Proof of Publication_City Council Proceedings 9 2 14STATE 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 10, 2014, and for which the charge is $268.83.
Subscribed to before me, a tary Public ' and for Dubuque County, Iowa,
this / 76, day a , 20 /,4 .
-;1-2
Notary Public in and for Dubuque County, Iowa.
5:'.. TERMEY fl
Commis ion r umber 154885
My C,.r- , .;�. FEB, 1, 2017
ALLEGIANCE 10 uli114.-- a • IvaUunai , UM UU Ullielq b Vele 0I aIIanlenuIII IIL 0
SWEARING'IN Scenle 'Byways Grant r'eceive1 and=filed and City Code Ordinance 9 -
Swearing In of 'Mayor and the State .1ecrea- ResolutIOf No 277.14 1 321 1: regarding' the
Pro Tem Karla A. Brag tional- Trails Grant 'for Setting the date for the definitI p of Motorized
PROCLAMATION, the Upper Bee, Branch public . (-leaning ,'op Bicycle`,or Bf
r Motocy-
P. Voices X Make Your Creek Restoration Proj Amendmeht" No 1 to cle Motion byJopes to
Mark Days (September 'ect, Upon;: motion the the:-, Fiscal Year 2015 receive{ and file ''the
6 - October, 14)_was ac- documents were ,re Budget for, the City of documents and' •that
cepted by Geri Shafer,-ceived and filed ,and Dubuoge wasradobted.; the requirement: that a
Voices. prodUotions, Resolution` No,•;270-14 A publib heai'Ifig is set proposed,, ordinance• be
1207 Adeline St. Joining ApbfoVing the, National for a fpeet1rii§ to cpril considered and -voted
Ms. Shafer was. Paula Scenic ByWays and mence at 8:30 p iii: Oh on for passage'at two
Connors and'' Ali State Recreational Trail September'15! ,2b14 In • Council meetings prior
Levasseur Grant -.Agreement; be- the Hlstorlc Federal t0' they meeting, at
CONSENT ITEMS' tween the Iowa Depart Building - Which it Is to be passed •
• Motion by :Lynch to .Ment of Transportation 2 English :Mill Road be 'suspended. Sec •
I receiVe and : file the Wand the�,Cjty+ of%iDUbu Purr\ping Facility prof onded OY Braig Motion
:docUrrrents !adopt thquer Iowafor-theBee ecf: City'Manager rec- .earned=7 0 + ri.
11011 01 X04111
ter 21.5(1)(c) Q) Code
ofalowa seconded' by
Resnick. Motion , car-
ried 7-0. 1
Upon motion at 8:20
p.m.; the City'Council
reconvened in -,open
session . stating" `that'
staff ,had: been given
proper direction
There 'being nofur-
ther
ur
ther business, upon
motion the City Council
adjourned at 8:21 p.m.
,/s/Trish Gleason, CMC
Assistant City Clerk
It 9/10
iltoutiohs °and dis Branch Creek, MISsIs- :dhi' n diijg i•initiation Motion by.Jonesfor fl -I
s�-lndicated. `sippi RIVer Trail Route of the bitldlr5g ptoces's nal consideration+and;
by Jones In ,the fiUpper i Bee fort thea English+ tMill pNas age of Ordinance'
ried,7;0 t f BoI'nnProjeet Wks adopt iP ojeoPumand9 furEl err City of, Dubuqueendig'
pose of a
Seconded
Motion car
1F I utes an Re h
.01'; .,
ort "S bm tt id" Hi4 d re in dIn th t t f Ores Title 9
Ity Treft Pre publ o ihearmg be;'set Motor Vehicles and
0.c!
e.
mpg Commission 6/24
h vention
Human Rig is Commis Program iJp for September 15 20141 Traffic, `Chapter 1 Gen
' sion 7/14 Uponhtotjon date y,, City Manager Upon motion the doeu- eral ProVlslons Section •
the'documegts ,were. recortimendfng appro nlents'Werereceived z0121t1,bV changing
received and fded .vas of an update to -the and +flledf and Resoju• 'the definition of Motor
2. -+Notice ofl Claims 'Crtys ,Identity, Theft tlori-NO 278-14 English Iized Bicycle or; Motor
and Suits 'Robert D0 `Prevention Progranj to Mill Road Puhiping Fa? Bicycle'to mirror",State
novan for vehicle nam inolpude areas of City cility Projedt Prelirhina Code in the Speed Ca
age,• ,Cheryl Fuller for operatiorrin addition to ry-Aupfo,VaI; of the pobltyt of a Motorized;i
personal i±Junes c:utflities lipora rmotibh $$peeifidationS Form -of Bicycle, -or Mofot,Blcy
James Gibbs for prop- the docufnents .. Were Contraot and'Estimat ele Seconded by;Braig
city damage katie Ja- received, filed and ap ed COst Setting' Date Motion;carried i -o
cobsop for veicte ,,proVyedr s t <}i OfPublic HearIng On 4 City Code of ordi
damage Gerald Klein ' lily Finalri P�at, the:; SpeaffioatIoiS, nances Amencin ent +
for.'p, operty .damage, Slegert's place t``Fifth I oFr 1 of Contraot, and title' 10 LSidewalk In ,;.ii
Scottt-;and AnnrMorris Addition .!Zoning Advi Estimated Cost, and or- stallation sand Repair
for property damage soryHCbniFfila fon Oreo derma tithe advertise City Mafiager recom j
Jose .Lopez Ramirez '•ommending apprival hent for bids y'vas mending approval of
for vehicle damage Of the Final Plat of adopted Apublic'h8e_ar Ian amendment to Sec
Upon motion the'docu ` ,SJegert's„Plate,, Fifth mels set fo 'a me0tipg tion '10-1 2 B Sidewalk
mems_ Were received Addition .request sub to .commente at.B:30 Installation apd,Repair
filed 'and referred to • ,ject i' ` to - condititlns p.m. on Septeplber 15, of the. City of Dubuque,;
the City Attorney i Upon motion the doeu 2014 m the Historic Code of ordinances.
3,' Disposition of ,mems Were received Federal Bgrldlpg ' Motion, byi Connors to;
Claim's City 'Attorney ,arid fit.ediand ,jlesplu 3I, Ffgfish MtII V'ater receive; and file the
advising that the fol ticnE of 27 14 AppC,oV Main ICxterision Proj documents and' that
lowing clafrris; have ,ing #11e Flpai plat,of ect;,City Marjhger rec the requirement that a
L been •referred to. Public ,Siege 's Place Fifth omriiending `;` initiation `proposed ordinance. be
Entity: Risk Services of 'Addition in the Oity of of the bidding prgcess' considered and!yoted
Iowa, -the agent for the ..-"'..',:,'P'0,'''.''1.'.:
Dubuorte Iowa Was for'the Eh0Iish Mill Wa- on fOr passagelat two,
Iowa Communities As ' adopted ?_ ¢ te Malls _ExtehslOn Council meetings prior
i surance Pool Robert •' 12s Pte Annexation Project' and further to the meeting at
DonOvanz for , ,vehicle Agreement Spiegel recommends;` °that , a1 which It rS to belpaSsed
F darfage Cheryl; Fuller 'Fanti1y,Reaity Company pubilbriheartngl be set be IisuspeOdecL-> Sec-,
flled.:ibyi Attorney Jef 'lowar LCLO- Clty Maiiag forseptembet45, 2014,; onded,by Jones, Motion
ffey ]Walters for per er`recommending ap upo'h otiof,the doeu- carried7 0 •Attorney
Sonat; injury, James ;proval of the Spiegel m'eflts 9ei'e; recelVed LIodahl responded •to
Gibbs; for property "Family Realty Corliliany al dd, flied ar1'd Resolur, questions from; 'the
damage, Katie,;iJacob 10Wa "LUC k•Pre doll' No 27914 English. counciltand explained•
1 son ,,for vehicle dam ''AnneXatron Agreement M1111 Rdad •Water Main that .this amendment
age,.poodKlein for for Lot 1 2 of Miller iExtensiort Project,Pre; was based on an Iowa
property damage Ike _;Place fi a0cordapce limlhaPy A pfovalI < of Supreme Court -,ruling
and Linda Lasoya for with tthe;; Fringe ,Area tF)e; Sptorflcatioris;: and that Iowa Ofty, lo- ,
property damage Ann ,:Deveioprrleht Stand F,,orrp of Contract, avid vira'•has alrea 1y passed
Morris for property ards and,: authorize the Estimated Cost Setting` aslhiflarordinarice:;
1 damage Jose • Lo'pez 'Mayor fo slgn 'the Dat@ of Public Hearing Motion by Connors for
Ramirez for =.Vehicle ;agremeff on,behalf of on°;,the SpepIf cations; final consideration- and
.damage, Tim Wittstock the City .0f Dubuque loan of Contract, and passage of Ordinance
for property •damage, Upon,motron the,tjocu Estimated Cost acid No '''57 14 Amending
Lawrence Vize for 'ments were received , Ordering the Adver ` City of Dubuque Code
property 8`amage -'and filed and Resoiu tisement for;BIdS was of Ordinances TitIe+10 ,
Upon motion tlie'docu tion :"jo 27,2 14 ApproVAadb'ppted ApLblIie hear PublfeWays and' Prop=
ments were'received Ying a ;Rte Anpex tion ingls set fora meeting. erty,'Chapter 1 Streets,
filed and concurred Agreement betWeen to -'commence at 6 30: Sidewalks and other
4; Federal Emergency the City of Dubuque p m On September 15, Public; Places, Section
Management lAssocia ; Iowa and;Spregel Farm 2014 in .the Hlstorlb':".1.0:412l3 - Sidewalk In-
tion(FMA) Assistance;Sly Realty,Company 10 Federal Building ;stallation and • Repair
to Firefighters; Grapt Wa LLC vvas adopted '. BOARDS/ ' by further defining the
Acceptance City Man 13 j' 0 Ann`efCation , COIViMISSIONS duty and liability: of the
ager recommending Agreement Doris Applica is were ]twit- abutting property own
approval of the`;accept t Graf "lty Manager fee , ed oto adgeio,5 the City er ,Secon ed by: Braig. ;
Emergegcy heManage- :'of thei,DbrIs GrafrPrel des r±Ito servde,'on ithie Mos o4ubugt e�County -
ment; (Association + Annekatiop 'Agreement following Boards/Coni= Emergency Manage ;
(FEMA') the Assistance for Lot 1 of Graf Farm ,missions,+ s hlept,;' Commission
ito Firefighters° Granit •'Subdivision ip' accord r 1 Airritifi Commis-• Tom Berge bf the Du
'Upon`�motfon thsrdocu ahce -With the Fringe tsi0h One,r4 yeaf terns•buquorfColintyj-,Enver- .
ments were received 'Area Development th1 bugh September 14,' gencyr: Mapagement
filed ••and approved Standads, and author , 12018 (Exeiring term of Ageiigy (EMA)frequest
5 "Cities of°+Service •,Jze the Jvlayor to sign , Accinellp AppliOant: Ing a pew appointment•
Blueprint Application the agreement ori be §teve Accigelll,>3007 of theMayor or May
City•. Manager recom •,half of the City of Dei I-j(ipUnoton o or's reprgsentatiye on '
; mehding approval sof , buque Upon motlort a 2 'Zoning`j3oardfof Ad- the EMA Commission
the sub'riittal of an ap ,the documents 'Were Ju,'sthieiit::One 5 year due oto the retirement'
plicationto•,FutiireTalk'`received;andfiled aid terhi th1roUgh March of 'Fire Chief Dan
to m
becoe-a?Cities • of 'Resolution tyo 27814 25,2hi (V.aGantterm Browp, ayorBgolrec
motion the documents .:.;::.,.:...6,',
Annexation Agreement Caht 1Y_6yce >Pope, 560 meht o Fife Chief Rick
were;, received filed ',between; the City, of West 13th St;' Stefne's' as the'srepre,
and approved Dubuque,'lowa arld;Do Appointments to the sentative to the EMA•
6 Nomination of Eagle rrs Graf was adopted folloWind coinmissioris Commission Motion by
Point!Park for,iNattonal 14. Copseiht Decree tb c' be made at thls Connor's to approve the
Re'glster of 'Historic :Semi Annual Report meeting` mayor recommenda-
Places and CLG Grant September 2014:' Clty t Housing Commis= tion Of Fir@ Chief Rick
Application fol Eagle Manager'” i-`regUestings SloTf 015 3- t arterie Stemes as f1if; repre- s
Poinf Park NRNP „approval to certify the?.. throudh August '17, sentative to the EMA.,,,,
Service Bluprint, Upon 'ApproViOg c a5 .spre of::HUtchinson}; .Appll omimepolgd 'appofnt-
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: September 10, 2014, and for which the charge is $268.83.
J75.1Yee
Subscribed to before me, a ► .tary Public ' and for Dubuque County, Iowa,
this / 7tf day •,. Jj , 20 /,4 .
Notary Public in and for Dubuque County, Iowa.
MARY wj a ERMEYER
Cornmiw ,on hwrnber 154885
FEB. 1, 2017
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
September 2, 2014 in
the Historic Federal
Building, 350 W. 6th
Street.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager Van
Milligen, City Attorney
Lindahl
Mayor Buol read the
call and stated this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the City
Council.
PLEDGE OF
ALLEGIANCE
SWEARING IN
Swearing In of Mayor
Pro Tem Karla A Braig
PROCLAMATION
1. Voices X Make Your
Mark Days (September
6 - October 14) was ac-
cepted by Geri Shafer,
Voices Productions,
1207 Adeline St. Joining
Ms. Shafer was Paula
Connors and Ali
Levasseur.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions and dis-
Nomination and Phase
1 Archeological Survey:
City Manager recom-
mending City Council
support for the nomi-
nation of Eagle Point
Park to the National
Register of Historic
Places (NRHP), accept-
ance of the generous
offer of Dr. Julie
Schlarman to list Eagle
Point Park on the Na-
tional Register as an
in -kind donation, sub-
mittal of a Certified Lo-
cal Government Grant
Application for the
nomination and Phase I
Archeological Survey.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 266-14 Author-
izing CLG Grant Appli-
cation to State Historic
Preservation Office for
Eagle Point Park NRHP
Nomination and Phase
1 Archeological Survey
Project was adopted.
7. English Mill Road
Watermain Extension
Partnership Agree-
ment: City Manager
recommending appro-
val of a Partnership
Agreement with Eng-
lish Ridge LLC for the
construction of a
watermain from the in-
tersection of Cavend-
ish Lane and Stone Val-
ley Drive west to the
intersection of English
Mill Road and the fu-
ture extension of Stone
Valley Drive. Upon mo-
tion the documents
were received and filed
and Resolution No. 267-
14 Approving a Part-
nership Agreement be-
tween the City of Du-
buque, Iowa and Eng-
lish Ridge LLC was
adopted.
8. English Mill Road
Watermain Extension
Purchase Agreement:
City Manager recom-
mending approval of
the acquisition of Lot 8
of English Ridge Subdi- recommending appro- ACTION ITEMS recommending post -
vision No. 5 and associ- val of annual liquor, 1. Eagle Point Solar: ponement of the award
ated watermain and beer, wine and tobacco Motion by Lynch to re- of the contract until
access easements and licenses applications ceive and file and hear the September 15, 2014
authorizing the City as submitted. Upon presentation. Barry City Council meeting.
Manager to execute motion the documents Shear, President of Ea- Motion by Braig to re -
the Offer to Buy and were received and filed gle Point Solar, provid- ceive and file the docu-
the City Council to ac- and Resolution No. 275- ed a slide presentation ments and adopt Reso-
cept the deed for such 14 Approving applica- on the process and lution No. 284-14 Post -
property. City Manager tions for beer, liquor, outcome of a Supreme poning the Award of
also recommending ac- and/or wine permits, Court case which the Contract for the
cepting the Grant of as required by City of would allow municipal- SRF Green Alley Bid Set
Access and Watermain Dubuque Code of Ordi- ities to purchase solar 2 - Year 2 Project.
Utility Easement nances Title 4 Business energy. Shear respond- Seconded by Connors.
through and across a and License Regula- ed to questions from Motion carried 7-0.
part of Lot A of English tions, Chapter 2 Liquor the council. Seconded 9. Park and Recrea-
Ridge Subdivision No. Control, Article B Liq- by Jones. Motion car- tion Advisory Commis-
5, in the City of Dubu- uor, Beer and Wine Li- ried 7-0. sion Correspondence:
que, Iowa. Upon mo- censes and Permits 2. Wells Fargo Bank, Restated Motion by
tion the documents
were received and filed
and Resolution No. 268-
14 Approving the Ac-
quisition of Real Estate
Owned by English
Ridge, LLC in the Coun-
ty of Dubuque and Res-
olution No. 269-14 Ac-
cepting the Grant of an
Access and Watermain
Utility Easement
Through, Over and
Across a Part of Lot A
of English Ridge Subdi-
vision No. 5, in the City
of Dubuque, Dubuque
County, Iowa were
adopted.
9. National Scenic
Byways/State Recrea-
tional Trail Grant
Agreement: City Man-
ager recommending
approval to enter into
an agreement with the
Iowa Department of
Transportation in order
to utilize the National
Scenic Byways Grant
and the State Recrea-
tional Trails Grant for
the Upper Bee Branch
Creek Restoration Proj-
ect. Upon motion the
documents were re-
ceived and filed and
Resolution No. 270-14
Approving the National
Scenic Byways and
State Recreational Trail
Grant Agreement be-
tween the Iowa Depart-
ment of Transportation
and the City of Dubu-
que, Iowa for the Bee
Branch Creek Missis-
pose of as indicated. sippi River Trail Route
Seconded by Jones. in the Upper Bee
Motion carried 7-0. Branch Creek Restora-
1. Minutes and Re- tion Project was adopt -
ports Submitted: Hous- ed.
Identity Theft Pre
ing Commissionn RihtCommis-/24, vention Program Up-
sion Rights date: City Manager
sion 7/14. enn motion recommending appro-
receivedrec documentsue were val of an update to the
and ofiled. City's Identity Theft
2. Notice of Claims Prevention Program to
and n fSuor vehiclecdam-- include areas of City
agefor rfooperation in addition to
age, CherylaFuller for utilities. Upon motion
personal injuries, the documents were
James GGiage forKprop- received, filed and erty damage, Katie Ja- roved.
ap-
cobson for vehicle proved.
Final Plat
damage, Gerald Klein Siegert's1.PlacealFifth
for property damage, Addition: Zoning Advi-
for and Ann Morris sory Commission rec- Bering the advertise- City Manager recom-
Jos property damage, ommending approval Gent for bids was mending approval of
fore' Lopez Ramirez of the Final Plat of adopted. A public hear- an amendment to Sec-
Uponfor vehicle damage. Siegert's Place Fifth ing is set for a meeting tion 10-1-2-B Sidewalk
were the received,eu- Addition request sub- to commence at 6:30 Installation and Repair
ments were ect to conditions. p.m. on September 15, of the City of Dubuque
filed and referredny.to ject
City Attorney. Upon motion the docu- 2014 in the Historic Code of Ordinances.
3. Disposition of ments were received Federal Building. Motion by Connors to
Claims: City Attorney and filed and Resolu- 3. English Mill Water receive and file the
advising that the fol- tion No. 271-14 Approv- Main Extension Proj- documents and that
lowing claims have ing the Final Plat of ect: City Manager rec- the requirement that a
been referred to Public Siegert's Place Fifth ommending initiation proposed ordinance be
Entity Risk Services of Addition in the City of of the bidding process considered and voted
Iowa, the agent for the Dubuque, Iowa was for the English Mill Wa- on for passage at two
Iowa Communities As- adopted. ter Main Extension Council meetings prior
surance Pool: Robert 12. Pre -Annexation Project, and further to the meeting at
Donovan for vehicle Agreement - Spiegel recommends that a which it is to be passed
damage, Cheryl Fuller Family Realty Company public hearing be set be suspended. Sec -
filed by Attorney Jef- Iowa, LLC: City Manag- for September 15, 2014. onded by Jones. Motion
frey Walters for per- er recommending ap- Upon motion the docu- carried 7-0. Attorney
sonal injury, James proval of the Spiegel ments were received Lindahl responded to
Gibbs for property Family Realty Company and filed and Resolu- questions from the
damage, Katie Jacob- Iowa, LLC Pre- tion No. 279-14 English council and explained
eon for vehicle dam- Annexation Agreement Mill Road Watery Main that this amendment
September 30th Semi 2017 (Expiring term of Commission. Seconded
Annual Consent Decree Eudaley); Applicant: by Braig. Motion car -
Report to be submitted Amy Eudaley, 950 ried 7-0.
to the U.S. Department Wood St. Motion by 6. FY 2015 Annual Ac-
of Justice, U.S. EPA and Lynch to appoint Amy tion Plan Amendment
the Iowa Department Eudaley to a 3-year 1: City Manager recom-
of Natural Resources. term through August mending approval of
Upon motion the docu- 17, 2017. Seconded by the Fiscal Year 2015
ments were received, Connors. Motion car- Annual Action Plan -
filed and approved. ried 7-0. Amendment 1 for the
15. Fiscal Year 2014 2. Sister City Relation- Community Develop -
City Street Financing ship Advisory Commis- ment Block Grant
Report: City Manager sion: One, 3-year term (CDBG) program. Mo-
recommending appro- through February 1, tion by Braig to receive
val of the Fiscal Year 2016 (Vacant term of and file the documents
2014 City Street Fi- Rhomberg); Applicant: and adopt Resolution
nancing Report. Upon Bryan Zygmont, 608 No. 282-14 Approving
Fiscal Year 2015 (Pro-
gram Year 2014) Annu-
al Action Plan Amend-
ment 1 for Community
Development Block
Grant (CDBG) Funds.
Seconded by Jones.
Motion carried 7-0.
7. Southwest Arterial
Supplemental Agree-
ment No. 14: City Man-
ager recommending
authorization for the
Mayor to execute the
Consultant Professio-
nal Services - Supple-
mental Agreement
with AECOM Technical
Services, Inc. for the fi-
nal engineering design
phase of the Southwest
Arterial Project, sub-
ject to the concurrence
of the Iowa Depart-
ment of Transporta-
tion. Motion by Lynch
to receive and file the
documents and adopt
Resolution No. 283-14
Approving the Consul-
tant Professional Serv-
ices - Supplemental
Agreement No. 14 be-
tween AECOM Techni-
cal Services, Inc. and
the City of Dubuque for
the completion of final
engineering design
phase of the Southwest
Arterial Project. Sec-
onded by Connors. Mo-
tion carried 7-0.
8. SRF Green Alley Bid
Set 2 Year 2 - Post-
ponement of the
Award: City Manager
motion the documents Clarke Dr. Motion by
were received and filed Lynch to appoint Bryan
and Resolution No. 274- Zygmont to a 3-year
14 Approving the City term through February
of Dubuque Fiscal Year 1, 2016. Seconded by
2014 City Street Fi- Connors. Motion car-
nancing Report was ried 7-0.
adopted. PUBLIC HEARINGS
16. Multicultural Fami- Upon motion the rules
ly Center Agreement: were suspended allow -
City Manager recom- ing anyone present to
mending approval of address the City Coun-
an Agreement between cil on the following
the City of Dubuque items.
and the Multicultural 1. Dubuque Technolo-
Family Center. Upon gy Park - Economic De-
motion the documents velopment District
were received, filed Amendment: Proof of
and approved. publication on notice
17. Workers' Comoro- of public hearing to
mise Settlement - Alvy consider a Resolution
Kennedy: City Attorney of Necessity for an
recommending appro- Amendment to the Du-
val of Compromise Set- buque Technology Park
tlement for Alvy Ken- Economic Development
nedy vs. City of Dubu- District Urban Renewal
que. Upon motion the Plan to include
documents were re- Subarea C and the City
ceived, filed and ap- Manager recommend -
proved. ing approval. Motion
18. Alcohol Compli- by Lynch to receive
ance Civil Penalty for and file the documents
Alcohol License - Dia- and adopt Resolution
mond Jo Casino: City No. 280-14 Approving
Manager recommend- the Amended and
ing approval of the Al- Restated Urban Renew-
cohol Compliance Set- al Plan for the Dubuque
tlement Agreement Technology Park Eco-
with Diamond Jo Casi- nomic Development
no, 301 Bell Street. District. Seconded by
Upon motion the docu- Jones. Motion carried
ments were received, 7-0.
filed and approved. Upon motion the rules
19. Alcohol and To- were reinstated limit-
bacco License Applica- ing discussion to the
tions: City Manager City Council.
and Resolution No. 276-
14 Approving applica-
tions for retail ciga-
rette/tobacco sales
permits, as required by
Iowa Code 453A.47A
were adopted.
ITEMS TO BE 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
notices as prescribed
by law. Seconded by
Connors. Motion car-
ried 7-0.
1. FY15 First Budget
Amendment: City Man-
ager recommending
the first Fiscal Year
2015 Budget Amend-
ment be set for public
hearing on September
15, 2014. Upon motion
the documents were
received and filed and
Resolution No. 277-14
Setting the date for the
Public Hearing on
Amendment No. 1 to
the Fiscal Year 2015
Budget for the City of
Dubuque was adopted.
A public hearing is set
for a meeting to com-
mence at 6:30 p.m. on
September 15, 2014 in
the Historic Federal
Building.
2. English Mill Road
Pumping Facility Proj-
ect: City Manager rec-
ommending initiation
of the bidding process
for the English Mill
Road Pumping Facility
Project, and further
recommending that a
public hearing be set
for September 15, 2014.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 278-14 English
Mill Road Pumping Fa-
cility Project Prelimina-
ry Approval of the
Specifications, Form of
Contract, and Estimat-
ed Cost; Setting Date
of Public Hearing on
the Specifications,
Form of Contract, and
Estimated Cost; and or-
N.A Deed Donation - Jones to receive and
Property at 767 Univer- file the documents and
sity Avenue along with instruct the Parks and
Cash Contribution: City Recreation Advisory
Manager recommend- Commission to hold a
ing the City accept public hearing regard
donation of the proper- ing dogs in parks.
ty at 767 University Seconded by Braig.
Avenue along with a Motion carried 7-0.
$20,000 cash contribu- COUNCIL MEMBER
tion from Wells Fargo REPORTS
Bank. Motion by Braig Council Member
to receive and file the Jones congratulated
documents and adopt everyone involved in
Resolution No. 281-14 the Labor Day Parade
Accepting the Deed to for having a successful
Certain Real Estate in event. Council agreed
Dubuque County, Iowa that staff should look
from Wells Fargo Bank, into regulations requir-
NA. Seconded by Con- ing drivers in all pa-
nors. Motion carried 7- rades to be of legal
0. age, siting public safe-
3. City Code Ordi- ty as the concern.
nance Amendment - CLOSED SESSION
Definition of Motorized Motion by Jones to
Bicycle or Motor Bicy- convene in closed ses-
cle: City Manager rec- sion at 7:45 p.m. to dis-
ommending approval cuss property acquisi-
of an amendment to tion pursuant to Chap -
City Code Ordinance 9- ter 21.5(1)(c),-(j) Code
1-321.1 regarding the of Iowa. Seconded by
definition of Motorized Resnick. Motion car -
Bicycle or Motor Bicy- ried 7-0.
cle. Motion by Jones to Upon motion at 8:20
receive and file the p.m., the City Council
documents and that reconvened in open
the requirement that a session stating that
proposed ordinance be staff had been given
considered and voted proper direction.
on for passage at two There being no fur -
Council meetings prior ther business, upon
to the meeting at motion the City Council
which it is to be passed adjourned at 8:21 p.m.
be suspended. Sec- /s/Trish Gleason, CMC
onded by Braig. Motion Assistant City Clerk
carried 7-0. It 9/10
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No 56-14 Amending
City of Dubuque Code
of Ordinances Title 9
Motor Vehicles and
Traffic, Chapter 1 Gen-
eral Provisions, Section
9-1-321.1 by changing
the definition of Motor-
ized Bicycle or Motor
Bicycle to mirror State
Code in the Speed Ca-
pacity of a Motorized
Bicycle or Motor Bicy-
cle. Seconded by Braig.
Motion carried 7-0.
4. City Code of Ordi-
nances Amendment -
Title 10- Sidewalk In-
stallation and Repair:
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
September 2, 2014 in
the Historic Federal
Building, 350 W. 6th
Street.
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager Van
Milligen, City Attorney
Lindahl
Mayor Buol read the
call and stated this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the City
Council.
PLEDGE OF
ALLEGIANCE
SWEARING IN
Swearing In of Mayor
Pro Tem Karla A Braig
PROCLAMATION
1. Voices X Make Your
Mark Days (September
6 - October 14) was ac-
cepted by Geri Shafer,
Voices Productions,
1207 Adeline St. Joining
Ms. Shafer was Paula
Connors and Ali
Levasseur.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Jones.
Motion carried 7-0.
1. Minutes and Re-
ports Submitted: Hous-
ing Commission 6/24,
Human Rights Commis-
sion 7/14. Upon motion
the documents were
received and filed.
2. Notice of Claims
and Suits: Robert Do-
novan for vehicle dam-
age, Cheryl Fuller for
personal injuries,
James Gibbs for prop-
erty damage, Katie Ja-
cobson for vehicle
damage, Gerald Klein
for property damage,
Scott and Ann Morris
for property damage,
Jose' Lo'pez Ramirez
for vehicle damage.
Upon motion the docu-
ments were received,
filed and referred to
the City Attorney.
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: Robert
Donovan for vehicle
damage, Cheryl Fuller
filed by Attorney Jef-
frey Walters for per-
sonal injury, James
Gibbs for property
damage, Katie Jacob-
son for vehicle dam-
age, Gerald Klein for
property damage, Ike
and Linda Lasoya for
property damage, Ann
Morris for property
damage, Jose' Lo'pez
Ramirez for vehicle
damage, Tim Wittstock
for property damage,
Lawrence Vize for
property damage.
Upon motion the docu-
ments were received,
filed and concurred.
4. Federal Emergency
Management Associa-
tion (FEMA) Assistance
to Firefighter's Grant
Acceptance: City Man-
ager recommending
approval of the accept-
ance of the Federal
Emergency Manage-
ment Association
(FEMA) the Assistance
to Firefighter's Grant.
Upon motion the docu-
ments were received,
filed and approved.
5. Cities of Service
Blueprint Application:
City Manager recom-
mending approval of
the submittal of an ap-
plication to Future Talk
to become a Cities of
Service Blueprint. Upon
motion the documents
were received, filed
and approved.
6. Nomination of Eagle
Point Park for National
Register of Historic
Places and CLG Grant
Application for Eagle
Point Park - NRHP
and Resolution No. 267-
14 Approving a Part-
nership Agreement be-
tween the City of Du-
buque, Iowa and Eng-
lish Ridge LLC was
adopted.
8. English Mill Road
Watermain Extension
Purchase Agreement:
City Manager recom-
mending approval of
the acquisition of Lot B
of English Ridge Subdi-
vision No. 5 and associ-
ated watermain and
access easements and
authorizing the City
Manager to execute
the Offer to Buy and
the City Council to ac-
cept the deed for such
property. City Manager
also recommending ac-
cepting the Grant of
Access and Watermain
Utility Easement
through and across a
part of Lot A of English
Ridge Subdivision No.
5, in the City of Dubu-
que, Iowa. Upon mo-
tion the documents
were received and filed
and Resolution No. 268-
14 Approving the Ac-
quisition of Real Estate
Owned by English
Ridge, LLC in the Coun-
ty of Dubuque and Res-
olution No. 269-14 Ac-
cepting the Grant of an
Access and Watermain
Utility Easement
Through, Over and
Across a Part of Lot A
of English Ridge Subdi-
vision No. 5, in the City
of Dubuque, Dubuque
County, Iowa were
adopted.
9. National Scenic
Byways/State Recrea-
tional Trail Grant
Agreement: City Man-
ager recommending
approval to enter into
an agreement with the
Iowa Department of
Transportation in order
to utilize the National
Scenic Byways Grant
and the State Recrea-
tional Trails Grant for
the Upper Bee Branch
Creek Restoration Proj-
ect. Upon motion the
documents were re-
ceived and filed and
Resolution No. 270-14
Approving the National
Scenic Byways and
State Recreational Trail
Grant Agreement be-
tween the Iowa Depart-
ment of Transportation
and the City of Dubu-
que, Iowa for the Bee
Branch Creek Missis-
sippi River Trail Route
in the Upper Bee
Branch Creek Restora-
tion Project was adopt-
ed.
10. Identity Theft Pre-
vention Program Up-
date: City Manager
recommending appro-
val of an update to the
City's Identity Theft
Prevention Program to
include areas of City
operation in addition to
utilities. Upon motion
the documents were
received, filed and ap-
proved.
11. Final Plat -
Siegert's Place Fifth
Addition: Zoning Advi-
sory Commission rec-
ommending approval
of the Final Plat of
Siegert's Place Fifth
Addition request sub-
ject to conditions.
Upon motion the docu-
ments were received
and flied and Resolu-
tion No. 271-14 Approv-
ing the Final Plat of
Siegert's Place Fifth
Addition in the City of
Dubuque, Iowa was
adopted.
12. Pre -Annexation
Agreement - Spiegel
Family Realty Company
Iowa, LLC: City Manag-
er recommending ap-
proval of the Spiegel
Family Realty Company
Iowa, LLC Pre -
Annexation Agreement
for Lot 1-2 of Miller
Place in accordance
with the Fringe Area
Development Stand-
ards, and authorize the
Mayor to sign the
agreement on behalf of
the City of Dubuque.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 272-14 Approv-
ing a Pre -Annexation
Agreement between
the City of Dubuque,
Iowa and Spiegel Fami-
ly Realty Company Io-
wa, LLC was adopted.
13. Pre -Annexation
Agreement - Doris
Graf: City Manager rec-
ommending approval
of the Doris Graf Pre -
Annexation Agreement
for Lot 1 of Graf Farm
Subdivision in accord-
ance with the Fringe
Area Development
Standards, and author-
ize the Mayor to sign
the agreement on be-
half of the City of Du-
buque. Upon motion
the documents were
received and filed and
Resolution No. 273-14
Approving a Pre -
Annexation Agreement
between the City of
Dubuque, Iowa and Do-
ris Graf was adopted.
14. Consent Decree
Semi Annual Report -
September 2014: City
Manager requesting
approval to certify the
mond Jo Casino: City
Manager recommend-
ing approval of the Al-
cohol Compliance Set-
tlement Agreement
with Diamond Jo Casi-
no, 301 Bell Street.
Upon motion the docu-
ments were received,
filed and approved.
19. Alcohol and To-
bacco License Applica-
tions: City Manager
recommending appro-
val of annual liquor,
beer, wine and tobacco
licenses applications
as submitted. Upon
motion the documents
were received and filed
and Resolution No. 275-
14 Approving applica-
tions for beer, liquor,
and/or wine permits,
as required by City of
Dubuque Code of Ordi-
nances Title 4 Business
and License Regula-
tions, Chapter 2 Liquor
Control, Article B Liq-
uor, Beer and Wine Li-
censes and Permits
and Resolution No. 276-
14 Approving applica-
tions for retail ciga-
rette/tobacco sales
permits, as required by
Iowa Code 453A.47A
were adopted.
ITEMS TO BE 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
notices as prescribed
by law. Seconded by
Connors. Motion car-
ried 7-0.
1. FY15 First Budget
Amendment: City Man-
ager recommending
the first Fiscal Year
2015 Budget Amend-
ment be set for public
hearing on September
15, 2014. Upon motion
the documents were
received and filed and
Resolution No. 277-14
Setting the date for the
Public Hearing on
Amendment No. 1 to
the Fiscal Year 2015
Budget for the City of
Dubuque was adopted.
A public hearing is set
for a meeting to com-
mence at 6:30 p.m. on
September 15, 2014 in
the Historic Federal
Building.
2. English Mill Road
Pumping Facility Proj-
ect: City Manager rec-
ommending initiation
of the bidding process
for the English Mill
Road Pumping Facility
Project, and further
recommending that a
public hearing be set
for September 15, 2014.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 278-14 English
Mill Road Pumping Fa-
cility Project Prelimina-
ry Approval of the
Specifications, Form of
Contract, and Estimat-
ed Cost; Setting Date
of Public Hearing on
the Specifications,
Form of Contract, and
Estimated Cost; and or-
dering the advertise-
ment for bids was
adopted. A public hear-
ing is set for a meeting
to commence at 6:30
p.m. on September 15,
2014 in the Historic
Federal Building.
3. English Mill Water
Main Extension Proj-
ect: City Manager rec-
ommending initiation
of the bidding process
for the English Mill Wa-
ter Main Extension
Project, and further
recommends that a
public hearing be set
for September 15, 2014.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 279-14 English
Mill Road Water Main
Extension Project Pre-
liminary Approval of
the Specifications,
Form of Contract, and
Estimated Cost; Setting
Date of Public Hearing
on the Specifications,
Form of Contract, and
Estimated Cost; and
Ordering the Adver-
tisement for Bids was
adopted. A public hear-
ing is set for a meeting
to commence at 6:30
p.m. on September 15,
2014 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. Airport Commis-
sion: One, 4-year term
through September 14,
2018 (Expiring term of
Accinelli); Applicant:
Steven Accinelli, 3007
Huntington Dr.
2. Zoning Board of Ad-
justment: One, 5-year
term through March
25, 2019 (Vacant term
of Hutchinson); Appli-
cant: Joyce Pope, 560
West 13th St.
Appointments to the
following commissions
to be made at this
meeting:
1. Housing Commis-
sion: One, 3-year term
through August 17,
No. 280-14 Approving
the Amended and
Restated Urban Renew-
al Plan for the Dubuque
Technology Park Eco-
nomic Development
District. Seconded by
Jones. Motion carried
7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
1. Eagle Point Solar:
Motion by Lynch to re-
ceive and file and hear
presentation. Barry
Shear, President of Ea-
gle Point Solar, provid-
ed a slide presentation
on the process and
outcome of a Supreme
Court case which
would allow municipal-
ities to purchase solar
energy. Shear respond-
ed to questions from
the council. Seconded
by Jones. Motion car-
ried 7-0.
2. Wells Fargo Bank,
NA Deed Donation -
Property at 767 Univer-
sity Avenue along with
Cash Contribution: City
Manager recommend-
ing the City accept
donation of the proper-
ty at 767 University
Avenue along with a
$20,000 cash contribu-
tion from Wells Fargo
Bank. Motion by Braig
to receive and file the
documents and adopt
Resolution No. 281-14
Accepting the Deed to
Certain Real Estate in
Dubuque County, Iowa
from Wells Fargo Bank,
NA. Seconded by Con-
nors. Motion carried 7-
0.
3. City Code Ordi-
nance Amendment -
Definition of Motorized
Bicycle or Motor Bicy-
cle: City Manager rec-
ommending approval
of an amendment to
City Code Ordinance 9-
1-321.1 regarding the
definition of Motorized
Bicycle or Motor Bicy-
cle. Motion by Jones 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 Braig. Motion
carried 7-0.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No 56-14 Amending
City of Dubuque Code
of Ordinances Title 9
Motor Vehicles and
Traffic, Chapter 1 Gen-
eral Provisions, Section
9-1-321.1 by changing
the definition of Motor-
ized Bicycle or Motor
Bicycle to mirror State
Code in the Speed Ca-
pacity of a Motorized
Bicycle or Motor Bicy-
cle. Seconded by Braig.
Motion carried 7-0.
4. City Code of Ordi-
nances Amendment -
Title 10- Sidewalk In-
stallation and Repair:
City Manager recom-
mending approval of
an amendment to Sec-
tion 10-1-2-B Sidewalk
Installation and Repair
of the City of Dubuque
Code of Ordinances.
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 Jones. Motion
carried 7-0. Attorney
Lindahl responded to
questions from the
council and explained
that this amendment
was based on an Iowa
Supreme Court ruling
and that Iowa City, Io-
wa has already passed
a similar ordinance.
Motion by Connors for
final consideration and
passage of Ordinance
No. 57-14 Amending
City of Dubuque Code
of Ordinances Title 10
Public Ways and Prop-
erty, Chapter 1 Streets,
Sidewalks and Other
Public Places, Section
10-1-2-B Sidewalk In-
stallation and Repair
by further defining the
duty and liability of the
abutting property own-
er. Seconded by Braig.
Motion carried 7-0.
5. Dubuque County
Emergency Manage-
ment Commission:
Tom Berger of the Du-
buque County Emer-
gency Management
Agency (EMA) request-
ing a new appointment
of the Mayor or May-
or's representative on
the EMA Commission
due to the retirement
of Fire Chief Dan
Brown. Mayor Buol rec-
ommending appoint-
ment of Fire Chief Rick
Steines, as the repre-
sentative to the EMA
Commission. Motion by
Connors to approve the
mayor recommenda-
tion of Fire Chief Rick
Steines as the repre-
sentative to the EMA
tween AECOM Techni-
cal Services, Inc. and
the City of Dubuque for
the completion of final
engineering design
phase of the Southwest
Arterial Project. Sec-
onded by Connors. Mo-
tion carried 7-0.
8. SRF Green Alley Bid
Set 2 Year 2 - Post-
ponement of the
Award: City Manager
recommending post-
ponement of the award
of the contract until
the September 15, 2014
City Council meeting.
Motion by Braig to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 284-14 Post-
poning the Award of
the Contract for the
SRF Green Alley Bid Set
2 - Year 2 Project.
Seconded by Connors.
Motion carried 7-0.
9. Park and Recrea-
tion Advisory Commis-
sion Correspondence:
Restated Motion by
Jones to receive and
file the documents and
instruct the Parks and
Recreation Advisory
Commission to hold a
public hearing regard-
ing dogs in parks.
Seconded by Braig.
Motion carried 7-0.
COUNCIL MEMBER
REPORTS
Council Member
Jones congratulated
everyone involved in
the Labor Day Parade
for having a successful
event. Council agreed
that staff should look
into regulations requir-
ing drivers in all pa-
rades to be of legal
age, siting public safe-
ty as the concern.
CLOSED SESSION
Motion by Jones to
convene in closed ses-
sion at 7:45 p.m. to dis-
cuss property acquisi-
tion pursuant to Chap-
ter 21.5(1)(c), -(j) Code
of Iowa. Seconded by
Resnick. Motion car-
ried 7-0.
Upon motion at 8:20
p.m., the City Council
reconvened in open
session stating that
staff had been given
proper direction.
There being no fur-
ther business, upon
motion the City Council
adjourned at 8:21 p.m.
/s/Trish Gleason, CMC
Assistant City Clerk
1t 9/10