Proof of Publication_City Council Proceedings 9 6 16STATE 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 14, 2016, and for which the charge is $329.41.
Subscribed to before me, a A otary Public in and for Dubuque County, Iowa,
this c•Qo day ,.�") , 20 /.
Notary Public in and for Dubuque County, Iowa.
A ARY K. W STERMEYER
Commission Number 154885
My Comm, czn, FEB. 1, 2017
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:00 p.m. on
September 6, 2016 in
the Historic Federal
Building, 350 W. 6th
Street.
Present: Mayor Buol;
Council Members Con-
nors, Del Toro, Jones,
Lynch, Resnick, Rios;
City Manager Van
Milligen (Joined at 6:24
p.m.) Assistant City
Manager Cindy Stein-
hauser, City Attorney
Lindahl
Mayor Buol read the
call and stated this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the City
Council.
PLEDGE OF
ALLEGIANCE
SWEARING IN
1. Mayor Buol admin-
istered the Oath of Of-
fice to Mayor Pro-Tem
Kevin Lynch.
PROCLAMATION(S)
1. Kayla Banwarth
Day (August 25, 2016)
was read by Mayor
Buol having presented
the original to Ms.
Banwarth at a previous
event.
2. Days of Peace and
Ceasefire (September
13-25, 2016) was ac-
cepted by Days of
Peace • Committee
Members R.R.S. Stew-
art and Evelyn Nadeau.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Del Toro.
Motion carried 7-0.
1. Minutes and Re-
ports Submitted: City.
Council Proceedings of
8/15, 8/30;. Community
Development Advisory
Commission of 8/16; Li-
brary Board of Trust-
ees Update #151 of
7/28; Transit Advisory
Board of 8/11; Proof of
Publication for City
Council Proceedings of
8/1, 8/2, 8/3, 8/4 and
8/15; Proof of Publica-
tion for List of claims
and Summary of Reve-
nues for Month Ending
7/11. Upon motion the
documents were re-
ceived and filed.
2. Notice of Claims
and Suits: Barbara Kel-
ly for vehicle damage;
Newel Marcov for vehi-
cle damage; and James
Weitz for property
damage. Upon motion
the documents were
received, filed and re-
ferred 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: Barbara
Kelly for vehicle dam-
age; Newel Marcov for
vehicle damage; and
James Weitz for prop-
erty damage. Upon mo-
tion the documents
were received, filed
and concurred.
4. Government Fi-
nance Officers Associ-
ation (GFOA) Certifi-
cate of Achievement
for Excellence in Finan-
cial Reporting: City
Manager transmitting
the 28th consecutive
Certificate of Achieve-
ment for Excellence in
Financial Reporting
from the Government
Finance Officers Asso-
ciation (GFOA) for Fis-
cal Year ended June 30,
2015. Upon motion the
documents were re-
ceived and filed.
5. Ermina Soler
Named Wonder Wom-
en: Heroines of Dubu-
que by Girl Scouts of
Eastern Iowa and
Western Illinois: Corre-
spondence from the
Girl Scouts of Eastern
Iowa and Western Illi-
nois honoring Circles
Coordinator Ermina
Soler with the Wonder
Women - Heroines of
Dubuque Award. Upon
motion the documents
were received and
filed.
6. Dubuque Jaycees
2017 Fireworks Re-
quest: Correspondence
from Thomas Parsley,
General Manager for
Radio Dubuque, in
partnership with the
Dubuque Jaycees re-
questing approval to
conduct a fireworks
display on Sunday, July
3, 2017 from 9:00 p.m.
to 10:30 p.m. on Volun-
teer Road between
Hawthorne and Lime
Streets with a rain date
of July 4. Upon motion
the documents were
received, filed and ap-
proved.
7. Appointment to
Housing Trust Fund
Committee: Housing
Commission recom-
mending approval to
appoint Commissioner
Dorothy Schwendinger
as the Commission's
representative on the
Housing Trust Fund
Committee. Upon mo-
tion the documents
were received, filed
and approved.
8. Workers' Compen-
sation Settlement for
James Hoerner: City
Attorney recommend-
ing approval of an
Agreement for Settle-
ment regarding a
Workers' Compensa-
tion claim that was
filed against the City of
Dubuque by James
Hoerner. Upon motion
the documents were
received, filed and ap-
proved.
9. Zaber v. City of Du -
Le : al Notices.
buque: City Attorney
transmitting the Court
ruling from Zaber S
City of Dubuque order-
ing the distribution of
unclaimed funds from
the settlement account
to four charitable or-
ganizations and re-
questing authorization
for the City Attorney's
Office to take such ac-
tion as may be appro-
priate to seek review
of the ruling by the Io-
wa Appellate Courts.
Upon motion the docu-
ments were received,
filed and approved.
10. Iowa DOT Funding
Agreement - NW Arte-
rial and Chavenelle
Road Left Turn Lane
Improvements: City
Manager recommend-
ing approval for the
Mayor to execute a
Funding Agreement
with the Iowa Depart-
ment of Transportation
for an Urban -State
Traffic Engineering
Program (U-STEP)
grant to assist with the
construction of pro-
posed left turn lane im-
provements at the in-
tersection of the North-
west Arterial and Cha-
venelle Road. Upon
motion the documents
were received and filed
and Resolution No. 306-
16 Approving a Funding
Agreement (No. 6-16-
USTEP-15) with the Io-
wa Department of
Transportation for an
Urban -State Traffic En-
gineering Program (U-
STEP) Grant to assist
with the construction
of proposed left turn
lane improvements at
the intersection of
Northwest Arterial and
Chavenelle Road was
adopted.
11. Retitling of Posi-
tion - Public Works
Truck Driver to Utility
Worker: City Manager
recommending appro-
val to retitle the posi-
tion of Truck Driver to
Utility Worker in the
Public Works Depart-
ment. Upon motion the
documents were re-
ceived, filed and ap-
proved.
12. Public Works -
Change in Equipment
Operator Position: City
Manager recommend-
ing approval to create
one additional Landfill
Equipment Operator
position and eliminate
one Equipment Opera-
tor II position in the
Public Works Depart-
ment. Upon motion the
documents were re-
ceived, filed and ap-
proved.
13. Pre -Annexation
Agreement - TeKippe:
City Manager recom-
mending approval of a
Pre -Annexation Agree-
ment with Kenneth J.
and Marlene TeKippe,
property owners of Lot
9 in Twin Ridge Subdi-
vision No. #4. Upon
motion the documents
were received and filed
and Resolution No. 307-
16 Approving a Pre -
Annexation Agreement
between the City of
Dubuque, Iowa and
Kenneth J. and Marlene
TeKippe was adopted.
14. Pre -Annexation
Agreement - Hardwood
Flooring Services, Inc.:
City Manager recom-
mending approval of a
Pre -Annexation Agree-
ment with Hardwood
Flooring Services, Inc.,
proper owner of 10638
Key West Drive. Upon
motion the documents
were received and filed
and Resolution No. 308-
16 Approving a Pre -
annexation Agreement
between the City of
Dubuque, Iowa and
Hardwood Flooring
Services, Inc. was
adopted.
15. Purchase of Serv-
ices Grant - Four
Mounds HEART Pro-
gram: City Manager
recommending appro-
val of a Community De-
velopment Block Grant
Agreement with Four
Mounds HEART Pro-
gram for Fiscal Year
2017 to provide youth
education and training
opportunities. Upon
motion the documents
were received, filed
and approved.
16. Tri-State Occupa-
tional Health Agree-
ment Amendment: City
Manager recommend-
ing approval of an
Amendment to the
Agreement between
Tri-State Occupational
Health, L.L.C. and the
City of Dubuque for
case management ser-
vices for workers com-
pensation claims and
Police and Fire job re-
lated injuries and ill-
nesses. Upon motion
the documents were
received, filed and ap-
proved.
17. Childhood Lead
Poisoning Prevention
Programs Contracts
and Subcontracts: City
Manager recommend-
ing approval of a con-
tract with the Dubuque
County Board of Health
and the Iowa Depart -
and Resolution No. 309-
16 Accepting public im-
provements in Felder-
man's Subdivision in
the City of Dubuque,
Iowa was adopted.
19. Pebble Cove Sub-
division and Pebble
Cove #2 Subdivision -
Acceptance of Im-
provements: City Man-
ager recommending
acceptance of the pub-
lic improvements that
the developer, Kivia-
han Farms L.C., has re-
cently completed in
Pebble Cove Subdivi-
sion and Pebble Cove
#2 Subdivision. Upon
motion the documents
were received and filed
and Resolution No. 310-
16 Accepting public im-
provements in Pebble
Cove Subdivision and
Pebble Cove #2 Subdi-
vision, in the City of
Dubuque, Iowa was
adopted.
20. 2016 Asphalt Over-
lay Access Ramp Proj-
ect Two Award: City
Manager recommend-
ing the award for the
2016 Asphalt Overlay
Access Ramp Project
Two be officially re-
corded in the minutes
of the City Council.
Upon motion the docu-
ments were received,
filed and made a Mat-
ter of Record.
21. 2016 Asphalt Over-
lay Access Ramps Proj-
ect Three Award: City
Manager recommend-
ing that the award for
the 2016 Asphalt Over-
lay Access Ramp Proj-
ect Three be officially
recorded in the mi-
nutes of the City Coun-
cil. Upon motion the
documents were re-
ceived, filed and made
a Matter of Record.
22. AECOM Technical
Services, Inc. - SW Ar-
terial Supplemental
Agreement No. 17: City
Manager recommend-
ing authorization to ex-
ecute a supplemental
agreement with
AECOM Technical Serv-
ices, Inc., subject to the
concurrence of the Io-
wa Department of
Transportation, which
approves revisions to
the original scope of
services to the Consul-
tant Professional Serv-
ices Contract to com-
plete the final engi-
neering design phase
of the Southwest Arte-
rial. Upon motion the
documents were re-
ceived and filed and
Resolution No. 311-
16Approving the Con-
sultant Professional
Services -Supplemen-
tal Agreement No. 17
between AECOM Tech-
nical Services, Inc. and
the City of Dubuque for
the completion of final
engineering design
phase of the Southwest
Arterial Project was
adopted.
23. Signed Contracts:
Wenzel Towing Service
Contract Amendment
to FY 2016-2018 Con-
tract. Upon motion the
documents were re-
ceived and filed.
24. Alcohol Compli-
ance Civil Penalty for
Alcohol License Holder
- Buffalo Wild Wings:
City Manager recom-
mending approval of
the Acknowledgment/
Settlement Agreement
for an alcohol compli-
ance violation for Buf-
falo Wild Wings, 2805
Northwest Arterial.
Upon motion the docu-
ments were received,
filed and approved.
25. Alcohol Compli-
ance Civil Penalty for
Alcohol License Holder
- Ron's Discount
Smokes: City Manager
recommending appro-
val of the Acknowledg-
ment/Settlement
Agreement for an alco-
hol compliance viola-
tion for Ron's Discount
Smoke & Beverage
Center #1, 3300 Asbury
Road. Upon motion the
documents were re-
ceived, filed and ap-
proved.
26. Alcohol License
Applications: City Man-
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. 312-16 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 Del
Toro. Motion carried 7-0.
1. NW Arterial and
Chavenelle Road Left
Turn Lane Improve-
ment Project: City
19, 2016 in the Historic
Federal Building.
2. Fiscal Year 2017
First Budget Amend-
ment: City Manager
recommending the first
Fiscal Year 2017 Budg-
et Amendment be set
for public hearing for
September 19, 2016.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 314-16 Setting
the date for the public
hearing on Amendment
No. 1 to the Fiscal Year
2017 Budget for the
City of Dubuque was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:00 p.m. on September
19, 2016 in the Historic
Federal Building.
3. Dubuque Regional
Airport Parking Lot Re-
pair Project 2016: City
Manager recommend-
ing initiation of the
public bidding proce-
dure for the Dubuque
Airport Parking Lot Re-
pair Project 2016, and
further recommends
that a public hearing
be set for September
19, 2016. Upon motion
the documents were
received and filed and
Resolution No. 315-16
Preliminary approval of
plans, specifications,
form of contract, and
estimated cost; setting
date of public hearing
on plans, specifica-
tions, form of contract,
and estimated cost;
and ordering the ad-
vertisement for bids
was adopted setting a
public hearing for a
meeting to commence
at 6:00 p.m. on Septem-
ber 19, 2016 in the His-
toric Federal Building.
4. Lease of Property
to Interstate Power
and Light Company for
Construction of Solar
Array: City Manager
recommending he City
Council set a public
hearing for September
19, 2016, to approve a
lease with Interstate
Power and Light Com-
pany for approximately
21.14 acres of property
recently acquired by
the City of Dubuque
near the Dubuque In-
dustrial Center West
north of Humke Road
and west of Seippel
Road for construction
of a solar array. Upon
motion the documents
were received and filed
and Resolution No. 316-
16 Resolution of Intent
to dispose of an inter-
est in City of Dubuque
owned property by
lease between the City
of Dubuque and Inter-
state Power and Light
Company was adopted
setting a public hear-
ing for a meeting to
commence at 6:00 p.m.
on September 19, 2016
in the Historic Federal
Building.
BOARDS/
COMMISSIONS
Applicants were invit-
ed to address the City
Council regarding their
desire to serve on the
following Boards/Com-
missions.
1. Long Range Plan-
ning Advisory Commis-
sion: One, 3-year term
through July 1, 2017
(Vacant term of
Clements). Applicant:
Ronald Collins, 243 Car-
diff St.
Appointments were
made to the following
Boards/Commissions.
2. Long Range Plan-
ning Advisory Commis-
sion: One, 3-year term
through July 1, 2019
(Vacant term of
Prochaska). Applicant:
Michael Wright, 385
Burch St. Motion by
Connors to appoint Mr.
Wright to a 3-year term
through July 1, 2019.
Seconded by Lynch.
Motion carried 7-0.
3. Transit Advisory
Board: One, 3-year
term through July 30,
2019 (Expired term of
Lohrmann). Applicant:
Carrie Lohrmann, 1879
Denver Dr. Motion by
Jones to appoint Ms.
Lohrmann to a 3-year
term through July 30,
2019. Seconded by
Lynch. Motion carried
7-0.
PUBLIC HEARINGS
1. Removal of Phyll-
rich Drive from Resi-
dential Parking Permit
District H: Proof of
publication on notice
of public hearing to
consider the removal
of Phyllrich Drive from
Residential Parking
Permit District H and
the City Manager rec-
ommending approval.
Motion by Lynch to re-
ceive and file the docu-
ments and that the re-
quirement that a pro-
posed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended. Second-
ed by Resnick. City En-
gineer Gus Psihoyos
responded to questions
from the City Council
regarding changes in
student parking in the
residential area since
the completion of
Flags Center and use it
as a church. Mayor
Buol advised Ms.
Crippes to submit her
proposal to the City
Clerk for submission to
the City Council.
ACTION ITEMS
1. Greater Dubuque
Development Corpora-
tion - Quarterly Up-
date: President and
CEO Rick Dickinson
presented a verbal up-
date on the activities
of the Greater Dubuque
Development Corpora-
tion. Topics included
meeting and exceeding
the goals of the NEXT
Campaign in the areas
of job creation, popula-
tion growth, average
wage, expanding and
developing NEXT Cam-
paign goals beyond
Fiscal Year 2017. Mr.
Dickinson responded to
questions from the City
Council regarding
Moody's Investor Serv-
ice assessments and
predictions for cities
that do not factor in
present and future pro-
grams that may benefit
the city's rating. He
added the GDDC tracks
Moody's reports and
makes inquiries. Mr.
Dickinson also ad-
dressed the analytics
of regional job growth
and how it is impacted
by population growth
and the inability to
break it down by com-
munity. Motion by
Jones to receive and
file the information.
Seconded by Lynch.
Motion carried 7-0.
2. Five Flags Civic
Center Quarterly Re-
port: SMG Regional
General Manager HR
Cook provided the
quarterly report on the
Five Flags Civic Center.
Topics included: a fi-
nancial report, a break-
down of events and at-
tendance, notable
events past and future,
new logo unveiling,
business partnerships,
concession changes
and the addition of a
new, recurring event
for dog owners, "Wags
at Flags" during the
winter months. Motion
by Connors to receive
and file the informa-
tion. Seconded by Jones.
Motion carried 7-0.
3. Cottingham & But-
ler Insurance Services,
Inc. - IEDA Contract:
City Manager recom-
mending approval of a
contract among Cot-
tingham & Butler Insur-
ance Services, Inc., the
City of Dubuque and
the Iowa Economic De-
velopment Authority.
Motion by Lynch to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 317-16 Au-
thorizing the execution
of a Contract for State
Business Financial As-
sistance by and among
Cottingham & Butler
Insurance Services,
Inc., the City of Dubu-
que, Iowa, and the Io-
wa Economic Develop-
ment Authority. Sec-
onded by Connors. Mo-
tion carried 7-0.
4. Rejection of Bids -
Grandview Avenue and
Loras Boulevard and
Grandview Avenue and
University Avenue In-
tersection Improve-
ment Projects: City
Manager recommend-
ing the rejection of the
competitive bid pro-
posals received for the
Grandview Avenue &
Loras Boulevard and
Grandview Avenue &
University Avenue In-
tersection Improve-
ment Project due to the
reconsideration of a
traffic control device
for the intersection im-
provements at Grand-
view Avenue & Univer-
sity Avenue. Motion by
Lynch to receive and
file the documents and
adopt Resolution No.
318-16 Rejecting com-
petitive bid proposals
received for the Grand-
view Avenue & Loras
Boulevard and Grand-
view Avenue & Univer-
sity Avenue Intersec-
tion Improvement Proj-
ect. Seconded by Res-
nick. Motion carried 7-
0. City Manager Van
Milligen and City Engi-
neer Gus Psihoyos re-
sponded to questions
from the City Council
regarding the impact
the change would have
on grant funding, the
impact on current and
future traffic flow from
the recently completed
roundabout. At the re-
quest of City Council,
staff will inquire with
consultants about the
option of a mini/paint-
ed roundabout.
5. Code of Ordinances
Amendment - Title 15
Swimming Pool Regu-
lations: City Manager
recommending appro-
val of a change to Title
14-9-1 of the City of Du-
buque Code of Ordi-
nances redefining the
depth and amending
fencing regulations for
swimming pools to be
consistent with the In-
ternational Property
Maintenance Code.
Motion by Connors to
receive and file the
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended. Sec-
onded by Del Toro. Mo-
tion carried 7-0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 43-16 Amending
City of Dubuque Code
of Ordinances Title 14
Building and Develop-
ment, Chapter 9 Swim-
ming Pools, Sections
14-9-1 Definition and
14-9-4 Fencing Require-
ments to make lan-
guage consistent with
the International Prop-
erty Maintenance Code.
Seconded by Del Toro.
Motion carried 7-0.
6. Traffic Stop Analy-
sis Project: City Man-
ager recommending
approval of a Memo-
randum of Understand-
ing between the City of
Dubuque and St. Am-
brose University to
complete a traffic stop
study in Dubuque. Mo-
tion by Connors to re-
ceive and file the docu-
ments and approve the
recommendation. Sec-
onded by Jones. Police
Chief Mark Dalsing re-
sponded to questions
from the City Council
regarding the qualifica-
tions of St. Ambrose
University, current and
ongoing departmental
intercultural training,
and concerns about
justifying the need for
the analysis versus
putting the funds to-
ward improving the
current system. Motion
carried 6-1 with Del
Toro voting nay.
7. Expansion of Con-
servation District to In-
clude 553 E. 14th
Street: City Manager
recommending appro-
val of the expansion of
the Washington Neigh-
borhood Conservation
District to include 553
E. 14th Street. Motion
by Connors to consider
the first reading of a
proposed ordinance
amending Title 16 of
the City of Dubuque
Code of Ordinances;
Unified Development
Code, by amending Ar-
ticle 10-11-A-4 pertain-
ing to expansion of the
Washington Street
Neighborhood Conser-
vation District. Motion
failed for lack of a sec-
ond.
Motion by Resnick to
table to October 17,
2016. Seconded by Del
Toro. Motion carried 5-
2 with Buol and Jones
voting nay.
8. Building Conditions
Report for Property at
3000 Jackson Street:
Building Services Man-
ager Todd Carr, Assis-
tant City Attorney
Maureen Quann, Assis-
tant City Attorney
Crenna Brumwell and
Planning Services Man-
ager Laura Carstens
presented a Building
Conditions Report for
property at 3000 Jack-
son Street, a portion of
the former Dubuque
Brewing and Malting
Company complex
(a/k/a H&W Building).
Topics included histori-
cal background, code
enforcements and
timelines by City de-
partments, court en-
forcement and time-
lines by City Attorney's
Office, response to July
21, 2016 partial build-
ing collapse, work plan
to remove threat to
public safety, and over-
view of the City's code
enforcement tools.
Staff and the City Man-
ager responded to
questions from the City
Council regarding the
imminent threat of
public safety, compari-
sons to other preserva-
tion projects, proper-
ty/business insurance,
and options the prop-
erty owner has for the
future of the building.
Staff will provide up-
dates to the City Coun-
cil on the safety issue
and any changes in the
disposition of the prop-
erty. Motion by Con-
nors to receive and file
the documents. Sec-
onded by Lynch. Mo-
tion carried 7-0.
COUNCIL MEMBER
REPORTS
Mayor Buol invited
citizens to the State of
the City Address at
7 p.m. on Thursday,
September 8, 2016 in
the City Council Cham-
bers, 350 W. 6th Street
(second floor). The Ad-
dress will be broadcast
on cable channel 8 and
digital 117.2.
There being no fur-
ther business, upon
motion the City Council
adjourned at 9:21 p.m.
/s/Kevin S. Firnstahl,
CMC, City Clerk
1t 9/14
Board of 8/ll; P nVI
Publication for City
Council Proceedings of
8/1, 8/2, 8/3, 8/4 and
8/15; Proof of Publica-
tion for List of claims
and Summary of Reve-
nues for Month Ending
7/11. Upon motion the
documents were re-
ceived and filed.
2. Notice of Claims
and Suits: Barbara Kel-
ly for vehicle damage;
Newel Marcov for vehi-
cle damage; and James
Weitz for property
damage. Upon motion
the documents were
received, filed and re-
ferred 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
Dorothy Scnwendinger
as the Commission's
representative on the
Housing Trust Fund
Committee. Upon mo-
tion the documents
were received, filed
and approved.
8. Workers' Compen-
sation Settlement for
James Hoerner: City
Attorney recommend-
ing approval of an
Agreement for Settle-
ment regarding a
Workers' Compensa-
tion claim that was
filed against the City of
Dubuque by James
Hoerner. Upon motion
the documents were
received, filed and ap-
proved.
9. Zaber v. City of Du-
IlICIIL. UIJUII II IULIUII 1ne
documents were re-
ceived, filed and ap-
proved.
12. Public Works -
Change in Equipment
Operator Position: City
Manager recommend-
ing approval to create
one additional Landfill
Equipment Operator
position and eliminate
one Equipment Opera-
tor 11 position in the
Public Works Depart-
ment. Upon motion the
documents were re-
ceived, filed and ap-
proved.
13. Pre -Annexation
Agreement - TeKippe:
City Manager recom-
mending approval of a
Pre -Annexation Agree-
ment with Kenneth 1.
and Marlene TeKippe,
property owners of Lot
9 in Twin Ridge Subdi-
vision No. #4. Upon
motion the documents
were received and filed
and Resolution No. 307-
16 Approving a Pre -
Annexation Agreement
between the City of
Dubuque, Iowa and
Kenneth 1. and Marlene
TeKippe was adopted.
14. Pre -Annexation
Agreement - Hardwood
Flooring Services, Inc.:
City Manager recom-
mending approval of a
Pre -Annexation Agree-
ment with Hardwood
Flooring Services, Inc.,
proper owner of 10638
Key West Drive. Upon
motion the documents
were received and filed
and Resolution No. 308-
16 Approving a Pre -
annexation Agreement
between the City of
Dubuque, Iowa and
Hardwood Flooring
Services, Inc. was
adopted.
15. Purchase of Serv-
ices Grant - Four
Mounds HEART Pro-
gram: City Manager
recommending appro-
val of a Community De-
velopment Block Grant
Agreement with Four
Mounds HEART Pro-
gram for Fiscal Year
2017 to provide youth
education and training
opportunities. Upon
motion the documents
were received, filed
and approved.
16. Tri-State Occupa-
tional Health Agree-
ment Amendment: City
Manager recommend-
ing approval of an
Amendment to the
Agreement between
Tri-State Occupational
Health, L.L.C. and the
City of Dubuque for
case management ser-
vices for. workers com-
pensation claims and
Police and Fire job re-
lated injuries and ill-
nesses. Upon motion
the documents were
received, filed and ap-
proved.
17. Childhood Lead
Poisoning Prevention
Programs Contracts
and Subcontracts: City
Manager recommend-
ing approval of a con-
tract with the Dubuque
County Board of Health
and the Iowa Depart-
ment of Public Health
for continued funding
of the Childhood Lead
Poisoning Prevention
Program, and a re-
newed agreement with
the Visiting Nurse As-
sociation for services
related to the Child-
hood Lead Poisoning
Prevention Program
and Healthy Homes
Program. Upon motion
the documents were
received, filed and ap-
proved.
18. Felderman's Sub-
division - Acceptance
of Improvements: City
Manager recommend-
ing acceptance of the
public improvements
that the developer, Ar-
boretum Development
LLC, has recently com-
pleted in Felderman's
Subdivision. Upon mo-
tion the documents
were received and filed
1 1 QI ICEIUT CQLIUI I, W 1111.1I
approves revisions to
the original scope of
services to the Consul-
tant Professional Serv-
ices Contract to com-
plete the final engi-
neering design phase
of the Southwest Arte-
rial. Upon motion the
documents were re-
ceived and filed and
Resolution No. 311-
16Approving the Con-
sultant Professional
Services -Supplemen-
tal Agreement No. 17
between AECOM Tech-
nical Services, Inc. and
the City of Dubuque for
the completion of final
engineering design
phase of the Southwest
Arterial Project was
adopted.
23. Signed Contracts:
Wenzel Towing Service
Contract Amendment
to FY 2016-2018 Con-
tract. Upon motion the
documents were re-
ceived and filed.
24. Alcohol Compli-
ance Civil Penalty for
Alcohol License Holder
- Buffalo Wild Wings:
City Manager recom-
mending approval of
the Acknowledgment/
Settlement Agreement
for an alcohol compli-
ance violation for Buf-
falo Wild Wings, 2805
Northwest Arterial.
Upon motion the docu-
ments were received,
filed and approved.
25. Alcohol Compli-
ance Civil Penalty for
Alcohol License Holder
- Ron's Discount
Smokes: City Manager
recommending appro-
val of the Acknowledg-
ment/Settlement
Agreement for an alco-
hol compliance viola-
tion for Ron's Discount
Smoke & Beverage
Center #1, 3300 Asbury
Road. Upon motion the
documents were re-
ceived, filed and ap-
proved.
26. Alcohol License
Applications: City Man-
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. 312-16 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 Del
Toro. Motion carried 7-0.
1. NW Arterial and
Chavenelle Road Left
Turn Lane Improve-
ment Project: City
Manager recommend-
ing initiation of the
public bidding proce-
dure for the Northwest
Arterial/Chavenelle
Road Intersection Left
Turn Lane Improve-
ments Project, and fur-
ther recommends that
a public hearing be set
for September 19, 2016.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 313-16 Prelimi-
nary approval of plans,
specifications, form of
contract, and estimat-
ed cost; setting date of
public hearing on
plans, specifications,
form of contract, and
estimated cost; and or-
dering the advertise-
ment for bids was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:00 p.m. on September
I elreII 11y Q1.4UII CU Uy
the City of Dubuque
near the Dubuque In-
dustrial Center West
north of Humke Road
and west of Seippel
Road for construction
of a solar array. Upon
motion the documents
were received and filed
and Resolution No. 316-
16 Resolution of Intent
to dispose of an inter-
est in City of Dubuque
owned property by
lease between the City
of Dubuque and Inter-
state Power and Light
Company was adopted
setting a public hear-
ing for a meeting to
commence at 6:00 p.m.
on September 19, 2016
in the Historic Federal
Building.
BOARDS/
COMMISSIONS
Applicants were invit-
ed to address the City
Council regarding their
desire to serve on the
following Boards/Com-
missions.
1. Long Range Plan-
ning Advisory Commis-
sion: One, 3-year term
through July 1, 2017
(Vacant term of
Clements). Applicant:
Ronald Collins, 243 Car-
diff St.
Appointments were
made to the following
Boards/Commissions.
2. Long Range Plan-
ning Advisory Commis-
sion: One, 3-year term
through July 1, 2019
(Vacant term of
Prochaska). Applicant:
Michael Wright, 385
Burch St. Motion by
Connors to appoint Mr.
Wright to a 3-year term
through July 1, 2019.
Seconded by Lynch.
Motion carried 7-0.
3. Transit Advisory
Board: One, 3-year
term through July 30,
2019 (Expired term of
Lohrmann). Applicant:
Carrie Lohrmann, 1879
Denver Dr. Motion by
Jones to appoint Ms.
Lohrmann to a 3-year
term through July 30,
2019. Seconded by
Lynch. Motion carried
7-0.
PUBLIC HEARINGS
1. Removal of Phyll-
rich Drive from Resi-
dential Parking Permit
District H: Proof of
publication on notice
of public hearing to
consider the removal
of Phyllrich Drive from
Residential Parking
Permit District H and
the City Manager rec-
ommending approval.
Motion by Lynch to re-
ceive and file the docu-
ments and that the re-
quirement that a pro-
posed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended. Second-
ed by Resnick. City En-
gineer Gus Psihoyos
responded to questions
from the City Council
regarding changes in
student parking in the
residential area since
the completion of
Hempstead High
School's parking reno-
vation project. Motion
carried 7-0.
Motion by Lynch for
final consideration and
passage of Ordinance
No. 42-16 Amending
City of Dubuque Code
of Ordinances Title 9
Motor Vehicles and
Traffic, Chapter 14
Parking, Division 7 Res-
idential Parking Permit
Program, Section 9-14-
321.740 Residential
Parking Permit District
H by removing Phyll-
rich Drive between
Keystone Drive and
Keymont Drive. Sec-
onded by Resnick. Mo-
tion carried 7-0.
PUBLIC INPUT
Jill Crippes, 2257 Cha-
ney Road #1, ad-
dressed the City Coun-
cil about her interest in
purchasing the Five
at Flags" during the
winter months. Motion
by Connors to receive
and file the informa-
tion. Seconded by Jones.
Motion carried 7-0.
3. Cottingham & But-
ler Insurance Services,
Inc. - IEDA Contract:
City Manager recom-
mending approval of a
contract among Cot-
tingham & Butler Insur-
ance Services, Inc., the
City of Dubuque and
the Iowa Economic De-
velopment Authority.
Motion by Lynch to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 317-16 Au-
thorizing the execution
of a Contract for State
Business Financial As-
sistance by and among
Cottingham & Butler
Insurance Services,
Inc., the City of Dubu-
que, Iowa, and the Io-
wa Economic Develop-
ment Authority. Sec-
onded by Connors. Mo-
tion carried 7-0.
4. Rejection of Bids -
Grandview Avenue and
Loras Boulevard and
Grandview Avenue and
University Avenue In-
tersection Improve-
ment Projects: City
Manager recommend-
ing the rejection of the
competitive bid pro-
posals received for the
Grandview Avenue &
Loras Boulevard and
Grandview Avenue &
University Avenue In-
tersection Improve-
ment Project due to the
reconsideration of a
traffic control device
for the intersection im-
provements at Grand-
view Avenue & Univer-
sity Avenue. Motion by
Lynch to receive and
file the documents and
adopt Resolution No.
318-16 Rejecting com-
petitive bid proposals
received for the Grand-
view Avenue & Loras
Boulevard and Grand-
view Avenue & Univer-
sity Avenue Intersec-
tion Improvement Proj-
ect. Seconded by Res-
brose University to
complete a traffic stop
study in Dubuque. Mo-
tion by Connors to re-
ceive and file the docu-
ments and approve the
recommendation. Sec-
onded by Jones. Police
Chief Mark Dalsing re-
sponded to questions
from the City Council
regarding the qualifica-
tions of St. Ambrose
University, current and
ongoing departmental
intercultural training,
and concerns about
justifying the need for
the analysis versus
putting the funds to-
ward improving the
current system. Motion
carried 6-1 with Del
Toro voting nay.
7. Expansion of Con-
servation District to In-
clude 553 E. 14th
Street: City Manager
recommending appro-
val of the expansion of
the Washington Neigh-
borhood Conservation
District to include 553
E. 14th Street. Motion
by Connors to consider
the first reading of a
proposed ordinance
amending Title 16 of
the City of Dubuque
Code of Ordinances;
Unified Development
Code, by amending Ar-
ticle 10-11-A-4 pertain-
ing to expansion of the
Washington Street
Neighborhood Conser-
vation District. Motion
failed for lack of a sec-
ond.
Motion by Resnick to
table to October 17,
2016. Seconded by Del
Toro. Motion carried 5-
2 with Buol and Jones
voting nay.
8. Building Conditions
Report for Property at
3000 Jackson Street:
Building Services Man-
ager Todd Carr, Assis-
tant City Attorney
Maureen Quann, Assis-
tant City Attorney
Crenna Brumwell and
Planning Services Man-
ager Laura Carstens
presented a Building
Conditions Report for