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Proof of Publication_City Council Proceedings 12 19 16 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: December 28, 2016, and for which the charge is $353.86. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day o � , 20 _. z zca� Votary Public in and for Dubuque County, Iowa. 71 ��Cio1P1,Y1, { So.. .11 — -T--; ceived "and filed and a6er recommending documents`and adopt' suit of the 'develop- of Dubuque, Iowa and '' tResolutioJl No 427-,16„, approval of,, annual &istme�Darr 419 Resolution ,No..435=16' g g sues • ment of Sky Blue Es- Timber Ridge Estates, ,,,;, , Accepting ra Grant,';"of beer, Ilquor and wine z Winona° St 'spoke in ,Approving;.-`the, Final- tates#2. Upon"motion LLC was adopted. ty Upon motto n thet Easement :for storm licenses as•submitted- support of a source of Plat of 'Timber-Hyrst CITY OF DUBUQUE, the documents. were 12. Timber-Hyrst,Es- documents were re ,4 sewer over,and across „Upon motion the docu income ban , •. Estate#5 in the City of :=IOWA received andfiled: tates.Noi 4-.Time Ex ceived";Nand. filed antl ;a;part of Lot hof the meets were lrece[vetl Evelyn Nadeau 663'.•Dubuque;, :Iowa.'Sec- CITYCOUNCIL• 7.,„Kennedy„Road 'tension: City Manager Resolution No:"'422 16 .;,Subdivision of Lot25'Sm ..and filed,and.jResolu Fenelon I spokelsup- hon dedby,,Connors:Mo- . 'PROCEEDINGS ,' Right-of-Way'JAcquisi-, recommending appro- Authorizing ., FY2017 ,,'KLevI Addition ,m;:the=>tion,Noi43316�pprov-, port,of;aI rce'of in ti on;carried°6-0. REGULAR SESSION tion (The Barony,Inc.),: .val of an extension:of REAPGrant Agreement; City of..D'u.buque, Iowa", ing, applica ions for' come ban' 6.,Request for Work The Dubuque City„City Manager recom- time for North Cascade with'Iowa Department was adopted beer,; -liquor, ;and/or Brian,Enabnit,105 So. :Session Dubuque regular. p -to of Natural Resources f27 Acceptance of,F s- wine:,permits;:',as re Grandview Ave:spoke. Area ConventionL and- session at 6:00 p.m.on the” 'ofrealI Op '&I­required for._ entine Park Ex ;cal Year;,2016, Sew • , quired by City.of Dubu- m opposition ;to a Visitors Bureau: Dubu December-19,12016 in.:, estate-.owned,by The remaining public 1m- pansi0q' j,ct ,°eiA'ed 55antary Sew que;Code of:Ordinan-: sour'c'e ofmcome:ban be Area Convention&. g p Pro e. Barony, Inc. along the provements in Timber- Rows Fi Property was er+Manho[e,ProjecfC,Ity ccs;°Title 4,'.Business Matthew= •ri r'. Visitors.Bureau IPresi- ,the ldingst 350. W Federal 6th Kennedy Road right-of- Hyrst. Estates No.+ 4. adopted Manager recommend ,"and 'License 261Southgate :^:DF., "dent&CEO':Keith Rahe Street. way to clean up the , Upon motionthe;docu. 17 AimeriCorps:;;Part ing acceptance of,the .tions;Chapter'2,Liquor`, spoke in support;;of a'_ requesting"'the City Present:.Mayor Buol; City.boundary and"fa ments were received ners in Learning?Grant ,;construction ,'contract Confrol;Arficle B Liq- q sourceof:income:br :Council schedule the Council.Members Con cilitate_economic de-. ;and filed.,and Resold; Application City Man `for the."FY161' Sewer uor'Beer and"W m. , %, I,-Jan Sclimitt;11898.1 CVB budgetrwork ses= Hors', Del Toro, Jones; vein menf ro'e'cts°:in` tion No.,419 16 Amend ager trecommending -shed 5 Sanitary;Sew,er censes.:and Permits`�Rd.,r: addressed 4he °cion for February'.6," Lynch, Resnick; City: the area. Uporr motion 'mg.Resolution No.181,- approv 2017- 'Manhole ,Project, ^as was adopted. souree'ofincome issue' 2017, at 5:30 p.m. Mo- I of"the Manager Van Millj en,_, the, documents.,were 14 A roving the Fin' -2018 AmenCorps'-=Part completed'by McBer- :-ITEMS SEF'FOR and spoke about;land-, "tion by Jones to receive 9 PP City Attorney;Brumwell. received and filed and 'Plat of TimberrHyrst ners m:;?Learning=,Cam= mott Excavating:Upon POBL"IC'IHEARING lords'n,otoffering?:hoes- andfile.thedocuments. r ;Lev'el motion the.documents Motion,by. Lynch to ing.choce voucheesfor . and set the work,ses- Abserat?�ouncil Mems Resolution No. ,414-16 Estatesi#4 m the City paign.fpr Grade bes,Rios " ; Approvin the acqui , of,Dubu'u lowat,yvas,� Reading Grant,applica-. werereceiyedandfiled receive, antl,ifile the high-6nd.units and',ex- -sion, as. >,..requested:,, g „ e pi. p p pressed:her belief that `Seconded By Connors. ,'.Mayor-Buo.I,-readfhe.'', tion•,:of real,: estate,.,ado ted "': ' tion U,on:motion the °and ResolutionNo.,428 documents, ado t'the calf a'rid stated this is a`; owned by'the'Barony; 13:O1.ffer to Buy Ex-IL ” dgcuments.,-wege 're-A. 16*Accepting the ''' resg;lutionr.s,-'°set. the ::tenants can only live Motion carried 6-0. . regular session filed .and ap Sewershed715„S11 anitary publlc`hearings as indi- where they can afford, � CLOSED SESSION `!, g n of their Inc.was adopted:. ,cess Right-of=Way: at ceived City Council.called for , 8...;Kennedy, Road Fengler Street and Ker- provetl'i Sewer.lvlanhole'Project, Gated, antl direct the;'to live. Motion.'by Jones,to the purpose of con-' ..Right-of-Way Acquisi per, Boulevard: City 18. Property Tax Ap- was,adopted. City>Clerk .to. publish. Jay Wickham;,Dubu-: convene in closed ses- ducting such business tion ,:(Richman):. City..' Manager;recommend- peal Settlement:-Medi •,a28:Acceptance of Du- notice as prescribed by; q'ue County Supervisor, sion at 8:46 p.m.to dis- that. may , properly Manager recommend- irig approval• of .an., cal-Associates;:;Realty ,buqu'e,'Industrial Cen- law.'Seconded'by•Res-: spoke'in opposition to -cuss pending litigation g City LLC. Senior,, Counsel r•ter South'Building Pad nick.,Motion:cagied60..; Action1ten`#1 Central and real'estate trans- come before the City, ing approval of the ac- agreement for the Council. quisition of real-estate to -acquire a portion recommending appro- 1'Sanitary Sewer Ex-, 1..Voluntary Annexa-1. Iowa Water Associa- fer negotiations ,pur PLEDGE OF owned:by John and Di property. ,owned 'by , ; val of the Stipulation of tension Project: City tion-;William and Janet. tion Settlement'Agree- suant'= ,to. .Chapter ALLEGIANCE ' _ane Richman along the Giese Company„_'LLC in Settlement for a,prop---,Manager recommend- Siegert 1.- OId'Highway ment and Asset'Pur- 21;5(1)(c), -0) Code of !CONSENT.'ITEMS. ''Ke nedyRoad right-of--,..exchange for the;yacar erty_ a. app I filed by ing,acceptance of the .Road: City .;Manager chase Agreement:;:- Iowa.-Mayor.Buol statmw y p =-4 tes'-Re- 'construction contract recommending setting ACTION�ITEMS ' ed>for'the�record that;° receive nand' file hthe Ciay bountlar_n an fae Cion of a ortion.of ex- edicalAssocia ty y=:, cess' right=of-way on_ alty LLC.for p'ro'perty', forthe.Dukuque Indus- a public-;hearing for 1:Central Iowa-Water Atha attorney who will documents„.adopt,the cilitate economje de- Kerper-BoulevardA;at located at`99b,”•Lang- teal •,,,. . :South January 17; 2017, on':. Association ' '(CI)W%j".consultwith'City Coun- resolutions, `and dis- velopment projects in Fengler ,Street. Upon worthy Street. Upon`'-BuildW Pad 1 Sanitary the voluntary annexa- Settlement Agreement cil on the issues to,be pose of as Indicated: the area. Upon motion'"motion'the documents motion the documents Sewer Extension as tion request of William r and Asset. Purchase- discussed inthe closed Seconded by; Resnick. the documents were were received and filed were received, :`Fled completed;,,by,McDer,- and,Janet Siegert for<. Agreement: . Assistant , session is:City Attorney, Motion carried 6.0, received-and filed and and.Resolution,No:420- and-approved. molt Excavating. Upon five acres of;property City Attorney Maureen .Crenna Brumwell: +. 1. Minutes.and Re- Resolution No. 415-16 16 Approving an Offer ', x:19.SW,Arterial.Iowa motion the.documents,,-they own located be_,;, Quann; recommending, Seconded;by Connors. portsSubmitted:Cable Approving the acquisr- to Purchase Agree- DOT Funding Agree- were received and filed 'tween „Old' "Highway approval-of a:5'etile Motion carried 6-0. 1. TV ' Commission, of tion-,, of, real, ;estate Ment for•the acquisi ment MllitaryRoad Rei .:and Resolution.No.929 Roadsand US.Highway, fent Agreement' and Upon motion,the City ' by John T. and tion of property at Fen- construction Pro ect: 16 Accepting the,Dubu ,20%Dodge Street, sub Asset,Purchase Agree- , Council reconvened in 12/7; City Council Pro- owned y J ceedirigs,, -of 12/5;-' Diane M.Richman was filer Street and Kerper City Manager •recom- que Industrial Center,'mi4ted concurrently %ment-with Ceri l=lowa open session at 9:18 12/12;.Cofminity De-, adopted.- Boulevard,;between the , :; fending approval for,_-South, Building Pad '4 with.an application to Water Association p.m. stating that staff velopment Advisory 9. Bee Branch Creek City of Dubuque, Iowa the':May- to`execute''santary`'Sewer Exten- rezone the `property. (CIWA);`:'arid"the"'`City had been given proper .Commission of 11/22; Restoration, Project - .:and.Giese 'Company, the Iowa• Department sion and Authorizing Upon motion#lie docu Manager is :recom- direction.. Five Flags Civic Center Acquisition of •411- E. LLP was adopted. of Transportation] C,o- ,the payment to the meets were,received mending'the financing :There being nOfur Commission of 11/28;:; 15th;Street:,City-:Man ,'.;;14: Request for P%ro= operative, '`",Precon`, `icontractor,,was adopt and filed and Resolu strategy-Motion;-by the- business, upon Historic -PresenCation• ager,: recommending °'posals Engineering struet[on g 4 ..__ :, 9 Fundtn ed tion!No •434-16:„Settin Jones.t'q :and motion the City Council: receive= 'Commission of 11/17; 'approval to amendrthe Services for' the -Bee Agreement for•;; the,. u., 29.,Acceptance..of a.public heanng,on an. file the documentsd'.and adjourned af,9:19 p.m. Long; Range, Planning .purchase agreement=, Branch. ,Watershed Southwest Arter[al State oflowayLandPat- apphcationforvolunta adopt Resolbffin ANo: /s/Kevi't' .rnstahl;''` Advisory Commission for the acquisition of Flood Mitigation Piro] Military':Road Recon :=ent 250 isd6th Main _ry,annexa--tion of tem 436 16 -;Approving' a CMC,City Clerk .,of.11/17;Zoning Board;. •411 IS. Street to re- '?ect: City Manager_rec- struction Project.Upon Street City eManager . tory to the City of Du Settlement;Agreement ''1112/28 j g ng authoriza- motion"the documents rec'o'mmending-,accept- ,buque Iowa- ,.was between;[Central-Iowa of Adjustment of 11/17;, fleet .the .sharing of. ommendi Proof of Publication for costs associated with tion t0 release an.RFP were received^and'filed ance of'a State of Iowa adopted Setting a pub" Water;Association:and City Council Proceed the environmental -and enter,into contract and.Resolution No.423= Land Patent for',con- lic hearing fora meet`. the;City.of Dubuquefor.'i ings of 11/21, '11/28. cleanup required for negotiations with an 16'Approving theCoop= veyance of the title for ing.to commence at water-supply,1.service;• Upon motion the docu- the City's intended use engineering consulting erative Preconstruc- •the tract of land locat- , 6:00'`p m"Non,;January and territory,.and ac- ments were receiJed' 'of the'.property. Upon_ firm :to provide:se'rv- tion' Funding Agree- ,ed-at 250 South Main' 17;2017 m the%Historic; .cepting the Deeds to. 2. Notice'of Claims were received currents ices asneeded for;the meet (Agreement.No. Street,from the State .Federal'Buildjng. certain:;real estate in and-Nook Elizabeth were r ceiv d and filed design, bidding, and 2017-16-056) between •of,Iowa to.the City:of BOARDS/ . Dubuque County,;Iowa No.416- `construction of 1.:.ahe the City of Dubuque ,Dubuque.Upon motion COMMISSIONS frorn•Central,Iowa Wa- Hass for personal in,- 16 Amendingahe Pur: 22nd.Street/Kaufmann and Iowa Department the documents were •The'City Council r&_.­.`ter Association.-Sec- jury Upon'motion the' chase"'Agreement`for Avenue Storm Sewer ,of Transportation for, received and filed and viewed applications to- onded by,Connors.Ms.... ,=documents' ,were re .the Acquisition';of real ;;Improvements andthe ' the Southwest Arterial Resolution` No. 430-16 -the.followingBoards Quann,provided a`pre ceived,filed:and refer estate owned by Blum '17th Street/V1/. Locust - ,MiILtary.Road.Recon- Apcepting,a;State`Land -and Commissions:Ap- sentation-.on the back- red:to the City Attor Properties, Inc. in the StreetStor`n Sewer>Im- •struction Project was"Patent for the convey '”I`rit'swere invitedto,, ground information ney. ;T. City of Dubuque and ,provements Upon az' adopted. ;an of title for_ thee- address,theCity Coun and subsequent hego-' 3c-D[Spos[tron of authofizmg•sapplication- 'tion the?wdoarineists- OLOFas-College Us; t�' bfllarid located-at �cilwregarding'tlieir:ap._ a4ations„;..v�ith. CIWA Claims: City Attorney for U.S.EPA Brownfield . were received, filed age Agreement for 250 South Main Street poinfinem I City Manager ' Van'. g p g Y ,, .. ousing Code Ap Milligen pro"vided infor- advisin ,that the fol Cleanup Grant Fundin and approved: Petrakis Field: ,Cit (Parcel B,' located,in '1.,Hou lowing claims have; •for the real estate was -'15;ICAAP:GrantAppli- _ Manager, recommend Block 14 of Dubuque peals;(Board- One,.3-' mation;,.on financing been referred to Public adopted. cation ,for Grandview Ing approval of.the Us',,HarborCompany'Atldi; year;term.through Jany` strategy"Ms Quann, Entity Risk Services of' 10:'Kennedy`'Road :":Avenue''and University age Agreement:;:with, tion in,the,City of=Du vary j11,;2020'(Expinng•::Mr fUan'-M[Ihgen:land Iowa,the agent for the Right-of-Way Acquisi- Avenue .Roundabout Loras ,';College, for buque Dubuque Coun Yerrri`of Young).Ap"Illpli„' Planning:Services=Man `"" Iowa.Communties.As tion:.;{Gilbert 'Merritt): ;Project::;:City. Manager. Petra`kisField: Upon ty; dowa) :from .the canti'David Young,420:.. ager''Laura Carstens surance Pool:Elizabeth. City_Manager ;recom- recommending author 'motiorrahe documents State of .Iowa.to the Burch:St. responded to questions Hass"for'personal',in= mending• approval of ization to'_submit an. .were received;;'filed City of Dubuque:::was 2.ResilientCommuni= from the City.Council` jury; ,Michael: Jelinske: the acquisition;:of real application,for an,l.owa and1111"gapproved r:, adopted ty, Advisory ;Cofmmisr re1.garding,_ the. City's for vehicle damage;, estate`'owned,by Law- Glean Air' Attainment 2J tClarke University 30 Acceptance'of Fis sion: Nine �3 year ;anise anon history:and;:` Alison Schmittforvehi-„ re'nce� Gilbert 'Merritt 'Program'OCAAP)grant Usag'ey ggreement for c.'I Year 2016 Sewer- terms:through°;July 1; pfkV s,zj-"growing•-the`, cle damage.Upon mo-. 'along,-_the Kennedy :toassistwithfunding,a 1,V"eterans:; Memorial ;shed 5,7;7, 11 and-12- '2019:'.' Three 't3;_year ;city•s* population;�i, , tion the documents Road right-of-way'to •.proposed>' 'fi Grand F1eld 2:';City Manager.. Manhole Project-City terms,thio I IN., ,, 1;' -potentiallPmpact;on.the were ,received, filed cleanup the City boun- view Avenue and Uni- ,recommending appro 'Manager;recommend 2019„(Cros%pepresen- Southwest Arterial and concurred. dart'and facilitate eco versify"Avenue Round val of the'Usage-Agree ing acceptance of ttie fano[: Appomtments�: project„tlebt reduction': 4;.Jule'Transit.Annual nomic..: .-development .about Intersection.r,im- fent with Clarke'--Uni public ` •improvement Six ,r 3 year `'terms policy and water°utility?r Report: City Manager ,projects in the area: 'provement: Upon;mo, f versity:for'softballfield. 'construction contract through,;July 1,•2019 rates.Motion carried 6 transmitting':the Fiscal. Upon motionthe'.'docu- "tion the`''documents s trim veterans Memori for the FY16 Sewer,F (At-Large Appoint;; D with Del Toros",prey- Year 2016 Jule Transit ,ments<•were received ;were received and filed aIti Park.v Upon m,o""tion shed-5 7,.x11 arida l2 feniE Sara i=Booth ent" v6te'countihd'� - Annual Report .and and%filed and iResoIu' and Resolution No.421' :°the doc'um'ents >were',,Manhole,.P•roje'ct;',as 261't.t6ney,Rd„Ben-' fhe prevailing side.;< highlights;of operating tionNo:41716Approve 16 Authorizing the'Iil= ;rec l�e'dJifiled and;ap-•, completed ;;.by Visu- jamm;Darr-419;Winona; 27,Declaration'oF0'ffi-: ,, statistics:Upon motion mg the acquisition.of mgFof a grant applica- .!proved `. Sewer inc.,:Upon mos St;,Dean.Boles, 1715, cial-Intent fo'iReirn [ the'°;,.documents'"Were= real'estate owned-by 'ti,on5wifh the,lowa De- h I:Net User Agree- 'tion": the ,documents Geraldine Dr.; Steven burse,Expenses'-Fiscal- •-'received add filed. •„ Lawrence Merritt from partment of Transpor- meets with.Loras Col ,; were received and.filed, Drahozal, 683 W. 11th Year 2016,Water'Prof or an Iowa '.lege andr;Clarke.Univer, ; and`Resolutio,n No:431°- St.; .Stephanie`;Grutz, ects City=Manager,rec S.Winter Reminders his heirs Virginia tation f :- ,,Brochure: Gity Manag Jahnke;Madonna Mer- Clean Air-_.;Attamm,ent city City;Manager!rec, 'i61Authorizing,the,'FY16.•.6176.CenturaC,t: Nich ommending' approval' er s:ubmitting',the Win ritt,,Carol Nesteby,and Program(ICAAP)Grant ..... ing• approval, -Sewershed 5;7,11&12 olas ;Huff 3075 .Olde: of the.=IQeclaration -of: ter,`-Reminders public; Juanita Schlarmann .for the'City of D`ub"uque for the Crty Manager to IvfanFioIe' „P"inject, aril Country CE <[e'Robm Ofi,cialsrantent Resolu information brochure. was adopted. North Grandview,Ave- -execute-`VFhef'-1'*gree aut'hor&hfl .',I'.the ;pay Kennicker, r 292 vflm' Bari owtfte acij'uisltian Upon-motion'the docu- 11.'PreAnnexation nue and. University rrients„with}Loras:Col- ment,$ogthe,',.contractor 'St; C,arr're lohrmann, 'of Central Iowa Water meets were' received.,. Agreement '- Timber Avenue R, a'out In- lege a1.nd:Clarke Univ-6r- was adopted.•• . 1879 Denver,Dr`.;Jared Association water sys and filed. Ridge;Estates,LLC:City tersection-': Improve sity to c'o'nnect ithe two 31.Accep#ance of Fis'I ,McGovern'755:',Chest-:. tem,. construction]''of” 1. y 5, , ..'., " - P, -, ' . P g. ;'Mike:Muench, English Mill Pump S,ta�';. Stormwate'rlueManage-^ing approvaleofMa Pre}..-.�m16=Uaentine Rark,: que'Sul-Net SUpoD mo- tarySewerLrnmg P of 280551ackson:St:;'Kate: tion, and water "main merit: City,Manager' Annexation Agreement Fiscal Year 2017 REAP -tion ,they tlooucr)e L,t ect Clty Manager rec 2arJSs 6 C1.arke Dr,-__extension;, ,and ;,rim-,;, transmitt[ng ^mforma wth>T ember Ri.d:ge, Es .Grant Agreement..Gity v ere;r ecei„ved „filed^'”ommending,' accept Sergios"Perez;51325 Cox'7;provements:Motion'by.: ...tion relating' to the'% tates,:LLC, in conjunc- Manager'recofinerid- - - ,andappr0Ved ance of the;public im-. St; •:Laura `Roussell, :'Connors;to,.receive and:" stormwater ';manage tion with a request for; ing approval of .:the , 4 23._.,,ver-.Castle, ` provement z construe`.." 3224 Bittersweet Rich file the documents:and' menf issues that'arose approval of the Final FY2017 Resource iEn! I LLC - Third:Amend tion contract,"fog the. Russell 2045:Embassy :adopt .Resolution No: during c'on'struction,of Plat,of, Timber;,Ridge hancement'arid Protec- nient to;!Development F' (CIPP)`ASanitary -West Dr Pau:SchUItZ, ',437-16 Declaring an-Of- during frcst phase ofi'the< Estates.' Upon;:motion. tion (REAP) 4 Grant Agreement for,34fi-348 ;Sewer Lining, Project;-.1.. Victoria Stj;'leah ficial Intent,; under:: 4 „ reef1. as„completetl by,SAK Specftt; 3248' Bitter-' Treasury;;-Regulation Sky:Blue Estates Subdi the:documents. were Agreement-wth tbel lo= West Locust St vision and' outlmin received•and filled.and wa Dep'artment of,Nat- City,cManager;.recom y Co'nstrI 11uc'tion., Upons sweet Ln. Ms.;,;;Booth, 1150=2 to,issue tlebt to ste'steps taken t ' ,M'dm oval,,of mo;-t[ori the:documents';;Mr..Darr,Mr.Boles,Mc reimburse'fhe City for - to-'a •Resolution No. 41816_ ural Resources for,the g app- w,e.rereceivedantl.filed,,;. Darhozal, Ms.;'Grutr; -:certain ori'ginal,expen thePissues and prevent. Pre-Annexation Ag'Irree \(alentme`Park_EjCpan , ;the -,,:D 1 elndment repeating them as are feel=between the City sion-Roepsch Proper- o'” h,,. opment .and Resolution No 432„ Mr. Huff; Ms:;Ken- ditures aid m connec- __ Agreement with W6e '16;Accypting:the•.FY16 nicker; Ms Lohrm' tieoir with;, the Fiscal'•!, ti , I p . .Ver Castle L`LC`forthe Sanital Sewe1 Ir Cured Ms. Rousell" Mr. Y ar 2017 Water'P'roj- I redevelopment ' of f-Place Pipe (CIPP) Schultz' and Ms. .ects- Seconded by propertyi; at ,346=345 Lining Project anI.d au: Specht all `•spoke in :I'.ones'�Motion•carried :?' West Locust Street thonzin'g the, payment support of their re- `6 0 -.,''. Apon motion the'­11docu to"the contra�rlctor wase `'p'dtive appointments 3 Greater Dubuque:; menu were received adopted : and provided brief til= Development Corp"ora-s _:Qa filed'and`;Resolu 32 Civil`Service Com= . r'' les. ` I tion• - Quarterly 'Up- 1.aion No 424-I6 Approu mi sion Certifietl Appointments were date: President'and ing,the Third Amend Lists Civil; Service made• o the following CEO 11 Rick Dickinson" -'meet to;the Develop Commission:< submit: Boards/commissions,, presentetla'the quarter-'a, I fent Agreement'ibe ting the Certified Lists 3I lish Creek Wa- ly update on the activi- tween the City of,;Du ,forthe,positions of Ac-:- ,tershed Management ties of`the GreaterDu- -buque .Lova antl W.ea cognt CIerK'-I,'•Vlater ''Authority: Two,;,4 year buque Development:°` ver Castle LLC was _.Meter Repa[rworke. I,' terms through July 16;' Corporation Topics in- : adoptetl „: Urban.'.Forester, and; 2020`(Explred terms,of eluded:Re 7 gnitionaby," 24i.: :Acceptance` of the re-certrf[ed list for Giannakouros 'r.�and Mid-A'meric'a Ec'ono`mic : 2016 Asphalt Overlay the;position of Inspec= Hoyer): Applicants: „Development Council Access Ramp Project tor;ll.Upon motion the, Steve Drahozal,&83 W. as the Best of.theBest ;Two Cit,,,1. ger;rec- documents 'were ,re 11th St`,Neal'@atten, .in business retention;. ommending .:,,accept- Ceived filed;:apd made 768�Nevada;St.:;Motion and expansion; work ance of,the..coistruc-. aMatter`,of-Record by Connors to appoint force solutions pro tion contract for the 33.City Council 2015' Mr. Drahozal antl Mr,, gram,.and`ahe_,Deal:,of 2016 Asphalt Overlay Official Proceedings Patten°to 4 year terms the Year,in a 10-state Access RampiQProjea City Clerk submittfg< through July 16r 2020 region for;the recent, v{T1''0'�l1 CO#1pleted by,,the Official;City Coun=, Seconded r by Tones solar arra1. y develop,' 'Midwest"`,jConcrete cil ;i Proceetlings ,~for',, Mot[on-a,--&,60`" e, -, , meet m collaboration ;Upon motion the C16 cu-' .2015:Upon motion the 4.Human Rights Com with the,City of Du u- .1 were received. document. was -.I.re>, nlission: One, `3-year que . Alliant 'Energy; and filed'`and`Resolu ceived filed'and ap- -term :through: [cor- andA.Y•McDonald Cor- tion No.,425-16 Accept-, .proved, rected term date of �-poration.Mr:Dickinson ing the 2016 Asphalt '34. Mediacom Com-' January 1, 2020]. (Ex- announcedthe,funding Overlay Access Ramps munications Company:', piring .term,of Jack, ,campaign .kickoff in Project Two and;au- Correspondence from son).Applicant:Miquel March.2017 for operat' "thonzing,-the'payment- Lee Grassley, Senior Jackson, 2130".Wood- ing funding of GDDC: I of the,contract amount• Manager of. Govern-, land .D.r. Motion by programs:.,for 2017 to•the contractor was ,fent Relations for Jones to appoint Mr. '2022. Motion by Lynch adopted. „ Mediacom -Communk Jackson to a ,'3-year for receive and file the> -. 25: Acceptance,,of 'cations'Company, in term through [January information Seconded,^`. 2616, Asphalt. Overlay forming,the City of rate, .1,20201..Seco1.nded by by Jones. Motion car Access Ramp Project adjustments being im Lynch.'Motion carried ri.ed 6-0. -. Three City, Manager. plemented on or.about 6-0. 4.'Five`F ags'Citric recommending'accept January 3, 2017.'Upon 5 Mediacom Carita Center. Quarterly Re ance of the Iconstruc motion the'documents ble Foundation;; (Ap,.. port SMG Regional' tion contract for.the were received and: pointment) , •One , 1 , G.eneral Manager• HR 2016,Asphalt Overlay filed year-term^through De Cook presented 'the access, RamI L,p Project 35 Alcohol. Compli cember3l,2017•':(Expir :.quarterly report on he Tli,e s completed by ance Civil Penalty for`! ing term of:.Chaves Five Flags,Civic Center.; Midwest Concrete Alcohol License Holder nelle).;Applicant:,Gail Topics included"Fiscal.' Upon motion the docu Casey Casey's.G Store Chavenelle, 1155:Kelly ,Year 2017 operating meets .were received . #3'473 City..Manager' Ln. Motion by'connors expenses .and operat- and filed:land Resolu recommending appro ,to appoint Ms. Chave ing revenue notable '-fine Nn d9r,-1 R tlrnan+- alai n4'+ha A;U[, .,_ n 11h +.. , +...... ,....._+.. _-.. ..._�_.,._ ??„f25 Acceptance of cations 'Company m term through (January information Seconded"'s 2016 Asphalt-Overlay "formng'the City'of rate !1 2020]r<Second'ed by by'Jones Motion car-"; Access`Ramp.Project adjustments.being im ""Lynch,Mot on carried ned 6 0 Three City.`Manager plemented on or about :6-0*0 4Y Five"Flags Civic recommending accepf=°January 3, 2017-"Upon 5 Metliacom Chaeta Center Quarterly Re ance of the.construe-.' motion the iiocuments ,ble Foundation ,(Apa port SMG Regional, tion contract for,the were< received and 'pointment) One,i;.1 , General Manag"er' HR' 2016 "Asphalt,'Overlay filed. : year term throughDe- Cook "presented 'the '. Access ,Ramp,`Project 35.'Alcohol ;Compli- `cember3l,2017-(Expir- , quarterly report on the` Ihree s`completed'1by "ance'"Civil""Penalty for "`ing"term' of Chave= Five Flags Civic Center: �M idwest Concrete. Alcohol License Holder nelle). Applicant: Gail Topics included Fiscal Upon motion the docu Casey's General Store "Chavenelle, 1155:Kelly ,Year '2017 operating meets .were received #3473: ,City :,Manager° Ln.Motion by Connors expenses and operat- and filet! and Resole- recommending cappro- ;to appoint Ms. Chave ing., revenue, notable tion No.42646 Accept- val of, the Acknow-. :nelle to a 1-year term events new_ website ing the 2016 Asphalt ledgment/Settlement, through:December 31, launch wifh links to Overlay~Access:Ramps Agreement for'an alto- 2017.Seconded.by''Del partnering..[organiza- Project Three and au- hol compliance viola Toro.Motion carried 6-0. tions, and r capital thonzing-the,payment tion for Casey's Gener PUBLIC INPUT initiatives. ;Motion by of.the contract,amoupf sal Store #3473, 1072 Carol.Copland;'1336, Connors to receive and to the contractor was Cedar Cross Road. Locust St 'speaking on file,',the documents Re- adoptetl Upon motion the docu behalf of`the Dubuque sponding to%questions 26 AcceptanceofrPer meets were-received .Landlord Association from the City Council;:` manent Easement'•for filed and approved antl the East Central to Mr iCook,ezplamed the' `Stiorm5eweraY545yi1 36 "Tobacco Comply 'w`aAssoci'ationofReal= types of events cans la;Street City.Manager ance,-Civil Penalty for tors spoke in,opposi- ,ing the increase'in rev-: recommending accept Tobacco License Hold- -,tion W"a source of in- ende,and City.Mana'g-, ance-,of';k'Grant-,,of-P&- ­er Casey's 'General ''come,,ordinance ,and ,&,Van Milligen stated: manerif Easement`for, Store#3471 City,Man- presented a citizenmpe-. that Five Flags.is.al Storm Sewer from ager recommending tition im'opposition to ready on,the list for Bradley and Ann Palz approval of the the ban:' use as an:emergency:, kill over a portion of cknowledgement%Set- Tom Priebe Sr.;14928 shelter Seconded by. their property at 545 tlement Agreement for old Highway Rd., and Jores Motion carried:: Villa Street that will fa a lktobacco .compliance Leisure.Services-=sea 6-'% - eilitate; the construe- violation'for Casey's sonal employee',"ex 5. Final`~Plat of tion' .and on-going :General Store #3473, :,,pressed his concerns Timber-Hyrst: Estates. mamtepance of th"e 1072 Cedar°Cross Road �wabout,what,he believes #5:•City Manager,rec Storm,:Sewer Utility,. "Upon-motion the docu are<;unsafe. 'working ommendng:::.approval which the City of Dubu ments were received, conditions at the Flora of4~the Final Plat, of quemill own andmain filed�and approvetl Park '' maintenance Timber Hyrst. istates fain. Upom motion the 37>Alcohol "License':building that may have #5{Motion:by Jones to documents,:were re-. Applications:City Man- :.caused:_his health a,s receive -:4hdr file^thee' r 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: December 28, 2016, and for which the charge is $353.86. g-,41,„„.Aga, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ,e 100 day o , 20 /6 . )22 _ otary Public in and for Dubuque County, Iowa. 7'774 ,••• , • ,..4.-44y FNFF % Cormm ss on r u r•b;r i6646 5 ,. Ay Comm. czp. FEB. , 2017 Legal Notices CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on December 19, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Con- nors, Del Toro, Jones, Lynch, Resnick; City Manager Van Milligen, City Attorney Brumwell Absent: Council Mem- ber Rios Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of con- ducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 6-0. 1. Minutes and Re- ports Submitted: Cable TV Commission of 12/7; City Council Pro- ceedings of 12/5, 12/12; Community De- velopment Advisory Commission of 11/22; Five Flags Civic Center Commission of 11/28; Historic Preservation "Commission of 11/17; Long Range Planning Advisory Commission of 11/17; Zoning Board of Adjustment of 11/17; Proof of Publication for City Council Proceed- ings of 11/21, 11/28. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Elizabeth Hass for personal in- jury. Upon motion the documents were re- ceived, filed and refer- red to the City Attor- ney. 3. Disposition of Claims: City Attorney advising, that the fol- lowing claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Elizabeth Hass for personal in- jury; Michael Jelinske for vehicle damage; Alison Schmitt for vehi- cle damage. Upon mo- tion the documents were received, filed and concurred. 4. Jule Transit Annual Report: City Manager transmitting the Fiscal Year 2016 Jule Transit Annual Report and highlights of operating statistics. Upon motion the documents were received and filed. 5. Winter Reminders Brochure: City Manag- er submitting the Win- ter Reminders public information brochure. Upon motion the docu- ments were received and filed. 6. Sky Blue Estates Stormwater Manage- ment: City Manager transmitting informa- tion relating to the stormwater manage- ment issues that arose during construction of the first phase of the Sky Blue Estates Subdi- vision and outlining steps taken to address the issues and prevent repeating them as a re- sult of the develop- ment of Sky Blue Es- tates #2. Upon motion the documents were received and filed. 7. Kennedy Road Right -of -Way Acquisi- tion (The Barony Inc.): City Manager recom- mending approval of the acquisition of real estate owned by The Barony, Inc. along the Kennedy Road right-of- way to clean up the City boundary and fa- cilitate economic de- velopment projects in the area. Upon motion the documents were received and filed and Resolution No. 414-16 Approving the acquisi- tion of real estate owned by the Barony, Inc. was adopted. 8. Kennedy Road Right -of -Way Acquisi- tion (Richman): City Manager recommend- ing approval of the ac- quisition of real estate owned by John and Di- ane Richman along the Kennedy Road right-of- way to clean up the City boundary and fa- cilitate economic de- velopment projects in the area. Upon motion the documents were received and filed and Resolution No. 415-16 Approving the acquisi- tion of real estate owned by John T. and Diane M. Richman was adopted. 9. Bee Branch Creek Restoration Project Acquisition of 411 E. 15th Street: City Man- ager recommending approval to amend the purchase agreement for the acquisition of 411 E. 15th Street to re- flect the sharing of costs associated with the environmental cleanup required for the City's intended use of the property. Upon motion the documents were received and filed and Resolution No. 416- 16 Amending the Pur- chase Agreement for the Acquisition of real estate owned by Blum Properties, Inc. in the City of Dubuque and authorizing application for U.S. EPA Brownfield Cleanup Grant Funding for the real estate was adopted. 10. Kennedy Road Right -of -Way Acquisi- tion (Gilbert Merritt): City Manager recom- mending approval of the acquisition of real estate owned by Law- rence Gilbert Merritt along the Kennedy Road right-of-way to clean up the City boun- dary and facilitate eco- nomic development projects in the area. Upon motion the docu- ments were received and filed and Resolu- tion No. 417-16 Approv- ing the acquisition of real estate owned by Lawrence Merritt from his heirs Virginia Jahnke, Madonna Mer- ritt, Carol Nesteby, and Juanita Schlarmann was adopted. 11. Pre -Annexation Agreement - Timber Ridge Estates, LLC: City Manager recommend- ing approval of a Pre - Annexation Agreement with Timber Ridge Es- tates, LLC, in conjunc- tion with a request for approval of the Final Plat of Timber Ridge Estates. Upon motion the documents were received and filed and Resolution No. 418-16 Pre -Annexation Agree- ment between the City of Dubuque, Iowa and Timber Ridge Estates, LLC was adopted. • 12. Timber-Hyrst Es- tates No. 4 - Time Ex- tension: City Manager • recommending appro- val of an extension of time for North Cascade Developers, LLC to complete the required remaining public im- provements in Timber- Hyrst Estates No. 4. Upon motion the docu- ments were received and filed and Resolu- tion No. 419-16 Amend- ing Resolution No. 181- 14 Approving the Final Plat of Timber-Hyrst Estates #4 in the City of Dubuque, Iowa was adopted. 13. Offer to Buy Ex- cess Right -of -Way at Fengler Street and Ker- per Boulevard: City Manager recommend- ing approval of an agreement for the City to acquire a portion property owned by Giese Company, LLC in exchange for the vaca- tion of a portion of ex- cess right-of-way on Kerper Boulevard at Fengler Street. Upon motion the documents were received and filed and Resolution No. 420- 16 Approving an Offer to Purchase Agree- ment for the acquisi- tion of property at Fen- gler Street and Kerper Boulevard between the City of Dubuque, Iowa and Giese Company, LLP was adopted. 14. Request for Pro- posals - Engineering Services for the Bee Branch Watershed Flood Mitigation Proj- ect: City Manager rec- ommending authoriza- tion to release an RFP and enter into contract negotiations with an engineering consulting firm to provide serv- ices as needed for the design, bidding, and construction of the 22nd Street/Kaufmann Avenue Storm Sewer Improvements and the 17th Street/W. Locust Street Storm Sewer Im- provements. Upon mo- tion the documents were received, filed and approved. 15. ICAAP Grant Appli- cation for Grandview Avenue and University Avenue Roundabout Project: City Manager recommending author- ization to submit an application for an Iowa Clean Air Attainment Program (ICAAP) grant to assist with funding a proposed North Grand- view Avenue and Uni- versity Avenue Round- about Intersection im- provement. Upon mo- tion the documents were received and filed and Resolution No. 421- 16 Authorizing the fil- ing of a grant applica- tion with the Iowa De- partment of Transpor- tation for an Iowa Clean Air Attainment Program (ICAAP) Grant for the City of Dubuque North Grandview Ave- nue and University Avenue Roundabout In- tersection Improve- ment was adopted. 16. Valentine Park -- Fiscal Year 2017 REAP Grant Agreement: City Manager recommend- ing approval of the FY2017 Resource En- hancement and Protec- tion (REAP) Grant Agreement with the Io- wa Department of Nat- ural Resources for the Valentine Park Expan- sion- Roepsch Proper - Legal Notices ty. Upon motion the documents were re- ceived and filed and Resolution No. 422-16 Authorizing FY2017 REAP Grant Agreement with Iowa Department of Natural Resources for Valentine Park Ex- pansion Project Roepsch Property was adopted. 17. AmeriCorps Part- ners in Learning•Grant Application: City Man- ager recommending approval of the 2017- 2018 AmeriCorps Part- ners in Learning Cam- paign for Grade Level Reading Grant applica- tion. Upon motion the documents were re- ceived, filed and ap- proved. 18. Property Tax Ap- peal Settlement - Medi- cal Associates Realty, LLC: Senior Counsel recommending appro- val of the Stipulation of Settlement for a prop- erty tax appeal filed by Medical Associates Re- alty, LLC for property located at 990 Lang - worthy Street. Upon motion the documents were received, filed and approved. 19. SW Arterial Iowa DOT Funding Agree- ment Military Road Re- construction Project: City Manager recom- mending approval for the Mayor to execute the Iowa Department of Transportation Co- operative Precon- struction Funding Agreement for the Southwest Arterial - Military Road Recon- struction Project. Upon motion the documents were received and filed and Resolution No. 423- 16 Approving the Coop- erative Preconstruc- tion Funding Agree- ment (Agreement No. 2017-16-056) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - Military Road Recon- struction Project was adopted. 20. Loras College Us- age Agreement for Petrakis Field: City Manager recommend- ing approval of the Us- age Agreement with Loras College for Petrakis Field. Upon motion the documents were received, filed and approved. 21. Clarke University Usage Agreement for Veterans' Memorial Field 2: City Manager recommending appro- val of the Usage Agree- ment with Clarke Uni- versity for softball field 2 in Veterans' Memori- al Park. Upon motion the documents were received, filed and ap- proved. 22. I -Net User Agree- ments with Loras Col- lege and Clarke Univer- sity: City Manager rec- ommending approval for the City Manager to execute I -Net Agree- ments with Loras Col- lege and Clarke Univer- sity to connect the two campuses using Dubu- que's I -Net. Upon mo- tion the documents were received, filed and approved. 23. Weaver Castle, LLC - Third Amend- ment to Development Agreement for 346-348 West Locust Street: City Manager recom- mending approval of the Third Amendment to the Development Agreement with Wea- ver Castle, LLC for the redevelopment of property at 346-348 West Locust Street. Upon motion the docu- ments were received and filed and Resolu- tion No. 424-16 Approv- ing the Third Amend- ment to the Develop- ment Agreement be- tween the City of Du- buque, Iowa and Wea- ver Castle, LLC was adopted. 24. Acceptance of 2016 Asphalt Overlay Access Ramp Project Two: City Manager rec- ommending accept- ance of the construc- tion contract for the 2016 Asphalt Overlay Access Ramp Project Two as completed by Midwest Concrete. Upon motion the docu- ments were received and filed and Resolu- tion No. 425-16 Accept- ing the 2016 Asphalt Overlay Access Ramps Project Two and au- thorizing the payment of the contract amount to the contractor was adopted. 25. Acceptance of 2016 Asphalt Overlay Access Ramp Project Three: City Manager recommending accept- ance of the construc- tion contract for the 2016 Asphalt Overlay Access Ramp Project Three as completed by Midwest Concrete. Upon motion the docu- ments were received and filed and Resolu- ceived and filed and Resolution No. 427-16 Accepting a Grant of Easement for storm sewer over and across a part of Lot 1 of the Subdivision of Lot 25 in Lev's Addition, in the City of Dubuque, Iowa was adopted. 27. Acceptance of Fis- cal Year 2016 Sew- ershed 5 Sanitary Sew- er Manhole Project City Manager recommend- ing acceptance of the construction contract for the FY16 Sewer - shed 5 Sanitary Sewer Manhole Project, as completed by McDer- mott Excavating. Upon motion the documents were received and filed and Resolution No. 428- 16 Accepting the FY16 Sewershed 5 Sanitary Sewer Manhole Project was adopted. 28. Acceptance of Du- buque Industrial Cen- ter South Building Pad 1 Sanitary Sewer Ex- tension Project: City Manager recommend- ing acceptance of the construction contract for the Dubuque Indus- trial Center South Building Pad 1 Sanitary Sewer Extension as completed by McDer- mott. Excavating. Upon motion the documents were received and filed and Resolution No. 429- 16 Accepting the Dubu- que Industrial Center' South Building Pad 1 Sanitary Sewer Exten- sion and Authorizing the payment to the contractor was adopt- ed. 29. Acceptance of State of Iowa Land Pat- ent - 250 South Main treet: City Manager recommending accept- ance of a State of Iowa Land Patent for con- veyance of the title for the tract of land locat- ed at 250 South Main Street from the State of Iowa to the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 430-16 Accepting a State Land Patent for the convey- ance of title for the tract of land located at 250 South Main Street (Parcel B, located in Block 14 of Dubuque Harbor Company Addi- tion in the City of Du- buque, Dubuque Coun- ty, Iowa) from the State of Iowa to the City of Dubuque was adopted. 30. Acceptance of Fis- cal Year 2016 Sewer - shed 5, 7, 11 and 12 Manhole Project: City Manager recommend- ing acceptance of the public improvement construction contract for the FY16 Sewer - shed 5, 7, 11 and 12 Manhole Project, as completed by Visu- Sewer Inc. Upon mo- tion the documents were received and filed and Resolution No. 431- 16 Authorizing the FY16 Sewershed 5, 7, 11 & 12 Manhole Project and authorizing the pay- ment to the contractor was adopted. 31. Acceptance of Fis- cal Year 2016 CIPP San- itary Sewer Lining Proj- ect: City Manager rec- ommending accept- ance of the public im- provement construc- tion contract for the FY16 (CIPP) Sanitary Sewer Lining Project, as completed by SAK Construction. Upon mo-tion the documents were received and filed and Resolution No. 432- 16 Accepting the FY16 Sanitary Sewer Cured - in -Place Pipe (CIPP) Lining Project and au- thorizing the payment to the contractor was adopted. 32. Civil Service Com- mission - Certified Lists: Civil Service Commission submit- ting the Certified Lists for the positions of Ac- count Clerk I, Water Meter Repairworker I, Urban Forester, and the re -certified list for the position of Inspec- tor II. Upon motion the documents were re- ceived, filed and made a Matter of Record. 33. City Council 2015 Official Proceedings: City Clerk submitting the Official City Coun- cil Proceedings for 2015. Upon motion the document was re- ceived, filed and ap- proved. 34. Mediacom Com- munications Company: Correspondence from Lee Grassley, Senior Manager of Govern- ment Relations for Mediacom Communi- cations Company, in- forming the City of rate adjustments being im- plemented on or about January 3, 2017. Upon motion the documents were received and filed. 35. Alcohol Compli- ance Civil Penalty for Alcohol License Holder - Casey's General Store #3473: City Manager recommending appro- ager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the docu- ments were received and filed and Resolu- tion No. 433-16 Approv- ing applications for beer, liquor, and/or wine permits, as re- quired by City of Dubu- que Code of Ordinan- ces Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Li- censes 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 indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Res - rick. Motion carried 6-0. 1. Voluntary Annexa- tion - William and Janet Siegert - Old Highway Road: City Manager recommending setting a public hearing for January 17, 2017, on the voluntary annexa- tion request of William and Janet Siegert for five acres of property they own located be- tween Old Highway Road and US Highway 20/Dodge Street, sub- mitted concurrently with an application to rezone the property. Upon motion the docu- ments were received and filed and Resolu- tion No. 434-16 Setting a public hearing on an application for volunta- ry annexation of terri- tory to the City of Du- buque, Iowa was adopted setting a pub- lic hearing for a meet- ing to commence at 6:00 p.m. on January 17, 2017 in the Historic Federal Building. BOARDS/ COMMISSIONS The City Council re- viewed applications to the following Boards and Commissions. Ap- plicants were invited to address the City Coun- cil regarding their ap- pointment. 1. Housing Code Ap- peals Board: One, 3- year term through Jan- uary 11, 2020 (Expiring term of Young). Appli- cant: David Young, 420 Burch St. 2. Resilient Communi- ty Advisory Commis- sion: Nine, 3-year terms through July 1, 2019. Three, 3-year terms through July 1, 2019 (Cross Represen- tation Appointments): Six, 3-year terms through July 1, 2019 (At -Large Appoint- ments). Sara Booth, 2015 Chaney Rd.; Ben- jamin Darr, 419 Winona St.; Dean Boles, 1715 Geraldine Dr.; Steven Drahozal, 683 W. llth St.; Stephanie Grutz, 6176 Centura Ct.; Nich- olas Huff, 3075 Olde Country Ct.; Robin Kennicker, 2929 Elm St.; Carrie Lohrmann, 1879 Denver Dr. ; Jared McGovern, 755 Chest- nut St.; Mike Muench, 2805 Jackson St.; Kate Parks, 486 Clarke Dr.; Sergio Perez, 1325 Cox St.; Laura Roussel], 3224 Bittersweet; Rich Russell, 2045 Embassy West Dr.; Paul Schultz, 1008 Victoria St.; Leah Specht, 3248 Bitter- sweet Ln. Ms. Booth, Mr. Darr, Mr. Boles, Mr. Darhozal, Ms. Grutz, Mr. Huff, Ms. Ken - nicker, Ms. Lohrmann, Ms. Rousell, Mr. Schultz, and Ms. Specht all spoke in support of their re- spective appointments and provided brief bi- ographies. Appointments were made to the following Boards/Commissions. 3: Catfish Creek Wa- tershed Management Authority: Two, 4-year terms through July 16, 2020 (Expired terms of Giannakouros and Hoyer). Applicants: Steve Drahozal, 683 W. llth St.; Neal Patten, 768 Nevada St. Motion by Connors to appoint Mr. Drahozal and Mr. Patten to 4-year terms through July 16, 2020. Seconded by Jones. Motion carried 6-0. 4. Human Rights Com- mission: One, 3-year -term through [cor- rected term date of January 1, 2020]. (Ex- piring term of Jack- son). Applicant: Miguel Jackson, 2130 Wood- land Dr. Motion' by Jones to appoint Mr. Jackson to a 3-year term through [January 1, 2020]. Seconded by Lynch. Motion carried 6-0. 5. Mediacom Charita- ble Foundation (Ap- pointment): One, 1- year term through De- cember 31, 2017 (Expir- ing term of Chave- nelle). Applicant: Gail Chavenelle, 1155 Kelly Ln. Motion by Connors to appoint Ms. Chave- sues. Christine Darr, 419 Winona St., spoke in support of a source of income ban. Evelyn Nadeau, 663 Fenelon PI., spoke sup- port of a source of in- come ban. Brian Enabnit, 105 So. Grandview Ave. spoke in opposition to a source of income ban. Matthew Zanger, 261Southgate Dr., spoke in support of a source of income ban. Jan Schmitt, 11898 JFK Rd., addressed the source of income issue and spoke about land- lords not offering hous- ing choice vouchers for high -end units and ex- pressed her belief that tenants can only live where they can afford to live. Jay Wickham, Dubu- que County Supervisor, spoke in opposition to Action Item #1 Central Iowa Water Associa- tion Settlement Agree- ment and Asset Pur- chase Agreement. ACTION ITEMS 1. Central Iowa Water Association (CIWA) Settlement Agreement and Asset Purchase Agreement: Assistant City Attorney Maureen Quann recommending approval of a Settle- ment Agreement and Asset Purchase Agree- ment with Central Iowa Water Association (CIWA), and the City Manager is recom- mending the financing strategy. Motion by Jones to receive and file the documents and adopt Resolution No. 436-16 Approving a Settlement Agreement between Central Iowa Water Association and the City of Dubuque for water supply, service and territory, and ac- cepting the Deeds to certain real estate in Dubuque County, Iowa from Central Iowa Wa- ter Association. Sec- onded by Connors. Ms. Quann provided a pre- sentation on the back- ground information and subsequent nego- tiations with CIWA. City Manager Van Milligen provided infor- mation on financing strategy. Ms. Quann, Mr. Van Milligen and Planning Services Man- ager Laura Carstens responded to questions from the City Council regarding the City's annexation history and process, growing the city's population, the potential impact on the Southwest Arterial project, debt reduction policy and water utility rates. Motion carried 6- 0 with Del Toro's "pres- ent" vote counting on the prevailing side. 2. Declaration of Offi- cial Intent to Reim- burse Expenses - Fiscal Year 2016 Water Proj- ects: City Manager rec- ommending approval of the Declaration of Official Intent Resolu- tion for the acquisition of Central Iowa Water Association water sys- tem, construction of English Mill Pump Sta- tion, and water main extension and im- provements. Motion by Connors to receive and file the documents and adopt Resolution No. 437-16 Declaring an Of- ficial Intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expen- ditures paid in connec- tion with the Fiscal Year 2017 Water Proj- ects. Seconded by Jones. Motion carried 6-0. 3. Greater Dubuque Development Corpora- tion - Quarterly Up- date: President and CEO Rick Dickinson presented the quarter- ly update on the activi- ties of the Greater Du- buque Development Corporation. Topics in- cluded: Recognition by Mid -America Economic Development Council as the Best of the Best in business retention and expansion, work- force solutions pro- gram, and the Deal of the Year in a 10-state region for the recent solar array develop- ment in collaboration with the City of Dubu- que, Alliant Energy, and A.Y McDonald Cor- poration. Mr. Dickinson announced the funding campaign kickoff in March 2017 for operat- ing funding of GDDC programs for 2017- 2022. Motion by Lynch tor receive and file the information. Seconded by Jones. Motion car- ried 6-0. 4. Five Flags Civic Center Quarterly Re- port: SMG Regional General Manager HR Cook presented the quarterly report on the Five Flags Civic Center. Topics included Fiscal Year 2017 operating expenses and operat- ing revenue, notable documents and adopt Resolution No. 435-16 Approving the Final Plat of Timber-Hyrst Estate #5 in the City of Dubuque, Iowa. Sec- onded by Connors. Mo- tion carried 6-0. 6. Request for Work Session - Dubuque Area Convention and Visitors Bureau: Dubu- que Area Convention & Visitors Bureau Presi- dent & CEO Keith Rahe requesting the City Council schedule the CVB budget work ses- sion for February 6, 2017, at 5:30 p.m. Mo- tion by Jones to receive and file the documents and set the work ses- sion as requested. Seconded by Connors. Motion carried 6-0. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:46 p.m. to dis- cuss pending litigation and real estate trans- fer negotiations pur- suant to Chapter 21.5(1)(c), -(j) Code of Iowa. Mayor Buol stat- ed for the record that the attorney who will consult with City Coun- cil on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Seconded by Connors. Motion carried 6-0. Upon motion, the City Council reconvened in open session at 9:18 p.m. stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 9:19 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk It 12/28 Commission oif-T717 apPruva LU a Long Range Planning purchase agreement Advisory Commission for the acquisition of of 11/17; Zoning Board 411 E. 15th Street to re - of Adjustment of 11/17; flect the sharing of Proof of Publication for costs associated with City Council Proceed- the environmental ings of 11/21, 11/28. cleanup required for Upon motion the docu- the City's intended use ments were received of the property. Upon and filed. motion the documents 2. Notice of Claims were received and filed and Suits: Elizabeth and Resolution No. 416- Hass for personal in- 16 Amending the Pur- jury. Upon motion the chase Agreement for documents were re- the Acquisition of real ceived, filed and refer- estate owned by Blum red to the City Attor- Properties, Inc. in the City of Dubuque and ney. 3. Disposition of authorizing application Claims: City Attorney for U.S. EPA Brownfield and approved. advising, that the fol- Cleanup Grant Funding lowing claims have for the real estate was 15.cation ICAf P Grant Appli- been referred to Public adopted. Entity Risk Services of 10. Kennedy Road Avenue and University Iowa, the agent for the Right -of -Way Acquisi- Avenue Roundabout Iowa Communities As- tion (Gilbert Merritt): Project: City Manager surance Pool: Elizabeth City Manager reco f ecommezationndingsuGuth r- Hass for personal in- mending approval jury;n oMichael Jelinske; estate ownednbyfLaw- Clean at Air Attainment for vehicle m damage; Alison Schmitt or vehi- alongthGilbert Merritt Kennedy to assi t withl fundingna cle damage. Upon mo-s aRlong North tion the documents Road right-of-way to proposed Grand - were received, filed clean up the City boun- view Avenue and Uni- dary and facilitate and concurred. eco- versity Ave nue Round- 4. Jule Transit Annual nomic development about Intersection im- Report: City Manager projects in the area. provement. Upon mo- transmitting the Fiscal Upon motion the docu- tion the documents Year 2016 Jule Transit ments were received were received and filed Annual Report and and filed and Resolua1nd Resolutiong No. 21- f l- highlights of operating tion No. 417-16 Approv- the statistics. Upon motion ing the acquisition of ing of a grant applica- the documents were real estate owned by tion with the Iowa De - received and filed. Lawrence Merritt from partment of Transpor- 5. Winter Reminders his heirs Virginia tation for an Iowa Brochure: City Manag- Jahnke, Madonna Mer- Clean Air Attainment er submitting the Win- ritt, Carol Nesteby, and Program (ICAAP) Grant ter Reminders public Juanita Schlarmann for Northh Grandview of DDu Avee information brochure. was adopted. Upon motion the docu- 11. Pre -Annexation nue and University In - and ments were received ARidge Estates, LLC: City to section reement - Timber Avenue Roundabout Improve- 6.and filed. Sky Blue Estates - ing apprecommend- of a Pre- ment 16. Valent neePark - meatStormwaterCity Manager ing approval ment: City Manager Annexation Agreement Fiscal Year 2017 REAP transmitting informa- with Timber Ridge Es- Grant Agreement City tion relating to the tates, LLC, in conjunc- Managerend- stormwater manage- tion with a request for ing approval of he ment issues that arose approval of the Final FY2017 Resource En- during construction of Plat of Timber Ridge hancement and Protec- the first phase of the Estates. Upon motion tion (REAP) Grant Sky Blue Estates Subdi- the documents were Agreement with the lo- vision and outlining received and filed and wa Department of Nat - steps taken to address Resolution No. 418-16 ural Resources for the the issues and prevent Pre -Annexation Agree- Valentine Park Expan- repeating them as a re- ment between the City sion Roepsch Proper - Branch Watershed Flood Mitigation Proj- ect: City Manager rec- ommending authoriza- tion to release an RFP and enter into contract negotiations with an engineering consulting firm to provide serv- ices as needed for the design, bidding, and construction of the 22nd Street/Kaufmann Avenue Storm Sewer Improvements and the 17th Street/W. Locust Street Storm Sewer Im- provements. Upon mo- tion the documents were received, filed VeSI rai Lei ,a Military Road Recon- ent - 250 South Main struction Project. Upon street: City Manager motion the documents recommending accept- were received and filed ance of a State of Iowa and Resolution No. 423- Land Patent for con- 16 Approving the Coop- veyance of the title for erative Preconstruc- the tract of land locat- tion Funding Agree- ed at 250 South Main ment (Agreement No. Street from the State 2017-16-056) between of Iowa to the City of the City of Dubuque Dubuque. Upon motion and Iowa Department the documents were of Transportation for received and filed and the Southwest Arterial Resolution No. 430-16 - Military Road Recon- Accepting a State Land struction Project was Patent for the convey - adopted. ance of title for the 20. Loras College Us- tract of land located at age Agreement for 250 South Main- Street Petrakis Field: City (Parcel B, located in Manager recommend- Block 14 of Dubuque ing approval of the Us- Harbor Company Addi- age Agreement with tion in the City of Du- Loras College for buque, Dubuque Coun- Petrakis Field. Upon ty, Iowa) from the motion the documents State of Iowa to the were received, filed City of Dubuque was and approved. adopted. 21. Clarke University 30. Acceptance of Fis- Usage Agreement for cal Year 2016 Sewer - Veterans' Memorial shed 5, 7, 11 and 12 ield 2: City Manager Manhole Project: City Ty annexation v, inn, ' 4ib-10 rapt,, wn,y tory to the City of Du- Settlement Agreement it 12/28 buque, Iowa was between Central Iowa adopted setting a pub- Water Association and lic hearing for a meet- the City of Dubuque for ing to commence at water supply, service 6:00 p.m. on January and territory, and ac- 17, 2017 in the Historic cepting the Deeds to Federal Building. certain real estate in BOARDS/ Dubuque County, Iowa COMMISSIONS from Central Iowa Wa- The City Council re- ter Association. Sec - viewed applications to onded by Connors. Ms. the following Boards Quann provided a pre - and Commissions. Ap- sentation on the back- plicants were invited to ground information address the City Coun- and subsequent nego- cil regarding their ap- tiations with CIWA. pointment. City Manager Van 1. Housing Code Ap- Milligen provided infor- peals Board: One, 3- mation on financing year term through Jan- strategy. Ms. Quann, uary 11, 2020 (Expiring Mr. Van Milligen and term of Young). Appli- Planning Services Man - cant: David Young, 420 ager Laura Carstens Burch St. responded to questions 2. Resilient Communi- from the City Council ty Advisory Commis- regarding the City's sion: Nine, 3-year annexation history and terms through July 1, process, growing the 2019. Three, 3-year city's population, the terms through July 1, potential impact on the F recommending appro- Manager recommend- 2019 (Cross Represen- Southwes val of the Usage Agree- ing acceptance of the tation Appointments). project, debt reduction ment with Clarke Uni- public improvement Six, 3-year terms policy and water utility versity for softball field construction contract through July 1, 2019 rates. Motion carried 6- 2 in Veterans' Memori- for the FY16 Sewer- (At -Large Appoint- 0 with Del Toro's "pres- al Park. Upon motion shed 5, 7, 11 and 12 ments). Sara Booth, ent" vote counting on the documents were Manhole Project, as 2015 Chaney Rd.; Ben- the prevailing side. received, filed and ap- completed by Visu- jamin Darr, 419 Winona 2. Declaration of Offi- proved. Sewer Inc. Upon mo- St.; Dean Boles, 1715 cial Intent to Reim- 22. I -Net User Agree- tion the documents Geraldine Dr.; Steven burse Expenses - Fiscal ments with Loras Col- were received and filed Drahozal, 683 W. llth Year 2016 Water Proj- lege and Clarke Univer- and Resolution No. 431- St.; Stephanie Grutz, ects: City Manager rec- sity: City Manager rec- 16 Authorizing the FY16 6176 Centura Ct.; Nich- ommending approval ommending approval Sewershed 5, 7, 11 & 12 olas Huff, 3075 Olde of the Declaration of for the City Manager to Manhole Project and Country Ct.; Robin Official Intent Resolu- execute I -Net Agree- authorizing the pay- Kennicker, 2929 Elm tion for the acquisition ments with Loras Col- ment to the contractor St.; Carrie Denver Lohrmann, r. Jared Association Iowa water Water lege and Clarke Univer- was adopted. sity to connect the two 31. Acceptance of Fis- McGovern, 755 Chest- tem, construction of campuses using Dubu- cal Year 2016 CIPP San- nut St.; Mike Muench, English Mill Pump Sta- que's I -Net. Upon mo- itary Sewer Lining Proj- 2805 Jackson St.; Kate tion, and water main tion the documents ect: City Manager rec- Parks, 486 Clarke Dr.; extension and im- were received, filed ommending accept- Sergio Perez, 1325 Cox provements. Motion by and approved. ance of the public im- St.; Laura Roussell, Connors to receive and 23. Weaver Castle, provement construe- 3224 Bittersweet Rich file the documents and LLC - Third Amend- tion contract for the Russell, 2045 Embassy adopt Resolution No. ment to Development FY16 (CIPP) Sanitary West Dr.; Paul Schultz, 437-16 Declaring an Of - Agreement for 346-348 Sewer Lining Project, 1008 Victoria St.; Leah ficial Intent under West Locust Street: as completed by SAK Specht, 3248 Bitter- Treasury Regulation City Manager recom- Construction. Upon sweet Ln. Ms. Booth, 1.150-2 to issue debt to mending approval of mo-tion the documents Mr. Darr, Mr. Boles, Mr. reimburse the City for the Third Amendment were received and filed Darhozal, Ms. Grutz, certain original expen- to the Development and Resolution No. 432- Mr. Huff, Ms. Ken- ditures paid in connec- Agreement with Wea- 16 Accepting the FY16 nicker, Ms. Lohrmann, tion with the Fiscal ver Castle, LLC for the Sanitary Sewer Cured- Ms. Rousell, Mr. Year 2017 Water Proj- redevelopment of in -Place Pipe (CIPP) Schultz, and Ms. ects. Seconded by property at 346-348 Lining Project and au- Specht all spoke in Jones. Motion carried West Locust Street. thorizing the payment support of their re- 6-0. Upon motion the docu- to the contractor was and provide ed appointments bi- Development Greater pmeer Dubuque ments were received adopted. Dev a Quarterly pora- and filed and Resolu- 32. Civil Service Com- ographies. Up- tion No. 424-16 Approv- mission - Certified Appointments were date: President' and ing the Third Amend- Lists: Civil Service made to the following CEO Rick Dickinson ment to the Develop- Commission submit- Boards/Commissions. presented the quarter- ment Agreement be- ting the Certified Lists 3: Catfish Creek Wa- ly update on the activi- tween the City of Du- for the positions of Ac- tershed Management ties of the Greater Du- buque, Iowa and Wea- count Clerk I, Water Authority: Two, 4-year buque Development ver Castle, LLC was Meter Repairworker I, terms through July 16, Corporation. Topics in - adopted. Urban Forester, and 2020 (Expired terms of cluded: Recognition by 24. Acceptance of the re -certified list for Giannakouros and De velopment t Economic Council 2016 Asphalt Overlay the position of Inspec- Hoyer). Applicants: Access Ramp Project tor II. Upon motion the Steve Drahozal, 683 W. as the Best of the Best Two: City Manager rec- documents were re- llth St.; Neal Patten, in business retention ommending accept- ceived, filed and made 768 Nevada St. Motion and expansion, work- ance of the construc- a Matter of Record. by Connors to appoint force solutions pro- tion contract for the 33. City Council 2015 Mr. Drahozal and Mr. gram, and the Deal of 2016 Asphalt Overlay Official Proceedings: Patten to 4-year terms the Year in a 10-state Access Ramp Project City Clerk submitting through July 16, 2020. region for the recent Two as completed by the Official City Coun- Seconded by Jones. solar array develop - Midwest Concrete. cil Proceedings for Motion carried 6-0. ment in collaboration Upon motion the docu- 2015. Upon motion the 4. Human Rights Com- with the ue, City of EnDubu- ments were received document was re- meanon: One, 3 yea[corr and A.Y Alliant McDonald Coy, and filed and-1Resolu- proved filed and ap-rented term date of poration. Mr. Dickinson the 201 6 AsphaltAccept- proved. the ing y p34.iMediacom Com- January term ofJack- campaigns kckoffdi in Overlayect AccesswoRamps muCorrespondence and Company:efrm piring Project Two and au- Correspondence from son). Applicant: Miguel March 2017 for operat- thorizing the payment L G assley Senior Jackson 2130 Wood- ing programsnding of GDDC of the contract amount to the contractor was adopted. 25. Acceptance of 2016 Asphalt Overlay Access Ramp Project Three: City Manager recommending accept- ance of the construc- tion contract for the 2016 Asphalt Overlay Access Ramp Project Three as completed by Midwest Concrete. Upon motion the docu- ments were received and filed and Resolu- tion No. 426-16 Accept- ing the 2016 Asphalt Overlay Access Ramps Project Three and au- thorizing the payment of the contract amount to the contractor was adopted. 26. Acceptance of Per- manent Easement for Storm Sewer at 545 Vil- la Street: City Manager recommending accept- ance of a Grant of Per- manent Easement for Store #3473: City Man- presented a citizen pe- Storm Sewer from ager recommending tition in opposition to Bradley and Ann Palz- approval of the the ban. kill over a portion of cknowledgement/Set- Tom Priebe, Sr., 14928 their property at 545 tlement Agreement for Old Highway Rd., and Villa Street that will fa- a tobacco compliance Leisure Services sea- cilitate the construe- violation for Casey's sonal employee, ex- tion and on -going General Store #3473, pressed his concerns maintenance of the 1072 Cedar Cross Road. about what he believes Storm Sewer Utility, Upon motion the docu- are unsafe working which the City of Dubu- ments were received, conditions at the Flora que will own and main- filed and approved. Park maintenance tain. ve documents on motion were theeApplications: 37. Cityl cense Man- building histhealthas- ee r for 2017- , Manager of Govern -land ment Relations for Jones to appoint Mr. 2022. Motion by Lynch Mediacom Communi- Jackson to a 3-year tor receive and file the cations Company, in- term through [January information. Seconded forming the City of rate 1, 2020]. Seconded by by Jones. Motion car - adjustments being im- Lynch. Motion carried ried46-01Ve Flags Civic plemented on or about 6-0. January 3, 2017. Upon 5. Mediacom Charita- Center Quarterly Re- motion the documents ble Foundation (Ap- port: SMG Regional were received and yterm): One, 1- through De- CookralManaepresentedr HR filed. yearthe 35. Alcohol Compli- cember 31, 2017 (Expir- quarterly report on the ance Civil Penalty for ing term of Chave- Five Flags Civic Center. Alcohol License Holder nelle). Applicant: Gail Topics included Fiscal - Casey's General Store Chavenelle, 1155 Kelly Year 2017 operating erat- recom City Manager to apption oint by Connors ing expenses revenue, notable recommending appro-pP ledgment/Settlement through December e val of the Acknow- nelle to a 1-year 31, launch websiterm events, new with links Agreement for an alco- 2017. Seconded by Del partnering organiza- hol compliance viola- Toro. Motion carried 6-0. tions, and , capital tion for Casey's Gener- PUBLIC INPUT initiatives. Motion by al Store 30 Connors to receive and Cedar Cross Road. Locust Carol, 1072 Copland pspeaki3ngon file the documents. Re - Upon motion the docu- behalf of the Dubuque sponding to questions ments were received, Landlord Association from the City Council, filed and approved. and the East Central lo- Mr. Cook explained the 36. Tobacco Compli- wa Association of Real- types of events caus- ance - Civil Penalty for tors spoke in opposi- ing the increase in rev - Tobacco License Hold- tion to a source of in- enue, and City Manag- er - Casey's General come ordinance and er Van Milligen stated that Five Flags is al- ready on the list for use as an emergency shelter. Seconded by Jones. Motion carried 6-0. 5. Final Plat of Timber-Hyrst Estates #5: City Manager rec- ommending approval of the Final Plat of Timber-Hyrst Estates #5. Motion by Jones to receive and file the