purchase of Services Grant Agreement with Almost Home at St. John's. Upon motion the documents were received, filed and approved. 21. Purchase of Services Grant - St. 'Mark Youth Enrich- ment: City Manager recommending appro- val of a revised Purchase of Services Grant Agreement with St. Mark's Youth Enrich- ment. Upon motion the documents were re- ceived, filed and approved. 22. Purchase of Services Agreement Dubuque YMCA/YWCA: City Manager recom- mending approval of a revised Purchase of. Services Grant Agree- ment with the Dubuque Community YMCA/ YWCA Victim Services Shelter. Upon motion the documents were received, filed and approved. 23. Dubuque Furniture & Flooring Selective Demolition & Restor- ation Project Accept- ance: City Manager recommending accept- ance of the con- struction contract for the Dubuque Furniture & Flooring Selective Demolition & Restor- ation Project as com- pleted by Epic Con- struction. Upon motion the documents were received and filed and Resolution No. 248-15 Accepting the Dubuque Furniture & Flooring Selective Demolition & Restoration Project and authorizing the payment to the con- tractor was adopted. 24. Acceptance of EPA Environmental Educa- tion Grant: City Man- ager recommending approval to partner with the University of Iowa to accept the Environmental Protec- tion Agency Environ- mental Education grant and to enter into an agreement to act as a subgrantee of the University of Iowa. Upon motion the documents were re- ceived, filed and approved. 25. Brownfields Assessment Coopera- tive Agreement Amend- ment - ECIA: City Manager recommend- ing approval of an amended contract for services from East Central Intergovern- mental Association re- garding the 2013 EPA Brownfields Assess- ment Grant. Upon t motion the documents were received and filed and Resolution No. 249- 15 Authorizing ap- proval of an Amended and Restated Contract between the City of Dubuque, Iowa and B East Central Intergov- 3 ernmental Association A for grant adminis- t tration for the 2013 A Environmental Protec- L tion Agency Brown- B fields Assessment B Cooperative Agree- R ment was adopted. a 26. Brownfields Area- A Wide Planning Grant S Contract ECIA: City M Manager recommend- ing approval of a m contract with East t Central 'lntergovern- 2 mental Association M (ECIA) to provide R administrative services P e Upon motion th documents were re d ceived and filed an Resolution No. 251-1 - Approving application for beer, liquor, and/o r wine permits, a - required by City o r Dubuque Code o - Ordinances Title Business and Licens Regulations, Chapter Liquor Control, Artie! - B Liquor, Beer and . Wine Licenses and Permits was 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 direc the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. NW Arterial Hike/ Bike Trail Phases 4 & 5: City Manager recom- mending initiation of the public bidding procedure for the Iowa 32 Hike -Bike Trail - Phase 4 & 5 Project, and further recom- mends that a public hearing be set for August 3, 2015. Upon motion the documents were received and filed and Resolution No. 252- 15 Preliminary appro- val of plans, speci- fications, 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 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. 2. Federal Building Lease with Iowa State University: City Man- ager recommending that a public hearing be set for August 3, 2015, on Lease Agree- ment between the City of Dubuque and the Iowa State University in the Historic Federal Building. Upon motion the documents were received and filed and, Resolution No. 253-15 Resolution of Intent to dispose of an interest in real property owned by the City of Dubuque, Iowa by lease between the City and. Iowa State University of Science and Technology 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. 3. Dubuque Industrial Center Economic Devel- opment District - Urban Renewal plan Amend- ment: City Manager recommending appro- val of a Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the Dubuque Industrial Center Economic Devel- opment District and set a public hearing on the proposed amendment for September 8, 2015. Upon motion the documents were re- ceived and filed and Resolution No. 254-15 Resolution of Necessity finding that certain areas adjacent to -the established Dubuque Industrial Center Economic Development 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 September 8, 2015 in he Historic Federal i Building. BOARDS/ COMMISSIONS Appointments were made to the following Boards/Commissions. r 1. Building Code oard of Appeals: One, -year term through ugust 1, 2018 (expired r erm of Luchsinger). p pplicant: Richard a uchsinger, 2875 t rueck Rd. Motion by C raig to appoint U ichard Luchsinger to C 3-year term through A ugust 1, 2018. 1 econded by Resnick. ( otion carried 7-0. a 2. Housing Com- 7 ission: One, 3-year ( erm through August 1, m 018 (expired term of h cDonell). Applicant: f obert McDonell, 4050 s eru Rd. Motion by S . Street): Proof of e publication on notic of public hearing t d consider a request b 5 Gronen Restoration t s rezone the 1500 Bloc r of White Street from R s 2A Alternate Two f Family Residential t f District to OC Offic 4 Commercial Distric e and the Zonin 2 Advisory Commissio e recommending appro val. Motion by Jones t receive and file the documents and th the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prio to the meeting a which It is to be passed t be suspended. Sec- onded by Lynch. Plan- ning Services Manager Laura Carstens pro- vided a staff report. Developer John Gro- nen, 1766 Plymouth Ct., provided a description of the project and addressed parkingsolu- tions and ADA com- pliance. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 44-15 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Devel- opment Code, by re- classifying hereinafter described property located at 101 E. 15th Street from R-2A Alter- nate Two -Family Resi- dential District to OC Office Commercial Dis- trict. Seconded by Lynch. Motion carried 7-0. 2. Request to Rezone - 460/464 West Locust Street: Proof of publication on notice of public hearing to consider a request by Louis Mihalakis/ACE Construction, to rezone property located at 460- 464 West Locust Street from C-1 Neighborhood Commercial District to C-3 General Commer- cial District and the Zoning Advisory Com- mission recommending denial. Motion by Braig to receive and file the documents and concur with the denial. Seconded by Jones. Developer Louis Miha- lakis, 1212 Miller Rd., spoke in favor of the request and described plans for use of the buildings. Planning Services Manager Laura Carstens pro- vided a staff report. Motion carried 7-0. 3. Text Amendment - Residential Freestand- ing Solar Arrays (1st Reading): Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend the Unified Development Code to establish procedures for the review of new freestanding solar arrays 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. Second- ed by Jones. Motion failed 5-2 with Lynch and Sutton voting nay. Planning Services Man- ager Laura Carstens and Assistant Planner Kyle Kritz provided a staff report and responded to questions from the City Council regarding square foot- age, dimensions, ex- ceptions and condi- tional use permit processes. Tim Muel- ler, 2901 Hillcrest Rd., spoke in opposition to the request and provided several slides of solar arrays citing restrictions in square footage, proportion, dimensions and energy needs. Bob Renne, 1950 Avalon Rd., spoke in opposition to solar arrays and cited I information on health ssues, environmental mpacts and restricted development. Rita Cot- rell, 918 Rhomberg, spoke in opposition to Seconded