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Proof of Publication_City Council Proceedings 8 17 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 26, 2015, and for which the charge is $346.41. C42P Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of r..,e,®�� , 20 Notary Public in and for Dubuque County, Iowa. Q��I,AL 0� MARY K.VYESTERMEYE'R COMMISSIOn Number 154885 if R roe n— F:1y("arum. EXP. FEB. Temporary Construc- Joseph A. 'and, Enid E. Section 27; and Lot 2 of ject, Upper ••Bee Branch notice -, of public < agement Plan as a for passage at two • i tioll Access Easement Wysocki was adopted.. •Lot 1 of Lott of the NE Creek Mississippi'River hearing to "consider a 'policy document to be Council meetings prior p ' OT. request by 'JLD consideredwhenestab- to the meeting at for :Sanitary Sewer 14. Acte tante of /a of the NE ; /a of Trail (MRT); Iowa D CITY'OF DUBUQUE, Easement-.M-.,• Section 28, all in Project „;'No �SBzI'-A- ,Investments,' `LLCk- to hshmg ,and ,updating which it is to be passed Q � ,Interceptor Through, Grant of, OW y YTownship 100(675)--7T 31 ; `City modify' . J Athe zohmg City regulations,':polr be suspended. Sec- Over and Across' Part - M&M, LLC:, City Man, 89 `North, 2 ;of Lot' 1-2..and Lot, 2A ager •"recommending_, Range East of the 5th Manager "`;recomnien: pp r _ '.programs that o:,ded by Connors,,,„ CITY:000NCIL,- : tl- condition a lied to ; cies•and n 'Kerper=lndustrml Park, ,.'acceptance;of a Grant' P M.,, h the' City of '`ing ;,approval of% the the'propertylocated at,Y, retluce . flood �,;nsk ;? Mot Aon carne 7-0. ' .PROCEEDISGS , w ' 'in-the.G�it of Dubuque, :;of '- Sanitary' `Sewer Dubuque,'.Iowa; iwere". ; preliminary ;plans, 900 ,ya�Seippelt ;Road improve;'water `quality„ ,•:Motion 'by Jones for REGULAR SESSION ;Iovria.* s ado ted. Force Main: +Easement adopted.'...i.„':.., ,4 ,•, specifications, :form<'of regarding'•' fen ' ieducate ' :people final consideration and `' �� � Y P.�. ting and =" and : ed The Det inoue ulay , 6:• ,Ci Assessor's 'through, ;over and .- 19. Publi,' Educa- contract for the,Upper • the City Manager about watershed stew passage of; Ordinance sessCoupon„met p.m ,p,r :.;: • i. i of - across roe: owned : tional and Government ,r Bea '%Branch Creek • recommending" appro ardship ;v rMotion "by: No. 53 15 Amending Augusn,at 6:30 in on alT' ' Notificatioi P, ihi f M (PEG)'Ca ital''^`Ex en= Mississip i%'Rive 'Trail val. Motion'gib' don'es to r•Connors'to'receive and City<of Dubuque Code- August17, 2015: in the Tax Appeals. Corre-by Phil-Mrhilakis o P p PP , Y Historic Federal Build- 'spondence! from City M&M LLC at 468 East diture > Request + : Project and' setting receive and file (the file the'docurnents and of Ordinances Title 16. aAssessorRick Engeiken ,12th, Street., , Upon, • Dubuque Community September.,8, 2015' as documents and -that adopt -Resolution' `No. Unified Development • ing,350PresentWMayor-, Bu :;.that• provides' addi- motion the'•documents Schools DistrictCity the date public the requirement that a` 287-15 Adopting Cat- Code, Chapter 8 Zoning M mbers B ai ti. t'ional ,information• to were received' and filed .... Manager recommend- .l`ean'ng. Upon motion proposed ortlioance:be fish Creek Watershed Board of Adjustment Council Members Bnch the notification "of ' and::Resolutio'n No. 278 ing approval of the the documents were considered and voted Management Plan., Applications by Re- Resnors, Jon to, Lynch property tax appeals •15;Accepting,a`Grant of;; : Cable .TV Commission: received and ,filed and on for passage at two Seconded by Jones. pealing; Section 16-8-1 Managerg, VSatt Mi City •- 'that appeared'onthe Easement'for'Sanitary - •recommendation ` for` Resolution.' No: 283-15 Council meetings prior` Motion carried 7-0. Zoning Board • , of Van indahl that 3, 2015 Agenda. Sewer Force Main funding from,.', ' the Upper Bee Branch to the meeting r at . 4. State of Iowa Water Adjustment, and Adopt- the Lindahl_ .. :read•the 'Upon motion the Through,' Over And Public,Educational„ Greek Mississippi River which it is to kik passed Resource Restoration ing a New Section 16-8- Mayor. Buol:^•Sec- S Mayorail (MRT) Iowa ,DOT be ,;suspended ponsored'-Project Pro- 1 ,..Zoning -Board of ;call andsessio this:,of t e documents were, re Across Pasant Lot 501 app Government (P for 'P'roecti :No SB=IA- ondetl. by! .,,`ResnGck ;•gram`.Funding, Agree- Adjustment in Lieu. regular aessionof ,the ceroed and filed. and',. the ,East, ,404 of Capital.:,; Grant., _ o . , j .,.�, ;, ,: , . ,. ,) ..., "Establishing • •, 7. ITC •Midwest Outlot 501, in-;the ,City: Access Egwprn"ant and 2°1.00(675) ,77 31 PlannmgServ,jcesMan- inert `" Catfish "Creek Thereof. they ,purpo e.,calletl con- _ EasemenfAgreement -" of"Dubuque; owa, was Facilities•for-Dubuque Preliminaryapprovalof . ager:, Laura 'Carstens; Watershed Authority the Zoning Board. of du ;ngrsuce of nen 2849 White: Street:.Ci adopted 4 ' '_` Community Schools, for: plans„ • specifications ..provided a staff report' Board: -;:City' Manager Adjustment Providing ducting such :buoiness . i . ending author for the 'Powers, Oper that May ro erl :':Manager !:recommend- 15pUpper,BeeBranch.: avarietyofproduction- ;form of contract, and' Motioncarned70._�, recomm • - y P 1,.yng a estimated cost, setting Motion by Jones-for ; zation forthe Mayor to ation, Membership, come before: the _Oity, oval of ;an CreekreekRestoration.•Pro- equipment, includ �.�, ea ement', agreement ject 429 Rhomberg camcorder, tripod', poi date of- public hearing . final,: consideration and execute, the Agreement and Meetings. .Sec- Council. with ITC' Midwest for Stabilization- Project table lighting system; pecifica-'.,passage of::Ordinance, withrtheCatfish Creek onded.byConnors. PLEDGE ®F ., do plors,.' s N. . . d 1,^ ,carried ALLEGIANCE ';electric: aransmission City; Manager recom- microphones and a, tions form of contract, No. °52-15 Amending, Watershed Authority Motion ubl7Etluca- PROCLAMATION(S) line maintenance work mending approval of a,' teleprompter, system` and ,estimated cost Title, 16 of the City,of for_. "the purpose .of 10 Welcome .:,.Back. ;at 2849, White Street. resolution'"tor: correct to be`usedto produce was adopted setting; a Dubuque • CodecL of expending funds-:` in tional, and Government - g "" public hearing for'`a "Ordinances; Unified: State of Iowa-: Water (PEG) Capital -Expen Students Weeks{Aug Upon - „motion 'the the retaina el amount programming far its wasdocuments were, 're- for the acceptance of educational access meeting to commence ' ;DevelopmentCode by: Resource Restoration diture Request- Cityof act pted8, 2015).. - ;ceived;._ ,"filed 'and 'the construction Econ.- channel; Upon motion- at 6.30..;, p m „on Reclassifying: Herein= Sponsored Project Dubuque; ::City -'-Man- Pow Man- Powers by ;:.,Gr ,Jan ..,,. . approved: - tract for,•:the �-429 .the documents ::were September.;8 2015"ln after °Described'q'Pro-- program funding-�;ap- ager recommending Duof opment 8 Trailheed Energy Rhomber g ;received,: filed'` and , the Historic Federal" perty''Located at,r900 proved for improve- approval of the Cable Dubuque Develonment ' g Buildin ' •-Oontracti City Manager Stabilization""'Project.- 'approved. Building. SeppelRoad from CSc . inerts..'. within,:;';:the TV Commission recom- Corpv 9the Great r� t Riv ro-, Upon motioni.the docu 20. Grand. River "I ..BOARDS'/ ' Commercial_Service l` • Catfish`Creek Waters- . mendation: for funding Drive Month Gr (Se tem .recommending app p ' valrof the-executiomof mems were.�:reeeived Center.'. Digital `Display ��'� COMMISSIONS ::� and Wholesale District lied irolaccordance,with from the • Public, ber Road-2015)w accept `'r Review of� appli- with Conditions to=list the :Catfish :Creek Educational, and Gov- ber.2015) was accept- a-contract with Trail- and::filed':and-Resolu-' Replacement: City Man `, Gov- ed byJohn Goodmannhead Energy to corn- .tionNo.279715;:Rescind ager '`:recommending cations_:for the�•fol.. ,.Commercial r' Service Watershed • Manage- 'ernment (PEG) Capital • Cirp ..lete work •related :to', ing •,Resolution,• -219-15 replacement of 35 lowing • ' Boards/Com- and, Wholesale District Ment Motion.,,;. by Grant for , Access Mississippi er;., the ,•,. e tin `the 429 di ital din lays`'>at the' mission: ;'Applicants with Conditions, as' Connors to receive_and Equipment;. and ` Facil- Mississippi Riven Park- :a one- s`'compefi mi :and ,Arc p, g g P Y 'as on'e of'52 semi- Rhomberg ',Demolition:; Grand River• Center,°, were invited to address Established in the file the;'.;tlocurrient"s and .ties 'for :the City `of. Tomahawk commission, 1306 finalists for 'the and'; Building • Stabili:= subject ,to a future • the City Council -re . Attached . ;:Memoran -adopt ;Resolution No-Dubuque-to-purchase a ToCONt NTw •Universit nation .-Pro`ect. •,and bud etl amendm`ent:, garding their appoint- , dum" of -Agreement. 28815 ;Approving, the J' dronetoicapture,aerial MotionOby ITEMS Energyto n Y .- g 'rrient Seconded by.,;Resnick:: Agreement between : video 'antl`,still;'images ,by Lynch' to Energy ,Prize. -Upon Authonzm"g - ;the Pay,• " ;Upon ,,, motion ''-':'..',-,the , r r .motion the documents -merit to'the Contractor documents were re +1':`-'Arts and Cultural Motion carried? 0i : the ,Catfish.n `Greek of City projects -;and deceive'' and dap , the fit d was;ado ted:: f ceived filed ;'; and Affairs Advisory. Com 3 ,Sala of Property, Watershed (Authority ,initiatives `•;Motion;;: by, documents,: adopt the Vera received, e p , • _ -:and-a roved. ' . 16: lowa'',-Department approved mission ,,One 3 year •1Neaver Castle LLC [ ` antl the City. ,,of `Connors to,'recaive; and • resolutions, and .din pp.- f 9. U.S,Pe artrnentOf o Transportation 21:''Tobacco'Com -term through June730 396 W 'Locust Street:- Dubuque Iowa;forSRF. ',file the doc`uments'and pose-,de "as ; indicntes: r, . i , p n ID m.,,. :Housm :and Urban'', 'OPDT), Traffic Safety • pliance' 'Civil'Penalty '2018 (Vacant term''`=of 'Proof of"publicatron'',on` Water `'Resource'`Res- approve" the, recom- `'Develo9mentContract Improvement;:i.Grant - for Tobacco License .Henkels): Applicant: - the ; sale• of: 396, iW toration Project Sec- • mandation. "-Seconded Seconded by Connors FN ^ ` g Mot, I. Minu e-0 ,_d p 'Continuum. of caret Northwest•Arterial' and Holder'- Family 'Mart: Matthew Gregory, T560'u -Locust Street :: to , onded by .Lynch.' by Brai ...Motion its Minutes;, ,and i '� ,cSpecial'•Needs Assist= 'Pennsylvania„°,' Avenue', City Manager !recom= ' Iowa St. Unit 3 Weaver Castle LLC and Motionearned 7 ,0. ,earned 70^, ° "' Reports Submitted,, ranee'` Pro ram., ;;City Rigl t , Torr)-.:'Lane' mending approval of (Qualifies for Business the -City Manager 5i, `Skate "-Park `11 Request for Work•' oabi ym,c_ounil rthe Acknowledgement/ Professional in^. the recommendin appro, Evaluation and =)Con Session Inclusi' of.'..6/3;.--,City .council ;Manager =;recomme;citl- .Improvement:;: .City - g ve • Motion •by.,Connors ceptual ,Design Consul Dubuque : . City' ..Man Proceedm s :of;-...8/3, ''ng, approval 'of ;the Manager:,, recommend-, Settlement "Agreement cultural ...and enter- vol.. i t . execution of the ing'':', approval of ' a 'for a',tobacco tom- tainment'district): -M.F. to receive and file the tant "Selection City ager requesting .that:, Civic Center Commir contract`°with' the:: US. resolution-,authorizing; •pliance violation for Gregory spoke ..in documents: and adopt; Manager recom"mend the; City Council: Bion of 7/27; : ees:„a 'De artment of Housin 'the filing ' ; . l i schedule the Quarterly Board.,of Trustees of , Department ,. -;. , g ..:.;. - -. of his Resolution No. 285`15 ing ;approval of the s 7/23 of an Family Mart,` 3201 support - • and : Urban Develop' application' with the Central Avenue. Upon, appointments .: Attaching Single Far selection of, „y Pillar _inclusive Dubuque; vatic Historic ;ioreser- .Ment •. for ' adrriinis- 'Iowa Department of motion the documents 2. Housing Trust Fund ily Residence Restric. Design Studios, as the Work , Session' for 16; -Zoning' . dnof7 •, - tration„ of the Transportation ,, for Were received;-- filed ;Advisory";,Committee ;tive,.Covenant, Whe;. consultant For< the •N,ovember;.2; 2015 at 16, ,Zosinn Advisory Continuum of ': Care Traffic Safetylmprove,' and approved. '' ' One, 3 - °year term then Owner,' Occupied . Skate ,Park ,Evaluation 5:00 p m Motion; ;by. ZoningB commission,,,,, of; '.8/3, . ;5 ecial•:'N'eeds,Assist-' ment-Proram^funding 22, •Tobacco Com- through August.':: 17; "orSingleFamilyRental,: and, Conceptual.' Design Jones to• sohedule.the- nients Board of sof o - p - ,r - ance "Program ffor for : the;:, Northwest pliance' CiviltPenalty 2018 (Vacant term of to .396 W. Locust Project.;, ,Motion,' by work session as :i mentc Publication 7/23. Proof City inert � Shelter .Plus Arterial ,an, d Penn for Tobacco License . Holz) Applicant: Jim Street, Dubuque 'IA Connors; to-receive and recommended.,," ,Sec- Couii-Prearn s of ) n m'otionthe s 8vania Avenue gHolder- Ron's Discount :Holz :301.0. Indiana and: Resolution No-286 fil'e,'the;documents and , onded bye Connors: Councrli P.ro motion the were. re- turn right` p,,. Disposing;ried70 „,. 7/20; Upon, motion�.the, Care po y ,., m., R of ':City approve. the'recom- •� Motion car ceiveden filed :''and U-onane otionernthe;center s#i city', Mane .,lou 3 Human Right, _Interest, in Peal :Pro"- mendation:,„ Seconded „ , 12. :Requ'est..'to documents ,were re- .,a roved.r documents were.,'re ager recommending Commission. `One,''(-3= pertyLocatedat396'W. by Jones:. Motion -carr- Schedule : Tour of ceived; -,-ottl filof.:r -pp - 10 Reimbursement ceived and' filed and approval of '' the year -term" through Locust Street m f the' Fled 7-0 `Intermodal'± Transit 2. •.Suits Claim by 'Resolution - Creek Resolution_, No. 280-15` Acknowledgement/ „January• r 1, j.,2016„.,., City' of Dubuque, lows: 6: SRF Green' Alley Facility' and Resche;- antl .Suits:;. CI aim.;ori Wood" ` Park. City Authorizing the FilingSettlement Agreement . (Vacant :' term ; . of ,Seconded :by .Jones.: Project Bid Set 3-- Year Jule Quarterly Sus ", Applewood III ., (Hon Manager' recommend- of a Grant'A;pp 770.-...-1 31-Award City Manager.. tamable Dubuque Work non)'_ 'j for, _;rpro.p,erty, . i , ,, , hcation for a: tobacco-- coin :Lenhart).'' Applicants ,Motion carred.. i :rCi -- Dna er:: ing-a ?.oval Of • a With the•,,iowa Depart-..„, pliance ,•violation for -:Sarah Fisher.. _3045 __ Ugon motionthe rules. recommending,,;;award- : Ness ojj, .0 ty Man. ger damage Claim ar u"reim.ur . - s i ,,,., M, : , , .4. I t vr4 ,vier rel stated.•hm`lt- of :.the :construction :,re uestin 'that the f - •� - ..,:,_reimbucsement,,resOlu.• inert of Transportation., ons:.:Drscount rnokes , Kaufmann;��RS:�Ste; �.,,f ,�, .> ,7!.�..:a. ,,.r� ..:,.,, ; ,,q g Br'r property-dpmager :::,. .,; i ,. .& aie-ea e,., e s 'p . s . ..1" -i he: _ contracts-to''-the-•alOw . Ci Council- • � H,utron� i'to,� serve.;:as for;Traffic�:;Safety-Im;-- .&.Bevera e Center #`i; ,ar'h,-460tiSummitStM mg,discu"ssion tot ,tY` ,_:.. for _propebty damage g • official `intent" ` to proyements `'Funding'' 3300' Asbur '1,Road: Fisher spoke m support City:Council: '>".1>'-,41,--,bidder.:`: ',Fortier' =Con- Jule the' Quarterly;;, Y'' Claim. by Trisha. ,reimburse the. project for.the• Cityof;Dubuque Upon motionthe ofher ACTIONITEMS X struction Inc Motion Sustainable Dubuque. Federspiel .for. vehicle.. expenditures -.for 'the- -.NW-Arterial and Penn documents were re Appointments were ,: 1:` Arts •and; Culture by Braig to receive and ' work ' 'session 'to Shy. Claim or Creek 'Wood, ',Park sylvania Avenue Right ceived;' filed ;'' • and ' made to the following , Master Plan' Update: file the ,documents and Monday, October, 5, at; Sheryl : Halling. -for D'evelo' inert' Project Turn • Lane Improve approved '`` Commissions Verbal .; Update from adopt . Resolution No. '5:00 p.m.,City Manager .:' vehicle damage Claim P i i' the a& required under the Ment was adopted: 23: Alcohol Com: ,:-' `'4. Cable Arts',' and Culture 289-15 Awarding Public further requests;,Coun- vby tioters ,.,of Federal' -: Tax-Exempt ,17 Childhood Lead pliance Civil Penalty .Commission: One ::3- Master Plan „Consul Improvement Contract cil approval to sche- d magon for- vehicleotio:Bond' Reulation:"U on Poisoning aPrevention for Alcohol ; 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 26, 2015, and for which the charge is $346.41. Pd, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this c727C4 day of , 20 /" . Notary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYER Commission Number 154885 My Comm. Exp. FE3, 1, 2017 Temporary Construc- Joseph A. and Enid E. Section 27; and Lot 2 of ject, Upper Bee Branch notice of public agement Plan as a tion Access Easement Wysocki was adopted. Lot 1 of Lot 2 of the NE Creek Mississippi River hearing to consider a policy document to be for Sanitary Sewer 14. Acceptance of Y4 of the NE i/4 of Trail (MRT), Iowa DOT request by ' JLD considered when estab- CITY OF DUBUQUE, Interceptor Through, Grant of Easement - M- Section 28, all in Project No. SB-IA- Investments, LLC to lishing and updating IOWA Over and Across Part M&M, LLC: City Man- Township 89 North, 2100(675)--7T-31: City modify the zoning City regulations, poli- CITY COUNCIL of Lot 1-2 and Lot 2A ager recommending Range 2 East of the 5th Manager recommend- condition applied to cies and programs that PROCEEDINGS Kerper Industrial Park, acceptance of a Grant P.M., in the City of ing approval of the the property located at reduce flood risk, REGULAR SESSION in the City of Dubuque, of Sanitary Sewer Dubuque, Iowa, were preliminary plans, 900 Seippel Road improve water quality, The Dubuque City Iowa, was adopted. Force Main Easement adopted. ' specifications, form of regarding fencing and and educate people Council met in regular 6. City Assessor's through, over and 19. Public, Educa- contract for the Upper the City Manager about watershed stew - session at 6:30 p.m. on Office Notification of across property owned tional, and Government Bee Branch Creek recommending appro- ardship. Motion by August 17, 2015 in the Tax Appeals: Corre- by Phil Mihilakis of M- (PEG) Capital Expen- Mississippi River Trail val. Motion by Jones to Connors to receive and Historic Federal Build- spondence from City M&M LLC at 468 East diture Request - Project and setting receive and file the file the documents and ing, 350 W. 6th Street. Assessor Rick Engelken 12th Street. Upon Dubuque Community September 8, 2015 as documents and that adopt Resolution No. that provides addi- motion the documents Schools District: City the date of public the requirement that a 287-15 Adopting Cat - Present: Mayor Buol; tional information to were received and filed Manager recommend- hearing. Upon motion proposed ordinance be Connor Members Braig the notification of and Resolution No. 278- ing approval of the the documents were considered and voted Resn Resnick, Jon to, Lynch, property tax appeals 15 Accepting a Grant of Cable TV Commission received and filed and on for passage at two Manager Sutton; City that appeared on the Easement for Sanitary recommendation for Resolution No. 283-15 Council meetings prior Van Mdahl August 3, 2015 Agenda. Sewer Force Main funding from the Upper Bee Branch to the meeting at CityM Attorney Lindahthel Upon motion the Through, Over And Public, Educational, Creek Mississippi River which it is to be passed caMayor Buolaread is documents were re- Across Part of Lot 501 and Government (PEG) Trail (MRT) Iowa DOT be suspended. Sec - regular stated of the a regular session of the ceived and filed. and the East 404' of Capital Grant for Project No. SB-IA- onded by Resnick. City Council called for 7. ITC Midwest Outlot 501, in the City Access Equipment and 210 0 (6 7 5) - 7 T - 3 1 Planning Services Man - the purpose of con- Easement Agreement - of Dubuque, Iowa, was Facilities for Dubuque Preliminary approval of ager Laura Carstens ducting such business 2849 White Street: City adopted Community Schools for plans, specifications, provided a staff report. a variety of production form of contract, and Motion carried 7-0. equipment, including a estimated cost; setting Motion by Jones for camcorder, tripod, por- date of public hearing final consideration and table lighting system, on plans, specifica- passage of Ordinance microphones and a tions, form of contract, No. 52-15 Amending teleprompter system and estimated cost Title 16 of the City of to be used to produce was adopted setting a Dubuque Code of programming fqr its public hearing for a Ordinances, Unified educational access meeting to commence Development Code, by channel. Upon motion at 6:30 p.m. on Reclassifying Herein - the documents were September 8, 2015 in after Described Pro - received, filed and the Historic Federal perty Located at 900 approved. Building. Seippel Road from CSc 20. Grand River BOARDS/ Commercial Service Center Digital Display COMMISSIONS and Wholesale District Replacement:CityMan- Review of appli- with Conditions to CSc ager recommending cations for the fol- Commercial Service replacement of 35 lowing Boards/Com- and Wholesale District digital displays at the mission. Applicants with Conditions as Grand River Center, were invited to address Established in the subject to a future the City Council re- Attached Memoran- budget amendment. garding their appoint- dum of Agreement. Upon motion the ment. Seconded by Resnick. documents were re- 1. Arts and Cultural Motion carried 7-0. ceived, filed and Affairs Advisory Com- 3. Sale of Property - approved. mission: One, 3-year Weaver Castle, LLC / 21. Tobacco Com- term through June 30, 396 W. Locust Street: pliance - Civil Penalty 2018 (Vacant term of Proof of publication on for Tobacco License Henkels). Applicant: the sale of 396 W. Holder - Family Mart: Matthew Gregory, 1560 Locust Street to City Manager recom- Iowa St. Unit 3 Weaver Castle LLC and mending approval of (Qualifies for Business the City Manager the Acknowledgement/ Professional in the recommending appro- Settlement Agreement cultural and enter- val. Motion by Connors for a tobacco com- tainment district). Mr. to receive and file the pliance violation for Gregory spoke in documents and adopt Family Mart, 3201 support of his Resolution No. 285-15 Central Avenue. Upon appointment. Attaching Single Fam- motion the documents 2. Housing Trust Fund ily Residence Restric- were received, filed Advisory Committee: tive Covenant,` Whe- and approved. One, 3 year term ther Owner Occupied 22. Tobacco Com- through August 17, or Single Family Rental, pliance - Civil Penalty 2018 (Vacant term of to 396 W. Locust for Tobacco License Holz) Applicant: Jim Street, Dubuque, IA; Holder - Ron's Discount Holz, 3010 Indiana and Resolution No. 286- Smokes & Beverage Court. 15 Disposing of City Center #1: City Man- 3. Human Right Interest in Real Pro- ager recommending Commission: One, 3- perty Located at 396 W. approval of the year term through Locust Street, in the Acknowledgement/ January 1, 2016 City of Dubuque, Iowa. Settlement Agreement (Vacant term of Seconded by Jones. for a tobacco com- Lenhart). Applicants: Motion carried 7-0. pliance violation for Sarah Fisher, 3045 Upon motion the rules Ron's Discount Smokes Kaufmann; R.R.S. Stew- were reinstated limit- & Beverage Center #1, art, 460 Summit St. Ms. ing discussion to the 3300 Asbury Road. Fisher spoke in support City Council. Upon motion the of her appointment. ACTION ITEMS documents were re- Appointments were 1. Arts and Culture ceived, filed and made to the following Master Plan Update: approved. Commissions. Verbal Update from 23. Alcohol Com- 4. Cable Television Arts and Culture pliance Civil Penalty Commission: One 3- Master Plan Consul - for Alcohol License year term through July tants Brad King and Holder - Family Mart: 1, 2017 (Vacant term of Priya Sicar of Lord City Manager recom- Stevens). One 3-year Cultural Resources. mending approval of term through July 1, Motion by Connors to the Acknowledgment/ 2018 (Expired term of receive and file the Settlement Agreement Hoverman). Appli- information and listen of an alcohol com- cants: Mark Dolson, 54 to the report. Sec- pliance violation for Alpine St.; Sr. Carol onded by Jones. Motion Family Mart, 3201 Hoverman, 1555 White carried 7-0. Arts and Central Avenue. Upon St. Apt 1 (additional Cultural Affairs Coor- motion the documents applicant). Upon roll- dinator Debra Alleyne were received, filed call vote (Braig, Lynch, introduced Brad King and approved. Jones, Buol), Sr. and Priya Sicar of Lord 24. Alcohol Com- Hoverman was ap- Cultural Resources pliance Civil Penalty pointed to the who reported on Phase for Alcohol License remainder of a 3-year Two of the three-phase Holder- Ron's Discount term through July 1, plan regarding public Smokes & Beverage 2017. Motion by Braig engagement and des - Center #1: City Man- to appoint Mark Dolson cribed the survey and ager recommending to a 3-year term workshops scheduled approval of the through July 1, 2018. for arts partners, Acknowledgment/Set- Seconded by Resnick. stakeholders, targeted tlement Agreement for Motion carried 7-0. groups and citizens an alcohol compliance 5. Long Range and what types of violation for Ron's Planning Advisory Com- media are being used Discount Smokes & mission: One 3-year to distribute the infor- Beverage Center #1, term through July 1, mation and survey. 3300 Asbury Road. 2017 (Vacant term of 2. Text Amendment - Upon motion the Beytien). Applicant: Residential Freestand- documents were re- Mark Dolson, 54 Alpine ing Solar Arrays (3nd ceived, filed and St. Motion by Braig to Reading): Request by approved. appoint Mark Dolson to the City of Dubuque to 25. Alcohol License the remainder of a 3- amend the Unified Renewals: City Man- year term through July Development Code to ager recommending 1, 2017. Seconded by establish procedures approval of annual Connors. Motion car- for the review of new liquor, beer, and wine ried 7-0. freestanding solar licenses as submitted. PUBLIC HEARINGS arrays and the Zoning Upon motion the docu- Upon motion the rules Advisory Commission ments were received were suspended allow- recommending appro- and filed and Reso- ing anyone present to val. Motion by Jones to lution No. 282-15 address the City Coun- consider the final adopt Resolution No. Approving applications cil on the following reading and adoption 291-15 Approving the for beer, liquor, and/or items. of Ordinance No. 54-15 Acquisition of Real Es - wine permits, as 1. Burlington Trail- Amending Title 16 of tate Owned by Patricia required by City of ways Lease Agree- the City of Dubuque S. Chamberlain, in the Dubuque Code of ment: Proof of pub- Code of Ordinances, City of Dubuque. Ordinances Title 4 lication on notice of Unified Development Seconded by Jones. Business and License public hearing to Code, by Amending Motion carried 7-0. Regulations, Chapter 2 approve a lease Articles 16-5-2-2 (R-1), 9. Code of Ordinances Liquor Control, Article agreement with Bur- 16-5-3-2 (R-2) 16-5-4.3 Amendment - Title 16 that may properly Manager recommend - come before the City ing approval of an Council. easement agreement PLEDGE OF with ITC Midwest for ALLEGIANCE PROCLAMATION(S) Welcome Back Students Weeks (Aug- ust 17-28, 2015) was accepted by Jan Powers of Greater Dubuque Development Corp., 900 Jackson St. Drive the Great River Road Month (Septem- ber 2015) was accept- ed by John Goodmann, Chairperson of the Mississippi River Park- way Commission, 1306 Tomahawk Dr. 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: Cable TV Commission of 6/3; City Council Proceedings of 8/3; Civic Center Commis- sion of 7/27; Library Board of Trustees of 7/23; Historic Preser- vation Commission of 7- 16; Zoning Advisory Commission of 8/5; Zoning Board of Adjust- ments of 7/23; Proof of Publication for City Council Proceedings of 7/20; Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Claim by Applewood III (Hori- zon) for property damage; Claim by Brandy Breitsprecker for property damage; Claim by Trisha Federspiel for vehicle damage; Claim by Sheryl Helling for vehicle damage; Claim by Sisters of the Visitation for vehicle damage. Upon motion the documents 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: Apple - wood III for property damage; Brandy Breit- sprecker for property damage; Trisha Fed- erspiel for vehicle damage; Sheryl Helling lot frontage require - Upon for vehicle damage. ment for Lot 3 and Lot motion the re -Area for Lots 1 and 3. documentswereand Upon motion the ceived, filed Iowa documents were re- 4.conc4 ceived and filed and AFinance Resolution No. 275-15 Matching (IFA) Grant - Approving the Final Funds Re- plat of Schlosser Place quest:recommending City Manager in the City of Dubuque, valto omfundsppro- Iowa, was adopted. from to commit h 12. Pre -Annexation Cascade the North Agreement - Thomas & TIF aY 2016 Judith Priebe: City receiptsIw a match to Manager recommend- Authoritythe Iowa Finance ing approval of a Pre - from thea(Ie grant Annexation Agreement from State Housing with Thomas J. and Trust Funds. Upon motion the documents Judith J. Priebe, for property located wereat received and filed 14928 Old Highway and15 pp Resolution o mid272- Road. Upon motion the ment Approving Commit- documents were re - Funds of Matching ceived and filed and for thean Appli- Resolution No. 276-15 cationFinnAuthoritytIowa Approving a Pre - for SatHuing Trustt Annexation Agreement Fords was Housing between the City of Funds adopted. Dubuque, Iowa, and 5. Bard TemporaryMepa Thomas J. And Judith J. Grantonsof crPriebe was adopted. Construction Access 13. Pre -Annexation Easement: City Man- Agreement - Joseph & agere recommending Enid Wysocki: City acceptance of a Manager recommend- tion access construc-ming approval of a Pre- tion easement Annexation Agreement electric transmission line maintenance work at 2849 White Street. Upon motion the documents were re- ceived, filed and approved. 8. Trailhead Energy Contract: City Manager recommending appro- val of the execution of a contract with Trail - head Energy to com- plete work related to Dubuque's competition as one of 52 semi- finalists for the Georgetown University Energy Prize. Upon motion the documents were received, filed and approved. 9. U.S. Department of Housing and Urban Development Contract - Continuum of Care Special Needs Assist- ance Program: City Manager recommend- ing approval of the execution of the contract with the U.S. Department of Housing and Urban Develop- ment for adminis- tration of the Continuum of Care Special Needs Assist- ance Program (for- merly Shelter Plus Care). Upon motion the documents were re- ceived, filed and approved. 10. Reimbursement Resolution - Creek Wood Park: City Manager recommend- ing approval of a reimbursement resolu- tion to serve as "official intent" to reimburse the project expenditures for the Creek Wood Park Development Project, as required under the Federal Tax -Exempt Bond Regulation. Upon motion the documents were received and filed and Resolution No. 274- 15 Declaring an Official Intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expen- ditures paid in connection with the Creek Wood Park Project was adopted. 11. Final Plat - Schlosser Place: Zon- ing Advisory Commis- sion recommending approval of the request subject to waiving the 15. Upper Bee Branch Creek Restoration Pro- ject - 429 Rhomberg Stabilization Project: City Manager recom- mending approval of a resolution to correct the retainage amount for the acceptance of the construction con- tract for the 429 Rhomberg Building Stabilization Project. Upon motion the docu- ments were received and filed and Resolu- tion No. 279-15 Rescind- ing Resolution 219-15 and Accepting the 429 Rhomberg Demolition and Building Stabili- zation Project and Authorizing the Pay- ment to the Contractor was adopted. 16. Iowa Department of Transportation (IDOT) Traffic Safety Improvement Grant - Northwest Arterial and Pennsylvania Avenue Right Turn Lane Improvement: City Manager recommend- ing approval of a resolution authorizing the. filing of an application with the Iowa Department of Transportation for Traffic Safety Improve- ment Program funding for the Northwest Arterial and Penn- sylvania Avenue right turn lane improvement. Upon motion the documents were re- ceived and filed and Resolution No. 280-15 Authorizing the Filing of a Grant Application With the Iowa Depart- ment of Transportation for Traffic Safety Im- provements Funding for the City of Dubuque NW Arterial and Penn- sylvania Avenue Right Turn Lane Improve- ment was adopted. 17. Childhood Lead Poisoning Prevention Programs Contracts: City Manager recom- mending approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health for continued funding of the Childhood Lead Poison- ing Prevention Pro- gram, a renewed agreement with the Visiting Nurse Asso- ciation for services related to the Child- hood Lead Poisoning Prevention Program and Health Homes Program, and an agreement with the Iowa Department of Public Health for data sharing. Upon motion the documents were received, filed and approved. 18. Halle -Properties LLC - Grant of Sanitary Sewer, Sidewalk and Storm Sewer Ease- ment: City Manager recommending accept- ance of the Grant of Sanitary Sewer and Sidewalk Easement and Grant of Storm Sewer Easement from Halle Properties LLC for existing utilities across their property on John F. Kennedy Road (formerly the Long John Silver's restaurant site). Upon motion the documents were received and filed and Resolution No. 281- 15A Accepting a Grant of Easement for Storm fish Creek Watershed Management Plan. Seconded by Jones. Motion carried 7-0. 4. State of Iowa Water - Resource Restoration Sponsored Project Pro- gram Funding Agree- ment - Catfish Creek Watershed Authority Board: City Manager recommending author- ization for the Mayor to execute the Agreement with the Catfish Creek Watershed Authority for the purpose of expending funds in State of Iowa Water Resource Restoration Sponsored. Project program funding ap- proved for improve- ments within the Catfish Creek Waters- hed in accordance with the Catfish Creek Watershed Manage- ment. Motion by Connors to receive and file the documents and adopt Resolution No. 288-15 Approving the Agreement between the Catfish Creek Watershed Authority and the City of Dubuque, Iowa, for SRF Water Resource Res- toration Project. Sec- onded by Lynch. Motion carried 7-0. 5. Skate Park Evaluation and Con- ceptual Design Consul- tant Selection: City Manager recommend- ing approval of the selection of Pillar Design Studios as the consultant for the Skate Park Evaluation and Conceptual Design Project. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Jones. Motion car- ried 7-0. 6. SRF Green Alley Project Bid Set 3 - Year 3 Award: City Manager recommending award of the construction contract to the low bidder Portzen Con- struction, Inc. Motion by Braig to receive and file the documents and adopt Resolution No. 289-15 Awarding Public Improvement Contract for the SRF Green Alley Bid Set 3 - Year 3 Project. Seconded by Connors. Motion car- ried 7-0. 7. Iowa 32 Hike -Bike Trail Phase 4 and 5 Project Award: City Manager recommend- ing the award of the construction contract to the low bidder, Drew Cook & Sons Exca- vating Co., Inc. Motion by Lynch to receive and file the documents and adopt Resolution No. 290-15 Awarding Public Improvement Contract for the Iowa 32 Hike -Bike Trail - Phase 4 & 5 Project. Seconded by Jones. Motion carried 7-0. 8. Bee Branch Creek Restoration Project Property Acquisition - 2450 Washington St and 2442 - 2446 Washington St.: City Manager recommend- ing acquisition of 2450 Washington Street and 2442 - 2446 Washington Street for the Bee Branch Creek Restor- ation Project and for expansion of Comiskey Park. Motion by Con- nors to receive and file the documents and Sewer Over and Across B Liquor, Beer and lington Trailways at (R-2A), 16-5-5.3 (R-3) Zoning Board o Lot 2 of Lot 2 of Lot 2 of Wine Licenses and the Intermodal Transit and 16-5-6.3 (R-4), 16-5- Adjustment: City Man - the W Y2 of the NW Y4 Permits was adopted. Facility and the City 7.3 (OR) and 16-5-9.3 ager recommending of Section 27; and Lot 2 ITEMS SET FOR Manager recommend- (OC) to establish approval of an ordi- of Lot 1 of Lot 2 of the PUBLIC HEARING ing approval. Motion maximum area and nance which adds a NE 1/4 of the NE 1/4 of Motion by Lynch to by Lynch to receive height requirements new Section 16-8-1 cons Bard a sanitary to with Joseph A. and Section 28, All in receive and file the and file the documents for residential free- which establishes the construct a Enid E. Wysocki, for Township 89 North, documents, adopt the and adopt Resolution standing solar arrays. Zoning Board of sewerpao inerceptor as property located at Range 2 East of the 5th resolutions, set the No. 284-15 Disposing of Seconded by Resnick. Adjustment and pro- Creekat Pr the Bee onBranch 14946 Old Highway P.M., in the City of public hearings as an interest in real Motion carried 5-2 with vides for the powers, Project Contract Road: Upon motion the Dubuque, Iowa; and indicated, and direct property by easement Lynch and Connors operation, membership #7 Railroad Sewer Crossing Projectdocuments were re- Resolution No.281-15B the CityClerk to to Burlington Stage votingnay. and meetings. Motion 2Kerper Lot g 1-2 and Lott2A rper ceived and filed and Accepting a Grant of publish notice as Lines, LTD. Seconded 3. Catfish Creek by Jones to receive and Industrial Park. Upon Resolution No. 277-15 Easement for sanitary prescribed by law. by Jones. Motion Watershed Manage- file the documents and motion the documents Approving a Pre- sewer and sidewalk Seconded by Resnick. carried 7-0. ment Plan: City Man- that the requirement were received and filed Annexation Agreement over and across Lot 2 Motion carried 7-0. 2. Rezoning Request - ager recommending; that a proposed and Resolution No. 273- between the City of of Lot 2 of Lot 2 of the 1. Upper Bee Branch 900 Seippel Road: Proof adoption of the Catfish ordinance be con- 15 Accepting a Dubuque, Iowa, and W Y2 of the NW 1/4 of Creek Restoration Pro- of publication on Creek Watershed Man- sidered 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 Jones for final consideration and passage of Ordinance No. 53-15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 8 Zoning Board of Adjustment Applications by Re- pealing Section 16-8-1 Zoning Board of Adjustment and Adopt- ing a New Section 16-8- 1 Zoning Board of Adjustment in Lieu Thereof Establishing the Zoning Board of Adjustment, Providing for the Powers, Oper- ation, Membership, and Meetings. Sec- onded by Connors. Motion carried 7-0. 10. Public, Educa- tional, and Government (PEG) Capital Expen- diture Request - City of Dubuque: City Man- ager recommending approval of the Cable TV Commission recom- mendation for funding from the Public, Educational, and Gov- ernment (PEG) Capital Grant for Access Equipment and Facil- ities for the City of Dubuque to purchase a drone to capture aerial video and still images of City projects and initiatives. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Braig. Motion carried 7-0. 11. Request for Work Session - Inclusive Dubuque: City Man- ager requesting that the City Council schedule the Quarterly Inclusive Dubuque. Work Session for November 2, 2015 at 5:00 p.m. Motion by Jones to schedule the work session as recommended. Sec- onded by Connors. Motion carried 7-0. 12. Request to Schedule Tour of Intermodal Transit Facility and Resche- dule Quarterly Sus tainable Dubuque Work Session: City Manager requesting that the City Council resche- dule the Quarterly Sustainable Dubuque work session to Monday, October 5, at 5:00 p.m. City Manager further requests Coun- cil approval to sche- dule a 30-minute walking tour of the Intermodal Facility on Tuesday, September 8, at 5:30 p.m. (the original date scheduled for the Quarterly Sustainable Dubuque Work Session). Motion by Connors to receive and file the documents and schedule the works sessions as recommended. Sec- onded by Lynch. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 7:51 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk It 8/26