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10 17 16 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on October 17, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor lol; Council Members Cones -'',Del T r� o Jo es L ch Re nick igiios, City Manager V Milligen, City Attorney/Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE ,teitof, PROCLAMATION(S) 1. Andrew Connolly Make -a -Difference Day (October 22, 2016) was accepted by Laura Roussell, §r.?),,Comppunity Affairs Manager for Black Hills Energy. . Toastmasters Week (Octo er 24-28, 2016) was acce ted by Wry Nielsen, Toastmasters International, e °lona! Advisor, Region 4 , 3. Community Planning Month (October 2016) was accepted by Planning Services °°Manager Laura Carstens :`MS Run the US orangearmy Day (November 1, 2016) was accepted by Curt Ehlinger Adoption Month (November 2016) was accepted by Christa Hefei, MPH, Post Adoption Support Specialist, Four Oaks/Iowa Kidsnet. 1 CONSENT ITEMS Yays Nays Jones t'-' / Lynch v"-„,21--- Connors i.,` Rios V Del Toro i-°' Buol .V' Resnick 1. Minutes and Reports Submitted City Council Proceedings of 10/3, 10/10; Community Development Advisory Commission of 9/28; Five Flags Civic Center Commission of 9/26; Historic Preservation Commission of 9/12; Library Board of Trustees Council Update #153 of 9/22; Zoning Advisory Commission of 10/5; Zoning Board of Adjustment of 9/22; Proof of Publication of City Council Proceedings of 9/19; Suggested Disposition: Receive and File 2. Iowa League of Cities' Conservation Innovation Grant City Manager transmitting correspondence to the USDA Natural Resources Conservation Service in support of the Iowa League of Cities' Conservation Innovation Grant and providing information on matching funds from the City of Dubuque. Suggested Disposition: Receive and File 3. Delinquent Bush, Brush and Vegetation Collection Accounts City Manager recommending approval of the Final Assessment Schedule for bushes / brush / and vegetation enforcement against the owner of private property at 1395 Walnut Street. RESOLUTION 347-16 Adopting the Schedule of Assessments for 1395 Walnut Street and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s) 2 Yays Nays Jones Lynch Connors Rios Del Toro Buol Resnick 4. Bee Branch Watershed Flood Mitigation Project US EPA Brownfields Cleanup Cooperative Grant Agreement City Manager recommending approval of the Cooperative Agreement with the U.S. Environmental Protection Agency in order to secure Brownfields Cleanup grant funds for the Blum Brownfields Site at 501 E. 15th Street. RESOLUTION 348-16 Approving the Brownfields Cleanup Grant Agreement between the U.S. Environmental Protection Agency and the City of Dubuque, Iowa for the cleanup of the former Blum Scrap Yard and Recycling facility at 501 E. 15th Street for the Bee Branch Watershed Flood Mitigation Project Suggested Disposition: Receive and File; Adopt Resolution(s) 5. SW Arterial / Military Road Supplemental Agreement No. 1 City Manager recommending the City Council authorize the City Manager to execute a supplemental agreement between the City, the Iowa Department of Transportation, and IIW, P.C., to provide construction engineering services for the Southwest Arterial — Military Road Reconstruction Project. RESOLUTION 349-16 Approving the Construction Engineering Services Supplemental Agreement No. 1 between the City of Dubuque, the Iowa Department of Transportation, and IIW, P.C. for the Military Road Reconstruction Project. Suggested Disposition: Receive and File; Adopt Resolution(s) 6. Grand River Center Air Wall Re -Upholstery Project Acceptance City Manager recommending acceptance of the Grand River Center Air Wall Re - Upholstery Project as completed by Folding Partition Services and authorizing final payment. RESOLUTION 350-16 Accepting the Grand River Center Air Wall Re -Upholstery Project and authorizing the payment of the contact amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Nays Jones Lynch Connors Rios Del Toro Buol Resnick 7. Grand River Center Concourse & River Room Carpet Replacement Project Acceptance City Manager recommending acceptance of the Grand River Center Concourse and River Room Carpet Replacement Project as completed by Commercial Flooring and authorizing final payment. RESOLUTION 351-16 Accepting the Grand River Center Concourse and River Room Carpet Replacement Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Grand River Center Ballroom Carpet Replacement Project Acceptance City Manager is recommending acceptance of the Grand River Center Ballroom Carpet Replacement Project as completed by Commercial Flooring and authorizing final payment. RESOLUTION 352-16 Accepting the Grand River Center Ballroom Carpet Replacement Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Dubuque Regional Airport Utilities Extension Project Acceptance City Manager recommending acceptance of the construction contract for the Utility Extension to the Dubuque Regional Airport, as completed by Miller Trucking and Excavating and authorizing final payment. RESOLUTION 353-16 Accepting the Utility Extension to the Dubuque Regional Airport Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 4 Yays Nays Jones Lynch Connors Rios Del Toro Buol Resnick 10. Heeb Street Retaining Wall Reconstruction Project Acceptance City Manager recommending acceptance of the public improvement construction contract for the Heeb Street Retaining Wall Reconstruction Project, as completed by McDermott Excavating and authorizing final payment. RESOLUTION 354-16 Accepting the Heeb Street Retaining Wall Reconstruction Project and authorizing the payment to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 11. 2016 Asphalt Overlay Access Ramp Project One Acceptance City Manager recommending acceptance of the construction contract for the 2016 Asphalt Overlay Access Ramp Project One as completed by Arensdorf Construction and authorizing final payment. RESOLUTION 355-16 Accepting the 2016 Asphalt Overlay Project Curb Access Ramps Project One and authorizing the payment of the contract amount to the contractor. Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Public Works Equipment Operator I Position City Manager recommending approval for the position of Maintenanceworker to be replaced with an Equipment Operator I position in the Public Works Department. Suggested Disposition: Receive and File; Approve 13. Parking Ramp Gate Equipment Procurement City Manager recommending approval of the selection of Parking Inc. Systems to replace the gate control equipment for the Iowa Parking Ramp and the Five Flags Parking Ramp. Suggested Disposition: Receive and File; Approve 5 Yays Nays Jones Lynch Connors Rios Del Toro Buol Resnick 14. Cody Drive Right -of -Way Acquisition Plat City Manager recommending approval of the Acquisition Plat for property on the east end of Cody Drive and acceptance of the dedication of said lot for right-of-way purposes related to expansion of Valentine Park. RESOLUTION 356-16 Approving the Acquisition Plat of Lot 5A of Block 7 except the westerly 75' thereof, of Pioneer Hills, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Dubuque Community School District - School Resource Officer (SRO) Agreement City Manager recommending approval of the Fiscal Year 2016-2017 School Resource Officer Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Suggested Disposition: Receive and File; Approve 16. Dubuque Community School District 2016-2017 DARE Agreement City Manager recommending approval of the Fiscal Year 2016-2017 DARE Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Suggested Disposition: Receive and File; Approve 17. Holy Family School District 2016-2017 DARE Agreement City Manager recommending approval of the Fiscal Year 2016-2017 DARE Agreement between the City of Dubuque Police Department and the Holy Family School District. Suggested Disposition: Receive and File; Approve 6 Yays Nays Jones Lynch Connors Rios Del Toro Buol Resnick 18. Pre -Annexation Agreement - Jon D. Luckstead City Manager recommending approval of a Pre -Annexation Agreement with Jon D. Luckstead for property in Tamarack South Subdivision. RESOLUTION 357-16 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Jon D. Luckstead Suggested Disposition: Receive and File; Adopt Resolution(s) 19. Fire Station Alerting System City Manager recommending the selection of Racom/U.S. Digital Designs for replacement of the Fire Station Alerting System. Suggested Disposition: Receive and File; Approve 20. Craig Pfohl Settlement Agreement City Attorney recommending approval of a Settlement Agreement in the case of Craig Pfohl v. Officer Wilkens Dieujuste and City of Dubuque. Suggested Disposition: Receive and File; Approve 21. 28E Agreement - Key West Fire Department City Manager recommending approval of a 28E Agreement with the Key West Fire Department to allow them to use City of Dubuque -owned hydrants that are located in the Key West Fire Department Fire District. Suggested Disposition: Receive and File; Approve 22. Anderson Corporate Foundation Grant Application for Bus Stop Accessibility in Dubuque's North End and Point Neighborhoods City Manager recommending approval for Jule Transit to submit an application to the Andersen Corporate Foundation to increase lighting, seating and accessibility, while achieving compliance with the Americans with Disabilities Act, for bus stops in the North End and Point neighborhoods. Suggested Disposition: Receive and File; Approve 7 Yays Jones Lynch Connors Rios Del Toro Buol Resnick Nays 23. Improvement Contracts / Performance, Payment and Maintenance Bonds Tom Kueter Construction Co., Inc. for the Dubuque Airport Parking Lot Repair Project 2016. Suggested Disposition: Receive and File; Approve 24. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 358-16 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) 8 ITEMS SET FOR PUBLIC HEARING Both 11/21/16 1. English Ridge Housing Urban Renewal Area Amendment City Manager recommending approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the English Ridge Housing Urban Renewal Area is both necessary and appropriate, and sets a public hearing on the proposed amendment for November 21, 2016. RESOLUTION 359-16 Resolution of Necessity finding that certain property in and near the English Ridge Urban Renewal Area is an Economic Development Area and that the development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting a date for hearing on a proposed Amended and Restated Urban Renewal Plan for said Area Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/21/16 2. Greater Downtown Urban Renewal District Amendment City Manager recommending approval of a Resolution of Necessity that finds that an amendment of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District is both necessary and appropriate, and sets a public hearing on the proposed amendment for November 21, 2016. RESOLUTION 360-16 Resolution of Necessity finding that certain areas to be included within the Greater Downtown Urban Renewal District meet the definition of a Blighted Area or an Economic Development Area under the Urban Renewal Law, and that development of said Areas is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed Amendment to the Amended and Restated Urban Renewal Plan for said District Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for 11/21/16 9 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Review of applications: Housing Trust Fund Advisory Committee One, 3 -year term through August 17, 2019 (Expired term of Walsh). Applicant: John Walsh, 316 Spring Valley Rd. Appointments: 2. Building Code and Advisory Appeals Board One, 3 -year term through August 1, 2019 (Vacant term of Kolf, Architect/Engineer Representative). Applicant: Benjamin Beard (Qualifies as Architect/Engineer Representative) Yays Nays V Jones Lynch Connors Rios Del Toro f Buol Resnick 7 3. Community Development Advisory Commission One, 3 -year term through February 15, 2017 (Vacant term of Craddieth, Low/Moderate Income Area Representative).Applicant: Sara Burley, 2622 Broadway St (Qualifies as LMI Representative) Yays , Nays +/ / Jones V, Lynch I/ Connors Rios Del Toro Buol V ©2 Resnick 10 PUBLIC HEARINGS 1. Request to Amend ID Institutional District - Finley Hospital Proof of publication on notice of public hearing to consider a request from Finley Hospital to amend ID Institutional District sign regulations at 1550 /1560 University Avenue to permit two (2) additional, 50 sq. ft. wall -mounted signs and one (1), 80 sq. ft., eleven (11) foot -high monument -style sign to the Kehl Diabetes Center building and the Zoning Advisory Commission recommending approval. ORDINANCE 50-16 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the amendment of Ordinance 14-14, and approval of an amended Campus Development Plan for the Finley Hospital Institutional District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yay Nays Jones .,, 1/` Lynch 4,-/ Connors Z-. Rios t% Del Toro Buol L.,' Resnick Final Reading and Adopt Yays Nays Jones .,, 1/` Lynch 1%/ Connors Z/,'' Rios t7. Del Toro Buol v Resnick 2. Request to Amend PUD Planned Unit Development - Plaza 20 Proof of publication on notice of public hearing to consider a request from Plaza 20, Inc. to amend the Plaza 20 PUD Planned Unit Development sign regulations at 2600 Dodge Street to permit one (1) 400 sq. ft. and two (2), 250 sq. ft. freestanding signs and the Zoning Advisory Commission recommending approval. ORDINANCE 51-16 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 13-16 Which Established Regulations for the Plaza 20 PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to allow for modification of the On - Premise Sign Regulations Applied to Plaza 20 Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays _ Nays E" , Jones ( Lynch / Lynch Connors Connors Del Toro Rios Buol Del Toro Resnick Buol Resnick Final Reading and Adopt Yays Nays Jones ( Lynch Connors Rios Del Toro Buol Resnick 12 PUBLIC INPUT MY 45/ t/Y2 (*zi 140 / Z47/4/ ACTION ITEMS /4,3r 1. State Representative Charles Isenhart - Request to Address the City Council State Representative Charles Isenhart will address the City Council regarding his 2017 Legislative Priorities. Suggested Disposition: Receive and File Yays ,,. Nays V Jones Lynch V ' Connors i Rios £/'' Del Toro 1,✓' Buol Resnick ,71/-4 kAike *,;(7 fnygfr% I ito/y, ,zei )7( 1/6/1 /x/1* 00)0 ,P47./.0 /I/fa e -ft< r ---' "es6 .27-A ry 04/911 ilw sy6, eef, "71 e -/AWY* 14 44/4! m if 4( ze-i4 *1174- loy*if fre/la/Ox7 4vo5/ 2. Expansion of Conservation District to Include 553 E. 14th Street (Tabled from September 6, 2016) City Manager recommending City Council action on one of four options related to the expansion of the Washington Neighborhood Conservation District to include 553 E. 14th Street. Suggested Disposition: Remove From the Table; Receive and File; Council Action on Recommended Options; or if Approved: Motion B; Motion A 1. Approve or deny the request, 2. Set the request for consideration at a subsequent meeting, 3. Set the request for a public hearing, or 4. Refer the request to the Historic Preservation Commission for a recommenda ion before voting on the request. Remove from Table Remove from Table Yays Nays Jones J/ Lynch 1 Connors Rios i ---- V. Del Toro Buol Resnick 7 Yays d Nays Jones J/ Lynch iv / Connors Rios i ---- Del Toro Buol Resnick IF APPROVED ORDINANCE ZAmending Title 16 of the City of Dubuque Code ofi6rdinances, Unified Development Code, by amending Article 10-11- A-4 Pertaining to Expansion of the Washington Street Neighborhood Conservation District Suspend the Readings Yays Nays Jones Lynch Connors Rios Del Toro Buol Resnick Final Reading and Adopt Yays Nays Jones Lynch Connors Rios Del Toro Buol Resnick 15 3. North Grandview Avenue Right -of -Way Amendment to Purchase Agreement (K&T Real Estate) City Manager recommending approval to amend the purchase agreement for the vacation and disposal of a portion of the North Grandview Avenue Right -of -Way in the southwest corner of the intersection of North Grandview Avenue and University Avenue. RESOLUTION 361-16 Amending the Purchase Agreement for the vacation and disposal of a portion of the North Grandview Avenue Right -of -Way in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Yays y Nays Jones Lynch Connors 1„7"-.4‘, Rios Del Toro e------Buol �_ Resnick Apel f S >49? /04oefiE,Aee, 1/01/ - /Wave 91z- Att/ iF ei i d ilimekdy - / 6 , //g/ d'/�/��' f R4,141,1-/ i /ww-- -liz.v/%1141 4%v owYipi C ."Afeley4 /if/ Xf-e - 1,f+ 16 '71.;;2, 4. Code of Ordinances Amendment Title 14 - References to Housing Code City Manager recommending approval of an ordinance which adjusts any references to the recently repealed Title 6, Chapter 6 of the City of Dubuque Code of Ordinances to the updated and proper code. ORDINANCE 52-16 Amending Ordinance 30-16 Which repealed Title 6, Chapter 6 of the City of Dubuque Code of Ordinances and all other Ordinances or parts of Laws in Conflict therewith; Adopted the 2015 Edition of the International Property Maintenance Code, Regulating and Governing the Conditions and Maintenance of all Property, Buildings, and Structures; Provided the Standards for Supplied Utilities and Facilities and Other Physical Things and Conditions Essential to Ensure that Structures are Safe, Sanitary and fit for Occupation and Use; and Condemning Buildings and Structures Unfit for Human Occupancy and Use, and the Demolition of Such Existing Structure in the City of Dubuque; Provided for the Issuance of Permits and Collection of Fees Therefor; and Adopted a New Article within Title 14, Chapter 1 as Article J; by adjusting the Notice of Violation Provision, adding Definitions for Building Official and Code Official, and modifying the Housing Board of Appeal Provisions to be Consistent with the Provisions for Other Boards and Commissions of the City Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays tr:;;Jones Jones Lynch 4,,,/ - Connors "` Rios V Del Toro Buol ?/` Resnick Final Reading and Adopt Yays Nays Jones Lynch 4,,,/ - Connors "` Rios Del Toro Buol ?/` Resnick 17 5. Code of Ordinances Amendment Title 4 - Solicitor's License City Manager recommending approval of an Ordinance providing that the City Manager must give written notice of the revocation, suspension or denial of renewal to the licensee. ORDINANCE 53-16 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 5 Solicitor's License, Section 4-5-10 Denial, Suspension, or Revocation of License by providing that the City Manager must give written notice of the revocation, suspension, or denial of renewal Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays ./ Jones 1,42-2 Lynch ,,% Connors I,/ Rios j'' Del Toro 7,� Buol ,'- Resnick Final Reading and Adopt Yays , Nays ./ Jones 1,42-2 Lynch % Connors es « Rios y' Del Toro t/ Buol Resnick 18 6. Code of Ordinances Amendment Title 14 - Mechanical and Plumbing Code Board City Manager recommending approval of two ordinances to amend Ordinance Nos. 25- 16 and 26-16 to make the language for the Mechanical and Plumbing Code Board consistent between the two ordinances. ORDINANCE 54-16 Amending Ordinance 25-16 Which repealed Title 14 Building and Development, Chapter 1 Building Codes, Article F Mechanical Code, Sections 14-1F-1 International Mechanical Code Adopted and 14-1 F-2 International Mechanical Code Amendments and adopted new sections in lieu thereof Adopting the 2015 International Mechanical Code. ORDINANCE 55-16 Amending Ordinance 26-16 Which repealed Title 14 Building and Development, Chapter 1 Building Codes, Article H Plumbing Code, Sections 14-1H-1 International Plumbing Code Adopted and 14-1H-2 International Plumbing Code Amendments and adopted new sections in lieu thereof Adopting the 2015 International Plumbing Code Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings yays, If 1 Nays Jones Lynch Connors Rios Del Toro Buol Resnick Final Reading and Adopt l'ay,s. Nays V / Jones r% Lynch Connors !/' Rios j," Del Toro 1/ Buol pi' , Resnick 19 7. Code of Ordinances Amendment Title 14 - Electrical Code City Manager recommending approval of an ordinance that prohibits the use of PVC when penetrating through a roof and/or soffit. ORDINANCE 56-16 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code, Section 14-1D-2 National Electrical Code Amendments by amending Uses Not Permitted to include where overhead lines and/or wires attach to PVC Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays , Nays Jones Jones fr Lynch Lynch Connors Connors j Del Toro Rios Buol �' Del Toro Resnick . Buol Resnick Final Reading and Adopt Yays Nays Jones fr Lynch L-' Connors Rios Del Toro Buol t Resnick 4.4.7 9.,}pae4 feofee .4)24,1 4111gi. 4f3e Pee, K" e -- A74 „071 ( 20 8. Request for Work Session - Inclusive Dubuque Quarterly Work Session City Manager recommending that the City Council schedule the quarterly Inclusive Dubuque Work Session for December 12, 2016, at 6:00 p.m. Suggested Disposition: Receive and File; Council id Yays / Nays €.,, Jones Lynch tr°` J Connors Rios Del Toro Buol Resnick 21 9. Request for Special City Council Meeting - South Pointe Subdivision Housing Urban Renewal Area City Manager recommending that the City Council schedule a special City Council meeting for Thursday, October 27, at 5: p.m. in Conference Room B of City Hall, in order to begin the process of consider ° g,. Housing Urban Renewal Area to include the South Point subdivision. frn Suggested ispgseceive and File; Octr"nci'I Yays rip-, Nays Jones //'' Lynch Connors t✓ i, Rios Del Toro , Buol 2s" r Resnick / / kb& "2/9/464-1,1 zhoire. 22 10. National League of Cities Voting Delegates Correspondence from the National League of Cities requesting that the City designate a voting delegate and alternate voting delegate for the upcoming National League of Cities Annual Business meeting on November 19, 2016. Delegate: Alternate: Suggested Disposition: Receive and File; Council Yays ,F; Nays t Jones Lynch Connors L Rios /,--"-- ,, Del Toro 2� .. Buol Resnick 23 COUNCIL MEMBER REPORTS CLOSED SESSION @ p.m. Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code of Iowa Public Statement Yays Nays Jones Jones j Lynch Connors x/ Connors / Del Toro Rios Buol Del Toro Resnick if Buol L Resnick Non -Public Meeting - Collective Bargaining Strategy - Chapter 20.17(3) Code of Iowa ADJOURNMENT @ Yays Nays Jones Lynch Connors Rios / Del Toro Buol Resnick 24 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, October 17, 2016 at 6:00 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pages 1-4 oy D. Buol, Mayor