Proof of Publication_City Council Proceedings 8 3 15 STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: August 12, 2015, and for which the charge is $249.98.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of , 20 /5' .
i
I, CITY OF DUBUQUE,
IOWA,
;CITY COU,N,CII:
PROCEEDINGS
REGULAR cSESS16N'
,.The Dubuque City,
,Council met;in•regular
session at,6:30 O.M.on
August 3,.;2015 in the otar
y n anDubuque y�
Public id for Dubu Count Iowa.
Historic Federal Build-
ing,.350•W.6th,Str9et,
Present: Mayor,Buol;
Council,.Membe.rs,Braig
JLJimprovements that the Commission: Motion carned'6 1 with
` developers Nemmers PUBL10HEARINGS Lynch voting nay.
7. Cedar Ridge F."arm Upon motion'the rules 3.Code of Ordinances
Connors Jones; Lynch, Limited Partnership, were suspended allow Amendment=Titles 14
Resnick, Sutton City •have recently 'com ing anyonepresent to &16Southwest Arter-'
' Manager Van'tv�dligen, pleted in Ce ar Ridge address the City'Coun Idl Moratorium Exten-
City,Attorney Lindahl Farm.•PlaceMo '7e cil on.the following sions: ,City Manager
Mayor Buol read the (Cedar,.Cross Rd:/Ce- items recommending appro-
call and stated ithis is a dar,Crest CtJ`Upon— _ i SRF Green Alley " Val of four"ordinances P �
regular session of the motion the documents Project Bid Set 3 Year which` exterid` the $cmy MAIC 6d �3TEld� Y�E�
City Councd called for :were received and file 3:.Proof of publication moratoriums for the Commission Number 15488$
the purpose-of con '_and Resolution No.262 oh notice.,.of;.'public ,construction; rezoning; �IA
FAv COMM, Exp, FEB, 1,2Q17
I such business 15 ,Accepting„.public heanng to:; consider, subdivision review,and ------
that may s'pr, rly improvementsan Cedar approval of plans., site plan' approval in
come': before tfle oity 'Ridge Farm Place.No.7 specifications form,'of the Southwest Arterial
Council. in the City of Dubuque, contract and'estiinated Corridor and the East/
PLEDGE OF Iowa,was adopted. ' cost for'the SRF'Green West Corridor: Study
ALLEGIANCE 11: City And ESI alley Bid Set 3,-Year 3 Areas`for an additional)
PROCLAMATIONS) Employer Particfpatfon Project`and the;City 12 months. Motion.by
Health Center Week Agreement City Man ' Manager recommend Jones.to receive and
(August 9-15 • 2015) °ager recommending "ing.'approval Motion file the documents and
was accepted; by;
7/14 (2); =Community • property tax appeals provalof:,':plans; spe nanceNo.47-15Amend
Development Advisory ` 'from the Dubuque. City cifications: form of ingith ing the City of;Dubuque
Commission of 7/15; Board of + Review for "contract, ` and esti- Code of,.'Ordinances,
'investment Oversight. 2015.' Upon notion the ' mated cost for the NW Title 16 Unified Devef
Advisory Commission; documents were re Arterial Hike/Bike Trail opment Code":; Chapter
of 7/22;• Library Board ceived and filed.:: Phases '4$'& S. Project 13 -Site Design Stan-'
of 'Trustees .' of 7/1, ' 14. Quarterly Invest- and the City Manager dards, Section:16-13-2'
7/16; Park: and 7 Rec- ment Report: j.• City recommending appro- ApplicabilitybyExtend-
reation Advisory Com Manager, transmitting =•val Motion by Connors ing "the • Moratorium;;',
mission of"7/14; Sister • the -June 30;•. 2015 to receive and file the Ordinance' No. 48-15
City Relationships Advi Quarterly Investment documents." and' adopt Amending, City- of
sory Commission , of Report. Upon motion .'Resolution No 269-15 "Dubuque , Code' of,
7/15;' Proof 'of • publi the documents::were Approval of plans, Ordinances Title,
cation for City Council receivedand filed. -specifications form' of Unified Development,
• Proceedings • of 7/6;x, . 15. Mystique, Casino "'contract, and esti Code Chapter:9 Zoning
Proof ofpublication for Repairs, Sealcoat : & ' mated costs' for ,the Advisory,' Commission
List 'of,Claims.,.-and ' Restripe Parking:::Lot Iowa 321` Hike/Bike Applications :and Pro-
Summary of Revenues Projects Dubuque: Rac- 'Tram Phases 4' & 5 cedures Sectionl6 9-5-'
•for Month En, ding 6/30. ing Association •:Presi- Project Seconded :by• 3''City Council Action
Upon motion the dent and 'CEO 'Jesus `Lynch. City •Managerby' Extending: the Mora
documents were. -.re Aviles requesting ap ;Van Milligenreported _torium, and Ordinance
ceived and filed. proval to complete the ,"after' the fact ' that No. 49.'45 'Amending,
2. -Notice of Claims` Mystique . Casino Re- funding. was approved Dubuque Code'`of Ordi-
and Suits:' 'Cindy pairs, Sealcoat & =through° •the Capital nances Title 16 Unified,
Bartolotta for vehicle Restripe Parking Lot ','Improvement Project Development'" Code;'
• damage. Joseph • Ma Project using , 'Depre- budget„ process from Chapter 11 Land Sub -
Money for vehicle ciation • and-, Im'prove- . the salestax portion of division Section r16 -11 -
damage, William Pline merit 'Funds ';Upon 'the -general fund 2 Applicability' ,.by
forvehicle ;'daage. motion the documents Motion carried -1-0.` Amending • the Mora -
Upon 'der
nage.,
the were received filed 3. Federal Building torium Seconded . by
documents were re-'' and approved Lease with, Iowa State," Braig Motion' carried 7-0.
ceived, filed and 16., Improvement",University:,; Proof- 'of 4. Code of Ordinances
to the City Contracts /•'Perfor- Publication on notice 'Amendment 'ITrtle 12
Attorney. •, mance,`` Payment and g,,
of public,;, hearin' to Cable Television Com
3 Disposition of Maintenance 'Bonds ,consider a Lease mission City Manager
Claims City Attorney :' Drew ' Cook &" Sons .Agreement, between recommending appro,-
.a'$,uising that-,- the' Excavating Inc.�fortthe &e--Clty of Dubuque, val'"of an"sdiliZance
following claim's.'have Lowell St.' Reconstruc- _: and the :- lowa State creating a, new Title 2,
been referred to Public', tion Project .: SELCO : University,` m the Chapter .11; ` which
Entity Risk Services of ;Incl ,,for the 2015 .Historic -:!Federal Build establishes the Cable
Iowa, the agent for the ; Pavement Marking ing ',and the City television„Commission
Iowa, Communities ' Project: ` Upon motion Manager;: ,recommend and provides for the
• Assurance. Pool: Cindy.the . documents were ing approval Motion "powers operation,
Bartolotta for, vehicle 'received, filed and by Lynch :%!to receive membership; and Meet -
damage;
' William Pline `, approved.- '"andfilethe.documents mgs:'.Motron by 'Jones,;
for ''vehicle damage. 17. • Alcohol Com ;and ;adopt- Resolution to -receive and file the
Upon motion the docu-• ' pliance Civil Penalty . No 270;15: Approving documents ..and .that :I
mentis were received, for-: 'Alcohol_ License 'the,, disposal of an the requirement_ that a
filed and concurred. Holder - Diamond -Jo interest in real pro proposed ordinance be
4. Teri Goodmann Casino: ,City •- Manager : perty owned by ,the considered and voted
Named ; Wonder Wo- recommending;::appro- City of ::Dubuqueon`for passage atE'two
men -Heroines of Dubu- I vat •of the Acknowledg- lease between,the ;City Council meetings„prior,;
que:by Girl :Scouts of '• ment/;Settlement .ofDubuque lowa-and to the meeting `;at''
Eastern • Iowa and Agreement for: • an ; Iowa State' University which it is'to be passed
,Western Illinois: Corr- alcohol compliance of, Science ;and Tech be `+suspended Sec
esporrdence from the : violation -for the nology Seconded by onded by Lynch.•
'Girl Scouts of, Eastern Diamond Jo Casino 30L Connors Motion car ,Motion carried TO.-, {
Iowa and -Western Bell Street. r Upon ned7 0. Motion..byJones for
Illinois honoring Assis- 'motion. ,the documents Upon motion the-rulesfinal consideration and
taut City Manager Teri ,,,were :received,. r; filed ,were. reinstated limit- passage of Ordinance',
. Goodmann with the and -approved ;ing ..discussion;,to- the No. 50-15: Amending
WonderWomen•-Hero 18 Alcohol License City Council: 'City Of Dubuque„Code,°
ines of Dubuque .'.Renewals City r; Man- ; ACTION. ITEMS-_ ' of- Ordinances'?Title
-Award. Motion by Con- ager recommending 1. Southwest Arterial/ ' Boards' and- :,Commis-
nors to receive and file. approval of annual English Mill Road signs` .b'y ,Repealing •'j
Seconded by Jones. beer, liquor 'and. wine Reconstruction` Project Chapter ;11 Cable,Tele,
,Connors congratulated licenses, as submitted. Award: City ,Manager' vision. Commission and ??
Ms. Goodmann. Motion Upon motion the recommending r award Adopting -a New Chap -
carried 7-0. r documents were= re- •; of the construction ter Cable Television
5. White House ceivedfiled;•and contract to the 'I`ow ''Commission -in Lieu
Climate Action' Cham- • Resolution ,No.' 263-15 bidder Taylor - Thereof . Establishing
pion Technical Assis- , Approving applications Construction, Inc., the .;Cable Television
tance Request: City r, for beer, liquor. arid/or . subject to Iowa • Commission and.,,,;Pro
Manager recommend --wine permits,,- as ,Department of viding for the:Powers,
ing -approval_ of arequired by City of Transportation Operation Member- -:
technical assistance Dubuque Code:, of "`approval -Motion •by ship, an (vleetings--j
application with the ': Ordinances 'r Title 4 ,:,Lynch to" receive and Seconded by,�Connors.
Department of Energy Business, and License , file the documents and . Motion carried 7-0.
as a ' White' House Regulations Chapter 2 ' •adopt Resolution • No. 5. Code of Ordinances
Climate •Action Cham- ` Liquor Control, Article 271-15 Awarding public Amendment = 'Title ' 2
pion. Upon motion the., ' B Liquor ; Beer ; and improYement contract-
documents
ontract documents were re- Wine Licenses• and for the ;-Southwest' Advisory' 'Committee:
ceived, filed and Permits was adopted. Arterial Project English,; City.Manager_; recom=
approved. ITEMS SET FOR Mill Road mending , approval . of
6. Community Devel- ' 'PUBLIC HEARING • ' , Reconstruction, an amendment. to; the
opm.ent Block: Grant 1. Burlington Trail- .Grading, Bridge. -�& City: of, Dubuque Code
(CDBG)_ FY16 : Annualways :Lease Agree 'Paving. Project f O
Iowa ordinances, -,regard -
Action ;Plan" Amend-- %ment: City Manager DOT -project No. HDP ing-the'Housing, Trust
ment`1- City, Manager recommending, that a 2100 (657)--71-31.Fund Advisory,Commit-
recommending 1 appro- public ;hearing be set Seconded'by Connors Yee. Motion•by Lynch ti ':'
vol of the -fiscal Year :for August 17,-;,2201-5.#
Responding; to receive and file nthe i
2016 (Program Year !'approve' a ' ::lease questions from the City documents { and that
2015)` Annual: Action `.agreement with .Bur- "Council; Assistant City the requirement thata
Plan -Amendment 1.for .iington::Trailways at Engineer' -Bob Schi'esl .p'roposed ordinance be'
the Community-Devel- 'the Intermodal Transit stated that the project considered;..)arid.. voted
opment Block Grant Facility. Upon motion is<done •'according toon fo:r-'.'.'passage at two
•(CDBG) Program. Upon 'the documents' were state standards Councilmieetings prior'
motion the documents ':received' and filed`; and because of the use of to the meeting': at
were and filed Resolution , No. 264-15 federal funding; and which itis to.be•'passed
and Resolution No. 260- ,Setting public hear-that'•should" the City be' •suspended.-` Sec -
15 Approving_ Fiscal 'ging on the disposition ever annex the onded` by `Connors.
Year 2016 (Program of an interest' • in - property, upgrading to Motion carried 7-0.'
Year 2015)... 'Annual :property owned by the ' City standards could Motion by Lynch for
Action Plan 'Amend- ,City .of Dubuque„Iowa be` done with minimal fina) consideration and
meat` 1.for Community -aby Lease' Agreement: to throw -away costs.passage .of ,Ordinance
Development : Block 'Burlington Stage, Lines, tion carried '7-0: No - 51 15. ,, Amending
Grant' (CDBG) funds :LTD,' was .adopted :2 Text' Amendment;= City of Dubuod
que, Ce
was, adopted. setting ;' a, - public Residential' Freestarid'- of -Ordinances
7. REAP Annual Plan .,;hearing to commenceing Solar Arrays (2nd Boards and•" Commis -
Update and.'`. Grant ',at 6:30 pm on. August Reading): Request:by sions;Chapter`5 Hous- '
Application for Fiscal ,,'17,'2015 in the Historic the City of Dubuque to ing Agency and Com
Year 7016 City Man FederalBwldinga '_ ^nmend� the V* Unified ,,munity Development
ager" 'recommending 2h Sale :of Property Development Code to Commissions=Aiticle'D
approval of the' City of -:Weaver. .Castle, L`LC / .establish ,,procedures Trust?' Fund ;Advisory :
Dubuque's update of. .396 W. Locust Street: for the review of new Committee by;Repeal-
the Fiscal Year 2016 City Manager'recom- -freestanding_ solar ing Section 2- 5D-6
Dubuque County REAP 'mending that a public arrays and the Zoning Committee., Establish-,
Plan, as well 'asthe `hearing be set• :for t Advisory Commission ed; Membership;.Func-
resolution and the August 17, 2015, on the recommending• appro.- tions ..and' Adopting a
Fiscal Year 2016 REAP sale of 396' W. Locust val. Planning Services New -Section 2-5D-6
grant application for :Street to Weaver 'Manager; transmitting Housing ,, Trust 'Fund'
the Eagle Point Park -Castle LLC.' Upon additional information. Advisory. Committee in
Environmentai.Restora- motion the. documents jMotion - by Jones to Lieu Thereof• Establish -
tion '•.•-' Project. Upon were received and -filed receive and. 'file '.theing the.Trust,Fund.Advi
Motion the documents • and Resolution No:,265- 'documents and that sory,'Committee and •
were received and filed 15'Resolution of Intent the' requirement that a Providing for..the Pow-
and-Resolution'No. 261=to P
•.dis ose , of : an proposed -Ordinance:. be ,.ers, Operation m
Me-;',
, 15 Authorizing' Reap .interest,'''m ' City';" of considered "and voted bership and .Meetings
Grant. Application to Dubuque' real estate; en for passage at two Seconded by Connor`s.
i.fOwa Department of setting a tithe and Council meetings prior Motion.carned7'0
Natural Resources for place for: hearing and to the =Meeting, at 6 Request for, Work
`Eagle; • Point Park providing for., the which itis to` be passed Session - Sustainable ;.
k Environmental Restora- publication of notice be:, suspended Sec`" Dubuque City Mari=
k tion Project was thereof was ,adopted o'nded by Resnick:; ager recommending• ,
adopted. •' • setting a public Planning Services that the City Council
8. University of hearing to commence Laura:. Carstens and. schedule the Sustain
Dubuque No Parking at 6:30 p.m. on August Assistant •Planner Kyle` able `Dubuque ' Quac
District: City Manager 17, 2015' :in the Historic Kritz addressed ques_. terly Work Session for
transmitting informa- Federal Building. tions'' from the City` September 8, 2015 at
L. tion 'related 'tothe • BOARDS/ Council regarding con- 5:00 p.m 'Moti'on by
University of Dubuque COMMISSIONS sideration of the option Connors to set the
No Parking District as Review of appli- , of using a ratio work• -' session?' as
it relates to residents cations to the following between the lot and ' .recommended..' Seco -
on Bennett Street who Boards/Commissions: .array , sizes ; and .,the'.?. nded.by Lynch. Motion
contributed to . the Applicants were in- Zoning ; Board of carried 7 0
he 1Julyp6t 2015oCity .0 ty Coun.c address'
dprdocess
uses Pthe'' furtherebusinesslpealgupon
CoUncit meeting. "Upon"" their desirerto'serve-on- - criteria outlinedin-the motion the City'Counc'il
motion the documents the following .Boards/ Code of,. Ordinances. adjourned at.712 p.m. .
were received and Commissions. Motion failed• 5-2 with, /s/Kevin S. Firnstahl,
filed. ' 1. Cable Television Connors and Lynch CMC, City Clerk
9. Iowa Economic_ Commission: One, 3- • voting nay,: 1t8/12
Development Authority year term through. July Jones moved .sec
Solar:' Ready Award: 1, 2017 (Vacant term of >onded.' ,reading of a
City Manager 'recom- Stevens).:. Applicant: ;proposed" :.ordinance
mending • approval of Mark Dolson, 54 Alpineamending; Title 16. of
;.an extension ';of the St. the', City of Dubuque
Iowa; Economic ":bevel- • 2. Long Range Code.:•< of Ordinances,
gopment Authority Solar Planning Advisory Com .Unified. ,:Development
Ready; award contract. mission:. One, • 3 -year Code by -'Amending.`,
Upon;; motion,: • 'the ''term through July.` 1 Articles 16-5=2 2 (R-1),.`
documents were re- 2017 (Vacant term` of ."1,6=5-32'-‘(R-2),
ceived, filed r and_ . Beytien).„ Applicant (R2A) 16,5''-53 (R-3)
approved Mark Dolson 54 Alpine and;16 5 6.3i(R 4) L6 5-'
10. Cedar Ridge Farm 'St. 7 3 -:(OR) and 16,5-9.3
Place No. 7 Storm and Mr Dolson spokejn (OG) to ;;;establish,
SanitarySewer- Im- support • of his, maximum .:area and.
provements Accep-'appointment to..either height -.:requirements
tance;;? City Manager, commission'citing, e for residential free
recommending accep- preference for the standing solar arrays.
-.tance'of- the ..:public -Long Range. Planning. Seconded by; Resnick...
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: August 12, 2015, and for which the charge is $249.98.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 4,0 day of , 20 /5. •
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
August 3, 2015 in the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Buol;
Council Members Braig
Legal Notices
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
PROCLAMATION(S)
Health Center Week
(August 9-15, 2015)
was accepted by Dr.
Daniel Branson, DDS, of
the Crescent Commun-
ity Health Center, 1789
Elm St.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Resnick.
Council Member Con-
nors requested #4
(Teri Goodmann
Named Wonder Wo-
men -Heroines of Dubu-
que by Girl Scouts of
Eastern Iowa and
Western Illinois) be
held for separate
discussion. Motion car-
ried 7-0.
1. Minutes and
Reports Submitted:
City Council Proceed-
ings of 7/20; Civil
can,ira r'nmmiccinn of
improvements that the
developers, Nemmers
Cedar Ridge Farm
Limited Partnership,
have recently com-
pleted in Cedar Ridge
Farm Place No. 7.
(Cedar Cross Rd./Ce-
dar Crest Ct.) Upon
motion the documents
were received and filed
and Resolution No. 262-
15 Accepting public
improvements in Cedar
Ridge Farm Place No. 7
in the City of Dubuque,
Iowa, was adopted.
11. City and ESI
Employer Participation
Agreement: City Man-
ager recommending
approval of an
Employer Participation
Agreement between
the City of Dubuque
and Express Scripts,
Inc., for the period
January 1, 2015 to
December 31, 2015.
Upon motion the docu-
ments were received,
filed and approved.
12. Civil Service
Commission: Civil Ser-
vice Commission sub-
mitting the certified
list for the position of
Water Engineering
Assistant. Upon motion
the document was
received, filed and
made a Matter of
Record.
13. City Assessors
Office - Notification of
Tax Appeals: Corres-
pondence from City
Assessor Rick Engel ken
arivicinn tha City nf in
otary Public in and for Dubuque County, Iowa.
Commission.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil on the following
items.
1. SRF Green Alley
Project Bid Set 3 - Year
3: Proof of publication
on notice of public
hearing to consider
approval of plans,
specifications, form of
contract and estimated
cost for the SRF Green
alley Bid Set 3 - Year 3
Project and the City
Manager recommend-
ing approval. Motion
by Jones to receive and
file Resolution No. 266-
15 Approval of plans,
specifications, form of
contract, and esti-
mated cost for the SRF
Green alley Bid Set 3 -
Year 3 Project; Reso-
lution No. 267-15 Reso-
lution with Respect to
the Adoption of the
Resolution of Necessity
proposed for the SRF
Green Alley Bid Set 3 -
Year 3 Project; and
Resolution No. 268-15
Approving the Sche-
dule of Assessments
and estimate of total
cost for the SRF Green
alley Bid Set 3 - Year 3
Project. Seconded by
Lynch. Motion carried 7-0.
2. NW Arterial Hike/
Bike Trail Phase 4 & 5:
Proof of publication on
notice of public hear -
inn to rnnciriar an -
Motion carried 6-1 with
Lynch voting nay.
3. Code of Ordinances
Amendment - Titles 14
& 16 Southwest Arter-
ial Moratorium Exten-
sions: City Manager
recommending appro-
val of four ordinances
which extend the
moratoriums for the
construction, rezoning,
subdivision review, and
site plan approval in
the Southwest Arterial
Corridor and the East/
West Corridor Study
Areas for an additional
12 months. Motion by
Jones to receive and
file the documents and
that the requirement
that a proposed
ordinance be consid-
ered and voted on for
passage at two Council
meetings prior to the
meeting at which it is
to be passed be
suspended. Seconded
by Braig. Motion car-
ried 7-0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 46-15 Amending
City of Dubuque Code
of Ordinances Title 14
Building and Devel-
opment, Chapter 2
Building Construction,
Demolition and Mov-
ing, Section 14-2-4
Moratorium for Con-
struction or Other
Work on Certain
Streets, Areas, or
Facilities by Extending
tha f inratnrium• nrrn-
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp, FEB. 1. 2Q17
7/14 (2); Community
Development Advisory
Commission of 7/15;
Investment Oversight
Advisory Commission
of 7/22; Library Board
of Trustees of 7/1,
7/16; Park and Rec-
reation Advisory Com-
mission of 7/14; Sister
City Relationships Advi-
sory Commission of
7/15; Proof of publi-
cation for City Council
Proceedings of 7/6;
Proof of publication for
List of Claims and
Summary of Revenues
for Month Ending 6/30.
Upon motion the
documents were re-
ceived and filed.
2. Notice of Claims
and Suits: Cindy
Bartolotta for vehicle
damage, Joseph Ma-
loney for vehicle
damage, William Pline
for vehicle damage.
Upon motion the
documents were re-
ceived, 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: Cindy
Bartolotta for vehicle
damage; William Pline
for vehicle damage.
Upon motion the docu-
ments were received,
filed and concurred.
4. Teri Goodmann
Named Wonder Wo-
men -Heroines of Dubu-
que by Girl Scouts of
Eastern Iowa and
Western Illinois: Corr-
espondence from the
Girl Scouts of Eastern
Iowa and Western
Illinois honoring Assis-
tant City Manager Teri
Goodmann with the
Wonder Women - Hero-
ines of Dubuque
Award. Motion by Con-
nors to receive and file.
Seconded by Jones.
Connors congratulated
Ms. Goodmann. Motion
carried 7-0.
5. White House
Climate Action Cham-
pion Technical Assis-
tance Request: City
Manager recommend-
ing approval of a
technical assistance
application with the
Department of Energy
as a White House
Climate Action Cham-
pion. Upon motion the
documents were re-
ceived, filed and
approved.
6. Community Devel-
opment Block Grant
(CDBG) FY16 Annual
Action Plan Amend-
ment 1: City Manager
recommending appro-
val of the Fiscal Year
2016 (Program Year
2015) Annual Action
Plan -Amendment 1 for
the Community Devel-
opment Block Grant
(CDBG) Program. Upon
motion the documents
were received and filed
and Resolution No. 260-
15 Approving Fiscal
Year 2016 (Program
Year 2015) Annual
Action Plan Amend-
ment 1 for Community
Development Block
Grant (CDBG) funds
was adopted.
7. REAP Annual Plan
Update and Grant
Application for Fiscal
Year 2016: City Man-
ager recommending
approval of the City of
Dubuque's update of
the Fiscal Year 2016
Dubuque County REAP
Plan, as well as the
resolution and the
Fiscal Year 2016 REAP
grant application for
the Eagle Point Park
Environmental Restora-
tion Project. Upon
motion the documents
were received and filed
and Resolution No. 261-
15 Authorizing Reap
Grant Application to
Iowa Department of
Natural Resources for
Eagle Point Park
Environmental Restora-
tion Project was
adopted.
8. University of
Dubuque No Parking
District: City Manager
transmitting informa-
tion related to the
University of Dubuque
No Parking District as
it relates to residents
on Bennett Street who
contributed to the
public input session at
the July 6, 2015 City
Council meeting. Upon
motion the documents
were received and
filed.
9. Iowa Economic
Development Authority
Solar Ready Award:
City Manager recom-
mending approval of
an extension of the
Iowa Economic Devel-
opment Authority Solar
Ready award contract.
Upon motion the
documents were re-
ceived, filed and
approved.
10. Cedar Ridge Farm
Place No. 7 Storm and
Sanitary Sewer Im-
provements Accep-
tance: City Manager
recommending accep-
tance of the public
property tax appeals
from the Dubuque City
Board of Review for
2015. Upon motion the
documents were re-
ceived and filed.
14. Quarterly Invest-
ment Report: City
Manager transmitting
the June 30, 2015
Quarterly Investment
Report. Upon motion
the documents were
received and filed.
15. Mystique Casino
Repairs, Sealcoat &
Restripe Parking Lot
Project: Dubuque Rac-
ing Association Presi-
dent and CEO Jesus
Aviles requesting ap-
proval to complete the
Mystique Casino Re-
pairs, Sealcoat &
Restripe Parking Lot
Project using Depre-
ciation and Improve-
ment Funds. Upon
motion the documents
were received, filed
and approved.
16. Improvement
Contracts / Perfor-
mance, Payment and
Maintenance Bonds:
Drew Cook & Son's
Excavating, Inc., for the
Lowell St. Reconstruc-
tion Project; SELCO,
Inc., for the 2015
Pavement Marking
Project. Upon motion
the documents were
received, filed and
approved.
17. Alcohol Com-
pliance Civil Penalty
for Alcohol License
Holder - Diamond Jo
Casino: City Manager
recommending appro-
val of the Acknowledg-
ment/Settlement
Agreement for an
alcohol compliance
violation for the
Diamond Jo Casino, 301
Bell Street. Upon
motion the documents
were received, filed
and approved.
18. Alcohol License
Renewals: City Man-
ager recommending
approval of annual
beer, liquor and wine
licenses as submitted.
Upon motion the
documents were re-
ceived and filed and
Resolution No. 263-15
Approving applications
for beer, liquor and/or
wine permits, as
required by City of
Dubuque Code of
Ordinances Title 4
Business and License
Regulations, Chapter 2
Liquor Control, Article.
B Liquor, Beer and
Wine Licenses and
Permits was adopted.
ITEMS SET FOR
PUBLIC HEARING
1. Burlington Trail-
ways Lease Agree-
ment: City Manager
recommending that a
public hearing be set
for August 17, 2015 to
approve a lease
agreement with Bur-
lington Trailways at
the Intermodal Transit
Facility. Upon motion
the documents were
received and filed and
Resolution No. 264-15
Setting a public hear-
ing on the disposition
of an interest in
property owned by the
City of Dubuque, Iowa
by Lease Agreement to
Burlington Stage Lines,
LTD, was adopted
setting a public
hearing to commence
at 6:30 p.m. on August
17, 2015 in the Historic
Federal Building.
2. Sale of Property -
Weaver Castle, LLC /
396 W. Locust Street:
City Manager recom-
mending that a public
hearing be set for
August 17, 2015, on the
sale of 396 W. Locust
Street to Weaver
Castle LLC. Upon
motion the documents
were received and filed
and Resolution No. 265-
15 Resolution of Intent
to dispose of an
interest in City of
Dubuque real estate,
setting a tune and
place for hearing and
providing for the
publication of notice
thereof was adopted
setting a public
hearing to commence
at 6:30 p.m. on August
17, 2015 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Review of appli-
cations to the following
Boards/Commissions.
Applicants were in-
vited to address the
City Council regarding
their desire to serve on
the following Boards/
Commissions.
1. Cable Television
Commission: One, 3-
year term through July
1, 2017 (Vacant term of
Stevens). Applicant:
Mark Dolson, 54 Alpine
St.
2. Long Range
Planning Advisory Com-
mission: One, 3-year
term through July 1,
2017 (Vacant term of
Beytien). Applicant:
Mark Dolson, 54 Alpine
St.
Mr. Dolson spoke in
support of his
appointment to either
commission citing a
preference for the
Long Range Planning
provat of plans, spe-
cifications, form of
contract, and esti-
mated cost for the NW
Arterial Hike/Bike Trail
Phases 4 & 5 Project
and the City Manager
recommending appro-
val. Motion by Connors
to receive and file the
documents and adopt
Resolution No. 269-15
Approval of plans,
specifications, form of
contract, and esti-
mated costs for the
Iowa 32 Hike/Bike
Train - Phases 4 & 5
Project. Seconded by
Lynch. City Manager
Van Milligen reported
after the fact that
funding was approved
through the Capital
Improvement Project
budget process from
the sales tax portion of
the general fund.
Motion carried 7-0.
3. Federal Building
Lease with Iowa State
University: Proof of
Publication on notice
of public hearing to
consider a Lease
Agreement between
the City of Dubuque
and the Iowa State
University in the
Historic Federal Build-
ing and the City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 270-15 Approving
the disposal of an
interest in real pro-
perty owned by the
City of Dubuque by
lease between the City
of Dubuque, Iowa and
Iowa State University
of Science and Tech-
nology. Seconded by
Connors. Motion car-
ried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
1. Southwest Arterial/
English Mill Road
Reconstruction Project
Award: City Manager
recommending award
of the construction
contract to the low
bidder Taylor
Construction, Inc.,
subject to Iowa
Department of
Transportation
approval. Motion by
Lynch to receive and
file the documents and
adopt Resolution No.
271-15 Awarding public
improvement contract
for the Southwest
Arterial Project English
Mill Road
Reconstruction -
Grading, Bridge &
Paving Project Iowa
DOT Project No. HDP-
2100 (657)--71-31.
Seconded by Connors.
Responding to
questions from the City
Council, Assistant City
Engineer Bob Schiesl
stated that the project
is done according to
state standards
because of the use of
federal funding; and
that should the City
ever annex the
property, upgrading to
City standards could
be done with minimal
throw -away costs. Mo-
tion carried 7-0.
2. Text Amendment -
Residential Freestand-
ing Solar Arrays (2nd
Reading): Request by
the City of Dubuque to
amend the Unified
Development Code to
establish procedures
for the review of new
freestanding solar
arrays and the Zoning
Advisory Commission
recommending appro-
val. Planning Services
Manager transmitting
additional information.
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 Resnick.
Planning Services
Laura Carstens and
Assistant Planner Kyle
Kritz addressed ques-
tions from the City
Council regarding con-
sideration of the option
of using a ratio
between the lot and
array sizes and the
Zoning Board of
Adjustment's appeal
process that uses the
criteria outlined in the
Code of Ordinances.
Motion failed 5-2 with
Connors and Lynch
voting nay.
Jones moved sec-
onded reading of a
proposed ordinance
amending Title 16 of
the City of Dubuque
Code of Ordinances,
Unified Development
Code, by Amending
Articles 16-5-2-2 (R-1),
16-5-3-2 (R-2) 16-5-4.3
(R-2A), 16-5-5.3 (R-3)
and 16-5-6.3 (R-4), 16-5-
7.3 (OR) and 16-5-9.3
(OC) to establish
maximum area and
height requirements
for residential free-
standing solar arrays.
Seconded by Resnick.
nance No. 47-15 Amend-
ing the City of Dubuque
Code of Ordinances
Title 16 Unified Devel-
opment Code Chapter
13 Site Design Stan-
dards, Section 16-13-2
Applicability by Extend-
ing the Moratorium;
Ordinance No. 48-15
Amending City of
Dubuque Code of
Ordinances Title 16
Unified Development
Code Chapter 9 Zoning
Advisory Commission
Applications and Pro-
cedures, Section 16-9-5-
3 City Council Action
by Extending the Mora-
torium; and Ordinance
No. 49-15 Amending
Dubuque Code of Ordi-
nances, Title 16 Unified
Development Code,
Chapter 11 Land Sub-
division, Section 16-11-
2 Applicability by
Amending the Mora-
torium. Seconded by
Braig. Motion carried 7-0.
4. Code of Ordinances
Amendment - Title 12
Cable Television Com-
mission: City Manager
recommending appro-
val of an ordinance
creating a new Title 2,
Chapter 11, which
establishes the Cable
Television Commission
and provides for the
powers, operation,
membership, and meet-
ings. 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 Lynch.
Motion carried 7-0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 50-15 Amending
City of Dubuque Code
of Ordinances Title 2
Boards and Commis-
sions by Repealing
Chapter 11 Cable Tele-
vision Commission and
Adopting a New Chap-
ter 11 Cable Television
Commission in Lieu
Thereof Establishing
the Cable Television
Commission and Pro-
viding for the Powers,
Operation, Member-
ship, and Meetings.
Seconded by Connors.
Motion carried 7-0.
5. Code of Ordinances
Amendment - Title 2
Housing Trust Fund
Advisory Committee:
City Manager recom-
mending approval of
an amendment to the
City of Dubuque Code
of Ordinances regard-
ing the Housing Trust
Fund Advisory Commit-
tee. Motion by Lynch to
receive and file the
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended. Sec-
onded by Connors.
Motion carried 7-0.
Motion by Lynch for
final consideration and
passage of Ordinance
No. 51-15 Amending
City of Dubuque Code
of Ordinances Title 2
Boards and Commis-
sions, Chapter 5 Hous-
ing Agency and Com-
munity Development
Commissions, Article D
Trust Fund Advisory
Committee by Repeal-
ing Section 2- 5D-6
Committee Establish-
ed; Membership; Func-
tions and Adopting a
New Section 2-5D-6
Housing Trust Fund
Advisory Committee in
Lieu Thereof Establish-
ing the Trust Fund Advi-
sory Committee and
Providing for the Pow-
ers, Operation, Mem-
bership, and Meetings.
Seconded by Connors.
Motion carried 7-0.
6. Request for Work
Session - Sustainable
Dubuque: City Man-
ager recommending
that the City Council
schedule the Sustain-
able Dubuque Quar-
terly Work Session for
September 8, 2015 at
5:00 p.m. Motion by
Connors to set the
work session as
recommended. Seco-
nded by Lynch. Motion
carried 7-0.
There being no
further business, upon
motion the City Council
adjourned at 7:12 p.m.
/s/Kevin S. Firnstahl,
CMC, City Clerk
1t 8/12
Assurance Pool: Cind
Bartolotta for vehicl
damage; William Plin
for vehicle damage
Upon motion the docu
ments were received
filed and concurred.
4. Teri Goodmann
Named Wonder Wo-
men -Heroines of Dubu-
que by Girl Scouts of
Eastern Iowa and
Western Illinois: Corr-
espondence from the
Girl Scouts of Eastern
Iowa and Western
Illinois honoring Assis-
tant City Manager Teri
Goodmann with the
Wonder Women - Hero-
ines of Dubuque
Award. Motion by Con-
nors to receive and file.
Seconded by Jones.
Connors congratulated
Ms. Goodmann. Motion
carried 7-0.
5. White House
Climate Action Cham-
pion Technical Assis-
tance Request: City
Manager recommend-
ing approval of a
technical assistance
application with the
Department of Energy
as a White House
Climate Action Cham-
pion. Upon motion the
documents were re-
ceived, filed and
approved.
6. Community Devel-
opment Block Grant
(CDBG) FY16 Annual
Action Plan Amend-
ment 1: City Manager
recommending appro-
val of the Fiscal Year
2016 (Program Year
2015) Annual Action
Plan -Amendment 1 for
the Community Devel-
opment Block Grant
(CDBG) Program. Upon
motion the documents
were received and filed
and Resolution No. 260-
15 Approving Fiscal
Year 2016 (Program
Year 2015) Annual
Action Plan Amend-
ment 1 for Community
Development Block
Grant (CDBG) funds
was adopted.
7. REAP Annual Plan
Update and Grant
Application for Fiscal
Year 2016: City Man-
ager recommending
approval of the City of
Dubuque's update of
the Fiscal Year 2016
Dubuque County REAP
Plan, as well as the
resolution and the
Fiscal Year 2016 REAP
grant application for
the Eagle Point Park
Environmental Restora-
tion Project. Upon
motion the documents
were received and filed
and Resolution No. 261-
15 Authorizing Reap
Grant Application to
Iowa Department of
Natural Resources for
Eagle Point Park
Environmental Restora-
tion Project was
adopted.
8. University of
Dubuque No Parking
District: City Manager
transmitting informa-
tion related to the
University of Dubuque
No Parking District as
it relates to residents
on Bennett Street who
contributed to the
public input session at
the July 6, 2015 City
Council meeting. Upon
motion the documents
were received and
filed.
9. Iowa Economic
Development Authority
Solar Ready Award:
City Manager recom-
mending approval of
an extension of the
Iowa Economic Devel-
opment Authority Solar
Ready award contract.
Upon motion the
documents were re-
ceived, filed and
approved.
10. Cedar Ridge Farm
Place No. 7 Storm and
Sanitary Sewer Im- s
provements Accep- a
tance: City Manager c
recommending accep- p
tance of the public L
y the C'uments wer
e received, filed an
e approved.
17. Alcohol Com
- pliance Civil Penalt
, for Alcohol License
Holder - Diamond Jo
Casino: City Manage
recommending appro
val of the Acknowledg-
ment/Settlement
Agreement for an
alcohol compliance
violation for the
Diamond Jo Casino, 301
Bell Street. Upon
motion the documents
were received, filed
and approved.
18. Alcohol License
Renewals: City Man-
ager recommending
approval of annual
beer, liquor and wine
licenses as submitted.
Upon motion the
documents were re-
ceived and filed and
Resolution No. 263-15
Approving applications
for beer, liquor and/or
wine permits, as
required by City of
Dubuque Code of
Ordinances Title 4
Business and License
Regulations, Chapter 2
Liquor Control, Article
B Liquor, Beer and
Wine Licenses and
Permits was adopted.
ITEMS SET FOR
PUBLIC HEARING
1. Burlington Trail-
ways Lease Agree-
ment: City Manager
recommending that a
public hearing be set
for August 17, 2015 to
approve a lease
agreement with Bur-
lington Trailways at
the Intermodal Transit
Facility. Upon motion
the documents were
received and filed and
Resolution No. 264-15
Setting a public hear-
ing on the disposition
of an interest in
property owned by the
City of Dubuque, Iowa
by Lease Agreement to
Burlington Stage Lines,
LTD, was adopted
setting a public
hearing to commence
at 6:30 p.m. on August
17, 2015 in the Historic
Federal Building.
2. Sale of Property -
Weaver Castle, LLC /
396 W. Locust Street:
City Manager recom-
mending that a public
hearing be set for
August 17, 2015, on the
sale of 396 W. Locust
Street to Weaver
Castle LLC. Upon
motion the documents
were received and filed
and Resolution No. 265-
15 Resolution of Intent
to dispose of an
interest in City of
Dubuque real estate,
setting a time and
place for hearing and
providing for the
publication of notice
thereof was adopted
setting a public
hearing to commence
at 6:30 p.m. on August
17, 2015 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Review of appli-
cations to the following
Boards/Commissions.
Applicants were in-
vited to address the
City Council regarding
their desire to serve on
the following Boards/
Commissions.
1. Cable Television
Commission: One, 3-
year term through July
1, 2017 (Vacant term of
Stevens). Applicant:
Mark Dotson, 54 Alpine
St.
2. Long Range
Planning Advisory Com-
mission: One, 3-year
term through July 1,
2017 (Vacant term of
Beytien). Applicant:
Mark Dolson, 54 Alpine
St.
Mr. Dolson spoke in (
upport of his
ppointment to either
ommission citing a f
reference for the s
ong Range Planning S
e Ind approval. Motio
d by Lynch to receiv
and file the document
- and adopt Resolutio
y No. 270-15 Approving
the disposal of an
interest in real pro
r perty owned by the
- City of Dubuque by
lease between the City
of Dubuque, Iowa and
Iowa State University
of Science and Tech-
nology. Seconded by
Connors. Motion car-
ried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
1. Southwest Arterial/
English Mill Road
Reconstruction Project
Award: City Manager
recommending award
of the construction
contract to the low
bidder Taylor
Construction, Inc.,
subject to Iowa
Department of
Transportation
approval. Motion by
Lynch to receive and
file the documents and
adopt Resolution No.
271-15 Awarding public
improvement contract
for the Southwest
Arterial Project English
Mill Road
Reconstruction -
Grading, Bridge &
Paving Project Iowa
DOT Project No. HDP-
2100 (657)--71-31.
Seconded by Connors.
Responding to
questions from the City
Council, Assistant City
Engineer Bob Schiesl
stated that the project
is done according to
state standards
because of the use of
federal funding; and
that should the City
ever annex the
property, upgrading to
City standards could
be done with minimal
throw -away costs. Mo-
tion carried 7-0.
2. Text Amendment -
Residential Freestand-
ing Solar Arrays (2nd
Reading): Request by
the City of Dubuque to
amend the Unified
Development Code to
establish procedures
for the review of new
freestanding solar
arrays and the Zoning
Advisory Commission
recommending appro-
val. Planning Services
Manager transmitting
additional information.
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 Resnick.
Planning Services
Laura Carstens and
Assistant Planner Kyle
Kritz addressed ques-
tions from the City
Council regarding con-
sideration of the option
of using a ratio
between the lot and
array sizes and the
Zoning Board of
Adjustment's appeal
process that uses the
criteria outlined in the
Code of Ordinances.
Motion failed 5-2 with
Connors and Lynch
voting nay.
Jones moved sec-
onded reading of a
proposed ordinance
amending Title 16 of
the City of Dubuque
Code of Ordinances,
Unified Development
Code, by Amending
Articles 16-5-2-2 (R-1),
16-5-3-2 (R-2) 16-5-4.3
(R-2A), 16-5-5.3 (R-3)
and 16-5-6.3 (R-4), 16-5-
7.3 (OR) and 16-5-9.3
OC) to establish
maximum area and
height requirements
or residential free-
tanding solar arrays.
econded by Resnick.
n powers, operation,
e membership, and meet-
s ings. Motion by Jones
n 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 Lynch.
Motion carried 7-0.
Motion by Jones for
final consideration and
passage of Ordinance
No. 50-15 Amending
City of Dubuque Code
of Ordinances Title 2
Boards and Commis-
sions by Repealing
Chapter 11 Cable Tele-
vision Commission and
Adopting a New Chap-
ter 11 Cable Television
Commission in Lieu
Thereof Establishing
the Cable Television
Commission and Pro-
viding for the Powers,
Operation, Member-
ship, and Meetings.
Seconded by Connors.
Motion carried 7-0.
5. Code of Ordinances
Amendment - Title 2
Housing Trust Fund
Advisory Committee:
City Manager recom-
mending approval of
an amendment to the
City of Dubuque Code
of Ordinances regard-
ing the Housing Trust
Fund Advisory Commit-
tee. Motion by Lynch to
receive and file the
documents and that
the requirement that a
proposed ordinance be
considered and voted
on for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended. Sec-
onded by Connors.
Motion carried 7-0.
Motion by Lynch for
final consideration and
passage of Ordinance
No. 51-15 Amending
City of Dubuque Code
of Ordinances Title 2
Boards and Commis-
sions, Chapter 5 Hous-
ing Agency and Com-
munity Development
Commissions, Article D
Trust Fund Advisory
Committee by Repeal-
ing Section 2- 5D-6
Committee Establish-
ed; Membership; Func-
tions and Adopting a
New Section 2-5D-6
Housing Trust Fund
Advisory Committee in
Lieu Thereof Establish-
ing the Trust Fund Advi-
sory Committee and
Providing for the Pow-
ers, Operation, Mem-
bership, and Meetings.
Seconded by Connors.
Motion carried 7-0.
6. Request for Work
Session - Sustainable
Dubuque: City Man-
ager recommending
that the City Council
schedule the Sustain-
able Dubuque Quar-
terly Work Session for
September 8, 2015 at
5:00 p.m. Motion by
Connors to set the
work session as
recommended. 'Seco-
nded by Lynch. Motion
carried 7-0.
There being no
further business, upon
motion the City Council
adjourned at 7:12 p.m.
/s/Kevin 5. Firnstahl,
CMC, City Clerk
1t 8/12