Proof of Publication_City Council Proceedings 5 16 16 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: May 25, 2016, and for which the charge is $382.28.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this aa4f day of , 20 Za .
dr
rotary Public in and for Dubuque County, Iowa.
2r MAR) KWa8ftiMEYER
commigglon Number 164886
�,i
� ( _ Cektlied � 16yafionlRecrea.
Lists a1y11 SerVlce , ttion arld Park Assocea ;
Com isseon �subm[t, k Eio Greaf'Urban Perks;
tiny 'e certifleciIfsts Ca ( ;GraptAppel
for the poseteohs o ft', rati�f tY Manager.
Sealer: Maintenance I tr�an li irig�,the Na-'
T ah, Fbreman tldr�al Reereatiori and
PublTSafety DispatchA'sSociatereat
er and Inspector II Urbah Pg rks Cam0n"Gpaign
kUpon rr)otlon the docu F; I ant thttwas submit-
s
ubmit
meats°were recdl9od tetl op be�ryjalf of<'the
['flled antl make a Mat 7 city •of` S uQue for
ter o Record }
# �,, ,�,o e td be de
7 Riley AutB�Sales Co v a xCg er i
gccejjtance 1*:Water r poh�jno
Main <Impro ements tion gcuments it
City ,Manager-Eecom Were received and
mendllig acceptance of filed ;
the Wat upgain pubh 1 i7 Flari''House,.Ma,
Improve _erits.that the ' sonry r, Rehabilitation j
oWner,i Rlley Auto Sales project Architec .
Co has recently coin tUral/Engineering Or
pleted:adjacent to the ices Clty tvlain r•rec II
south 'side of.",theif ommending.. approval
i pr6perty3 at 4455,Dodge to enteY into a contract,
St#eef 'kUpon motion with Selsel Schaefer I
the doctfrpents were Architects to conduct
YeceiVed�and filed arird4 kconsUlfant;services for '
Resoi)ltibl#xi�o kf81 16'��the°Ham iibbse Ma"son
AccepbrgWatR_9Faihy Rehajlltation Proj
Ilnpro7ements ,in the eet Upop:xfnotJon the
DodgeStreet tUS ' $(loeupleit Were re
Tway 2b)�Rlght ot�Way deiued filed and ap . '
m the�Ity of Dtilu�ue,�,p�o"ved�., r� �
Iowa�7as ado to S ,18�Fwe FI'gs T(�eatef', t
8 T�ri�e#'Hy,rs��Sah1� �lasonr`y fje�abllitatfon,-
scape
tart' Creck� Crossings and„kije F -
PPojeetr 1Award City ArcblteciiJi lWth6ineer;
Manager rgcommend hg Services Cltylvlan;
Ing That the ward for aJer recommending
I the Ti(nbeP Hyrst Es approval tb enterliiio a,
p tat`es ' 4 (forth. p ,with Seller= li
South Line ,:Creek Schaefer Architects to.
Crossings Project be ;:conduct cohsultant
officially jeddordetl en services ,for the.Five,
the A1[iufes of•tbe Clty 1 lags Theater Masonry
CounclL Upoh ,r. Y, . Reha61 itatlon and Fire
the docuYnents+were.',Escape `P,roject: Upon
received filed antl motlbn the documents
t rpaeja°�Aatter tof f2e Werekreceived filed
I c'or �r���, ,i' � su4 and U Pf9r?ed � F j
9 gstic Poeht 9� Pu�llc Housing
EstatesPrellmJhaly Ageho (PHA)JAnnUal
Plat, onmgdwsory kPjan0lty tabager r_ec'”
Go'Yilffii;�sion �ecom ofnthehtll�fig approval
mending approval iof to Tes���mit the Anhual
the�Prehmmary Plat gf ��Agency
Rustle,Point FStates, ( NA)Pian falohg With
l?r568Kehnedy Road tha tCertifecation for
- Upon nidtion the;docu Consistency with..the
I CITY OF DUBUQUE, ` ments'�Were received Consohc�atec� Plan. '
IOWA , filed and approved Upoh moflon the docu-
I °•'CITY COUNCIL„ „#10tr7able`Mound Mo talents were received
i PROCEEDINGS blieHomePark Plat of a1)d flied _and Resolu-
REGULARSESSION,a} Suruey Zoning`q'dviso c tion No 187 16'Auttjor-
The Dubu'gue Cety= mend ng e apbroyalo of ,cGte theMCertification
Council mef In regular.
the Plan of Survey of by State or Local Off!
-
sesslohiat 6 30 p m on
Table -Mound IU1ob)le cial of PH[i Plans Con
i May 16 6 2016 ri the His_ a
toric Federal}Building kWeSt Drveksubject�to jsol�dated pJhntaritl dp
350 W 6thStreet
Present Mayor Buol waivlrtg the iot,fog proval of; PHA An-.1
Cbuh6l Members Oon+ Lot 2 Uponemoteoi the ri1 a201a�c eas�taneeeofj"I
riot's, De11Toro Joppes; documents Werec re Deed and;Assi h ent
(via phone); ILyhch ceivetJryan� filed antl ' of e.-.I
for 2239-Uni-
Resnick,= Rros � Ity Resolution No 82 16 =verset
Manager Van Mllllgen, Y: _Fahey Family
Assistant Cty.Aftorney Approving the plat of imited'Partnership /
BrUlnwell Survey Table Mound Rambo 011>City Manag-
Mayor B�jol•read the Mobile Home Park In Or acceptance of the
caliraild statetl thlstls'a--;. the City ofc Dubuque, deed for the:property
reg ulaf session of the Ibwawas adopted at 2239 vetsity_A,ve=
City Council-called fora it Plat of Survey nue from`the• Fahey
i`fhd' purpose`; of,core ."Tlefenfbaler 2htl�'Place.'."FamilyL(MH;ed'Partner,-
ducting such' business City Manager recom ship antl acceptance of
that may ` inth
prope`r'ly thenPla9 ofpSurley'of lease. forro nththemDog
corse before'the CetY Lofs} 1 and '2 of .House parking lot,; j
Couhcel
PLgEDGE OF Tiefenthaler 2nd'Place t Upon motion the
i 4;,Ai gEGIANCE '+, In the.Clty of DUbuquet meats Were received
PROCLAMATIONS} low'a(North GrapdweW and filed;antl Resolu-
I Blke toe Work Week, Avenue and UnlYersity rtion[Jo 188 is Accept
(May 16 20� 2016}Was. Avenge} Upbn`mo'tion Ing the,D"eed t, certain
accepted by Daue Har,- e.'.documents were 'r'eal estate in the City
tig.of the Bike Coo'° received and filed and of Dubuque,tlowa and
2206 Cont�al AVenue.,p, ResojUtion No.=183-16 an Assignment of
DLRItle en service td in' Plat of pro Lease from Fahey Fa
Oltler t , Amerecriss posed vacated right.of 'ily Limited Partnership
Month(May:A16)was, 'Way of North Grand was atloptetl.
accepted ,'tit' "Ctireg view Avenue,South of 21 Mystique Casino
Orwoll, Executive Dl-.'-: Universlty Venue be Request tb Construct
rector.of'DuRltle 27er-
2$.,ofg he Subdivision oft,gola dity ManagerPatiq and,Pec-
I sbury Rodd;
Lot 12 of Mineral Lot •ornmendMg approval
Apples for Students' ,
Months (June/July` £172 en`the City of Du of a request from Mys-
2016)was accepted by buque iowa was tque Casino, tend
adopted funds from the bubu-
rgeach CooGdinator�for 12:Eagle Point Park' qui Racing:Association
herald W,ednesday,,May.25;_2016 7C
Mark Youth Enrich Certified L"ocai Govern
ment, "1201, Locust mint (CLG) Grant
Street Amendment City Man-
CONSENT ager:.',;iecommending
The Gity Clerk ah:f appCoVal of ah amend-
nounced a correctibrl -meat to Certified LOcal
to#lb Request for Re- GoderPiment (CLG)
lease of Fupds Fiscal Grant No.2015 03 with I
Year 2016 ODBG Annual the State Historic Pres-
Action Planto reflect eCCVation Office for Ea
the change of name t9 gle Point Park that re-
Histone.Bluffs eigh'- moves the requirement i
boyhood Association to cpmplete the second
Motion by Lynch to. part of the project,the
receive and file, the National ,Reglster of
do.cuments, adopt:the Historic Places :no
resolutions,, and;dis nation, as part'of the
pose of as'indicatetl itgrapt-;contract. Upon
eluding Erie;correction motion the documents i
Secontled°by were received and filed
Connors. Motion car- and Resolution No.184-
ried 7 0 16 Authorizing amend
1 Mputes and Re ment`;to CLG Grantdn-!
portS Submitted City Aid dgreemR—f! with
Council proceedings,_of Stat,HistoricaI Society i
5/2 5/9 Civil Service of Iowa to remove Na-
Co
a
Commission of 4/26, tional Register of His
Hjs1 1.111.toric Preservatlon torlcO Places Nomina
CI-" Ission 0,"4/2i tion>for Eagle Point'
Investmeht`; Oversight Park-S:adopted.
Advisory.";Commission' 13. Pre-Annexation`
of 4/27 Library Boartl Agreement Kemp:of—City,Manager: recom
date 4/28;;i ong-Range mending approval of a-''
PlanningAdvisory Pre PnheXation Agree
Coirjmission of r 4/20; ment with James P.
i Zoning Advisory Com- Kemp and 'Kathyi J:
mission;of-5/4 Zonrrlg Kemp Upon motion the
;,.Board,of,Adjus tr,'66 of documents„were re-
4/28 Proof of.Ptibhca ceived and filed and
jtion for:City..Council Resolution No. 185-16
'';Proceedi.ngs of ',4%18; Approving , :a Prom
l Poof
rof Pub licatio6 for Annexation Agreement ,
List 'of Claims/Sum- between the City of; .i,
mary of Revenues for, DubugUe 'Iowa" and
I`Month Ending, "3/31x_ James P"Kemp and Ka
I Upon motion the idocu thy J.{hemp was"adopt-
ments were received ed.
and filed . 14 Mark Fondell-
t:, 2 Notice of Claims Excavating ;line vs:,
1 and Suits,-Rob Klauer/ City,of Dubuquet City
{Dubuque,"Furniture`& Attorney,sukim1 frig a
Flooring for property SOrniba y ' Judgment; I
damage Upon motionf dism ss the suit of;
ahe documehts were Mark Fondejl Enavat;
received i ijed and're ing,Inc vs.City of Du
(fey to,;tlie City'"door buque. Upon mouon.
he the;. documents were.
T.-Disposition` of red&6.d.arid'filed.
aims: City Attorney 15. Request for Re
advising'Ghat the fol lease of Funds Fiscal:
`lowmtj"a<claihis_'-fiave Ye4r2016 CDBG Annuali
i been referred to Public Action Plan - Historicr
Entity Risk Services of BlUffs Neig{tborliood'
°Eiowa,the;agentfor`the As'sociatioh=A s .cor-
Iowa CommunJtjes,,As rgcted) ar
City' , ager
surance Poo( Rob recommending appro
Mauer •for property val`of the Request for,
`•_damage;Devon Phillips Release of Funds for;
for property loss:Upon the proposed projects
1.motion the documents approved in , the;
p were received; 'filed amentl W Fiscal Year;
and concurred. 2016 (Program Yeari
4 FEMA Fire Preyen 2010 Annual Action
tion and,,Life Safety Plan for, Community.
Grant ApplicationCity Development Bloek:
Manager recomrnepd Grant3". that in;
`ing'approVal to submit` eludes an`environmen=
an application for a tai'-review-of the.His
FEMA Fire Prevention toric Bluffs Neigt. 1.
and;Life_-Safety,Grant hood Association`s-:
Upon rhotiOn,the docu corilmunity` garden
ments Were reeeived, project Upon motion:
filed and approved, the documents Were
5 Quarterly.Invest received-and filed and
ment lReport.Cify Man Resolution`No 186=16
ager:.transmitting the AiJthonzing request for
March.31, 2016 Quar release of:Community
terly Investment; Re; DeOlopmgnt Block
port. Upon motion the Grant Funds for Fiscal
kdocuments were -re- Year 2016 (Program
ceived and filetl. Year 201() was adopt
6 Civil Service Com ed
missioi.` Certified 16 National Recrea
Lists Civil Service � tion and Park Associa
Commission sublfiif tion Creat Urban Parks
ting°the certified lists Camila( n Grapt Apl
pi
fori,the positions o{ • catio�Gq�1C ty Manager
thonfine.com•Tele raft Her
Avenue. Upon motion tractor). Applicant: ty located at 800 'and Public Library' Maker, sistance on behalf'of 'the City the ability to
-
I'
the documents:- were.,`Mark Gudenkauf, 1251 804;Rhornberg Avenue Space Project:Proof of Rite Hite/AB(MC)2.Se seethe fine within the
received,filed and ap- :Deer Creek Ridge from R 1 Single Family publication on .'.notice conded by Connors. •simple misdemeanor
Depreciation.and Im- proved. (Qualifies for Residen- Residential 'and"-C=1r of public hearing to Motion carried 7-0., range. Motion`by Coni
provement ,Fund to 28. Alcohol''L"icense :tial Contractor).Motion Neighborhood Com consider a1111pproval of ? 4: North Grandview norsto receive and file
construct a=patio and Applications City Man- 'by Lynch :to, appoint .;mercial District,to C 24 plans;.; specifications, Avenue, Delhi Street the documents and
pergola in the-ar,.ea be ager recommending ,Mr.,Gud I kauf"to a 3 Neighborhgo`d Shop"" form of'contraet and and Grace Street .that, the requirement.
tween.the Hilton.Gar- approval. oft r annual ;?year,.term Seconded„ ping; Center•District:; .estimated cost for the .;Roundabout Project that a,proposed ordi
tlen:'innand Houlihan's
beer;..`,liquor;and wine by Connors .Motion ,.Seconded•by(•Connors.: t,Garnegie Stout :;Public AwardC'ity Manager ' nance "be considered
Restaurant to meet-'re licenses as;submitted ;carried 7-0 Motioncarried 7 0 Library; Maker Space ;recommentling award and voted on for pas
wired. Hilton,,,`stand- Upon°motion the docu PI�BL'IC,HEARIN6S '. 1,Request to AmendDorProject:.and,fithe •City of the ,constructien sage at'two<', h:'l
ci
qer, recommend „ P
ards.�'Upon.motion;the p' „ •.. contract for the North meetings nor to the:.+
meats'Cwere •received U on m.P. I .,the rules ,P,U,D, ,Heston f of b6ork; Manag
documents?:;were re and,fi,ledxand, Resole ..were'suspendedaliow District:Proof;of publi- ,mg appro"vaL Motion rGrandview Avenue, meetmg;,at.which„it;,is r:
ceived filed' and a - Aion.N'o 19316Approv ,ing any`on,e preset to _cation :on notice of Eby -Lynch to,.'-. 'Delhi StreetA Grace to be passed;be sus :`.
p,
proved.. mg 'application`s''for ^.address the City own 'public_hearing"to.'con •and file-the do"Cements ;;Street, Roundabout pended'Se`condetl`^by
22. IDOT'FiveYear beer, liquor; ';and/or cil .on..-the •following .sider,"approval of�a,re-y and •adopt^,Resolution +Project to;the,l'ow:bid Lynch. Motion carried
Agreement-for Mainte- wine 'permits, 'as re <items quest by Keith Gutierr No.19616 Approval of der Portzen"Construc 7-0.
nance Arid_Repair of,, quired_by City of Dubu- " 1 RequesttorRezone , rez:.to amend the His-+ ^.plans;.,,+specifications tion Inc"`Motion `'by Motion by Connors for
Primary Roads in Mu- 'que,Code of Ordinan= 'End :of ;Wolff Road: toric 'Millwork District." .form of contract and ;Lynch to':•receive.and final consideration and
nicipalities: :City Man- ces Title. 4 Business '.Proof of publication on •PlannedUnit Develop ,estimated cost°for the -:file the documents and passage" of.i0rdinance
ager recommending and :License Regula- notice•_of°;public hear- .ment:,(PUD) to ,allow; Carnegie Stout ;Public `adopt,"Resolution No. No.`18'1&,:Amending
approval and endorse- tions,Chapter,2,Liquor 'ing'to consider are= " microbrewery, winery,. :'Library's (GSPL) Mak-' 1,198 16 Awarding Public City of 0L'c ue Code
ment-of the Five-Year Control,,Art icle){B Liq- :quest by'Steve,�Smith'� and distillery as"•per; .er Space Project Sec dmprouerrient Contract of-•Ordinances'Title 7,
Agreementfor'Marnte- uor, Beer and Wine'Li= to rezone: property at mated.
uses and'the; onded;by Connors Re „for the-North Grand; Police, Fire,and'•Public'i,
nance and Repair,of ceases ands -Permits the end of Wolff:Road^;tiZoning`Aau'y Com-, sponding to;questions xMew-Avenue and Delhi Safety,,Chapter 5 Of
Primary Roads in,Mu- was adopted. (Parcel ID# mission-recornmdadind from,•fhe City wCouncil Street,Roundabout in fenses Article A Gen
ni.cipalities between ITEMS,SET FOR 10203760.04) from CSc approval. City Manager,.Uan Mil wtersection Improve era) Offenses; Section,.,;
the Towa _Departure h „ p 'ment Pr A 9 Public•°Urination;t
nt PUBLIC HEARING Commercial Service &:. .:,;Restated motion by. h9enpstated that roj oject Sec 7=5
of:,Transportation and Motion by Lynch to- Wholesale with:-condi- Connors to receive and ,ect- expenses, are ex <;onded.kiy°Rios"Motion or�;Defecation to re='.;
,the!.City of Dubuque§ recei ,and file the ;aeons to LI Light Indus file tfie documents and; ,`pected to.be pa d.from carried 7-0. move the scheduled'
-Upon ,documents,.adopt the: trial District and ?the refer the proposetl'or= "grants. and donation's '•'=5.Dubuque_Industrial fine. Seconded by
tions:•- 'set the Zonrng,Advisory C'om ;dinance;,back tot-the, ,to theLibrary;,vyith no ;Center South Verena "Lynch Motion carried
merits
were received;' resole "
filed and approved. public heanngs'as indi- emission recommending zoning:,mvisory Com cost to t,e City Motion �CourtP,roject;Award 7 0,
23.Southwest Arterial rated and direct the ;approval.,;with condi ",mission,to reconsider.'carried 7 0 City Manager recom 9:2016 Arton the Riv
.Property":A'cquisitions City„ , 3het er5eafure. Temporary,
p rtY
e Clas prescnb drbh mors t Nrece ve and file "nclude"conditional nditions such -Upon
e nstatede lim t �;onstruct onarcontract Loan of 'C,ontinuum
City Manager recom rioter p Y ,; "
mending approval of law: Seconded by the documents and as-noise andodor.and ing.discussion. I'lto the :for the Dubuque Indus City.Manager recom-,
resolutions; accepting Resnick. Motion car- ',that the:"requirement for'staff,to expedite CityAo ®N ITEMS VerenaCoter South; mending approval-„to`,
Grants .of ,Easements ried•7-0 that a nance be posed-considered onded bytlkynch Mo "r1.Public Input, urtProjeetto use the :Continuum,
and Deeds to three 1.Rite Hite/AB(MC)2 at City •the low bidder Drew one'-of the•Citys first-
properties acquired for Expansion`' Develop- and voted.on'fo'r spas- tion carried 6 1 witfr "Council Meetings (2nd .,Cookand Sons I Exca, E public artacquisitions, '
the Southwest Arterial ment rAgreement: City :sage at.
two, Council Rios voting nay Reading) City Attorney ,eaten"g.Motion by Lynch --asa featured work••at
Project owned by Bob Manager recommend- meetings`prior.to the Assistant:City Attor submitting a-proposed ao receive and file{the ;this,j years Aft`on the-
Project
Broughton' : Invest ing that a public,hear- `meeting at.whiph.-it is Bey Cr6nna BrumW,el ordinance con'ee-h' ' '^,document's, and adopt River exhibit: Motion
ments,- Inc:; Arthofer`'ing 4e'set;for June 6, ;to be passed be:~sus ``provided an: explana the`pl'acement�b Pub %Resolution No 199=16 by=.Lynch .Yo receive
Properties, -LLC; .Link 2016;;on;the, proposal ;i:pended.:Seconded by tion of simple and su- he Input on the;Council ;;Awarding,,.;Public _m- and,file the•docurnents
P
Properties,::',LLC; anis to enter into,a pevelop Lynch.' Planning Serv-` per,majoritY`,votes for `agenda: Motion by proveinent,Contract:for and; approve,the rec
Menard, Inc.;Upon mo- menf,Agreement with -ices,: Manager•' Laura .the:, City. .Council;+^as,.;Connors to: consider the Verena-Court Proa- ommendation Second
tion .the :'documents Rite Hite/AB(MC)2,for Carstens provided a they pertain'to.action the second reading of a ect"Secondetl by Rios ed.by.Connors Motion;
were received and filed; their expansion project staff. report . Motion on.`:this"item:'P,lanning ` proposed ordinance Motion earned 7 0.:^ earned 7 0.
And Resolution No.189.- at ..4343 Chavenelle carried 7-.0. Services Manager .amending City of Du-' 6 English Ridge,Sub 1Q,°.;Greater Dubuque'
16 Accepting'a Grant'of , Road.'Upon motion the Motion by Connors for Laera Carstens'provid>id-_,, Code"of Ordi dvision''No T Final' Development'-Corpora
-
d
Construc- documents were re final consideration`�and., ed a.staff'report and trances Title 1 Adminis- "Plat City Manage rec tion ;`Board-Member
tion Easement for'the• ceived: and filed and ipassage of Ordinance acknowledged'receipt. tration,Chapter'6`May ommending "approval ship: Correspondence'
Southwest Arterial Pro- Resolution No., 194 16'^`No:15-16 Ti, of- correspondence ,or.and,City Council,Ar of the final plat of Eng- firom 'Rick, Dickinson,
ject from.Bob„Brough- .Fixing,the_date fora 'tle 16 of the Cityof Du-, from Gronen DeJelop= ticle:A,Rules and Pro- 'lish Ridge Subdivision President `& CEO for
ton lnvestments Inc; 'public hearing:-of the :;buque Code. 'of ,ordi- :merit.• John Gronen; cedure;-Sections•`1 6A-, ',No.7 and states that it Greater Dubuque De-
Arthofer. ...4Properties; City Council ofFthe City ;trances, Unified Devel- president of Gronen
11 Order of Business :.rs.in,compliance.witb,_ uelopment ,a Corpora
LLC, and,Link Proper of Dubuque `Iowa on +:opment Code, `- by Development 00 Jack-,,, and'AgendA.'and 1-6A- `the City',,of Dubuque . tion,requesting confer
=ties LLC;;=:Resolution the execution.of,a De- ^reclassifying., herein-, ,son Street, and arch!- 14.Rights of,Public by ;Unified. :Development mation of the Mayor's
No.190-16 k'ccepting;a velopment,Agreement 'after described proper-- tect Jeff Morton stated�''klarifying the pules re- .Code.Motion by Lynch .•appointment and two;
Grant .of ;Temporary :with Hite/AB(MC)2 .-ty;locate&atthe.end of=-.that: while they.were lating;!to communica ''to receive and file the City Council.-represen .
Construction propose, d issu- ;Wolff Ro t the pro= tions;to the'City Coun- 'documents and adopt .tati:yes to .Elie GDDC;;;
Ease and,the ' ad from CSc excited"abou
ments for,'the South= ance of Urban;Renewal :Commercial S•ervice,•.,posed business,:they ,.ci'and:the Public riput Resolution No. 200-116 Board of Directors for
west Arterial Project Tax Increment; Reve "and.Wholesale District had concerns with Agenda. Seconded by Authorizing approval of. the terms'of Council.
fromMenard'IK..ReS- nue";Obligations and .with`.donditions. to LI •.noise, odor,'antl delle- ,Resnick. Motion `car- the.Final.Plat-of English MembersConnors.and; :
oIbtion_I e
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: May 25, 2016, and for which the charge is $382.28.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this aao day of /� , 20 LG
otary Public in and for Dubuque County, Iowa.
NARY K, W1STERMEYER
{ Rfrimi plot Number 154885
FF.B, 1, 2017
erald • Wednesday, May 25, 2016 7C
St. Mark Youth Enrich- Certified Local Govern -
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
May 16, 2016 in the His-
toric Federal Building,
350 W. 6th Street.
Present: Mayor Buol;
Council Members Con-
nors, Del Toro, Jones
(via phone), Lynch,
Resnick, Rios; City
IAnnnnor \Inn nnillinon
ment, 1201 Locust
Street.
CONSENT ITEMS
The City Clerk an-
nounced a correction
to #15 Request for Re-
lease of Funds - Fiscal
Year 2016 CDBG Annual
Action Plan to reflect
the change of name to
Historic Bluffs Neigh-
borhood Association.
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated in-
cluding the correction
to #15. Seconded by
Connors. Motion car-
ried 7-0.
1. Minutes and Re-
ports Submitted: City
Council Proceedings of
5/2, 5/9; Civil Service
Commission of 4/26;
Historic Preservation
Commission of 4/21;
Investment Oversight
Advisory Commission
of 4/27; Library Board
of Trustees Council Up-
date 4/28; Long Range
Planning Advisory
Commission of 4/20;
Zoning Advisory Com-
mission of 5/4; Zoning
Board of Adjustment of
4/28; Proof of Publica-
tion for City Council
Proceedings of 4/18;
Proof of Publication for
List of Claims/Sum-
mary of Revenues for
Month Ending 3/31.
Upon motion the docu-
ments were received
and filed.
2. Notice of Claims
and Suits: Rob Klauer /
Dubuque Furniture &
Flooring for property
damage. Upon motion
the documents were
received, filed and re-
fer to the City Attor-
ney.
3. Disposition of
Claims: City Attorney
advising that the fol-
lowing claims have
been referred to Public
Entity Risk Services of
Iowa, the agent for the
Iowa Communities As-
surance Pool: Rob
Klauer for property
damage; Devon Phillips
for property loss. Upon
motion the documents
were received, filed
and concurred.
4. FEMA Fire Preven-
tion and Life Safety
Grant Application: City
Manager, recommend-
ing approval to submit
an application for a
FEMA Fire Prevention
and Life Safety Grant.
Upon motion the docu-
ments were received,
filed and approved.
5. Quarterly Invest-
ment Report: City Man-
ager transmitting the
March 31, 2016 Quar-
terly Investment Re-
port. Upon motion the
documents were re-
ceived and filed.
6. Civil Service Com-
mission - Certified
Lists: Civil Service
Commission submit-
ting the certified lists
for the positions of
Sewer Maintenance
Foreman, Foreman,
Public Safety Dispatch-
er and Inspector II.
Upon motion the docu-
ments were received,
filed and make a Mat-
ter of Record.
7. Riley Auto Sales Co.
- Acceptance of Water
Main Improvements:
City Manager recom-
mending acceptance of
the water main public
improvements that the
owner, Riley Auto Sales
Co., has recently com-
pleted adjacent to the
south side of their
property at 4455 Dodge
Street. Upon motion
the documents were
received and filed and
Resolution No. 181-16
Accepting water main
improvements in the
Dodge Street (US High-
way 20) Right -of -Way
in the City of Dubuque,
Iowa was adopted.
8. Timber-Hyrst Sani-
tary Creek Crossings
Project Award: City
Manager recommend-
ing that the award for
the Timber-Hyrst Es-
tates #4 North and
South Line Creek
Crossings Project be
officially recorded in
the minutes of the City
Council. Upon motion
the documents were
received, filed and
made a Matter of Re-
cord
9. Rustic Point
Estates -Preliminary
Plat: Zoning Advisory
Commission recom-
mending approval of
the Preliminary Plat of
Rustic Point Estates,
12568 Kennedy Road.
Upon motion the docu-
ments were received,
filed and approved.
10. Table Mound Mo-
bile Home Park - Plat of
Survey: Zoning Adviso-
ry Commission recom-
mending approval of
the Plat of Survey of
Table Mound Mobile
Home Park on Key
West Drive subject to
waiving the lot front-
age requirement for
Lot 2. Upon motion the
documents were re-
ceived and filed and
Resolution No. 182-16
ment (CLG) Grant
Amendment: City Man-
ager recommending
approval of an amend-
ment to Certified Local
Government (CLG)
Grant No. 2015-03 with
the State Historic Pres-
ervation Office for Ea-
gle Point Park that re-
moves the requirement
to complete the second
part of the project, the
National Register of
Historic Places nomi-
nation, as part of the
grant contract. Upon
motion the documents
were received and filed
and Resolution No. 184-
16 Authorizing amend-
ment to CLG Grant -in -
Aid -Agreement with
State Historical Society
of Iowa to remove Na-
tional Register of His-
toric Places Nomina-
tion for Eagle Point
Park was adopted.
13. Pre -Annexation
Agreement - Kemp:
City Manager recom-
mending approval of a
Pre -Annexation Agree-
ment with James P.
Kemp and Kathy J.
Kemp. Upon motion the
documents were re-
ceived and filed and
Resolution No. 185-16
Approving a Pre -
Annexation Agreement
between the City of
Dubuque, Iowa and
James P. Kemp and Ka-
thy J. Kemp was adopt-
ed.
14. Mark Fondell
Excavating, Inc. vs.
City of Dubuque: City
Attorney submitting a
Summary Judgment
dismissing the suit of
Mark Fondell Excavat-
ing, Inc. vs. City of Du-
buque. Upon motion
the documents were
received and filed.
15. Request for Re-
lease of Funds - Fiscal
Year 2016 CDBG Annual
Action Plan - Historic
Bluffs Neighborhood
Association (As cor-
rected): City Manager
recommending appro-
val of the Request for
Release of Funds for
the proposed projects
approved in the
amended Fiscal Year
2016 (Program Year
2015) Annual Action
Plan . for Community
Development Block
Grant activities that in-
cludes an environmen-
tal review of the His-
toric Bluffs Neighbor-
hood Association's
community garden
project. Upon motion
the documents were
received and filed and
Resolution No. 186-16
Authorizing request for
release of Community
Development Block
Grant Funds for Fiscal
Year 2016 (Program
Year 2017) was adopt-
ed.
16. National Recrea-
tion and Park Associa-
tion Great Urban Parks
Campaign Grant Appli-
cation: City Manager
transmitting the Na-
tional Recreation and
Park Association Great
Urban Parks Campaign
Grant that was submit-
ted on behalf of the
City of Dubuque for
components to be de-
vel,oped in the Lower
Bee -Branch. Upon mo-
tion the documents
were received and
filed.
17. Ham House Ma-
sonry Rehabilitation
Project - Architec-
tural/Engineering Serv-
ices: City Manager rec-
ommending approval
to enter into a contract
with Selser Schaefer
Architects to conduct
consultant services for
the Ham House Mason-
ry Rehabilitation Proj-
ect. Upon motion the
documents were re-
ceived, filed and ap-
proved.
18. Five Flags Theater
Masonry Rehabilitation
and Fire Escape -
Architectural/Engineer
ing Services: City Man-
ager recommending
approval to enter into a
contract with Selser
Schaefer Architects to
conduct consultant
services for the Five
Flags Theater Masonry
Rehabilitation and Fire
Escape Project. Upon
motion the documents
were received, filed
and approved.
19. Public Housing
Agency (PHA) Annual
Plan: City Manager rec-
ommending .approval
to resubmit the Annual
Public Housing Agency
(PHA) Plan, along with
the Certification for
Consistency with the
Consolidated Plan.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 187-16 Author-
izing the Mayor to exe-
cute the Certification
by State or Local Offi-
cial of PHA Plans, Con-
sistency with the Con-
solidated Plan and ap-
proval of the PHA An-
nual Plan was adopted.
20. Acceptance of
Deed and Assignment
of Lease for 2239 Uni-
versity - Fahey Family
Legal Notices
Depreciation and Im-
provement Fund to
construct a patio and
pergola in the area be-
tween the Hilton Gar-
den Inn and Houlihan's
Restaurant to meet re-
quired Hilton stand-
ards. Upon motion the
documents were re-
ceived, filed and ap-
proved.
22. IDOT Five -Year
Agreement for Mainte-
nance and Repair of
Primary Roads in Mu-
nicipalities: City Man-
ager recommending
approval and endorse-
ment of the Five -Year
Agreement for Mainte-
nance and Repair of
Primary Roads in Mu-
nicipalities between
the Iowa Department
of Transportation and
the City of Dubuque.
Upon motion the docu-
ments were received,
filed and approved.
23. Southwest Arterial
Property Acquisitions:
City Manager recom-
mending approval of
resolutions accepting
Grants of Easements
and Deeds to three
properties acquired for
the Southwest Arterial
Project owned by Bob
Broughton Invest-
ments, Inc.; Arthofer
Properties, LLC; Link
Properties, LLC; and
Menard, Inc. Upon mo-
tion the documents
were received and filed
and Resolution No. 189-
16 Accepting a Grant of
Temporary Construc-
tion Easement for the
Southwest Arterial Pro-
ject from Bob Brough-
ton Investments, Inc.,
Arthofer Properties,
LLC, and Link Proper-
ties, LLC; Resolution
No. 190-16 Accepting a
Grant of Temporary
Construction Ease-
ments for the South-
west Arterial Project
From Menard Inc.; Res-
olution No. 191-16 Ac-
cepting a Grant of
Temporary Construc-
tion Easement for the
Southwest Arterial Pro -
Avenue. Upon motion
the documents were
received, filed and ap-
proved.
28. Alcohol License
Applications: City Man-
ager recommending
approval of annual
beer, liquor and wine
licenses as submitted.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 193-16 Approv-
ing applications for
beer, liquor, and/or
wine permits, as re-
quired by City of Dubu-
que Code of Ordinan-
ces Title 4 Business
and License Regula-
tions, Chapter 2 Liquor
Control, Article B Liq-
uor, Beer and Wine Li-
censes 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 indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Resnick. Motion car-
ried 7-0.
1. Rite Hite/AB(MC)2
Expansion Develop-
ment Agreement: City
Manager recommend-
ing that a public hear-
ing be set for June 6,
2016, on the proposal
to enter into a Develop-
ment Agreement with
Rite Hite/AB(MC)2 for
their expansion project
at 4343 Chavenelle
Road. Upon motion the
documents were re-
ceived and filed and
Resolution No. 194-16
Fixing the date for a
public hearing of the
City Council of the City
of Dubuque, Iowa on
the execution of a De-
velopment Agreement
with Rite Hite/AB(MC)2
and the proposed issu-
ance of Urban Renewal
Tax Increment Reve-
nue Obligations and
providing for the publi-
cation of notice thereof
was adopted setting a
public hearing for a
meeting to commence
tractor). Applicant:
Mark Gudenkauf, 1251
Deer Creek Ridge
(Qualifies for Residen-
tial Contractor). Motion
by Lynch to appoint
Mr. Gudenkauf to a 3-
' year term. Seconded
by Connors. Motion
carried 7-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil on the following
items.
1. Request to Rezone -
End of Wolff Road:
Proof of publication on
notice of public hear-
ing to consider a re-
quest by Steve Smith
to rezone property at
the end of Wolff Road
(Parcel ID#
1020376004) from CSc
Commercial Service &
Wholesale with condi-
tions to LI Light Indus-
trial District and the
Zoning Advisory Com-
mission recommending
approval with condi-
tions. Motion by Con-
nors to receive and file
the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Lynch. Planning Serv-
ices Manager Laura
Carstens provided a
staff report. Motion
carried 7-0.
Motion by Connors for
final consideration and
passage of Ordinance
No.15-16 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at the end of
Wolff Road from CSc
Commercial Service
and Wholesale District
with conditions to LI
Light Industrial District
with conditions as es-
tablished in the attach-
ed Memorandum of
Agreement. seconded
ty located at 800 and
804 Rhomberg Avenue
from R-1 Single -Family
Residential and C-1
Neighborhood Com-
mercial District to C-2
Neighborhood Shop-
ping Center District.
Seconded by Connors.
Motion carried 7-0.
3. Request to Amend
PUD - Historic Millwork
District: Proof of publi-
cation on notice of
public hearing to con-
sider approval of a re-
quest by Keith Gutier-
rez to amend the His-
toric Millwork District
Planned Unit Develop-
ment (PUD) to allow
microbrewery, winery
and distillery as per-
mitted uses and the
Zoning Advisory Com-
mission recommending
approval.
Restated motion by
Connors to receive and
file the documents and
refer the proposed or-
dinance back to the
Zoning Advisory Com-
mission to reconsider
as "conditional use" to
include conditions such
as noise and odor and
for staff to expedite
the amendment. Sec-
onded by Lynch. Mo-
tion carried 6-1 with
Rios voting nay.
Assistant City Attor-
ney Crenna Brumwell
provided an explana-
tion of simple and su-
per majority votes for
the City Council as
they pertain to .action
on this item. Planning
Services Manager
Laura Carstens provid-
ed a staff report and
acknowledged receipt
of correspondence
from Gronen Develop-
ment. John Gronen,
president of Gronen
Development, 900 Jack-
son Street, and archi-
tect Jeff Morton stated
that while they were
excited about the pro-
posed business, they
had concerns with
noise, odor and deliv-
ery traffic associated
with microbreweries
that may impact adja-
cent properties and de-
vPlnnment Mr r;rnnan
Public Library Maker
Space Project: Proof of
publication on notice
of public hearing to
consider approval of
plans, specifications,
form of contract and
estimated cost for the
Carnegie -Stout Public
Library Maker Space
Project and the City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 196-16 Approval of
plans, specifications,
form of contract, and
estimated cost for the
Carnegie -Stout Public
Library's (C-SPL) Mak-
er Space Project. Sec-
onded by Connors. Re-
sponding to questions
from the City Council,
City Manager Van Mil-
ligen stated that proj-
ect expenses are ex-
pected to be paid from
grants and donations
to the Library with no
cost to the City. Motion
carried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
1. Public Input at City
Council Meetings (2nd
Reading): City Attorney
submitting a proposed
ordinance concerning
the placement of Pub-
lic Input on the Council
agenda. Motion by
Connors to consider
the second reading of a
proposed ordinance
amending City of Du-
buque Code of Ordi-
nances Title 1 Adminis-
tration, Chapter 6 May-
or and City Council, Ar-
ticle A Rules and Pro-
cedure, Sections 1-6A-
11 Order of Business
and Agenda and 1-6A-
14 Rights of Public by
clarifying the rules re-
lating to communica-
tions to the City Coun-
cil and the Public Input
Agenda. Seconded by
Resnick. Motion car-
ried 7-0.
2. Start Time for City
Council Meetings (2nd
Reading): City Attorney
thonline.com • Te
sistance on behalf of the City tl
Rite Hite/AB(MC)2. Se- set the fin
conded by Connors. simple
Motion carried 7-0. range. Mot
4. North Grandview nors to rec
Avenue, Delhi Street the docu
and Grace Street that the
Roundabout Project that a pr
Award: City Manager nance be
recommending award and voted
of the construction sage at 1
contract for the North meetings 1
Grandview Avenue, meeting at
Delhi Street and Grace to be pas
Street Roundabout pended. S
Project to the low bid- Lynch. Mc
der Portzen Construc- 7-0.
tion, Inc. Motion by Motion by
Lynch to receive and final consic
file the documents and passage c
adopt Resolution No. No. 18-16
,198-16 Awarding Public City of Dul
Improvement Contract of Ordinal
for the North Grand- Police, Fire
view Avenue and Delhi Safety, CI -
Street Roundabout In- fenses, Art
tersection Improve- eral Offens
ment Project. Sec- 7-5A-9 Put l
onded by Rios. Motion or' Defecat
carried 7-0. move the
5. Dubuque Industrial fine. Sec
Center South - Verena Lynch. Mot
Court Project Award: 7-0.
City Manager recom- 9. 2016 Art
mending ayvard of the er Feature
construction contract Loan of "1
for the Dubuque Indus- City Mana
trial Center South - mending a
Verena Court Project to use the " 1
the low bidder Drew one of the
Cook and Sons Exca- public art a
vating. Motion by Lynch as a featur
to receive and file the this year's
documents and adopt River exhil
Resolution No. 199-16 by Lynch
Awarding Public Im- and file the
provement Contract for and approv
the Verena Court Proj- ommendatic
ect. Seconded by Rios. ed by Conn
Motion carried 7-0. carried 7-0.
6. English Ridge Sub- 10. Great(
division No. 7 - Final Developmer
Plat: City Manager rec- tion - Boar.
ommending approval ship: Corr(
of the final plat of Eng- from Rick
lish Ridge Subdivision President 1
No. 7 and states that it Greater Du
is in compliance with . velopment
the City of Dubuque tion, reques
Unified Development mation of tl
Code. Motion by Lynch appointment
to receive and file the City Council
documents and adopt tatives to .
Resolution No. 200-16 Board of D
Authorizing approval of the terms
the Final Plat of English Members C
Ridge Subdivision No. 7 Lynch that E
in the City of Dubuque, 30, 2017. I
Iowa. Seconded by Rios. Lynch to re
Motion carried 7-0. file the docu
cnhmiffinn o nrnnncnrl 7
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
May 16, 2016 in the His-
toric Federal Building,
350 W. 6th Street.
Present: Mayor Buol;
Council Members Con-
nors, Del Toro, Jones
(via phone), Lynch,
Resnick, Rios; City
Manager Van Milligen,
Assistant City Attorney
Brumwell
Mayor Buol read the
call and stated this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the City
Council.
PLEDGE OF
ALLEGIANCE
PROCLAMATION(S)
Bike to Work Week
(May 16-20, 2016) was
accepted by Dave Har-
tig of the Bike Coop,
2206 Central Avenue;
DuRide in Service to
Older Americans
Month (May 2016) was
accepted by Greg
Orwoll, Executive Di-
rector of DuRide, 2728
Asbury Road;
Apples for Students
Months (June/July
2016) was accepted by
Beth McGorry, Out-
reach Coordinator for
port. Upon motion the
documents were re-
ceived and filed.
6. Civil Service Com-
mission - Certified
Lists: Civil Service
Commission submit-
ting the certified lists
for the positions of
Sewer Maintenance
Foreman, Foreman,
Public Safety Dispatch-
er and Inspector II.
Upon motion the docu-
ments were received,
filed and make a Mat-
ter of Record.
7. Riley Auto Sales Co.
- Acceptance of Water
Main Improvements:
City Manager recom-
mending acceptance of
the water main public
improvements that the
owner, Riley Auto Sales
Co., has recently com-
pleted adjacent to the
south side of their
property at 4455 Dodge
Street. Upon motion
the documents were
received and filed and
Resolution No. 181-16
Accepting water main
improvements in the
Dodge Street (US High-
way 20) Right -of -Way
in the City of Dubuque,
Iowa was adopted.
8. Timber-Hyrst Sani-
tary Creek Crossings
Project Award: City
Manager recommend-
ing that the award for
the Timber-Hyrst Es-
tates #4 North and
South Line Creek
Crossings Project be
officially recorded in
the minutes of the City
Council. Upon motion
the documents were
received, filed and
made a Matter of Re-
cord
9. Rustic Point
Estates -Preliminary
Plat: Zoning Advisory
Commission recom-
mending approval of
the Preliminary Plat of
Rustic Point Estates,
12568 Kennedy Road.
Upon motion the docu-
ments were received,
filed and approved.
10. Table Mound Mo-
bile Home Park - Plat of
Survey: Zoning Adviso-
ry Commission recom-
mending approval of
the Plat of Survey of
Table Mound Mobile
Home Park on Key
West Drive subject to
waiving the lot front-
age requirement for
Lot 2. Upon motion the
documents were re-
ceived and filed and
Resolution No. 182-16
Approving the Plat of
Survey Table Mound
Mobile Home Park in
the City of Dubuque,
Iowa was adopted.
11. Plat of Survey -
Tiefenthaler 2nd Place:
City Manager recom-
mending approval of
the Plat of Survey of
Lots 1 and 2 of
Tiefenthaler 2nd Place,
in the City of Dubuque,
Iowa (North Grandview
Avenue and University
Avenue). Upon motion
the documents were
received and filed and
Resolution No. 183-16
Approving Plat of pro-
posed vacated right of
way of North Grand-
view Avenue South of
University Avenue, be-
ing part of Lots 1 and 2
of the Subdivision of
Lot 12 of Mineral Lot
172, in the City of Du-
buque, Iowa was
adopted.
12. Eagle Point Park -
Grant Funds for Fiscal
Year 2016 (Program
Year 2017) was adopt-
ed.
16. National Recrea-
tion and Park Associa-
tion Great Urban Parks
Campaign Grant Appli-
cation: City Manager
transmitting the Na-
tional Recreation and
Park Association Great
Urban Parks Campaign
Grant that was submit-
ted on behalf of the
City of Dubuque for
components to be de-
veloped in the Lower
Bee -Branch. Upon mo-
tion the documents
were received and
filed.
17. Ham House Ma-
sonry Rehabilitation
Project - Architec-
tural/Engineering Serv-
ices: City Manager rec-
ommending approval
to enter into a contract
with Selser Schaefer
Architects to conduct
consultant services for
the Ham House Mason-
ry Rehabilitation Proj-
ect. Upon motion the
documents were re-
ceived, filed and ap-
proved.
18. Five Flags Theater
Masonry Rehabilitation
and Fire Escape -
Architectural/Engineer
ing Services: City Man-
ager recommending
approval to enter into a
contract with Selser
Schaefer Architects to
conduct consultant
services for the Five
Flags Theater Masonry
Rehabilitation and Fire
Escape Project. Upon
motion the documents
were received, filed
and approved.
19. Public Housing
Agency (PHA) Annual
Plan: City Manager rec-
ommending approval
to resubmit the Annual
Public Housing Agency
(PHA) Plan, along with
the Certification for
Consistency with the
Consolidated Plan.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 187-16 Author-
izing the Mayor to exe-
cute the Certification
by State or Local Offi-
cial of PHA Plans, Con-
sistency with the Con-
solidated Plan and ap-
proval of the PHA An-
nual Plan was adopted.
20. Acceptance of
Deed and Assignment
of Lease for 2239 Uni-
versity - Fahey Family
Limited Partnership /
Rainbo oil: City Manag-
er acceptance of the
deed for the property
at 2239 University Ave-
nue from the Fahey
Family Limited Partner-
ship and acceptance of
a month -to -month
lease for the Dog
House parking lot.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 188-16 Accept-
ing the Deed to certain
real estate in the City
of Dubuque, Iowa and
an Assignment of
Lease from Fahey Fam-
ily Limited Partnership
was adopted.
21. Mystique Casino
Request to Construct
Outside Patio and Per-
gola: City Manager rec-
ommending approval
of a request from Mys-
tique Casino to spend
funds from the Dubu-
que Racing Association
Legal Notices
Depreciation and Im-
provement Fund to
construct a patio and
pergola in the area be-
tween the Hilton Gar-
den Inn and Houlihan's
Restaurant to meet re-
quired Hilton stand-
ards. Upon motion the
documents were re-
ceived, filed and ap-
proved.
22. IDOT Five -Year
Agreement for Mainte-
nance and Repair of
Primary Roads in Mu-
nicipalities: City Man-
ager recommending
approval and endorse-
ment of the Five -Year
Agreement for Mainte-
nance and Repair of
Primary Roads in Mu-
nicipalities between
the Iowa Department
of Transportation and
the City of Dubuque.
Upon motion the docu-
ments were received,
filed and approved.
23. Southwest Arterial
Property Acquisitions:
City Manager recom-
mending approval of
resolutions accepting
Grants of Easements
and Deeds to three
properties acquired for
the Southwest Arterial
Project owned by Bob
Broughton Invest-
ments, Inc.; Arthofer
Properties, LLC; Link
Properties, LLC; and
Menard, Inc. Upon mo-
tion the documents
were received and filed
and Resolution No. 189-
16 Accepting a Grant of
Temporary Construc-
tion Easement for the
Southwest Arterial Pro-
ject from Bob Brough-
ton Investments, Inc.,
Arthofer Properties,
LLC, and Link Proper-
ties, LLC; Resolution
No. 190-16 Accepting a
Grant of Temporary
Construction Ease-
ments for the South-
west Arterial Project
From Menard Inc.; Res-
olution No. 191-16 Ac-
cepting a Grant of
Temporary Construc-
tion Easement for the
Southwest Arterial Pro-
ject from Bob Brough-
ton Investments, Inc.
;Resolution No. 192-16
Accepting a Deed for
the Southwest Arterial
Project from Bob
Broughton Invest-
ments, Inc., were
adopted.
24. Signed Contracts:
Colleen Lindstrom
d/b/a Dubuque by Car-
riage Eleventh Amend-
ment to Lease Agree-
ment Upon motion the
documents were re-
ceived and filed.
25. Improvement Con-
tracts / Performance,
Payment and Mainte-
nance Bonds: MDE, LLC
d/b/a McDermott Ex-
cavating for the DICS
Building Pad 1 Sanitary
Sewer Extension. Upon
motion the documents
were received, filed
and approved.
26. Alcohol Compli-
ance Civil Penalty for
Alcohol License Holder
- Carlos O'Kelly's Mexi-
can Cafe: City Manager
recommending appro-
val of the Acknowledg-
ment/Settlement
Agreement for an alco-
hol compliance viola-
tion for Carlos O'Kelly's
Mexican Cafe, 1355 As-
sociates Drive. Upon
motion the documents
were received, filed
and approved.
27. Tobacco Compli-
ance Civil Penalty for
Tobacco License Hold-
er - The Altered State:
City Manager recom-
mending approval of
the Acknowledge-
ment/Settlement
Agreement for a tobac-
co compliance viola-
tion for the Altered
State, 1533 Central
Avenue. Upon motion
the documents were
received, filed and ap-
proved.
28. Alcohol License
Applications: City Man-
ager recommending
approval of annual
beer, liquor and wine
licenses as submitted.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 193-16 Approv-
ing applications for
beer, liquor, and/or
wine permits, as re-
quired by City of Dubu-
que Code of ordinan-
ces Title 4 Business
and License Regula-
tions, Chapter 2 Liquor
Control, Article B Liq-
uor, Beer and Wine Li-
censes 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 indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Resnick. Motion car-
ried 7-0.
1. Rite Hite/AB(MC)2
Expansion Develop-
ment Agreement: City
Manager recommend-
ing that a public hear-
ing be set for June 6,
2016, on the proposal
to enter into a Develop-
ment Agreement with
Rite Hite/AB(MC)2 for
their expansion project
at 4343 Chavenelle
Road. Upon motion the
documents were re-
ceived and filed and
Resolution No. 194-16
Fixing the date for a
public hearing of the
City Council of the City
of Dubuque, Iowa on
the execution of a De-
velopment Agreement
with Rite Hite/AB(MC)2
and the proposed issu-
ance of Urban Renewal
Tax Increment Reve-
nue Obligations and
providing for the publi-
cation of notice thereof
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on June 6,
2016 in the Historic
Federal Building.
2. Vacating Petition -
North Grandview Ave-
nue / University Ave-
nue Right -of -Way: City
Manager recommend-
ing that a public hear-
ing be set for June 6,
2016, on the disposition
of a portion of the
North Grandview Ave-
nue right-of-way in the
southwest corner of
North Grandview Ave-
nue and University
Avenue to Tom Tie-
fenthaler of K&T Real
Estate, LLC. Upon mo-
tion the documents
were received and filed
and Resolution No. 195-
16 Resolution of Intent
to vacate and dispose
of City Interest in a
portion of the right of
way of North Grand-
view Avenue south of
University Avenue, be-
ing part of Lots 1 and 2
of the Subdivision of
Lot 12 of Mineral Lot
172, to be known as Lot
1 of Tiefenthaler 2nd
Place, in the City of Du-
buque, Iowa by sale to
K & T Real Estate, LLC
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on June 6,
2016 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Appointment to the
following commission
was made at this meet-
ing.
1. Building Code and
Advisory Appeals
Board: One, 3-year
term through August 1,
2018 (Vacant term of
Carr - Residential Con-
tractor). Applicant:
Mark Gudenkauf, 1251
Deer Creek Ridge
(Qualifies for Residen-
tial Contractor). Motion
by Lynch to appoint
Mr. Gudenkauf to a 3-
year term. Seconded
by Connors. Motion
carried 7-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil on the following
items.
1. Request to Rezone -
End of Wolff Road:
Proof of publication on
notice of public hear-
ing to consider a re-
quest by Steve Smith
to rezone property at
the end of Wolff Road
(Parcel ID#
1020376004) from CSc
Commercial Service &
Wholesale with condi-
tions to LI Light Indus-
trial District and the
Zoning Advisory Com-
mission recommending
approval with condi-
tions. Motion by Con-
nors to receive and file
the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Lynch. Planning Serv-
ices Manager Laura
Carstens provided a
staff report. Motion
carried 7-0.
Motion by Connors for
final consideration and
passage of Ordinance
No.15-16 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at the end of
Wolff Road from CSc
Commercial Service
and Wholesale District
with conditions to LI
Light Industrial District
with conditions as es-
tablished in the attach-
ed Memorandum of
Agreement. Seconded
by Lynch. Motion car-
ried 7-0.
2. Request to Rezone -
800 and 804 Rhomberg
Avenue: Proof of publi-
cation on notice of
public hearing to con-
sider a request by Al
Uibain Construction
Management, Inc. to
rezone property at 800
& 804 Rhomberg Ave-
nue from C-1 Neighbor-
hood Commercial and
R-2A Alternate Two -
Family Residential to
C-2 Neighborhood
Shopping Center zon-
ing district and the
Zoning Advisory Com-
mission recommending
approval. Motion by
Lynch to receive and
file the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Connors. Planning Ser-
vices Manager Laura
Carstens provided a
staff report. Developer
Clark Wolff responded
to questions from the
City Council described
the project and provid-
ed information regard-
ing the process used to
inform adjacent prop-
erty owners. Motion
carried 7-0.
Motion by Lynch for
final consideration and
passage of Ordinance
No. 16-16 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 800 and
804 Rhomberg Avenue
from R-1 Single -Family
Residential and C-1
Neighborhood Com-
mercial District to C-2
Neighborhood Shop-
ping Center District.
Seconded by Connors.
Motion carried 7-0.
3. Request to Amend
PUD - Historic Millwork
District: Proof of publi-
cation on notice of
public hearing to con-
sider approval of a re-
quest by Keith Gutier-
rez to amend the His-
toric Millwork District
Planned Unit Develop-
ment (PUD) to allow
microbrewery, winery
and distillery as per-
mitted uses and the
Zoning Advisory Com-
mission recommending
approval.
Restated motion by
Connors to receive and
file the documents and
refer the proposed or-
dinance back to the
Zoning Advisory Com-
mission to reconsider
as "conditional use" to
include conditions such
as noise and odor and
for staff to expedite
the amendment. Sec-
onded by Lynch. Mo-
tion carried 6-1 with
Rios voting nay:
Assistant City Attor-
ney Crenna Brumwell
provided an explana-
tion of simple and su-
per majority votes for
the City Council as
they pertain to .action
on this item. Planning
Services Manager
Laura Carstens provid-
ed a staff report and
acknowledged receipt
of correspondence
from Gronen Develop-
ment. John Gronen,
president of Gronen
Development, 900 Jack-
son Street, and archi-
tect Jeff Morton stated
that while they were
excited about the pro-
posed business, they
had concerns with
noise, odor and deliv-
ery traffic associated
with microbreweries
that may impact adja-
cent properties and de-
velopment. Mr. Gronen
proposed replacing the
permitted use concept
with conditional use in
the amendment as it
would allow a review
process. Developer
Keith Gutierrez descri-
bed his proposal and
stated that production
at his microbrewery
would be closer to that
of a brew pub and
thereby have minimal
impact unlike other
business already on
the list of allowable
uses in the district. He
added that reconsider-
ation of the amend-
ment would cause
some delay on his proj-
ect, but that he intends
to continue as planned.
Bob Johnson, 333 E.
10th Street, stated that
he has no concerns
with Mr. Gutierrez's
project, but is con-
cerned about what fu-
ture projects may bring
to the district and sup-
ported the conditional
use concept. HMD
property owner, Tim
McNamara, 195 Brad-
ley Street, stated that
he welcomes new busi-
ness but supports the
conditional use con-
cept so each business
could be scrutinized
for potentially unhar-
monious elements.
Nancy Kann of Gronen
Development stated
that she welcomes Mr.
Gutierrez to the Histor-
ic Millwork District and
that they had dis-
cussed project devel-
opment, but were un-
able to come to an
agreement without a
business plan at the
time.
4. Carnegie -Stout
Public Library Maker
Space Project: Proof of
publication on notice
of public hearing to
consider approval of
plans, specifications,
form of contract and
estimated cost for the
Carnegie -Stout Public
Library Maker Space
Project and the City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 196-16 Approval of
plans, specifications,
form of contract, and
estimated cost for the
Carnegie -Stout Public
Library's (C-SPL) Mak-
er Space Project. Sec-
onded by Connors. Re-
sponding to questions
from the City Council,
City Manager Van Mil-
ligen stated that proj-
ect expenses are ex-
pected to be paid from
grants and donations
to the Library with no
cost to the City. Motion
carried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
1. Public Input at City
Council Meetings (2nd
Reading): City Attorney
submitting a proposed
ordinance concerning
the placement of Pub-
lic Input on the Council
agenda. Motion by
Connors to consider
the second reading of a
proposed ordinance
amending City of Du-
buque Code of Ordi-
nances Title 1 Adminis-
tration, Chapter 6 May-
or and City Council, Ar-
ticle A Rules and Pro-
cedure, Sections 1-6A-
11 Order of Business
and Agenda and 1-6A-
14 Rights of Public by
'clarifying the rules re-
lating to communica-
tions to the City Coun-
cil and the Public Input
Agenda. Seconded by
Resnick. Motion car-
ried 7-0.
2. Start Time for City
Council Meetings (2nd
Reading): City Attorney
submitting a proposed
ordinance adjusting
the start time for regu-
lar meetings. Motion
by Lynch to consider
the second reading of a
proposed ordinance
amending City of Du-
buque Code of Ordi-
nances Title 1 Adminis-
tration, Chapter 6 May-
or and City Council, Ar-
ticle A Rules and Pro-
cedure, Section 1-6A-3
Types of Meeting by
establishing the meet-
ing time for regular
City Council meetings
of 6:00 PM. Seconded
by Connors. City Coun-
cil discussed the pros
and cons of the earlier
start time. Mayor Buol
and Council Member
Resnick asked that the
third reading of the or-
dinance be scheduled
for the meeting of July
5, 2016 as they will not
be in attendance at the
June 6 and June 20
meetings respectively.
Motion carried 4-3 with
Resnick, Del Toro, and
Rios voting nay.
3. Rite Hite/AB(MC)2 -
Iowa Economic Devel-
opment Authority Ap-
plication for State As-
sistance: City Manager
recommending appro-
val of the submittal of
an Economic Develop-
ment Assistance Appli-
cation to the Iowa Eco-
nomic Development
Authority on behalf of
Rite Hite/AB(MC)2 for
their proposed expan-
sion in Dubuque. Mo-
tion by Lynch to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 197-16 Au-
thorizing the filing of
an application for State
Business Financial As-
thonline.com • Tel
sistance on behalf of the City ti
Rite Hite/AB(MC)2. Se- set the fin
conded by Connors. simple n
Motion carried 7-0. range. Mot
4. North Grandview nors to rec
Avenue, Delhi Street the docw
and Grace Street that the
Roundabout Project that a pro
Award: City Manager nance be
recommending award and voted
of the construction sage at t
contract for the North meetings 1
Grandview Avenue, meeting at
Delhi Street and Grace to be pass
Street Roundabout pended. Si
Project to the low bid- Lynch. Moi
der Porten Construc- 7-0.
tion, Inc. Motion by Motion by
Lynch to receive and final consic
file the documents and passage of
adopt Resolution No. No. 18-16
198-16 Awarding Public City of Dul
Improvement Contract of Ordinan
for the North Grand- Police, Fire
view Avenue and Delhi Safety, Ch.
Street Roundabout In- fenses, Art
tersection Improve- eral Offens
ment Project. Sec- 7-5A-9 Publ
onded by Rios. Motion or Defecat
carried 7-0. move the
5. Dubuque Industrial fine. Sec
Center South - Verena Lynch. Mot
Court Project Award: 7-0.
City Manager recom- 9. 2016 Ari
mending award of the er Feature
construction contract Loan of "C
for the Dubuque Indus- City Manal
trial Center South - mending a
Verena Court Project to use the "(
the low bidder Drew one of the
Cook and Sons Exca- public art
vating. Motion by Lynch as a featur
to receive and file the this year's
documents and adopt River exhit
Resolution No. 199-16 by Lynch
Awarding Public Im- and file the
provement Contract for and appro
the Verena Court Proj- ommendati(
ect. Seconded by Rios. ed by Conn
Motion carried 7-0. carried 7-0.
6. English Ridge Sub- 10. Great(
division No. 7 - Final Developmer
Plat: City Manager rec- tion - Boar
ommending approval ship: Corr(
of the final plat of Eng- from Rick
lish Ridge Subdivision President
No. 7 and states that it Greater Du
is in compliance with . velopment
the City of Dubuque tion, reques
Unified Development mation of I
Code. Motion by Lynch appointmer
to receive and file the City Counc
documents and adopt tatives to -
Resolution No. 200-16 Board of Di
Authorizing approval of the terms
the Final Plat of English Members C(
Ridge Subdivision No. 7 Lynch that
in the City of Dubuque, 30, 2017.
Iowa. Seconded by Rios. Lynch to r
Motion carried 7-0. file the doc
7. Code of Ordinances concur. Se(
Amendment - Title 7 Connors. M
Tobacco Products to ried 7-0.
Underage Persons: City 11. Reques
Manager recommend- Session - B
ing approval of an Creek Restoi
amendment to the City ect Walking
of Dubuque Code of Or- Manager re
dinances Section 7-5A- ing that the
15, Tobacco Products cif schedul(
to Underage Persons, Branch Cree
to mirror the Iowa tion Projec
Code, which includes Tour Work '
vapor and tobacco al- Monday, Ma
ternatives. Motion by at 5:30 p.m.
Lynch to receive and Lynch to re
file the documents and file the docw
that the requirement set the work
that a proposed ordi- recommend(
nance be considered onded by Co
and voted on for pas- tion carried
sage at two Council CLOSEDS
meetings prior to the Motion by
meeting at which it is 8:23 p.m. to
to be passed be sus- closed sess
pended. Seconded by cuss pendinc
Connors. Motion car- and propert
ried 7-0. tion pursuar
Motion by Lynch for ter 21.5(1)(c)
final consideration and of Iowa. Se(
passage of Ordinance Rios. Mayor
No. 17-16 Amending ed for the
City of Dubuque Code the attorney'
of Ordinances Title 7 consult with
Police, Fire and Public Council on is
Safety, Chapter 5 Of- discussed i
fenses, Article A Gen- session am
eral Offenses, Section Brumwell an
7-5A-15 Tobacco Prod- Quann. Moti
ucts to underage per- 7-0. Counci
sons to mirror the Jones left the
State Code. Seconded Upon mot
by Rios. Motion carried p.m. the Cit
7-0. reconvened
8. Code of Ordinances session hav
Amendment - Title 7 staff proper ,
Public Urination or Def- There beii
ecation: City Manager ther busin(
recommending appro- motion the C
val of an amendment adjourned at
to City of Dubuque Kevin S. Firn<_
Code of Ordinances
Section 7-5A-9, Public 1t 5/25
Urination or Defeca-
tion, that removes the
$50 scheduled fine for
the violation and gives
DUBUQUE,
)WA
1OUNCIL
EEDINGS
,R SESSION Survey: Zoning Adviso-
ubuque City ry Commission recom-
et in regular mending approval of
6:30 p.m. on the Plat of Survey of
116 in the His- Table Mound Mobile
?ral Building, Home Park on Key
Street. West Drive subject to
Mayor Buol; waiving the lot front-
lembers Con -age requirement for
Toro, Jones Lot 2. Upon motion the
me), Lynch, documents were re -
Rios; City ceived and filed and
Van Milligen, Resolution No. 182-16
City Attorney Approving the Plat of
Survey Table Mound Rainbo Oil: City Manag-
3uol read the Mobile Home Park in er acceptance of the
toted this is a the City of Dubuque, deed for the property
ession of the Iowa was adopted. at 2239 University Ave-
icil called for 11. Plat of Survey - nue from the Fahey
pose of con- Tiefenthaler 2nd Place: Family Limited Partner-
,uch business City Manager recom- ship and acceptance of
ay properly mending approval of a month -to -month
fore the City the Plat of Survey of lease for the Dog
Lots 1 and 2 of House parking lot.
'DGE OF Tiefenthaler 2nd Place, Upon motion the docu-
EGIANCE in the City of Dubuque, ments were received
1MATION(S) Iowa (North Grandview and filed and Resolu-
Work Week Avenue and University tion No. 188-16 Accept-
20, 2016) was Avenue). Upon motion ing the Deed to certain
by Dave Har-the documents were real estate in the City
fie Bike Coop, received and filed and of Dubuque, Iowa and
tral Avenue; Resolution No. 183-16 an Assignment of
in Service to Approving Plat of pro- Lease from Fahey Fam-
Americans posed vacated right of ily Limited Partnership
Aay 2016) was way of North Grand- was adopted.
by Greg view Avenue South of 21. Mystique Casino
Di- University Avenue, be- Request to Construct
Executive
, 2728 ing part of Lots 1 and 2 Outside Patio and Per-
oad; of the Subdivision of gola: City Manager rec-
for Students Lot 12 of Mineral Lot ommending approval
(June/July 172, in the City of Du- of a request from Mys-
s accepted by adbuopted. Iowa was futignds fue romothe Dto ubud-
oordi y, Out- 12. Eagle Point Park - que Racing Association
oordinator for
Dubuque Furniture & Attorney submitting a
Flooring for property Summary Judgment
damage. Upon motion dismissing the suit of
the documents were Mark Fondell Excavat-
received, filed and re- ing, Inc. vs. City of Du-
fer to the City Attor- buque. Upon motion
ney. the documents were
3. Disposition of received and filed.
Claims: City Attorney 15. Request for Re -
advising that the fol- lease of Funds - Fiscal
lowing claims have Year 2016 CDBG Annual
been referred to Public Action Plan - Historic
Entity Risk Services of Bluffs Neighborhood
Iowa, the agent for the Association (As .cor-
lowa Communities As- rected): City Manager
surance Pool: Rob recommending appro-
Klauer for property val of the Request for
damage; Devon Phillips Release of Funds for
for property loss. Upon the proposed projects
motion the documents approved in the
were received, filed amended Fiscal Year
and concurred. 2016 (Program Year
4. FEMA Fire Preven- 2015) Annual Action
tion and Life Safety Plan . for Community
Grant Application: City Development Block
Manager, recommend- Grant activities that in-
ing approval to submit cludes an environmen-
an application for a tal review of the His-
FEMA Fire Prevention toric Bluffs Neighbor -
and Life Safety Grant. hood Association's
Upon motion the docu- community garden
ments were received, project. Upon motion
filed and approved. the documents were
5. Quarterly Invest- received and filed and
ment Report: City Man- Resolution No. 186-16
ager transmitting the Authorizing request for
March 31; 2016 Quar- release of Community
terly Investment Re- Development Block
port. Upon motion the Grant Funds for Fiscal
documents were re- Year 2016 (Program
ceived and filed. Year 2017) was adopt
6. Civil Service Com- ed.
mission - Certified 16. National Recrea-
Lists: Civil Service tion and Park Associa-
Commission submit- tion Great Urban Parks
ting the certified lists Campaign Grant Appli-
for the positions of cation: City Manager
Sewer Maintenance transmitting the Na-
Foreman, Foreman, tional Recreation and
Public Safety Dispatch- Park Association Great
er and Inspector II. Urban Parks Campaign
Upon motion the docu- Grant that was submit-
ments were received, ted on behalf of the
filed and make a Mat- City of Dubuque for
ter of Record. components to be de-
7. Riley Auto Sales Co. veloped in the. Lower
- Acceptance of Water Bee Branch. Upon mo-
Main Improvements: tion the documents
City Manager recom- were received and
mending acceptance of filed.
the water main public 17. Ham House Ma -
improvements that the sonry Rehabilitation
owner, Riley Auto Sales Project - Architec-
Co., has recently com- tural/Engineering Serv-
pleted adjacent to the ices: City Manager rec-
south side of their ommending approval
property at 4455 Dodge to enter into a contract
Street. Upon motion with Selser Schaefer
the documents were Architects to conduct
received and filed and consultant services for
Resolution No. 181-16 the Ham House Mason -
Accepting water main ry Rehabilitation Proj-
improvements in the ect. Upon motion the
Dodge Street (US High- documents were re -
way 20) Right -of -Way ceived, filed and ap-
in the City of Dubuque, proved.
Iowa was adopted. 18. Five Flags Theater
8. Timber-Hyrst Sani- Masonry Rehabilitation
tary Creek Crossings and Fire Escape -
Project Award: City. Architectural/Engineer
Manager recommend- ing Services: City Man-
ing that the award for ager recommending
the Timber-Hyrst Es- approval to enter into a
tates #4 North and contract with Selser
South Line Creek Schaefer Architects to
Crossings Project be conduct consultant
officially recorded in services for the Five
the minutes of the City Flags Theater Masonry
Council. Upon motion Rehabilitation and Fire
the documents were Escape Project. Upon
received, filed and motion the documents
made a Matter of Re- were received, filed
cord and approved.
9. Rustic Point 19. Public Housing
Estates -Preliminary Agency (PHA) Annual
Plat: Zoning Advisory Plan: City Manager rec-
Commission recom- ommending .approval
mending approval of to resubmit the Annual
the Preliminary Plat of Public Housing Agency
Rustic Point Estates, (PHA) Plan, along with
12568 Kennedy Road. the Certification for
Upon motion the docu- Consistency with the
ments were received, Consolidated Plan.
filed and approved. Upon motion the docu-
10. Table Mound Mo- ments were received
bile Home Park - Plat of and filed and Resolu-
tion No. 187-16 Author-
izing the Mayor to exe-
cute the Certification
by State or Local Offi-
cial of PHA Plans, Con-
sistency with the Con-
solidated Plan and ap-
proval of the PHA An-
nual Plan was adopted.
20. Acceptance of
Deed and Assignment
of Lease for 2239 Uni-
versity - Fahey Family
Limited Partnership /
Legal Notices
Depreciation and Im-
provement Fund to
construct a patio and
pergola in the area be-
tween the Hilton Gar-
den Inn and Houlihan's
Restaurant to meet re-
quired Hilton stand-
ards. Upon motion the
documents were re-
ceived, filed and ap-
proved.
22. IDOT Five -Year
Agreement for Mainte-
nance and Repair of
Primary Roads in Mu-
nicipalities: City Man-
ager recommending
approval and endorse-
ment of the Five -Year
Agreement for Mainte-
nance and Repair of
Primary Roads in Mu-
nicipalities between
the Iowa Department
of Transportation and
the City of Dubuque.
Upon motion the docu-
ments were received,
filed and approved.
23. Southwest Arterial
Property Acquisitions:
City Manager recom-
mending approval of
resolutions accepting
Grants of Easements
and Deeds to three
properties acquired for
the Southwest Arterial
Project owned by Bob
Broughton Invest-
ments, Inc.; Arthofer
Properties, LLC; Link
Properties, LLC; and
Menard, Inc. Upon mo-
tion the documents
were received and filed
and Resolution No. 189-
16 Accepting a Grant of
Temporary Construc-
tion Easement for the
Southwest Arterial Pro-
ject from Bob Brough-
ton Investments, Inc.,
Arthofer Properties,
LLC, and Link Proper-
ties, LLC; Resolution
No. 190-16 Accepting a
Grant of Temporary
Construction Ease-
ments for the South-
west Arterial Project
From Menard Inc.; Res-
olution No. 191-16 Ac-
cepting a Grant of
Temporary Construc-
tion Easement for the
Southwest Arterial Pro-
ject from Bob Brough-
ton Investments, Inc.
;Resolution No. 192-16
Accepting a Deed for
the Southwest Arterial
Project from Bob
Broughton Invest-
ments, Inc., were
adopted.
24. Signed Contracts:
Colleen Lindstrom
d/b/a Dubuque by Car-
riage Eleventh Amend-
ment to Lease Agree-
ment Upon motion the
documents were re-
ceived and filed.
25. Improvement Con-
tracts / Performance,
Payment and Mainte-
nance Bonds: MDE, LLC
d/b/a McDermott Ex-
cavating for the DICS
Building Pad 1 Sanitary
Sewer Extension. Upon
motion the documents
were received, filed
and approved.
26. Alcohol Compli-
ance Civil Penalty for
Alcohol License Holder
- Carlos O'Kelly's Mexi-
can Cafe: City Manager
recommending appro-
val of the Acknowledg-
ment/Settlement
Agreement for an alco-
hol compliance viola-
tion for Carlos O'Kelly's
Mexican Cafe, 1355 As-
sociates Drive. Upon
motion the documents
were received, filed
and approved.
27. Tobacco Compli-
ance Civil Penalty for
Tobacco License Hold-
er - The Altered State:
City Manager recom-
mending approval of
the Acknowledge-
ment/Settlement
Agreement for a tobac-
co compliance viola-
tion for the Altered
State, 1533 Central
Avenue. Upon motion
the documents were
received, filed and ap-
proved.
28. Alcohol License
Applications: City Man-
ager recommending
approval of annual
beer, liquor and wine
licenses as submitted.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 193-16 Approv-
ing applications for
beer, liquor, and/or
wine permits, as re-
quired by City of Dubu-
que Code of Ordinan-
ces Title 4 Business
and License Regula-
tions, Chapter 2 Liquor
Control, Article B Liq-
uor, Beer and Wine Li-
censes 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 indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Resnick. Motion car-
ried 7-0.
1. Rite Hite/AB(MC)2
Expansion Develop-
ment Agreement: City
Manager recommend-
ing that a public hear-
ing be set for June 6,
2016, on the proposal
to enter into a Develop-
ment Agreement with
Rite Hite/AB(MC)2 for
their expansion project
at 4343 Chavenelle
Road. Upon motion the
documents were re-
ceived and filed and
Resolution No. 194-16
Fixing the date for a
public hearing of the
City Council of the City
of Dubuque, Iowa on
the execution of a De-
velopment Agreement
with Rite Hite/AB(MC)2
and the proposed issu-
ance of Urban Renewal
Tax Increment Reve-
nue Obligations and
providing for the publi-
cation of notice thereof
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on June 6,
2016 in the Historic
Federal Building.
2. Vacating Petition -
North Grandview Ave-
nue / University Ave-
nue Right -of -Way: City
Manager recommend-
ing that a public hear-
ing be set for June 6,
2016, on the disposition
of a portion of the
North Grandview Ave-
nue right-of-way in the
southwest corner of
North Grandview Ave-
nue and University
Avenue to Tom Tie-
fenthaler of K&T Real
Estate, LLC. Upon mo-
tion the documents
were received and filed
and Resolution No. 195-
16 Resolution of Intent
to vacate and dispose
of City Interest in a
portion of the right of
way of North Grand-
view Avenue south of
University Avenue, be-
ing part of Lots 1 and 2
of the Subdivision of
Lot 12 of Mineral Lot
172, to be known as Lot
1 of Tiefenthaler 2nd
Place, in the City of Du-
buque, Iowa by sale to
K & T Real Estate, LLC
was adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on June 6,
2016 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Appointment to the
following commission
was made at this meet-
ing.
1. Building Code and
Advisory Appeals
Board: One, 3-year
term through August 1,
2018 (Vacant term of
Carr - Residential Con-
tractor). Applicant:
Mark Gudenkauf, 1251
Deer Creek Ridge
(Qualifies for Residen-
tial Contractor). Motion
by Lynch to appoint
Mr. Gudenkauf to a 3-
year term. Seconded
by Connors. Motion
carried 7-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil on the following
items.
1. Request to Rezone -
End of Wolff Road:
Proof of publication on
notice of public hear-
ing to consider a re-
quest by Steve Smith
to rezone property at
the end of Wolff Road
(Parcel ID#
1020376004) from CSc
Commercial Service &
Wholesale with condi-
tions to LI Light Indus-
trial District and the
Zoning Advisory Com-
mission recommending
approval with condi-
tions. Motion by Con-
nors to receive and file
the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Lynch. Planning Serv-
ices Manager Laura
Carstens provided a
staff report. Motion
carried 7-0.
Motion by Connors for
final consideration and
passage of Ordinance
No.15-16 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at the end of
Wolff Road from CSc
Commercial Service
and Wholesale District
with conditions to LI
Light Industrial District
with conditions as es-
tablished in the attach-
ed Memorandum of
Agreement. Seconded
by Lynch. Motion car-
ried 7-0.
2. Request to Rezone -
800 and 804 Rhomberg
Avenue: Proof of publi-
cation on notice of
public hearing to con-
sider a request by Al
Urbain Construction
Management, Inc. to
rezone property at 800
& 804 Rhomberg Ave-
nue from C-1 Neighbor-
hood Commercial and
R-2A Alternate Two -
Family Residential to
C-2 Neighborhood
Shopping Center zon-
ing district and the
Zoning Advisory Com-
mission recommending
approval. Motion by
Lynch to receive and
file the documents and
that the requirement
that a proposed ordi-
nance beconsidered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Connors. Planning Ser-
vices Manager Laura
Carstens provided a
staff report. Developer
Clark Wolff responded
to questions from the
City Council described
the project and provid-
ed information regard-
ing the process used to
inform adjacent prop-
erty owners. Motion
carried 7-0.
Motion by Lynch for
final consideration and
passage of Ordinance
No. 16-16 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 800 and
804 Rhomberg Avenue
from R-1 Single -Family
Residential and C-1
Neighborhood Com-
mercial District to C-2
Neighborhood Shop-
ping Center District.
Seconded by Connors.
Motion carried 7-0.
3. Request to Amend
PUD - Historic Millwork
District: Proof of publi-
cation on notice of
public hearing to con-
sider approval of a re-
quest by Keith Gutier-
rez to amend the His-
toric Millwork District
Planned Unit Develop-
ment (PUD) to allow
microbrewery, winery
and distillery as per-
mitted uses and the
Zoning Advisory Com-
mission recommending
approval.
Restated motion by
Connors to receive and
file the documents and
refer the proposed or-
dinance back to the
Zoning Advisory Com-
mission to reconsider
as "conditional use" to
include conditions such
as noise and odor and
for staff to expedite
the amendment. Sec-
onded by Lynch. Mo-
tion carried 6-1 with
Rios voting nay.
Assistant City Attor-
ney Crenna Brumwell
provided an explana-
tion of simple and su-
per majority votes for
the City Council as
they pertain to .action
on this item. Planning
Services Manager
Laura Carstens provid-
ed a staff report and
acknowledged receipt
of correspondence
from Gronen Develop-
ment. John Gronen,
president of Gronen
Development, 900 Jack-
son Street, and archi-
tect Jeff Morton stated
that while they were
excited about the pro-
posed business, they
had concerns with
noise, odor and deliv-
ery traffic associated
with microbreweries
that may impact adja-
cent properties and de-
velopment. Mr. Gronen
proposed replacing the
permitted use concept
with conditional use in
the amendment as it
would allow a review
process. Developer
Keith Gutierrez descri-
bed his proposal and
stated that production
at his microbrewery
would be closer to that
of a brew pub and
thereby have minimal
impact unlike other
business already on
the list of allowable
uses in the district. He
added that reconsider-
ation of the amend-
ment would cause
some delay on his proj-
ect, but that he intends
to continue as planned.
Bob Johnson, 333 E.
10th Street, stated that
he has no concerns
with Mr. Gutierrez's
project, but is con-
cerned about what fu-
ture projects may bring
to the district and sup-
ported the conditional
use concept. HMD
property owner, Tim
McNamara, 195 Brad-
ley Street, stated that
he welcomes new busi-
ness but supports the
conditional use con-
cept so each business
could be scrutinized
for potentially unhar-
monious elements.
Nancy Kann of Gronen
Development stated
that she welcomes Mr.
Gutierrez to the Histor-
ic Millwork District and
that they had dis-
cussed project devel-
opment, but were un-
able to come to an
agreement without a
business plan at the
time.
4. Carnegie -Stout
Public Library Maker
Space Project: Proof of
publication on notice
of public hearing to
consider approval of
plans, specifications,
form of contract and
estimated cost for the
Carnegie -Stout Public
Library Maker Space
Project and the City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 196-16 Approval of
plans, specifications,
form of contract, and
estimated cost for the
Carnegie -Stout Public
Library's (C-SPL) Mak-
er Space Project. Sec-
onded by Connors. Re-
sponding to questions
from the City Council,
City Manager Van Mil-
ligen stated that proj-
ect expenses are ex-
pected to be paid from
grants and donations
to the Library with no
cost to the City. Motion
carried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
1. Public Input at City
Council Meetings (2nd
Reading): City Attorney
submitting a proposed
ordinance concerning
the placement of Pub-
lic Input on the Council
agenda. Motion by
Connors to consider
the second reading of a
proposed ordinance
amending City of Du-
buque Code of Ordi-
nances Title 1 Adminis-
tration, Chapter 6 May-
or and City Council, Ar-
ticle A Rules and Pro-
cedure, Sections 1-6A-
11 Order of Business
and Agenda and 1-6A-
14 Rights of Public by
clarifying the rules re-
lating to communica-
tions to the City Coun-
cil and the Public Input
Agenda. Seconded by
Resnick. Motion car-
ried 7-0.
2. Start Time for City
Council Meetings (2nd
Reading): City Attorney
submitting a proposed
ordinance adjusting
the start time for regu-
lar meetings. Motion
by Lynch to consider
the second reading of a
proposed ordinance
amending City of Du-
buque Code of Ordi-
nances Title 1 Adminis-
tration, Chapter 6 May-
or and City Council, Ar-
ticle A Rules and Pro-
cedure, Section 1-6A-3
Types of Meeting by
establishing the meet-
ing time for regular
City Council meetings
of 6:00 PM. Seconded
by Connors. City Coun-
cil discussed the pros
and cons of the earlier
start time. Mayor Buol
and Council Member
Resnick asked that the
third reading of the or-
dinance be scheduled
for the meeting of July
5, 2016 as they will not
be in attendance at the
June 6 and June 20
meetings respectively.
Motion carried 4-3 with
Resnick, Del Toro, and
Rios voting nay.
3. Rite Hite/AB(MC)2 -
Iowa Economic Devel-
opment Authority Ap-
plication for State As-
sistance: City Manager
recommending appro-
val of the submittal of
an Economic Develop-
ment Assistance Appli-
cation to the Iowa Eco-
nomic Development
Authority on behalf of
Rite Hite/AB(MC)2 for
their proposed expan-
sion in Dubuque. Mo-
tion by Lynch to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 197-16 Au-
thorizing the filing of
an application for State
Business Financial As-
thonline.com • Telegraph Her!
sistance on behalf of the City the ability to
Rite Hite/AB(MC)2. Se- set the fine within the
conded by Connors. simple misdemeanor
Motion carried 7-0.
4. North Grandview
Avenue, Delhi Street
and Grace Street
Roundabout Project
Award: City Manager
recommending award
of the construction
contract for the North
Grandview Avenue,
Delhi Street and Grace
Street Roundabout
Project to the low bid-
der Portzen Construc-
tion, Inc. Motion by
Lynch to receive and
file the documents and
adopt Resolution No.
,198-16 Awarding Public
Improvement Contract
for the North Grand-
view Avenue and Delhi
Street Roundabout In-
tersection Improve-
ment Project. Sec-
onded by Rios. Motion
carried 7-0.
5. Dubuque Industrial
Center South - Verena
Court Project Award:
City Manager recom-
mending award of the
construction contract
for the Dubuque Indus-
trial Center South -
Verena Court Project to
the low bidder Drew
Cook and Sons Exca-
vating. Motion by Lynch
to receive and file the
documents and adopt
Resolution No. 199-16
Awarding Public Im-
provement Contract for
the Verena Court Proj-
ect. Seconded by Rios.
Motion carried 7-0.
6. English Ridge Sub-
division No. 7 - Final
Plat: City Manager rec-
ommending approval
of the final plat of Eng-
lish Ridge Subdivision
No. 7 and states that it
is in compliance with
the City of Dubuque
Unified Development
Code. Motion by Lynch
to receive and file the
documents and adopt
Resolution No. 200-16
Authorizing approval of
the Final Plat of English
Ridge Subdivision No. 7
in the City of Dubuque,
Iowa. Seconded by Rios.
Motion carried 7-0.
7. Code of Ordinances
Amendment - Title 7
Tobacco Products to
Underage Persons: City
Manager recommend-
ing approval of an
amendment to the City
of Dubuque Code of Or-
dinances Section 7-5A-
15, Tobacco Products
to Underage Persons,
to mirror the Iowa
Code, which includes
vapor and tobacco al-
ternatives. Motion by
Lynch to receive and
file the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Connors. Motion car-
ried 7-0.
Motion by Lynch for
final consideration and
passage of Ordinance
No. 17-16 Amending
City of Dubuque Code
of Ordinances Title 7
Police, Fire and Public
Safety, Chapter 5 Of-
fenses, Article A Gen-
eral Offenses, Section
7-5A-15 Tobacco Prod-
ucts to underage per-
sons to mirror the
State Code. Seconded
by Rios. Motion carried
7-0.
8. Code of Ordinances
Amendment - Title 7
Public Urination or Def-
ecation: City Manager
recommending appro-
val of an amendment
to City of Dubuque
Code of Ordinances
Section 7-5A-9, Public
Urination or Defeca-
tion, that removes the
$50 scheduled fine for
the violation and gives
range. Motion by Con-
nors to receive and file
the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Lynch. Motion carried
7-0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 18-16 Amending
City of Dubuque Code
of Ordinances Title 7
Police, Fire and Public
Safety, Chapter 5 Of-
fenses, Article A Gen-
eral Offenses, Section
7-5A-9 Public Urination
or. Defecation to re-
move the scheduled
fine. Seconded by
Lynch. Motion carried
7-0.
9. 2016 Art on the Riv-
er Feature - Temporary
Loan of "Continuum:"
City Manager recom-
mending approval to
use the "Continuum,"
one of the City's first
public art acquisitions,
as a featured work at
this year's Art on the
River exhibit. Motion
by Lynch to receive
and file the documents
and approve the rec-
ommendation. Second-
ed by Connors. Motion
carried 7-0.
10. Greater Dubuque
Development Corpora-
tion - Board Member-
ship: Correspondence
from Rick Dickinson,
President & CEO for
Greater Dubuque De-
velopment Corpora-
tion, requesting confir-
mation of the Mayor's
appointment and two
City Council represen-
tatives to . the GDDC
Board of Directors for
the terms of Council
Members Connors and
Lynch that expire June
30, 2017. Motion by
Lynch to receive and
file the documents and
concur. Seconded by
Connors. Motion car-
ried 7-0.
11. Request for Work
Session - Bee Branch
Creek Restoration Proj-
ect Walking Tour: City
Manager recommend-
ing that the City Coun-
cil schedule the Bee
Branch Creek Restora-
tion Project Walking
Tour Work Session for
Monday, May 23, 2016,
at 5:30 p.m. Motion by
Lynch to receive and
file the documents and
set the work session as
recommended. Sec-
onded by Connors. Mo-
tion carried 7-0.
CLOSED SESSION
Motion by Connors at
8:23 p.m. to convene in
closed session to dis-
cuss pending litigation
and property acquisi-
tion pursuant to Chap-
ter 21.5(1)(c), -(j) Code
of Iowa. Seconded by
Rios. Mayor Buol stat-
ed for the record that
the attorneys who will
consult with the City
Council on issues to be
discussed in closed
session are Crenna
Brumwell and Maureen
Quann. Motion carried
7-0. Council Member
Jones left the meeting.
Upon motion at 8:46
p.m. the City Council
reconvened in open
session having given
staff proper direction.
There being no fur-
ther business, upon
motion the City Council
adjourned at 8:47 p.m.
Kevin S. Firnstahl, CMC
City Clerk
It 5/25