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10 3 16 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on October 3, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van 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 Mayor Buol welcomed recently appointed City Attorney Crenna Brumwell. PRESENTATION(S) 1. International Economic Development Council 2016 Leadership Award was pre- sented to Mayor Roy D. Buol by Rick Dickinson, Executive Director and CEO of Greater Dubuque Development Corp. 2. Tom McDonald Safety (ISRMSA) Award: Civil Engineer Jon Dienst presented the Tom McDonald Safety Award from the Iowa Streets and Road Maintenance Supervisors Association (ISRMSA) recognizing the City of Dubuque for the Grandview Avenue/Delhi Street/Grace Street Roundabout Project. PROCLAMATION(S) 1. Keeping the Lights on After School Day (October 13, 2016) was accepted by Beth McGorry of St. Mark Youth Enrichment, 1201 Locust Street. 2. White Cane Safety Day (October 15, 2016) was accepted by Judy Jacobs and Mary Barges on behalf of Tri-State Blind Society and Dubuque Association for the Blind respectively, 3333 Asbury Road. 3. Gentleman Day (October 19, 2016) was accepted by: Nelly Hill of Waypoint Ser- vices Dubuque, 452 W. 4th Street. 4. Trick -or -Treat Night (October 31, 2016) was accepted by Mayor Roy D. Buol. 5. Chaplain Aloysius Schmitt Week (October 3-7, 2016) was accepted by Dick Bridg- es, Past Commander, American Legion Post 6, 1306 Delhi Street. 6. Arts and Humanities Month (October 2016) was accepted by Arts and Cultural Af- fairs Commissioners Ellen Henkels, Susan Reidel, David Schmitz, and Mary Armstrong 7. Make -a -Will Month (October 2016) was accepted by Make -a -Will Month Commit- tee Members Susan Henricks, David Schmitz, and Ric Jones. 1 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Council Member Jones requested #5 be held for separate discussion. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings 9/19; Civil Service Commission of 8/9, 9/26; Sister City Relationships Advisory Commission of 9/14; Proofs of Publication on City Council Proceedings of 9/6, 9/12; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 8/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Marvin Brantley for vehicle damage; Donna Klein for property damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Marvin Brantley for vehicle damage; Donna Klein for property damage; Ciara Neealy for vehicle damage. Upon motion the documents were received, filed and concurred. 4. International Day of Peace Recognition of City Employees: City Manager transmit- ting information about Human Rights Director Kelly Larson and Circles Coach Ermina Soler receiving recognition from Dubuque's International Day of Peace Committee. Up- on motion the documents were received and filed. 5. Dubuque Fire Department - 2016 Mission: Lifeline® EMS Silver Award: The Dubu- que Fire Department received a 2016 Mission: Lifeline® EMS Silver Award from the American Heart Association for implementing quality improvement measures for the treatment of patients who experience severe heart attacks. Motion by Jones to receive and file. Seconded by Connors. Jones recognized Fire Department staff for their achievement. Motion carried 7-0. 6. Pool Assessment Study Consultant Selection: City Manager recommending ap- proval of the selection of MSA Professional Services, Inc. to complete a facility assess- ment and report (Tasks 1A and 1B) for both the Flora and Sutton Pools. Upon motion the documents were received, filed and approved. 7. Acceptance of Ingress and Egress Easement - 3080 Cedar Crest Court: City Man- ager recommending acceptance of a Grant of Ingress and Egress Easement over prop- erty at 3080 Cedar Crest Court. Upon motion the documents were received and filed and Resolution No. 338-16 Accepting a Grant of Ingress and Egress Easement through, over and across part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, in the City of Dubuque, Iowa was adopted. 2 RESOLUTION NO. 338-16 ACCEPTING A GRANT OF INGRESS AND EGRESS EASEMENT THROUGH, OVER AND ACROSS PART OF LOT 2 OF LOT 3 OF CEDAR RIDGE FARM PLACE NO. 7, IN THE CITY OF DUBUQUE, IOWA Whereas, BM Properties, LLC has executed an Ingress and Egress Easement through, over and across Part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, in the City of Dubuque, Dubuque County, Iowa, which provides the City of Dubuque access to the existing storm water detention facility on located on Lot A Cedar Ridge Farm Place No. 8 for maintenance to said facility. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Ingress and Egress Easement through, over and across Part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, in the City of Dubuque, Dubuque County, Iowa from BM Properties, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 3rd day of October, 2016 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Acceptance of Permanent Easement for Sanitary Sewer - 4825 Asbury Road: City Manager recommending acceptance of a Grant of Sanitary Sewer Easement from Half Moon, LLC for a permanent sanitary sewer easement across 4825 Asbury Road. Upon motion the documents were received and filed and Resolution No. 339-16 Accepting a Grant of Easement for Sanitary Sewer through, over and across part of Lot 1 of 2 of Remake) Place, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 339-16 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 OF 2 OF REMAKEL PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, Half Moon, LLC has executed a Permanent Easement for Sanitary Sewer through, over and across Part of Lot 1 of 2 of Remake) Place in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Permanent Easement for Sanitary Sewer through, over and across Part of Lot 1 of 2 of Remake) Place in the City of Dubuque, Dubuque County, Iowa as shown on the Grant of Easement for Sanitary Sewer Utility, from Half Moon, LLC, a copy of which is attached hereto. 3 Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolu- tion and easement with the Dubuque County Recorder. Passed, approved and adopted this 3rd day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Acceptance of Grant of Sanitary Sewer Utility Easement - 3225 Pennsylvania Ave- nue: City Manager recommending acceptance of a Grant of Sanitary Sewer Easement from Dubuque Senior Housing IV, LLC, for a permanent easement for sanitary sewer across part of 3225 Pennsylvania Avenue. Upon motion the documents were received and filed and Resolution No. 340-16 Accepting a Grant of Easement for Sanitary Sewer Through, over and across part of Lot 1 of Lange Estate, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 340-16 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 OF LANGE ESTATE, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Senior Housing IV, LLC has executed a Permanent Easement for Sanitary Sewer through, over and across Part of Lot 1 of Lange Estate in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa hereby approves of, accepts and consents to the Grant of Permanent Easement for Sanitary Sewer through, over and across Part of Lot 1 of Lange Estate in the City of Dubuque, Dubuque County, Iowa as shown on the Plat of Sanitary Sewer Easement recorded as Instrument No. 2016- 00011887 in the Dubuque County Recorder's Office, from Dubuque Senior Housing IV, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolu- tion and easement with the Dubuque County Recorder. Passed, approved and adopted this 3rd day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Upper Mississippi River - A Vital Resource for Regional Economic Prosperity Brochure: City Manager transmitting the Upper Mississippi River - A Vital Resource for Regional Economic Prosperity Brochure. Upon motion the documents were received and filed. 4 11. Friends of St. Mary's / Steeple Square - Fourth Amendment to Development Agreement: City Manager recommending approval of the Fourth Amendment to the De- velopment Agreement between the City of Dubuque and Friends of St. Mary's d/b/a Steeple Square for the property located at 1501 Jackson Street. Upon motion the doc- uments were received and filed and Resolution No. 341-16 Approving the Fourth Amendment to the Development Agreement between the City of Dubuque, Iowa and Friends of St. Mary's d/b/a Steeple Square was adopted. RESOLUTION NO. 341-16 APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF ST. MARY'S D/B/A STEEPLE SQUARE Whereas, the City of Dubuque (City) and Friends of St. Mary's d/b/a/Steeple Square (Developer) entered into a Development Agreement, dated May 2, 2016, and as amended by the First Amendment dated June 6, 2016, the second Amendment dated July 18, 2016, and the Third Amendment dated September 19, 2016, for the rehabilita- tion of 1501 Jackson Street, Dubuque, Iowa (the Property); and Whereas, the parties desire to amend the Development Agreement with respect to the closing date; and Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should approve to the Fourth Amendment to Development Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque hereby approves the Fourth Amendment to Development Agreement, a copy of which is attached hereto. Section 2. The Mayor is authorized and directed to sign the Fourth Amendment to Development Agreement of behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Friends of St. Mary's / Steeple Square - Collateral Assignment of Development Agreement: City Manager recommending approval of a Collateral Assignment of the Development Agreement for the 1501 Jackson Street project to Dubuque Bank & Trust. Upon motion the documents were received and filed and Resolution No. 342-16 Ap- proving Collateral Assignment of Development Agreement related to rehabilitation of 1501 Jackson Street was adopted. RESOLUTION NO. 342-16 APPROVING COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT RE- LATED TO REHABILITATION OF 1501 JACKSON STREET Whereas, the property at 1501 Jackson Street in Dubuque, Iowa (the Building) is owned by Friends of St. Mary's d/b/a Steeple Square (Owner); and Whereas, Owner and the City of Dubuque (City) have entered into a Development Agreement for the rehabilitation of the Building; and 5 Whereas, Owner has created a special purpose entity to facilitate the use of federal and state historic tax credits and other development programs in the rehabilitation pro- ject, to wit, Jackson Street School, LLC which is owned by Friends of St. Mary's d/b/a Steeple Square; and Whereas, the City Council has approved an assignment of the Development Agree- ment from Friends of St. Mary's d/b/a Steeple Square to Betty Building, LLC and the Subrecipient Agreement from Wilmac to Jackson Street School, LLC; and Whereas, Owner and Jackson Street School, LLC will enter into a loan agreement with Dubuque Bank & Trust Co. (DB&T) for additional funding for the Building and DB&T has requested that Jackson Street School, LLC sign a collateral Assignment of the Development Agreement to DB&T (the Assignment), which Assignment requires that City join in the Assignment; and Whereas, the City Council finds that the Assignment should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Assignment of the Development Agreement attached hereto is hereby approved. Section 2. The Mayor is authorized and directed to sign the Assignment of the Sub - recipient Agreement and Assignment of the Development Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Request for Professional Consulting Engineering Services: City Manager recom- mending authorization to seek proposals for qualified professional engineering consult- ants to assist the City in obtaining favorable financing for budgeted sanitary sewer and associated water main capital improvement projects through the State of Iowa's State Revolving Loan fund. Upon motion the documents were received, filed and approved. 14. Dubuque County General Relief Fund: City Manager recommending approval of Fiscal Year 2017 Water Leak Repair funds to provide Dubuque County a 50/50 match for payments from the Dubuque County General Relief Fund beginning in Fiscal Year 2017. Upon motion the documents were received, filed and approved. 15. "First Job" Recruiting and Hiring Compact: City Manager recommending approval for the City of Dubuque becoming a participant in the "First Job" Recruiting and Hiring Compact as part of the My Brother's Keeper initiative by signing on to the "First Job" Recruiting and Hiring Compact. Upon motion the documents were received, filed and approved. 16. Dubuque Racing Association Request to Refinance Existing DRA Loan: City Manager recommending approval of a request from Dubuque Racing Association Pres- ident and CEO Jesus Aviles to refinance the loan obligations coming due December 1, 2016. Upon motion the documents were received, filed and approved. 6 17. Alcohol Compliance Civil Penalty for Alcohol License Holder — Easy Street: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Easy Street, 30 Main Street. Upon motion the docu- ments were received, filed and approved. 18. Alcohol Compliance Civil Penalty for Alcohol License Holder — Holiday Inn Dubu- que Five Flags: City Manager recommending approval of the Acknowledg- ment/Settlement Agreement for an alcohol compliance violation for Holiday Inn Dubu- que Five Flags, 450 Main Street. Upon motion the documents were received, filed and approved. 19. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 343-16 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 343-16 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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Carlos O'Kelly's Mexican Cafe Dog House Lounge Europa Haus Restaurant and Bierstube Grand Tap The 1355 Associates Dr. 1646 Asbury Rd. 1301 Rhomberg Ave. 802 Central Ave. Class C Liquor (Catering) (Outdoor) (Sunday) Class C Liquor (Outdoor) (Sunday) Class C Liquor (Catering) Class C Liquor (Sunday) Huhot Mongolian Grill Hy -Vee Gas #2 Dubuque 555 J.F. Kennedy Rd #685 2435 NW Arterial Special Class C Liquor (Sun- day) Class C Beer, Class B Native Wine (Sunday) 7 L. May Loras College — Athletic and Wellness Center 1072 Main St. 1450 Alta Vista St. Class C Liquor , Class B Wine (Catering) (Outdoor) (Sunday) Class C Liquor (Catering) (Outdoor) (Sunday) Passed, approved and adopted this 3rd day of October 2016. Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Roy D. Buol, Mayor Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. 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). 2. Community Development Advisory Commission: One, 3 -year term through Febru- ary 15, 2017 (Vacant term of Craddieth, Low/Moderate Income Area Representative). Applicant: Sara Burley, 2622 Broadway St. (Qualifies as LMI Representative). Ms. Bur- ley spoke in support of her appointment. PUBLIC HEARINGS 1. Opening Doors - Partial Release of Mortgages: Proof of publication for notice of public hearing to consider the partial release of three mortgages granted by Opening Doors to the City of Dubuque and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 344-16 Resolution of Intent to dispose of an interest in real estate by Partial Release of certain mortgages granted by Opening Doors to the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 344-16 DISPOSING OF AN INTEREST IN REAL ESTATE BY PARTIAL RELEASE OF CER- TAIN MORTGAGES GRANTED BY OPENING DOORS TO THE CITY OF DUBUQUE, IOWA Whereas, Opening Doors, an Iowa nonprofit corporation, is the owner of Lot 2 of City Lot 493 in the City of Dubuque, Iowa; and Whereas, on November 22, 2011 Opening Doors granted to the City of Dubuque mortgages on City Lot 493 in the City of Dubuque, Iowa recorded as Instrument Nos. 2012-1350, 2012-1352, and 2012-1353 (the "Mortgages"). The Mortgages contained an incorrect legal description as Opening Doors owned only Lot 2 of City Lot 493 and not the balance of City Lot 493 (Lots 1 and 3 of City Lot 493); and Whereas, Opening Doors and Jackson Street School, LLC the owner of Lots 1 and 3 of City Lot 493, have requested that the Mortgages be released as to Lots 1 and 3; and 8 Whereas, on September 19, 2016, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in property by release of the Mortgages and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the release of the Mortgages. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa hereby approves the Partial Release of Mortgages disposing of the City's interest in real estate granted by Opening Doors to the City of Dubuque, Iowa. Section 2. The Mayor is hereby authorized and directed to execute the Partial Re- lease of Mortgages. Passed, approved and adopted this 3rd day of October, 2016. Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Roy D. Buol, Mayor Brenda Wickham, 1779 Chaney Road, addressed the City Council regarding her de- sire to allow dogs in Flora Park. ACTION ITEMS 1. Dubuque Regional Airport Parking Lot Repair Project 2016 Award: City Manager recommending award of the construction contract for the Dubuque Airport Parking Lot Repair Project 2016 to the low bidder Tom Kueter Construction Co., Inc. Motion by Lynch to receive and file the documents and adopt Resolution No. 345-16 Awarding the public improvement contract for the Dubuque Airport Parking Lot Repair Project 2016. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 345-16 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE AIRPORT PARKING LOT REPAIR PROJECT 2016 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, sealed proposals have been submitted by contractors for the Dubuque Air- port Parking Lot Repair Project 2016, (the Project) pursuant to Resolution No. 315-16 and Notice to Bidders published in the Master Builders of Iowa Plan Room on the 12th day of September, 2016. Whereas, said sealed proposals were opened and read on the 26th day of Septem- ber, 2016 and it has been determined that Tom Kueter Construction Co. Inc. of Peosta, Iowa with a bid in the amount of $76,587.60 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 9 That a Public Improvement Contract for the Project is hereby awarded to Tom Kueter Construction Co., Inc. and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 3rd day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. NW Arterial / Chavenelle Road Left Turn Lane Improvement Project Award: City Manager recommending award of the construction contract for the NW Arterial / Cha- venelle Road Turn Lane Improvement Project to the low bidder Eastern Iowa Excavat- ing & Concrete, LLC. Motion by Lynch to receive and file the documents and adopt Resolution No. 346-16 Awarding the public improvement contract for the Northwest Ar- terial / Chavenelle Intersection Left Turn Lane Improvement Project (Iowa DOT Project No. UST -032-1(49)--4A-31). Seconded by Rios. Responding to questions from the City Council, City Engineer Gus Psihoyos stated that he will inquire about the impact on the left turn lane from eastbound Hwy 20 onto northbound NW Arterial during the detour pe- riod. Motion carried 7-0. RESOLUTION NO. 346-16 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTHWEST ARTE- RIAL / CHAVENELLE INTERSECTION LEFT TURN LANE IMPROVEMENTS PRO- JECT; IOWA DOT PROJECT NO. UST -032-1(49)-4A-31 Whereas, sealed bid proposals have been submitted and received by contractors for the Northwest Arterial / Chavenelle Intersection Left Turn Lane Improvements Project, (the Project) pursuant to Resolution No. 313-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 14th day of September, 2016; and Whereas, said sealed bid proposals were opened and read on the 27th day of Sep- tember, 2016 and it has been determined that Eastern Iowa Excavating & Concrete, LLC of Cascade, Iowa, with a bid in the amount of $169,053.83 is the lowest respon- sive, responsible bidder for the Project; and Whereas, the Iowa Department of Transportation will cover 55% of eligible construc- tion costs using U -STEP funding, up to a maximum of $200,000, and the City would be responsible for 45% as local match in addition to engineering design and construction administration related costs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Eastern Io- wa Excavating & Concrete, LLC and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 3rd day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10 3. Park and Recreation Advisory Commission - Request to Change Washington Park Landscape Mode for Pest Management: Park and Recreation Advisory Commission recommending changing Washington Park from a "Mode 1" to a "Mode 2" Landscape in the Integrated Pest Management Program (IPM). Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 4-3 with Resnick, Del Toro and Buol voting nay. During discussion, Leisure Services Manager Marie Ware responded to questions from the City Council regarding the im- pact on staffing with increased hand work and line trimming and the appearance of green space in and around parks and playground equipment that are no longer chemi- cally maintained, increased public signage and education; and receipt of public com- ment. 4. Park and Recreation Advisory Commission - Fiscal Year 2018 Budget Priority List: Park and Recreation Advisory Commission submitting its Fiscal Year 2018 Budget Pri- orities for City Council consideration. Motion by Jones to receive and file. Seconded by Rios. City Council determined that this information will be considered through the Fiscal Year 2018 budget process. Motion carried 7-0. 5. Arts and Cultural Affairs Advisory Commission Master Plan Recommendation: The Arts and Cultural Affairs Advisory Commission recommending the acceptance of the Arts and Cultural Master Plan as submitted by Lord Cultural Resources. Motion by Con- nors to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-1 with Resnick voting nay. Arts Coordinator Debra Alleyne, Arts Commission members Sue Reidel and David Schmitz provided a slide presentation about the purpose, planning and process in developing the Arts and Culture Master Plan including: defined goals, priorities and strategies, promotion and support, policies and recommendations, and next steps. During discussion, the presenters responded to questions from the City Council regarding concerns over adding additional bureaucracy and staff, commission term limits, and changing the current successful process. City Manager Van Milligen stated that the recommendations come from the Commission and do not increase his level of authority adding that the recommendations outlined in the plan would come back to the Council for discussion and final approval. 6. Request for Work Session - Comprehensive Plan Quarterly Update: City Manager recommending the City Council schedule a work session on November 14, 2016 at 6:00 p.m. for the first quarterly update for Imagine Dubuque, the new City of Dubuque Com- prehensive Plan. Motion by Jones to receive and file the documents and schedule the work session as recommended. Seconded by Connors. Motion carried 7-0. 7. Request for Work Session - Source of Income Report: City Manager recommend- ing the City Council schedule a work session for November 28, 2016, at 6:00 p.m. for the Source of Income Committee to present their report. Motion by Jones to receive and file the documents and schedule the work session as recommended. Seconded by Connors. Motion carried 7-0. 11 COUNCIL MEMBER REPORTS Council Member Jones reported on the City receiving the 2016 Dubuque Main Street People's Choice Impact Award for the Historic Millwork District. CLOSED SESSION Motion by Jones to convene in closed session at 7:59 p.m. to discuss pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second- ed by Connors. Mayor Buol stated for the record that the attorney who will consult with the City Council on issues to be discussed in closed session is City Attorney Crenna Brumwell. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:51 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:52 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 12