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Proof of Publication_City Council Proceedigns 12 7 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: December 16, 2015, and for which the charge is $254.99. 17> Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day o _,20A-5- o�Nl-o-ntrs n ing CITY OF DUBUQUE, ,9/20; : 10/31 Upon ` IOWA motion the documents ' CITY COUNCIL. were received and filed. PROCEEDINGS 2. Notice.of Claims' REGULARSESSION + and Suits:.Matt Daykin The, Dubuque City, for vehicle damage, Council met in regular, Shannon "Martin for'I session at 6:30 p.m.on .property,damage Don Notary Public in and for Dubuque County, Iowa. December 7;;. 2015 in, ria Moeller.for•personal' the Historic Federal" injury.Upon motion the:i Building, 350';:W. 6th documents were re- Street ceive`d, " filed and Present Mayor'.Proreferred to the City P � � Tem Sutton; Council. Attorney. W ��a' r � � .Members Braig Con 3. SCADA.Manhole z COmmissior ";!mDer 1.5488£' Hors Jones;." Lynch; Installation Project; j _ � ? Resnick, City Manager Award: City. Manager - Van Milligan City recommending ,award I ' - ��� Mayor Pro Tern �� CDA Flow Metenrf o Attorney.Lindahl of. the construction Absent.Mayor Buol contract,for the 203%, and Resolution No 406- and Resolution No.410- Amendment to ,the Sutton read the'call"' Stations) Manhole ler- 15_Accepting the 2015 15 Accepting public Development Agreem Asphalt ,Overlay Pro- improvements in Arbor :ent between theCityof, and stated this is a I''-"tion ProjecttnOII jest -Curb. Access Estates No:2 Jn the -Dubuque; :,lowaJ +and regular session of the low Gidde Connolly_, Ramps -Project Two City of Dubuque,Iowa, Weaver":Castle, LLC; titjrCouncil called,for, Construction,Inc:Upon-; and authorizing the was adopted. was adopted the purpose of coir motion:the documents payment of.;the con= 12.Acca tante Of Fire "15."Weaver Castle,' ducting such',business I were received and filed I tract amount to `the Stati.oh. p4 Improve- „LLC .Amendment to # p that may properly. ,'and Resolution No.404- ! contractor.was adopted:' merits Mechanical & :Development 'Agree-- come'before*the "City 15 Awarding public ;9 Acceptance of Restroom U ra W. P. improvement contract Asphalt Overlay.Access; lett,,. Cityp9Manager ,;Locust fOStreet326City Council LEDGE OF for the'SCADA (Flow Ram Pro g p g ALLEGIANCE =-%I Metering Stations) were receiv�re and filed. '7-OVerla Access Ramp P ject Three: 'recommendin ,acre t Mana er recommend= CONSENT ITEMS 'Manhole Installation 6. Paragon Square y City,Manager recom- ante'of`the'construc- Ing, approval of the Project One" as mendin a Motion by Lynch to , Project was adopted. and Marquette Place ..,Project' by,Midwest. g ceeptance:of tion contract fore the Second Amendment to. p the construction con_ ire ,Stafion #4 IM-' ;Development Agree_ receive and.fife the 4:: Disposition of :Senior Housing Pro Concrete,` ,Inc: Upon tract for ,aha" .2015::_provenients Machan-' 'ment with Weaver documents, adopt the I Claims `City -Attorney 'Marts.- Letters.of,Com motion the;documents AsphaltOve'I resolutions, and dis- advising that the mitment:City,M' er received and'filetl ay Access ical and Restroom Castle,LLcto allow the Ramp Project Three as Upgrade Project,, as developerao be paid pose of as indicated.: following claims ha�Ie and Resolution No.405 °completedy,by Midwest ,scompleted by Maryville ,:,:the,Downtowh',Ho6sin recornmen mg,.appro Seconded by ,Jones-i been referred to,Pub c Val,of two letters of , 15;Accepting the-�2015 9 Motion carried 6-0. Enti, -;Risk Services of financial'-support for Concrete ..Inc";.UpOn', 'Construction Company Incentive for .;'an. ty =Asphalt =overlay Pro motion the documents! Upon;; motion'; the .adonal::,apartment' 1.,' Minutes and { Iowa;the agent for the ?senior housing projects ject ., Curb' Access were receivetl and'#'led documents were re I'at,324-326 W. Locust Repoits Submitted; l Iowa Communities <;ti,downtown on DSquare Ramps Project One and ,and:Resolution No.,40T= ceived4 and,filed"'and ';Street. Upon •motion Cable TV Commission'. Assurance Pool: Matt.< Y . Paragon. authorizing the .pay- 15 Acce tin of!'10/14; City Council Daykin for vehicle" ..;Senior Housing,LLLP at rnent of the.contract ' P 9 the`2015: Resolution No.';411 15 ,the, documents~ were' Proceedings Of 11/16; damage;Shannon Mar '2887 290,1'Central Ave- amount to' the con Asphalt Overlay .Pro Accepting #he, Fire ''received.and J.iled and tin for property dam- ''nue(former Holy Ghost lett. Curb Access Station ' No. " '4 Resolution:N° ,.414-15 Histone Preservation p' p y tractorwas:adopted. Ramps—,Pro' PP g Commission,Sof -11/19; .age Betty Tigges for 'School)and Marquette 8; Acceptance "of p Project,Three Mechanical & Rest Q covin `the'Second Library Board of loses related. to Hall,LLC at 2222 Queen and;,.authorizing the room ;lJpgrade :Project Amendment• to., the Asphalt Overlay Access payment of.'I con- and `author`izing the Development, Agree Trustees Update of eminent domain. Upon ;Street,(former Sacred RampProjeetTwo City4j tract amount to.aha: y y 11/19 Sister City motion the,_documents `;Heart ,tSehooq. Upon -M 't' confractorwasado ted.'' tractorwas�"the<.con rnentbetweenthe.Cit J2elationships•Advisory were `received; filed :.motion tkie,documents mg:acceptance.;ofitFe P adopted. ,of Dubuque;,.lowa and Commission of 11/18; "`and concurred.: were ^received filed 10IAcceptance of SRF 13 Accepfan.ce of Weaver ',Castle, LLC,' Zoning Board., of and a rou y .construction 'contract Green Alley Project.Bid Public,::Roadway«-Im-. -was adopted: 5 Ati'stract of Votes PP 1. -for the '2015�Asphalt 1 Set 1 Year 2. 'Ci PP Y, Adjustment of. 11/19; 2015',General"Election 7 Acceptance of Overlay Access,Ram ty: provements at John F 16.Appeal of Claim b Proofs ?of Publication Dubu:ueCountySuper- -'Asphalt.0verlay<Access P Manager,-recommend- Kennedy;. Road: and Frank Vlach: City,;At for City Council Pro-. visors^'submitting the ,.Ramp Project Orie:City completed byWMidwest, ing-,acceptance of the: West32nd Street.City -torney, recommending: ceedings of, 11/2; Abstract of Votes from Manager recommend construction;:.contract„ Manager,,,recommend- denial of the appeal of:' Proofs of'Publication the November 3, 2015 ";,mg:acceptance of the Concrete ";Inc Upon;, for he SRF Green Alley mg acceptance of.thej `a,claim againstthe City -for List of Claims and 'General Election.'U on construction" contract motion the.!tlocuments BidSetlYear2Project public•, roadway.;. ,im b" -for Vlach Jor Summa of Revenues motion the documents :for the.2015 Asphalt -were"received and filed Coo. and Sony,rreW e penr K r the vehicle damage. Upon ' om letedb - - _ 14 s ca Ishatmotiomtherdocument5 ' �%ating and' 'adopting Farms . L C, ;` has °vuere..'received, filed the`;Final Schedule.'of recently completed 'at andconcurred. Assessments:Upon mo the.infersection of John 17. Sewershed 10 tion the documents F Kennetly Road and < Corrective Action Plan were received and filed West32nd Street.;Upon - and., Submittal of and Resolution No.,408- motion the documents Reports:'City Manager 15 -Accepting),:the 'S,RF were received and filed recommending appro7. Green Alley Project and Resolution No.412 val Of and- author - ',Bid Set.1;"Year ~,and ' 15' Accepting public ization ;for'the City authorizing meatofi the the. pay- roadway improve- 'Manager to"certify,ttie. amount;to t�contract ments at JFK Road and ,-Corrective;:Action.Plan he' con- West 32nd Street the for'Sewershed 10 'and- -tractor;- and Resolution City of Dubuque r:Iowa,. submittal of ,:th6. No -_,409 15 ;Adopting was,adopted. ` ce I ff— report to-;ti e the•.`Final Assessment 14 Weaver castle U-S Department- of Schedule for;the SRF LLC Amendment to,; Justice "U.S. Environ Green All Project Bid_ Development, ' Agree= mental Protection Set ,1` Year 2 were :m 6m: "for 1576=1578- Agency,and the Iowa adopted , 1580 LocustStreetrCity'- Department of Natural 11. Acceptance of Manager recommend- Resources. Upon mo SanitarySewer Main ing approval of the 2nd tion the fdocu"ments: Improvements Arbor Amendment to Devel' were received; filed'. Estates No. 2 City opment'' Agreement . and approved Manager recom1.mend 'with ,Weaver Castle <18 Swinimmg Poof V ing•_zcceptance of the CLC for•.-1576 1578=1580 Concessigns,,_Staffing;, public: i •'mLocus,provements =LoStreet ez_#end city, Manager recom: that the :developer,''°ing the "compl'etion men ding'7approval .of, Riverdream Properties date to"April 30,2016. the addition of staffing LLC, has ,.recently Upon motion the in,the amount of :479, completed ',.in` Arbor,,..documents were re- Full Time _Equivalent, Estates N•o. -2. Uoon ceiveH' an'ri fiipri'"anrl (PTr•,;a f.., -- _ _ _ _ - motion.-,the documents Acknowledgment/Set- services, c now a men e ; modal Transportation services, including the between the U.S. En- and Resolution No.416- '`ed nee pnetion d s g 2015). Annual 2 for were r:received, filed -tlement Agreement for • Center(DITC);Signage: alternative design anal- vironmental Protection 15 Al:prowng'_a Juns engineering Block Grant 33. Improvement violation compliance he Cit of Arterial Project was ment n for,Pizza Hut HistoricI'm Preservation ..ysis' ffloodh ConB of Dabuq e,ntl th'Iowa if r between t diction Agreement phase of the Southwest Commune Develop and apprtsoved• Perfor #I4691an 0';320 East-20th the purpose of oper- Commission l recorn Branch I .,Dubuque'and the Iowa adopted. (CDBG) Funds was Contracts / atmg the-,concession -mending approval of Pumping Station Gates Urban ,Waters Sm'di . D.e artment of Trans 2e Civil,.Service, adopted. mance, Payment and Street. ;Upon motion stands at 'flora and the internally. Ilium and Primary- Electrical. Grant was adopted. P.. ments were Upon for the Iowa Commission: Civil Ser- 30. Fiscal Year 2017 Maintenance Bonds. the documents. Sutton :Pools. , mated electronic mes- Service ' Replacement 25--Total Adminis, portation was Pro- ;.vice;`.Commission sub- Annual TIF Report:City. .IDOT/Portzen Con- <received, filed'. and motion the tlocuments sage,;center sign ;for Project Upon motion trative Services Cor ,, Scenic-_,:Byways Y, mitten "the' Certified "'Manager aransmitting struction for the Upper -;approved'. filed- the DITC' arkin ;ramp, the :documents :were porationFlexibleSpend gram:;;to .remove and g . the Annual`Tax lncre- Bee Branch` Creek '' 36. Alcohol License were received, A P• .g ate the Iowa Great Lists for the positions �Financm Re ort. Mississi River Trail;: Applications-City Man antl approved.- as submitted, with receroed, filed and ing Plan,'Fee Renewal repla, oad signs was of Firefighter and me g .P __,PPS. PP 19.Wat,&,Department' suggestions. Upon'mo approved. City Manager recorn Riuer,i� g g Requestto Create a tion "the documents 24. U.S. EPA Urban mending approval of adoptetl.: Mechanic. Upon;'mo for Fiscal Years 2017, Top Grade Excavating, . ager recommending Small ;Grant 'the administrative,scr 27 a SW Arterial tion the documents ,that -has been filed Inc.,': foed 7&lO Bthe rick b15 eer, l quo val of annual winel Separate-Civil Service . were received, flied Waters • .,.. . County ..Sewersh arida roved., Application: City.Man- vices fee pr-oposed by' Supplemental`;: Agree `were•.,Yeceived,, filed ,with Dubuque, licenses as submitted. tion. ,City pp, Notal Admmistrattve , mento,.No. 15,:, City. and,make a Matter of, Auditor. Denise'Dolan: Manhole Replacement U on. motion the Classifica Manager-recommend- 22.Holy Family School `,ager recommending Cor oratio' p ortlr Upon motion the Project. Upon motion. rn approval to elim- District DARE Agree ,approval of'an,appli Services p n" Manager,,recomme fdf 'Record.29 Community documents';.were •re- 'the..documents were _documents were re- 9 [nate one '`Equipment meet City Manager cation :for U.S. EPA for the flexible spend- mg authorization o Block .ceived and filed. received, filed, and ;ceived sand filed :and Ian -. effective the City Manager to, .Development, "" Annual 31. 'State of Iowa. approved. Resolution No 419-15- Operator .'ll position recommending appro. Urban" Waters :Small. ing P execute,"the Consultant Grant,,(CDBG).-. 'seal Year Grant":.im,,order .to January, 1, 2016, - and-creat&:bne Water val,.of the„F,:,, - J -... ,.,, es---' Action Plan :FY"'2016 .=AnnuaL Financial''Re= 347:Alco,hol'-:Com-fir forbeei,liqng uolicati/or cure,"f4hdin ;,;,,.to -;;.through.December„31 Professional Services.- Distribution Egwpment.,,2015/2016 Drug Abuse se g '4-- .. ._ . -.,• dment'.2:'`Ci . 16:U on motion-the Supplemental ° Agree ::c Amen _ , tY,, p ermits _,..as I.lone In,- :Resistance -;:.Education identify.the source.of 20 p _ ,:. port FY 2035: 'City ance::_Civil Penalty-for, for beer,liquor,and/or Operator .postwith .AECOM. Maga er recommend- � Manager recommend Alcohol L cense Holder - ;wine t ge the Water•;Departmerit' (DARE) Agreement be :r the:.E :...coh,. bacteria -.documents. were re men,,, a royal of the mg approval;ofthe City Neighbors Tap: ,City required by City of ., cu- tween ,.the ;City' of _found- ,in •the -Bee ceived, filed. and . Technlcal,5ervices,Inc: mg pP ue Fiscal Year Manager recommend ,:;Dubuque Code;,;of,. Upon motion the do _ Y for ahe;';fina6,engineer Fiscal:-Year 2016,;Com-, of Dubug 4 ments were receivetl,-. Dubuque Pollee Depart Branch ;: Creek, .and approved.,,, th • Ment '2015 Annual, Financial - ing approval,-..of ,the >Ordinanees :Title , filed and approved. merit:` and. the Holy; establishing -,the,:City, , {,;26. Iowa Scenic, ing.,design phase of the:r munity. Develop on motion` Acknowledgment/Set- ''Business and License' mi( School:'Dlstrict -Nana er as an ;Byways, ,,:Jurisdiction;'Soutlwest Arterial Pro Block-.Grant Annual. ;ReportUpon! were tlement A reement for;.' Regulations,Chapter 2 20. Freshwater.Mus Fa y 9 sels and the Renewal Upon', motion the authorized:' represen- Agreement; City. Man je•ct, :subject 'filed'to the `'Action Plan reallocates..,receivedUmfiled and an alcohol compliance Liquor Control,;Article f' the Dubu ue Ice documents were re- tative _of, the City ager recommending concurrence • of the ,merit 2 that re riot' a roved: violation for Neighbor's B Liquor, Beer :'and o. q 'Harbor: Ci Manager ceived; filed and regarding the grant. authorization for the Iowa;; Department of funds from the rival 32 SouthForkStream- Tap; 1899 Rockdale Wine Licenses' and tY :transmitting informa- approved. :: . Upon ;motion the ;M'ayor't', execute "a -Transportations Upon Fiscal, An al bank Restoration Pro -Road.Upon motion the,' Permits was adopted. tr g g e documents ; Plan into the :Fisc tion from the U.S.Fish, .23J Bee Branch Creek'- documents were re ` 1pnsdiction A reement motion zth rival'Plan ''ect: City, Manager, documents- were re ITEMS SET FOR • Service "Flood-Control Pumping ceived;-and filed and with the aowa Depart ,were::received,and filed._ Year 2016 An 1 - ndin the ceived, filed and PUBLIC.HEARING and Wildlife anon Gates' and Resolution,No- ?415 15; Ment of Trans ortatton andaResolution No:417 and reprograms funds recomme g Midwest;Region.about St p and,;new award of, the South approved.. , Motion by Lynch to Freshwater Mussels Primary Electrical Ser Approving an' ;apple= ,for the ''Iowa...Scenic,' 15 Approving the Con- for, existing,. Fre receive and file .the Re lacement Pro- cation ", for water :Byways .Program ;to sultant - Professional projects: Upon motion Fork Streambank Pro- ance'Civil Penalty for documents, adopt the and the renewal of.the vice p •` CI ``Nana a"r`- monitoring and jestab- , removes.,-ands replace -Services;= Supplemen- the :documents`:were ject to MSA Profes- Penalty ;Dubuque Ice Harbor. Jett•; tY....,, 9 nt No. 15,1.received and filed and sronal Services-for the :Alcohol License Holder- resolutions,' et the _: n=- -the recommending-the CLtY:`_�lshmg,-the�Gity;;;_Man ..the Iowa Great River tai,Agreeme f -survey; Pizza Hut•#4691 City;;;,public;,,hearings as Upon - = a tee -.a er__as n authuTlze� :Road, signs„Upon between AEC(JM Tech-,:_Resolution No. 418-15 purposes oe-,. m rid,' indicated, and `direct documents,,were re enter into an g 9 Ith IIN/--'P.C.for, re resentatiue_regard= motion the,;documents nical',Services;--Inc.,arid' Ppproving Fiscal Year design and, construe Manager reco m8 ceived andfiled. merit w p 21: Dubuque Inter design and engineering;, mg tfhe agreement were received and tiled the`Cityof Dubuque for' 2016 (Program`-,+Year • tion inspectionsC'Upon ing approval of the the City Cler to 2015 in the Historic 2.Bee Branch Creek negotiate a` contract Requirements; Fees to Federal Building. Basin Overlook&22nd with Shive Hattery, clarify how fees are'set BOARDS/ Street ;,Parking•(, Lot Inc., for grant admin- and for consistency , publish notice as COMMISSIONS Project Award: City istration for the 2015 with other codes... prescribed by law. Applicants were Manager recommend- Environmental Protec Seconded by Lynch. Seconded,by Connors. :invited to.address the ing award of -.the tion Agency -Brown= Motion'.carried6-0. motion carried 6-0., City,Council.regarding' construction contract i fields Area-Wide Plan- 7.Code of Ordinances 1.General Obligation ,,their desire to serve onn,,foGthe. Bee Branch ning Cooperative Agree-' Amendment - Title 2 Bond Series 2016ABC- the.ifoliowmg;Boards/ Cre&4-'o. asin Overlook ment., :Seconded .by ,Housing .Commission: General Corporate Commissions. ;rs,-& 22nd-[Str`eet Parking'„ Connors. Motion'car-- City 'Manager recorn= Purpose:City,Manager 1. Mechahical Board: Lot Project.to Tthe low. .ried 6 0.„ - mending approval of .recommending that: a One, 3-year term bidder„-Portzen'Con= 5.100 Resilient Cities an ^ ordinance that public hearing be set through Marcl 16 2016•`.: struction, Inc., subject: Challenge: Maria amentls Section 2 5B 5; for December 21,2015, ,(Vacant term of Kelly).,; tovlowa Department of ' ger recommending,ap- 'to reduce the number o.n the proposition'of Applicant-;Dan Hillary;' Transportation appro-, proval of'the,City "of of 'cross represen- selling not to exceed 3087 Arbor Oaks. Mr. val.Motion by Connors Dubuque's;application . tativesto be;consisfeni: $505,000 in Tax-Exempt Hillary; spoke in to receive and file the, : to' the Rockefeller with the Housing Trust General Obligation support of his.' documents and adopt ; Foundation's 100 Resi- Fund Advisory Commit- Bonds,the proceeds of appointment. "Resolution No. 422-15 [lent Cities. Challenge. tee.Motion by Connors which will be used to 2. Mediacorn Awarding the ,public Motion by Connors.td, ,to receiveand filethe pay costs of -roof Charitable Foundation: improvement contract receive and file the documents and that improvements .to -the One; 1-year term for the. Bee Branch documents and ap? the"requirementthata Historic'Federal Build- through December 31," ,Creek'-Basin Overlook proved the recommen- proposed ordinance be.' ing .and tuck-pointing 2016(Expired,terms of & 22nd:Street Parking, dation. Seconded by considered and?°'voteds at the IHam House. Chavenelle):Applicant- Lot Project,`"lowa DOT Jones. ,City' Manager ,on for'passage,at two. Upon-motion the docu Gail Chavenelle, 1155 Project.,. No. TAP-U- Van Milligen respond- Council meetings prior,' ments were.received Kelly Lane. 2100(683)--81-31.' Sec- ed to questions to the meeting at and filed` and Reso- 3. Transit Advisory.,:: onded by Jones. City . regarding the �defim which itis to be assedl. year Maria er.Van Milli en tion ,of--'.resilient •be :suspended. Sec- lution No.420 15 Fixing, Board: One,; 3 ye g g Y, P -,_ _ s- ou ul 30 and Cit Engineer Gus relation to City Council' onded,„ b Resnick- Qa« orrd meet+ra9P -term. [_.9 .y N y Y. the proposition of,,the 2017 (Vacant term of"' Psih'oyos'"resporded"fo'°'goals4--..and__.,the. Motioncarcied60: issuance 'of not to .Stedman). Applicants:.,.questions -,regarding comparison:, between --motion-by-Connors-for exceed' W5,000'Gen- Joel Lighfcap;1985 Alta -providing -update re- the, resiliency officer final consideration and. era) Obligation Bonds Vista St., and Dora _;,ports to, the " City position required: by Passage of Ordinance Of the City of Dubuque Serna,2160:Marion St Council:and how[DOT,: the grant and the,City's No:` 74-15 Amending" State of.' -Iowa „(for Ms.'i Serna spoke in involvement • effects' current:, sustainability City,of Dubuque;Code` 'General t,' Corporate 'support of her the design and bidding coordinator.' Motion" of Ordinances Title:2_! ?Purposes); and proved ..appointment-•': process.' Motion car- carried 5-1_with-Res- Boards and Commis-'; ,in for'publication"'of. 4: Zonmg"Board of`.reed 6.0: nick voting nay. sions,Chapter 5 Hous- notice ,thereof .was Adjustment. `One 5 3-Transit Bus Storage fi:Code of Ortlinances ing-Agency and;Com- adopted setting a., yeap� term.>through 'Facility ProjectConsul- Amendment.';, -Title 1.0' munity Development ;public hearing for; a March 25,• F 2020 tant Selection: :City, Public Ways' and Commissions;•"Section meeting fo commence_ (Expired;term;;of Bird). Manager recommend- Property Permit', Re-, 2-51375o,Membership by at 6:30. p.r i ','on;.Applicants: Keith Ahl-. ing approval of the quirements:}City. Man reducing the num berof December 21, 2015 in vin,264 S:-Grandview;, selection of Kueny, ager recommending cross"re11 presentatives the ;Historic Federal and:Eugene Bird,3985' Architects to provide 'approval of an, ordi- to- be,consistent with, 'Building:<{:, ' Mount Vail ,Ridge -Mr- architectural design,-. nance revising Section the Housing'Trust Fund 2.General Obligation Ahlvin spoke in support;' engineering antl:'con- 10.3D-2 Permit Require-' Advisory . Corrimittee.;, Bonds,Series 20166[ - ofli`,isappoinimenl`y struction administra ments; +Fees, ,author Seconded' by Lynch ti Essential Corporate ACTION.ITEMS tion services for the izing the City Manage,: Motioncarried 6.0 Purpose:City Manager uque City of>Dubuque to: establish) the "fee COUNCIL MEMBER .k 1;. Greater,Dub recommending that a Development:' Corpor Transit Bus; Storage`' amounts ;for acces REPORTS .;public hearing be.-set ation'- Quarterly Up-c Faality Project and sibility-related en Council Member' for December-21,1015, ,date:, GDD.c_;President, provide authority, to' croachments or, en, Jones r-eported_on,the,;, ion the'proposition.Of and''CEO Rick':Dickinson: negotiate an agree- croachments that ben- passing-of community: elling not io;exceed pYovided a verbal: ment'and execute w efit-the public.Motion. member Bob Peacock $15,555,000 in .Tax- report on.the'activities; cont`ract. Motion: by by.7ones to receive and `e'CLOSED'SESSION 'Exempt General Obli- ofthe-Greater Dubuque,.'Braig>fo,-receive and file the;documents and Motion,.by,Jones"to gation Bonds,. the Development Corpora file-the documents and that the requirement convene in closed proceeds of which will tion. Topics included: app rovetherecommen- that a proposed ordi- session at 7:43 p.m to-' be-used to,,pay costs of recognizing the pass dation.-Seconded;, by, nance be considered discuss.,pending lit: Airport New Terminal ing;,..of , community: Jones.Transit Manager , and voted,' on fo gation` and property improvements, "sani- member Bob'Peacock; Candace:,Eudaley re-, passage at two Council .acquisition pursuant to tary sewer •improve- thanking- ,'out.going sponded to questions" meetings prior to the_"Chapter 21.5(1)(c) G).i ments, .water. system Council Memb'ersBraig :regarding the Process,: meeting at;which it is Code:,'ofIowa;' Sec improvements and and; Sutton for their of using, a selection to'' be passed be- onded 'by Connors:" -:,refund :previously,":is service, m„eeting� or,_ committee and regwre_- suspended . Seconded' Motion carried 6.0. "sued,genera[obiigatio'n exceeding `;tile"`NEXT ments of the' FTA. . by Lynch:C' ylvlanager' Upon motion°at 7:59, bonds. Upon• motion Campaign goals of job, Motion'carried 6-0 Van Milligen respond- the City Council' the documents were creation; average 4. EPA Brownfield ed o,questions regard reconvened in open received and filed and ;wage;residential/coni- Area-Wide Planning ing similar,processes session stating; that Resolution No. 421-15 mercial construction;= Grant:- Service'Con- of.other cities and:the staff,had been.,,given, Fixing date for: a .and'populatioin growth;,: tract, City:Manager potential burden ontne pr'ope'rdirectiom. meeting on the,pro- -Mr.Dickinson respond- recommending appro- City Manager 'or his There being..no .position of the issu- ed-to questions related val to enter into a successor. Motion 6&- further,business,`upon`` ante of not to exceed to.-Access J'Dubuquej, contract with Shive ried 6-0. motionthe City Council $15,555,000 General .Jobswebredesign;tal ,Hattery, Inc., for the ,Motion by Jones for adjournedat8:00'p.m. :Obligation Bonds of the ent'recruitment efforts;:' 'administration of the final consideration and /s/KevinS_Firnstahl, ;.City.of Dubuque,.,5tate job, skills, :education;. 2015 Environmental passage of Ordinance CMC,City Clerk of Iowa (for Essential downtown crime'con-' Protection Agency No. 73-15 Amending it 12/16 Corporate.Purposes), -terns, trends in eco- Brownfields Area-wide City of Dubuque Code.- .and, providing, for nomic.,: devel"opment Planning •Cooperative' ofc.Ordinances title 10 -publication--of-.notice 'and"potehtial budget, Agreement:Motion by Public •Ways and'.[ thereof'was ,adopted savings.. Motion by Lynch to receive;and Property, ::Chapter;3;- setting a, public -:Lyn.ch to receive and file the documents and En.croachments-on Pub-, hearing-forua,meeting file the information. adopt.Resolution;'No. .lic Places;'.Article,D 'to,;commence. at,.6:30• .Seconded b'y Braig.;:' 423 15 AuthoHiihj the other, Encroachments; p.m.,on'Decem6 21, ' ,.fi.I car,a 6-0 City Manager to ;:Section 10-3D-2 Permit 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: December 16, 2015, and for which the charge is $254.99. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day o�� ,„, J , 20 /S for Months Ending CITY OF DUBUQUE, 9/20, 10/31 Upon IOWA motion the documents CITY COUNCIL were received and filed. PROCEEDINGS 2. Notice of Claims REGULAR SESSION and Suits: Matt Daykin The Dubuque City for vehicle damage, Council met in regular Shannon Martin for session at 6:30 p.m. on property damage, Don - December 7, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor. Pro- Tem Sutton; Council Members Braig, Con- nors, Jones, Lynch, Resnick; City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro-Tem Sutton 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 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 6-0. 1. Minutes and. Reports Submitted: Cable TV Commission of 10/14; City Council Proceedings of 11/16; Historic Preservation Commission of 11/19; Library Board of Trustees Update of 11/19; Sister City Relationships Advisory Commission of 11/18; Zoning Board of Adjustment of 11/19; Proofs of Publication for City Council Pro- ceedings of 11/2; Proofs of Publication for List of Claims and na Moeller for•personal injury. Upon motion the documents were re- ceived, filed and referred to the City Attorney. 3. SCADA Manhole Installation Project Award: City Manager recommending award of the construction contract for the 2015 SCADA (Flow Metering Stations) Manhole In- stallation Project to the low bidder, Connolly Construction, Inc. Upon motion the documents were received and filed and Resolution No. 404- 15 Awarding public improvement contract for the SCADA (Flow Metering Stations) Manhole Installation Project was adopted. 4. 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: Matt Daykin for vehicle damage; Shannon Mar- tin for property dam- age; Betty Tigges for loses related to eminent domain. Upon motion the documents were received, filed and concurred. 5. Abstract of Votes - 2015 General Election: Dubuque County Super- visors submitting the Abstract of Votes from the November 3, 2015 General Election. Upon Summary of Revenues motion the documents 19' �E� Notary Public in and for Du uque County, Iowa. were received and filed. 6. Paragon Square and Marquette Place Senior Housing Pro- jects, - Letters of Com- mitment: City Manager recommending appro- val of two letters of financial support for senior housing projects in downtown Dubuque by Paragon Square Senior Housing, LLLP at 2887-2901 Central Ave- nue (former Holy Ghost School) and Marquette Hall, LLC at 2222 Queen Street (former Sacred Heart School). Upon motion the documents were received, filed and approved. 7. Acceptance of Asphalt Overlay Access Ramp Project One: City Manager recommend- ing acceptance of the construction contract for the 2015 Asphalt •. MARY K.W48TERMI6:YEH Commissiona4v ,";'tuber 154885 (r rn , • ; =FP. 1. ',Ili? Overlay Access Ramp Project One as completed by Midwest Concrete, Inc. Upon motion the documents were received and filed and Resolution No. 405- 15 Accepting the 2015 Asphalt Overlay Pro- ject Curb Access Ramps Project One and authorizing the pay- ment of the contract amount to the con- tractor was adopted. 8. Acceptance of Asphalt Overlay Access Ramp Project Two: City Manager recommend- ing acceptance of the construction contract for the 2015 Asphalt Overlay Access Ramp Project Two as completed by Midwest Concrete, Inc. Upon motion the documents were received and filed and Resolution No. 406- 15 Accepting the 2015 Asphalt Overlay Pro- tect Curb Access Ramps Project Two and authorizing the payment of the con- tract amount to the contractor was adopted. 9. Acceptance of Asphalt Overlay Access Ramp Project Three: City Manager recom- mending acceptance of the construction con- tract for the 2015 Asphalt Overlay Access Ramp Project Three as completed by Midwest Concrete, Inc. Upon motion the documents were received and filed and Resolution No. 407- 15 Accepting the 2015 Asphalt Overlay Pro- ject Curb Access Ramps Project Three and authorizing the payment of the con- tract amount to the contractor was adopted. 10. Acceptance of SRF Green Alley Project Bid Set 1 - Year 2: City Manager recommend- ing acceptance of the construction contract for the SRF Green Alley - Bid Set 1 Year 2 Project as completed by Drew Cook and Sons Exca- vating and adopting the Final Schedule of Assessments. Upon mo- tion the documents were received and filed and Resolution No. 408- 15 Accepting the SRF Green Alley Project - Bid Set 1 Year 2 and authorizing the pay- ment of the contract amount to the con- tractor; and Resolution No. 409-15 Adopting the Final Assessment Schedule for the SRF Green Alley Project Bid Set 1 Year 2 were adopted. 11. Acceptance of Sanitary Sewer Main Improvements - Arbor Estates No. 2: City Manager recommend- ing acceptance of the public • improvements that the developer, Riverdream Properties LLC, has recently completed in Arbor Estates No. 2. Upon motion the documents were received and filed and Resolution No. 410- 15 Accepting public improvements in Arbor Estates No. 2 in the City of Dubuque, Iowa, was adopted. 12. Acceptance of Fire Station #4 Improve- ments - Mechanical & Restroom Upgrade Pro- ject: City Manager recommending accept- ance of the construc- tion contract for the Fire Station #4 Im- provements - Mechan- ical and Restroom Upgrade Project, as completed by Maryville Construction Company. Upon motion the documents were re- ceived and filed and Resolution No. 411-15 Accepting the Fire Station No. 4 - Mechanical & Rest - room Upgrade Project and authorizing the payment to the con- tractor was adopted. 13. Acceptance of Public Roadway Im- provements at John F Kennedy Road and West 32nd Street: City Manager recommend- ing acceptance of the public roadway im- provements that the developer, Kivlahan' Farms L.C., has recently completed at the intersection of John F. Kennedy Road and West 32nd Street. Upon motion the documents were received and filed and Resolution No. 412- 15 Accepting public roadway improve- ments at JFK Road and West 32nd Street in the City of Dubuque, Iowa, was adopted. 14. Weaver Castle, LLC Amendment to Development Agree- ment for 1576-1578- 1580 Locust Street: City Manager recommend- ing approval of the 2nd Amendment to Devel- opment Agreement with Weaver Castle, LLC for 1576-1578-1580 Locust Street extend- ing the completion date to April 30, 2016. Upon motion the documents were re- ceived and filed and Resolution No. 413-15 Approving the Second Amendment to the Development Agreem- ent thCity Dubuquebeween, Iowate ay Weaver Castle, LLC, was adopted. 15. Weaver Castle, LLC Amendment to Development Agree- ment for 324-326 W. Locust Street: City Manager recommend- ing approval of the Second Amendment to Development Agree- ment with Weaver Castle, LLC to allow the developer to be paid the Downtown Housing Incentive for an additional apartment at 324-326 W. Locust Street. Upon motion the documents were received and filed and Resolution No. 414-15 Approving the Second Amendment to the Development Agree- ment between the City of Dubuque, Iowa and Weaver Castle, LLC, was adopted. 16. Appeal of Claim by Frank Vlach: City At- torney recommending denial of the appeal of a claim against the City by Frank Vlach for vehicle damage. Upon motion the documents were received, filed and concurred. 17. Sewershed 10 Corrective Action Plan and Submittal of Reports: City Manager recommending appro- val of and author- ization for the City Manager to certify the Corrective Action Plan for Sewershed 10 and submittal of the certified report to the U.S. Department of Justice, U.S. Environ- mental Protection Agency and the Iowa Department of Natural Resources. Upon mo- tion the documents were received, filed and approved. 18. Swimming Pool Concessions Staffing: City Manager recom- mending approval of the addition of staffing inthe amount of .479 Full Time Equivalent (FTE's) for Fiscal Year 2016 and 1.44 FTE's in the future budgets for Legal Notices the purpose of oper- ating the concession stands at Flora and Sutton Pools. Upon motion the documents were received, filed and approved. 19. Water Department - Request to Create a Separate Civil Service Classification: City Manager recommend- ing approval to elim- inate one Equipment Operator II position and create one Water Distribution Equipment Operator position in, the Water Department. Upon motion the docu- ments were received, filed and approved. 20. Freshwater Mus- sels and the Renewal of the Dubuque Ice Harbor: City Manager transmitting informa- tion from the U.S. Fish and Wildlife Service Midwest Region about Freshwater Mussels and the renewal of the Dubuque Ice Harbor. Upon motion the documents were re- ceived and filed. 21. Dubuque Inter - modal Transportation Center (DITC) Signage: Historic Preservation Commission recom- mending approval of the internally illum- inated electronic mes- sage center sign for the DITC parking ramp, as submitted, with suggestions. Upon mo- tion the documents were received, filed and approved. 22. Holy Family School District - DARE Agree- ment: City Manager recommending appro- val of the Fiscal Year 2015/2016 Drug Abuse Resistance Education (DARE) Agreement be- tween the City of Dubuque Police Depart- ment and the Holy Family School District. Upon motion the documents were re- ceived, filed and approved. 23. Bee Branch Creek Flood Control Pumping Station Gates and Primary Electrical Ser- vice Replacement Pro- ject: City Manager recommending the City enter into an agree- ment with IIW, P.C. for design and engineering services, including the alternative design anal- ysis, for the Bee Branch Flood Control Pumping Station Gates and Primary Electrical Service Replacement Project. Upon motion the documents were received, filed and approved. 24. U.S. EPA Urban Waters Small Grant Application: City Man- ager recommending approval of an appli- cation for U.S. EPA Urban Waters Small Grant in order to secure funding to identify the source of the E. coli bacteria found in the Bee Branch Creek and establishing the City Manager as an authorized represen- tative of the City regarding the grant. Upon motion the documents were re- ceived and filed and Resolution No. 415-15 Approving an appli- cation for water monitoring and estab- lishing the City Man- ager as an authorized representative regard- ing the agreement between the U.S. En- vironmental Protection Agency and the City of Dubuque, Iowa for Urban Waters Small Grant was adopted. 25. Total Adminis- trative Services Cor- poration Flexible Spend- ing Plan Fee Renewal: City Manager recom- mending approval of the administrative, ser- vices fee proposed by Total Administrative Services Corporation for the flexible spend- ing plan effective January 1, 2016, through December 31, 2016. Upon motion the documents were re- ceived, filed and approved. 26. Iowa Scenic Byways Jurisdiction Agreement: City Man- ager recommending authorization for the Mayor to execute a Jurisdiction Agreement with the Iowa Depart- ment of Transportation for the Iowa Scenic Byways Program to remove and replace the Iowa Great River Road signs. Upon motion the documents were received and filed and Resolution No. 416- 15 Approving a Juris- diction Agreement between the City of Dubuque and the Iowa Department of Trans- portation for the Iowa Scenic Byways Pro- gram to remove and replace the Iowa Great River Road signs was adopted. 27. SW Arterial Supplemental Agree- ment No. 15: City Manager recommend- ing authorization for the City Manager to execute the Consultant Professional Services - Supplemental Agree- ment with AECOM Technical Services, Inc. for the final engineer- ing design phase of the Southwest Arterial Pro- ject, subject to the concurrence of the Iowa Department of Transportation. Upon motion the documents were received and filed and Resolution No. 417- 15 Approving the Con- sultant Professional Services - Supplemen- tal Agreement No. 15 between AECOM Tech- nical Services, Inc., and the City of Dubuque for the completion of final engineering design. phase of the Southwest Arterial Project was adopted. 28. Civil Service Commission: Civil Ser- vice Commission sub- mitting the Certified Lists for the positions of Firefighter and Mechanic. Upon mo- tion the documents were received, filed and make a Matter of Record. 29. Community Development Block Grant (CDBG) Annual Action Plan FY 2016 Amendment 2: City Manager recommend- ing approval of the Fiscal Year 2016 Com- munity Development Block Grant Annual Action Plan - Amend- ment 2 that reallocates funds from the prior Fiscal Year 2015 Annual Plan into the Fiscal Year 2016 Annual Plan and reprograms funds for existing and new projects. Upon motion the documents were received and filed and Resolution No. 418-15 Approving Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 2 for Community Develop- ment Block Grant (CDBG) Funds was adopted. 30. Fiscal Year 2017 Annual TIF Report: City Manager transmitting the Annual Tax Incre- ment Financing Report for Fiscal Years 2017 that has been filed with Dubuque County Auditor Denise Dolan. Upon motion the documents were re- ceived and filed. 31. State of Iowa Annual Financial Re- port FY 2015: City Manager recommend- ing approval of the City of Dubuque Fiscal Year 2015 Annual Financial Report. Upon motion the documents were received, filed and approved. 32. South Fork Stream - bank Restoration Pro- ject: City Manager recommending the award of the South Fork Streambank Pro- ject to MSA Profes- sional Services for the purposes of survey, design and construc- tion inspections. Upon motion the uocuments were received, filed and approved. 33. Improvement Contracts / Perfor- mance, Payment and Maintenance Bonds: IDOT/Portzen Con- struction for the Upper Bee Branch Creek Mississippi River Trail; Top Grade Excavating, Inc., for the 2015 Sewershed 7 & 10 Brick Manhole Replacement Project. Upon motion the documents were received, filed and approved. 34. Alcohol Compli- ance Civil Penalty for Alcohol License Holder - Neighbor's Tap: City Manager recommend- ing approval of the Acknowledgment/Set- tlement Agreement for an alcohol compliance violation for Neighbor's Tap, 1899 Rockdale Road. Upon motion the documents were re- ceived, filed and approved. 35. Alcohol Compli- ance Civil Penalty for Alcohol License Holder - Pizza Hut #4691: City Manager recommend- ing approval of the d Ack nowIement/Set g tiement Agreement for an alcohol compliance violation for Pizza Hut #4691, 320 East 20th Street. Upon motion the documents were received, filed and approved. 36. 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. 419-15 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 Legal Notices publish notice as prescribed by law. Seconded by Connors. Motion carried 6-0. 1. General Obligation Bond Series 2016ABC - General Corporate Purpose: City Manager recommending that a public hearing be set for December 21, 2015, on the proposition of selling not to exceed $505,000 in Tax -Exempt General Obligation Bonds, the proceeds of which will be used to pay costs of roof improvements to the Historic Federal Build- ing and tuck -pointing at the Ham House. Upon motion the docu- ments were received and filed and Reso- lution No. 420-15 Fixing date for a meeting on the proposition of the issuance of not to exceed $505,000 Gen- eral Obligation Bonds of the City of Dubuque, State of Iowa (for General Corporate Purposes), and provid- ing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 21, 2015 in the Historic Federal Building. 2. General Obligation Bonds Series 2016BC - Essential Corporate Purpose: City Manager recommending that a public hearing be set for December 21, 2015, on the proposition of selling not to exceed $15,555,000 in Tax - Exempt General Obli- gation Bonds, the proceeds of which will be used to pay costs of Airport New Terminal improvements, sani- tary sewer improve- ments, water system improvements, and refund previously is- sued general obligation bonds. Upon motion the documents were received and filed and Resolution No. 421-15 Fixing date for a meeting on the pro- position of the issu- ance of not to exceed $15,555,000 General Obligation Bonds of the City of Dubuque, State of Iowa (for Essential Corporate Purposes), and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 21, 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. 1. Mechanical Board: One, 3-year term through March 16, 2016 (Vacant term of Kelly). Applicant - Dan Hillary, 3087 Arbor Oaks. Mr. Hillary spoke in support of his appointment. 2. Mediacom Charitable Foundation: One, 1-year term through December 31, 2016 (Expired terms of Chavenelle). Applicant - Gail Chavenelle, 1155 Kelly Lane. 3. Transit Advisory Board: One, 3-year term through July 30, 2017 (Vacant term of Stedman). Applicants: Joel Lightcap, 1985 Alta Vista St., and Dora Serna, 2160 Marion St. Ms. Serna spoke in support of her appointment. 4. Zoning Board of Adjustment: One, 5- year term through March 25, 2020 (Expired term of Bird). Applicants: Keith Ahl- vin, 264 S. Grandview; and Eugene Bird, 3985 Mount Vail Ridge. Mr. Ahlvin spoke in support of his appointment. ACTION ITEMS 1. Greater Dubuque Development Corpor- ation - Quarterly Up- date: GDDC President and CEO Rick Dickinson provided a verbal report on the activities of the Greater Dubuque Development Corpora- tion. Topics included recognizing the pass- ing of community member Bob Peacock; thanking out -going Council Members Braig and Sutton for their service; meeting or exceeding the NEXT Campaign goals of job creation; average wage; residential/com- mercial construction; and population growth; Mr. Dickinson respond- ed to questions related to Access Dubuque Jobs web redesign; tal- ent recruitment efforts; job skills education; downtown crime con- cerns, trends in eco- nomic development and potential budget savings. Motion by Lynch to receive and file the information. Seconded by Braig. Motion carried 6-0. 2. Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project Award: City Manager recommend- ing award of the construction contract for the Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project to the low bidder, Portzen Con- struction, Inc., subject to Iowa Department of Transportation appro- val. Motion by Connors to receive and file the documents and adopt Resolution No. 422-15 Awarding the public improvement contract for the Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project, Iowa DOT Project No. TAP-U- 2100(683)--81-31. Sec- onded by Jones. City Manager Van Milligen and City Engineer Gus Psihoyos responded to questions regarding providing update re- ports to the City Council and how !DOT involvement effects the design and bidding process. Motion car- ried 6-0. 3. Transit Bus Storage Facility Project Consul- tant Selection: City Manager recommend- ing approval of the selection of Kueny Architects to provide architectural design, engineering and con- struction administra- tion services for the City of Dubuque - Transit Bus Storage Facility Project and provide authority to negotiate an agree- ment and execute a contract. Motion by Braig to receive and file the documents and approve the recommen- dation. Seconded by Jones. Transit Manager Candace Eudaley re- sponded to questions regarding the process of using a selection committee and require- ments of the FTA. Motion carried 6-0. 4. EPA Brownfield Area -Wide Planning Grant - Service Con- tract: City Manager recommending appro- val to enter into a contract with Shive Hattery, Inc., for the administration of the 2015 Environmental Protection Agency Brownfields Area -Wide Planning Cooperative Agreement. Motion by Lynch to receive and file the documents and adopt Resolution No. 423-15 Authorizing the City Manager to negotiate a contract with Shive Hattery, Inc., for grant admin- istration for the 2015 Environmental Protec- tion Agency Brown - fields Area -Wide Plan- ning Cooperative Agree- ment. Seconded by Connors. Motion car- ried 6-0. 5. 100 Resilient Cities Challenge: City Mana- ger recommending ap- proval of the City of Dubuque's application to the Rockefeller Foundation's 100 Resi- lient Cities Challenge. Motion by Connors to receive and file the documents and ap- proved the recommen- dation. Seconded by Jones. City Manager Van Milligen respond- ed to questions regarding the defini- tion of resiliency, relation to City Council goals and the comparison between the resiliency officer position required by the grant and the City's current sustainability coordinator. Motion carried 5-1 with Res- nick voting nay. 6. Code of Ordinances Amendment - Title 10 Public Ways and Property Permit Re- quirements: City Man- ager recommending approval of an ordi- nance revising Section 10-3D-2 Permit Require- ments; Fees, author- izing the City Manager to establish the fee amounts for acces- sibility -related en- croachments or en- croachments that ben- efit the public. 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 Lynch. City Manager Van Milligen respond- ed to questions regard- ing similar processes of other cities and the potential burden on the City Manager or his successor. Motion car- ried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 73-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments on Pub- lic Places, Article D other Encroachments, Section 10-3D-2 Permit Requirements; Fees to clarify how fees are set and for consistency with other codes. Seconded by Lynch. Motion carried 6-0. 7. Code of Ordinances Amendment - Title 2 Housing Commission: City Manager recom- mending approval of an ordinance that amends Section 2-5B-5 to reduce the number of cross represen- tatives to be consistent with the Housing Trust Fund Advisory Commit- tee. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Sec- onded by Resnick. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 74-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commis- sions, Chapter 5 Hous- ing Agency and Com- munity Development Commissions, Section 2-5B-5 Membership_ by • reducing the number of cross representatives to be consistent with the Housing Trust Fund Advisory Committee. Seconded by Lynch. Motion carried 6-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the passing of community member Bob Peacock. CLOSED SESSION Motion by Jones to convene in closed session at 7:43 p.m. to discuss pending liti- gation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Sec- onded by Connors. Motion carried 6-0. Upon motion at 7:59, the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:00 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk It 12/16