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Proof of Publication_City Council Proceedings 9 8 15CITY OF DUBUQUE, 'IOWA`': CITY COUNCIL PROCEEDINGS SPECIAL SESSION ' The Dubuque City Councils met:in special ' session at 5:30 p.m. on September 8. 2015 at the Dubuque +:Inter- modal Transportation Center, 950 Elm Street. Present: Mayor. Buol; Council 'Members, Braig, Connors, :Jones, Lynch, Resnick, Sutton; City :•''Manager Van Milligen City Attorney Lmdahi • Also present: Jill Connors, Kelley.r.Deut- meyer, Candace Eu- daley, Teri Goodmann, Tim • Horsfield, Maurice Jones;Tim McNamara, Chandra Ravada, Gus Psihoyos Cindy Stein- -hauser; Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of, con- ducting 'a walking tour of the Dubuque Intermodal Transporta- tion Center. WORK SESSION' Walking Tour of the, Dubuque Intermodal Transportation Center- The ';City Council took 'a guided tour'' of the offices, amenities and surrounds of :the new Jule `"Transportation Center and parking facility located at 950 Elm Street • There'. being . no _further "business,, upon motion the City„Council adjourned: at 5:55 p.m' /s/Kevin'S.Flrnstahl,, CMC City Cierk It 9/16 CITY OF DUBUQUE;;: 'IOWA CITYCOUNCIL PROCEEDINGS REGULAR•SESSION The .Dubuque City Council• met in regular session at;'6 30 p.m: on September; 8, 2015s:in the Historic : Federal 'Building; '350 We 6th Street ,_ -- 'Presentl' Mayor Buol; Council Members Braig, Connors, Jones, LynchResnick, 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 thepurpose of con- ducting such business that. may ' , properly come before the City. Council. ” PLEDGE OF ,ALLEGIANCE, PRESENTATION(S) American Public Works Associatiop•Pro- ject of theYear Award: Civil Engineer ••II,.Jon Dienst presented :the Project of, the 'Year award 'from the American "Public Works Association for the SRF Green Alley Project Bid Set 3 -Year 1 (Environ- mental .Less Than $5 Million) . PROCLAMATIONS) Hunger -.Action Awareness Day (Sep- tember 1,9, 2015) was accepted by ..Kathy 'Hutton, Executive Director of St. Ste- phen's Food Bank, 3145 Cedar Crest Ridge. Daysof •Peace and Ceasefire r (September' 11-29, .2015) was accepted -by Art Roche of the Days of Peace Committee, 5451 Mea- dow Ct. '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 3 Minutes and Reports Submitted:Art and ,' Cultural: .Affairs' Advisory. . Commission of 7/28; City[ Council Proceedings of . 8/3;'. 8/10; 8/17; Civil Service ,Commission `of- 8/19; Historic 2 Preservation Commission of 8/20; Human -Rights':' Commis- sion:; of ."7/13; Long Range Planning Advi • sory Commission 'of 8/19; :Sister City Relationships Advisory' Commission Goal Set- ting of 8/24; . Proof of Publication • :of _ City„ Council Proceedings of 7/28, 7/29, 8/3,'8/10,, 8/17; Proof ofpub- lication for Notice of Claims` and Summary ofReceipts 'for Month Ending •7/31. ,.Upon' motion the documents:, Were received and; filed.' ' 2. Notice of Claims and ` Suits: -. Paul Avenarius.:for vehicle damage, Penni Schmitt for vehicle , damage. Upon motion the documents,, .werere delved, 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: Paul Avenarius for vehicle damage, Penni Schmitt for .vehicle damage, Sisters of the Visitation for • vehicle • damage. Upon' mdtion 'the documents were re- ceived, filed and concurred - r cn O' -n CD >Z O C CD `C o O O 1—h. CD O '"d O 5. ou O O ti o CD n 0 0 O AD Cita N2-C� Cr 041 CD 0 K IQ CD° CD CD pp 0 CD Pu CCD A ¢. 0 CD 0 P CDr* CSD >Z o O. C7 `rs O - fin Cl CD 0 CD CD ¢„ Cl CD rn. E lv N� CD O O -CD O `C Cl O )71 • d O rip 0 SD CD � cn O Cr 0 CERTIFICATION OF PUBLICATION Legal Notices Operators): City Man- motion the'docum'ents Budget Amendment be ;r year term through . Main Street. Restated file the documents and year on ,, all ,fproperty Motion corned 7 Oi,. ager recommending were received and filed set for 'public hearing:October i, ''2018 motion by `Connors `to adopt Resolution No- ;located ?.withjn ,;the . Motion by":Lynch^for approval of an and Resolution No. 3017 on September 21,-2015. .(Expired term of Koch). receive Land and file :the 314-15' Approving an Amended ; final consderafion'and • 4. Dubuque, Water & amendment to .1 the 15 Naming Deposi- Upon motion the` ApplicantDay id -Koch, documents; and concur Agreement for Con- DubuquelndustrialCen- , passage of ^Ordinance Resource 'Recovery Collective, Bargaining to;ries was adopted. documents were ".,re- 1950 Admiral St with the denial as struction of Roadway ter Economic Devel-'No. 57-15 Amending Center Showing Return Agreement with Team- 28_ ; AmeriCorps ceived and filed and r Appointments were decided •by the Historic.: Improvements at JFK opment'District Urban. ' City of Dubuque Code on >= Investment:- '...City;„; S'sters Local` Union= No. Partners'sin Learning` , Resolution No:' 305-15" made to the following Preservation„ ,Commis -a', • Road and West- 32nd, `Renewal ;`Area of .the " of Ordinances'itle.'2 Manager,'transmitting• .; 120 (Bus Operators)., Grant Agreement :for: Settingthe iateforthe `Boards/Commissions. sign Seconded .by Street;:;:between • the :City' ofip. Dubuque, ''Boards and'`.Commis- Commis- -the City's informational Upon motion: 'the: 20152016. ",'City ;Man -.',public. hearing -'on .';Arts and Cultural Resnick�,M'otion car City :of"Dubuque: Iowa County sof' Dubuque, Bions, by Repealing ' brochure about" the ' `documents "were ager recommending "Amendment 'No. 1' ''to. Affairs'Advisory ICom- lied 7 0 and Kivlahan Far"rris, State of ;Iowa, by and , Chapter -'9 Sister .City return' On investment ': ceived;°. filed "?+and`" :approval •of;'the:'City the 'IFiscal,:Year 2016,'mission:'One',. 3 -year 2Greater Dubuque LC- Seconded,by"Con- 'for the benefit of the 'Relationships Advisory at the • Water & ":;approved, ;,;Manager's execution of Budget for the,. City, of terrif through June„ 30, Development' Corpora- nors.'Conn•ors suggest- '" State of:a'owa, City • Commission and Adopt Resource. ' Recovery -15. German' Bank the grant agreement Dubuque was adopted 2018 (Vacant term of tion Quarterly Up- ed that'staff review the Dubuque, County- of ing a New Chapter 9 Center- .Upon -motion :Building: City Manager for the period Sep- setting a ' public Henkels - Business date: President ,and traffic'. congestion at Dubuque l: Dubuque r Sister City- • Relation the document, was recommending appro- ember 1,..,'2015, to hearing for a meeting ;;Professional; in the CEO Rick Dickinson the intersection, during ;Community School bis -;ships Advisory 'Cor - received and filed. val of tithe Release of --'August 31; 2016 with• to commence at 6.30 ,";cultural ,antl°'entertain- provided a verbal, the :construction "per- trict,' and other taxing mission in ;Lieu Thereof 5. Dubuque,Jaycees ';the City's mortgage on m the, Iowa Comission p -m -"on September 21 ; menti district). Appli- report on the activities .iod. Motion carried 7-0,; .;;districts, be paid to a Establishing the Sister 2016 Fireworks Re- the . German f,Berik. 'OM Volunteer Service. ' 2015 =in the `rHistoric,,'cant:r Matthew -Gre- of the Greater Dubuque, 7. Environmental ;special - fund for, . City Relationship's Advi- quest: Correspondence ` Building.- at 342'=,Main Upon; motion= the; ' Federal Budding;'', gory, 1560,I,owaSt. Unit Development. Corpor Covenant'Old City' payment --'of principal soryCommission and . from Thomas Parsley; Street. Upon',Motion "documents ":'were 're:= 4." Bunker-H'ir Golf 3' (Qualifies '' for abort. Mr. a Dickinson, Garage (PNG) Site: City ;and interest on loans, Providing ; for -` the General Manager for the documents were ceived, • filed and Course Irrigation Phase Business Professional highlighted business Manager recommend- monies advanced to Powers, ' _ Operation, Radio Dubuque, in received and filed' and approved. 2 Project: City Manager in the cultural and • retention and expan-, mg :approval ,.of.. a ,;and. ndebtedness, in- Membership, and Meet - partnership the Resolution.' No. 296.15 29.! Improvement . recommendin ,-i mina- :°s entertainment•district). ' Bion human =ca' ital/ : resolution , i;a covin ^,-eludin abonds issued ' •in s. Seconded by> partnership :, t •, Improvement .• g .._, p r pp, 9 9 9... Dubuque -:Jaycees" re- Approving•the Release ,;Contracts. /,."Perfor- tion;;Of the,.-public'<;Motion;by Connors -to :workforce s;aolutions, "•an"EnvironmentalCove- 'or' to ''be' issued, Connors. Motion car uestin a roval " to of a Mort a e. b the'mance -` Payment and biddin rocessforthe. a oint; .Matthew,;Gre recruitment/'obs " sus nant:. and ,Termination 'incurred by said.City in ried'7 0 :,! r'• c di 9 PPir , ug 9 ` Ye' • B d: , :Bunker Hill" illi anon `` op to 'a 3 ear. -term' tamable , ;'i'rinovations and Release of 1 `connection, with the:" COUNCILMEMBER contluct; a^ fireworks ,:City .of Dubuque, -Iowa Mamtenanee on s uLL ,, , ,,,,9 ,,9 rY ,,. y ,,, ,,,_,, , , �,.: •. , , ...Release display on Sunda ;July on the.:German' Bank .Drew Cook &'Sons " Replaeement.Phase 2 :through;;June 30;82018 „,new,,, Job,; ;creation . Property,. 'Restriction `Amended. and Restated' REPORTS". '2 t' Y Inc:".'for• P.ro"ect- .and ";further ::Seconded! b :Resnick. throu"hStart-U Dubu- , for'.tl e oltl Ci Garage Dubuque Council'': Meinber 3, 2016 from ;9;00 p.m. Bwldmg , at'a342;�Main: Excavating> , • , 1 , , : ," .,, Y 9 : p.. •.. �s. 9 q.., ... . to 10:30 p.m:. on Streetw"aeadopted :_, SRF GreenAlley Project , reco,mmends, that a ° Motion,carned 7 0.' , , que - i`and-Airthe NEXT ",site,s"formerly, ,People :,-ter Economic Develop -,1 Connors, .' With ' addi- Volunteer Road: -.be- ' ' 16. ;Property. Acqui Bid Set-2Year3; and IA public, :hearing' be set „Housing Trust; Fund Campaign. Mr. Dickin- Natural G"as.,Motion by :Ment •District •' Urban tional comments from " - i Y- 21.20 5.' ':Adviso `' Com'mittee: .soli';address"ed'' ues Connorsto.receive and -Renewal:; Redevel'o the entire' Council, tweena.Hawthorne and :'sirton,:Dubuque-Coin, 32 . Hike,6(ke Trail for,Septernbe,. , 1 ry.,.� ,�, q p_. i ... _ :tile"""Streets •`with a -muni .. School "D;istnct -'Phase 4 ,&`"5 Pro.-e"ct Upon<motion;the:tlocu- • -,::One ,.,.3- ear;^ .aerm , tions ..re ardln bus:- file.the:.do"currents and '"""Ment 'Pro ect '''S'ec- .reported on the peace rain.:'date,of-'duly 4; •`(AudubonSchool):City Portzen:_,Construction, meets .were :received hrough::,August ,17,; ; ness properties along 'adopt;Resolution• No. onded" by Connors. rally -`held on.Sep- 2016. Upon motion the Attorney. '`recommend Inc.;.. -for' `SRF, Green ' and filed and,,. Reso .;'2018 (Va' ant term of, Kerper Blvd::Motion by :315-1,5; :Ap'proving " an 'Motion carried 7-0.'"". tember -5 .at Jackson document: "was " re- ingYado tion of I a Alley Project;{Bid Set -3= lution:.i No.:• :30"615; `!'Holz)'4Applicant ''Jim Lynch to receive •and' Environmental•. Cove- 10- Code of Ordi- - Park 'in memory of, p ceived', filed; and a resolution" •accepting Year 3. Upon`. motion "Prelimin"aryapprovalof i., Holz, :3,010 Indiana file''' the ,:information. nant;''and;Termination nances Amendment -,-NancyKrapfl. approved.'- ;then deed;to" property the 'documents",were plans,; specifications;; 'Court.'Motion by1'Braig Seconded by Jones:` rand -Release of'Pro- :Title 2,.. Civil Service Mayor Buol reported 6- "Acce tance .of 1'owned ' b ,D'ubu ue received, :filed": and form .of contract and toappomtJim Hol .'too .Motion Carrie"tl7 0 ? perry, ",Restriction ,for 'Commiss.ion:.City; Man- on the; citizen petition r.. i Y q g 9 ., Storm'Sewer.:''Improve-' Community SchoohDis= " approved- • " . � estimated cost;'Setti`ng' r3 -year '-#elm- �'throGgh 3: •'Annexation 'and the old City :Gala e ager ". ":recommending he;;received requesting ments ,in Lot:i 1" of trict ""adjacent ;= to ' 30..'Alcohol' License date -of public hearing ;August 17, , ,:2018- Roadway,Improvement site, .forrnerly'`Peoples approval?. of an 'additional 'lighting in Westview Shopping-,Audubon'School-for'the Applications: City Man- on plans,with the • Natural Gas at,' 925 'ordinance amendment _ the •Jackson Park - pecifi- aSecontled. by Resnick. Agreement Center;Plate No.4: City " Bee' ;Branch = Creek", ager ' recorrimending cations, form of -con- Motion carried 7-0 City " of Asbury: City Kerper Boulevard, , which,,establishes the neighborhood. The City' - Manager 'recommend= • Restoration Project. "approval of ,`annual " tract, and 'estimated r Human' •.-Right Manager recommend- ,Dubuque Iowa. Sec- - Civil,m 5ervice Comis „Council concurred that i• 'acce tance: of the Upon motion ; the" , beer, liquors -and wine cost; and ordering the : Commission: -One, 3- ing' approval "of an onded,byBraig:;Motion 'ision and provides for ,staff,.should review,the • public " improvements "documents were . " licenses"asubmitted.. advertisement for bids, ''year ':term through Annexation :and• Road- carned'7 0 the powers operation 'issue "and reporf-with that ;the developer, receivedand filed;'and Upon .. '.motion the was adopted setting a _January ;"s 1, :'• °2016 way` Improvement 8. Mission of "Mercy ?;membership and meet- 'recommendations r at Molo`Oil Company,,has. Resolution No.;'297-15: ,documents ,'were„ re- :. public'; hearing' •for ,a .;:(Vacant• term of. Agreement : between Dental icity `'ings. ,Motion • by, Con- the October` 5, 2015 recently completed' in Accepting the.Deed to •-ceived and ;:"filed andmeeting to commence terihart). ',''Applicants; the City of 'Asbury and, Manager 'recommend -hors to receive -and file •.CityCouncil meeting. Lot •" 1' of .Westview'• certain "real :estate Resolution ,•No..,302-15 ingCty suppottf Or, .;. documents•. and.. , Council Member ShoppingCenter .PaceDubuque.Count ,;owa. Approving applications ,thecrequirement Sutton thanked . the NO.. ° '4 ('common from, the Dubuque for beer, liquor, and/or the Historic ' "Federal _ Jones;"2413' Pearl St.' -"owned °' by;°;' Stephen Dental Clinic -.event that a:'r" proposed parks ;and recreation address-; 1895 John'F. Community`, School wine, . „ ermits,' as .Buildip ,(Additional Applicant); -Kelley '.and.; Martin, sponsoretl by the Iowaordinance be; 'can- " staff for all• their help U n °`cDistrictwasado'ted. _'re uiretl' b r. Ci of 5. Sale;of:Pro a Adrienne :Seo 1365 - Lmtla and.;.Terrence ,Dental'Foundation and .Sidered and 'voted on with; the•'numerous. Kennedy Road) :Upon ,_ ... Y, ty,,.,. , ..-p rtY .; ,." �....,, " v"I 'S rvi D bu ue 'Code of"'"2525': Windsor'' Avenue: Solon St., Additional f Bahl "Motio.n b '"Bial' scheduled for- Se for:,• assn e a : "two .: recents ecial;events' Motion -the documents ' 17.^ Ci i Ser ce " ub q ,.., ,, ,_._ .-.. .. ,C .., , Y,.,...,9 .. v;.:�.• - p ..,,. ...p, ,.„.9 t,... p were received and filed ” Commission:' Civil'"Ser- Ordinances,',Title..°4 : City''Manager ,`recom- ;Applicant); and R.R.S. to receive°and file the tember 2016_' at Five ,,Council meetings prior CLOSED SESSION and Resolution.No. 292- - vice Commission sub- :Business ,and.-.. License . mending that a public Stewart; .460 ,Summit , ;documents-,, and,. adopt Fla s -Center (Dates to tto the "'meeting-' at Motion: by -;Jones at Acce tin public'clmittm the''Certified Re ulations:•Chaters2 hearingbe set St. Upon_ -call _vote `Resolution No:.`311-15' be.confirmed7;'Ivlotion 'which',it"isato be passed ; 8:241 -m-=to convene' in, improvements in "Lot 1• Lists; for the positions Liquor' Control, Article September 21, 2015, on ' (Fisher -. Braig, Sutton, ; Approving the Annex- by Jonesto receiveand „ be "'suspended. Sec 'closed session" to, of Westview Shopping '"``of Public Safety ''Dis- B` Liquor; `"Beer and " the disposal of 2525 ` Connors„ -Jones;, Buol,' ation and . Roadwayfile the aocuinen,"ts'and' ,, onded • . by -'•'Lyn'ch. discuss pending lingo-:^- ' Center Place No. 4 in. patchier and Sanitation Wine , Licenses and Windsor, Avenue "';Lynch), r; (Scott. '- - Improvement ' Agree- approve]"fthe "•.recom i. Motion carried 7 0.•,': ; " tion . and property • the City" Dubuque,;''Driver. Upon motion Permits was adopted:,,` StackisConstruction'in,;Resnick);=;:Sarah-Fisher "rentbetween'theCity mendation,', Seconded.V•i;'MotionbyConnorsfor Acquisition pursuant to Iowa was adopted.'' ' 'the documents' ;were ITEMSSET FOR ;; - accordance L with ' all was appointed te'''a ' of Asbury" a"nd the.City` by Connors Dr Heyo ;,final consideration.and.... ,Chapter 21.5(1)(c), -(j) 7. Semi ;Annual received,filed, •:and ' PUBLIC" HEARING; terms and conditions vacant :3 -year term of Dubuque," Iowa. 'Tjarks i DDS and Dr .:passage of Ordinance Code of � Iowa Sec • Consent Decree Re- ".made'; a. ' Matter: of Motion by L•'ynch to set; forth in the bid .':through- ?;:January r: 1, Seconded by Resnick..r Marty,°, Avenll DDS, ' No. "56-15 Amending.,,onded by Braig. Motion ,` . port: City ,Manager Record. .receive" an'd file'"•the L. documents and ,Con- :2016' Motion carried 7-0. :thanked . 'the Y City" City of Dubuque' Code carried 7-0. recommending;"'appro- 18- AlicejWolf vs. City "dbcuments ,adopt the tract, Agreement. Upon ` PUBLIC; HEARINGS - 4. Severance Request --Council ,and, .provided ,''of Ordinances 'Title2 Upon ,motion the City;. vol for' the City ""of Dubuque: City resolutions "set' the motion the. documents . ! Upon motion the rules Kelley Property:' City background ,inform. ---',;Boards =and Commis- Council reconvened in', Manager to certify the,.., ;Attorney, submitting public hearingsas - were received and filed were suSpended allow- Manager recommend -noon ;about the;%;clinic ;Bions. .by -Repealing open session! at 8:57, , September.' 30th •Semi"' 'the Release following ,.indicated' 'and- direct and Resolution,No.307 :;;ing anyone.pres"ent: to• ..ing;'•approval • of l; a- and showed:a video of ";'Chapter 2'Civil`Service p.m. 'stating' that staff'. Annual Consent,; Decree the settlement of Alice the City 'Clerk to 15 Resolution` of Intent address the City,Coun- Severance ,:•; Petition a recent clinic -,event , Commission and,Adopt- had been given proper • Report to be submitted Wolf vs.=;the City. of publish notice as -°to dispose .of an ,.cil on the following from Stephen Kelley, ioni Motcarried7-0,. ing'a New"Chapter"2 'direction." to,.the: U.S. Department Dubuque. Upon motion prescribed °,by `. law. ' interest in r City of items. 6900 Asbury:; Road, "to 9.`Code of Ordinances 'Civil Service Commis-- • There being no of Justice, U.S-EPA'and the `documents were Seconded -by%Connors. r. Dubuque,. real „ 1 Dubuque Industrial ''facilitate annexation ,Amendment -,-4 -InduS-+sign in 'Lieu Thereof - further business, upon the , Iowa Department received and filed.' Motion carried 7 0,. ';l' setting a time and Center Economic the property, to the City trial Center West Establishing:the Civil ,motion the City Council of .Natural:Resources:".!' 19. •'- uarterly Sus t'1 Lake`.•Eleanor Lift ="lace forhearin `,.and "Develo ment'District of; Asbury`": ;:Motion by Urban .'Renewal:. City,' "Service, ;;Commission ,adjourned at 8:58 p.m. Q., Y p ,,9 P. ,, .. ;adjourned Upon" •`motion'; "T :the' tamable Dubuque Station , antl .Water •», providing for:: the : Urban Renewal .Plan . Connors to receive and Manager recommend7,,,: 'and' Providing;for ;the /s/Kevin S. Firnstahl, • documents were re- Report: City Manager Main, Extension Pro- - hearing of ;.notice .Amendment: Proof`,of_ file; the, documents and ing approval` :of, ori ':"Powers r, `' Operation, . ; - CMC, City Clerk, ceived filedl'.:and: transmitting- the July 'jest City -' Manager thereof.was'1`adopted, _publication on - notice .. adopt. ,Resolution'"No;; .amendment to the tax Membership,ane-Meet „1t9/16' approved. ' 2015 Sustainable ,Dubu recommending` initia- .i setting„ a •:.public :'of public hearing:: to 312-15 Approving say-' increment ordinance ings. ''Seconded •, byJ"" ,Mi llerRiverview .:;que, : Report.. --,Upon." tion. of•,°the public `;hearing for°.'!'meeting " 'considerapproval°ofan ; `erance' , of•s'-°'certain for the"Dubuque Indus -=Lynch. Motioncarried7-,, Park -` Concrete Pads motion the documents L. bidding process for the to commence,•at; 6:30 amended: and,restated terr,itoryjrom the.„City;' -trial Center Economic ;, Project •Award: City lfwere �receved .^°':and:Lake •Eleanor L'i,ft p m on September21 ;;Urban Renewal' Plan= for • ': of. Dubuque ,Seconded, Development r: District 11 ,Code' of arta er recon mend- 'filed Station =P -o .. ”--and 2015:`in the Historic '"the Dubu'°ue Industrial b L nch `Morton car- that_ would. allnow EaonomicD;eve-, nces•2.;A:m'Sitter m enf City`' the..'Miller Riverview ?'Energy{ Regulatory' that a public hearing' 6=: Voluntary. Annex. 'opmentr-District "and '5' Water &''Resource, be used'in the' new • Relationships Advisory Park -: Concrete Pads Commission "Notice be 'Set ,for "September ation4- Bahl Property .the "City ;Manager Recovery,Center, Subarea G. -,.GT Motion -by Commission:°City`Man Project • to' Midwest-.frome"lU .thS .Federal21;-2015. Upon; motion ,City .Manager m- :'reco"!recommending appro- ; Nutrient' '-Reduction: Jones: to_ receive and, ager recommending Concrete, • Inc:• be • "'`Energy •' 'r, Regulatory the documents •were :mending that .;public vatMotion by Lynch to. ` , Plan , , City . Manager:" file the documents and approval , of . an • officially recorded .in ,:Commission of'';;' a received •arid'filed-and hearing 'be"'set for receive :and file`a'the 'recommending appro:: that;the;requirement- ordinance which adds _ •" p i,, a ; proposed; ordi-" =;a new'Title 2; Chapter 9 the minutes of the City :preliminary • permit • Resolution No. 303-15 Octoper5,,2015, on the ;,documents and adopt, vol, of the, draft. that a. Council.. Upon 'Motion.... application proposing Preliminary approval of voluntary annexation Resolution,; No. 309'15' Nutrient ..,,Reduction• nance,, be considered which" establishes • the i Water and, •„'voted ori for„ • S,ister"City Relationship. • the.' documents: were 'to.study;'fhe feasibility ;plans .,:specifications, request from Martin J: ,Approving"the, Amend- Strategy for the received, filed and .-of - a .,::hydroelectric form of contract,. and and Linda C.,,Bahl," and, , „ed and,Restated Urban .84, -Resource : .Recovery passage attwo Council Advisory ;. Commission made a Matter of project 'at Lock and estimated Terrance'"G. Bahl,;for ';Renewal' 'Plan for;''the Center •.prepared` -by meetings °pryor'tothe and. -provides for. the Record. Dam' " No'' 'll.--! Upon '.date of public hearing 1.3 ,,,,acres ., ofi thea ;Dubuque,•; industrial Strand , Engineers. and meeting at which it is ;;powers `'” 'operation 9. Renewal Rates for • motion the ..documentom' "plans, specifics- property' -from AsburyCenter,EconomicD,evel-, Associates:' ,and' .to to be: t passed " be 'memb'ership'andmeet-' Worker's Compensa- was received,' filed and^ "tions, form of -contract, Road north to -.Forest,-:opment,,District Sec= recommend, authori suspended..,'.Seconded angs. Motion "by -Lynch tion Claims Administra- . referred to;the . City .and estimated" cost; Hills •Subdivision,-• in the :onded'byJones Motion zaton for ..Strand •to by Connors. Motion car- -to receive,and file the tion: City Manager `Manager:" antl ordering,.; the. City zof Asbury; Upon .earned 7;0 h, submit the '^plans"to lied 7-0.,' documents and that recommending accept-, 21., Parking' System advertisement for bids. motion the documents , ;: 2 Upper, Bee Branch, Io •, p q" i, r , tion by Jones for fhe,re- uirementthat a; wa De artment ;of Mo, 'City .p g eceived,and filed :;Creek Mississippi„River, .Natural ,•`;Resources , final, consideration•and 'proposed,",`ordinance be once; of the renewal Technician:'Ci Man -- was ado tedcsettin a • were," s , ._ • rates` from._Alternativer:ager ,',:::recommending public.'hearing forea andResolurtonNo 308 ;Trail,Project Proof of (IDNR) Motion by passage of Ordinance a,; considered, and voted. Services Concepts for that the position` of meeting to commence15, ",Setting a -;?public ;,;publication ,on notice, Jones,\to-'r".eceive•;and , No."55-15 ,Amending on for'passageat.two "' services related to the` Laborer in'the Parking at.; 6:30' ";.rp.m. ,,, on -hearing - . on. an of public:: -hearing . to file the documents and .;:-.:Ordinance No. '39-15, . Council meetings prior administration of the .Division.be. ,replaced September: 21, 2015 in " application for volun- ,,:consider ;(;approv,al of adopt Resolution •No.: Preuiousiyk Amended i -^;to the ;,meeting < at city's-` 'Worker's Com:- "with a'Parking System the. Historic Federal' tary ;annexation of plans,pecifications 313,';15 Authorizing x.providing?that general ",which`•rtisto'be`passed; pensation ' `Program :Technician position 'Bu ,ding territory. to the City of'•;'form• of ;;contract' and', Strand Assoaates of, „property taxes " levied be suspended. Sec: i,, , "Upon motion' "the""IUpon =motion'•.�the =.:2 Federal Building Dubupue'. Iowa,,was- estimatedrr;cast for,the:'Madison Wisconsm,to:'':andeach �'¢olleeted onded ;by. Connors., documents were' re :;;documents `were .:re Lease Iowa' State adoptedp setting a .Upper- Bee Branch. • submit to the ' Iowa ceived; ffle'd`' and ceived, "filed and 'University.' "City `Man- publicx±:.hearing,•,:for.a",.':Gr,e'ekMississippr:Riven'•"Departmentofr;Natural approved. • approved. ager recommending meeting to commence Trail Project and„the e:W Resources thater, & 10' -'''Acceptance' of ” 22.. Restrictive that a public hearing at630„mpon:October ,City Manager `recom Resource ' ;Recovery Grant; ' of Sanitary Covenant for . .Res: be ~set- for September 5 2015 m the ,Historic 'mending approval4"•'Mo CenterrNutrient Reduc- Sewer: Utility Easement dential Real Estate 21, 2015 on the .Federal Building. . tion by,Braig to. receive tion•Plan. Seconded •by - 3045 Indiana•; Court:,' '1501-15031-Bluff'Street.; "proposal to lease ,r BOARDS/; and file the documents Connors W&RRC• Man- City- Manager ;recom City Manager recom ' space in the -Federal, COMMISSIONS m , „ and adopt_,Resolution ager Jonathan Brown ending acceptance of ,m `ending approval of a Building to Iowa State Applicants'” were' :No 310 15/ pproval of and:' Randy `Wirtz of a- permanent easement 'Resolution attaching a University. Upon rno- : invited to address the plans specifications •Strand Associates Inc., for' sanitary-, 'sewer • Restrictive Covenant to tion the ..'documents City Council regarding' form `of .contract, and provided a slide pre- .across part'of Lot _ 1501-1503' Bluff Street `were received and filed their,desire to: serve. on ;-estimated:', cost for: the septation on;; the his :Indiana Subdivision No- .ypriorto `City.'.disposal. and: Resolution No,.304- 'the following 'Boards/ ;Upper 'Bee Branch tory. of :the "W&RRC 2. from•;Eric:-Bakken.'" -Upon motion' '"the 15' Intent to'dispose of '-. Commissions. - ' Creek Mississippi River `renovation,project and .' Upon motion the documents were, re- an.interest: in, real , .. Historic Preservation ,.Trail (MRT) Iowa; DOT the background, and documents- were re- ceived and filed-'andproperty owned by the, Comission: Two, 3- Project ; No. , SB -1A regulations ;,related to ceived and filed and Resolution No. 298-15 " City of Dubuque, Iowa yean_mt:,terms through '2100(675)-7T-31. Sec the; Nutrient'Reduction Resolution No. 293 -15, -.Attaching 2.. "?'DUPlex- by, lease between the July -1;''2018 (Vacant•At- ended' ;'by Resnick. Plan. Motion carried 7-0. .Accepting a Grant of Owner Occupied Resi City and Iowa • State Large, term of Krueger '• Motion carried 7-0. 6='.Roadway Easement for for 'sanitary `dence Restrictive Cove- University , of Science and. Old Main District Upon motion the rules rent Project at John'F. sewer` through, over "nant to 1501=1503"Bluff and Technology •„was ' Interim term of'Rapp) were reinstated limit Kewnnedy•Road' and and across par of Lot 1 Street, Dubuque, Iowa adopted setting a " Applicants i' :'Susan ting discussionto the Westk32nd Streeticty, of Indiana SubdivisionWas adopted. '•\. public hearing' for::: a Price;'653;2/zW:St, hite'CityCouncil Manager recommend- No-, '2 in the City of '. 23` Restrictive - meeting to commence ' (Qualifies for' At- ACTION ITEMS''' } mg,^ approval ` of J'an Dubuque was adopted Covenant;; -'for Resi " at 6.30. 'p m on Large); and 0 Joseph. 1 Appeal of Histgric Agreement with devel 11. Acceptance `of "dential Real Estate September 21 2015. in 'Rapp; 27 Locust St.'' Preservation "•Commis oper Kivlahan, Farms Grant of Easement for 2525 Windsor, Avenue: the Historic, Federal (Old -Main • District,. - Bion Action, -'100 Main L C.jfor construction';of, Intersection Improve- :City Manager recom Buiftlmg Interim) Ms Price Street JoeZwackfiling public roadway im rents; at Lords'Blvd, "mending ,approval of a ;3 Fiscal :Year 201;6 spoke in support of her an appeal of a Historic provements ": at the Grandview Ave and resolution; attaching; a First Budget Amend appointment Preservation Cornrnis interse'ction3� "of 'JFK University Ave.:: City ,Restrictive Covenant to ment: City" Manager rw f Environmental cion action denying the Road and•West 32nd 'Manager recommend- 2525 Windsor, Avenue recommending the first Stewardship -Advisory '.addition of balconies at • Street Motion, by ing acceptance' of a prior to City disposal. Fiscal Year 2016 Commission: One, 3- his business, Lot 1;.100 Lynch to receive and:. • Grant•of Easement for Upon motion, the - underground electric, , documents were re- • fiber optic cable, traffic • -ceived :and filed 'and signals & other Resolution No.' 299-15 Appurtenances and 'Attaching' Single Fam- sidewalk acrosspart of ily Residence Restric- Tschirgi. and'Sehwind's tive Covenant" to °:2525; Subdivision owned by Windsor Avenue, William and �� Kathleen Dubuque;. Iowa` .c was Jester.. Upon' motion adopted_' the ,documentswere . 24- City . Street received andtfiletl "and :Financing.'. "Report'' for Resolution . N,o ';29415., _Fiscal Year 2015: ;City:: Accepting a Grant -of 'Manager:`' recommend Easement :for under- :ing approval the' -City, ground electric, fiber 'of Dubuque's :Fiscal optic cable, -,'traffic : Year: 2015'City Street signals & other Financing:' Reportand appurtenances" and :authorize filing 'with sidewalk through, over the Iowa Department and -across part: of Lot of Transportation. 61, and Lot 1: of ,the Upon . motion the. East Y2- of ,Lot., 59, in documents:,, were re- Tschirgi and 'Schwind's ceived Mand "'filed and Subdivision, "City: •of Resolution .No: 300-15. Dubuque; Iowa was Approving the 'City; of adopted. Dubuque Fiscal'' Year 12.` Acceptance: of 2015 City Street Grant of; -Warranty .Financing' Report'was Deed - 1610 LorasBlud: adopted.:' - City ;Manager recom- 25- Request ;for Appurtenances and sidewalk across part of Tschirgi:and Schwind's Subdivision. owned by William and Kathleen Jester. -,Uponmotion the documents,' were received and filed and Resolution No. 294-15, Accepting a Grant of Easement for under- ground ° electric, fiber optic cable, traffic signals' &other appurtenances and sidewalk through, over and: across part of Lot 61, and Lot -1 of ,the East 'Y2 of Lot. 59, in Tschirgi and Schwind•s Subdivision, •,City of Dubuque, Iowa was adopted. 12. Acceptance of Grant ''of' Warranty Deed - 1610 Loras.Blvd: City Manager recom- mending acceptance of a Warranty Deed ,for Access Rights 'across part of Lots 59 and 61 in . Discharge "' and Schwind's Subdivision, owned by William and Kathleen Jester: Upon motion -the documents were received' and filed and Resolution No. 295- 15 , Approving "' the acquisition of 'real estate owned s by William;' and Kathleen' Jester in the -City of Dubuque, • Iowa:. "was adopted. 13. ..State • Flood Mitigation . Board Amendment to Agreement: City Man- ager recommending approval ,to. seek an amendment . to the State Flood Mitigation Board.: Funding Agree_ ment for the Bee Branch Watershed Flood Mitigation Pro- ject :Upon motion the documents were re- ceived and filed and Resolution No. 295-15B , Authorizing an amend- ment to the Agreement with the State of Iowa Flood. Mitigation Board which authorizes the City's use of Sales Tax Increment, funding for the. Bee Branch Water- shed•°Flood Mitigation Project was adopted. 14. Collective Bar- gaining Agreement Amendment - . Team- sters Local #,120'(Bus . Attaching Single Fam- ily Residence Restric- tive Covenant to 2525 Windsor . Avenue,;. Dubuque„ ;Iowa was adopted. 24. `> City : Street Financing Report for Fiscal Year 2015: City Manager recommend- ing approval of the City. of Dubuque's Fiscal Year 2015 City ' Street Financing Report, and authorize -filing with the Iowa Department of •' Transportation. Upon motion the documents t' were re- ceived' and filed, and Resdlution- No: •-300-15 Approving the : City of Dubuque FiscalYear. 2015 • -'City Street Financing Report • vas adopted. `s r 25. Request ' for Qualifications - Transit Bus Storage .• Facility: City,, Manager Jrecom- • mending approval ' to release, a' Request for Qualifications•to solicit consultant>+' interest:? in Design Develdpment Construction ,,,,Docu— ments, and Constr'uc- tion . :Administration, Services for the Transit Bus Storage" ,Facility. Upon ' motion ="•the documents. were .• re— ceived,' filed . and approved. 26: Request 'for Proposals °•::;Southwest Arterial : Project .: Con- struction: -:Engineering Services: City Manager recommending author- ization to proceed with initiating the. Request for Proposals process for soliciting proposals from qualified 'con- sulting firms to provide all phases • of •'•'Con- struction Engineering Services for. both the English Mill :-Road Reconstruction Project and' the Military Road Reconstruction Project. Upon emotion' the documents were re- ceived, filed and approved.`_ 27. `J: Authorized Depository Institutions: City ;:Manager -^.recom- mending approval'.' to add Hometown Bank as , an' 'a' authorized depository for ` City ambulance funds. Upon STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 16, 2015, and for which the charge is $423.90. J;„%,,,,, ph, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this / 1 day of , 20 /.5 . tary Public in and for Dubuque County, Iowa. owe JANET K. PAPE Commission Number 199659 My Comm. Exp. 12/11/2016 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on September 8, 2015 at the Dubuque Inter - modal Transportation Center, 950 Elm Street. Present: Mayor Buol; Council Members, Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Also present: Jill Connors, Kelley Deut- meyer, Candace Eu- daley, Teri Goodmann, Tim Horsfield, Maurice Jones, Tim McNamara, Chandra Ravada, Gus Psihoyos, Cindy Stein- hauser. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of con- ducting a walking tour of the Dubuque Intermodal Transporta- tion Center. WORK SESSION Walking Tour of the Dubuque Intermodal Transportation Center The City Council took a guided tour of the offices, amenities and surrounds of the new Jule Transportation Center and parking facility located at 950 Elm Street. • There being no further business, upon motion the City Council adjourned at 5:55 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 1t 9/16 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on September 8, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl. Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of con- ducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) American Public Works Association Pro- ject of the Year Award: Civil Engineer II Jon Dienst presented the Project of the Year award from the American Public Works Association for the SRF Green Alley Project Bid Set 3-Year 1 (Environ- mental Less Than $5 Million) PROCLAMATION(S) Hunger Action Awareness Day (Sep- tember 19, 2015) was accepted by. Kathy Hutton, Executive Director of St. Ste- phen's Food Bank, 3145 Cedar Crest Ridge. Days of Peace and Ceasefire (September 11-29, 2015) was accepted by Art Roche of the Days of Peace Committee, 5451 Mea- dow Ct. 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: Art and Cultural Affairs Advisory Commission of 7/28; City Council Proceedings of 8/3, 8/10, 8/17; Civil Service Commission of 8/19; Historic Preservation Commission of 8/20; Human Rights Commis- sion of 7/13; Long Range Planning Advi- sory Commission of 8/19; Sister City Relationships Advisory Commission Goal Set- ting of 8/24; Proof of Publication of City Council Proceedings of 7/28, 7/29, 8/3, 8/10, 8/17; Proof of pub- lication for Notice of Claims and Summary of Receipts for Month Ending 7/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: - Paul Avenarius for vehicle damage, Penni Schmitt 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: Paul Avenarius for vehicle damage, Penni Schmitt for vehicle damage, Sisters of the Visitation for vehicle damage. Upon motion the documents were re- ceived, filed and concurred. Legal Notices 4. Dubuque Water & Resource Recovery Center Showing Return on Investment: City Manager transmitting the City's informational brochure about the return on investment at the Water & Resource Recovery Center. Upon motion the document was received and filed. 5. Dubuque Jaycees 2016 Fireworks Re- quest: Correspondence from Thomas Parsley, General Manager for Radio Dubuque, in partnership with the Dubuque Jaycees re- questing approval to conduct a fireworks display on Sunday, July 3, 2016 from 9:00 p.m. to 10:30 p.m. on Volunteer Road be- tween Hawthorne and Lime Streets with a rain date of July 4, 2016. Upon motion the document was re- ceived, filed and approved. 6. Acceptance of Storm Sewer Improve- ments in Lot 1 of Westview Shopping Center Place No. 4: City Manager recommend- ing acceptance of the public improvements that the developer, Molo Oil Company, has recently completed in Lot 1 of Westview Shopping Center Place No. 4 (common address 1895 John F. Kennedy Road). Upon motion the documents were received and filed and Resolution No. 292- 15 Accepting public improvements in Lot 1 of Westview Shopping Center Place No. 4 in the City of Dubuque, Iowa was adopted. 7. Semi Annual Consent Decree Re- port: City Manager recommending appro- val for the City Manager to certify the September 30th Semi Annual Consent Decree Report to be submitted to the U.S. Department of Justice, U.S. EPA and the Iowa Department of Natural Resources. Upon motion the documents were re- ceived, filed and approved. 8. Miller -Riverview Park - Concrete Pads Project Award: City Manager recommend- ing that the award for the Miller Riverview Park - Concrete Pads Project to Midwest Concrete, Inc. be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 9. Renewal Rates for Worker's Compensa- tion Claims Administra- tion: City Manager recommending accept- ance of the renewal rates from Alternative Services Concepts for services related to the administration of the City's Worker's Com- pensation Program. Upon motion the documents were re- ceived, filed and approved. 10. Acceptance of Grant of Sanitary Sewer Utility Easement - 3045 Indiana Court: City Manager recom- mending acceptance of a permanent easement for sanitary sewer across part of Lot 1 of Indiana Subdivision No. 2 from Eric Bakken. Upon motion the documents were re- ceived and filed and Resolution No. 293-15 Accepting a Grant of Easement for sanitary sewer through, over and across par of Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque was adopted. 11. Acceptance of Grant of Easement for Intersection Improve- ments at Loras Blvd, Grandview Ave. and University Ave.: City Manager recommend- ing acceptance of a Grant of Easement for underground electric, fiber optic cable, traffic signals & other Appurtenances and sidewalk across part of Tschirgi and Schwind's Subdivision owned by William and Kathleen Jester. Upon motion the documents were received and filed and Resolution No. 294-15 Accepting a Grant of Easement for under- ground electric, fiber optic cable, traffic signals & other appurtenances and sidewalk through, over and across part of Lot 61, and Lot 1 of the East Vz of Lot 59, in Tschirgi and Schwind's Subdivision, City of Dubuque, Iowa was adopted. 12. Acceptance of Grant of Warranty Deed - 1610 Loras Blvd: City Manager recom- Operators): City Man- ager recommending approval of an amendment to the Collective Bargaining Agreement with Team- sters Local Union No. 120 (Bus Operators). Upon motion the documents were re- ceived, filed and approved. 15. German Bank Building: City Manager recommending appro- val of 'the Release of the City's mortgage on the German Bank Building at 342 Main Street. Upon motion the documents were received and filed and Resolution No. 296-15 Approving the Release of a Mortgage by the City of Dubuque, Iowa on the German Bank Building at 342 Main Street was adopted. 16. Property Acqui- sition - Dubuque Com- munity School District (Audubon School): City Attorney recommend- ing adoption of a resolution accepting the deed to property owned by Dubuque Community School Dis- trict adjacent to Audubon School for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 297-15 Accepting the Deed to certain real estate in Dubuque County, Iowa from the Dubuque Community School District was adopted. 17. Civil Service Commission: Civil Ser- vice Commission sub- mitting the Certified Lists for the positions of Public Safety Dis- patcher and Sanitation Driver. Upon motion the documents were received, filed and made a Matter of Record. 18. Alice Wolf vs. City of Dubuque: City Attorney submitting the Release following the settlement of Alice Wolf vs. the City of Dubuque. Upon motion the documents were received and filed. 19. Quarterly Sus- tainable Dubuque Report: City Manager transmitting the July 2015 Sustainable Dubu- que Report. Upon motion the documents were ,received and filed. 20. U.S. Federal Energy Regulatory Commission: Notice from the U.S. Federal Energy Regulatory Commission of a preliminary permit application proposing to study the feasibility of a hydroelectric project at Lock and Dam No. 11. Upon motion the document was received, filed and referred to the City Manager. 21. Parking System Technician: City Man- ager recommending that the position of Laborer in the Parking Division be replaced with a Parking System Technician position. Upon motion the documents were re- ceived, filed and approved. 22. Restrictive Covenant for Resi- dential Real Estate - 1501-1503 Bluff Street: City Manager recom- mending approval of a Resolution attaching a Restrictive Covenant to 1501-1503 Bluff Street prior to City disposal. Upon motion the documents were re- ceived and filed and Resolution No. 298-15 Attaching Duplex - Owner Occupied Resi- dence Restrictive Cove- nant to 1501-1503 Bluff Street, Dubuque, Iowa was adopted. 23. Restrictive Covenant 'for Resi- dential Real Estate - - 2525 Windsor Avenue: City Manager recom- mending approval of a resolution attaching a Restrictive Covenant to 2525 Windsor Avenue prior to City disposal. Upon motion the documents were re- ceived and filed and Resolution No. 299-15 Attaching Single Fam- ily Residence Restric- tive Covenant to 2525 Windsor Avenue, Dubuque, Iowa was adopted. 24. City Street Financing Report for Fiscal Year 2015: City Manager recommend- ing approval of the City. of Dubuque's Fiscal Year 2015 City Street Financing Report and authorize filing with the Iowa Department of Transportation. Upon motion the documents were re- ceived and filed and Resolution No. 300-15 Approving the City of Dubuque Fiscal Year 2015 City Street Financing Report was adopted. 25. Request for motion the documents were received and filed and Resolution No. 301- 15 Naming Deposi- tories was adopted. 28. AmetiCorps Partners in Learning Grant Agreement for 2015-2016: City Man- ager recommending approval of the City Manager's execution of the grant agreement for the period Sep- tember 1, 2015, to August 31, 2016 with the Iowa Commission on Volunteer Service. Upon motion the documents were re- ceived, filed and approved. 29. Improvement Contracts / Perfor- mance, Payment and Maintenance Bonds: Drew Cook & Sons Excavating, Inc., for SRF Green Alley Project Bid Set 2-Year 3; and IA 32 Hike -Bike Trail Phase 4 & 5 Project; Portzen Construction, Inc., for SRF Green Alley Project Bid Set 3- Year 3. Upon motion the documents were received, filed and approved. 30. Alcohol License Applications: 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. 302-15 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 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. Lake Eleanor Lift Station and Water Main Extension Pro- ject: City Manager recommending initia- tion of the public bidding process for the Lake Eleanor Lift Station Project, and further recommends that a public hearing be set for September 21, 2015. Upon motion the documents were received and filed and Resolution No. 303-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2015 in the Historic Federal Building. 2. Federal Building Lease - Iowa State University: City Man- ager recommending that a public hearing be set for September 21, 2015 on the proposal to lease space in the Federal Building to Iowa State University. Upon mo- tion the documents were received and filed and Resolution No. 304- 15 Intent to dispose of an interest in real property owned by the City of Dubuque, Iowa by lease between the City and Iowa State University of Science and Technology was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2015 in the Historic Federal Building. 3. Fiscal Year 2016 First Budget Amend- ment: City Manager recommending the first Fiscal Year 2016 Budget Amendment be set for public hearing on September 21, 2015. Upon motion the documents were re- ceived and filed and Resolution No. 305-15 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2016 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2015 in the Historic Federal Building. 4. Bunker Hill Golf Course Irrigation Phase 2 Project: City Manager recommending initia- tion of the public bidding process for the Bunker Hill Irrigation Replacement Phase 2 Project, and further recommends that a public hearing be set for September 21, 2015. Upon motion the docu- ments were received and filed and Reso- lution No. 306-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, 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 September 21, 2015 in the Historic Federal Building. 5. Sale of Property - 2525 Windsor Avenue: City Manager recom- mending that a public hearing be set September 21, 2015, on the disposal of 2525 Windsor Avenue to Ted Stackis Construction in accordance with all terms and conditions set forth in the bid documents and Con- tract Agreement. Upon motion the documents were received and filed and Resolution No. 307- 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 hearing of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2015 in the Historic Federal Building. 6. Voluntary Annex- ation - Bahl Property: City Manager recom- mending that a public hearing be set for October 5, 2015, on the voluntary annexation request from Martin J. and Linda C. Bahl, and Terrance G. Bahl, for 1.3 acres of their property from Asbury Road north to Forest Hills Subdivision in the City of Asbury. Upon motion the documents were received and filed and Resolution No. 308- 15 Setting a public hearing on an application for volun- tary annexation of territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 2015 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions. Historic Preservation Commission: Two, 3- year terms through July 1, 2018 (Vacant At - Large term of Krueger and Old Main District - Interim term of Rapp). Applicants: Susan Price, 653 '/z White St. (Qualifies for At - Large); and D. Joseph Rapp, 27 Locust St. (Old Main District - Interim). Ms. Price spoke in support of her appointment. Environmental Stewardship Advisory Commission: One, 3- year term through October 1, 2018 (Expired term of Koch). Applicant: David Koch, 1950 Admiral St. Appointments were made to the following Boards/Commissions. Arts and Cultural Affairs Advisory Com- mission: One, 3-year term through June 30, 2018 (Vacant term of Henkels - Business Professional in the cultural and entertain- ment district). Appli- cant: Matthew Gre- gory, 1560 Iowa St. Unit 3 (Qualifies for Business Professional in the cultural and entertainment district). Motion by Connors to appoint Matthew Gre- gory to a 3-year term through June 30, 2018. Seconded by Resnick. Motion carried 7-0. Housing Trust Fund Advisory Committee: One, 3-year term through August 17, 2018 (Vacant term of Holz). Applicant: Jim Holz, 3010 Indiana Court. Motion by Braig to appoint Jim Holz to a 3-year term through August 17, 2018. Seconded by Resnick. Motion carried 7-0. Human Right Commission: One, 3- year term through January 1, 2016 (Vacant term of Len hart). Applicants: Sarah Fisher, 3045 Kaufmann; Angela Jones, 2413 Pearl St. (Additional Applicant); Adrienne Scott, 1365 Solon St. (Additional Applicant); and R.R.S. Stewart, 460 Summit St. Upon roll -call vote (Fisher - Braig, Sutton, Connors, Jones, Buol, Lynch), (Scott - Resnick), Sarah Fisher was appointed to a vacant 3-year term through January 1, 2016 PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil on the following items. 1. Dubuque Industrial Center Economic Development District - Urban Renewal Plan Amendment: Proof of publication on notice of public hearing to consider approval of an amended and restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel- opment District and the City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 309-15 Approving the Amend- ed and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel- opment District. Sec- onded by Jones. Motion carried 7-0. 2. Upper Bee Branch Creek Mississippi River Trail Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the Upper Bee Branch Creek Mississippi River Trail Project and the City Manager recom- mending approval. Mo- tion by Braig to receive and file the documents and adopt Resolution No. 310-15 Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch Creek Mississippi River Trail (MRT) Iowa DOT Project No. SB-IA- 2100(675)-7T-31. Sec- onded by Resnick. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 1. Appeal of Historic Preservation Commis- sion Action - 100 Main Street: Joe Zwack filing an appeal of a Historic Preservation Commis- sion action denying the addition of balconies at his business, Lot 1, 100 Main Street. Restated motion by Connors to receive and file the documents and concur with the denial as decided by the Historic Preservation Commis- sion. Seconded by Resnick. Motion car- ried 7-0. 2. Greater Dubuque Development Corpora- tion - Quarterly Up- date: President and CEO Rick Dickinson provided a verbal report on the activities of the Greater Dubuque Development Corpor- ation. Mr. Dickinson highlighted business retention and expan- sion, human capital/ workforce solutions, recruitment/jobs, sus- tainable innovations, new job creation through Start -Up Dubu- que, and the NEXT Campaign. Mr. Dickin- son addressed ques- tions regarding busi- ness properties along Kerper Blvd. Motion by Lynch to receive and file the information. Seconded by Jones. Motion carried 7-0. 3. Annexation and Roadway Improvement Agreement with the City of Asbury: City Manager recommend- ing approval of an Annexation and Road- way Improvement Agreement between the City of Asbury and the City of Dubuque related to properties owned by Stephen Kelley and Martin, Linda and Terrence Bahl. Motion by Braig to receive and file the documents and adopt Resolution No. 311-15 Approving the Annex- ation and Roadway Improvement Agree- ment between the City of Asbury and the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0. 4. Severance Request - Kelley Property: City Manager recommend- ing approval of a Severance Petition from Stephen Kelley, 6900 Asbury Road, to facilitate annexation of the property to the City of Asbury. Motion by Connors to receive and file the documents and adopt Resolution No. 312-15 Approving sev- erance of certain territory from the City of Dubuque. Seconded by Lynch. Motion car- ried 7-0. 5. Water & Resource Recovery Center - Nutrient Reduction Plan: City Manager recommending appro- val of the draft Nutrient Reduction • Strategy for the Water & Resource Recovery Center prepared by Strand Engineers and Associates and to recommend authori- zation for Strand to submit the plan to Iowa Department of Natural Resources (IDNR). Motion by Jones to receive and file the documents and adopt Resolution No. 313-15 Authorizing Strand Associates of Madison, Wisconsin, to submit to the Iowa Department of Natural Resources the Water & Resource Recovery Center Nutrient Reduc- tion Plan. Seconded by Connors. W&RRC Man- ager Jonathan Brown and Randy Wirtz of Strand Associates, Inc., provided a slide pre- sentation on the his- tory of the W&RRC renovation project and the background and regulations related to the Nutrient Reduction Plan. Motion carried 7-0. 6. Roadway Improve- ment Project at John F. Kennedy Road and West 32nd Street: City Manager recommend- ing approval of an Agreement with devel- oper Kivlahan Farms L.C. for construction of public roadway im- provements at the intersection of JFK Road and West 32nd Street. Motion by Lynch to receive and file the documents and adopt Resolution No. 314-15 Approving an Agreement for Con- struction of Roadway Improvements at JFK Road and West 32nd Street between the City of Dubuque, Iowa and Kivlahan Farms, L.C. Seconded by Con- nors. Connors suggest- ed that staff review the traffic congestion at the intersection during the construction per- iod. Motion carried 7-0. 7. Environmental Covenant - Old City Garage (PNG) Site: City Manager recommend- ing approval of a resolution approving an Environmental Cove- nant and Termination and Release of Property Restriction for the old City Garage site, formerly People Natural Gas. Motion by Connors to receive and file the documents and adopt Resolution No. 315-15 Approving an Environmental Cove- nant and Termination and Release of Pro- perty Restriction for the old City Garage site, formerly Peoples Natural Gas at 925 Kerper Boulevard, Dubuque, Iowa. Sec- onded by Braig. Motion carried 7-0. 8. Mission of Mercy Dental Clinic: City Manager recommend- ing City support for the Iowa Mission of Mercy Dental Clinic event sponsored by the Iowa Dental Foundation and scheduled for Sep- tember 2016 at Five Flags Center (Dates to be confirmed). Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Connors. Dr. Heyo Tjarks, DDS; and Dr. Marty Averill, DDS, thanked the City Council and provided background informa- tion about the clinic and showed a video of a recent clinic event. Motion carried 7-0. 9. Code of Ordinances Amendment - Indus- trial Center West Urban Renewal: City Manager recommend- ing approval of an amendment to the tax increment ordinance for the Dubuque Indus- trial Center Economic Development District that would allow tax increment financing to be used in the new Subarea G. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion car- ried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 55-15 Amending Ordinance No. 39-15, Previously Amended, providing that general property taxes levied and collected each year on all property located within the Amended And Restated Du buq ue l nd ustri al Cen- ter Economic Devel- opment District Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School Dis- trict, and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, in- cluding bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Du buque l ndustrial Cen- ter Economic Develop- ment District Urban Renewal Redevelop- ment Project. Sec- onded by Connors. Motion carried 7-0. 10. Code of Ordi- nances Amendment - Title 2 Civil Service Commission: City Man- ager recommending approval of an ordinance amendment which establishes the Civil Service Commis- sion and provides for the powers, operation, membership and meet- ings. Motion by Con- nors to receive and file the documents and that the requirement that a proposed ordinance be con- 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 Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 56-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commis- sions by Repealing Chapter 2 Civil Service Commission and Adopt- ing a New Chapter 2 Civil Service Commis- sion in Lieu Thereof Establishing the Civil Service Commission and Providing for the Powers, Operation, Membership, and Meet- ings. Seconded by Lynch. Motion carried 7- 0. 11. Code of Ordi- nances Amendment - Title 2 Sister City Relationships Advisory Commission: City Man- ager recommending approval of an ordinance which adds a new Title 2, Chapter 9 which establishes the Sister City Relationship Advisory Commission and provides for the powers, operation, membership and meet- ings. 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. 57-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commis- sions by Repealing Chapter 9 Sister City Relationships Advisory Commission and Adopt- ing a New Chapter 9 Sister City Relation- ships Advisory Com- mission in Lieu Thereof Establishing the Sister City Relationships Advi- sory Commission and Providing for the Powers, Operation, Membership, and Meet- ings. Seconded by Connors. Motion car- ried 7-0. COUNCIL MEMBER REPORTS Council Member Connors, with addi- tional comments from the entire Council, reported on the peace rally held on Sep- tember 5 at Jackson Park in memory of Nancy Krapfl. Mayor Buol reported on the citizen petition he received requesting additional lighting in the Jackson Park neighborhood. The City Council concurred that staff should review the issue and report with recommendations at the October 5, 2015 City Council meeting. Council Member Sutton thanked the parks and recreation staff for all their help with the numerous recent special events. CLOSED SESSION Motion by Jones at 8:24 p.m. to convene in closed session to discuss pending litiga- tion and property Acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Sec- onded by Braig. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:57 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:58 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 1t 9/16 Iowa wasaoapre 7. Semi Annual Consent Decree Re- port: City Manager recommending appro- val for the City Manager to certify the September 30th Semi Annual Consent Decree Report to be submitted to the U.S. Department of Justice, U.S. EPA and the Iowa Department of Natural Resources. Upon motion the documents were re- ceived, filed and approved. 8. Miller -Riverview Park - Concrete Pads Project Award: City Manager recommend- ing that the award for the Miller Riverview Park - Concrete Pads Project to Midwest Concrete, Inc. be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 9. Renewal Rates for Worker's Compensa- tion Claims Administra- tion: City Manager recommending accept- ance of the renewal rates from Alternative Services Concepts for services related to the administration of the City's Worker's Com- pensation Program. Upon motion the documents were re- ceived, filed and approved. 10. Acceptance of Grant of Sanitary Sewer Utility Easement - 3045 Indiana Court: City Manager recom- mending acceptance of a permanent easement for sanitary sewer across part of Lot 1 of Indiana Subdivision No. 2 from Eric Bakken. Upon motion the documents were re- ceived and filed and Re Resolution No. 293-15 A Accepting a Grant of 0 Easement for sanitary de sewer through, over na and across par of Lot 1 St of Indiana Subdivision w No. 2 in the City of Dubuque was adopted. Co 11. Acceptance of de Grant of Easement for 25 Intersection Improve- Cit ments at Loras Blvd, me Grandview Ave. and re University Ave.: City Re Manager recommend- 25 ing acceptance of a pri Grant of Easement for Up underground electric, do fiber optic cable, traffic cei signals & other Re Appurtenances and Att sidewalk across part of ily Tschirgi and Schwind's tiv Subdivision owned by Wi William and Kathleen Du Jester. Upon motion ad the documents were received and filed and Fin Resolution No. 294-15 Fis Accepting a Grant of Ma Easement for under- ing ground electric, fiber of optic cable, traffic Yea signals & other Fin appurtenances and aut sidewalk through, over the and across part of Lot of 61, and Lot 1 of the Upo East Yz of Lot 59, in doc Tschirgi and Schwind's ceiv Subdivision, City of Res Dubuque, Iowa was App adopted. Dub 12. Acceptance of 201 Grant of Warranty Fina Deed - 1610 Loras Blvd: ado City Manager recom- mending acceptance of Qua a Warranty Deed for Bus Access Rights across City men rele Qua cons Desi Con men tion Sery Bus Upon docu ceive appr of Lots 59 and 61 in Discharge and Schwind's Subdivision, owned by William and Kathleen Jester. Upon motion the documents were received and filed and Resolution No. 295- 15 Approving the acquisition of real estate owned by William and Kathleen Jester in the City of Dubuque, Iowa was adopted. 13. State Flood Mitigation Board - Amendment to Agreement: City Man- ager recommending approval to. seek an amendment to the State Flood Mitigation Board Funding Agree- ment for the Bee Branch Watershed Flood Mitigations Pro- ject. Upon motion the documents were re- ceived and filed and Resolution No. 295-15B Authorizing an amend- ment to the Agreement with the State of Iowa Flood Mitigation Board which authorizes the City's use of Sales Tax Increment funding for the Bee Branch Water- Depos shed Flood Mitigation City Project was adopted. mendi 14. Collective Bar- add gaining Agreement as Amendment - Team- depos sters Local #120 (Bus ambul the documents received, filed made a Matte Record. 18. Alice Wolf vs of Dubuque: Attorney subm the Release folio the settlement of Wolf vs. the Ci Dubuque. Upon m the documents received and filed. 19. Quarterly tainable Dub Report: City Man transmitting the 2015 Sustainable D que Report. motion the docum were ,received filed. 20. U.S. Fe Energy Regul Commission: N from the U.S. Fe Energy Regul Commission of preliminary pe application propo to study the feasi of a hydroele project at Lock Dam No. 11. motion the docu was received, filed referred to the Manager. 21. Parking Sys Technician: City ager recommen that the position Laborer in the Par Division be repla with a Parking Sys Technician posi Upon motion documents were ceived, filed approved. 22. Restri Covenant for R dential Real Estat 1501-1503 Bluff Str City Manager rec mending approval Resolution attachin Restrictive Covenan 1501-1503 Bluff St prior to City dispo Upon motion documents were ceived and filed solution No. 298 ttaching Dupl wner Occupied R nce Restrictive Co nt to 1501-1503 B reet, Dubuque, to as adopted. 23. Restrict venant 'for R ntial Real Estate were ITEMS SET FOR and PUBLIC HEARING r of Motion by Lynch to receive and file the . City documents, adopt the City resolutions, set the itting public hearings as wing indicated, and direct Alice the City Clerk to ty of publish notice as otion prescribed by law. were Seconded by Connors. Motion carried 7-0. Sus- 1. Lake Eleanor Lift uque Station and Water ager Main Extension Pro - July ject: City Manager ubu- recommending initia- Upon tion of the public ents bidding process for the and Lake Eleanor Lift Station Project, and deral further recommends atory that a public hearing otice be set for September deral 21, 2015. Upon motion atory the documents were a received and filed and rmit Resolution No. 303-15 sing Preliminary approval of bility plans, specifications, ctric form of contract, and and estimated cost; setting Upon date of public hearing ment on plans, specifica- and tions, form of contract, City and estimated cost; and ordering the tem advertisement for bids Man- was adopted setting a ding public hearing for a of meeting to commence king at 6:30 p.m. on ced September 21, 2015 in tem the Historic Federal tion. Building. the 2. Federal Building re- Lease - Iowa State and University: City Man- ager recommending ctive that a public hearing esi- be set for September e - 21, 2015 on the eet: proposal to lease om- space in the Federal of a Building to Iowa State g a University. Upon mo- t to tion the documents reet were received and filed sal. and Resolution No. 304- the 15 Intent to dispose of re- an interest in real and property owned by the -15 City of Dubuque, Iowa ex- by lease between the esi- City and Iowa State ve- University of Science tuff and Technology was wa adopted setting a public hearing for a ive meeting to commence esi- at 6:30 p.m. on " September 21 2015 in 25 Windsor Avenue: y Manager recom- nding approval of a solution attaching a strictive Covenant to 25 Windsor, Avenue or to City disposal. on motion the cuments were re- ved and filed and solution No. 299-15 aching Single Fam- Residence Restric- e Covenant to 2525 ndsor Avenue, buque, Iowa was opted. 24. City Street ancing Report for cal Year 2015: City nager recommend - approval of the City Dubuque's Fiscal r 2015 City Street ancing Report and horize filing with Iowa Department Transportation. n motion the uments were re- ed and filed and olution No. 300-15 roving the City of uque Fiscal Year 5 City Street ncing Report was pted. 25. Request for lifications - Transit - Storage Facility: Manager recom- ding approval to ase a Request for lifications to solicit ultant interest in gn Development struction Docu- ts, and Construc- Administration ices for the Transit Storage Facility. motion the ments were re- d, filed and roved. 26. Request for Proposals - Southwest Arterial Project Con- struction Engineering Services: City Manager recommending author- ization to proceed with initiating the Request for Proposals process for soliciting proposals from qualified con- sulting firms to provide all phases of Con- struction Engineering Services for both the English Mill Road Reconstruction Project and the Military Road Reconstruction Project. Upon motion the documents were re- ceived, filed and approved. 27. Authorized itory Institutions: Manager recom- ng approval to Hometown Bank an authorized itory for City ance funds. Upon the Historic Federal Building. 3. Fiscal Year 2016 First Budget Amend- ment: City Manager recommending the first Fiscal Year 2016 accordance with all terms and conditions set forth in the bid documents and Con- tract Agreement. Upon motion the documents were received and filed and Resolution No. 307- 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 hearing of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 21, 2015 in the Historic Federal Building. 6. Voluntary Annex- ation - Bahl Property: City Manager recom- mending that a public hearing be set for October 5, 2015, on the voluntary annexation request from Martin J. and Linda C. Bahl, and Terrance G. Bahl, for 1.3 acres of their property from Asbury Road north to Forest Hills Subdivision in the City of Asbury. Upon motion the documents were received and filed and Resolution No. 308- 15 Setting a public hearing on an application for volun- tary annexation of territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 5, 2015 in the Historic Federal Building. BOARDS/ COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions. Historic Preservation Commission: Two, 3- year terms through July 1, 2018 (Vacant At - Large term of Krueger and Old Main District - Interim term of Rapp). Applicants: Susan Price, 653 'h White St. (Qualifies for At - Large); and D. Joseph Rapp, 27 Locust St. (Old Main District - Interim). Ms. Price spoke in support of her appointment. Environmental Stewardship Advisory Commission: One, 3- --••�•laV41,111 IlGaiten/, saran rrsner was appointed to a vacant 3-year term through January 1, 2016 PUBLIC HEARINCIS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil on the following items. 1. Dubuque Industrial Center Economic Development District - Urban Renewal Plan Amendment: Proof of publication on notice of public hearing to consider approval of an amended and restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel- opment District and the City Manager recommending appro- val. Motion by Lynch to receive and file the documents and adopt Resolution No. 309-15 Approving the Amend- ed and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel- opment District. Sec- onded by Jones. Motion carried 7-0. 2. Upper Bee Branch Creek Mississippi River Trail Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the Upper Bee Branch Creek Mississippi River Trail Project and the City Manager recom- mending approval. Mo- tion by Braig to receive and file the documents and adopt Resolution No. 310-15 Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch Creek Mississippi River Trail (MRT) Iowa DOT Project No. SB-IA- 2100(675)-7T-31. Sec- onded by Resnick. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 1. Appeal of Historic Preservation Commis- sion Action - 100 Main Street: Joe Zwack filing an appeal of a Historic Preservation Commis- sion action denying the addition of balconies at his business, Lot 1, 100 meat oetween the City of Asbury and the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0. 4. Severance Request - Kelley Property: City Manager recommend- ing approval of a Severance Petition from Stephen Kelley, 6900 Asbury Road, to facilitate annexation of the property to the City of Asbury. Motion by Connors to receive and file the documents and adopt Resolution No. 312-15 Approving sev- erance of certain territory from the City of Dubuque. Seconded by Lynch. Motion car- ried 7-0. 5. Water & Resource Recovery Center - Nutrient Reduction Plan: City Manager recommending appro- val of the draft Nutrient Reduction• Strategy for the Water & Resource Recovery Center prepared by Strand Engineers and Associates and to recommend authori- zation for Strand to submit the plan to Iowa Department of Natural Resources (IDNR). Motion by Jones to receive and file the documents and adopt Resolution No. 313-15 Authorizing Strand Associates of Madison, Wisconsin, to submit to the Iowa Department of Natural Resources the Water & Resource Recovery Center Nutrient Reduc- tion Plan. Seconded by Connors. W&RRC Man- ager Jonathan Brown and Randy Wirtz of Strand Associates, Inc., provided a slide pre- sentation on the his- tory of the W&RRC renovation project and the background and regulations related to the Nutrient Reduction Plan. Motion carried 7-0. 6. Roadway Improve- ment Project at John F. Kennedy Road and West 32nd Street: City Manager recommend- ing approval of an Agreement with devel- oper Kivlahan Farms L.C. for construction of public roadway im- provements at the intersection of JFK Road and West 32nd Street. Motion by Lynch to receive and menddt uir. seconded by Connors. Dr. Heyo Tjarks, DDS; and Dr. Marty Averill, DDS, thanked the City Council and provided background informa- tion about the clinic and showed a video of a recent clinic event. Motion carried 7-0. 9. Code of Ordinances Amendment - Indus- trial Center West Urban Renewal: City Manager recommend- ing approval of an amendment to the tax increment ordinance for the Dubuque Indus- trial Center Economic Development District that would allow tax increment financing to be used in the new Subarea G. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion car- ried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 55-15 Amending Ordinance No. 39-15, Previously Amended, providing that general property taxes levied and collected each Motion by Connors for final consideration and passage of Ordinance No. 56-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commis- sions by Repealing Chapter 2 Civil Service Commission and Adopt- ing a New Chapter 2 Civil Service Commis- sion in Lieu Thereof Establishing the Civil Service Commission and Providing for the Powers, Operation, Membership, and Meet- ings. Seconded by Lynch. Motion carried 7- 0. 11. Code of Ordi- nances Amendment - Title 2 Sister City Relationships Advisory Commission: City Man- ager recommending approval of an ordinance which adds a new Title 2, Chapter 9 which establishes the Sister City Relationship Advisory Commission and provides for the powers, operation, membership and meet- ings. 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. Acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Sec- onded by Braig. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:57 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:58 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 1t 9/16