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Proof of Publication_City Council Proceedings 10 03 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: October 12, 2016, and for which the charge is $226.40. C S%-4�444'V- Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of 11� , 20 /4� . Notary Public in and for Dubuque County, Iowa. Brantley for .vehicle- was adopted. file the documents and City receiving the 2016 damage; Donna Klein -13. Request for Pro- adopt„Resolution No. Dubuque Main” Street for property, damage, fessional Consulting 345-16 4'Awarding the People's Choice Impact, Upon motion the docu-. Engineering ,Services: ""public„ improvement Award for;:,the Historlc ,i i ments'were received,' City Manager, recom contractforthe'Dubu= Millwork District. ' I'filed"and referred to mending authorization que Airport Parking Lot ,CLOSED SESSION 1 the City'Attorney.: to seek proposals for Repair' Project 2016- Motion;.by loner to 3 Disposition of qualified •,'professional Seconded by '•Jones convene in closed ser i Claim"! City Attorney engineering consul- Motion-carried 7-Or Sion at 7:59 p m to,'dis j advisi&:-that"the fol- tants to assist the City' 2.NW Arterial/,Cha cuss'pending litigation lowing claims have in obtaining favorable Venelle Road Left Turn .and""property:"acgNisi- been referred to Public financing for,budgeted Lane Improvement '#ion pursuant to Chap- _ Entity Risk Services of sanitary sewer and as Project Award:'" City. ter 21.5(1)(:),-(j)Code Iowa,the agent for the sociated water main' Manager recommend- of Iowa. Seconded l by'i Iowa Communities`As capital . improvement ing award of the con-• Connors.`Mayor BUol •surance,.Pooh Aurum ,projects• through the .struction .contract,,for stated for the record 1 I,Brantley ,for, vehicle xState of lova'& tate the NW Arterial/Cha that•-the attorney who ,damage;..,-;Donna ;Klein Revolving" Loan fund, venelle Road Turn Lane will consult: with the hforol5roperty.:damage; .Upow otion the docu Improvement•''Project .,City Council on issues'! Clara Neealy,for vehi- ments were;received, toile low bidder East- to be discussed .in cle damage. Upon mo- filed and approved. ern Iowa Excavating & closed session is City tion the. documents 14. Dubuque County Concrete, LLC. Motion Attorney Crenna Brum were, received, filed General Relief Fund: by Lynch to receide' well.Motion carried 7-0. andconcurred: " City,Manager" recom- and file the.documerits Upon motion the City 4,•International Day,of mending approval I of and adopt Resolution Council reconvened in; Peace Recognition of Fiscal Year 2017 Water No., 346-16' Awarding' open session at 8:51 ! City Employees: City Leak Repaircfunds' to the public improve p:m. stating that staff Manager transmitting provide. Dubuque ' ment contract:for the had been,given,proper; information about Hu- County A 50/50 match Northwest' Arterial / direction. man Rights Director for payments from the Chavdnelle Intersec- There being no fur Kelly Larson and Cir- Dubuque County Gen tion Left Turn'Lane Im- ther -business; upon Iles Coach Ermina eral Relief Fund begin- provement Project(Io- motion the City Council; Soler receiving recog- Hing in; Fiscal' Year•.; wa 60T Project No.' adjourn edat852p:m. nit(o0 from Dubuque's "2017 Upon motion the :UST-032-1(49)-4A-31). /s/Kevin S Fir,.nstahL International Day' of ,documents were re•,.Seconded by Rios. Re CMC C'k -lerk' Peace Committee: ceived, filed and ap sponding to:questions' It 10421 Upon motion the docu- proved. from the City Councils - - ments were, received •15:"First Job Recruit City ;.'Engineer Gus, and filed.'' Ing`and Hiring Com- Psihoyos stated that he; 5. Dubuque Fire.De- pact City';Manager will•inquire about the partment '- 2016 Mis- recommending" appro impact on the left turn jon:Lifeline°EMS Sil- val for the City of Du lane from eastbound ver Award: The Dubu= buque,becoming a par. HWY.,2. onto north que Fire Department ticipant in iihe "First bound NW Arterial dur received.a 2016 Mis Job" Recruiting .and ing the detour period.. siom"LifelineO EMS Sik Hiring Compact as part- Motion carried 7.0. ver Award from the: of the My Brother's 3. Park and Recrea- American HeartAssoci " Keeper initiative by' tion Advisory Commis ation for implementing signing on'to:the"Firstsion Request,• to, duality :.improvement Job' Recruiting ,and Change Wasijngton mmeasures:f&the,treat- ,Hiring•CoCompact. ,Upon Park Landscape:Mode ent of patients who motion the documents for Pest Management: experience severe \yere received filed Park and Recreation heart` attadks Motioh and"approved Advisory C6mmissipn_ by Jones to receiV.6Antl 16:-,puliuque'Racing tecommerlding 'chang- file`�Seconded by,Con Association,Request to ing Washington Park,< nors Jones recognlz'ed Refinance Existing DRA; from a' Mode 1' to is Fire Department staff Loan Clty.•, Manager.. Mode 2" Landscape iii for their achievement recommending appro-; the Integrated;,! Pest Motion earned 7 0 val of a request from Management Program j 6 Pooi.Assessment Dubuque acing so: (IPM) Motion.by Con Study Consultant'`"Se= dation• President and nors to`receive.and file, CITY OF DUBUQUE, lection. Manager CEO Jesus'Aviles to re; the documents and 4iY IOWA recommending 'appro finance,theloanopliga prove _the .recoipmen CITY COUNCIL s ' val of the election of tions coming due Doi i?x PROCEEDINGS : ". MSAProfes'sionabServ- :ember, 1, 2016."Upon` Jones +Motiorr'carned:' REGULAR SESSION ices,Inc.to complete a, motion the documents- 4y3 with Resnick Del_ The Dubuque City `facilityassessmentand were received, filed Toro "and Buol"voting: Council met m"regular.' report (Tasks 1A andl and approved nay During discussion, session at 6 00 p m on; ;1B) for both the Flora 17 'Alcohol Comph" ,Leisure.Services; Man October 3 2016`m the: and Sutton Pools.Upon ance Civil Penalty for ager ;Mane Ware re Historic Fede7ai BUild motion the documents Alcohol License Holder; sponded to gUe`stions' I -g 350 W 6th.Street were received filed Easy Street_City Man- from'the City Connell, 1 i Pre"sent Mayor BuBuol,- andapproved, "ager recommending' regarding tire,-irhpact Coun`c'il Mempers.Con• ' Z Acceptance.of In appeoval :of the•:, on` staffing with-;in- nors,:Del Toro;;:°Jones„ gress and Egress Ease- 'Acknowledgment/Set-. creased'hand work alid`' Lyneh;' Resnick;•,Rios; merit - 3080 Cedar tlement Agreement for he trimming'anTAhe City `Manager." Van Crest Cqurt City.Man- an alcohol compliance; appearance of;green Milligen City`Attorney ager 'recommending ;violation for" Easy space';m and around'. Brumwell acceptance of'a Grant Street,30 Main Street;; parks•.antl playground Mayor Buol read the of,Ingress and Egress .Upon'motion,the docu equipment that-;are no' call"arid stated this is a Easement over proper-, merits were:received;' lo1.nger';: chemically'' regular sessionof the ty at 3080"Cedar`Crest filed and approved. maintained, increased, CityCouncil called„for. Court.Upon motion the 18, Alcohol Compli: pubhc,'signage;and ed the purpose of, con; documents were_re ance Civil Penalty for- ucation,and receipt of ducting such business, ceived and filed and• Alcohol License Holder` pubiiccommentc that may,,. properly Resolution No ,338 16, -•Holiday Inn'Dubuque; 4 Park and Recrea' ” coMepefore�tlie Clty„, Accepting 'a Grant of- Five Flags:-CityManag= tion AdVispry.Commis Council Ingress andL Egress er recommending ap-: sion =Fiscal,Year 2018' APLEDGE OF Easement through; proval of the Acknow Budgef; Priority: List.. LLEGIANCE over and across`pait of ledgment/S,ettlement, ParkRecreation Mayor Bub]welcomed Lot 2 of Lot 3 of Gedar" Agreement for an alto-" Advisory Commission; recently"'appointed City, Ridge Farm Place No.7, hoL compliance viola- " submitting its,:Fiscal` Attorney Ctenna Brum in the City of Dubuque, .tion for Holiday Inn Du- Year.2018 Budget Pri well.. j ;,• Iowa was adopted. buque Five Flags, 450 °titles;for City Council PiRESENTATtON(S) ( 8.Acceptance of per- Main,Street..Upon mo consideration. Motion.{ 1. International Eco'- manent:Easement for tion the: documents by Jones to receive and 'Com Development Sanitary Se"wet =<4825 were received, filed file.Seconded,by Rios. Council 2016 Leader- Asbury Road: City and approved. City ;Council:. deter-' ,ship :Award was pre- Manager;'-recommend- ;39 "'Alcohol License mined.that this.infor=. rented to MayorRoy D.' Ing acceptance•`of a Applications;City Man= . mation`will-be.'consid-. :Buol by RickDickinson; Grant of:Sanita'ry Sew ager recommending "ere,through the Fiscal' 'Executive Director and ertasement from=.Half approval :of annual Year 2018 budget pros- 'CEO ofAreater;Dubu .,Moon,LLC�for a,perMa_- beer, liquor and wine ess.Motion carried 7-0.' qu1.e,DevelopmenbCorp nrnent .sanitary sewer. •,licenses las siJbMittedj "i 5 Arts and Qujtural 2 TOAs)MCDdllald 3^easemen4:across'"4825 n'Upon?tlb"4i1"t"the db6cf=v~`Affairs''Advisory:;Com Safety >> ',(ISRMSA)'i Asbury Road.Upon.mo,; ments Were received mission Master Plan Award: CIviI Engineer tion the documents "and filed and Resolu Recommendation. The Jon Dienst presented" -were received andfiled tion No.343-16 Approv- Arts and Cultural Af- thp.7 Tom McDonald and Resnlutinn'Nn '339 inti" aonlinatinnc _fnr fnim Arivicnry rnmmic Safety .>>N iy' aQ,gLQiy 'ewer mcpenses as suomitteq + 5 its and Cultural 2. TrntitvMoDorsdd 'easementbacross''4825n U"on fribt(bii^tlie dbd�{ Affai s'`Advisory'Com,;::, Y (IShMSA) Asbury Road.Upon mo,.; meets were-xecelved,,�-mission Master an Award: Civil Engineer tion the documents- and filed and Resolu Recommendation: The Jori Dienst ,presented- were received and;f(led tion No.343-16 ApproV- Arts and Cultural Af the Tom'. McDonald .and Resolution No 33 t97 ing applications, for fairs Advisory Commis- Safety Award from the 16 Accepting a Grant of beer; liquor and/or. sion recommending Iowa Streets and Road Ease t�(S6mtary wine permits; as re',. the acceptance of the Maintenance Super4l=" $ewe�tii o gh oven �gUlred by City'of Dubu-`''Arts and Cultural Mas- sots Association and across:part.of Lot 1 queCode of Ordinari ter Plan as submitted' (ISRMS'A) recognizing of 2 of Remakel Place,` ces Title 4 'Business by Lord Cultural Re-- the City of Dubuque for in the C(ty,of Dubuque, and License; Regula=` sources:. Motion by the Grandview Ave Iowa was adopted: tions,Chapter2:Liquor Connors to receive and'. nue/Delhi Street/Grace 9 :Acceptance of Control, Article'B Liq file"the,documents,and. Street Roundabout Grant of.Sanitary Sew 4.yor, Beer and;Wine"Li approve- the recom-.' Project. er Utility`Easement - "cen.ses and Permits mendation. Seconded':: PROCLAMATIONS) 3225 Pennsylvania Ave- was adopted, by Jones:Motion car ; 1.Keeping the Lights. nue:City Manager rec BOARDS/ ried 6-1 with Resnick,' on After School pay ommending accept COINMISSIONS. voting nay.,Arts.Coor-: (October 13 2b16j was ance of a Grant of Sagi Applibants were inVit dinator Debra Alleyne,' accepted by ;`Beth tary Sewer Easement ed;to address the City, Arts Commission mem McGorry of St`>Mark from Dubuque Senior .'Council regarding their = bers Sue Reidel`: and Youth, Enactment, Housing-.L�; LLC;for-a ,desire to serve on the David,Schmitz provid-� 12011''ocust Street. permanent- easement following Boards/Com- ed a slide presentation 2.INpite-Cane Safety. for sanitary sewer missions. about 'the purpose,.` b Day(066ber.15,12016) across part of 3225 1 Building Code and planning and process: .was accepted by Judy Pennsylvania Avenue. . Advisory Appeals`- (n developing the-Arts Jac,6bs and ;'Mary Upon motion the docu- Board: One, 3-year and Culture Master Bargas on behalf of Tri; ments were received term through August l; Plan including: defined! State Blind Society,and and filed and Resolu- 2019`(Vacant;term of goals,,,'i5riorities and-' Dubuque Association tion No,340-16 Accept- Kolf, Architect/Engi- strategies, promotion i for the Blind respec ing a Grant of Ease- neer' Representative)."; and-support, policies tively, 3333 Asbury ment for Sanitary Sew- Applicant: Benjamin " and"recommendations, Road: or Through, over and. Beard (Qualifies as and next steps.-During 3.GentlemanDay(Oc- apross part of Lot 1 of Architect/Engineer discussion, the pre- tober 19,2016)was ac- Lange Estate, in the Representative), senters ;responded to cepted by;Nelly Hill of; City of Dubuque ,Iowa 2._Community Devel- questions from the_City Waypoint Services Du Was adopted opment Advisory Com"" Council`regarding:con-- buque „`452 -i,W 4th 10 Upper Mississippi mission One; 3.year ceras over adding'ad Street Riyer A Vital Resource term..through February) ditional,,. bureaucracy 4.Tr6-or-Treat Night for.r Regional Economic 15, 2017, (Vacant.term and staff ,co, , issibri (October 31,2016)was Prospenty Brochure: of Craddieth; LoW/ term.hmits and ch ­-i accepted by Mayor Roy,. City Manager transmit-""`Moderate Income Area ing .thee`,icurrent'.isuc D.Buol: til.", Upper Miss'is- Representative): Appli cessful process:.;City. 5.".Chaplain Aloysius' sippi River:-A Vital Re- cant;Sara Burley,2622 Manager'.Va,n Mil igen Schmitt Week(October source for Regional " Broadway St.(Qualifies stated ttigf the-recom 3-7;2016),was accept-,,' Economic Prosperity as. IMI Representa, 'mendations come from ed by Dick Bridges,' Brochure.Upon motion five)'Ms.Burley spoke" the Commission and do Past Commander, the documents were in, supportof her ap- not increase his•"level; American Legion':Post received and filed. po(ritment." of" autt o'rity `atJdinq 6,1306 Delttl,Sfreet li. 'Friends of St. PUBLIC HEARINGS that the'recommenda 6. Arts and Humam . Mary's'/Steeple Square 1.Opening'Doors - -.:tions outlined m he. ties' Month (October. -Fourth Arriendment to Partial Release of ''plan"would come Back` 2016),Was accepted by Development Agree- Mortgages: Proof of ,t' t Council for lis Arts and Cultural Af-, meet:• City Manager publication for notice .cussion;and finalap;;; fairs' Commissioners recommending appro- of-public hearing to ;;proval Ellen Henkels, Susan, val of the-, Fourth•' consider the partial re 6 Request'for Work; Reidei,"David Schmitz, A" endment to the Do- ,lease.ofthree mortgag ,Session'.= Comprehen=; and Mary Armstrong : velopment Agreement es granted by Opening , sive Plan QuarteHy',Up; 7.Make-a-Will Month between:thor City of Doors-to the City,of Du , date City Manager, (October 2016)was ac- Dubuque and Friends buque and the City . recommending theCity; cepted by Make-a-Will of St. Mary's d/b/a Manager recommend-, Coyncil schedule` a: Month Committee, Steeple Square for the ing approval `:Motion work session Members `Susan Hen + property =located at by Connors to:receiye =vember;l4,2016 at`6:00' ricks, David Schmitz; 1501 Jackson"',Stre`e`t. and file the'documents' :p m..for,:fhe,first=!guar`' and.Ric.J.ones Upon motion the docu- and adopt'Resolution terly update for Imag- CONSENT ITEMS `- ments were received No. 344-16 Resolution ine Dubuque, the new Motion by Lynch,to and filed and Resolu- of Intent to dispose of City ofDubuqueCom- receive `and file. the,' tion No.341.16 Approv- an interest in real es- prehensive Plan. Mo- documents,"adopt the ing the Fourth Amend tate by Parl:W,-Release,:' tion by"Jones.to,receive. resolutions and" dis meet to'.the Develop of 'certain",mortgages and'file;the documents` pose of as indicated' meet Agreement" be- granted. by- Opening and schedule the work Seconded by Resnick• tween the,City of"Du- Doors't6 the City of Du- >session >as r"ecom-,j Council Mdrriber-Jones` buque, Iowa and buque,Iowa.Seconded mended.Seconded by l requested . be,heltl: Friends of,'St..Mary's by Lynch. Motion car- `Connors."Motion car- f. or separate dlsous 'd/b/a>Steeple Square ried 7-,0. ried 7-0. sion Motion carried'?0. was adopted PUBLIC INPUT 7. Request for Work; 1 -Minutes and Re 12: Friends of, St. Brenda 'Wickhai i, Session-Source:of In- ports Submitted;'City Mary's/Steeple Square 1779 Chaney Road,ad- come Report City;i Council Pr`oceed(ngs -Collateral Assignment dressed the City Coun 'Manager recommend- 9 l% Civil Service of Development Agree- cil regarding her desire ';ing the City Council Commission of '8/9; ment: City Manager to allow dogs,'in Flora `schedule a work'ses- 9/26;'Sister 'City Rela recommending appro-' Park. ion for'November 28; tionships Advisory vat bf a Collateral As- ACTION ITEMS 2016;.at 6:00 p.m: for Commission of 9/14; signment of"the Devel- 1. DiabUuue Regional '.'the Source of Income Proofs of 'Publication opment Agreement for Airport Parkin g.Lot Re :Committee to present on City`Council'`Pro the 15011ackson Street pair Projecf 2016 , herr-report Motion by l ceedings"of 9/6, 9/12; project to' Dubuque Award: City,Manager Jones to, receive`and.` Proof of Publication for Bank , Trust :Upon recommending award #Ile the documents and List of Claims and Sum motion the;documenfs of, the construction schedule the work Ses- 1 k mary of,_Revenues for were received,and filed contract for tt'6'Dubu- 'sion as'.'recommended. Ir Month Ending . 8/31. and Resolution No.342- .que Airport Parking Lot Seconded'by Connors., Upon motion the docu- '16 Approving;Collateral Repair_Project,,2016 to 'tVlotiop carried 74 meets were received Assignment:of- bevel- the clow 6(dder- Tom ,';.000NCILMEMBER �4` and filed: opment•Agreement..re- Kueteri ,Consfruction, REPORTS r' 2. Notice of, Claims lated to',rehabilitation Co, rinc . Motion;iby.• ` + Council Member>. and Suits: Marvin' of 4501nJackson Sfreet Lyndh; to i receive r and' Janes reported'on`ttie' i 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: October 12, 2016, and for which the charge is $226.40. S 4,„ Ptiv Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this la day of , 20 /6 . Notary Public in and for Dubuque County, Iowa. hPpn•t t } K. WCS ° ERME'a ER F i sior Numbor 154885 FEB, 1, 2017 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on October 3, 2016 in the Historic Federal Build- ing, 350 W. 6th Street. Present: Mayor Buol; Council Members Con- nors, 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 con- ducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE Mayor Buol welcomed recently appointed City Attorney Crenna Brum- well. PRESENTATION(S) 1. International Eco- nomic Development Council 2016 Leader- ship Award was pre- sented to Mayor Roy D. Buol by Rick Dickinson, Executive Director and CEO of Greater Dubu- que 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 Supervi- sors Association (ISRMSA) recognizing the City of Dubuque for the Grandview Ave- nue/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 Bargas on behalf of Tri- State Blind Society and Dubuque Association for the Blind respec- tively, 3333 Asbury Road. 3. Gentleman Day (Oc- tober 19, 2016) was ac- cepted by: Nelly Hill of Waypoint Services Du- buque, 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 accept- ed by Dick Bridges, Past Commander, American Legion Post 6, 1306 Delhi Street. 6. Arts and Humani- ties 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 ac- cepted by Make -a -Will Month Committee Members Susan Hen - ricks, David Schmitz, and Ric Jones. CONSENT ITEMS Motion by Lynch to Brantley for vehicle damage; Donna Klein for property damage. Upon motion the docu- ments were received, filed and referred to the City Attorney. 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: Marvin Brantley for vehicle damage; Donna Klein for property damage; Ciara Neealy for vehi- cle damage. Upon mo- tion the documents were received, filed and concurred. 4. International Day of Peace Recognition of City Employees: City Manager transmitting information about Hu- man Rights Director Kelly Larson and Cir- cles Coach Ermina Soler receiving recog- nition from Dubuque's International Day of Peace Committee. Upon motion the docu- ments were received and filed. 5. Dubuque Fire De- partment - 2016 Mis- sion: Lifeline® EMS Sil- ver Award: The Dubu- que Fire Department received a 2016 Mis- sion: Lifeline® EMS Sil- ver Award from the American Heart Associ- ation for implementing quality improvement measures for the treat- ment of patients who experience severe heart attacks. Motion by Jones to receive and file. Seconded by Con- nors. Jones recognized Fire Department staff for their achievement. Motion carried 7-0. 6. Pool Assessment Study Consultant Se- lection: City Manager recommending appro- val of the selection of MSA Professional Serv- ices, Inc. to complete a facility assessment 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 In- gress and Egress Ease- ment - 3080 Cedar CreSt Court: City Man- ager recommending acceptance of a Grant of Ingress and Egress Easement over proper- ty at 3080 Cedar Crest Court. Upon motion the documents were re- ceived 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. 8. Acceptance of Per- manent Easement for Sanitary Sewer - 4825 Asbury Road: City Manager recommend- ing acceptance of a Grant of Sanitary Sew- er Easement from Half Moon, LLC for a perma- nent sanitary sewer easement across 4825 Asbury Road. Upon mo- tion 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 Remakel Place, in the City of Dubuque, Iowa was adopted. 9. Acceptance of Grant of Sanitary Sew- er Utility Easement - 3225 Pennsylvania Ave- nue: City Manager rec- ommending accept- ance of a Grant of Sani- tary Sewer Easement from Dubuque Senior Housing IV, LLC, for a permanent easement for sanitary sewer across part of 3225 Pennsylvania Avenue. Upon motion the docu- ments were received and filed and Resolu- tion No. 340-16 Accept- ing a Grant of Ease- ment for Sanitary Sew- er Through, over and across part of Lot 1 of Lange Estate, in the City of Dubuque, Iowa was adopted. 10. Upper Mississippi River - A Vital Resource for Regional Economic Prosperity Brochure: City Manager transmit- ting the Upper Missis- sippi River - A Vital Re- source for Regional Economic Prosperity Brochure. Upon motion the documents were received and filed. 11. Friends of St. Mary's / Steeple Square - Fourth Amendment to Development Agree- ment: City Manager recommending appro- val 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 docu- ments were received and filed and Resolu- was adopted. 13. Request for Pro- fessional Consulting Engineering Services: City Manager recom- mending authorization to seek proposals for qualified professional engineering consul- tants to assist the City in obtaining favorable financing for budgeted sanitary sewer and as- sociated water main capital improvement projects through the State of Iowa's State Revolving Loan fund. Upon motion the docu- ments were received, filed and approved. 14. Dubuque County General Relief Fund: City Manager recom- mending approval of Fiscal Year 2017 Water Leak Repair funds to provide Dubuque County a 50/50 match for payments from the Dubuque County Gen- eral Relief Fund begin- ning in Fiscal Year 2017. Upon motion the documents were re- ceived, filed and ap- proved. 15. "First Job" Recruit- ing and Hiring Com- pact: City Manager recommending appro- val for the City of Du- buque becoming a par- ticipant 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 appro- val of a request from Dubuque Racing Asso- ciation President and CEO Jesus Aviles to re- finance the loan obliga- tions coming due De- cember 1, 2016. Upon motion the documents were received, filed and approved. 17. Alcohol Compli- ance Civil Penalty for Alcohol License Holder - Easy Street: City Man- ager recommending approval of the Acknowledgment/Set- tlement Agreement for an alcohol compliance violation for Easy Street, 30 Main Street. Upon motion the docu- ments were received, filed and approved. 18. Alcohol Compli- ance Civil Penalty for Alcohol License Holder - Holiday Inn Dubuque Five Flags: City Manag- er recommending ap- proval of the Acknow- ledgment/Settlement Agreement for an alco- hol compliance viola- tion for Holiday Inn Du- buque Five Flags, 450 Main Street. Upon mo- tion the documents were received, filed and approved. 19. 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. 343-16 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. BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Com- missions. 1. Building Code and Advisory Appeals Board: One, 3-year term through August 1, 2019 (Vacant term of Kolf, Architect/Engi- neer Representative). Applicant: Benjamin Beard (Qualifies as Architect/Engineer Representative). 2. Community Devel- opment Advisory Com- mission: One, 3-year term through February 15, 2017 (Vacant term of Craddieth, Low/ Moderate Income Area Representative). Appli- cant: Sara Burley, 2622 Broadway St. (Qualifies as LMI Representa- tive). Ms. Burley spoke in support of her ap- pointment. PUBLIC HEARINGS 1. Opening Doors - Partial Release of Mortgages: Proof of publication for notice of public hearing to consider the partial re- lease of three mortgag- es granted by Opening Doors to the City of Du- buque and the City Manager recommend- ing approval. Motion by Connors to receive and file the documents and adopt Resolution No. 344-16 Resolution of Intent to dispose of file the documents and adopt Resolution No. 345-16 Awarding the public improvement contract for the Dubu- que Airport Parking Lot Repair Project 2016. Seconded by Jones. Motion carried 7-0. 2. NW Arterial / Cha- venelle Road Left Turn Lane Improvement Project Award: City Manager recommend- ing award of the con- struction contract for the NW Arterial / Cha- venelle Road Turn Lane Improvement Project to the low bidder East- ern Iowa Excavating & Concrete, LLC. Motion by Lynch, to receive and file the documents and adopt Resolution No. 346-16 Awarding the public improve- ment contract for the Northwest Arterial / Chavenelle Intersec- tion Left Turn Lane Im- provement Project (Io- wa DOT Project No. UST-032-1(49)--4A-31). Seconded by Rios. Re- sponding 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 north- bound NW Arterial dur- ing the detour period. Motion carried 7-0. 3. Park and Recrea- tion Advisory Commis- sion - Request to Change Washington Park Landscape Mode for Pest Management: Park and Recreation Advisory Commission recommending chang- ing Washington Park from a "Mode 1" to a "Mode 2" Landscape in the Integrated Pest Management Program (IPM). Motion by Con- nors to receive and file the documents and ap- prove the recommen- dation. Seconded by Jones. Motion carried 4-3 with Resnick, Del Toro and Buol voting nay. During discussion, Leisure Services Man- ager Marie Ware re- sponded to questions from the City Council regarding the impact on staffing with in- creased hand work and line trimming and the appearance of green space in and around parks and playground equipment that are no longer chemically maintained, increased public signage and ed- ucation; and receipt of public comment. 4. Park and Recrea- tion Advisory Commis- sion - 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 deter- mined that this infor- mation will be consid- ered through the Fiscal Year 2018 budget proc- ess. Motion carried 7-0. 5. Arts and Cultural Affairs Advisory Com- mission Master Plan Recommendation: The Arts and Cultural Af- fairs Advisory Commis- sion recommending the acceptance of the Arts and Cultural Mas- ter Plan as submitted by Lord Cultural Re- sources. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Jones. Motion car- ried 6-1 with Resnick voting nay. Arts Coor- dinator Debra Alleyne, Arts Commission mem- bers Sue Reidel and David Schmitz provid- ed 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 pre- senters responded to questions from the City Council regarding con- cerns over adding ad- ditional bureaucracy and staff, commission term limits, and chang- ing the current suc- cessful process. City Manager Van Milligen stated that the recom- mendations come from the Commission and do not increase his level of authority adding that the recommenda- tions outlined in the plan would come back to the Council for dis- cussion and final ap- proval. 6. Request for Work Session - Comprehen- sive Plan Quarterly Up- date: City Manager recommending the City Council schedule a work session on No- vember 14, 2016 at 6:00 p.m. for the first quar- terly update for Imag- ine Dubuque, the new City of Dubuque Com- 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 ses- sion at 7:59 p.m. to dis- cuss pending litigation and property acquisi- tion pursuant to Chap- ter 21.5(1)(c), -(j) Code of Iowa. Seconded 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 Brum- well. 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 fur- ther business, upon motion the City Council adjourned at 8:52 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk It 10/12 file. Seconder! by CSPI Association Request to iy vvawilloywu�.� nors. Jones recognized Refinance Existing DRA from a "Mode 1" to a Fire Department staff Loan: City Manager "Mode Integrated s Landscape Pest for their achievement. recommending appro- Motion carried 7-0. val of a request from Management Program Dubuque Racing Asso- (IPM). Motion by Con- 6. Pool Assessment Study Consultant Se - CITY OF DUBUQ.UE, lection: City Manager IOWA recommending appro- CITY COUNCIL val of the selection of PROCEEDINGS MSA Professional Serv- REGULAR SESSION ices, Inc. to complete a The Dubuque City facility assessment and Council met in regular report (Tasks 1A and session at 6:00 p.m. on 1B) for both the Flora October 3, 2016 in the and Sutton Pools. Upon Historic Federal Build- motion the documents ing, 350 W. 6th Street. were received, filed Present: Mayor Buol; and approved. Council Members Con- 7. Acceptance of In- nors, Del Toro, Jones, gress and Egress Ease - Lynch, Resnick, Rios; ment - 3080 Cedar City Manager Van Crest Court: City Man- Milligen, City Attorney ager recommending Brumwell acceptance of a Grant Mayor Buol read the of Ingress and Egress call and stated this is a Easement over proper - regular session of the ty at 3080 Cedar Crest City Council called for Court. Upon motion the the purpose of con- documents were re - ducting such business ceived and filed and that may properly Resolution No. 338-16 come before the City Accepting a Grant of Council. Ingress and Egress PLEDGE OF Easement through, ALLEGIANCE over and across part of Mayor Buol welcomed Lot 2 of Lot 3 of Cedar recently appointed City Ridge Farm Place No. 7, Attorney Crenna Brum- in the City of Dubuque, well. Iowa was adopted. PRESENTATION(S) 8. Acceptance of Per- 1. International Eco- manent Easement for nomic Development Sanitary Sewer - 4825 Council 2016 Leader- Asbury Road: City ship Award was pre- Manager recommend- sented to Mayor Roy D. ing acceptance of a Buol by Rick Dickinson, Grant of Sanitary Sew - Executive Director and er Easement from Half CEO of Greater Dubu- Moon, LLC for a perma- que Development Corp. nent sanitary sewer 2. Tom McDonald easement across 4825 Safety (ISRMSA) Asbury Road. Upon mo- ments were received mission Master Plan Award: Civil Engineer tion the documents and filed and Resolu- Recommendation: The Jon Dienst presented were received and filed tion No. 343-16 Approv- Arts and Cultural Af- the Tom McDonald and Resolution No. 339- ing applications for fairs Advisory Commis - Safety Award from the 16 Accepting a Grant of beer, liquor, and/or sion recommending Iowa Streets and Road Easement for Sanitary wine permits, .as re- the acceptance of the Maintenance Supervi- Sewer through, over quired by City of Dubu- Arts and Cultural Mas- sors Association and across part of Lot 1 que Code of Ordinan- ter Plan as submitted (ISRMSA) recognizing of 2 of Remakel Place, ces Title 4 Business by Lord Cultural Re - the City of Dubuque for in the City of Dubuque, and License Regula- sources. Motion by the Grandview Ave- Iowa was adopted. tions, Chapter 2 Liquor Connors to receive and nue/Delhi Street/Grace 9. Acceptance of Control, Article B Liq- file the documents and Street Roundabout Grant of Sanitary Sew- uor, Beer and Wine Li- approve the recom- Project. er Utility Easement - censes and Permits mendation. Seconded PROCLAMATION(S) 3225 Pennsylvania Ave- was adopted. by Jones. Motion car- 1. Keeping the Lights nue: City Manager rec- BOARDS/ ried 6-1 with Resnick on After School Day ommending accept- COMMISSIONS voting nay. Arts Coor- (October 13, 2016) was ance of a Grant of Sani- Applicants were invit- dinator Debra Alleyne, accepted by Beth tary Sewer Easement ed to address the City Arts Commission mem- McGorry of St. Mark from Dubuque Senior Council regarding their bers Sue Reidel and Youth Enrichment, Housing IV, LLC, for a desire to serve on the David Schmitz provid- 1201 Locust Street. permanent easement following Boards/Com- ed a slide presentation 2. White Cane Safety for sanitary sewer missions. about the purpose, Day (October 15, 2016) across part of 3225 1. Building Code and planning and process was accepted by Judy Pennsylvania Avenue. Advisory Appeals in developing the Arts Jacobs and Mary Upon motion the docu- Board: One, 3-year and Culture Master Bargas on behalf of Tri- ments were received term through August 1, Plan including: defined State Blind Society and and filed and Resolu- 2019 (Vacant term of goals, priorities and Dubuque Association tion No. 340-16 Accept- Kolf, Architect/Engi- strategies, promotion ing a Grant of Ease- neer Representative). and support, policies ment for Sanitary Sew- Applicant: Benjamin and recommendations, er Through, over and Beard (Qualifies as and next steps. During across part of Lot 1 of Architect/Engineer discussion, the pre - Lange Estate, in the Representative). senters responded to City of Dubuque, Iowa 2. Community Devel- questions from the City was adopted. opment Advisory Com- Council regarding con- 10. Upper Mississippi mission: One, 3-year cerns over adding ad - River - A Vital Resource term through February ditional bureaucracy for Regional Economic 15, 2017 (Vacant term and staff, commission Prosperity Brochure: of Craddieth, Low/ term limits, and chang- City Manager transmit- Moderate Income Area ing the current suc- ting the Upper Missis- Representative). Appli- cessful process. City sippi River - A Vital Re- cant: Sara Burley, 2622 Manager Van Milligen source for Regional Broadway St. (Qualifies stated that the recom- Economic Prosperity as LMI Representa- mendations come from Brochure. Upon motion tive). Ms. Burley spoke the Commission and do the documents were in support of her ap- not increase his level received and filed. pointment. of authority adding 11. Friends of St. PUBLIC HEARINGS that the recommenda- Mary's / Steeple Square 1. Opening Doors - tions outlined in the - Fourth Amendment to Partial Release of plan would come back Mortgages: Proof of to the Council for dis- publication for notice cussion and final ap- of public hearing_ to proval. consider the partial re- 6. Request for Work lease of three mortgag- Session - Comprehen- es granted by Opening sive Plan Quarterly Up - Doors to the City of Du- date: City Manager buque and the City recommending the City Manager recommend- Council schedule a ing approval. Motion work session on No - by Connors to receive vember 14, 2016 at 6:00 and file the documents p.m. for the first guar - and adopt Resolution terly update for lmag- No. 344-16 Resolution ine Dubuque, the new of Intent to dispose of City of Dubuque Com- an interest in real es- prehensive Plan. Mo- tate by Partial Release" tion by Jones to receive of certain mortgages and file the documents granted by Opening and schedule the work Doors to the City of Du- session as recom- buque, Iowa. Seconded mended. Seconded by by Lynch. Motion car- Connors. Motion car- ried 7-0. ried 7-0. PUBLIC INPUT 7. Request for Work Brenda Wickham, Session - Source of In- 1779 Chaney Road, ad- come Report: City for the Blind respec- tively, 3333 Asbury Road. 3. Gentleman Day (Oc- tober 19, 2016) was ac- cepted by: Nelly Hill of Waypoint Services Du- buque, 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 accept- ed by Dick Bridges, Past Commander, American Legion Post 6, 1306 Delhi Street. 6. Arts and Humani- ties Month (October 2016) was accepted by Development Agree - Arts and Cultural Af- ment: City Manager fairs Commissioners recommending appro- Ellen Henkels, Susan val of the Fourth Reidel, David Schmitz, Amendment to the De - and Mary Armstrong velopment Agreement 7. Make -a -Will Month between the City of (October 2016) was ac- Dubuque and Friends cepted by Make -a -Will of St. Mary's d/b/a Month Committee Steeple Square for the Members Susan Hen- property located at ricks, David Schmitz, 1501 Jackson Street. and Ric Jones. Upon motion the docu- CONSENT ITEMS ments were received Motion by Lynch to and filed and Resolu- receive and file the tion No. 341-16 Approv- documents, adopt the ing the Fourth Amend - resolutions, and dis- ment to the Develop - pose of as indicated. ment Agreement be - Seconded by Resnick. tween the City of Du - Council Member Jones buque, Iowa and requested #5 be held Friends of St. Mary's for separate discus- d/b/a Steeple Square sion. Motion carried 7-0. was adopted. 1. Minutes and Re- 12. Friends of St. ports Submitted: City Mary's / Steeple Square Council Proceedings - Collateral Assignment dressed the City Coun- Manager recommend- 9/19; Civil Service of Development Agree- cil regarding her desire ing the City Council Commission of 8/9, ment: City Manager to allow dogs in Flora sion hdfuler a work ses- 9/26; Sister City Rela- recommending appro Park. 8, tionships Advisory val Of a Collateral As- ACTION ITEMS 2016, at 6:00 p.m. for Commission of 9/14; signment of the Devel- 1. Dubuque Regional the Source of Income Proofs of Publication opment Agreement for Airport Parking Lot Re- Committee to present on City Council Pro- the 1501 Jackson Street pair Project 2016 their report. Motion by ceedings of 9/6, 9/12; project to Dubuque Award: City Manager Jones to receive and Proof of Publication for Bank & Trust. Upon recommending award file the documents and List of Claims and Sum- motion the documents of the construction schedule the work ses- mary of Revenues for were received, and filed contract for the Dubu- sion as recommended. Month Ending 8/31. and Resolution No. 342- que Airport Parking Lot Seconded by Connors. Upon motion the docu- 16 Approving Collateral Repair Project 2016 to Motion carried 7-0. ments were received Assignment of Devel- the low bidder Tom COUNCIL MEMBER and filed. opment Agreement re- Kueter Construction REPORTS 2. Notice of Claims lated to rehabilitation Co., Inc. Motion by Council Member and Suits: Marvin of 1501 Jackson Street Lynch to receive and Jones reported on the ciation President and nors to receive and file CEO Jesus Aviles to re- the documents and ap- finance the loan obliga- prove the recommen- tions coming due De- dation. Seconded by cember 1, 2016. Upon Jones. Motion carried motion the documents 4-3 with Resnick, Del were received, filed Toro and Buol voting and approved. nay. During discussion, 17. Alcohol Compli- Leisure Services Man- ance Civil Penalty for Alcohol License Holder - Easy Street; City Man- ager recommending approval of the Acknowledgment/Set- tlement Agreement for an alcohol compliance violation for Easy Street, 30 Main Street. Upon motion the docu- ments were received, filed and approved. 18. Alcohol Compli- ance Civil Penalty for Alcohol License Holder - Holiday Inn Dubuque Five Flags: City Manag- er recommending ap- proval of the Acknow- ledgment/Settlement Agreement for an alco- hol compliance viola- tion for Holiday Inn Du- buque Five Flags, 450 Main Street. Upon mo- tion the documents were received, filed and approved. 19. Alcohol License Applications: City Man- ager recommending approval of annual beer, liquor and wine licenses as submitted. Upon "Motion the docu- ager Marie Ware re- sponded to questions from the City Council regarding the impact on staffing with in- creased hand work and line trimming and the appearance of green space in and around parks and playground equipment that are no longer chemically maintained, increased public signage and ed- ucation; and receipt of public comment. 4. Park and Recrea- tion Advisory Commis- sion - 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 deter- mined that this infor- mation will be consid- ered through the Fiscal Year 2018 budget proc- ess. Motion carried 7-0. 5. Arts and Cultural Affairs Advisory Com-