Proof of Publication_City Council Proceedings 9 21 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: September 30, 2015, and for which the charge is $350.43.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
thisa-•� day of -, 20 /.5 .
Notary Public in and for Dubuque County, Iowa.
_-9 ,. 0 pp f y^
lon Number 954085
r e Eye. FEB. 1,2017
2 Notice..of Claims documents werei re- ado ption'-of a ResO- Designation; 'and an Enterprise Fund and, City'Manage r recoil-'
and Sults: Rick Heston celved;and. filed and Igtlo6 of,i1-QcessltY;that Adb;pting a conceptual `funding'' for'i project' rnending•.approval.-of j
for• property' damage; Resbidtibn No,' 18-15 fJhds that' an•arrlebd= Developmenl;'Plan for costs.Motion carried 6-0. an ordinance which i
Ken Lang .for vehicle iAdo eptIng a,GrAnt-of. ment,t9�the Amerided AppleWood % -Senior 8:Sale of Property - adds'a new Title''15,
damage;Stave Rutz for Easement' for•'storm and ;Restated Urbap Housing r Mase " IV. 2525 Windsor Avenue: Chapter 2 . 'Which
vehicle damage••Aaron Sewer,over•antl aoross RenbWal"Plap.for"',tile Seconded ;,by Lynch. Proof-of publication on establishes the- Long
Strong fof,vehicle dam LOUbi L'ot"2 of l ot'2 of :Greater;Downtown.Ur Motion barred 6-0, notice of public Range' Planning Advl-I
age. Upoh'mot[on the the W:'/f of'the NW 1A ;ban Renewal Distriet,is . 2:ReYonin9'Request- hearing c, consider' sort''commission And
documents,were,,re- of Section'_27;and Lot 2 both,'necessary,,'and 411Wras Blvd:Proof of sale of 2525 Windsor provides { for the
delved . if led and of Lbt;`1 of Lot2 of the appropriate,and sets'a publication on notice Avenue to Ted Stackis powers;, 0 operation,
referred to tlje City NE '/a-of theN /4E ' ,of public hearing on:the bf ,public hearing to -Construction and the' membership and meet-
Attorney. .,+• Section f ,2$ ,all in proposed. amendment consider.a request•by City Manager^recom- Ings: Motion by Lynch'
3 Disposition of Townsh(p .Sg•rNorth, for October 19, 2015 lenk:Enterprises, Inc. mending 'approval. to'receive;and file the"
Claims City Attorney Range 2 East of the 5th Upon motion the.docu to,T rezone property Motion by Connors to• documents' and that
advising that the P.M., {n the,;City'of mots were received •from•OR•office Resl receive
"and file the the requirement that al
following claims..have DubUque, - Iowa was 'and •filed- and• Reso- dential District to OC documents and adopt proposed ordinance be;
beewreferred to public adopted. lut[on .'No. 32445 Office.Commerclal Dis Resolution No. 329-15, cons[deredt and voted
Entity Risk:Services.of 15.-;Dubuque;Inter- Resolution of Necessity t'r[ct t0 p'errrrr�rit a bridal, Disposing of City on for passage at two
Iowa the.agent.for the modal- Transportation F[nding ,That Certain shop ,a d'fire'Zoning Interest, [n Real Council meotings prior
Iowa Cbmmunities .Center, Sign' Request: Areas:lncludeclMith[n Advisory Commission Property Located' at to the meeting at;
Assura. d:,,Pool Joah Historic' Preservation The GYeafer boWntown recommending appro 2525• Windsor Avenue,• which it into be passed',
;Heston for' property Commission� xecom- ,The
Renewal District val:.Motion by Lynch to in the City of Dubuque,' be suspended. Sec-
b'
damage;Ken Lang;for mending approval of Meet the Definition ofa receive and-,f I - the Iowa ;Seconded by onded 'by 'Resnick.f
vehicle'damage,Steve the' <monument-style Blighted'Area or an documents and that Jones Responding to Motion carried 6 0.
Rutz--for,vehicle dam- freestanding sign for Economic':Developmenti tl'e requirement that a questions from the City S Motion by Lynch for
age; Aaron strong,for Jule Transit; Elm.and Area Under the Urban proposed ordinance be CoUncp; Housing and .final consideration and
vehicle damage .Upon 9th.Streets.,to serve' _Renewal LaWiand;That considered,and'voted Community , Develop- 'passage of Ordinance''
motion the documents the' Dubuque Inter Development of said on for.passage at; ment Director Alvin, No. 6215 ,Amending
Were received, ilgd modal' Transportation Areas-.Is Necessary In Cou_haii.meetings prior Nash,provided=back City of Dubuque Code
An( concurred Center: Upon".:motion '"the lhterest of,'the to' the , meeting at ground° on ..` the of Ordinances Title.15
4. Assistance to the documents were Residents,of the City of, which it is to'be passed property's" ownership,; Planning And Zoning by
Firefighter'sa Grant received filed and Dubuque, : Iowa ,_arid Ib ` suspended. Sec Motioncarried.6,0 Repealing'.Chapter 2
Award ;and Accept- approved i Setting Dates �"Of ended by�`Connors. ; Upon motion the rules, Long, Range:,Planning
ante. City Manager 16 Cedar CrosssStbrm Hearing and Consul- Applicant' Cathleen "were reinstated limit;j Advisory :Commission
recommending,,appro- Sewer Extension Pro- Cation,'oh a Proposed Enabnit ., of Jenk ing• discussion to thea and adopting a Chapter
Val of�the+.acceptance Jeet.Acceptance: City Amendment 'to.zthe Enterprises ;spoke in City Council. 2 Long Range Planning
of• the:Assistance o Manager `recommend- Amended And Restated support of,the request: ACTION ITEMS Advisory 'Commission
Firefighter's 'Grant lhg'that the award,for Urban Renewal Was PIanning Services Man <lt Sister Clty' In lieu. thereof estab-
award for replacement the,cedar'cross.Storm "adopted`" setting -a ager Laura' Cars tens Relationships Advisory 1[sh[ng th'e Lord,Range.
of-the exercise equip- Sewer. Extenslon.Pro- public Nearing for.,a pi-6-Hed a•"sfaff report, Gommissi6m Chairper- ,Planning AtivikiryCom
Com-
merit- In `all fire jest be officially fineeting to commence Motion carried 6.0.' son Dick L'and[s• pro-' mission and'providing
stations.,Upon motion recorded [n! -,the 'at 620 pxh on Octo I er M,otion"by-Lynch,for vide,d a presentation of for the`powers,,oper-
the documents were minute@s of'.the City 19;2015(n the Historic final cons[derat[on and the' activities of the ation,' meniber`ship
received filed and Council. Upon:`mot(on
approved ;i the."•docUmehts' wefederal Building passage of;Ordinance' Commission. :Topics and meetings. Sec
re BOARDS/ No:_ 59 15 -Amending_ Included: a history of onded by Jones.Motion'
b Upper.Mississippi received, filed 'and COMMISSIONS'_ Title 16•of tie City of the Commission;,back- carried 6-0.:
River A Vltgl Resource ,made.; a �Matter of Applicants'`Were Dubuque •code of ground on:Dubuque's; COUNCIL MEMBER
for Regional°Economic Record invited to:address the Orditia cede' Unified three sister •C[t;es; REPORTS'
ProsperityriGity Man a- 17: Access.; Ramp City Council regarding Development-Code, by Commission activlties,• Gouncil Member
ger Subm(tting the Installation Protect - - heir desire to serve'on reclassifying hereinaf; outcomes antl stra- Resnick reported on
handout`e6litled Upper Project Four,Accept the following Boards/ ter'descriped property tegic planning. Motion : the30th anniversary;of
Mississippi:,` River, .A anee:< Clty,`-Manager Commissjons ':3 located at,412 Loran by Jones to receive and Dubuque Main St. and
I Vital Resource for recommending that the } Clyic,Center Advl- Blvd from`'OR. Office file the inforhiat(oh. congratulated Its staff
I Regiotfal �" Economi'c' award for the •2015 sory Comm[ssion:_One, 'Residential Disfrict'"to Seconded by Resmdk.; ontheirdedication.'`
Pro" It Upon mo- Access Ija .0 ,instal ,3 year; term '-through OG Office.Commercial' 'Motion±carried 6 0., There, being no
tlo.n the ,documents IatiOn,PrOlect .•Project June 29, 2616 (Vacant District .Seconded by .,2:S66 ndhand.Dealer further business, upon
were received•`filed Four be officially iterm-of Scott). Appll Connors -Motion car Business License.'Ap- motion the City Council
and made ac Matter'of recorded ` Jn the `calf A:>.Alantla Gre rico 6 0. peal Ace Construe adjourned at 8:51 p.m.
Record minutes of the City ;'gory,1560 Iowa St;##3 il.Rezigmng'Request tion 460 Wrest Locust /s/Kevin S.Firnstahl,
6 Delta Dental Council Upon -motion 2 Housing Com+ 468 E. :12th r Street: Street:,Louis Mlhalakis, CMC City Clerk
-on-
voluntary Dental PlaO the documents Were mission." TWo,'3 year Proof of publication:on owner; of Ace,: Con 'it9/30
City manager recom..' received filed :and terms through Augus{ .notice of:public'hear-
Ing
hear strtictjoh requests that
mending "approval of made: a Matter of +17 2018(Expiring term 'ing; to consider a the City Couric;l•review
the • Delta, Dental Record ` of Fernandes and xequest by.'4M-M&M, his appeal and h6t he
renewal=rotes for the 18. Property,Acqui )Vacant term of r Holz) LLC,to rezone property be heard'on the matter
plan year.January; 1 sition McFadden Pro Applicants Anna.Fen,, from planned Unit regarding the denial of
2016,1 through Decem:r perties, LLP, City ':Landes `:219 Broad DevelOpment':wlth a PC a Secondhand Dealers
b.er 31, 2016,, Upon Attorney recommend dawn Rd;; til I(edley, Planned, Commercial Business License ,for'
motion the documents ;ng.: "a,op.W of a ;237SouthgateDr District designation`°to Ace Construction'Re
were received filed resolution accepting 3 Transit Advisory MHI Modified Heavy stated;motionbyLynch
and approved. then;deed to property :Board .;:One 3-year IndUstrlal Oistr;ct and to receive and•file the
7. Hillcrest Family owned by McFadden -term through July, 30; the Xoning Advisory documents and concur<
Services Agreement Properties, LLP in 12016 (Vacant term of Cohimisslom" recom- with,the City Mana-
City• Manager recom Dubuque County Iowa Knight), Applicant's; mending".-denial: Mo ger's recommendation
mending approval of Upon! y motion; the ;Joel Lightcap,1985 Alta t[oh by Jones to receive to deny the"Ilcense.
an agreement ,with documents ;were re Vista,St."Carrie Lohr; 'and file«arid •concur Seconded by Jones:
Hillcrest' Family. Ser- celved and filed and 'mann 1879 Denver'.Dr with {J1e, denial. Attorney Susan`Hess,
vices to use Murphy R661btl6n No;'•318 15 #76 Seconded by Connors. 775 ,SinsinawW Ave.,
Park for Reflections;in Accepting the'Deed to ! 'Appolptments Were Phil,"MihalakI9 '2602 East Dubuque;IL,.and.
the;Park (October 3Q 'Certain Real Estate ,made to Ahe following Hadienda Dr:;spokein representing Mr;Wha-`
2015-January:l0,2016), owned by, McFadden' commissions favor, of,the.. ezoning lakis cited his
Upon motion the do6u Properuesfi; LLP In 1 '1=nvirpnmental and i responded :'to qualifications, contract
ments were received, Dubgqu6 County, lona stewardship Advisory questions'from the Cify, work for the City•of
filed and approved was adopted = Commission .One,: 2r Council regarding de-, Dubuque and aeknow
8, FY .2016 Cori 19;,Proper{'y<Acqui. ':year tgrrp through vQf' "t'p'lans Plan- ledged pasttviolatidns,
sbadate'd Ahnual''PeC sition McFadden Farrj- O'otobel'v1 2018;�(Exti ning Services Manager she-requested-that the
formance :Evaluation ily Partnership LLP; pared term of Koch), Laura .Carstens p'ro CityMarger's decision
Report (CAPER):,City City.iAttorhey�'_recom . :Applicants David Koch, video a:,staff report. be reversed, Respond
Manager reddmm,end- mending adoption of.a 1950 Agmiral St. Ms Carstens = and 16g.tb questibns'by'the
ing approval .of a resolution -accepting Motion :•by Braig-. to Zoning Advisory Com City Counafb Planning
resolution authoring the decd to-property .appolnt,Ravid Koch to misslon chairperson Services Manager'Lau-
submisslon'to HUD of owned by "McFadden a 3 year term;though Patrick Morton re- ra,Carstens provided
tie Consolidated,'Qh Family Qartnership ,Octob`er 1, 2018 spgndgd to questions background on a
nual Pgrfdrmance"arid LLP in bubuque :Seconded by Resnick from the City Councli related_Qrevlblt zoning
I Evaluation Report County [owa.- Upon `Motion carried 6A: regarding allowed uses denial arid''' bilrteht
(CAPER)'for the p'erod motion the documents 2 °Hlstorla Preser drld the ♦aPplication code violatwn. 'Police
ofJuly,1,-2014 through +Were r,.ecelved•and filed "vatlon'C,olnmissipn:; plooess, Motion,,bar Ch;ef..'-.Mark` Dalsing
June 30, .2015. Upon WhdffAelution No 320 One, 1 S year,term rled 4,2 With lynch and pr V[ded� 'informatioh
motion the documents 15 Accepting,tlle Deed "through, July''1, -2017 `Sutton voting nay. on Mr. Mlhalakis' ,
were received and filed to Certain Real Estate (Vacant•`. term of 4 Lak@ Eleanor Lift criminal record; as.;it i
and Resolution N0.'316- owned by McFadden Lawson-cathedral His Station antl Water pertains til the City's i
15 Authorizing the Family. Partnership, toric 'District).- Appli Main, Extenslon ,Pro= ordinanco,Motion car
Submission 6f,.a Con- LLP in Dubuque cant:John McAndrew Jd"ct Proof of publi- ried 6-0.
solidated Annual Per- County, • Iowa, •was 350 W.1st St.(Qilalifi ca#ion on notice i of 3; Name ;Change
formance and,Evalua adopted. for Cathedral Historic 'public hearing • to Proposal-Multicultural.
tion Report(CAPER)for 20' .Tobacco Com-::. District Resident) cons(der the, approval Family Center;: 1157
the.-Period ,Comment plianee —Civil-;Penalty-. Four, 3-year.terms of the construction Central Avenue•: The
in July 1, 2614 and ,for- Tobacco License "through `July 1, 2018 plans spec[fioatIons, Dubuque Branch of thee,
Concluding. June 36 Holder The Konpexion, ,.(Vacant terms of Kr6e' form of contract and NAACP submitting a
2015 Was adopted, Dubuque• City Mgnn;o,;,ger„At Large and Happ: estiln�i ed cost for the proposal to rename the
ing'FJUIy. 20 aheL for Tobacco LlcBriae t-rii° Jfllq ;,-2,.1 p,a]is1s
Concluding, June 30,. Holder The Konnexion (Vacant terms of Krue form"of contract-and NAACP` submitting a
2015 was adopted, Dubuque. City M44io .,ger,At Large and Happ• estiinated cost for the : proposal;to,rename the
9.Iowa Department of gerrecommendind ap Olson At-Large) '(Mc Lake-E06 nor Road Lift Multicultural Family
Inspections and Ap= rovOl of the„Ackn6w Andrews, ,At- Large) Station antl;:, Water Center located at 1157
peals' Contract City! �edgementlSet#lejnent and (Rapp' Old Main Main Extenslori Project Central Avenue to The.,
Manager. recommend Agreerrjent fcr a klisi�oric District Inter; and the C(t Manager Ruby Sutton?Mulficul;
ing approval of the tobacco golrlpliance tm),'Applic'ants 'EYhiJJy recootmerrdhIig appro= (ural Family Center,
Iowa Department of violation` for The Hilgerldorf, . 1511 Ns val.Motlon,by Jones'to and .the,
"Multicultural'
Inspections and Ap- KonnexfOJr, 1099 U'�I gigena St (Qualifies receive and.file the Family Centel'Board of
peals renewal agree- VersitY', Ave r i�d3�n for, At Large): (Adds- documents and'adopt Directors Subm]ttin9
Ment with the City of motion;thud Quirt n I :applicant); Resolutlon No; 325-15 correspondence Ma
Dubuque for;,perfor were receJ e"d ' o eI MdPoge�l(•4050 Approval of.. Plans, yon Pro. Tem Sutton`
t�Mande of-,,food and- and approvedo-i �f cru Rd;(Qliallfjes.for Specificatlons;'Form of asked That the item be
hotel,licensing;inspec. 2i AI&0N.LM e At lafge Current Contract and Esti tabled o provide`tinie
tions and enforcement Applidatiors 11.]It p, Jackson Park I{istoric mated Cost ;for the for her.famliy to.'grlef:
With respect`to retail ager reeQ rpend16, 'District Interim apply- Lake, Eleanor Lift; the loss of her mother.
food estabilshments. appy vas ntlul ing, -for At Large); Station Project. See- Jones explained that
Upon motion the docu pee l[ o an W1de Susan Price, ¢53 °�/z onded by Connors. , while the City owns the
rrments,.were' recerved, license as SUJ?7nitted.i White St (Quailfles,for Motion earned'6 0 building, the name of
flied,and approved Upon 'f Ct1 1 11 the At Large); D Joseph 5: FedeCal'Building the Centen is controlled !
1Q Tristate Occupa docume�its ere re Rapp, 27=LoegsV'St Lease+ =Iowa State by the MFC Board of
tiQnal Heaitii Agree cowed .and filed_ and (Old Main Historic U61Versity .P,roof of” Directors. Motion by
.I
Ment Amentlment City. ResolUtio � q 321 15 DIstCJct Interim), publleatlon on n0t1ce' Braig to table the'item',f
iyla agerr•recommend Approvipg iplioations The Clty, Council of pUblio hearing tq,: Seconded by Lynch
ing approval s of an Tor,beer,li or and/or discussed `the appIV bonsider a Lease ' Motion carried 6 0
Amendment to the wine permits, as cation of Susan Price, Agreement ,between 4.Consent to Sale and
Agreement betweeCi requiretl py City of Motion by lone~.; o tfie .City of Dubuque Release-Clens of Pro
Tri-State Occupational Dubuque ,Code_ of app4lnt John McAn= and the IoWa. State' petty-759 Bluff.'Street;i
'Health,
LLC, case` Ordinances Title 4 drew~#o d-3 year term University In the City Manager recom;1
mahagernent -services: Business and License ,for the Cathedral His- Histortc'FO46A Build°' mending approval of a,
for;wgrkers compensa Regulatlorist Chaf2tet 2 ,toric D]sfr[ct Resident ing and the,; City resolution approving
don dlaiins and police,; Liquor c3ontr,o Article ,through`.July 1, .2017; Manager XecoImM.ond. the Agreement to
and fire ;job related; B blguor Beer ant and Ing .approval, .Motion Release. Liens and
lnjurles and illnesses,:' Wine Licenses an Emily,Hilgendorf,and by Braig to r-d. ve,and' Consent to Sale the
Upon mot on.the docu Permits was adopted Robert McDonell to 3-, file thdidocuments and Amended and Restated
meiits'"vV W recelVAd,J ITEMS SEI'FOR i.year;,.At-Large terms adopt'Resolutlon,No. Agreement for Cove-
filed and approved PUBLIC HEARING {hrough July 1 2018 326 15,E Approving the Hants and Restrictions,
li Amer(oa's,RIVer Motion by Lyj)oh�to and %i Disposal of an Interest the Releaso of Real
Corporaticn :`'Contract=> rece!!/e` and file the D Josepi Rapp to a 3 , in Real Property OWn Estate •Mortgage, and
ed Services Agreement documents, adapt the year Oldd Main Historic ed by the CitY'of Dubu .S Termination, of Notes
Amendment C]ty Man-' resolutions seE- the District Interim term ue by,Lease-Between ' relating;to the sale•
eager recommending public;; hearings as tiZroUgh 1GIY 1,_2018 t oiyC]ty of Dqb ue, 759 BIUff Street by 759
e,Xecution of a•contract Indicated and direct Seconded'by Copnors IpWa and low ~state BIUff LP #o Hills'and
with America's River the C(ty Clerk to MotOn carried 5 1 With UnLVcrsity of:Science Dales Qhtld Develop;
corporation fior rtscal publish', notice as Bra igVotingpay, and'Technology Sec merit Gel)ter, ,Motion
Year 2015`` Uporr prescribed by law PUddJD H"ftRJ 55 o rlu� ,i bY,„';Res�rck by Jones to receive antl
motion the-documents Seconded by, "JoC]gs ;Upon motion the rules Lotion carried 6 p file the documents and
were received filed' Motion'carried 6-0 Were suspender(allow &, Fiscai YEar 201¢ adopt Resolu#ion No:
an'd approved 1:Sale of Property at iiig9 anYpne presentao kirst• BUdg t gmend 15. Approving,the
12 Restrictive Cove 1501=1503 Bluff Street 4edtlress the Glty Coln (Relit,[ Proof'4f pubU, ' Agreemgnt to Release;
hent 767 t)mversl#y city Manager recom it ons tJe fo�loyving cation Olt fjetice of Liens and Consent to;;
— Avenue City:Manager. mending Ghat a:publJO ,teensy , y puJniic,z ,lteartn to Safe Between 759 BIU,
CITYOF,,`DUBUQUE, -. recommerltling apppCo-' hearing be set fgr "J Rezoning Request approve the,flCs Fiscal; LP and the Gity.,,of'
IOWA vaP of a `;resolution October 5,20]5,foJhe ,3275PennsylvaniaAVe teat,, e201f, { Budget': Dubuque, Io�Na', and'
CITY;;COUNCIL;_ -.attachiCig a Restrictive; pttrpose of•disposin9 of t,�CQof of pubilca�Ior4 op Qin ndmenf, W(1ieh;+ the Releaso of Liens by:
PROCEEDING$. Covenant to 767- City- owned"real,pro notice yof_.publ(c hear ajrtGnds the [seal YeaC' the Ci#y of Dubuque.'
REGULAR SESSION University Avenue that peYty.at 1501-1503 Bluff ;;Jng to cohsId"' a 2D15r buoge -for Clty, Seconded by Connors,
Tne DubugUerCity requires the; property StreeY,to Ethan`D and :,request j;by Hgrizon ouncll aCt[oris sfhoe; City Attorney LI_ndahl;
Council met In regular :be,owner occupied„for Valerie,R. Winn; Upon Dev`el4p�petrt, }Group,+ sf1 9, trltiJi, of tie explained the ;city's
session at 6:30 p,m.on ;2F years Up3on rrtotiort. motion„the,documents ;Inc (Applewood Setlipr- {tsoal f,r year and;; hen;responSiJ�ilttY.w 10,
September 21; 2015 In thea ddcuhienfs' were weGe received antl filed AparkC?rets)tq,Cezoner includes- 4tet13s for,; the ,p[operty Motion-
the -Historic Federal received aCitJ filed and 'and RQsolution'No 322- ;property.;, fiolit. di 1 which Clty Council has: earriet[5 0
Building 350 W:„6ti Resolution. NQ 317 i5 1b, os of Intent Single FamNIY Resider eXp(essed support and;' 5 Code of Ordinances
Street Attaching Single.Fam to , Dispose of` an tial Dlstilct to` PR pthe; City ;Manager Amendment T(tle.14 I
Present Mayor' „ilY<[ResIdence ,Restric- Interest in City. of Planned (tesidentlal tecomirlending appro;il Plumkiing Code Board_;a
Tem :Sutton;, Council ,tire Cov'en.'aht to 767 DUbu_que Real'Estate; District•,<;;to permit vat,Motion 4y Connors, City,'.Manager •recom
Mejnbers ”Braig^'Con :'U'
it Avenue; Setting a Times and ,.constfuotlon of a•60 to receive and file tie jnending,approval :of �
?nors,'i Jones,: Lynch D,upuque .lowa Was Place for Hearing and unit senior apartment documents.and adopt, an prdinance,,'which
Resnick;;Assistant"City`,adopted providi.nglor?the Pub' PesJdenee and he Resolut{on.No 32715 adds a new•Title 14,
ManagerSteinhauser, 13 Request for' IcationofryoticeThere Zoning Advisory;Com ACgending the current; Chapter 1 Article H;-'
City;Attorney`Lindahl Proposal., 30 and 42= of was'adopted,sett(ng.,`inisslon recontmendlr)g Budget fpr the Fisea( Seotton 14 1H 7.which
Absent:Mayor.Roy D Inch Force Mair] a publ]c„hearing fora :approval'Wlth condi Year Ending June 30,_ establishes the Plumb
euol,.;City. Manager inspection.P"r'dject,Clty meeting to;commence 'mons .Motion by Con 2016 Seconded bY;' Ing Code Board and
M11ichael;Van MNlligen Manager recommend at 6't30`p m on gctokLer hors to-Ceceive and"file Jopps,iL�`Budget DJrector provides for. the
Mayor Pro Tem 'ing'approval`.te issue a 5 2015 in the:Hlstoric the doduments- and JenFiY Larson-respond : powers, operation;.
Sutton,`;read the call r Request for'Proposals Federal BUildin r that;the;regUir-ert ed :to questions from membership and meet
and stated this. is a .fo, seek„consultants 2,Re;gdgst to V`.acate' that a proposed.ordi the,0i{y„Cquncil about' .ing~. Motion by:Jones„
regular session of the and/or firms to Work san'tfafY S@wer_ Ease .;Hance be.' eppside ed,r thek 4feferehced bud;; to receive and file.the`
City Co�lncil.called for
id d'City aril Ment;, 3045 `•'Intliara and voted oh :::for geted Itetiis and': docUirjents. an that'
the purpose ,of;con.,, coordinate',,the inspec- Court;;,GitY.:Manager r passage?at two Council ' pubic/pr[ to funding' the requiremeht that a
P tion emergenc re recommending that, a :meetings,; rior•.to ane arrlou is fo the skate proposed ordinarice�bo,
ducting such business , Y t p n �' p p•
that .may properly , sponse plarih!6g and public:hearipd 'be set 'meeifmg at which.jt18park Motion carried a-0, considered and;voted'.
come before the City needs assessment for 'forRetober19;2015 on to, be. .;passed be 7 Bunker:°Hill Golf; on for passage at two,
Council. current .and future the disposal ,;of a• suspended Seconded Course 11 rigation phase:;' Council. meetings prior;
PLEDGE OF design changes to the sanitary,sewer: ease- by 16res�Planning Ser 2 Project Proof of to the •meeting at
ALLEGIANCE; City s 30- apd 42 inch meet;across Lot i of vices Manager Laura publlFafion pn a hptice!. which it is to be passed;
PROC AIiAATIONIS) sanitary sewer` force Indiana Supdivis ort No Carstens; prpv ded. a of',public hearing to: be; suspended;,: -Sec= 1
Crop Walk :Dat 10410s,'IDeai:ed between 2 rn the CI Y,, of _,staffreport Sco t.Kwle consider the`approval; onded;; .by Connors.
(Octobe`r.4, 2015) Was Cetlar Street Lift Duhyque Upon lrtption cJnskl •rDevelopmeri of tie plans specifi Motion carried 6 0
Accepted by Crop.Walk Station and?tne Water the _-ddociJments• were "glia Ager;:for L{or z�on Cations, forrti of con Motion by Jones for
Gominitkee Gharper esource;' Recovery ,received and filed and : evolpprrient group, tract and .:estimated final consideration and
son-Maryann,,LoGui- Center Upton motion Resolutlon tNo,?
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: September 30, 2015, and for which the charge is $350.43.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
thiso?-••" day of �� � t.tZ , 20 /5 .
Notary Public in and for Dubuque County, Iowa.
W STE9MEYER
-ion Number 1548£5
axe. FEB, 1, 2017
2. Notice of Claims documents were re- adoption of a Reso- Designation, and an Enterprise Fund and
and Suits: Rick Heston ceived and filed and lution of Necessity that Adopting a Conceptual funding for project
for property damage; Resolution No. 318-15 finds that an amend- Development Plan for costs. Motion carried 6-0.
Ken Lang for vehicle Accepting a Grant of ment to the Amended Applewood Senior 8. Sale of Property -
damage; Stave Rutz for Easement `for storm and Restated Urban Housing Phase IV. 2525 Windsor Avenue:
vehicle damage; Aaron sewer over and across Renewal Plan for the Seconded by Lynch. Proof of publication on
Strong for vehicle dam- Lot 2 of Lot 2 of Lot 2 of Greater Downtown Ur- Motion carried 6-0. notice of public
age. Upon motion the the W 'h of the NW 1/4 ban Renewal District is 2. Rezoning Request - hearing to consider
documents were re- of Section 27; and Lot 2 both necessary and 412 Loras Blvd: Proof of sale of 2525 Windsor
ceived, filed and of Lot 1 of Lot 2 of the appropriate, and sets a publication on notice Avenue to Ted Stackis
referred to the City NE 1/4 of the NE 1/4 of public hearing on the of public hearing to Construction and the
Attorney. Section 28, all in proposed amendment consider a request by City Manager recom-
3. Disposition of Township 89 North, for October 19, 2015. Jenk Enterprises, Inc. mending approval.
Claims: City Attorney Range 2 East of the 5th Upon motion the docu- to rezone property Motion by Connors to
advising that the P.M., in the City of ments were received from OR Office Resi- receive and file the
following claims have Dubuque, Iowa was and filed and Reso- dential District to OC documents and adopt
been referred to Public adopted. lution No. 324-15 Office Commercial Dis- Resolution No. 329-15
Entity Risk Services of 15. Dubuque Inter- Resolution of Necessity trict to permit a bridal Disposing of City
Iowa, the agent for the modal Transportation Finding That Certain shop and the Zoning Interest in Real
Iowa Communities Center Sign Request: Areas Included Within Advisory Commission Property Located at
Assurance Pool: Joan Historic Preservation The Greater Downtown recommending appro- 2525 Windsor Avenue,
Heston for property Commission recom- Urban Renewal District val. Motion by Lynch to in the City of Dubuque,
damage; Ken Lang for mending approval of Meet the Definition of a receive and file the Iowa. Seconded by
vehicle damage; Steve the monument -style Blighted Area or an documents and that Jones. Responding to
Rutz for vehicle dam- freestanding sign for Economic Development the requirement that a questions from the City
age; Aaron Strong for Jule Transit, Elm and Area Under the Urban proposed ordinance be Council, Housing and
vehicle damage. Upon 9th Streets, to serve Renewal Law, and That considered and voted Community Develop -
motion the documents the Dubuque Inter- Development of Said on for passage at two ment Director Alvin
were received, filed modal Transportation Areas is Necessary in Council meetings prior Nash provided back -
and concurred. Center. Upon motion the Interest of the to the meeting at ground on the
4. Assistance to the documents were Residents of the City of which it is to be passed property's ownership.
Firefighter's Grant received, filed and Dubuque, Iowa, and be suspended. Sec- Motion carried 6-0.
Award and Accept- approved. Setting Dates of onded by Connors. Upon motion the rules
ance: City Manager 16. Cedar Cross Storm Hearing and Consul- Applicant Cathleen were reinstated limit -
recommending appro- Sewer Extension Pro- tation on a Proposed Enabnit of Jenk ing discussion to the
val of the acceptance ject Acceptance: City Amendment to the Enterprises spoke in City Council.
of the Assistance to Manager recommend- Amended and Restated support of the request. ACTION ITEMS
Firefighter's Grant ing that the award for Urban Renewal was Planning Services Man- 1. Sister City
award for replacement the Cedar Cross Storm adopted setting a ager Laura Carstens Relationships Advisory
of the exercise equip- Sewer Extension Pro- public hearing for a provided a staff report. Commission: Chairper-
ment in all fire ject be officially meeting to commence Motion carried 6-0. son Dick Landis pro -
stations. Upon motion recorded in the
the documents were minutes of the City
received, filed and Council. Upon motion
approved. the documents were
5. Upper Mississippi received, filed and
River - A Vital Resource made a Matter of
for Regional Economic Record.
Prosperity: City Mana- 17. Access Ramp
ger submitting the Installation Project -
handout entitled Upper Project Four Accept -
Mississippi River, A ance: City Manager
Vital Resource for recommending that the
Regional Economic award for the 2015
Prosperity. Upon mo- Access Ramp Instal-
tion the documents lation Project - Project
were received, filed Four be officially
and made a Matter of recorded in the
Record. minutes of the City
6. Delta Dental Council. Upon motion
Voluntary Dental Plan: the documents were
City manager recom- received, filed and
mending approval of made a Matter of
the Delta Dental Record.
renewal rates for the 18. Property Acqui-
plan year January 1, sition - McFadden Pro-
2016, through Decem- perties, LLP: City
ber 31, 2016. Upon Attorney recommend -
motion the documents ing adoption of a
were received, filed resolution accepting
and approved. the deed to property
7. Hillcrest Family owned by McFadden
Services Agreement: Properties, LLP in
City Manager recom- Dubuque County, Iowa.
mending approval of Upon motion the
an agreement with documents were re-
Hillcrest Family Ser- ceived and filed and
vices to use Murphy Resolution No. 319-15
Park for Reflections in Accepting the Deed to
the Park (October 30, Certain Real Estate
2015-January 10, 2016). owned by McFadden
Upon motion the docu- Properties, LLP in
ments were received, Dubuque County, Iowa
filed and approved. was adopted.
8. FY 2015 Con- 19. Property Acqui-
solidated Annual Per- sition - McFadden Fam-
formance Evaluation ily Partnership, LLP:
Report (CAPER): City City Attorney recom-
Manager recommend- mending adoption of a
ing approval of a resolution accepting
resolution authoring the deed to property
submission to HUD of owned by McFadden
the Consolidated An- Family Partnership,
nual Performance and LLP in Dubuque
Evaluation Report County, Iowa. Upon
(CAPER) for the period motion the documents
of July 1, 2014 through were received and filed
June 30, 2015. Upon and Resolution No. 320-
motion the documents 15 Accepting the Deed
were received and filed to Certain Real Estate
and Resolution No. 316- owned by McFadden
15 Authorizing the Family Partnership,
Submission of a Con- LLP in Dubuque
solidated Annual Per- County, Iowa was
formance and Evalua- adopted.
tion Report (CAPER) for 20. Tobacco Com-
the Period Commenc- pliance - Civil Penalty
ing July 1, 2014 and for Tobacco License
Concluding June 30, Holder - The Konnexion
2015 was adopted. Dubuque: City Mana-
9. Iowa Department of ger recommending ap-
Inspections and Ap- proval of the Acknow-
peals Contract: City ledgement/Settlement
Manager recommend- Agreement for a
ing approval of the tobacco compliance
Iowa Department of violation for The
Inspections and Ap- Konnexion, 1099 Uni-
peals renewal agree- versity Ave. Upon
ment with the City of motion the documents
Dubuque for perfor- were received, filed
mance of food and and approved.
hotel licensing, inspec- 21. Alcohol License
tions and enforcement Applications: City Man -
with respect to retail ager recommending
food establishments.
Upon motion the docu-
ments were received,
filed and approved.
10. Tristate Occupa-
tional Health Agree-
ment Amendment: City
Manager recommend-
ing approval of an
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
September 21, 2015 in
the Historic Federal
RI !Minn co w Fth
approval of annual
beer, liquor and wine Susan Price, 653 '/z onded by Connors. while the City owns the
licenses as submitted. White St. (Qualifies for Motion carried 6-0. building, the name of
Upon motion the At -Large); D. Joseph 5. Federal Building the Center is controlled
documents were re- Rapp, 27 Locust St. Lease - Iowa State by the MFC Board of
ceived and filed and (Old Main Historic University: Proof of Directors. Motion by
Resolution No. 321-15 District - Interim) publication on notice Braig to table the item.
Approving applications The City Council of public hearing to Seconded by Lynch.
for beer, liquor, and/or discussed the appli- consider a Lease Motion carried 6-0.
at 6:30 p.m. on October
19, 2015 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Applicants were
invited to address the
City Council regarding
their desire to serve on
the following Boards/
Commissions.
1. Civic Center Advi-
sory Commission: One,
3-year term through
June 29, 2016 (Vacant
term of Scott). Appli-
cant: A. Alanda Gre-
gory, 1560 Iowa St. #3.
2. Housing Com-
mission: Two, 3-year
terms through August
17, 2018 (Expiring term
of Fernandes and
Vacant term of Holz)
Applicants: Anna Fer-
nandes, 2191 Broad -
lawn Rd.; Jill Kedley,
237 Southgate Dr.
3. Transit Advisory
Board: One, 3-year
term through July 30,
2016 (Vacant term of
Knight). Applicants:
Joel Lightcap, 1985 Alta
Vista St.; Carrie Lohr-
mann, 1879 Denver Dr.
#7B
Appointments were
made to the following
commissions.
1. Environmental
Stewardship Advisory
Commission: One, 3-
year term through
October 1, 2018 (Ex-
pired term of Koch).
Applicant: David Koch,
1950 Admiral St.
Motion by Braig to
appoint David Koch to
a 3-year term through
October 1, 2018.
Seconded by Resnick.
Motion carried 6-0.
2. Historic Preser-
vation Commission:
One, 3-year term
through July 1, 2017
(Vacant term of
Lawson - Cathedral His-
toric District). Appli-
cant: John McAndrews,
350 W. 1st St. (Qualifies
for Cathedral Historic
District Resident)
Four, 3-year terms
through July 1, 2018
(Vacant terms of Krue-
ger At -Large and Happ-
Olson At -Large) (Mc
Andrews At- Large)
Motion by Lynch for vided a presentation of
final consideration and the activities of the
passage of Ordinance Commission. Topics
No. 59-15 Amending included: a history of
Title 16 of the City of the Commission, back -
Dubuque Code of ground on Dubuque's
Ordinances, Unified three Sister Cities,
Development Code, by Commission activities,
reclassifying hereinaf- outcomes and stra-
ter described property tegic planning. Motion
by Jones to receive and
file the information.
Seconded by Resnick.
Motion carried 6-0.
2. Secondhand Dealer
Business License Ap-
peal - Ace Construc-
tion, 460 West Locust
Street: Louis Mihalakis,
owner of Ace Con-
struction, requests that
the City Council review
his appeal and that he
be heard on the matter
regarding the denial of
a Secondhand Dealers
Business License for
Ace Construction. Re-
stated motion by Lynch
to receive and file the
documents and concur
with the City Mana-
ger's recommendation
to deny the license.
Seconded by Jones.
Attorney Susan Hess,
775 Sinsinawa Ave.,
East Dubuque, IL, and
representing Mr. Miha-
lakis, cited his
qualifications, contract
work for the City of
Dubuque, and acknow-
ledged past violations.
She requested that the
City Manger's decision
be reversed. Respond-
ing to questions by the
City Council, Planning
Services Manager Lau-
ra Carstens provided
background on a
related previous zoning
denial and current
code violation. Police
Chief Mark Dalsing
provided information
on Mr. Mihalakis'
criminal record as it
pertains to the City's
ordinance. Motion car-
ried 6-0.
3. Name Change
Proposal - Multicultural
consider the approval Family Center, 1157
of the construction Central Avenue: The
plans, specifications, Dubuque Branch of the
form of contract and NAACP submitting a
estimated cost for the proposal to rename the
Lake Eleanor Road Lift Multicultural Family
Station and Water Center located at 1157
and (Rapp Old Main Main Extension Project Central Avenue to The
Historic District Inter- and the City Manager Ruby Sutton Multicul-
im). Applicants: Emily recommending appro- tural Family Center,
Hilgendorf, 1511 N. val. Motion by Jones to and the Multicultural
Algona St. (Qualifies receive and file the Family Center Board of
for At -Large) (Addi- documents and adopt Directors submitting
tional Applicant); Resolution No. 325-15 correspondence. Ma -
Robert McDonell, 4050 Approval of Plans, yor Pro Tem Sutton
Peru Rd. (Qualifies for Specifications, Form of asked that the item be
At -Large / Current Contract, and Esti- tabled to provide time
Jackson Park Historic mated Cost for the for her family to grief
District Interim apply- Lake Eleanor Lift the loss of her mother.
ing. for At -Large); Station Project. Sec- Jones explained that
located at 412 Loras
Blvd. from OR Office
Residential District to
OC Office Commercial
District. Seconded by
Connors. Motion car-
ried 6-0.
3. Rezoning Request -
468 E. 12th Street:
Proof of publication on
notice of public hear-
ing to consider a
request by M-M&M,
LLC to rezone property
from Planned Unit
Development with a PC
Planned Commercial
District designation to
MHI Modified Heavy
Industrial District and
the Zoning Advisory
Commission recom-
mending denial. Mo-
tion by Jones to receive
and file and concur
with the denial.
Seconded by Connors.
Phil Mihalakis, 2602
Hacienda Dr., spoke in
favor of the rezoning
and responded to
questions from the City
Council regarding de-
velopment plans. Plan-
ning Services Manager
Laura Carstens pro-
vided a staff report.
Ms. Carstens and
Zoning Advisory Com-
mission Chairperson
Patrick Norton re-
sponded to questions
from the City Council
regarding allowed uses
and the application
process. Motion car-
ried 4-2 with Lynch and
Sutton voting nay.
4. Lake Eleanor Lift
Station and Water
Main Extension Pro-
ject: Proof of publi-
cation on notice of
public hearing to
City Manager recom-
mending approval of
an ordinance which
adds a new Title 15,
Chapter 2 which
establishes the Long
Range Planning Advi-
sory Commission and
provides for the
powers, operation,
membership and meet-
ings. Motion by Lynch
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 Resnick.
Motion carried 6-0.
Motion by Lynch for
final consideration and
passage of Ordinance
No. 62-15 Amending
City of Dubuque Code
of Ordinances Title 15
Planning and Zoning by
Repealing Chapter 2
Long Range Planning
Advisory Commission
and adopting a Chapter
2 Long Range Planning
Advisory Commission
in lieu thereof estab-
lishing the Long Range
Planning Advisory Com-
mission and providing
for the powers, oper-
ation, membership,
and meetings. Sec-
onded by Jones. Motion
carried 6-0.
COUNCIL MEMBER
REPORTS
Council Member
Resnick reported on
the 30th anniversary of
Dubuque Main St. and
congratulated its staff
on their dedication.
There being no
further business, upon
motion the City Council
adjourned at 8:51 p.m.
/s/Kevin 5. Firnstahl,
CMC, City Clerk
1t 9/30
Amendment to the wine permits, as cation of Susan Price. Agreement between 4. Consent to Sale and
Agreement between required by City of Motion by Jones to the City of Dubuque Release Liens of Pro-
Tri-State Occupational Dubuque Code of appoint John McAn- and the Iowa State perty - 759 Bluff Street:
Health, LLC for case Ordinances Title 4 drews to a 3-year term University in the City Manager recom-
management services Business and License for the Cathedral His- Historic Federal Build- mending approval of a
for workers compensa- Regulations, Chapter 2 toric District Resident ing and the City resolution approving
tion claims and police Liquor Control, Article through July 1, 2017; Manager recommend- the Agreement to
and fire job -related B Liquor, Beer and and ing approval. Motion Release Liens and
injuries and illnesses. Wine Licenses and Emily Hilgendorf and by Braig to receive and Consent to Sale, the
Upon motion the docu- Permits was adopted. Robert McDonell to 3- file the documents and Amended and Restated
ments were received, ITEMS SET FOR year, At -Large terms adopt Resolution No. Agreement for Cove -
filed and approved. PUBLIC HEARING through July 1, 2018; 326-15 Approving the nants and Restrictions,
11. America's River Motion by Lynch to and Disposal of an Interest the Release of Real
Corporation Contract- receive and file the D. Joseph Rapp to a 3- in Real Property Own- Estate Mortgage, and
ed Services Agreement documents, adopt the year Old Main Historic ed by the City of Dubu- Termination of Notes
Amendment: City Man- resolutions, set the District Interim term que by Lease Between relating to the sale of
ager recommending public hearings as through July 1, 2018. the City of Dubuque, 759 Bluff Street by 759
execution of a contract indicated, and direct Seconded by Connors. Iowa and Iowa State Bluff, LP to Hills and
with America's River the City Clerk to Motion carried 5-1 with University of Science Dales Child Develop -
Corporation for Fiscal publish notice as Braig voting nay. and Technology. Sec- ment Center. Motion
Year 2016. Upon prescribed by law. PUBLIC HEARINGS onded by Resnick. by Jones to receive and
motion the documents Seconded by Jones. Upon motion the rules Motion carried 6-0. file the documents and
were received, filed Motion carried 6-0. were suspended allow- 6. Fiscal Year 2016 adopt Resolution No.
and approved. 1. Sale of Property at ing anyone present to First Budget Amend- 330-15 Approving the
12. Restrictive Cove- 1501- 1503 Bluff Street: address the City Coun- ment: Proof of publi- Agreement to Release
nant - 767 University City Manager recom- cll on the following cation on notice of Liens and Consent to
Avenue: City Manager mending that a public items. public hearing to Sale Between 759 Bluff,
recommending appro- hearing be set for 1. Rezoning Request - approve the first Fiscal LP and the City of
val of a resolution October 5, 2015, for the 3275 Pennsylvania Ave: Year 2016 Budget Dubuque, Iowa, and
attaching a Restrictive purpose of disposing of Proof of publication on Amendment, which the Release of Liens by
Covenant to 767 City- owned real pro- notice of public hear- amends the Fiscal Year the City of Dubuque.
University Avenue that perty at 1501-1503 Bluff ing to consider a 2016 budget for City Seconded by Connors.
requires the property Street to Ethan D. and request by Horizon Council actions since City Attorney Lindahl
be owner -occupied for Valerie R. Winn. Upon Development Group, the beginning of the explained the City's
21 years. Upon motion motion the documents Inc. (Applewood Senior fiscal year and lien responsibility with
the documents were were received and filed Apartments) to rezone includes items for the property. Motion
received and filed and and Resolution No. 322- property from R-1 which City Council has carried 6-0.
Resolution No. 317-15 15 Resolution of Intent Single Family Residen- expressed support and ^5. Code of Ordinances
.. . _. .... .�__ ...i. .......d w.r,n+ _ Ti+n 10
07ftal Resource for
Regional Economic
Prosperity. Upon mo-
tion the documents
were received, filed
and made a Matter of
Record.
6. Delta Dental
Voluntary Dental Plan:
City manager recom-
mending approval of
the Delta Dental
renewal rates for the
plan year January 1,
2016, through Decem-
ber 31, 2016. Upon
motion the documents
were received, filed
and approved.
7. Hillcrest Family
Services Agreement
City Manager recom-
mending approval of
an agreement with
Hillcrest Family Ser-
vices to use Murphy
Park for Reflections in
the Park (October 30,
2015-January 10, 2016).
Upon motion the docu-
ments were received,
filed and approved.
8. FY 2015 Con-
solidated Annual Per-
formance Evaluation
Report (CAPER): City
Manager recommend-
ing approval of a
resolution authoring
submission to HUD of
the Consolidated An-
nual Performance and
Evaluation Report
(CAPER) for the period
of July 1, 2014 through
June 30, 2015. Upon
motion the documents
were received and filed
and Resolution No. 316-
15 Authorizing the
Submission of a Con-
solidated Annual Per-
formance and Evalua-
tion Report (CAPER) for
the Period Commenc-
ing July 1, 2014 and
Concluding June 30,
2015 was adopted.
9. Iowa Department of
Inspections and Ap-
peals Contract: City
Manager recommend-
ing approval of the
Iowa Department of
Inspections and Ap-
peals renewal agree-
ment with the City of
Dubuque for perfor-
mance of food and
hotel licensing, inspec-
tions and enforcement
with respect to retail
food establishments.
Upon motion the docu-
ments were received,
filed and approved.
10. Tristate Occupa-
tional Health Agree-
ment Amendment: City
Manager recommend-
ing approval of an
Amendment to the
Agreement between
Tri-State Occupational
Health, LLC for case
management services
for workers compensa-
tion claims and police
and fire job -related
injuries and illnesses.
Upon motion the docu-
ments were received,
filed and approved.
11. America's River
Corporation Contract-
ed Services Agreement
Amendment: City Man-
ager recommending
execution of a contract
with America's River
Corporation for Fiscal
Year 2016. Upon
motion the documents
were received, filed
and approved.
12. Restrictive Cove-
nant - 767 University
Avenue: City Manager
CITY OF DUBUQUE, recommending appro-
IOWA val of a resolution
CITY COUNCIL attaching a Restrictive
PROCEEDINGS Covenant to 767
REGULAR SESSION University Avenue that
The Dubuque City requires the property
Council met in regular be owner -occupied for
session at 6:30 p.m. on 21 years. Upon motion
September 21, 2015 in the documents were
the Historic Federal received and filed and
Building, 350 W. 6th Resolution No. 317-15
Street. Attaching Single Fam-
Present: Mayor Pro- ily Residence Restric-
Tem Sutton; Council tive Covenant, to 767
.Members Braig Con- University Avenue,
nors, Jones, Lynch, Dubuque, Iowa was
Resnick; Assistant City adopted.
Manager Steinhauser, 13. Request for
City Attorney Lindahl Proposal - 30- and 42-
Absent: Mayor Roy D. Inch Force Main
Buol, City Manager Inspection Project: City
Michael Van Milligen Manager recommend -
Mayor Pro-Tem ing approval to issue a
Sutton read the call Request for Proposals
and stated this is a to seek consultants
regular session of the and/or firms to work
City Council called for alongside the City and
the purpose of con- coordinate the inspec-
ducting such business tion, emergency re -
recommending Mat tne 1. civic Lenmr MUV, o,v' II sal
award for the 2015 sory Commission: One, Residential District to Seconded by Resnick. on their dedication.
Access Ramp Instal- 3-year term through OC Office Commercial Motion carried 6-0. There being no
lation Project - Project June 29, 2016 (Vacant District. Seconded by 2. Secondhand Dealer further business, upon
Four be officially term of Scott). Appli- Connors. Motion car- Business License Ap- motion the City Council
recorded in the cant: A. Alanda Gre- ried 6-0. peal - Ace Construc- adjourned at 8:51 p.m.
minutes of the City gory, 1560 Iowa St. #3. 3. Rezoning Request - tion, 460 West Locust /s/Kevin S. Firnstahl,
Council. Upon motion 2. Housing Com- 468 E. 12th Street: Street: Louis Mihalakis, CMC, City Clerk
the documents were mission: Two, 3-year Proof of publication on owner of Ace Con- It 9/30
received, filed and terms through August notice of public hear- struction, requests that
made a Matter of 17, 2018 (Expiring term ing to consider a the City Council review
Record. of Fernandes and request by M-M&M, his appeal and that he
18. Property Acqui- Vacant term of Holz) LLC to rezone property be heard on the matter
sition - McFadden Pro- Applicants: Anna Fer- from Planned Unit regarding the denial of
perties, LLP: City nandes, 2191 Broad- Development with a PC a Secondhand Dealers
Attorney recommend- lawn Rd.; Jill Kedley, Planned Commercial Business License for
ing adoption of a 237 Southgate Dr. District designation to Ace Construction. Re -
resolution accepting 3. Transit Advisory MHI Modified Heavy stated motion by Lynch
the deed to property Board: One, 3-year Industrial District and to receive and file the
owned by McFadden term through July 30, the Zoning Advisory documents and concur
Properties, LLP in 2016 (Vacant term of Commission recom- with the City Mana-
Dubuque County, Iowa. Knight). Applicants: mending denial. Mo- ger's recommendation
Upon motion the Joel Lightcap, 1985 Alta tion by Jones to receive to deny the license.
documents were re- Vista St.; Carrie Lohr- and file and concur Seconded by Jones.
ceived and filed and mann, 1879 Denver Dr. with the denial. Attorney Susan Hess,
Resolution No. 319-15 #7B Seconded by Connors. 775 Sinsinawa Ave.,
Accepting the Deed to Appointments were Phil Mihalakis, 2602 East Dubuque, IL, and
Certain Real Estate made to the following Hacienda Dr., spoke in representing Mr. Miha-
owned by McFadden commissions. favor of the rezoning lakis, cited his
Properties, LLP in 1. Environmental and responded to qualifications, contract
Dubuque County, Iowa Stewardship Advisory questions from the City work for the City of
was adopted. Commission: One, 3- Council regarding de- Dubuque, and acknow-
19. Property Acqui- year term through velopment plans. Plan- ledged past violations.
sition - McFadden Fam- October 1, 2018 (Ex- ning Services Manager She requested that the
ily Partnership, LLP: pired term of Koch). Laura Carstens pro- City Manger's decision
City Attorney recom- Applicant: David Koch, vided a staff report. be reversed. Respond -
mending adoption of a 1950 Admiral St. Ms. Carstens and ing to questions by the
resolution accepting Motion by Braig to Zoning Advisory Com- City Council, Planning
the deed to property appoint David Koch to mission Chairperson Services Manager Lau -
owned by McFadden a 3-year term through Patrick Norton re- ra Carstens provided
Family Partnership, October 1, 2018. sponded to questions background on a
LLP in Dubuque Seconded by Resnick. from the City Council related previous zoning
County, Iowa. Upon Motion carried 6-0. regarding allowed uses denial and current
motion the documents 2. Historic Preser- and the application code violation. Police
were received and filed vation Commission: process. Motion car- Chief Mark Dalsing
and Resolution No. 320- One, 3-year term ried 4-2 with Lynch and
15 Accepting the Deed through July 1, 2017 Sutton voting nay.
to Certain Real Estate (Vacant term of 4. Lake Eleanor Lift
owned by McFadden Lawson -Cathedral His- Station and Water
Family Partnership, toric District). Appli- Main Extension Pro-
LLP in Dubuque cant: John McAndrews,
County, Iowa was 350 W. 1st St. (Qualifies
adopted. for Cathedral Historic
20. Tobacco Com- District Resident)
pliance - Civil Penalty Four, 3-year terms
for Tobacco License through July 1, 2018
Holder - The Konnexion (Vacant terms of Krue-
Dubuque: City Mana- ger At -Large and Happ-
ger recommending ap- Olson At -Large) (Mc
proval of the Acknow- Andrews At- Large)
ledgement/Settlement and (Rapp Old Main
Agreement for a Historic District Inter -
tobacco compliance im). Applicants: Emily
violation for The Hilgendorf, 1511 N.
Konnexion, 1099 Uni- Algona St. (Qualifies
versity Ave. Upon for At -Large) (Addi-
motion the documents tional Applicant);
were received, filed Robert McDonell, 4050
and approved. Peru Rd. (Qualifies for
21. Alcohol License At -Large / Current
Applications: City Man- Jackson Park Historic
ager recommending District Interim apply -
approval of annual ing. for At -Large);
beer, liquor and wine Susan Price, 653 'h
licenses as submitted. White St. (Qualifies for
Upon motion the At -Large); D. Joseph
documents were re- Rapp, 27 Locust St.
ceived and filed and (Old Main Historic
Resolution No. 321-15 District - Interim)
Approving applications The City Council
for beer, liquor, and/or discussed the appli-
wine permits, as cation of Susan Price.
required by City of Motion by Jones to
Dubuque Code of appoint John McAn-
Ordinances Title 4 drews to a 3-year term
Business and License for the Cathedral His -
Regulations, Chapter 2 toric District Resident
Liquor Control, Article through July 1, 2017;
B Liquor, Beer and and
Wine Licenses and Emily Hilgendorf and
Permits was adopted. Robert McDonell to 3-
ITEMS SET FOR year, At -Large terms
PUBLIC HEARING through July 1, 2018;
Motion by Lynch to and
receive and file the D. Joseph Rapp to a 3-
documents, adopt the year Old Main Historic
resolutions, set the District Interim term
public hearings as through July 1, 2018.
indicated, and direct Seconded by Connors.
the City Clerk to Motion carried 5-1 with
publish notice as
prescribed by law.
Seconded by Jones.
Motion carried 6-0.
1. Sale of Property at
1501- 1503 Bluff Street:
City Manager recom-
mending that a public
hearing be set for
October 5, 2015, for the
purpose of disposing of
City- owned real pro-
perty at 1501-1503 Bluff
Street to Ethan D. and
Valerie R. Winn. Upon
motion the documents
were received and filed
and Resolution No. 322-
ject: Proof of publi-
cation on notice of
public hearing to
consider the approval
of the construction
plans, specifications,
form of contract and
estimated cost for the
Lake Eleanor Road Lift
Station and Water
Main Extension Project
and the City Manager
recommending appro-
val. Motion by Jones to
receive and file the
documents and adopt
Resolution No. 325-15
Approval of Plans,
Specifications, Form of
Contract, and Esti-
mated Cost for the
Lake Eleanor Lift
Station Project. Sec-
onded by Connors.
Motion carried 6-0.
5. Federal Building
Lease - Iowa State
University: Proof of
publication on notice
of public hearing to
consider a Lease
Agreement between
the City of Dubuque
and the Iowa State
University in the
Historic Federal Build-
ing and the City
Manager recommend-
ing approval. Motion
by Braig to receive and
file the documents and
adopt Resolution No.
326-15 Approving the
Disposal of an Interest
in Real Property Own-
ed by the City of Dubu-
que by Lease Between
the City of Dubuque,
Iowa and Iowa State
University of Science
and Technology. Sec -
provided information
on Mr. Mihalakis'
criminal record as it
pertains to the City's
ordinance. Motion car-
ried 6-0.
3. Name Change
Proposal - Multicultural
Family Center, 1157
Central Avenue: The
Dubuque Branch of the
NAACP submitting a
proposal to rename the
Multicultural Family
Center located at 1157
Central Avenue to The
Ruby Sutton Multicul-
tural Family Center,
and the Multicultural
Family Center Board of
Directors submitting
correspondence. Ma-
yor Pro Tem Sutton
asked that the item be
tabled to provide time
for her family to grief
the loss of her mother.
Jones explained that
while the City owns the
building, the name of
the Center is controlled
by the MFC Board of
Directors. Motion by
Braig to table the item.
Seconded by Lynch.
Motion carried 6-0.
4. Consent to Sale and
Release Liens of Pro-
perty - 759 Bluff Street:
City Manager recom-
mending approval of a
resolution approving
the Agreement to
Release Liens and
Consent to Sale, the
Amended and Restated
Agreement for Cove-
nants and Restrictions,
the Release of Real
Estate Mortgage, and
Termination of Notes
relating to the sale of
759 Bluff Street by 759
Bluff, LP to Hills and
Dales Child Develop-
ment Center. Motion
by Jones to receive and
file the documents and
adopt Resolution No.
330-15 Approving the
Agreement to Release
Liens and Consent to
Sale Between 759 Bluff,
LP and the City of
Dubuque, Iowa, and
the Release of Liens by
the City of Dubuque.
Seconded by Connors.
City Attorney Lindahl
explained the City's
lien responsibility with
the property. Motion
carried 6-0.
15 Resolution of Intent 5. Code of Ordinances
to Dispose of an tial District to PR the City Manager Amendment - Title 14
Interest in City of Planned Residential recommending aggro- Plumbing Code Board:
Dubuque Real Estate, District to permit val. Motion by Connors City Manager recom-
Setting a Time and construction of a 60- to receive and file the mending approval of
Place for Hearing and unit senior apartment documents and adopt an ordinance which
Providing for the Pub- residence and the Resolution No. 327-15 adds a new Title 14,
IicationofNotice There- Zoning Advisory Com- Amending the Current Chapter 1, Article H,
of was adopted setting mission recommending Budget for the Fiscal Section 14-1H-7 which
a public hearing for a approval with condi- Year Ending June 30, establishes the Plumb -
meeting to commence tions. Motion by Con- 2016. Seconded by ing Code Board and
at 6:30 p.m. on October nors to receive and file Jones. Budget Director provides for the
5, 2015 in the Historic the documents and Jenny Larson respond- powers, operation,
Federal Building. that the requirement ed to questions from membership and meet-
2. Request to Vacate - that a proposed ordi- the City Council about ings. Motion by Jones
Sanitary Sewer Ease- nance be considered the referenced bud- to receive and file the
ment 3045 Indiana and voted on for geted items and documents and that
Court: City Manager passage at two Council public/private funding the requirement that a
recommending that a meetings prior to the amounts for the skate proposed ordinance be
Braig voting nay.
PUBLIC HEARINGS onded by Resnick.
Upon motion the rules Motion carried 6-0.
were suspended allow- 6. Fiscal Year 2016
ing anyone present to First Budget Amend -
address the City Coun- ment: Proof of publi-
cil on the following cation on notice of
items. public hearing to
1. Rezoning Request - approve the first Fiscal
3275 Pennsylvania Ave: Year 2016 Budget
Proof of publication on Amendment, which
notice of public hear- amends the Fiscal Year
ing to consider a 2016 budget for City
request by Horizon Council actions since
Development Group, the beginning of the
Inc. (Applewood Senior fiscal year and
Apartments) to rezone includes items for
property from R-1 which City Council has
Single Family Residen- expressed supportand
that may properly sponse planning and public hearing be set meeting at which it is park. Motion carried 6-0, considered and voted
come before the City needs assessment for for October 19, 2015, on to be passed be 7. Bunker Hill Golf on for passage at two
Council. current and future the disposal of a suspended. Seconded Course Irrigation Phase Council meetings prior
PLEDGE OF design changes to the sanitary sewer ease- by Jones. Planning Ser- 2 Project: Proof of to the meeting at
ALLEGIANCE City's 30- and 42-inch ment across Lot 1 of vices Manager Laura publication on a notice which it is to be passed
PROCLAMATION(S) sanitary sewer force Indiana Subdivision No. Carstens provided a of public hearing to be suspended. Sec -
Crop Walk Day mains located between 2 in the City of staff report. Scott Kwie- consider the approval onded by Connors.
(October 4, 2015) was Cedar Street Lift Dubuque. Upon motion cinski, Development of the plans, specifi- Motion carried 6-0.
accepted by Crop Walk Station and the Water the documents were Manager for Horizon cations, form of con- Motion by Jones for
Committee Chairper- & Resource Recovery received and filed and Development Group, tract and estimated final consideration and
son Maryann LoGui- Center. Upon motion Resolution No. 323-15 Madison, WI spoke in cost for the Bunker Hill passage of Ordinance
dice, 1205 Park St. the documents were Resolution of Intent to support of the request. Irrigation Replacement No. 61-15 Amending
CONSENT ITEMS received, filed and Vacate and Dispose of Motion carried 6-0. Phase 2 Project and the City of Dubuque Code
Motion by Lynch to approved. City Interest in a Sani- Motion by Connors for City Manager recom- of Ordinances Title 14
receive and file the 14. Acceptance of tary Sewer Easement final consideration and mending approval. Building and Develop -
documents, adopt the Grant of Permanent Over and Across Lot 1 passage of Ordinance Motion by Braig to ment, Chapter 1
resolutions, and dis- Easement for Storm of Indiana Subdivision No. 58-15 Amending receive and file the Building Codes, Article
pose of as indicated. Sewer - 2595 Fulton No. 2 in the City of Appendix A (The documents and adopt H Plumbing Code by
Seconded by Connors. Street: City Manager Dubuque, Dubuque Zoning Ordinance) of Resolution No. 328-15 adopting a new Section
Motion carried 6-0. recommending accept- County, Iowa was the City of Dubuque Approval of Plans, 14-1H-7 Establishing
1. Minutes and ance of a Grant of adopted setting a Code of Ordinances by Specifications, Form of the Plumbing Code
Reports Submitted: Permanent Easement public hearing for a Reclassifying Herein- Contract, and Esti- Board and providing
Arts and Cultural for Storm Sewer from meeting to commence after Described Pro- mated Cost for the for the powers, oper-
Affairs Advisory Com- Andrea and Joel Leach at 6:30 p.m. on October perty Located at 3275 Bunker Hill Irrigation ation, membership,
mission of 8/25; Library over a portion of their 19, 2015 in the Historic Pennsylvania Avenue Replacement Phase 2. and meetings. Sec -
Board of Trustees of property at 2595 Fulton Federal Building. From R-1 Single -Family Seconded by Connors. onded by Connors.
8/27; Zoning Advisory Street with the City of 3. Greater Downtown Residential District To Parks Manager Dan Motion carried 6-0.
Commission of 9/2. Dubuque owning and Urban Renewal District- PUD Planned Unit Kroger responded to 6. Code of Ordinances
Upon motion the docu- maintain the new Urban Renewal Plan Development District questions from the City Amendment - Title 15
ments were received storm sewer utility. Amendment: City Man- With a PR Planned Council regarding Bun- Long Range Planning
and filed. Upon motion the ager recommending Residential District ker Hill's revenues as Advisory Commission: