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Proof of Publication_City Council Proceedings 4 6 15 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Cleric 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: April 15, 2015, and for which the charge is $368.30. _ Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, 1;iTYpF DUBiJ.QUE, this Aeol day of , 20 /� IOWA, CITY,COUNCIL PROCEEDINGS -High Priorlty Critical SPECIAL SESSION l 'Areas The' Dubuque City State Revolving Council met in special Fund -(SRF) Sponsor- session at 5,:3()p,m.on 'ship Project t Catfish Ap'Lll.`.6 2015. n i .the I `Creek Historic Foderdl:861Id' • CtheY'PColects�'and � Ing,350 W 6th Street Future.Goals Present Mayor Buol The'r'e being no Notary Public in and or Dubuque County, Iowa. Council Members further business;upon, Bfdld,'Connors,'!ones motion the CIty,Counal Mark Lynch,Resnick Suttpnf adjourned at 6 Ol p;m 3 Smart Money"Week personal injury; City Manager; Van I /s/Tnsh Gleason (April 18 25)jaccepted Sarazin for ptoperty I Milligen, City,-Attorhey Assistant City Clerk by Amy ;Muchmore damage Elizabeth { �Pau�°F P�A�#y � �S� t3€7EYR Lindahl. l CITY OF DUBUQUE, Adult Services Mafia Smith for property 1 =° Commission Nurnbe. 154885 Mayor Buol read the IOWA ger, Carnegie-Stout damage Trigger Hap call and stated this is a CITY COUNCIL Ptibiic Library py Tattoo foY-revenue { iows My Comm. Exp. Yff 1,2017 ' special sessio "of fhe I PROCEEDINGS CONSENT ITEMS loss.Joyce and Albert City Manager 14""w "City Gouncii caked for �' REGULARSESSIQN - "Motion by Lynch to WiendenbacheE: for mending approval of 1 the purpose; of The Dubuque.,;City receive and file the property damage the'"AmeriCorps VISTA conducting a Work Couhcii met in regular 1 documents;'adopt the ' Upon motion the docu grant application to the resolutions session for the Catflsh session at 6:30 p.m on and dis I ments were received, Corporation for Nation ; Creek Watershed April 6; 2015 lh`the 'pose of as indicated filed and referred to I al and; Community management Plan Historic FederaF Build Seconded by Connors ( the City Attorney Serviceifor foup VISTA .I Catfish`Creek Water mg 350-W 6th Street Motion carried 7 0: I 3t Disposition of I positions focused on shed Mapagement Plan Present Mayor_;Buol, 1 Minutes and Claims City,Attorney 'the Thirtl'Gratle Read-;) •Watershed Planning` `Council Members 'Reports Submitted l advising that the .;ing Initiative Upon ' Steps; (Addresses Braig, Connors; Johes, i'Ar s and' Cultural folloWmg claims haUe motion tjhe documents' USEPA%Iowa'.DNR 9. Lynch,Resnick,Sutton !Affairs Advisory Com beeh'refe,rrred to Public �were .received ,filed Eleme ts) C(ty Manager Van tnissjon '2/25, 3/10 Eotit Ris, Seryioes of and approved • Watershed Field ;Mdhgen'City Attorney IHjstoric -Preservation LLL lowa-,the agent foY the 5 :Dubuque Marina..: Inventory Lindahl Commiss 0h of ,3/19 low's' Communities 'I Assignment of Lease: i portant Natural„ MayorBuoi read the i'Library Board of + Assurance Pool. ;City Manager recom AYeas call and stated this is a Trustees of 1/22 2/17 Shanita Alexagder for mending approval of •.Future Land Use/ regular sesslon'of the I Sister City Relationship yeillole damage; the Assignment` .of Land;Cover City Council called for Advisory Commission Krlstihe Blakeman for Lease vlth fhe under Green Infrastructure the ;'purpose ' o . 'of 3/18;'; Proof .of vehicle damage Carol !standing that. the Network j' ;` conducting such;b' :Publicatioh•City Coun I Boge` for property Assignment of Lease Water Quality Ce .' ness tbak may properly cil proceedings of 2/15 F damage, Lihda Chong. i should .;not be .con tela Exceedancgs 1 come.'before`the-City 3/2 3/3, J/5' Upon J for ;proper damage; sidered; by Pier Pollutant Loading Council. motion the"tlocuments Jennifer Feist for Pressure; Marine IA, Model Results ,' PLEDGE OF Were received'. and personal imury, .Will. Inca as any ind(cation r'Flood Problem Areas VALLirG PNCE flied Gross forl. . property of whether the city will i ` 81icy Recominenda PROC AATION(S) 2 Notice of Claims damage, Robert, Hall."'or will not agree to an 1 1 Comunity Devel acid Suits Shanita for property:damage; extension of the Lease. tions' opmentWeek(April 6 i Alexander, `'for vehicle Laura Merritt; ".'for ,Upon motion i the Site Specific Mana- 11) accepted by damage Kristine Blake property damage; documents were re- gement Measures l Theresa _ Caldwell I man for Vehicle James Meyer for-i ceived, filed and Detention Basin President; of ` The damage Carol .Boge property -damage; approved E Recommendations Washington Neighbor- for property damage Thomas Miller for 6. North' Cascade l •Wetland Restoration hood Association` Linda Chong for personal injury; Mark' Road Developers Agree 2: Mayor's Day of property damage; Jen Sarazm.for .property ment:: City Manager i" Sfreambank; Chan- ' Recognition for Na nifer,Foist;for personal damage; Joyce and �,recommending appro i nel, ' & Riparlan tional Service (April 7) ; In1UrY; Will Gross for Albert Wiendenbacher'�,val of the North Restoration Natalie,,Blatz Ameri property' damage; for"property.damage: Cascade Road Devei- •.Stream & Riparian Corp Partners m Robert Hall for Oro- Upon . motion 'the opers Agreement. Up - Stream - Learning; and Beth�` perty. damage; Laura .� documents 'Were re on motion the docu- •Green Infrastructure 1' Keichen, Project Direc MerrJtt foi' property ceived, filed ' and ments were received, Protection Areas for with Retired and damage; James Meyer concurred. filed and approved. •Existing Agricultural ' Senior Volunteer'Pro for property damage; 4:°AmeriCorps VISTA 7. US Department of Management Practices gram �' Thomas ",Miller" for I Project Application: -- for Tobacco License year term through Germah-Bank Bu(Iding'•,-1 Holder = Dave's Cono. January 11, 2016. 342 Maln Street co: Ci y Manager Seconded by Lynch. Motion ,by,.Connors to , ceived:and "filed and recomme ding,appro- Motion carried;?0. receive and file the Resolution No..- 99-15 vAl ',of the Acknow- PUBILIC HEARINGS: documents and adopt' Approving the Acqui- .ledgement/Settlement Upon motlonthe rules. Resolution No, 120-15: sition; of Easements Agreement for ,: a were suspended ' to Approving .an Inter- Upon• Real ".Estate tobacco compliance, allow anyone' present creditor Agreement,•. Owned. by ,Patricia F. violation `for DaVe's to `address. the City: Between the City of Furuseth' In Dubuque ,Conoco;500 Locust>St. Council and : the" Dubuque, , Iowa. and, Co,nty, Iowa and Upon, motion. -'the following items.• Premier Bank.; -'Sec- , esolution No.,100-15 documents. were,:re- 1. SRF Green Alley onded.by Jones,Motion Accepting Grant of 'ceived, • filed and Project-Bid Set 7 Year carrie'd;7-0.. Easements Upon Real approved. 1: Proof of publication q.Funding to Increase Estate Owned' by 29. Tobacco Com on notice of. public Library r Hours:; City, i Patricia F. Furuseth in pforliance Civil .Penalty hearing to 'consider Manager, recommend D'ubuque.County, Iowa .Tobacco License approval of plans, (ng approval of an were adopted. Holder- Family Dollar: specifications, form of allocation in the Fiscal 19..Utility Easements- City Manager recom contract, ,and esti- year 2016 budget,sub-,;I O'Rourke Property: ,mending 'a proval of mated cost of the SRF ject to a;future budget City,Manager, recom- the Acknowledgement/ Green Alley Project.Bid amendment.Motion by, mending approval of, Settlement Agreement Set 7—Year-1 and the Connors to receive and .. the purchase ,of an for a tobacco rom- Gity;:Manager recom file the documents and,,i Easement Agreement _pliance. violation for mending approval approvethereoommen from Paul O'Rodrke.for Family.'Dollar,#1599, Motion,by,Connors to,.dation.. Seconded by the"colisteuction of.the 2013 central Avenue .receive and file the Jones.Motion earriedd 0. Utility Extension to-the #4. Upon motonahe documents and adopt;. 5 Examining.Board 1.Dubuque Regional ;documents were re Resolution, No. 111;-15 Memb"ec A 'porntiiient: Airportand approval of -�celved, ',=filed antl -Approval ".of..',Plans Correspondence from a,,resolution,'auflior- approved:: Specifications, Form of Ripk Engelken, '- City izing the Clty,Manager 30 Alcohol License Contract and ,Esti Assessor ',.requesting Housing "and Urban 11 Petbdta,Ccntract -the Contrac AMount to to take ,such,'further 'Applications City Man- mated Cost for the,SRF appoigtment of a CIty., Development; (HUD) Renewal City Manager,.fhe .'Contractor 'vyas action'as is required to .ager ;recommending. Green Alley;,Bjd Set.7 Council member to the Resiliency Grant'Appll recommending" ap- adopted: complete the purchase approval; of annual Year 1 Project. .and Examning Board Our - span Phase ii City, ,proval of a'.Tenewal Q6. Acc'ptahce-of of the, .Easements.;-'liquor, beer, and wine Resolution, No. 112-15 suant;to.. )ov a.Code Manager, recom lend-, agreement with Pet- Temporary Easement ', Upon motion the licenses as submitted, With Respect to the_ 44113, :and documen- ing- approval for,-the. Data ':Inc for ails,p'et ; for Grading and_Con,I documents were re. ,Upon ;motion.,, ;the_Adoption. of . the. tation of. such- ap-,; submission of a Phase`I' licensing service that "structipn :; and-- a.`I ceived',and..filed,,and 'docurmenfs-.weTe. re- Resolufioil of Necessity poMtment,-Motion"by ,applicatibfi!Ab"the'US processes the sale of ''Permanent Easement-1 Resolution No,;101 15 ,'ceived,,amid filed:and Proposed.for-"the.SRF- ".Connors to receive and Department.of Housing ,all dog;'and caflicenses '.foe Samtary sewer Approving the?Acqui Resolution`,No. 107-15 .Green Alley Bid Set, file the documents antl; And Of ban';Develop- ,in'the City of'D'Ubuque. from bayls place L'LC,; i sition of Easemepts .Approving applications . ,Year 1 •Prbiecf and appoints Council mem meet National Disaster- Upoh >` motion` 'the `City"Mana:pllger recom Upon Real, :Estate' ;for beer,,liquor,and/or ,Resolution,' No 113-15; per -.L•ynch to the "Resilience. Competi documents !sere re ' ,Mending acceptanee.of j Owneq,,by.,O'Rou"rke wine permits, as Appeoving;Schedule,of; Examining Board. Sec tion Upon mbtiom the 'delved, flied," and -;'a temporary,easement Farms':LLC in Dubuque, :required by; City,. of Assessments 'and Esti onded by Lynch. doeuments_'were ire approved for grading and i,Counfy Iowa and ,.Dubuque. .Code of mate of Total Cost�for. Motion'carried, .-0., i,ceived, filed "'and 12 Concession construction "•and;t; a Resolution No.,,,102 15,; Ordinances Title 4 • the,SRF Green,Alley Bid: 6. Request for Work approved. Agreement Flora and 'permanent, easement Accepting.,_ Grant of ,;'Business ;;and License set? Year. Project., ,Session Parks;,to 8 Community Sutton'Swimming Pool: for sanitary 'sewer Easements Upon Real Regulations„Chapter 2 Seconded by .Jones.' Peoplo: City,Manager Working/Investing in. City SManagery'recom from The Davis Place' Estates, owned., By• Liquor.Control,•Article Motion earned 7--0.- recommending City Neighborhood Stabil- mending"acceptance of LLC:Upon'niot(oh',.aYie O'Rourke,Farms LLC In B..Liquor " Beer, and , 2. 253 Mam St. ” Council; schedule a izatlon (WINS)' Grant 6 'latest bid from"Paul `documents Were re D�rbuque County, Iowa :.Wine; Licenses� .and Development'. Agree work.,session,ori.May, Program;City,Manager Connors to operate the `;ceived and 'filed and were adopted.';,,• Permits was adopted. meat Proof. of pub + 18,2015 at,5:15 pm for recommending ap pool concessions.�1pon Resolution. No. 97-15 20..UAl l "Easements ITWS SET FOR' Ile'ation Orr'notice of . Parks to People. Mo- proVal of tWsubmlttal ` motion the documents °Accepting`a Grahf`of Speigel,P"roperty. City PUBLr.ICHEARING public hearing for the ..tion byJones to:,setthe of The Well§Eargo/U:S. Were 're`ceive'd,' filed ':Temporary "Easement Manager recommend Motion`by Lynch to approval of the work. session. as Confeee'nce'of'Mayors and approved. for'Grading and Con frig approval of a Grant receive.,and ,file.,the Development.` Agree- recommended. r..Sec- WINS Sec- WINS 13. Iowa Department 9trubtlon''and'Perma of "Easement:;for' .the documents, adopt the ment with Ken. Ober- onded`by Brai•g.;Motion !'(Working/Ihvesting in of '':Transportation hent. "Easement for Royal.Oaks Develop ;resolutions -set the broeckl(ng to reds carrled:7 0. Neighborhood, Stabill- Grant;Agreement for Sanitary ` Sewer fnent;corporation Pro- -public ..hearings... as velop property at.253 COUNCIL,MEMBER i'nation) Granf Program County/City Tra(Ihead- Through, Over .anil` peels and authori2ation-.Indicated; and direct Main Street into,four REPORTS: joint ,applicatlon, in Corrected Version:City Across Part of.Lot 3`in for the City Manager to the ,city Clerk:r to. ,market rate ,.apart- Council member.Braig partnership ;With lire Manager:recommend Davis'Place'II,Ain'the execute the ,Grant of publish notice as_ meets and :•the :City.`acknowledged and Community Fbundat(on ;mg,,approval of the City of DLbuque, Iowa Easement for the ,prescribed by ,law. Manager recommend- thanked , Boy. 'SCout.. `of' :Greater° Dubuque„ corrected'version of 'was,adopte'd: ', proposed.construction ,:Seconded by Connors irgi-approval, Motion Teo oP 69 for attend,ingI '. and Northeast° Iowa the•Iowa Department 17: Final Plat !for of,the";Utility Extension Motion,carried 7 0.• by; Lynch .to receive the"City Council meet- Community College. ofTransportatlon'granti Derby'Grange Acres: to ,,,`;the , Dubuque 1.,Upper Bee Branch and,filethe documents (ng.. Upon motion the dodo agree"Ment for' the City•Manager recom Regional Airport. Upon, -,Creek Channel,Streets .and adopt.`Resolution Councll member ments wer& received County/City Heritage `mending 'approval of motion.the documents and Utilities,,Project: No 114-15 Appeoving a Lynch requested staff `filed"arid approved: Trail Parking Lot along the'Final Plat of'Derby were received and filed .'City Manager recom -.-Development ,Agree devote time,to anves- 9:Arbon the River S. •Jolie ,Deere Road. Grange Acres'subject and:Resolut(on,No.103- ,.;mending:; authorizing Ment B.etweett.the City tigating and Improving,; Alts and' Cultural Upon ;"motion' . the to ".allowing 22foot 15 Accepting Grant of _'thg public; .bidding b' and options to ,prevent Affairs Advisory Com documents,' were. re- paving width" `'for' Easement .Upon ;Real prbcess'and establi.Sh a ,Ken Oberbroeckling possible child abduc mission"Modified Re delved; filed antl 'country ;View';,Drive Estate,Owned py Royal„public.jiearmg:for`April,,.and„ the,Issuance of tines. commendation: Tne approved and Country View Oa s Development 120, 2015 for,the-,Upper Urban Renewal;•Tax Council,, member Arts and Cultural 14: Multicultural `Court, a`25 foot ;;lot Corp`oratiofi`In Dubu- Bee Branch Greek, Increment Revenue Jones ;`•congratulated Affairs Advisory Com Family Center:'Agree- ':frontage for Lot 6,'And ,,uoXounty, lbws was Channel,;; Street ;:antl bpilgations.`;Seconded Ben JacolZson from r 9 , mission is recommend- Ment. ,Cit Manager waiving:$ections'11-20 adopted', Utilities:Pro ect.:Upon• by Connors: Motion 'Telegraph Harold Id-'on , _ Y 9 p 1 mg' that =the City, recommending appro Water Supply, 11->21` 21;UtilityEasements motion the documents Qarried4 0 his recent promotion Council .concur with vat ':of the° First Sanjtary,Sewer, 11 23 Tracy. Property: City vJerereceived And filed 3: 1576 Locust St PUBLIC INPUT' the'updated;2015 Art Ainendm`eht to 'the gbl(gation' to Ins all Manager recommend-` and Resolution No.'168- Development , Agree- Allen,Troupe 2003 Key on', the River jury •Agreement between "improvements'and 31 ing 'approval of the 15 Upper Bee Branch Ment: Proof of Way Apt. 2, thanked selections and recom the City'"of Dubuque 24 Improvement Guar` purchase of an Creek Channel, ,Publication on notice the council. for their Mendations for out she the MgW6Ulfural antees :Upon' motion Easement .Agreement Streets & Utilities of public hearing`to decision to rezone the ,door sculpture at f Familyl`Center: ,Upon the •documents Were fibril,Willlam'D Tracy;"'Project Preliminary''A' approve the;Develop= property at 2750 I PoWof Dubuque.Upon motion the"documents received and filed and William'C.'..Tracy and• ,proval : 'of Plans, Ment Agreement'With• Balboa Drivefor.Mary's motion the documents" Were `:received," filed Resolution` No' 98-15 Kay'`J'.'Tracy;for the Specifications,Form of Chris and . Gary •Inn. were received, •filed and approved. A proving' the 'Final ! construction of the Contract,tL''and ;Esti- Stelpflug for redevelop- CLOSED,SESSION and approved: • ' 15.Water&Resource Plat.of-Derby Grange .I Utility Extension to the mated,'Cost;. Setting. ment ._ of., property Motion by Jones,to 10. Cortimunity'"Recovery Center Acres 'ire Dubuque j Dubuque`, Regional ;Date,of Public Hearing located at 1576 Locust . convene , in, ;closed Development" Block ' ON&RRC)Cogeneration County; "' owa Was Airport and approval of 'on Plans; Specifics- Street into .`three session at 7:45 p.m.to Grant FY 15< Annual Facilities Project ''adopted;" . a ;resolution ,author+ tions, Form of Con ' apartments`and. 'tire discuss property:acqui Action Plan Amend Acceptance: City,Man- 18.Utility Easements-. izing the city.Ma :tact, and Estimated' City Manager recom- sition:,";pursuant' to m'ent 2: City Manager ager i_ recommending Furuseth Property:;City j to''take such further Cost;and Orderinglahe mending approval. Chapter; 21.5(1)(j) of recommending appro acceptance of; the Manager recommend action.as is.requIred to Advertisement for,Bids Motion by Lynch: to the rCode. of Iowa. Val',of the.Community construction 'contract ,ng.'approvai of the complete the purchase was adopted settng.a 'receive and,file the Seconded by;Resnick. Development' Block for the Water' and purchase of an of the Easements. public ;hearing +foT'a documents and adopt Mo lon'carried Z=O. Grant,Fiscal Year 2015 Resource Recovery Easement Agreement Upon;: motion the meeting to colnlgience Resolution No. 115-15 Uion'motion the Cl Annual Action Plan Center; Cogeneration from Patricia Furuseth documents 'were re at-6:30 pap on Apr(120, Approving 'a Develop- Co ncil reconvened in Amendment"2. Upon' Facilities Project; as 'for the construction'of i'ceived and filed and 2015 in the Historic I ment Agreement `Be- open session:at 8:12 motion the documents completed by Total the utility'extension to ; Resolution No: 104-15 Federal;Bdiidinb';;11'i tween the-;;City',of p, , stating,that staff ; were received and filed Mechanical Services, the Dubuque Regional', .Approving the Acqul 2. Upper Bee'Brapgh Dubuque,•i-ldwa and h d,been given proper and Resolution No. 95- Inc..Upon motion the Airport and approval of! sition of Easements Creek Structures Pro Weaver Castle, LLC: d•rection., . 15` Approving Fiscal documents were re resolutions authorizing Upon` Real - Estate sect City Manger ,Seconded by Resnick. There .being no 'Year 2015' (Program. ceived and filed' and the City Manager to Owned by Witham:D, . recomniending aut or- Motion carried 7-0. ether:business; upon Year 2014) Annual Resolution No. 96-15 take such further Tracy, William. =C. izing the publ(e blddln9 i,. 4 Fiscal Year 2015 otionthe City Councll "Action Plan Amend Accepting the Water action'as is;required'to' Tracy,,Kay J.'Tracy In :process:and establish a �Secontl Budget Amend- djourned at 8:13 p.m: ment 2 for Communit - and Resource Recovery `complete the purchase. Dubuque County, Iowa public hearing fior April !pent. city':Manager /s/Trish L.Gleason, Development Block Cogeneration Facilities of the Easements. and Resolution No.105 20;2015 for the Upper r'ecomenending appro- Assistant City Clerk Grant (CDBG) Funds Project and 'Author Upon motion the 15°Accepting Grant of Bee Branch Creek - vat of the second Fiscal It 4/15 was adopted, (zing .the Payment of 'documents were re- .Easements Upon Real Structures, Project. .Year 2015, ,rBudget Estate "Owned by Upon motion:the,docu- Amendment:Motion by UCVCIV�)IllGlll olul.n 1. Ycl-1-1-1 Iu Grant (CDBG) Funds Project and Author- Upon motion the 15 Accepting Grant of Bee, Branc Creek va o e sero ,was adopted. izing the Payment of 'documents were re Easements Upon Real 'Structures t Project. Year. 2015 Budget -' Estate Owned by Upon motion the docu- At7endment Motion by William' `D. Tracy, `ments were received Jones to receive and William C.Tracy;Kay J. "-and .filed an'd-T eso-" file the'documents and Tracy In Dubuque lutlon 4 No. . io915 adopt, Resolution No. County, Iowa .were ,Preliminary Approval 11615 I{mehdlrig .the adopted. of Plans;l •Soecifica„ Current Budgetifor-the 22: Mediacom Com-' tions, Form Of ` Fiscal Yea'r.•Endmg J Con- une munidVens Company: tract, and Estimated 3 .2015 -(as>,amended Correspondence •from­c'60St; Setting'Date of. last on •,09/15/2014)•`, Lee'',Grassley;;,Senior ' Public Hearing on Jacob,: Long 4604 Manager,,.of,`,Govern- 'Plans , Specifications "Ca"rdinal Dr, addressed meet ' Relations..,'for,. `Form of Contract;;and tn'e council;stating;his Mediacom Communl- Estimated Cost; and,, concerns regarding the cations Company in- Ordering the Adver cities' credit c•rating, forming the,, :City, of tiseinenf.,for Bids was increased :fees, and programming -adjust= adopted',`setting" a upcoming '•debt.,.Sec merits being impie public, hearing for a onded by Braig Motion Merited on,or,about meeting to commence carried 7-0: April15, 2015 ,Upon .at 6:30 p.m on April 20, 5 Vacate; Access, motion the documents2014 ih: the Historic Utility and ' Storm were -recelvedl and Federal Building.'- Water Drainage.Ease filed: 3. North .Cascade Ment- Lot C Reche's . 23. EPA Brownfields` Road Housing = Urbari Subdivision:-'University Area=Wide.: Plannirig Renewal Plan Amend- .of;Dubuque_-:Physician's; Program "Grant: ,City ment: City Manager AssistahtBuildingAddi-, Manager recommend 'recommending ' City tion:` Proof: 0 pub- Ing a� approval.• and Council' adopt S,,the ' lication ori; notice of acceptance of the Resolution of Necessity public hearing to Environmental",P to begin the process'of roacate the easement:of tion, Agency: Brown- creating the , ,Lot C,Reches Subdi- flelds Area-Wide Plan- Renewal Plan for the viston,'and'tr'ansfer of ning Program Grant;''.. North--.,Cascade. Road ownership;'and maln- Upon motion 'the, Housing Urban,R,enew tenance, :responsibil- documents `were re ' al Area and set a public sties for the public ceived, filed and,: hearing for May;4;2015 sanitary sewer gat nog approved oq adoption of` the cost io the University 24;Signed"contracts: AineHded Plan for the of Dubuque` !in Bee Branch CPeek•Rall- North L Cascade.:?Road, ,exchange ti for the road Crossing,Amend-' Housing Urban`Renew- transfer ofi oWnershilp ment to. Service ai Area. Upon motion and maintenance of Agreement with Can thb documents,;were. the sanitary sewer adian Pacific; Full'' received and filed antl. -:main to"tg"e University: Circle,-Organics; LLC Resolution No `11015 of Dubuque Motion by: Renewal of.Agreement., Resolution f,Necessity, , Connors,to receive and', Upon motion the Finding-, That Certain file the'dbcuments'and' documents ;were re-. Property 'Along North adopt 116solutlbn N,o. ceived and filed, Cascade Road is,an 117 15,-Disposing of 25: � Cetter •of Economic Development" City 'Interest in • an Commitment;-,Greater Area ':and that the . Access, ,Utility,,, and Dubuque Agriculture' Development of Said Storm Water Drainage and•Constructlbn'Ma Area is Necessary in Easement Over 'and chinery Manufacturing; the; ,Interest''of the •Across Lot:C df,Rech6!s Community- Appiica,_ Residents of the'City of Subdivisiorin the City tion .Subhiittal.of'this: Dubuque, Iowa;:and :of Dubuque,'Dubuque Letter of Commitment Setting' a . Date for. County, .:Iowa. .;Sec- to'the'Greate`r Dubuque? Hearing on a Proposed Shded by B'Wg.Motion Agriculture and Con Amendment to Urban.,,:--carried 7-0i struc tion Machinery. Renewal Plan.for Said Upon,motio6 the rules 'Manufacturing Com- District.Was adopted 'were'reinstated'llmI munity application setting: a public ng ,discussion.,.to,.the under.. consideration hearing for a meeting City Council. from•Northeast;Iowa, to commence.at 6:30 ACTION ITEMS , Community:: College p m.on May 4,2015 in 1 Eagle Point.Energy Ah­ d our tri state area 'the Historic Federal Power Purchase`Agree partners fora regional Building •menti Reinstatement: Investing z in Manu BOARDS/.4 City Manager recom- ; facturing Communities CbMMIsS10N8 mending "approval of Partnerships designa Applicants` Were :reinstating the August tion Upon•,motion the invited,to address the 1 2011 Agreement With j documents I.— ere Ye- 'City'GoLncil'regarding "'Eagle"Point Energy- 1, ceiyed filed and their'appomtmentl,to '.LLC effective May 1, approved.' the•following Boards/ 2015 Motion by Lynch 26 Airport Utility Commissions. 'to receive"and file the Extension Project 1.,Electri0l Code documents and adopt Accepting'Deed to tot Board'`. One,. 3 Year 'Resolution'No. 118-15 1_)f Silver=:oaks City, term through May 21 `:Reinstating theiftgu'st Attorney Barry Lmdahl 2017 ,(Va6aht,term ,of .1 2011 Agreement for recomjnend Ing` adopr Pfohl) Applicant Zach 'Solar'L''icerise and Pow tion of the.resolution; Dowell 2055 Winne Ct. ;:er Purchase be Upon motion the (Qualifies as. Jour ,the City ;of Dubuque, documents,,Were,`re- neyirian/Maintenance) Iowa=and'-Eagi''Point ceived and filed and Appointments to the Energy s 1; ; LLC. Resolution;No. 106-15 following Boards or 'Seconded by Jones. Accepting the Deed)to Commissions: Motlori earned 7 0. Lot i of Silver Oaks in 11.,,Environmental 2 ,Property Acqui Section` `23, ',,Table Stewardship Advisory ;silion Doris A. "Graf. Mound )Township Commission: One, T Farm:`:City ;Manager Dubuque Coupty,aowa, Year term through ,recommending.,appro- According I' to the October 11 2017 Val of an'•Offer to Buy Recorded Pjat Thereof ,(Vacant term of Real ',Estate` and from Royal Oaks Splittstoeser) Apph„ Acceptance to .pur- Development Corpol cant: Jalee Lynn' 'chase the 166:3 acre ation was adopted. Frbmrhelt, 2540 Ana-,,.:Graf Farm Motion by 27. Alcohol Com ,mosa Dr. Motion by Lynch,to receive;and pliance Civil •Penalty Braig Sto appoint' at 6,'`file the,documents`and for .Alcohol License. ,Lynn,Frommelt,to a-3- :.adopt.'Re solution No; Holder - Sam's Club: year' term through ,119 15 Approving''the City Manager recom=:October 1,. . •2017, Acquisition of '.Real mending', of, ,Seconded by Connors. Estate owned by Doris the Acknowledgment/ Mofion carried'7-o. ' A` Graf`' in Dubuque Settlement;Agreement 2 .Housing .Code *;County, Iowa ;;•Sec for an alcohol com- Appeals Board: One, 3 " onded by Connors. pliance violation for Year` term through Motion carried 7-0`. Sam's Club#4973,4400 January 11, 2016 (V,a-- 3.`Premier, Bank Asbury Road. Upon cant`Aermrof Kinsella) Intercreditor Agree- motion the documents Applicantu Ronald 'menti City Manager. were received, filed, White, 3197 Highland . recommending. apppro- and approved., Park, D6 Motion by val of ars (ntercreditor 28. Tobacco Com- Jones jto appoint Agreement with Pre- pneer Civil .Penalty Ronald White to a 3 inset eank� for`?the,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: April 15, 2015, and for which the charge is $368.30. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, CITY OF DUBUQUE, this /60 day of , 20 /5 IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on April 6, 2015 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session for the Catfish Creek Watershed management Plan. Catfish Creek Water- shed Management Plan • Watershed Planning Steps (Addresses USEPA/Iowa DNR 9 Elements) • Watershed Field Inventory • Important Natural Areas • Future Land Use/ Land Cover • Green Infrastructure Network • Water Quality Cri- teria Exceedances • Pollutant Loading Model Results • Flood Problem Areas • Policy Recommenda- tions • Site Specific Mana- gement Measures • Detention Basin Recommendations • Wetland Restoration Recommendations • Streambank, Chan- nel, & Riparian Restoration • Stream & Riparian Area Restoration • Green Infrastructure Protection Areas • Existing Agricultural Management Practices • High Priority -Critical Areas • State Revolving Fund (SRF) Sponsor- ship Project - Catfish Creek • Other Projects and Future Goals There being no further business, upon motion the City Council adjourned at 6:01 p.m. /s/Trish Gleason, Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 6, 2015 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such busi- ness that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Community Devel- opment Week (April 6- 11) accepted by Theresa Caldwell President. of The Washington Neighbor- hood Association 2. Mayor's Day of Recognition for Na- tional Service (April 7) Natalie Blatz, Ameri- Corp Partners in - Learning; and Beth Kelchen, Project Direc- tor with Retired and Senior Volunteer Pro- gram Notary Public in and or Dubuque County, Iowa. 3. Smart Money Week (April 18 - 25) accepted by Amy Muchmore, Adult Services Mana- ger, Carnegie -Stout Public Library CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Com- mission 2/25,- 3/10; Historic Preservation Commission of 3/19; Library Board of Trustees of 1/22, 2/17; Sister City Relationship Advisory Commission of 3/18; Proof of Publication •City Coun- cil proceedings of 2/15, 3/2, 3/3, 3/5. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Shanita Alexander for vehicle damage; Kristine Blake- man for vehicle damage; Carol Boge for property damage; Linda Chong for property damage; Jen- nifer Feist for personal injury; Will Gross for property damage; Robert Hall for pro- perty damage; Laura Merritt for property damage; James Meyer for property damage; Thomas Miller for personal injury; Mark Sarazin for property damage; Elizabeth Smith for property damage; Trigger Hap- py Tattoo for revenue loss; Joyce and Albert Wiendenbacher for property damage. Upon motion the docu- ments were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Shanita Alexander for vehicle damage; Kristine Blakeman for vehicle damage; Carol Boge for property damage; Linda Chong for property damage; Jennifer Feist for personal injury; Will Gross for property damage; Robert Hall for property damage; Laura Merritt for property damage; James Meyer for property damage; Thomas Miller for personal injury; Mark Sarazin for property damage; Joyce and Albert Wiendenbacher for property damage. Upon motion the documents were re- ceived, filed and concurred. 4. AmeriCorps VISTA Project Application: City Manager mending approval of the AmeriCorps VISTA grant application to the Corporation for Nation- al and Community Service for four VISTA positions focused on the Third Grade Read- ing Initiative. Upon motion the documents were received, filed and approved. 5. Dubuque Marina Assignment of Lease: City Manager recom- mending approval of the Assignment of Lease with the under- standing that the Assignment of Lease should not be con- sidered by Pier Pressure Marine IA, Inc. as any indication of whether the City will or will not agree to an extension of the Lease. Upon motion the documents were re- ceived, filed and approved. 6. North Cascade Road Developers Agree- ment: City Manager recommending appro- val of the North Cascade Road Devel- opers Agreement. Up- on motion the docu- ments were received, filed and approved. 7. US Department of MARY K. WESTER19EYER Commission Number 154885 My Comm, Eho, FEB 1, 2017 Housing and Urban Development (HUD) Resiliency Grant Appli- cation - Phase I: City Manager recommend- ing approval for the submission of a Phase I application to the US Department of Housing and Urban Develop- ment National Disaster Resilience Competi- tion. Upon motion the documents were re- ceived, filed and approved. 8. Community Working/Investing in Neighborhood Stabil- ization (WINS) Grant Program: City Manager recommending ap- proval of the submittal of The Wells Fargo/U.S. Conference of Mayors Community WINS (Working/Investing in Neighborhood Stabili- zation) Grant Program joint application in partnership with the Community Foundation of Greater Dubuque and Northeast Iowa Community College. Upon motion the docu- ments were received, filed and approved. 9. Art on the River - Arts and Cultural Affairs Advisory Com- mission Modified Re- commendation: The Arts and Cultural Affairs Advisory Com- mission is recommend- ing that the City Council concur with the updated 2015 Art on the River jury selections and recom- mendations for out- door sculpture at the Port of Dubuque. Upon motion the documents were received, filed and approved. 10. Community Development Block Grant FY15 Annual Action Plan -Amend- ment 2: City Manager recommending appro- val of the Community Development Block Grant Fiscal Year 2015 Annual Action Plan - Amendment 2. Upon motion the documents were received and filed and Resolution No. 95- 15 Approving Fiscal Year 2015 (Program Year 2014) Annual Action Plan Amend- ment 2 for Community Development Block Grant (CDBG) Funds was adopted. 11. PetData Contract Renewal: City Manager recommending ap- proval of a renewal agreement with Pet - Data, Inc. for the pet licensing service that processes the sale of all dog and cat licenses in the City of Dubuque. Upon motion the documents were re- ceived, filed and approved. 12. Concession Agreement - Flora and Sutton Swimming Pool: City Manager recom- mending acceptance of the latest bid from Paul Connors to operate the pool concessions. Upon motion the documents were received, filed and approved. 13. Iowa Department of Transportation Grant Agreement for County/City Trailhead - Corrected Version: City Manager recommend- ing approval of the corrected version of the Iowa Department of Transportation grant agreement for the County/City Heritage Trail Parking Lot along S. John Deere Road. Upon motion the documents were re- ceived, filed and approved. 14. Multicultural Family Center Agree- ment: City Manager recommending appro- val of the First Amendment to the Agreement between the City of Dubuque and the Multicultural Family Center. Upon motion the documents were received, filed and approved. 15. Water & Resource Recovery Center (yV&RRC) Cogeneration Facilities Project Acceptance: City Man- ager recommending acceptance of the construction contract for the Water and Resource Recovery Center Cogeneration Facilities Project, as completed by Total Mechanical Services, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 96-15 Accepting the Water and Resource Recovery Cogeneration Facilities Project and Author- izing the Payment of the Contract Amount to the Contractor was adopted. 16. Acceptance of Temporary Easement for Grading and Con- struction and a Permanent Easement for Sanitary Sewer from Davis Place LLC.: City Manager recom- mending acceptance of a temporary easement for grading and construction and a permanent easement for sanitary sewer from The Davis Place LLC. Upon motion the documents were re- ceived and filed and Resolution No. 97-15 Accepting a Grant of Temporary Easement for Grading and Con- struction and Perma- nent Easement for Sanitary Sewer Through, Over and Across Part of Lot 3 in Davis Place II, in the City of Dubuque, Iowa was adopted. 17. Final Plat for Derby Grange Acres: City Manager recom- mending approval of the Final Plat of Derby Grange Acres subject to allowing 22-foot paving width for Country View Drive and Country View Court, a 25-foot lot frontage for Lot 6, and waiving Sections 11-20 Water Supply, 11- 21 Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11- 24 Improvement Guar- antees. Upon motion the documents were received and filed and Resolution No. 98-15 Approving the Final Plat of Derby Grange Acres in Dubuque County, Iowa was adopted. 18. Utility Easements Furuseth Property: City Manager recommend- ing approval of the purchase of an Easement Agreement from Patricia Furuseth for the construction of the utility extension to the Dubuque Regional Airport and approval of resolutions authorizing the City Manager to take such further action as is required' to complete the purchase of the Easements. Upon motion the documents were re - Legal Notices for Tobacco License year term through Holder - Dave's Cono- January 11, 2016. co: City Manager Seconded by Lynch. ceived and filed and recommending appro- Motion carried 7-0. Resolution No. 99-15 val of the Acknow- PUBLIC HEARINGS Approving the Acqui- ledgement/Settlement Upon motion the rules sition of Easements Agreement for a were suspended to Upon Real Estate tobacco compliance allow anyone present Owned by Patricia F. violation for Dave's to address the City Furuseth In Dubuque Conoco, 500 Locust St. Council and the County, Iowa and Upon motion the following items. Resolution No. 100-15 documents were re- 1. SRF Green Alley Accepting Grant of ceived, filed and Project - Bid Set 7 Year Easements Upon Real approved. 1: Proof of publication Estate Owned by 29. Tobacco Com- on notice of public Patricia F. Furuseth in pliance Civil Penalty hearing to consider Dubuque County, Iowa for Tobacco License approval of plans, were adopted. Holder - Family Dollar: specifications, form of 19. Utility Easements - City Manager recom- contract, and esti- O'Rourke Property: mending approval of mated cost of the SRF City Manager recom- the Acknowledgement/ Green Alley Project Bid mending approval of Settlement Agreement Set 7 - Year 1 and the the purchase of an for a tobacco com- City Manager recom- Easement Agreement pliance violation for mending approval. from Paul O'Rourke for Family Dollar #1599, Motion by Connors to the construction of the 2013 Central Avenue receive and file the Utility Extension to the #4. Upon motion the documents and adopt Dubuque Regional documents were re- Resolution No. 111-15 Airport and approval of ceived, filed and Approval of Plans, a resolution author- approved. Specifications, Form of izing the City Manager 30. Alcohol License Contract, and Esti- to take .such further Applications: City Man- mated Cost for the SRF action as is required to ager recommending Green Alley Bid Set 7 - complete the purchase approval of annual Year 1 Project and of the Easements. liquor, beer, and wine Resolution No. 112-15 Upon motion the licenses as submitted. With Respect to the documents were re- Upon motion the Adoption of the ceived and filed and documents were re- Resolution of Necessity Resolution No. 101-15 ceived and filed and Proposed for the SRF Approving the Acqui- Resolution No. 107-15 Green Alley Bid Set 7 - sition of Easements Approving applications Year 1 Project and Upon Real Estate for beer, liquor, and/or Resolution No. 113-15 Owned by O'Rourke wine permits, as Approving Schedule of Farms LLC in Dubuque required by City of Assessments and Esti- County, Iowa and Dubuque Code of mate of Total Cost for Resolution No. 102-15 Ordinances Title 4 the SRF Green Alley Bid Accepting Grant of Business and License Set 7 - Year 1 Project. Easements Upon Real Regulations, Chapter 2 Seconded by Jones. Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Upper Bee Branch Creek Channel, Streets and Utilities Project: City Manager recom- mending authorizing the public bidding process and establish a public hearing for April 20, 2015 for the Upper Bee Branch Creek - Channel, Street and Utilities Project. Upon motion the documents were received and filed and Resolution No. 108- 15 Upper Bee Branch Creek - Channel, Streets, & Utilities Project Preliminary Ap- proval of Plans, Specifications, Form of Contract, and Esti- mated Cost; . Setting Date of Public Hearing on Plans, Specifica- tions, Form of Con- tract, and Estimated Cost; and Ordering the Advertisement for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 20, 2015 in the Historic Federal Building. 2. Upper Bee Branch Creek Structures Pro- ject: City Manager recommending author- izing the public bidding process and establish a public hearing for April 20, 2015 for the Upper Bee Branch Creek - Structures Project. Upon motion the docu- Estate Owned By O'Rourke Farms LLC In Dubuque County, Iowa were adopted. 20. Utility Easements - Speigel Property: City Manager recommend- ing approval of a Grant of Easement for the Royal Oaks Develop- ment Corporation Pro- perty and authorization for the City Manager to execute the Grant of Easement for the proposed construction of the Utility Extension to the Dubuque Regional Airport. Upon motion the documents were received and filed and Resolution No. 103- 15 Accepting Grant of Easement Upon Real Estate Owned by Royal Oaks Development Corporation in Dubu- que County, Iowa was adopted. 21. Utility Easements - Tracy Property: City Manager recommend- ing approval of the purchase of an Easement Agreement from William D. Tracy, William C. Tracy and Kay J. Tracy for the construction of the Utility Extension to the Dubuque Regional Airport and approval of a resolution author- izing the City Manager to take such further action as is required to complete the purchase of the Easements. Upon motion the documents were re- ceived and filed and Resolution No. 104-15 Approving the Acqui- sition of Easements Upon Real Estate Owned by William D. Tracy, William C. Tracy, Kay J. Tracy In Dubuque County, Iowa and Resolution No. 105- 15 Accepting Grant of Easements Upon Real Estate Owned by William D. Tracy, William C. Tracy, Kay J. Tracy In Dubuque County, Iowa were adopted. 22. Mediacom Com- Motion carried.7-0. 2. 253 Main St. - Development Agree- ment: Proof of pub- lication on notice of public hearing for the approval of the Development Agree- ment with Ken Ober- broeckling to rede- velop property at 253 Main Street into four market rate apart- ments and the City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 114-15 Approving a Development Agree- ment Between the City of Dubuque, Iowa and Ken Oberbroeckling and the Issuance of Urban Renewal Tax Increment Revenue Obligations. Seconded by Connors. Motion carried 7-0. 3. 1576 Locust St. - Development Agree- ment: Proof of Publication on notice of public hearing to approve the Develop- ment Agreement with Chris and Gary Stelpflug for redevelop- ment of property located at 1576 Locust Street into three apartments and the City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 115-15 Approving a Develop- ment Agreement Be- tween the City of Dubuque, Iowa and Weaver Castle, LLC. Seconded by Resnick. Motion carried 7-0. 4. Fiscal Year 2015 Second Budget Amend- ment: City Manager recommending appro- val of the second Fiscal Year 2015 Budget Amendment. Motion by ments were received Jones to receive and and filed and Reso- file the documents and lution No. 109-15 adopt Resolution No. Preliminary Approval 116-15 Amending the of Plans, Specifica- Current Budget for the tions, Form of Con- Fiscal Year Ending June munications Company: tract, and Estimated 3 2015 (as amended Correspondence from Cost; Setting Date of last on 09/15/2014). Lee Grassley, Senior Public Hearing on Jacob Long, 4604 Manager of Govern- Plans, Specifications, Cardinal Dr., addressed ment Relations for Form of Contract, and the council stating his Mediacom Communi- Estimated Cost; and concerns regarding the cations Company in- Ordering the Adver- cities credit rating, forming the City of tisement for Bids was increased fees and programming adjust- adopted setting a upcoming debt. Sec- ments being imple- public hearing for a onded by Braig. Motion mented on or about meeting to commence carried 7-0. April 15, 2015. Upon at 6:30 p.m. on April 20, 5. Vacate Access, motion the documents 2014 in the Historic Utility and Storm were received and Federal Building. Water Drainage Ease - filed. 3. North Cascade ment Lot C Reche's 23. EPA Brownfields Road Housing - Urban Subdivision - University Area -Wide Planning Renewal Plan Amend- of Dubuque Physician's Program Grant: City ment: City Manager Assistant Building Addi- Manager recommend- recommending City tion: Proof of pub- ing approval and Council adopt the lication on notice of acceptance of the Resolution of Necessity public hearing to Environmental Protec- to begin the process of vacate the easement of tion Agency Brown- creating the Urban Lot C Reche's Subdi- fields Area -Wide Plan- Renewal Plan for the vision, and transfer of ning Program Grant. North Cascade Road ownership and main - Upon motion the Housing Urban Renew- tenance responsibil- documents were re- al Area and set a public ities for the public ceived, filed and hearing for May 4, 2015 sanitary sewer at no approved. on adoption of the cost to the University 24. Signed Contracts: Amended Plan for the of Dubuque in Bee Branch Creek Rail- North Cascade Road exchange for the road Crossing, Amend- Housing Urban Renew- transfer of ownership ment to Service al Area. Upon motion and maintenance of Agreement with Can- the documents were the sanitary sewer adian Pacific; Full received and filed and main to the University Circle Organics, LLC Resolution No. 110-15 of Dubuque. Motion by Renewal of Agreement. Resolution f Necessity Connors to receive and Upon motion the Finding That Certain file the documents and documents were re- Property Along North adopt Resolution No. ceived and filed. Cascade Road is an 117-15 Disposing of 25. Letter of Economic Development City Interest in an Commitment - Greater Area and that the Access, Utility, and Dubuque Agriculture Development of Said Storm Water Drainage and Construction Ma- Area is Necessary in Easement Over and chinery Manufacturing the Interest of the Across Lot C of Reche's Community Applica- Residents of the City of Subdivision in the City tion: Submittal of this Dubuque, Iowa, and of Dubuque, Dubuque Letter of Commitment Setting a Date for County, Iowa. Sec - to the Greater Dubuque Hearing on a Proposed onded by Braig. Motion Agriculture and Con- Amendment to Urban carried 7-0. struction Machinery Renewal Plan for Said Upon motion the rules Manufacturing Com- District was adopted were reinstated limit- munity application setting a public ing discussion to the under consideration hearing for a meeting City Council. from Northeast Iowa to commence at 6:30 ACTION ITEMS Community College p.m. on May 4, 2015 in 1. Eagle Point Energy German Bank Building, 342 Main Street. Motion by Connors to receive and file the documents and adopt Resolution No. 120-15 Approving an Inter - creditor Agreement Between the City of Dubuque, Iowa and Premier Bank. Sec- onded by Jones. Motion carried 7-0. 4. Funding to Increase Library Hours: City Manager recommend- ing approval of an allocation in the Fiscal year 2016 budget, sub- ject to a future budget amendment. Motion by Connors to receive and file the documents and approve the recommen- dation. Seconded by Jones. Motion carried 7-0. 5. Examining Board Member Appointment: Correspondence from Rick Engelken, City Assessor requesting appointment of a City Council member to the Examining Board pur- suant to Iowa Code 441.3 and documen- tation of such ap- pointment. Motion by Connors to receive and file the documents and appoint Council mem- ber Lynch to the Examining Board. Sec- onded by Lynch. Motion carried 7-0. 6. Request for Work Session - Parks to People: City Manager recommending City Council schedule a work session on May 18, 2015 at 5:15 pm for Parks to People. Mo- tion by Jones to set the work session as recommended. Sec- onded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Council member Braig acknowledged and thanked Boy Scout Troop 69 for attending the City Council meet- ing. Council member Lynch requested staff devote time to inves- tigating and improving options to prevent possible child abduc- tions. Council member Jones congratulated Ben Jacobson from the Telegraph Harold on his recent promotion PUBLIC INPUT Allen Troupe 2003 Key Way Apt. 2, thanked the council for their decision to rezone the property at 2750 Balboa Drive for Mary's Inn. CLOSED SESSION Motion by Jones to convene in closed session at 7:45 p.m. to discuss property acqui- sition pursuant ' to Chapter 21.5(1)(j) of the Code of Iowa. Seconded by Resnick. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:12 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:13 p.m. /s/Trish L. Gleason, Assistant City Clerk It 4/15 w.. ny up pvorcancc33,vm.-Vpvn Niuval of the submittal • of The Wells Fargo/U.S. Conference of Mayors Community WINS (Working/Investing in Neighborhood Stabili- zation) Grant Program joint application in partnership with the Community Foundation of Greater Dubuque and Northeast Iowa Community College. Upon motion the docu- ments were received, filed and approved. 9. Art on the River - Arts and Cultural Affairs Advisory Com- mission Modified Re- commendation: The Arts and Cultural Affairs Advisory Com- mission is recommend- ing that the City Council concur with the updated 2015 Art on the River jury selections and recom- mendations for out- door sculpture at the Port of Dubuque. Upon motion the documents were received, filed and approved. 10. Community Development Block Grant FY15 Annual Action Plan -Amend- ment 2: City Manager recommending appro- val of the Community Development Block Grant Fiscal Year 2015 Annual Action Plan - Amendment 2. Upon motion the documents were received and filed and Resolution No. 95- 15 Approving Fiscal Year 2015 (Program Year 2014) Annual Action Plan Amend- ment 2 for Community Development Block Grant (CDBG) Funds was adopted. nvavlu tivl l 11v. 7I -17 w McceNiy a GI al, ua Temporary Easement for Grading and Con- struction and Perma- nent Easement for Sanitary Sewer Through, Over and Across Part of Lot 3 in Davis Place II, in the City of Dubuque, Iowa was adopted. 17. Final Plat for Derby Grange Acres: City Manager recom- mending approval of the Final Plat of Derby Grange Acres subject to allowing 22-foot paving width for Country View Drive and Country View Court, a 25-foot lot frontage for Lot 6, and waiving Sections 11-20 Water Supply, 11- 21 Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11- 24 Improvement Guar- antees. Upon motion the documents were received and filed and Resolution No. 98-15 Approving the Final Plat of Derby Grange Acres in Dubuque County, Iowa was adopted. 18. Utility Easements - Furuseth Property: City Manager recommend- ing approval of the purchase of an Easement Agreement from Patricia Furuseth for the construction of the utility extension to the Dubuque Regional Airport and approval of resolutions authorizing the City Manager to take such further action as is required to complete the purchase of the Easements. Upon motion the documents were re- Speigel Property: City PUBLIC HEARING public hearing for°fiie` tioni oyionee to set the Manager recommend- Motion by Lynch to approval of the work session as ing approval of a Grant receive and file the Development Agree- recommended. Sec - of Easement for the documents, adopt the ment with Ken Ober- onded by Braig. Motion Royal Oaks Develop- resolutions, set the broeckling to rede- carried 7-0. ment Corporation Pro- public hearings as velop property at 253 COUNCIL MEMBER perty and authorization indicated, and direct Main Street into four REPORTS for the City Manager to the City Clerk to market rate apart- Council member Braig execute the Grant of publish notice as ments and the City acknowledged and Easement for the prescribed by law. Manager recommend- thanked Boy Scout proposed construction Seconded by Connors. ing approval. Motion Troop 69 for attending of the Utility Extension Motion carried 7-0. by Lynch to receive the City Council meet - to the Dubuque 1. Upper Bee Branch Regional Airport. Upon Creek Channel, Streets motion the documents and Utilities Project: were received and filed City Manager recom- and Resolution No. 103- mending authorizing 15 Accepting Grant of the public bidding Easement Upon Real process and establish a Estate Owned by Royal public hearing for April Oaks Development 20, 2015 for the Upper Corporation in Dubu- Bee Branch Creek - que County, Iowa was Channel, Street and adopted. Utilities Project. Upon 21. Utility Easements - motion the documents Tracy Property: City were received and filed Manager recommend- and Resolution No. 108- ing approval of the 15 Upper Bee Branch purchase of an Creek - Channel, Easement Agreement Streets, & Utilities from William D. Tracy, Project Preliminary Ap- William C. Tracy and proval of Plans, Kay J. Tracy for the Specifications, Form of construction of the Contract, and Esti- Utility Extension to the mated Cost; . Setting Dubuque Regional Date of Public Hearing Airport and approval of on Plans, Specifica- a resolution author- tions, Form of Con- izing the City Manager tract, and Estimated to take such further Cost; and Ordering the action as is required to Advertisement for Bids complete the purchase was adopted setting a of the Easements. public hearing for a Upon motion the meeting to commence documents were re- at 6:30 p.m. on April 20, ceived and filed and 2015 in the Historic Resolution No. 104-15 Federal Building. Approving the Acqui- 2. Upper Bee Branch sition of Easements Creek Structures Pro - Upon Real Estate ject: City Manager Owned by William D. recommending author - Tracy, William C. izing the public bidding Tracy, Kay J. Tracy In process and establish a Dubuque County, Iowa public hearing for April and Resolution No. 105- 20, 2015 for the Upper 15 Accepting Grant of Bee Branch Creek - Easements Upon Real Structures Project. Estate Owned by Upon motion the docu- William D. Tracy, ments were received William C. Tracy, Kay J. and filed and'Reso- Tracy In Dubuque lution No. 109-15 County, Iowa were Preliminary Approval adopted. of Plans, Specifica- 22. Mediacom Com- tions, Form of Con- munications Company: tract, and Estimated Correspondence from Cost; Setting Date of Lee Grassley, Senior Public Hearing on Manager of Govern- Plans, Specifications, ment Relations for Form of Contract, and Mediacom Communi- Estimated Cost; and cations Company in- Ordering the Adver- forming the City of tisement for Bids was programming adjust- adopted setting a ments being imple- public hearing for a mented on or about meeting,to commence April 15, 2015. Upon at 6:30 p.m. on April 20, motion the documents 2014 in the Historic were received and Federal Building. filed. 3. North Cascade 23. EPA Brownfields Road Housing - Urban Area -Wide Planning Renewal Plan Amend - Program Grant: City ment: City Manager Manager recommend- recommending City ing approval and Council adopt the acceptance of the Resolution of Necessity Environmental Protec- to begin the process of tion Agency Brown- creating the Urban - - fields Area -Wide Plan- Renewal Plan for the ning Program Grant. North Cascade Road Upon motion the Housing Urban Renew - documents were re- al Area and set a public ceived, filed and hearing for May 4, 2015 approved. on adoption of the 24. Signed Contracts: Amended Plan for the Bee Branch Creek Rail- North Cascade Road road Crossing, Amend- Housing Urban Renew- ment to Service al Area. Upon motion Agreement with Can- the documents were adian Pacific; Full received and filed and Circle Organics, LLC Resolution No. 110-15 Renewal of Agreement. Resolution f Necessity Upon motion the Finding That Certain documents were re- Property Along North ceived and filed. Cascade Road is an 25. Letter of Economic Development Commitment - Greater Area and that the Dubuque Agriculture Development of Said and Construction Ma- Area is Necessary in chinery Manufacturing the Interest of the Community Applica- Residents of the City of tion: Submittal of this Dubuque, Iowa, and Letter of Commitment Setting a Date for to the Greater Dubuque Hearing on a Proposed Agriculture and Con- Amendment to Urban struction Machinery Renewal Plan for Said Manufacturing Com- District was adopted munity application setting a public under consideration hearing for a meeting from Northeast Iowa to commence at 6:30 Community College p.m. on May 4, 2015 in and our tri-state area the Historic Federal partners for a regional Building. Investing in Manu- BOARDS/ facturing Communities COMMISSIONS Partnership designa- Applicants were tion. Upon motion the invited to address the documents were re- City Council regarding ceived, filed and their appointment to approved. the following Boards/ 26. Airport Utility Commissions: Extension Project - 1. Electrical Code Accepting Deed to Lot Board: One, 3 Year 1 of Silver Oaks: City term through May 21, Attorney Barry Lindahl 2017 (Vacant term of recommending adop- Pfohl), Applicant: Zach tion of the resolution. Dowell, 2055 Winne Ct. Upon motion the (Qualifies as Jour- documents were re- neyman/Maintenance) ceived and filed and Appointments to the Resolution No. 106-15 following Boards or Accepting the Deed to Commissions: Lot 1 of Silver Oaks in Section 23, Table Mound Township, Dubuque County, Iowa, According to the Recorded Plat Thereof from Royal Oaks Development Corpor- ation was adopted. 27. Alcohol Com- and file the documents and adopt Resolution No. 114-15 Approving a Development Agree- ment Between the City of Dubuque, Iowa and Ken Oberbroeckling and the Issuance of Urban Renewal Tax Increment Revenue Obligations. Seconded by Connors. Motion carried 7-0. 3. 1576 Locust St. - Development Agree- ment: Proof of Publication on notice of public hearing to approve the Develop- ment Agreement with Chris and Gary Stelpflug for redevelop- ment of property located at 1576 Locust Street into three apartments and the City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 115-15 Approving a Develop- ment Agreement Be- tween the City of Dubuque, Iowa and Weaver Castle, LLC. Seconded by Resnick. Motion carried 7-0. 4. Fiscal Year 2015 Second Budget Amend- ment: City Manager recommending appro- val of the second Fiscal Year 2015 Budget Amendment. Motion by Jones to receive and file the documents and adopt Resolution No. 116-15 Amending the Current Budget for the Fiscal Year Ending June 3 2015 (as amended last on 09/15/2014). Jacob Long, 4604 Cardinal Dr., addressed the council stating his concerns regarding the cities credit rating, increased fees and upcoming debt. Sec- onded by Braig. Motion carried 7-0. 5. Vacate Access, Utility and Storm Water Drainage Ease- ment Lot C Reche's Subdivision - University of Dubuque Physician's Assistant Building Addi- tion: Proof of pub- lication on notice of public hearing to vacate the easement of Lot C Reche's Subdi- vision, and transfer of ownership and main- tenance responsibil- ities for the public sanitary sewer at no cost to the University of Dubuque in exchange for the transfer of ownership and maintenance of the sanitary sewer main to the University of Dubuque. Motion by Connors to receive and file the documents and adopt Resolution No. 117-15 Disposing of City Interest in an Access, Utility, and Storm Water Drainage Easement Over and Across Lot C of Reche's Subdivision in the City of Dubuque, Dubuque County, Iowa. Sec- onded by Braig. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 1. Eagle Point Energy Power Purchase Agree- ment Reinstatement: City Manager recom- mending approval of reinstating the August 1, 2011 Agreement with Eagle Point Energy- 1, LLC effective May 1, 2015. Motion by Lynch to receive and file the documents and adopt Resolution No. 118-15 Reinstating the August 1, 2011 Agreement for Solar License and Pow- er Purchase between the City of Dubuque, Iowa and Eagle Point Energy- 1, LLC. Seconded by Jones. Motion carried 7-0. 1. Environmental 2. Property Acqui- Stewardship Advisory sition - Doris A. Graf Commission: One, 3 Farm: City Manager Year term through recommending appro- October 1, 2017 val of an Offer to Buy (Vacant term of Real Estate and Splittstoeser) Appli- Acceptance to pur- cant: Jalee Lynn chase the 166.3 acre Frommelt, 2540 Ana- Graf Farm. Motion by mosa Dr. Motion by Lynch to receive and pliance Civil Penalty Braig to appoint Jalee file the documents and for Alcohol License Lynn Frommelt, to a 3- adopt Resolution No. Holder - Sam's Club: year term through 119-15 Approving the City Manager recom- October 1, 2017. Acquisition of Real mending approval of Seconded by Connors. Estate owned by Doris the Acknowledgment/ Motion carried 7-0. A. Graf in Dubuque Settlement Agreement 2. Housing Code County, Iowa. Sec - for an alcohol com- Appeals Board: One, 3 onded by Connors. pliance violation for Year term through Motion carried 7-0. Sam's Club #4973, 4400 January 11, 2016 (Va- 3. Premier Bank Asbury Road. Upon cant term of Kinsella) Intercreditor Agree - motion the documents Applicant: Ronald ment: City Manager were received, filed White, 3197 Highland recommending appro- and approved. Park Dr. Motion by val of an Intercreditor 28. Tobacco Corn- Jones to appoint Agreement with Pre- pliance Civil Penalty Ronald White to a 3- mier Bank for the ing. Council member Lynch requested staff devote time to inves- tigating and improving options to prevent possible child abduc- tions. Council member Jones congratulated Ben Jacobson from the Telegraph Harold on his recent promotion PUBLIC INPUT Allen Troupe 2003 Key Way Apt. 2, thanked the council for their decision to rezone the property at 2750 Balboa Drive for Mary's Inn. CLOSED SESSION Motion by Jones to convene in closed session at 7:45 p.m. to discuss property acqui- sition pursuant to Chapter 21.5(1)(j) of the Code of Iowa. Seconded by Resnick. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:12 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:13 p.m. /s/Trish L. Gleason, Assistant City Clerk 1t 4/15 motion the 1-1vcunient5 were received, filed and approved. 13. Iowa Department of Transportation Grant Agreement for County/City Trailhead - Corrected Version: City Manager recommend- ing approval of the corrected version of the Iowa Department of Transportation grant agreement for the County/City Heritage Trail Parking Lot along S. John Deere Road. Upon motion the documents were re- ceived, filed and approved. 14. Multicultural Family Center Agree- ment: City Manager recommending appro- val of the First Amendment to the Agreement between the City of Dubuque and the Multicultural Family Center. Upon motion the documents were received, filed and approved. 15. Water & Resource Recovery Center (yV&RRC) Cogeneration Facilities Project Acceptance: City Man- ager recommending acceptance of the construction contract for the Water and Resource Recovery Center Cogeneration Facilities Project, as completed by Total Mechanical Services, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 96-15 Accepting the Water and Resource Recovery Cogeneration Facilities Project and Author- izing the Payment of