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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