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2016 City Council Official Proceedings Book 146OFFICIAL PROCEEDINGS of the CITY COUNCIL for the CITY OF DUBUQUE, IOWA 2016 - Approved May 15, 2017 Recorded and prepared by Kevin S. Firnstahl, CMC, City Clerk Trish L. Gleason, CMC, Assistant City Clerk CITY OFFICERS FOR THE YEAR 2016 ROY D. BUOL MAYOR COUNCIL MEMBERS RIC W. JONES ....................... COUNCIL MEMBER AT-LARGE DAVID T. RESNICK ................ COUNCIL MEMBER AT-LARGE KEVIN J. LYNCH ................. COUNCIL MEMBER FIRST WARD LUIS DEL TORO ............... COUNCIL MEMBER SECOND WARD JOYCE E. CONNORS .......... COUNCIL MEMBER THIRD WARD JAKE A. RIOS .................. COUNCIL MEMBER FOURTH WARD CITY OFFICERS FOR THE YEAR 2016 COUNCIL APPOINTEES CITY MANAGER ...................................................................................... MICHAEL C. VAN MILLIGEN CITY CLERK........................................................................................................ KEVIN S. FIRNSTAHL CITY ATTORNEY ........................................................... BARRY A. LINDAHL (January – September) ....................................................................................... CRENNA BRUMWELL (October - December) DEPARTMENT MANAGERS ASSISTANT CITY MANAGER ................................................................. CYNTHIA M. STEINHAUSER ASSISTANT CITY MANAGER ..................................................................... THERESE H. GOODMANN AIRPORT MANAGER ...................................................................................... ROBERT A. GRIERSON BUDGET DIRECTOR ....................................................................................... JENNIFER M. LARSON BUILDING SERVICES MANAGER .................................................. CYNTHIA M. STEINHAUSER (--) TODD M. CARR (March – December) CITY ENGINEER ...................................................................................................... GUS N. PSIHOYOS ECONOMIC DEVELOPMENT DIRECTOR ........................................................... MAURICE S. JONES FINANCE DIRECTOR ....................................................................... KENNETH J. TEKIPPE (January) JEAN M. NACHTMAN (February – December) FIRE CHIEF ................................................................................................................ RICK A. STEINES HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR ........................................ ALVIN L. NASH HUMAN RIGHTS DIRECTOR.................................................................................. KELLY R. LARSON INFORMATION SERVICES MANAGER .................................................... CHRISTINE A. KOHLMANN LEISURE SERVICES MANAGER ................................................................................ MARIE L. WARE LIBRARY DIRECTOR ......................................................................................... SUSAN A. HENRICKS PERSONNEL MANAGER ....................................................................................... RANDALL K. PECK PLANNING SERVICES MANAGER ................................................................... LAURA B. CARSTENS POLICE CHIEF ........................................................................................................ MARK M. DALSING PUBLIC HEALTH SPECIALIST ..................................................................... MARY ROSE CORRIGAN PUBLIC WORKS DIRECTOR ..................................................... DONALD J. VOGT (January – April) JOHN L. KLOSTERMANN (May – December) WATER DEPARTMENT MANAGER ...................................................................... ROBERT M. GREEN .................................................................................................................................. and DENISE IHRIG WATER POLLUTION CONTROL MANAGER ............. JONATHAN R. BROWN (January – February) WILLIAM J. O’BRIAN (March – December) Regular meetings of the City Council were held on the first and third Monday of each month (Tuesday pending holidays) at 6:30 p.m. in the Historic Federal Building until In August 15, 2016 the meeting time was changed to 6:00 p.m. Book 146 Regular Session, January 4, 2016 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 4, 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 Lindahl 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 SWEARING IN 1. Swearing-In of Council Members-Elect and Mayor Pro-Tem: Mayor Buol administered the Oath of Office to Council Members-Elect David Resnick (At-Large), Luis Del Toro (Ward 2), Jake Rios (Ward 4), and Mayor Pro-Tem Ric Jones. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Minutes of 12/21/15; Library Board of Trustees Update of 12/17/15; Proof of Publica- tion for City Council Proceedings of 12/7/15, 12/14/15; Proof of Publication for List of Claims and Summary of Revenues Month Ending 11/31/15. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Ronald McDonald for property damage. Upon motion the documents were received, filed and re- ferred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Ronald McDonald for property damage. Upon motion the documents were received, filed and concurred. 4. Dubuque Convention and Visitors Bu- reau Annual Report: City Manager transmitting the Dubuque Convention and Visitors Bureau's Annual Report for Fiscal Year 2015. Upon motion the documents were received and filed. 5. Accepting the Permanent Easement for Sanitary Sewer at 11885 Miners Lane: City Manager recommending acceptance of a per- manent easement for sanitary sewer from Jef- frey, Sandra and Howard Arensdorf over prop- erty at 11885 Miners Lane in Dubuque County. Upon motion the documents were received and filed and Resolution No. 1-16 Accepting a Grant of Permanent Easement for Sanitary Sewer through, over and across part of Lot 2-2 Ohmert Farms in the County of Dubuque, Iowa was adopted. RESOLUTION NO. 1-16 ACCEPTING A GRANT OF PERMANENT EASEMENT FOR SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 2-2 OHMERT FARMS IN THE COUNTY OF DUBUQUE, IOWA Whereas, Jeffrey, Sandra L. and Howard W. Arensdorf have executed a Permanent Easement for Sanitary Sewer through, over and across Part of Lot 2-2 Ohmert Farms in the County of Dubuque, 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 2-2 Ohmert Farms in the County of Dubuque, Iowa from Jeffrey, Sandra L. and Howard W. Arensdorf, 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 Recorder and Dubuque County Auditor. Passed, approved and adopted this 4th day of January, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Accepting the Fire Station #4 Driveway and Sidewalk Replacement Project: City Man- ager recommending acceptance of the con- struction contract for the Fire Station #4 Driveway and Sidewalk Replacement Project, as completed by Midwest Concrete Inc. Upon motion the documents were received and filed and Resolution No. 2-16 Accepting the Fire Book 146 Regular Session, January 4, 2016 2 Station #4 Driveway and Sidewalk Replace- ment Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 2-16 ACCEPTING THE FIRE STATION #4 DRIVEWAY AND SIDEWALK REPLACE- MENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Fire Station #4 Driveway and Sidewalk Replacement Project (the Project) has been completed and the City Engineer has exam- ined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Driveway Replacements and City Catch Basin & Curbing appropriations for the contract amount of $23,670.08, less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 4th day of January, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE FIRE STATION #4 DRIVEWAY AND SIDEWALK REPLACE- MENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Fire Station #4 Driveway and Sidewalk Replacement Project, that the Pro- ject has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $27,220.59. Dated this 4th day of January, 2016. /s/ Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 4th day of January, 2016. /s/Kevin Firnstahl, City Clerk 7. Civil Service Commission: Civil Service Commission submitting the Certified List for Fire Department’s promotional positions of Fire Equipment Operator and Medical Officer. Up- on motion the documents were received, filed and made a Matter of Record. December 7, 2015 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the positions of Fire Equipment Operator and Medical Of- ficer were administered on November 4-5, 2015. We hereby certify that the individuals listed below have passed these written exami- nations and the vacancy for these positions should be made from this list and that this list is good for two (2) years from above date. Fire Equipment Operator 1. Kyle Mueller 2. Robert Klaren 3. Douglas Merkes 4. Adam Kahler 5. Ryan Kieffer 6. Michael Kuhn 7. Timothy Griebel Medical Officer 1. Samuel Janecke Respectfully submitted, /s/ Daniel White, Chairperson Civil Service Commission 8. Potter vs. City of Dubuque: City Attorney recommending approval of the Partial Dismis- sal and Release in the suit of Suzanne Potter vs. the City of Dubuque et al. Upon motion the documents were received, filed and approved. 9. Loras College/Great Lakes Career Ready Internship Grant Program – Cost- Effective Intern Opportunity: City Manager recommending approval to employ three in- terns between the City Manager’s Office and the Economic Development using the Great Lakes Career Ready Internship Grant Program through Loras College. Upon motion the doc- uments were received, filed and approved. 10. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Government Relations Manager for Mediacom Communications Company advising the City of rate adjustments and programming changes effective on or about January 17 through Feb- ruary 7, 2016. Upon motion the documents were received and filed. 11. Code of Ordinances - Adoption of Sup- plement No. 20: City Clerk recommending adoption of Supplement No. 20 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed and Book 146 Regular Session, January 4, 2016 3 Resolution No. 3-16 Adopting Supplement No. 20 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 3-16 ADOPTING SUPPLEMENT NO. 20 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Io- wa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 20 of the Code of Ordinances of the City of Dubuque, Iowa covering Ordinance Nos. 53-15, 54-15, 56-15, 57-15, 61-15, 62-15, 66-15, 67-15, 69- 15 and code change as adopted by the City Council through November 2, 2015, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubu- que, Iowa. Passed, approved and adopted this 4th day of January, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Assistance to Firefighters Grant Appli- cation: City Manager recommending approval to submit an Assistance to Firefighters Grant application to purchase two training manikins for EMS skills practice. Upon motion the doc- uments were received, filed and approved. 13. Public Health Preparedness Intern: City Manager recommending approval to hire an intern in the Health Services Department to work on a NIMS-compliant local inventory of assets and resources available for emergency response and mutual aid requests using Public Health Emergency Preparedness grant funds through the Dubuque County Health Depart- ment. Upon motion the documents were re- ceived, filed and approved. 14. National League of Cities – Financial Inclusion Technical Assistance Project: City Manager recommending the City partner with the Community Foundation of Greater Dubu- que on an application to the National League of Cities Financial Inclusion Technical Assis- tance Project. Upon motion the documents were received, filed and approved. 15. Alcohol and Tobacco License Applica- tions: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed and Reso- lution No. 4-16 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; and Resolution No. 5- 16 Approving applications for retail ciga- rette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A were adopt- ed. RESOLUTION NO. 4-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Awn Stop mart, 1998 Jackson St., Class C Beer (Sunday) Baymont Inn & Suites, 4025 Mc Donald Dr., Class B Liquor (Outdoor) (Sunday) Champs Americna/Best Western, 3100 Dodge St., Class B Liquor (Catering) (Outdoor) (Sunday) Hy-Vee Club Room, 400 S. Locust St., Special Class C Liquor (Sunday) Magoo's Pizza, 1875 University Ave., Special Class C Liquor (Sunday) Passed, approved and adopted this 4th day of January, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, January 4, 2016 4 RESOLUTION NO. 5-16 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; 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 oth- erwise 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 author- ized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. New Casey’s General Store, 1072 Cedar Cross Clear View Vapes, 3080 Cedar Crest Ct. Passed, approved and adopted this 4th day of January 4, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Roasting Solutions, LLC - Development Agreement / Acquisition: City Manager rec- ommending the City Council set a public hear- ing for January 19, 2016 to approve the De- velopment Agreement between the City of Dubuque and Roasting Solutions, LLC for the acquisition of 12.03 acres and a $3.2 million capital investment in a new 34,000 square-foot facility employing 17 full-time equivalent posi- tions in the Dubuque Industrial Center South. Upon motion the documents were received and filed and Resolution No. 6-16 Intent to dispose of an interest in City of Dubuque real estate pursuant to a Development Agreement between the City of Dubuque and Roasting Solutions, LLC and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 19, 2016 in the Historic Fed- eral Building. RESOLUTION NO. 6-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE PUR- SUANT TO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND ROASTING SOLUTIONS, LLC AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED IS- SUANCE OF URBAN RENEWAL TAX IN- CREMENT REVENUE GRANT OBLIGA- TIONS AND PROVIDING FOR THE PUBLI- CATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 1 of Dubuque Industrial Center South Second Addition in the City of Dubuque, Iowa; and Whereas, City and Roasting Solutions, LLC have entered into a Development Agree- ment, subject to the approval of the City Coun- cil, pursuant to which City will convey the Property to Roasting Solutions, LLC, and Roasting Solutions, LLC will construct on the Property certain Improvements described in the Development Agreement; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of City to approve the Development Agreement, including the conveyance of the Property to Roasting Solutions, LLC; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to Roasting Solutions, LLC, referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, paya- ble from the tax increment revenues collected in respect of the Improvements to be con- structed by Roasting Solutions, LLC in accord- ance with the Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described Property by Deed to Roasting Solu- tions, LLC pursuant to the proposed Develop- ment Agreement. Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution and Book 146 Regular Session, January 4, 2016 5 a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the foregoing- described Property, to be held on the 19th day of January, 2016 at 6:30 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Roasting Solutions, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic development grants to Roasting Solutions, LLC pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $950,000. Section 4. The City Clerk is hereby di- rected to cause at least one publication to be made of a notice of said meeting, in a news- paper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the disposal of the City’s interest in the Proper- ty and the issuance of said obligations. Section 5. That the notice of the proposed action shall be in substantially the form at- tached hereto. Passed, approved and adopted this 4th day of January, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Intent to Dispose of Property - 2300 Jackson Street: City Manager recommending the City Council set a public hearing for Janu- ary 19, 2016, for the purpose of disposing of City-owned real estate at 2300 Jackson Street to Tami M. Paisley. Upon motion the docu- ments were received and filed and Resolution No. 7-16 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for a hearing and providing for the publi- cation of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 19, 2016 in the Historic Federal Building. RESOLUTION NO. 7-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET- TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque has ob- tained certain real property in connection with the Washington Neighborhood Revitalize Pro- ject; and for purpose of its acquisition, rehabili- tation and re-sale for owner-occupied housing; and Whereas, the City received an offer to pur- chase this property from Tami M. Paisley; and Whereas, such purpose supports the Neighborhood Stabilization Program and Washington Neighborhood Revitalization strategy as approved by the City Council; and Whereas, by accepting the selected offer the City’s objectives of providing homeowner- ship to an income-qualified buyer and rehabili- tation of a vacated home can be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the follow- ing legally-described property: Lot 2 of Lot 63 in L.H. Langworthy’s Addi- tion in the City of Dubuque, Iowa accord- ing to the recorded plat thereof – 2300 Jackson Street. Section 2. That the City of Dubuque, Iowa proposes to dispose of its interest in the above described real estate to Tami M. Paisley for the sum of $110,000; Section 3. That the City Clerk is hereby au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the foregoing- described Property, to be held on the 19th day of January, 2016, at 6:30 o’clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 4th day of January, 2016. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS City Council reviewed applications to the following Boards/Commissions. 1. Housing Code Appeals Board (Review): One, 3-year term through January 11, 2019 (Expiring term of White); and one, 3-year term through January 11, 2018 (Vacant term of Mil- ler); Applicants: Robert Schaub, 1745 Embas- sy West; and Ron White, 3197 Highland Park Dr. Book 146 Regular Session, January 4, 2016 6 2. Human Rights Commission (Review): Three, 3-year terms through January 1, 2019 (Expiring terms of Fisher, LoGuidice and Stone). Applicants: Sara Fisher, 3045 Kauf- mann Ave.; Angela Jones, 2413 Pearl St.; Adrienne Scott, 1365 Solon St.; and R.R.S. Stewart, 460 Summit St. Appointment was made to the following Board. 3. Electrical Code Board (Appointment): One, 3-year term through May 21, 2017 (Va- cant Electrical background term of Reiss). Ap- plicant: Zach Dowell, 2055 Winne Ct. Motion by Jones to appoint Mr. Dowell to the remain- der of a 3-year term through May 21, 2017. Seconded by Resnick. Motion carried 7-0. ACTION ITEMS 1. Budget and Fiscal Policy Guidelines Fis- cal Year 2017: City Manager recommending adoption of the Fiscal Year 2017 Budget Policy Guidelines. Motion by Jones to receive and file the documents and approve the Policy Guide- lines as recommended. Seconded by Connors. During considerable discussion by the City Council, City Manager Van Milligen and Budg- et Director Jennifer Larson responded to ques- tions about the recommended property tax increase and the impact on residential, com- mercial, industrial and multi-residential proper- ty tax classes. The motion failed 3-4 with Lynch, Del Toro, Resnick and Rios voting nay. Motion by Lynch to receive and file the documents and direct staff refigure the Guide- lines with reducing the property tax increase for residential property to no more than 1.5% and commercial property to no more than 9.5%. Seconded by Resnick. Mayor Buol asked that staff provide information on specific programs and areas considered for cuts and reminded Council that these are only guide- lines. Motion carried 5-2 with Del Toro and Connors voting nay. 2. Mayor and City Council Appointments to Boards and Commissions: Review of Mayor and City Council appointments to various boards and commissions. Communication from David Barnes, Executive Director of Op- eration: New View Community Action Agency requesting confirmation of Council representa- tives for 2016. Motion by Connors to receive and file the documents and accept the chang- es discussed. The City Clerk will obtain addi- tional information related to board membership on the Operation New View Board, the Four Mounds Foundation Board, and the Dubuque County Early Childhood Board and will com- municate with the effected Council Members for confirmation. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the opening of the Special Olympics to take place at 6:00 p.m. on January 11, 2016 at the Grand River Center. Council Member Del Toro thanked the citi- zens of Dubuque for their support through last November’s election and that he looks forward to working with his City Council colleagues. There being no further business, upon mo- tion the City Council adjourned at 7:47 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special and Regular Sessions, January 19, 2016 7 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council gathered for a special session at 4:30 p.m. on January 19, 2016 in front of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro-Tem Jones; Council Members Connors, Del Toro, Lynch, Resnick, Rios; City Manager Van Milligen. Absent: Mayor Buol Housing Department Staff Present: Kris Neyen, Erica Haugen, Todd Carr. Mayor Pro-Tem Jones read the call that stated this is a special session of the City Council called for the purpose of conducting a bus tour of three rehabilitated housing proper- ties. WORK SESSION Tour of Rehabilitation Projects The City Council participated in a bus tour of the following three rehabilitation projects that began in front of the Historic Federal Building. 2300 Jackson Street: Kris Neyen (Housing Department) and Chris Olson (Four Mounds Foundation and the HEART Program) provid- ed information specific to this property, and a ribbon cutting was held with the new owner, Tami Paisley. Council and staff toured the property. 1598 Jackson Street: Ms. Neyen and Da- vid Harris (Community Housing Initiative) pro- vided information specific to this property. Council and staff toured the property. 346-348 W. Locust Street: Ms. Neyen and Developers Gary and Chris Stelpflug provided information specific to this property. Council and staff toured the property. There being no further business, the City Council returned to the Historic Federal Build- ing and adjourned at 5:46 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 19, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro-Tem Jones; Council Members Connors, Del Toro, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro-Tem Jones 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 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 6-0. 1. Minutes and Reports Submitted: Cable TV Commission of 12/2/15; City Council Pro- ceedings of 1/4/16; Civil Service Commission of 12/16/15, 1/8/16; Library Board of Trustees of 11/19/15; Long Range Planning Advisory Commission of 12/16/15; Zoning Advisory Commission of 1/6/16; Zoning Board of Ad- justment of 12/17/15; Proof of Publication for City Council Proceedings of 12/21/15. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Larry Kirby for vehicle damage, Andrew Makovec for property damage, Luke Potnick for vehicle damage, Michelle Roling for property damage, Jessica Rooney for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Larry Kirby for vehicle damage, Andrew Makovec for property damage, Luke Potnick for vehicle damage, Michelle Roling for proper- ty damage, Jessica Rooney for vehicle dam- age. Upon motion the documents were re- ceived, filed and concurred. Book 146 Regular Session, January 19, 2016 8 4. Anderson Sainci Receives the Gil Cha- venelle Memorial Award: City Manager trans- mitting information on the Dubuque Jaycees' Gil Chavenelle Memorial Award recognizing Resource Management Coordinator Anderson Sainci. Upon motion the document was re- ceived and filed. 5. Cori Burbach Appointed to Iowa Energy Plan Working Group: City Manager transmit- ting information from the Iowa Economic De- velopment Authority appointing Sustainable Dubuque Coordinator Cori Burbach to the Io- wa Energy Plan working group. Upon motion the document was received and filed. 6. Lead-Based Paint Hazard Control Grant - Request to Release Funds: City Manager recommending approval of a resolution author- izing the Notice of Intent to Request Release of Funds for the Lead-Based Paint Hazard Control Grant. Upon motion the documents were received and filed and Resolution No. 8- 16 Authorization of a Request for Release of Funds and Certification for Lead Based Paint Hazard Control Grant and Healthy Homes Production Grant programs was adopted. RESOLUTION NO. 8-16 AUTHORIZATION REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FOR LEAD BASED PAINT HAZARD CONTROL GRANT AND HEALTHY HOMES PRODUC- TION GRANT PROGRAMS Whereas, the City of Dubuque has been awarded Lead Based Paint Hazard Control Grant funds from the U.S. Department of Housing and Urban Development, and Whereas, pursuant to the rules and regula- tions as promulgated by the U.S. Department of Housing and Urban Development, an envi- ronmental review has been processed for the Lead Based Paint Hazard Control Grant; and Whereas, a Notice of Intent to Request Re- lease of Funds for said grants has been pub- lished on January 5, 2016, to commence the required seven (7) days comment period; and Whereas, any and all comments received as a result of such notice will be duly consid- ered before proceeding with a Request for Release of Funds and Certification; and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. De- partment of Housing and Urban Development at the conclusion of the comment period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for the Release of Funds and Certification on or about January 20, 2016 and submit to the U.S. Department of Housing and Urban Development. Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Pro- tection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development responsibilities for review, decision-making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent per- sonally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environ- mental review process, decision-making and action. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 7. Public Bike Trail Improvements for East 16th Street and Kerper Blvd. Project Ac- ceptance: City Manager recommending ac- ceptance of the public bike trail improvements that the developer, Rainbo Oil Co., has recent- ly completed at the intersection of East 16th Street and Kerper Boulevard. Upon motion the documents were received and filed and Reso- lution No. 9-16 Accepting Bike Trail Improve- ments over City property at East Sixteenth Street and Kerper Boulevard in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 9-16 ACCEPTING BIKE TRAIL IMPROVEMENTS OVER CITY PROPERTY AT EAST SIX- TEENTH STREET AND KERPER BOULE- VARD IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to a Development Agreement dated December 30, 2014 and pursuant to a Lease Agreement dated January 22, 2013, certain bike trail improvements over Lots 1-1 and 2-1 of Bee Branch Subdivision No. 2, were installed by Rainbo Oil Co., the developer of Lot 1-1 of Bee Branch Subdivi- sion No. 2 in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accord- ance with the plans approved by the City Council and in conformance with City specifi- cations, and has recommended that the im- provements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Book 146 Regular Session, January 19, 2016 9 Section 1. That the recommendation of the City Manager be approved and that said public bike trail improvements at the intersection of East Sixteenth Street and Kerper Boulevard be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the City of Dubuque. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 8. SRF Green Alley Project Bid Set 7 - Year 1 Project Acceptance: City Manager rec- ommending acceptance of the construction contract for the SRF Green Alley Bid Set 7- Year 1 Project, as completed by McDermott Excavating, Inc., and adoption of the Final Schedule of Assessments. Upon motion the documents were received and filed and Reso- lution No. 10-16 Accepting the SRF Green Alley Project Bid Set 7-Year 1 and Authorizing the payment of the contract amount to the con- tractor; and Resolution No. 11-16 Adopting the Final Assessment Schedule for the SRF Green Alley Project Bid Set 7 – Year 1 were adopted. RESOLUTION NO. 10-16 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 7 YEAR 1 AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 7 Year 1 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the SRF Green Alley Project fund for the contract amount of $220,217.57 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN ALLEY PROJECT - BID SET 7 YEAR 1 The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the SRF Green Alley Project - Bid Set 7 Year 1, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $253,250.21. Dated this 11th day of January, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 11th day of January, 2016. /s/Kevin S. Firnstahl, City Clerk RESOLUTION NO. 11-16 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 7 YEAR 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive is hereby approved for the SRF Green Alley Project - Bid Set 7 Year 1. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the im- provements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in propor- tion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the no- tice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments Book 146 Regular Session, January 19, 2016 10 of $500.00 or more are payable in 15 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and will draw annual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Sec- tion 384.65 of the Code of Iowa. Each install- ment will be delinquent from October 1 follow- ing its due date on July 1 of each year. How- ever, when the last day of September is a Sat- urday or Sunday, that amount shall be delin- quent from the second business day of Octo- ber. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS SRF GREEN ALLEY PROJECT BID SET 7 – YEAR 1 ALLEYS FROM RIES TO MERZ BE- TWEEN WINDSOR AND STAFFORD / ALLEY FROM MERZ TO SOUTH BETWEEN WIND- SOR AND STAFFORD The following schedule is hereby deter- mined to show each lot proposed to be as- sessed for the improvement shown in the title together with the amount proposed to be as- sessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PARCEL NUMBER; PROPERTY OWNER NAME; LOT DESCRIPTION; STREET AD- DRESS; NET ASSESSED VALUATION; VAL- UATION WITH IMPROVEMENT; NET PAV- ING IMPROVEMENT COST; TOTAL NET ASSESSMENT ALLEYS FROM REIS TO MERZ BETWEEN WINDSOR AND STAFFORD 1013410001; Bonnett, Wayne E Revocable Living Trust; Lot 5 - 3 Giegers Sub; 2540 Windsor Ave; 80,770.00; $81,801.95; $1,031.95; $1,031.95 1013410002; Grutz, Jerry & Cathleen; Lot 4 - 3 Giegers Sub 2534-2536 Windsor Ave; 2534 Windsor Ave; 111,250.00; $112,281.95; $1,031.95; $1,031.95 1013410003; Dubuque Sports Productions Inc.; Lot 3 - 3 Giegers Sub; 2532 Windsor Ave; 84,900.00; $85,931.95; $1,031.95; $1,031.95 1013410004; Westphal, Jim D; N 5' - 1 - 3 & Lot 2 - 3 Giegers Sub; 2528 Windsor Ave; 116,700.00; $117,616.82; $916.82; $916.82 1013410005; Queck Capital Management LLC; S 30' - 1 - 3 Giegers Sub; 2526 Windsor Ave; 68,170.00; $68,789.17; $619.17; $619.17 1013410006; Genesis Three Holdings LLC; Lot 2 - 1 - 2 Giegers Sub 2522-2524 Wind- sor Ave; 2522 Windsor Ave; 56,730.00; $57,832.98; $1,102.98; $1,102.98 1013410007; Konrardy, Kay A; W 1/2 - 2 - 2 Giegers Sub; 2520 Windsor Ave; 74,480.00; $75,183.81; $703.81; $703.81 1013410008; Mess, Judith A; W 1/2 - 3 - 2 Giegers Sub; 2518 Windsor Ave; 72,260.00; $72,808.57; $548.57; $548.57 1013410009; Welu, Paula J; W 1/2 - 4 - 2 Giegers Sub; 2516 Windsor Ave; 60,140.00; $60,687.29; $547.29; $547.29 1013410010; Key, Terry M Sr. & Shirley M; Lot 1 - 1 - 1 Giegers Sub; 2514 Windsor Ave; 76,940.00; $77,656.46; $716.46; $716.46 1013410011; Basten, Brian W; N 35' - 2 - 1 - 1 Giegers Sub; 2512 Windsor Ave; 80,220.00; $80,967.30; $747.30; $747.30 1013410012; Huntington, Ronald; S 65' - 2 - 1 - 1 Giegers Sub; 2510 Windsor Ave; 114,490.00; $115,847.58; $1,357.58; $1,357.58 1013410013; Rohrs, Dylan R; Lot 6 - 3 Gieg- ers Sub; 705 Ries St; 62,020.00; $62,845.56; $825.56; $825.56 1013410014; Haupert, Deborah A; Lot 7 - 3 Giegers Sub; 707 Ries St; 90,090.00; $90,915.56; $825.56; $825.56 1013410015; Kruser, Donald J & Virginia A; Lot 8 - 3 Giegers Sub; 711 Ries St; 82,450.00; $83,275.56; $825.56; $825.56 1013410016; Giegerich, Caleb; Lot 9 - 3 & 2 - 10 - 3 Giegers Sub; 715 Ries St; 77,750.00; $78,575.56; $825.56; $825.56 1013410017; Hubanks, Daniel R; Lot 1 - 10 - 3 Giegers Sub; 719 Ries St; 87,100.00; $87,820.56; $720.56; $720.56 1013410018; Schlarman, Gerald J & Remy, Vicki Lee; Lot 11 - 3 Giegers Sub; 2537 Stafford St; 96,700.00; $99,965.68; $3,265.68; $3,265.68 1013410019; Haferbecker, Amber C; Lot 12 - 3 Giegers Sub; 2533 Stafford St; 78,210.00; $79,130.78; $920.78; $920.78 1013410020; Haferbecker, Amber C; Lot 13 - 3 Giegers Sub; Stafford St; 9,700.00; $10,660.29; $960.29; $960.29 1013410021; Heathcote - Goldhammer, Carla M; Lot 1 - 1 - 2 Giegers Sub; 2529 Stafford St; 78,630.00; $79,843.97; $1,213.97; $1,213.97 1013410022; Heathcote - Goldhammer, Carla M; E 1/2 - 2 - 2 Giegers Sub; Stafford St; 8,070.00; $8,808.73; $738.73; $738.73 1013410023; Radke, Jerry E; E 1/2 - 3 - 2 Giegers Sub; 2523 Stafford St; 67,960.00; $68,518.12; $558.12; $558.12 1013410024; Bond, Sheonna D.; Lot 2 - 1 & E 1/2 of 4 - 2 Giegers Sub; 2521 Stafford St; 119,780.00; $119,780.00; $0.00; $0.00 Book 146 Regular Session, January 19, 2016 11 1013410025; Anderson, Edward A; Lot 3 - 1 Giegers Sub; 2515 Stafford St; 86,770.00; $87,591.59; $821.59; $821.59 1013410026; Haskell, Richard D & Sharon; Lot 2 - 4 - 1 & 2 - 5 - 1 Giegers Sub; 711 Merz St; 46,980.00; $48,441.96; $1,461.96; $1,461.96 ALLEY FROM MERZ TO SOUTH BETWEEN WINDSOR STAFFORD; 1013454001; Smith, Karen M; Lot 1 - 5 Staf- fords Add 2508-2508 1/2 Windsor Ave.; 2508 Windsor; 95,830.00; $96,609.44; $779.44; $779.44 1013454002; Hoppman, Cory & Close, Nicolle A; Lot 2 - 5 Staffords Add; 2506 Windsor; 73,420.00; $74,004.58; $584.58; $584.58 1013454003; Leute, Kevin J & Susan A; Lot 3 of 5 Staffords Add; Windsor Ave; 10,070.00; $10,654.58; $584.58; $584.58 1013454004; Leute, Kevin J & Susan A; Lot 4 - 5 Staffords Add; 2502 Windsor Ave; 79,950.00; $80,530.66; $580.66; $580.66 1013454005; JK Investments LLC; Lot 5 - 5 Staffords Add; 2500 Windsor Ave; 38,820.00; $39,400.73; $580.73; $580.73 1013454006; Mc Ginn, Donna Mae & John J; Lot 2 - 1 - 3 & 4 Staffords Add; 2432 Wind- sor Ave; 106,590.00; $106,917.99; $327.99; $327.99 1013454030; Harp, Kevin & Schaar-Harp, Roberta; Lot 1 - 6 - 5 Staffords Add; 710 Merz St.; 91,510.00; $92,469.72; $959.72; $959.72 1013454031; Harp, Kevin & Schaar-Harp, Roberta; Lot 2 - 6 - 5 Staffords Add; Merz St.; 13,280.00; $15,149.51; $1,869.51; $1,869.51 9. Fire Station 2 Restroom Remodel Pro- ject Acceptance: City Manager recommending acceptance of the construction contract for the Fire Station #2 – Restroom Remodel Project, as completed by Mueller Construction. Upon motion the documents were received and filed and Resolution No. 12-16 Accepting the Fire Station No. 2 - Restroom Remodel Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 12-16 ACCEPTING THE FIRE STATION NO. 2 – RESTROOM REMODEL PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Fire Station No. 2 – Restroom Remodel Project (the Project) has been completed by the Contractor, Mueller Inc. Construction (Con- tractor), the City Engineer has examined the work and recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $99,486.20; and Whereas, the Contractor has previously been paid $94,511.89, leaving a balance of $4,974.31; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $4,974.31 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE FIRE STATION NO. 2 - RESTROOM REMODEL PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Fire Station No. 2 - Restroom Remodel Project, and the said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $111,986.20. Dated this 12th day of January, 2016 /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk in the 12th day of January, 2016. /s/Kevin S. Firnstahl, City Clerk 10. Elm Street Parking Lot Project ac- ceptance: City Manager recommending ac- ceptance of the construction contract for the Elm Street Parking Lot Project, as completed by Tschiggfrie Excavating. Upon motion the documents were received and filed and Reso- lution No. 13-16 Accepting the Elm Street Parking Lot and authorizing the payment of the contract amount to Tschiggfrie Excavating, Inc., was adopted. RESOLUTION NO. 13-16 ACCEPTING THE ELM STREET PARKING LOT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO TSCHIG- GFRIE EXCAVATING, INC. Whereas, the Public Improvement Contract for the Elm Street Parking Lot (the Project) has been completed and the City Engineer has examined the work and filed a certificate stat- ing that the Project has been completed ac- cording to the terms of the Public Improvement Book 146 Regular Session, January 19, 2016 12 Contract and that the City Engineer recom- mends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from CIP 360- 2250 for the contract amount of $337,058.05 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 19th day of January, 2015. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 11. Acceptance of Permanent Easement for Sanitary Sewer - 10246 Tyra Lane: City Manager recommending acceptance of a per- manent easement for sanitary sewer from Mary Kay and Timothy J. Pancratz over prop- erty at 12046 Tyra Lane in Dubuque County. Upon motion the documents were received and filed and Resolution No. 14-16 Accepting a Grant of Permanent Easement for sanitary sewer through, over and across part of Lot 1 of Red Cedar Estate No. 2 in the County of Dubuque, Iowa was adopted. RESOLUTION NO. 14-16 ACCEPTING A GRANT OF PERMANENT EASEMENT FOR SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 OF RED CEDAR ESTATES NO. 2 IN THE COUNTY OF DUBUQUE, IOWA Whereas, Mary Kay and Timothy J. Pan- cratz have executed a Permanent Easement for Sanitary Sewer through, over and across Part of Lot 1 of Red Cedar Estates No. 2 in the County of Dubuque, 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 Red Cedar Estates No. 2 in the County of Dubuque, Iowa from Mary Kay and Timothy J. Pancratz, 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 Recorder and Dubuque County Auditor. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 12. Award of 30- and 42-Inch Sanitary Sewer Force Main and Lift Station Assessment and Rehabilitation Project: City Manager rec- ommending authorization for the City to enter into contract negotiations with Strand Associ- ates to perform engineering consulting ser- vices including, but not limited to, survey in- spection, emergency response planning and assessment of the City’s 30- and 42-inch sani- tary sewer force mains and Terminal Street and Cedar Street Lift Stations. Upon motion the documents were received, filed and ap- proved. 13. Property Tax Appeal Settlements - Pape Grain Company: City Attorney recom- mending approval of three property tax appeal Stipulations of Settlement for properties owned by Pape Grain Company. Upon motion the documents were received, filed and approved. 14. Sewer Maintenance Foreman Classifi- cation: City Manager recommending the crea- tion a separate civil service classification for the position of Sewer Maintenance Foreman and approval to eliminate one Foreman posi- tion in the Public Works Department and the creation of one Sewer Maintenance Foreman position in the Public Works Department. Upon motion the documents were received, filed and approved. 15. Plat of Survey of Lubben Place: Zoning Advisory Commission recommending approval of the Plat of Survey for Lubben Place (620- 628 Loras Blvd.) subject to waiving the lot area requirement for Lot 1 and Lot 2. Upon motion the documents were received and filed and Resolution No. 15-16 Approving the Plat of Survey of Lubben Place in the City of Dubu- que, Iowa was adopted. RESOLUTION NO. 15-16 APPROVING THE PLAT OF SURVEY OF LUBBEN PLACE IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Lubben Place in the city of Dubuque, Iowa; and Whereas, said Plat of Survey provides 2,083 square feet of lot area for Lot 1 and 2,190 square feet of lot area for Lot 2, where 3,000 feet of lot area is required by Section 11- 14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Book 146 Regular Session, January 19, 2016 13 Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code is waived to allow 2,083 square feet of lot area for Lot 1 and 2,190 square feet of lot area for Lot 2. Section 2. That the Plat of Survey of Lub- ben Place is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 19th day of February, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 16. International City/County Management Association (ICMA): City Manager recom- mending approval to execute the required Governmental Money Purchase Plan and Trust Adoption Agreement with the ICMA Re- tirement Corporation. Upon motion the docu- ments were received and filed and Resolution No. 16-16 Approving the ICMA Retirement Corporation Governmental Money Purchase Plan & Trust Adoption Agreement - Plan Num- ber 10-6876 was adopted. RESOLUTION NO. 16-16 APPROVING THE ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT - PLAN NUMBER 10-6876 Whereas, the Employer has established a qualified retirement plan for such employees that serves the interest of the Employer by enabling it to provide reasonable retirement security for its employees, by providing in- creased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and Whereas, the Employer has determined that the continuance of the qualified retirement plan will serve these objectives. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Employer hereby amends and restates the qualified retirement plan (the “Plan”) in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan & Trust. Section 2. The assets of the Plan shall be held in trust, with the Employer serving as trus- tee (“Trustee”), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee’s beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. Section 3. The employer hereby agrees to serve as Trustee under the Plan. Section 4. The Employer hereby authorizes the City Manager to execute all necessary agreements with the ICMA Retirement Corpo- ration incidental to the administration of the Plan. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 17. Improvement Contracts / Performance, Payment and Maintenance Bonds: Portzen Construction, Inc., for Lower Bee Branch Creek Overlook at 16th Street Detention Basin. Upon motion the documents were received, filed and approved. 18. 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. 17-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 17-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants Book 146 Regular Session, January 19, 2016 14 pending submission of the locally required documentation: Renewals Dubuque Religious Center, 923 Main St., Class B Wine (Sunday) El Paisano Grocery Store, 1543 Central Ave., Class B Beer (Sunday) Mario’s, 1298 Main St., Class C Liquor (Sun- day) New Dubuque Golf & Country Club, 1800 Randall Pl., Class C Liquor (Outdoor) (Sunday) Cuemaster Billiards, 900 Central Ave, Class C Liquor (Sunday) Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 6-0. 1. Lange Estate Urban Revitalization Plan: City Manager recommending approval of reso- lution directing the Lange Estates Urban Revi- talization Plan (Applewood IV) be set for public hearing on March 7, 2016. Upon motion the documents were received and filed and Reso- lution No. 18-16 Finding that the designation of the Lange Estate Urban Revitalization Plan is necessary to encourage needed housing and residential development providing safe, afford- able housing for the residents of the City of Dubuque, Iowa and providing for a public hear- ing thereon was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 18-15 FINDING THAT THE DESIGNATION OF THE LANGE ESTATE URBAN REVITALIZATION PLAN IS NECESSARY TO ENCOURAGE NEEDED HOUSING AND RESIDENTIAL DEVELOPMENT PROVIDING SAFE, AF- FORDABLE HOUSING FOR THE RESI- DENTS OF THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR A PUBLIC HEARING THEREON Whereas, the City Council of the City of Dubuque finds that the property at 3275 Penn- sylvania Avenue is currently vacant and un- derutilized, and Whereas, Horizon has proposed to devel- op the property and construct a 60-unit resi- dential housing development for seniors and requests the establishment of an urban revital- ization district; and Whereas, the area proposed for designa- tion under the Urban Revitalization Act there is need for public improvements related to hous- ing; and the encouragement of housing and residential development as defined by Section 404.1(5) of the Iowa Code; and Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shall be held on any proposed Urban Revitalization Area Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the new construction for housing development of the Property legally described as: Lot Two of Lange Estate in the County of Dubuque, City of Dubuque, Iowa accord- ing to the recorded plat thereof, is found to be necessary and in the interest of res- idents of the City. Section 2. That the Lange Estate Urban Revitalization Plan as proposed meets the eligibility criteria of Chapter 404.1(5) of the Code of Iowa, 2015. Section 3. That the proposed Lange Estate Urban Revitalization Area Plan attached here- to, shall be a matter of record and shall be available for public inspection in the office of the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa. Section 4. That the City, upon approval of the Plan, shall provide urban revitalization tax exemption to qualified applicants in designated area. Section 5. That the City is authorized and directed to submit the Lange Estate Urban Revitalization Area Plan to the City’s Long Range Planning Advisory Commission for re- view and comment. Section 6. That the City Clerk is directed to publish notice of a public hearing on the Lange Estate Urban Revitalization Area Plan to be held on March 7th, 2016 at 6:30 p.m. in the City Council Chambers, 350 West 6th Street, Dubuque, Iowa 52001. Section 7. That the owners of record will be notified by the thirtieth day prior to the public hearing. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 2. Marquette Hall Urban Revitalization Plan: City Manager recommending approval of a resolution directing the Marquette Hall Urban Revitalization Plan (Former Sacred Heart Ele- mentary School) be set for public hearing on March 7, 2016. Upon motion the documents were received and filed and Resolution No. 19- 16 Finding that the designation of the Mar- quette Hall Urban Revitalization Plan is neces- sary in the interest of public health, safety, and Book 146 Regular Session, January 19, 2016 15 welfare of the residents of the City of Dubu- que, Iowa was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 19-16 FINDING THAT THE DESIGNATION OF THE MARQUETTE HALL URBAN REVITALIZA- TION PLAN IS NECESSARY IN THE INTER- EST OF PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA Whereas, the City Council of the City of Dubuque finds that the property at 2222 Queen Street, (Property) is currently vacant and underutilized, and Cohen-Esrey Affordable Partners (Cohen-Esrey) has proposed to de- velop the Property by rehabilitating the former Sacred Heart Elementary School into 28 his- toric and affordable senior apartments; and Whereas, the City supports the develop- ment and construction of housing and residen- tial properties which provide quality, affordable housing; and Whereas, the Property is located in an ar- ea eligible for the Urban Revitalization Tax Exemption program; and Whereas, in the area proposed for desig- nation under the Urban Revitalization Act is an area in which there is a predominance of build- ings or improvements which by reason of age, history, architecture or significance should be preserved or restored to projective use Section 404.1(3) of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to receive a one hundred percent exemption from taxation on the actual value added by the improve- ments for a period of ten years so long as it is assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five per- cent of the space used for residential purpos- es. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The new construction housing development at the Property legally described as: Lot #’s 31, 32, 33, 34 Sanford Sub., ac- cording to the recorded plat thereof, is deemed necessary and in the interest of the residents of the City. Section 2. That the City Council supports the Cohen-Esrey’s Petition asking the Property be designated an Urban Revitalization Area and supports Cohen-Esrey’s efforts to receive a tax credit award from the Iowa Finance Au- thority for this Development. Section 3. The City Council approves sup- porting the project and authorizes staff to work with the City Assessor to complete the form 5S for the Developer’s submission to the Iowa Finance Authority prior to the December 7, 2015 deadline for consideration. Section 4. The proposed Development is consistent with the City of Dubuque’s afforda- ble housing strategies and goal to implement the City’s comprehensive plan. Section 5. That the City is authorized and directed to submit the Marquette Hall Urban Revitalization Area Plan to the City’s Long Range Planning Advisory Commission for re- view and comment. Section 6. That the City Clerk is directed to publish notice of a public hearing on the Mar- quette Hall Urban Revitalization Area Plan to be held on March 7, 2016 at 6:30 p.m. in the City Council Chambers, 350 West 6th Street, Dubuque, Iowa 52001. Section 7. That the owners of record will be notified by the thirtieth day prior to the public hearing. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 3. Paragon Square Urban Revitalization Plan: City Manager recommending approval of a resolution directing the Paragon Square Ur- ban Revitalization Plan (Former Holy Ghost School) be set for public hearing on March 7, 2016. Upon motion the documents were re- ceived and filed and Resolution No. 20-16 Finding that the designation of the Paragon Square Urban Revitalization Plan is necessary for rehabilitation and conservation of the here- inafter described property and Urban Revitali- zation Area is necessary in the interests of the public health, safety, and welfare of the resi- dents of the City was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 20-16 FINDING THAT THE DESIGNATION OF THE PARAGON SQUARE URBAN REVITALIZA- TION PLAN IS NECESSARY FOR REHABIL- ITATION AND CONSERVATION OF THE HERINAFTER DESCRIBED PROPERTY AND URBAN REVITALIZATION AREA IS NECESSARY IN THE INTERESTS OF THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY Whereas, the City Council of the City of Dubuque finds that the properties at 2887 - 2901 Central Avenue (Property) are currently vacant and underutilized, and Frantz Commu- nity Investors has proposed to rehabilitate the Property and create 29 apartments and restore both buildings on the proposed parcels to their original historic significance; and Book 146 Regular Session, January 19, 2016 16 Whereas, the City supports Economic De- velopment, Historic Preservation, and pro- motes Affordable Housing to benefit the citi- zens of Dubuque; and Whereas, the Property is located in an ar- ea eligible for the Urban Revitalization Tax Exemption program; and Whereas, in the area proposed for desig- nation under the Urban Revitalization Act there is a predominance of buildings or improve- ments which by reason of age, history, archi- tecture or significance should be preserved or restored to productive use as defined by Sec- tion 404.1(3) of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to receive a one hundred percent exemption from taxation on the actual value added by the improve- ments for a period of ten years so long as it is assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five per- cent of the space used for residential purpos- es. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation of the Property legally described as 2887 Central Avenue – Lot 2 – I Paragon Square, Dubuque, Iowa 2901 Central Avenue – Lot 1 – I Paragon Square, Dubuque, Iowa according to the recorded plat thereof is deemed neces- sary in the interest the residents of the City. Section 2. That the City Council supports Frantz Community Investors’ Petition that 2887 - 2901 Central Avenue be designated a Urban Revitalization Area and supports the develop- er’s efforts to receive a tax credit award from the Iowa Finance Authority for this Develop- ment. Section 3. That the City Council approve the resolution supporting he project and au- thorize staff to work with the City Assessor to complete the form 5S for submission by De- veloper prior to December 7, 2015 deadline for consideration. Section 4. That the proposed Development is consistent with the City of Dubuque’s afford- able housing strategies and its goal to imple- ment its comprehensive plan. Section 5. That the City is authorized and directed to submit the Paragon Square Urban Revitalization Area Plan to the City’s Long Range Planning Advisory Commission for re- view and comment. Section 6. That the City Clerk is directed to publish notice of a public hearing on the Para- gon Square Urban Revitalization Area Plan to be held on March 7, 2016 at 6:30 p.m. in the City Council Chambers, 350 West 6th Street, Dubuque, Iowa 52001. Section 7. That the owners of record will be notified by the thirtieth day prior to the public hearing. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 4. University Lofts Urban Revitalization Plan: City Manager recommending approval of a resolution directing the University Lofts Ur- ban Revitalization Plan (Nativity School) be set for public hearing on March 7, 2016. Upon motion the documents were received and filed and Resolution No. 21-16 Finding that the des- ignation of the University Lofts Urban Revitali- zation Plan is necessary to encourage needed housing and residential development providing safe, affordable housing for the residents of the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 21-16 FINDING THAT THE DESIGNATION OF THE UNIVERSITY LOFTS URBAN REVITALIZA- TION PLAN IS NECESSARY TO ENCOUR- AGE NEEDED HOUSING AND RESIDEN- TIAL DEVELOPMENT PROVIDING SAFE, AFFORDABLE HOUSING FOR THE RESI- DENTS OF THE CITY OF DUBUQUE Whereas, the City Council of the City of Dubuque finds that the properties at Parcel ID# 1025101003, part of a 5.48-acre tract cur- rently conveyed to Church of the Nativity, be- ginning at the intersection of the north right-of- way line of University Avenue with the westerly right-of-way of Alta Vista Street (Property) which MV Residential Development has pro- posed to develop the Property and create 56 units of senior multi-family housing; and Whereas, the City supports the develop- ment and construction of housing and residen- tial properties which provide quality, affordable housing; and Whereas, the Property is located in an ar- ea eligible for the Urban Revitalization Tax Exemption program; and Whereas, in the area proposed for desig- nation under the Urban Revitalization Act there is a predominance of buildings or improve- ments which by reason of age, history, archi- tecture or significance should be preserved or restored to productive use as defined by Sec- tion 404.1(5) of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to receive a one hundred percent exemption from taxation on the actual value added by the improve- ments for a period of ten years so long as it is Book 146 Regular Session, January 19, 2016 17 assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five per- cent of the space used for residential purpos- es. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation of the Property legally described as: Being part of a 5.48-acre tract currently conveyed to Church of the Nativity (current Parcel ID# 1025101003), Dubuque County, Iowa and more particularly described as follows: Beginning at the intersection of the north right-of-way line of University Avenue with the westerly right-of-way of Alta Vista Street; Thence from said point of beginning, with said north right-of-way line, South 79º00’00” West, for a distance of 224.71 feet, Thence leaving said right-of-way line, on the following three (3) courses and dis- tances: 1. North 9°00'00 West, for a distance of 99.95 feet; 2. North 34°00'00" West, for a distance of 190.96 feet; 3. North 58°00'00" East, for a distance of 177.42 feet to the aforemen- tioned westerly right-of-way of Alta Vista Street; Thence with said right-of-way line, South 32º00’00” East, for a distance of 362.45 feet to the point of beginning, con- taining approximately 1.36 +/- acres and being subject to any easements, re- strictions, covenants, ordinances, or agreements of record. This legal descrip- tion is not based on field verified boundary or boundary retracement survey; is deemed necessary in the interest the residents of the City. Section 2. That the City Council supports MV Residential Development’s Petition that the Property be designated a Urban Revitaliza- tion Area and supports the developer’s efforts to receive a tax credit award from the Iowa Finance Authority for this Development. Section 3. That the City Council approve the resolution supporting he project and au- thorize staff to work with the City Assessor to complete the form 5S for submission by De- veloper prior to December 7, 2015 deadline for consideration. Section 4. That the proposed Development is consistent with the City of Dubuque’s afford- able housing strategies and its goal to imple- ment its comprehensive plan. Section 5. That the City is authorized and directed to submit the University Lofts Urban Revitalization Area Plan to the City’s Long Range Planning Advisory Commission for re- view and comment. Section 6. That the City Clerk is directed to publish notice of a public hearing on the Uni- versity Lofts Urban Revitalization Area Plan to be held on March 7, 2016 at 6:30 p.m. in the City Council Chambers, 350 West 6th Street, Dubuque, Iowa 52001; and Section 7. That the owners of record will be notified by the thirtieth day prior to the public hearing. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Application to the following Commission was reviewed at this meeting. The applicant was invited to address the City Council regard- ing his desire to serve on the following Boards/Commissions. 1. Historic Preservation Commission: One, 3-year term through July 1, 2016 (Vacant term of McDonell - Jackson Park District). Applicant: Alfred P. Kopczyk, 1320 Locust St. (qualifies for the Jackson Park District). Mr. Kopczyk spoke in support of his appointment and dis- tributed his resume. Appointments were made to the following Boards/Commissions. 2. Housing Code Appeals Board: One, 3- year term through January 11, 2019 (Expiring term of White). One, 3-year term through Jan- uary 11, 2018 (Vacant term of Miller). Appli- cants: Robert Schaub, 1745 Embassy West; Ron White, 3197 Highland Park Dr. Upon roll- call vote (Jones, Rios, Resnick, Connors, Del Toro, Lynch) Ron White was appointed to a 3- year term through January 11, 2019. Motion by Resnick to appoint Robert Schaub to a 3-year term through January 11, 2018. Seconded by Lynch. Motion carried 6-0. 3. Human Rights Commission: Three, 3- year terms through January 1, 2019 (Expiring terms of Fisher, LoGuidice and Stone). Appli- cants: Sara Fisher, 3045 Kaufmann Ave.; An- gela Jones, 2413 Pearl St.; Adrienne Scott, 1365 Solon St.; R.R.S. Stewart, 460 Summit St.. Upon roll-call vote Sara Fisher, Angela Jones, and Adrienne Scott were appointed to 3-year terms through January 1, 2019. (Fisher – Jones, Rios, Resnick, Connors, Del Toro, Book 146 Regular Session, January 19, 2016 18 Lynch); (Jones – Jones, Rios, Resnick Con- nors Del Toro, Lynch); (Scott – Jones, Res- nick, Connors, Lynch); (Stewart – Resnick, Del Toro). PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council on the following items. 1. Intent to Dispose of 2300 Jackson Street: Proof of publication on notice of public hearing to consider disposing of City-owned real estate at 2300 Jackson Street to Tami M. Paisley and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 22-16 Disposing of City interest in real proper- ty located at 2300 Jackson Street in the City of Dubuque, Iowa. Seconded by Del Toro. Motion carried 6-0. RESOLUTION NO. 22-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2300 JACKSON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 7-16, dated January 4, 2016, declared its intent to dispose of City interest in real proper- ty located at 2300 Jackson Street, legally de- scribed as: Lot 2 of Lot 63 in L.H. Langworthy’s Addi- tion in the City of Dubuque, Iowa accord- ing to the recorded plat thereof (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on January 19, 2016 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agree- ment for the sale to Tami Paisley according to the terms and conditions set out in the pur- chase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The purchase agreement by and between the City of Dubuque and Tami Pais- ley for the sale of the Property, a copy at- tached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City’s interest in the Property to Tami Paisley. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City At- torney’s Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 2. SW Arterial Right of Way Property Ac- quisition: Proof of publication on notice of pub- lic hearing on the intent to commence a public improvement project and to establish Just Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn, if required, for the Southwest Arterial Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 23-16 (as amended) Establishing the fair market value of real prop- erty for the Southwest Arterial Project, direct- ing good faith negotiations for the acquisition of property and authorizing the commence- ment of Eminent Domain Proceedings, if nec- essary, to acquire property. Seconded by Resnick. Responding to questions from the City Council, Assistant City Engineer Bob Schiesl explained the difference between the land being purchased and the area covered by the easement. Motion carried 6-0. RESOLUTION NO. 23-16 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE SOUTH- WEST ARTERIAL PROJECT, DIRECTING GOOD FAITH NEGOTIATIONS FOR THE ACQUISITION OF PROPERTY AND AU- THORIZING THE COMMENCEMENT OF EM- INENT DOMAIN PROCEEDINGS, IF NEC- ESSARY, TO ACQUIRE PROPERTY Whereas, the City of Dubuque (City) has caused to be made appraisals of the proper- ties described below for the Southwest Arterial Project and the Just Compensation Valuation (Fair Market Value) for the properties are listed below; and Whereas, the legal description of each of the properties to be acquired, the owners and the Just Compensation Valuation (Fair Market Value) of each of the properties is listed below; and Whereas, the City Council has conducted a public hearing on the approval of the final loca- tion and alignment of the Southwest Arterial Project, approved the project and the acquisi- tion of all or a part of the property listed below for the Southwest Arterial Project: Parcel No., Property Owner, Land Type, Current Land Use, Fee Title (Acres), Perm Easement (Acres), Just Compensation Value 104, Kluck Partnership as described per Exhibit A, Business, Agricultural, Total Acquisition, $ 190,000 105, Thomas and David Kluck as de- scribed per Exhibit B, Business, Busi- ness, Total Acquisition, $ 520,000 Book 146 Regular Session, January 19, 2016 19 114, William & Janet Siegert as described per Exhibit C, Commercial, Agricultural, 37.63, 3.34, $ 780,277 and; Whereas, Iowa law requires that the City make a good faith effort to negotiate with the owners regarding the purchase before pro- ceeding with condemnation; and Whereas, the City may not make an offer to purchase a property which is less than the Just Compensation Valuation (Fair Market Value) established for the property; and Whereas, the City Council now desires to establish the Just Compensation Valuation (Fair Market Value) for each of the properties; and Whereas, the City wishes to acquire the properties listed for the Southwest Arterial Project by good faith negotiation or eminent domain proceedings, if necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Just Compensation Valuation (Fair Market Value) of each of the properties listed above is hereby established to be the amount of its appraised value as listed above. Section 2. The City Manager is directed to enter into good faith negotiations for the acquisi- tion for each of the above properties, and, if necessary, commence eminent domain pro- ceedings to acquire the properties. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 3. Roasting Solutions, LLC - Development Agreement and Property Acquisition: Proof of publication on notice of public hearing to ap- prove the Development Agreement between the City of Dubuque and Roasting Solutions, LLC for the acquisition of 12.03 acres and a $3.2 million capital investment in a new 34,000 square-foot facility employing 17 full-time equivalent positions in the Dubuque Industrial Center South and the City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 24-16 Approving a Development Agree- ment by and between the City of Dubuque, Iowa and Roasting Solutions, LLC providing for the sale of Lot 1 of Dubuque Industrial Cen- ter South Second Addition in the City of Dubu- que, Iowa. Seconded by Connors. Dan McDonald of Greater Dubuque Development Corporation spoke to the history of family- owned businesses in Dubuque. Roasting Solu- tions Developer/Owner Michael Gantz provid- ed information on the Gantz family’s commit- ment to the project and responded to ques- tions about the progression of creating full-time jobs associated with the project. Motion carried 6-0. RESOLUTION NO. 24-16 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND ROASTING SOLU- TIONS, LLC PROVIDING FOR THE SALE OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER SOUTH SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 6-16, dated January 4, 2016, declared its intent to enter into a Development Agreement with Roasting Solutions, LLC for the sale of Lot 1 of Dubuque Industrial Center South Second Addition in the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on January 19, 2016 at 6:30 p.m. in the City Council Chambers at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, City and Roasting Solutions, LLC have revised the Development Agreement as described in the Memorandum from the City manager to the City Council dated January 14, 2016, attached hereto; and Whereas, it is the determination of the City Council that approval of the Development Agreement, as revised, for the sale to and development of the Property by Roasting Solu- tions, LLC according to the terms and condi- tions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agree- ment by and between the City of Dubuque and Roasting Solutions, LLC, as revised, a copy of which is attached hereto, including the sale of Lot 1 of Dubuque Industrial Center South Sec- ond Addition in the City of Dubuque, Iowa is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed for the Property as provided in the Development Agreement. Section 4. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, January 19, 2016 20 Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS 1. Request for Work Session - Levee Breach Prevention and Preparedness Activi- ties: City Manager recommending the City Council schedule a Work Session for March 7, 2016, at 5:00 p.m. on the levee breach preven- tion and preparedness activities of the John C. Culver Floodwall flood protection system. Mo- tion by Connors to receive and file the docu- ments and set the work session as recom- mended. Seconded by Resnick. Motion carried 6-0. 2. Request for Work Session - EPA Con- sent Decree Status Report: City Manager rec- ommending the City Council schedule a Work Session for Monday, March 21, 2016, at 5:00 p.m. on the EPA Consent Decree. Motion by Lynch to receive and file the documents and set the work session as recommended. Se- conded by Connors. Motion carried 6-0. 3. Request for Work Session - Sustainable Dubuque Quarterly Report: City Manager rec- ommending the City Council schedule the Quarterly Sustainable Dubuque Work Session for April 4, 2016, at 5:00 p.m. Motion by Lynch to receive and file the documents and set the work session as recommended. Seconded by Rios. Motion carried 6-0. 4. Request for Work Session - Inclusive Dubuque Quarterly Report: City Manager rec- ommending the City Council schedule the quarterly Inclusive Dubuque Work Session for April 18, 2016, at 5:15 p.m. Motion by Connors to receive and file the documents and set the work session as recommended. Seconded by Del Toro. Motion carried 6-0. There being no further business, upon mo- tion the City Council adjourned at 6:58 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special and Regular Sessions, February 1, 2016 21 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on February 1, 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 Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Community Engagement. WORK SESSION COMMUNITY ENGAGEMENT Human Rights Director Kelly Larson, Community Engagement Coordinator Nikola Pavelic, Community Development Specialist Jerelyn O’Connor, and Sustainable Communi- ty Coordinator Cori Burbach presented a pro- gress report on planning, implementing and evaluating staff’s community engagement work and gathered City Council input on the pro- gress. Topics included • Word Definitions: governance, communi- ty engagement, community engagement focus area, community engagement type • Work done: team, audience, goals, risk, communication • Project Updates • Reminder of the community engagement planning • Explanation of community engagement evaluation proposal • Overview of 2 recently finished communi- ty engagement projects: Budget Com- munity Engagement; Health Improve- ment Plan • Resilient Community Advisory Commis- sion update • Developing a Community Engagement Action Plan • Value to residents The City Council had a question/answer period with staff during which it was suggested that a database be developed to include per- sons who have inquired with the city about a specific topic and invite them to a future ses- sion related to that topic. There being no further business, upon mo- tion the City Council adjourned at 6:05 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 1, 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 Lindahl 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 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 1/19; Sister City Rela- tionships Advisory Commission of 1/20; Proof of Publication for City Council Proceedings of 1/4. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Charles Ja- cobs for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Charles Jacobs for vehicle damage. Up- on motion the documents were received, filed and concurred. 4. Arts and Cultural Affairs Operating Sup- port and Special Projects Grant Program Modi- fications: City Manager recommending several modifications to the Operating Support and Special Projects Grant programs offered through the Arts and Cultural Affairs Advisory Commission. Upon motion the documents were received, filed and approved. 5. Sustainable Dubuque Community Grant Recommendations: City Manager recommend- ing approval of five grant requests from the Book 146 Regular Session, February 1, 2016 22 Sustainable Dubuque Community Grant pro- gram. Upon motion the documents were re- ceived, filed and approved. 6. Roasting Solutions, LLC - Accepting Grant of Temporary Easements: City Manager recommending acceptance of a Grant of Tem- porary Easements for Sanitary Sewer Utility Construction under and across the site that Roasting Solutions, LLC purchased in Dubu- que Industrial Center South. Upon motion the documents were received and filed and Reso- lution No. 25-16 Accepting a Grant of Tempo- rary Easements for Sanitary Sewer Utility Construction through, under and across part of Lot 1 of Dubuque Industrial Center South Sec- ond Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 25-16 ACCEPTING A GRANT OF TEMPORARY EASEMENTS FOR SANITARY SEWER UTIL- ITY CONSTRUCTION THROUGH, UNDER AND ACROSS PART OF LOT 1 OF DUBU- QUE INDUSTRIAL CENTER SOUTH SEC- OND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, Roasting Solutions, LLC and the City of Dubuque, Iowa entered into a Devel- opment Agreement dated for reference pur- poses the 14th day of January, 2016; and Whereas, Roasting Solutions, LLC has ex- ecuted a Temporary Easement for Sanitary Sewer Utility Construction, a copy of which is attached hereto, through, under and across the following described real estate situated in Dubuque, Iowa to wit: Lot 1 of Dubuque Industrial Center South Second Addition in the City of Dubuque, 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 Temporary Easements for Sanitary Sewer Utility Con- struction 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. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Economic Development Administration (EDA) Technical Assistance Program: City Manager transmitting a letter of support for the East Central Intergovernmental Association (ECIA) and Blackhawk Hills Council of Gov- ernments application to the Economic Devel- opment Administration's (EDA) Technical As- sistance program to complete a comprehen- sive freight study in an eight-county region in Illinois and Iowa. Upon motion the documents were received and filed. 8. Pre-Annexation Agreement - John & Gayle Hancock: City Manager recommending approval of a Pre-Annexation Agreement with John F. and Gayle M. Hancock, property own- ers in the Twin Ridge Subdivision. Upon mo- tion the documents were received and filed and Resolution No. 26-16 Approving a Pre- Annexation Agreement between the City of Dubuque, Iowa and John F. and Gayle M. Hancock was adopted. RESOLUTION NO. 26-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JOHN F. AND GAYLE M. HANCOCK Whereas, John F. and Gayle M. Hancock, the owners of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexa- tion of the Property to the City of Dubuque: Lot 13 Block 1 Twin Ridge Subdivision No. 3, Dubuque County, Iowa Whereas, John F. and Gayle M. Hancock, have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexa- tion of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between John F. and Gayle M. Han- cock and the City of Dubuque is hereby ap- proved. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, February 1, 2016 23 9. Hartig III, LLC to Hartig IV, LLC Assign- ment: City Manager recommending approval of the Assignment of Development Agreement and Consent to Transfer for Hartig III, LLC to Hartig IV, LLC related to property at 703 Main Street. Upon motion the documents were re- ceived and filed and Resolution No. 27-16 Approving the Assignment of Development Agreement and Consent to Transfer between the City of Dubuque, Iowa Hartig Realty III, LLC and Hartig Realty IV, LLC was adopted. RESOLUTION NO. 27-16 APPROVING THE ASSIGNMENT OF DE- VELOPMENT AGREEMENT AND CONSENT TO TRANSFER BETWEEN THE CITY OF DUBUQUE, IOWA HARTIG REALTY III, LLC, AND HARTIG REALTY IV, LLC Whereas, the City of Dubuque, Iowa en- tered into a Development Agreement with Har- tig Realty III, LLC dated September 21, 2006; and Whereas, Hartig Realty III, LLC assigned its rights and responsibilities under the Devel- opment Agreement and deeded the property bound by the Development Agreement to Har- tig Realty IV, LLC on December 22, 2015; and Whereas, Hartig Realty III, LLC has re- quested approval of its Assignment of the De- velopment Agreement and Consent to Trans- fer, as allowed in Section 4.10 of the Devel- opment Agreement; and Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should consent to the assignment and transfer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby ap- proves the Assignment of Development Agreement and Consent to Transfer, a copy of which is attached hereto. Section 2. The Mayor is authorized and di- rected to sign the Assignment of Development Agreement and Consent to Transfer on behalf of the City of Dubuque. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Iowa Economic Development Authority - Amendment No. 8 for Caradco and Linseed Oil Paintworks Buildings: City Manager rec- ommending approval of Amendment 8 to the CDBG Contract for Caradco and Linseed Oil Paintworks Buildings to correct reporting lan- guage. Upon motion the documents were re- ceived, filed and approved. 11. Human Rights Commission Fiscal Year 2015 Annual Report: City Manager transmit- ting the Human Rights Commission's Fiscal Year 2015 annual report. Upon motion the documents were received and filed. 12. Restrictive Covenant - 2008 Foye Street: City Manager recommending approval of a Resolution attaching a Restrictive Cove- nant to the property at 2008 Foye Street that requires owner-occupancy for a 21-year peri- od. Upon motion the documents were received and filed and Resolution No. 28-16 Attaching an Owner Occupancy Restrictive Covenant to real estate at 2008 Foye Street, Dubuque, Iowa was adopted. RESOLUTION NO. 28-16 ATTACHING AN OWNER OCCUPANCY RE- STRICTIVE COVENANT TO REAL ESTATE AT 2008 FOYE STREET, DUBUQUE, IOWA Whereas, the City currently owns the prop- erty at 2008 Foye Street; and Whereas, the City desires to attach a re- strictive covenant to 2008 Foye Street prior to disposal of said real estate; and Whereas, the City intends to dispose of said real estate in the near future and the City desires said real estate to be owner-occupied for a period of twenty one years after the sale. 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 approves the attached restrictive covenant for 2008 Foye Street, legally de- scribed as: East 24 feet of Lot 22 in Cox’s Addition to Dubuque, Iowa – 2008 Foye Street Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Restrictive Covenant for the above described real estate. Section 3. The City is Clerk is hereby au- thorized and directed to provide a certified copy of this Resolution to the City Attorney’s Office for recording in the Office of the Dubu- que County Recorder. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Liberty Subdivision Acceptance of Subdivision Improvements: City Manager rec- ommending acceptance of the public im- provements that the developer, Graceland LLC, has recently completed in Liberty Subdi- vision. Upon motion the documents were re- ceived and filed and Resolution No. 29-16 Accepting public improvements in Liberty Sub- division in the City of Dubuque, Iowa was adopted. Book 146 Regular Session, February 1, 2016 24 RESOLUTION NO. 29-16 ACCEPTING PUBLIC IMPROVEMENTS IN LIBERTY SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 2-12, cer- tain public improvements including street pav- ing with curb, sidewalk ramps, sanitary sewer main, water main, storm sewers and catch basins, fiber optics conduit, street lighting, and storm water detention facilities were installed by the developer of Liberty Subdivision in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accord- ance with the plans approved by the City Council and in conformance with City specifi- cations, and has recommended that the im- provements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Liberty Subdivision be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, Graceland LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Correspondence from the DMASWA notifying the City of the Agency's Fiscal Year 2017 budget and fee schedule effective July 1, 2016. Upon motion the documents were received and filed. 15. Harvard Kennedy School - Innovations in American Government Award: City Manager transmitting an update on the City of Dubu- que’s 2015 application for the Innovations in American Government Award from the Har- vard Kennedy School. Upon motion the docu- ments were received and filed. 16. Signed Contracts: Cooperative Winter Road Maintenance Agreement with Dubuque County; IDOT 2015-2016 Supplemental Agreement for Maintenance and Repair of Primary Roads in Municipalities; City of Dubu- que Parking Lease Agreement with Sacred Heart Church/Holy Spirit Parish. Upon motion the documents were received and filed. 17. Alcohol Compliance Civil Penalty for Alcohol License Holder – Casey's General Store #2421: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Casey's General Store #2421, 4003 Peru Road. Upon motion the documents were re- ceived, filed and approved. 18. Tobacco Compliance – Civil Penalty for Tobacco License Holder – Casey's General Store #2421: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Casey's General Store #2421, 4003 Peru Road. Upon motion the documents were re- ceived, 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. 30-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 30-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Dollar General Store #10074, 2400 Gateway Dr., Class C Beer, Class B Wine (Sunday) Dollar General Store #6896, 605 W. Locust St., Class C Beer, Class B Wine (Sunday) Dollar General Store #7289, 3250 Kennedy Cir. Suite 9, Class C Beer, Class B Wine (Sunday) Fife's, 1113 Main St., Class C Liquor Book 146 Regular Session, February 1, 2016 25 Gin Rickey’s, 1447 Central Ave., Class C Liq- uor (Sunday) Hartig Drug Company #8, 1600 University Ave., Class E Liquor, Class B Wine, Class C Beer (Sunday) Hartig Drug Company #4, 2225 Central Ave., Class E Liquor, Class B Wine, Class C Beer (Sunday) Pusateris, 2400 Central Ave., Class C Liquor (Sunday) The Richards House B&B, 1492 Locust St., Class B Native Wine (Living Qtrs.) (Sun- day) Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Dubuque City Hall - Electrical Service Project: City Manager recommending City Council set a public hearing for February 15, 2016 to give preliminary approval of the con- struction plans and specifications, and initiate the public bidding process for the Dubuque City Hall Electric Service Project. Upon motion the documents were received and filed and Resolution No. 31-16 Dubuque City Hall - Electrical Service Project Preliminary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Adver- tisement for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 15, 2016 in the Historic Fed- eral Building. RESOLUTION NO. 31-16 DUBUQUE CITY HALL - ELECTRICAL SER- VICE PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SET- TING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; AND OR- DERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Dubuque City Hall - Electrical Service Project in the es- timated amount $125,000.00, are hereby pre- liminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 15th day of February, 2016, at 6:30 p.m. in the His- toric Federal Building Council Chambers (sec- ond floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Dubuque City Hall - Electrical Service Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 17th day of February, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 7th day of March, 2016, in the Historic Fed- eral Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. FY 2016 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project: City Manager rec- ommending City Council set a public hearing for February 15, 2016 to give preliminary ap- proval of the construction plans and specifica- tions, and initiate the public bidding process for the FY2016 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project. Upon motion the documents were received and filed and Reso- lution No. 32-16 FY16 Sanitary Sewer Cured- In-Place Pipe (CIPP) Lining Project Prelimi- nary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertisement for Bids was adopted set Book 146 Regular Session, February 1, 2016 26 ting a public hearing for a meeting to com- mence at 6:30 p.m. on February 15, 2016 in the Historic Federal Building. RESOLUTION NO. 32-16 FY16 SANITARY SEWER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT PRELIMI- NARY APPROVAL OF PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTI- MATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISE- MENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the FY16 Sani- tary Sewer Cured-in-Place Pipe (CIPP) Lining Project in the estimated amount $520,000.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 15th day of February, 2016, at 6:30 p.m. in the His- toric Federal Building Council Chambers (sec- ond floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The FY16 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 25th day of February, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 7th day of March, 2016, in the Historic Fed- eral Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Intent to Dispose of Property - Curtiss- McEvoy Street Lot: City Manager recommend- ing City Council set a public hearing for Febru- ary 15, 2016 on the sale of a vacant lot on Curtiss Street to Routley Construction, LLC for the construction of a single-family residence. Upon motion the documents were received and filed and Resolution No. 33-16 Intent to dispose of an Interest in City-owned real prop- erty by sale to Routley Construction, LLC was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 15, 2016 in the Historic Federal Building. RESOLUTION NO. 33-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY SALE TO ROUTLEY CONSTRUCTION, LLC Whereas, the City of Dubuque, Iowa (City) owns the following real property: Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa (the Property); and Whereas, City has entered into an agree- ment with Routley Construction, LLC to sell the Property to Routley Construction, LLC, a copy of which agreement is attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the sale of the Property to Routley Construction, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described real property by sale to Routley Construction, LLC. Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of an interest in the foregoing-described real property, to be held on the 15th day of February, 2016, at 6:30 o'clock p.m. at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Intent to Dispose of Property - 2008 Foye Street: City Manager recommending the City Council set a public hearing for February 15, 2016, on the City’s intent to dispose of property located at 2008 Foye Street to David Book 146 Regular Session, February 1, 2016 27 and Ellen Rath. Upon motion the documents were received and filed and Resolution No. 34- 16 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 15, 2016 in the Historic Fed- eral Building. RESOLUTION NO. 34-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET- TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of 2008 Foye Street (the Proper- ty) legally described as: East 24 feet of Lot 22 in Cox’s Addition to Dubuque, in the City of Dubuque, Iowa according to the recorded plat thereof. Whereas, City acquired the Property as vacant/abandoned property in which the City of Dubuque took possession of in October 2015 through Court Order by filing for petition for; and Whereas, City and David and Ellen Rath entered into a Contract Agreement pursuant to which City will convey the Property to David and Ellen Rath to deconstruct the single family Property and rehabilitate the existing garage in accordance with the Rehabilitation Standards and all applicable City Codes as approved by the City Council; and Whereas, conveying the Property to David and Ellen Rath is consistent with the City’s intent for this specific property; and Whereas, City desires to hold the required public hearing and conveyance of the Property to David and Ellen Rath. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the follow- ing legally described property: East 24 feet of Lot 22 in Cox’s Addition to Dubuque, in the City of Dubuque, Iowa according to the recorded plat thereof. Section 2. That the City of Dubuque, Iowa proposes to dispose of its interest in the Prop- erty to David and Ellen Rath for the sum of one dollar ($1.00). Section 3. That the City Clerk is hereby au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the Property to be held on the 15th day of February, 2016, at 6:30 o’clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Community Development Block Grant (CDBG) Annual Action Plan for Fiscal Year 2017: City Manager recommending the City Council set a public hearing for review of the Community Development Block Grant Annual Action Plan on February 17, 2016 in conjunc- tion with the Housing & Community Develop- ment Department's budget hearing. Upon mo- tion the documents were received and filed and Resolution No. 35-16 Setting a public hearing on the Fiscal Year 2017 (Program Year 2016) Community Development Block Grant (CDBG) Annual Action Plan was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on February 17, 2016 in the Historic Federal Building. RESOLUTION NO. 35-16 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2017 (PROGRAM YEAR 2016) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN Whereas, the City of Dubuque has, through a series of public meetings and hear- ings, finalized a Fiscal Year 2017 (Program Year 2016) Community Development Block Grant Annual Action Plan addressing both housing and non-housing needs in the com- munity; and Whereas, copies of the draft Fiscal Year 2017 (Program Year 2016) CDBG Annual Ac- tion Plan will be available for public comment for 30 days prior to City Council action; and Whereas, the City's Community Develop- ment Advisory Commission has reviewed and recommended adoption of the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on February 17, 2016 for the purpose of holding a public hear- ing and taking action on the Fiscal Year 2017 (Program Year 2016) Community Develop- ment Block Grant Annual Action Plan. Section 2. That the City Clerk be and he is hereby authorized and directed to publish a notice of such public hearing and the City Council’s intent to review and take action on the Fiscal Year 2017 (Program Year 2016) Community Development Block Grant Annual Plan. Book 146 Regular Session, February 1, 2016 28 Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. SW Arterial Right-of-Way Property Ac- quisition: City Manager recommending the City Council set a public hearing for March 7, 2016, on the intent to commence a public improve- ment project and to establish Just Compensa- tion Valuation (Fair Market Value) of neces- sary right-of-way property which the City in- tends to acquire or condemn, if required, for the Southwest Arterial Project. Upon motion the documents were received and filed and Resolution No. 36-16 Setting a public hearing on the intent to commence a public improve- ment project for the Southwest Arterial Project and to acquire agricultural land for the Project and to establish just compensation valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn if required for the Southwest Arterial Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 36-16 SETTING A PUBLIC HEARING ON THE IN- TENT TO COMMENCE A PUBLIC IM- PROVEMENT PROJECT FOR THE SOUTH- WEST ARTERIAL PROJECT AND TO AC- QUIRE AGRICULTURAL LAND FOR THE PROJECT AND TO ESTABLISH JUST COMPENSATION VALUATION (FAIR MAR- KET VALUE) OF NECESSARY RIGHT-OF- WAY PROPERTY WHICH THE CITY IN- TENDS TO ACQUIRE OR CONDEMN IF RE- QUIRED FOR THE SOUTHWEST ARTERIAL PROJECT Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written notice of a public hearing to each owner of record of agri- cultural land that may be the subject of con- demnation; and Whereas, the City Council finds that it may be necessary to acquire or condemn in whole or in part the following-described property for the Southwest Arterial Project: Parcel 112 Part of Lot 2 of 2, a part of the Divi- sion of Lot 2 of South Fork Industrial Subdivision No. 1, Section 31, Township 89 North, Range 2 East of the 5th P.M., according to the United States Govern- ment Survey and the recorded plats thereof subject to highway and ease- ments of record. Part of Lot 2 of 1, a part of the divi- sion of Lot 1 of South Fork Industrial Subdivision No. 1, Section 31, Township 89 North, Range 2 East of the 5th P.M., according to the United States Govern- ment Survey and the recorded plats thereof subject to highway and ease- ments of record. Parcel 113 Part of Lot B of the Northeast 1/4 of the Southeast 1/4, Section 31, Township 89 North, Range 2 East of the 5th P.M., according to the United States Govern- ment Survey and the recorded plats thereof subject to highway and ease- ments of record. Part of Lot C of the Northeast 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 31, Township 89 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 149 A part of Lot 1 in Valentine Place Plat 3; Lot 2 in Valentine Place Plat 2; and the SE¼ of the SW¼, Lot 2 in the NW¼ of the SW¼, Lot 2 in the SW¼ of the SW¼, and Lot 1 of Lot 1 in the West ½ of the NW¼ of Section 3, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 150A A part of Lot A of Lot 2 of the North- west 1/4 of the Southwest 1/4 of Section 3 and of Lot 1 in Valentine Place No. 3, all in Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the rec- orded plats thereof, subject to highway and easements of record. Parcel 150B A part of Lot A of the Northwest 1/4 of the Southeast 1/4 and of The Southwest 1/4 Of The Southeast 1/4 And Of The Southeast 1/4 Of The Southeast 1/4, All in Section 3, Township 88 North, Range 2 East Of The 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 152 A part of the West ½ of the Northwest ¼ of Section 11, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 161 A part of the South ½ of the NE¼, Lot 1 of the East 39 acres of the NE¼ of the NW¼, Lot 1 of the East 39 acres of the SE¼ of the NW¼, Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the NW¼ of the SE¼ and Lot 1 of Lot 1 of Lot 7 of the Ne¼ of Book 146 Regular Session, February 1, 2016 29 the SE¼, all in Section 11, Township 88 North, Range 2 East of the 5th P.M., ac- cording to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Whereas, the owner of the Parcel 112 is Plastic Center, Inc.; and Whereas, the owner of the Parcel 113 is Paul and Jane Cate; and Whereas, the owner of the Parcel 149 is Ronald and Gary Valentine; and Whereas, the owner of the Parcel 150A is Gary Valentine; and Whereas, the owner of the Parcel 150B is Valentine & Sons Farm Ltd; and Whereas, the owner of the Parcel 152 is William Kress; and Whereas, the owner of the Parcel 161 is Elizabeth Reuter; and Whereas, a public hearing should be set on the City’s intent to commence a public im- provement project for the Southwest Arterial Project and to acquire or condemn, if neces- sary, Parcels 112, 113, 149, 150A, 150B, 152, and 161; and Whereas, notice of the public hearing should be published and mailed as required by law to the owners of Parcels 112, 113, 149, 150A, 150B, 152, and 161. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: The City Clerk is hereby authorized and di- rected to cause a notice in the form attached hereto to be mailed to each of the owners and published as prescribed by Iowa Code § 6B.2A of a public hearing on the City's intent to com- mence a public improvement project for the Southwest Arterial Project and to acquire or condemn in whole or in part, if necessary, Par- cels 112, 113, 149, 150A, 150B, 152, and 161, to be held on the 7th day of March, 2016, at 6:30 o'clock p.m. in the Historic Federal Build- ing Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following boards/commission. 1. Community Development Advisory Commission (Review): Two, 3-year terms through February 15, 2019 (Expiring terms of Caldwell as LMI Area Representative and Hin- ke as At-Large). Applicants: Theresa Caldwell, 1633 Elm St. (qualifies for LMI Area Repre- sentative); Michelle Hinke, 973 Patricia Ann Dr. (qualifies for At-Large) 2. Sister City Relationships Advisory Commission (Review): One, 3-year term through February 1, 2019 (Expiring term of Thurn). Applicant: Louise Thurn, 3037 Kauf- mann Ave. Appointment was made to the following Commission. 3. Historic Preservation Commission (Ap- pointment): One, 3-year term through July 1, 2016 (Vacant term of McDonell – Jackson Park District Interim). Applicant: Alfred P. Kopczyk, 1320 Locust St. (qualifies for the Jackson Park District Resident). Motion by Lynch to appoint Mr. Kopczyk to the remainder of a 3-year term through July 1, 2016. Se- conded by Rios. Motion carried 4-3 with Res- nick, Jones, and Connors voting nay. ACTION ITEMS 1. Grand River Center Annual Report: Mitzi Yordy with Platinum Hospitality Group and General Manager of the Grand River Center presented the Center's Annual Report for 2015. Topics included the Center’s purpose; 2015 guest count and local spending figures; promotional strategy and awards; annual groups comparison; actual and 2016 forecast- ed market segment; types of groups for 2015 and 2016; sustainability efforts; partnerships. Motion by Jones to receive and file the infor- mation. Seconded by Resnick. Responding to questions from the City Council, Ms. Yordy stated that they will investigate in-house or city-staff options for escalator repair. Motion carried 7-0. 2. Community Development Block Grant Fund (CDBG) Annual Action Plan Amendment 3 for Fiscal Year 2016: City Manager recom- mending approval of the Fiscal Year 2016 Community Development Block Grant Annual Action Plan – Amendment 3. Motion by Con- nors to receive and file the documents and adopt Resolution No. 37-16 Approving Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 3 for Community Develop- ment Block Grant (CDBG) Funds. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 37-16 APPROVING FISCAL YEAR 2016 (PRO- GRAM YEAR 2015) ANNUAL ACTION PLAN AMENDMENT 3 FOR COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) FUNDS Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Years 2016; and Book 146 Regular Session, February 1, 2016 30 Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocating funds between existing activities and providing funds for new activities; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and therefore must be ap- proved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City made available for pub- lic comment said Annual Action Plan on De- cember 20, 2015 and advertised a 30 day pub- lic comment period ending January 20, 2016; and Whereas, the Community Development Advisory Commission reviewed said amend- ment during a public hearing on January 20, 2016 and voted to approve said amendment and recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plan for Fiscal Year 2016 (Program Year 2015) is hereby amended to increase funds to Pur- chase Rehab Resale and Microenterprise Lending activities as described in the FY 2016 Annual Action Plan – Amendment 3, attached hereto as Exhibit A. Section 2. That said Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 3 attached hereto as Exhibit A is hereby approved. Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and amendment to the U.S. Department of Housing and Urban Develop- ment. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Resilient Community Advisory Commis- sion Update: City Manager recommending approval to proceed with the community en- gagement process that will inform the devel- opment of a Resilient Community Advisory Commission. Motion by Connors to receive and file the documents and approve the rec- ommendation. Seconded by Lynch. Motion carried 7-0. 4. Fiscal Year 2017 Recommended Budget Transmittal: City Manager submitted the Fiscal Year 2017 Recommended Budget Transmittal Message and provided a presentation. Motion by Connors to receive and file. Seconded by Resnick. City Manager Van Milligen responded to questions from the City Council following discussion regarding actual property tax rates versus decrease percentages. health insur- ance increases, time studies for City employ- ees and comparisons to other cities, pay rais- es/freezes and their relationship to collective bargaining and arbitration requirements, debt reduction, Five Flags Civic Center us- age/investment, and continued discussion on looking for opportunities for adjustments to the budget through the upcoming public hearings. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the death of Dubuque County Supervisor and for- mer Iowa State Senator Tom Hancock. There being no further business, upon mo- tion the City Council adjourned at 8:07 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Sessions, February 2 and 3, 2016 31 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on February 2, 2016 at the Grand River Center, 500 Bell Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl. Also present: Assistant City Managers Cindy Steinhauser and Teri Goodmann, Assis- tant City Attorneys Crenna Brumwell and Maureen Quann. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a governance work session with the City Council. WORK SESSION CITY COUNCIL GOVERNANCE Lyle Sumek facilitated a Governance work session with the City Council and provided history, background and agenda for the ses- sion. Topics discussed: • Working Model for Governance (What), Management (How) and Service (Ac- tions) • Effective Teamwork: G-R-E-A-T: Goals, Roles, Execute, Attitude, Trust • Types/Comparisons of teams: loser, competitive, winner, champion • 12 Points of an Effective Mayor and City Council • Framework for effectiveness • Defining and identifying success for and image of the City • Protocols and operating guidelines There being no further business, upon mo- tion the City Council adjourned at 9:13 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on February 3, 2016 at the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, Assistant City Attorney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on reviewing and accessing City budget docu- ments and information and the capabilities of the City’s web page. WORK SESSION Training on Accessing the City’s Financial and Budget Information Information Services Manager Chris Kohl- mann and Lead Applications/Network Analyst Joe Pregler provided a slide presentation on the City of Dubuque’s Open Finance and Budget portals now available through the City’s website. Budget Director Jenifer Larson provided a slide presentation on the City’s budget books, budget process as well as how to access the budget documents on the City’s website. • Open Budget Portal Introduction • Open Finance Portal • Next Steps Open Data o Open Performance o Open Data Catalog • Budget Books Layout • Accessing Budget Documents on the Website There being no further business, upon mo- tion the City Council adjourned at 7:24 p.m. /s/Trish L. Gleason, CMC, Assistant City Clerk Book 146 Special Sessions, February 4 and 8, 2016 32 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on February 4, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Del Toro. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session on pending litigation and property acquisition pur- suant to Chapter 21.5(1)(c), -(j) of the Code of Iowa. For the record, the attorneys who we will consult with on the issues to be discussed in the closed session are Attorneys Barry Lindahl and James Wainwright. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa Motion by Jones to convene in closed ses- sion at 5:06 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) of the Code of Iowa. Seconded by Resnick. Motion carried 6-0. Upon motion the City Council reconvened in open session at 7:53 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 7:54 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL Council met in special session at 6:30 p.m. on February 8, 2016 in the Historic Federal Building. Present: Mayor Buol, Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Michael Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City Fiscal Year 2017 departmental budgets. FISCAL YEAR 2017 DEPARTMENTAL BUDGET REVIEW Fiscal Year 2017 City departmental budg- ets were presented by staff from the following departments: Information Services: Chris Kohlmann In- formation Services Manager City Attorney’s Office (Legal) – Barry Lin- dahl, City Attorney; and Crenna Brumwell, Assistant City Attorney City Manager’s Office: Cindy Steinhauser, Assistant City Manager; Teri Goodmann, As- sistant City Manager; Jerelyn O’Connor, Neighborhood Development Specialist; Cori Burbach, Sustainable Community Coordinator; Randy Gehl, Public Information Officer; Nikki Breitsprecker, GIS Coordinator; Jenny Larson, Budget Director; Randy Peck, Personnel Man- ager City Council: Michael Van Milligen, City Manager City Clerk’s Office: Kevin Firnstahl, City Clerk Cable TV Division: Craig Nowack Cable TV Coordinator The City Council had discussion with the representatives of each department following their respective presentations. Following the City Attorney’s Office presen- tation, Assistant City Attorney Crenna Brum- well was asked to provide information on the comparative costs related to the vendor con- tract for HUD-required, fair housing testing improvement package and additional recurring costs for staff time if the City certified staff members to do the testing. Following the City Manager’s Office presentation, City Manager Van Milligen was asked to provide information on the last review of staffing levels current comparisons to other Book 146 Special Session, February 10, 2016 33 Iowa cities. Helene Magee, 611 So. Grandview addressed the Council about in- formation she had gathered on the salaries of City Managers from cities in Iowa and adjacent states. There being no further business, the City Council adjourned at 9:50 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL Council met in special session at 6:30 p.m. on February 10, 2017 in the Historic Federal Building. Present: Mayor Buol, Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Michael Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City depart- mental Fiscal Year 2017 budgets. FISCAL YEAR 2017 DEPARTMENTAL BUDGET REVIEW Fiscal Year 2017 City departmental budg- ets were presented by staff from the following departments: Library: Susan Henricks, Library Director Planning Services: Laura Carstens, Plan- ning Services Manager Finance Department: Jean Nachtman, Fi- nance Director Human Rights Department: Kelly Larson, Human Rights Director Airport: Robert Gierson, Airport Manager Health Services: Mary Rose Corrigan, Pub- lic Health Specialist The City Council had discussion with the representative of each department following their respective presentations. Following the Library’s presentation, the City Council asked Ms. Henricks to provide some case studies on the success of the Changing Lives through Literature program requested in the department’s budget, Im- provement Package #4. There being no further business, the City Council adjourned at 9:32 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special and Regular Sessions February 15, 2016 34 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:15 p.m. on February 15, 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 (joined at 5:30 p.m.), City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session with the Dubuque Area Convention and Visitors Bureau. WORK SESSION Dubuque Area Convention and Visitors Bureau Keith Rahe, President and CEO of the Dubuque Area Convention and Visitors Bureau introduced staff and provided a slide presenta- tion on the activities and budget of the CVB. Topics included: • Mission statement • Organizational chart • Board of Directors membership • Advisory Committee membership • Staff and positions • Awards • Community branding; marketing radius, co-op, audience, top markets, web site results, travel guide information, group and meeting sales, familiarization tours • Sports & events • Media buy mediums • Economic impact: by year, hotel/motel tax records/occupancy, group tour sales, sales team meetings, conventions & meetings, sports & events, • Quality of life: Cultural vibrancy, inclusivi- ty, legislative priorities, • Proposed budget Mr. Rahe responded to questions from the City Council and specifically addressed receiv- ing input on new offerings, working with the YM-YWCA, military reunions and the use of social media. There being no further business, upon mo- tion the City Council adjourned at 6:14 p.m. Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 15, 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 Lindahl 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 PRESENTATION(S) Circles Award Presentation: Dubuque NAACP representative Miquel Jackson pre- sented the Dubuque Circles Initiative with the Thom Determan SCOPE (Standout Communi- ty Organization Pursuing Equity) Award which was accepted by Circles Coach Ermina Soler. PROCLAMATION(S) Rotary of Dubuque 100th Anniversary (February 18, 2016) was accepted by Rotary Members Steve Giesz and Craig Beytien; Rare Disease Day (February 29, 2016) was accepted by Marla Cruise, local volunteer with the National Organization of Rare Disor- ders. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 2/1, 2/2, 2/3, 2/4, 2/8; 2/10; Community Development Advisory Commission of 1/20; Five Flags Civic Center Advisory Commission of 1/25; Housing Com- mission of 1/26; Historic Preservation Com- mission of 1/21; Investment Oversight Adviso- ry Commission of 1/27; Library Board of Trus- tees Council Update of 1/28; Zoning Advisory Commission of 2/3; Zoning Board of Adjust- ment of 1/28; Proof of Publication for City Council Proceedings of 1/19. Upon motion the documents were received and filed. Book 146 Regular Session, February 15, 2016 35 2. Notice of Claims and Suits: Rayanna Bockenstedt for vehicle damage; Eugene Chappell for property damage; Dean Rampson for property damage. Upon motion the docu- ments were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa the agent for the Iowa Communities Assurance Pool: Rayanna Bockenstedt for vehicle dam- age, Eugene Chappell for property damage, and Dean Rampson for property damage. Up- on motion the documents were received, filed and concurred. 4. Dubuque National Service Partnership Award: City Manager transmitting information about the Dubuque National Service Partner- ship’s national recognition and award from the Iowa Campus Compact. Upon motion the doc- uments were received and filed. 5. Water in Dubuque Brochure: City Man- ager transmitting a public information brochure from the Water Department regarding Dubu- que's water quality and quantity. Upon motion the documents were received and filed. 6. 2016 Federal Legislative Priorities: City Manager recommending adoption of the 2016 Federal Legislative Priorities. Upon motion the documents were received and filed. 7. Quarterly Investment Report: City Man- ager transmitting the Quarterly Investment Report for December 21, 2015. Upon motion the documents were received and filed. 8. Certified Local Government (CLG) An- nual Report: City Manager transmitting the 2015 Certified Local Government (CLG) An- nual Report and recommending authorization for the Mayor to sign the report. Upon motion the documents were received, filed and ap- proved. 9. Urban Revitalization Property Tax Ex- emption Applications: City Manager recom- mending approval of 15 applications for prop- erty tax exemption from the Urban Revitaliza- tion Program for Calendar Year 2015. Upon motion the documents were received and filed and Resolution No. 38-16 Approving property tax abatement applications submitted by prop- erty owners in recognized Urban Revitalization Areas and authorizing the transmittal of the approved applications to the City Tax Asses- sor was adopted. RESOLUTION NO. 38-16 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPER- TY OWNERS IN RECOGNIZED URBAN RE- VITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSES- SOR Whereas, Chapter 404 of the Code of Iowa the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act re- quires property owners to submit a written application for abatement by February 1 of the assessment year for which the abatement is first claimed, and further requires the City Council to approve all applications that meet the requirements of the adopted Urban Revi- talization Plan and forward the approved appli- cations to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Urban Revitalization Areas were established: Upper Main, Jackson Park, Washington Neighborhood, West 11th Street, Upper Main, Cathedral, Old Main, and Kunkel & Associates; and Whereas, the City of Dubuque, as of Feb- ruary 1, 2015, received residential tax abate- ment applications from the following property owners in the aforementioned urban revitaliza- tion districts eligible for 10 year 100% abate- ment: Washington Neighborhood Urban Revitali- zation Area, established March 2007 1840 Washington St., Debra J. Allen 2003 Washington St., Rickey Carner II 1318 Jackson St., Shane P. Hurley- Lenans & Alison G. Lerasseur 2059 Jackson St., Paul & Cindy Lesta 1623 Washington St., David Przybylski 1598 Washington St., Pavlo Ramirez 1466 Jackson St., Deanna Roberson 1667 Jackson St., Danielle Stowell 1208 Jackson St., Katherine Mary Tully 1922 White St., Gloria Valdez West 11th Street Urban Revitalization Area, established March, 1981 1635 Catherine St., David & Bridget Stipanovich 1088 Walnut St., Merrick Investments Whereas, the City of Dubuque, as of Feb- ruary 1, 2015, received commercial tax abatement applications from the following property owners in the Washington Neighbor- hood Urban Revitalization District eligible for 3 year 100% abatement; Washington Neighborhood Urban Revitali- zation Area, established March 2007 1104 and 118 White St., Cheryl M. Rusk Book 146 Regular Session February 15, 2016 36 1763 Central Ave., SAZS LLC D/B/A Stephen High 340 E. 12th St., JD&C, LLC; and Whereas, the Housing and Community Development Department has reviewed the above-described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque’s Ur- ban Revitalization Plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax abatement applications meet the requirements of the City of Dubuque’s Urban Revitalization Plans. Section 2. That the above-described tax abatement applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby au- thorized and directed to forward the above- described tax abatement applications to the City Assessor. Passed, approved and adopted this 15th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Partners for Places Grant Application: City Manager recommending approval to sub- mit a Partners for Places Grant Application in partnership with the Community Foundation of Greater Dubuque. Upon motion the documents were received, filed and approved. 11. PEG Capital Grant Expenditure Re- quest: City Manager recommending approval of the Cable TV Commission's request for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to reimburse the City of Dubuque's Cable TV Division for synchroni- zation equipment purchased for transitioning to high definition. Upon motion the documents were received, filed and approved. 12. Chavenelle Road Hike/Bike Trail Pro- ject Grant: City Manager recommending ap- proval of a resolution authorizing the City of Dubuque to submit an application for a Dubu- que Metropolitan Area Transportation Study Transportation Alternatives Program Grant to assist with funding a proposed Hike/Bike Trail along Chavenelle Road from the Northwest Arterial to Seippel Road. Upon motion the documents were received and filed and Reso- lution No. 39-16 Authorizing the filing of a grant application with the Dubuque Metropoli- tan Area Transportation Study (DMATS) for Transportation Alternatives Program (TAP) funding for the City of Dubuque Chavenelle Road Hike/Bike Trail Project was adopted. RESOLUTION NO. 39-16 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE DUBUQUE MET- ROPOLITAN AREA TRANSPORTATION STUDY (DMATS) FOR TRANSPORTATION ALTERNATIVES PROGRAM (TAP) FUND- ING FOR THE CITY OF DUBUQUE CHA- VENELLE ROAD HIKE/BIKE TRAIL PRO- JECT Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) has allocated DMATS Transportation Alternatives Program funds to be used on trail facilities; and Whereas, the City of Dubuque has deter- mined that improvements to this corridor will make Chavenelle Road between the North- west Arterial (IA 32) and Seippel Road a com- plete street and provide a future connection for alternative transportation to the Southwest Arterial; and Whereas, the City of Dubuque is seeking the necessary funding for project implementa- tion, and upon completion, in cooperation with the Iowa Department of Transportation, be responsible for adequately maintaining and operating the project for public use during the project’s useful life per the grant agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City files this grant applica- tion for funds through the Transportation Alter- natives Program to fund the Chavenelle Road Hike/Bike Trail improvements. Section 2. That the City Council hereby provides it written assurance that the complet- ed project will be adequately maintained for its intended use in accordance with the grant re- quirements. Passed, approved and adopted this 15th day of January, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. English Ridge, LLC - Development Agreement: City Manager recommending ap- proval of an agreement with English Ridge, LLC for development of a housing subdivision. Upon motion the documents were received and filed and Resolution No. 40-16 Approving an agreement between the City of Dubuque, Iowa and English Ridge, LLC for the Develop- ment of property in the English Ridge Housing Urban Renewal Area was adopted. Book 146 Regular Session, February 15, 2016 37 RESOLUTION NO. 40-16 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ENG- LISH RIDGE, LLC FOR THE DEVELOPMENT OF PROPERTY IN THE ENGLISH RIDGE HOUSING URBAN RENEWAL AREA Whereas, the City Council, by Resolution No. 348-15, dated October 5, 2015, declared its intent to establish the English Ridge Hous- ing Urban Renewal Area; and Whereas, pursuant to published notice, a public hearing was held on the intent to estab- lish the English Ridge Housing Urban Renewal Area on November 2, 2015 at 6:30 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, the City Council, following the public hearing, by Resolution No. 380-15, ap- proved the English Ridge Housing Urban Re- newal Area; and Whereas, English Ridge, LLC is the owner of property in the English Ridge Housing Ur- ban Renewal Area (the Property); and Whereas, the City Council and English Ridge, LLC desire to enter into the Develop- ment Agreement attached hereto for the de- velopment of the Property; and Whereas, it is the determination of the City Council that approval of the Development Agreement according to the terms and condi- tions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agree- ment by and between the City of Dubuque and English Ridge, LLC is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 15th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Section 8/Housing Choice Voucher Administrative Plan Amendments: City Man- ager recommending approval of a resolution approving changes to the Housing Choice Voucher/Section 8 Administrative Plan. Upon motion the documents were received and filed and Resolution No. 41-16 Approving amend- ments to the Section 8 Administrative Plan was adopted. RESOLUTION NO. 41-16 APPROVING AMENDMENTS TO THE SEC- TION 8 ADMINISTRATIVE PLAN Whereas, the City of Dubuque is designat- ed as a Public Housing Authority; and Whereas, the City of Dubuque maintains a comprehensive Public Housing Agency Plan; and Whereas, the City of Dubuque desires to amend said Public Housing Agency Plan; and Whereas, said amendments are approved by HUD, Resident Advisory Board and the Housing Commission, the amendments must be approved by resolution of the City Council for adoption and implementation; and Whereas, the Housing Commission held a public meeting on January 26, 2016; and Whereas, the Housing Commission voted to approve said amendments and recom- mended approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Section 8 Administra- tive Plan is hereby amended to adopt the changes to the Plan adjusting arrival time for applicants to attend briefings, attached hereto as Exhibit A. Section 2. That the Section 8 Administra- tive Plan is hereby amended to adopt the changes to the Plan for processing interim reexaminations, attached hereto as Exhibit B. Section 3. That the Section 8 Administra- tive Plan is hereby amended to adopt the changes to the Plan setting the minimum rent for this locality at $0.00 and removing hardship exemptions, attached hereto as Exhibit C. Passed, approved and adopted this 15th day of February, 2016 Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. Storybook Hill Children's Zoo Boosters - Request to Construct Pavilion: City Manager recommending approval for the Storybook Hill Children’s Zoo Boosters to construct a second new open air pavilion on the ground they lease from the City at Franklin D. Roosevelt Park. Upon motion the documents were received, filed and approved. 16. Stone Cliff Winery License and Lease Agreement: City Manager recommending ap- proval of the renewal of the License Agree- ment with Stone Cliff Winery for a section of the Amphitheater and approval of a new Lease Agreement for their outdoor patio pergola through December 31, 2016. Upon motion the documents were received, filed and approved. 17. Award Timber Hyrst #4 North Line San- itary Sewer Project: City Manager recommend- ing that the award for the Timber Hyrst Estates Book 146 Regular Session February 15, 2016 38 #4 Sanitary Sewer North Line Project to Con- nolly Construction, Inc., be officially recorded in the minutes of the City Council. Upon mo- tion the documents were received, filed and made a Matter of Record. 18. Timber Hyrst #4 South Line Sanitary Sewer Project Award: City Manager recom- mending that the award for the Timber Hyrst Estates #4 Sanitary Sewer South Line Project to Connolly Construction, Inc. be officially rec- orded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 19. NW Arterial Fiber Optics - John F. Kennedy Road to US 52 Project Award: City Manager recommending that the award for the Northwest Arterial Fiber Optics - JFK to US 52 Project to Portzen Construction, Inc. be offi- cially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 20. 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. 42-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 42-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewal Big 10 Mart, 2100 J.F. Kennedy Rd., Class C beer, Class B Native Wine (Sunday) Dubuque Mining Co., 555 JFK Rd Kennedy Mall Suite #600, Class C Liquor (Outdoor) (Sunday) Exxtreme Pub, From 1701 Central Ave., Class C Liquor (Sunday) Hammerheads Bar & Billiards, 2095 Kerper Blvd, Class C Liquor (Sunday) Hy-Vee Market Cafe #3, 400 Locust St., Class C Liquor (Sunday) Northside Bar, Inc., 2776 Jackson St., Class C Liquor (Outdoor) (Sunday) Oky Doky #8 Foods, 535 Hill St. Suite A, Class C Beer, Class B Wine (Sunday) The Clubhouse, 2364 Washington St., Class C Liquor Town Clock Inn, 799 Town Clock Plaza, Class C Liquor Wild Coyote Saloon, 1902 Central Ave., Class C Liquor (Sunday) Permanent Transfer Exxtreme Pub, From 1701 Central Ave. to 1700 Central Ave., Class C Liquor (Sunday) Passed, approved and adopted this 15th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. 1. Heeb Street Retaining Wall Reconstruc- tion Project: City Manager recommending initi- ation of the public bidding process for the Heeb Street Retaining Wall Reconstruction Project, and further recommends that a public hearing be set for March 7, 2016. Upon motion the documents were received and filed and Resolution No. 43-16 Heeb Street Retaining Wall Project - Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 43-16 HEEB STREET RETAINING WALL PRO- JECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS Book 146 Regular Session, February 15, 2016 39 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Heeb Street Retaining Wall Project in the estimated amount $242,543.45, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 7th day of March, 2016 at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Heeb Street Retaining Wall Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 10th day of March, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 21st day of March, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 15th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. 2016 Bridge Repair Maintenance Pro- ject: City Manager recommending initiation of the public bidding procedure for the 2016 Bridge Repairs and Maintenance Project, and further recommends that a public hearing be set for March 7, 2016. Upon motion the docu- ments were received and filed and Resolution No. 44-16 2016 Bridge Repairs and Mainte- nance Project - Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 44-16 2016 BRIDGE REPAIRS AND MAINTE- NANCE PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the 2016 Bridge Repairs and Maintenance Project in the estimated amount $175,700.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 7th day of March, 2016 at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The 2016 Bridge Repairs and Maintenance Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 10th day of March, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 21st day of March, 2016, in the Historic Book 146 Regular Session February 15, 2016 40 Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 15th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments to the following commissions were made at this meeting. 1. Community Development Advisory Commission: Two, 3-year terms through Feb- ruary 15, 2019 (Expiring terms of Caldwell as LMI Area Representative and Hinke as At- Large). Applicants: Theresa Caldwell, 1633 Elm St. (qualifies for LMI Area Representa- tive); Michelle Hinke, 973 Patricia Ann Dr. (qualifies for At-Large). Motion by Connors to appoint Teresa Caldwell and Michelle Hinke to 3-year terms through February 15, 2019 with the respective LMI Area and At-Large designa- tions. Seconded by Resnick. Motion carried 7- 0. 2. Sister City Relationships Advisory Commission: One, 3-year term through Febru- ary 1, 2019 (Expiring term of Thurn). Applicant: Louise Thurn, 3037 Kaufmann Ave. Motion by Connors to appoint Louise Thurn to a 3-year term. Seconded by Jones. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council on the following items. 1. Dubuque City Hall - Electrical Service Project: Proof of publication on notice of public hearing to approve the construction plans, specifications, form of contract, and estimated cost of the Dubuque City Hall Electrical Ser- vice Project and the City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 45-16 Approval of plans, specifications, form of contract, and estimated cost for the Dubuque City Hall - Electrical Service Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 45-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DUBUQUE CITY HALL - ELECTRICAL SERVICE PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Dubuque City Hall - Electrical Service Project, in the estimated amount $49,500.00, are here- by approved. Passed, adopted and approved this 15th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. FY 2016 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project: Proof of publication on notice of public hearing to consider approv- al of the construction plans, specifications, form of contract and estimated cost for the FY 2016 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 46-16 Approval of plans, speci- fications, form of contract, and estimated cost for the FY16 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project. Seconded by Lynch. City Engineer Gus Psihoyos responded to questions from the City Council regarding the economy and longevity of the CIPP pro- cess. Motion carried 7-0. RESOLUTION NO. 46-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FY16 SANITARY SEWER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the FY16 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project, in the estimated amount $580,000.00, are hereby approved. Passed, adopted and approved this 15th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Intent to Dispose of Property - Curtiss- McEvoy Streets Lot: Proof of publication on notice of public hearing to consider the dis- posal of City-owned property at Curtiss and McEvoy Streets to Routely Construction, LLC, and the City Manager recommending approv- al. Motion by Jones to receive and file the documents and adopt Resolution No. 47-16 Disposing of an interest in real property by Deed to Routely Construction, LLC. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 47-16 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED TO ROUTLEY CON- STRUCTION, LLC Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Book 146 Regular Session, February 15, 2016 41 Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa; and Whereas, City and Routley Construction, LLC have entered into an Agreement pursuant to which City will convey the Property to Rout- ley Construction, LLC; and Whereas, on February 15, 2016, the City Council pursuant to notice published as re- quired by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is hereby authorized and directed to execute a Quit Claim Deed disposing of all of the City's right, title and in- terest in the Property to Routley Construction, LLC. Section 2. The City Attorney is authorized to take such further action as is necessary to finalize the sale of the Property. Passed, approved and adopted this 15th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Intent to Dispose of Property - 2008 Foye Street: Proof of publication on notice of public hearing to consider approval to dispose of City-owned property at 2008 Foye Street to David and Ellen Rath and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 48-16 Disposing of City Interest in real property located at 2008 Foye Street, in the City of Dubuque, Iowa. Seconded by Lynch. City Manager Van Milligen responded to questions from the City Council regarding the use of the International Building Code and International Property Maintenance Code as they apply or might have applied in this case. Motion carried 7-0. RESOLUTION NO. 48-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2008 FOYE STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 34-16, dated February 1, 2016, declared its intent to dispose of City interest in real property located at 2008 Foye Street, legally described as: East 24 feet of Lot 22 in Cox’s Addition to Dubuque, in the City of Dubuque, Iowa according to the recorded plat thereof. (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on February 15, 2016 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Offer to Buy and Contract Agreement for the sale to David and Ellen Rath according to the terms and condi- tions set out in the Offer to Buy and Contract Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Offer to Buy and Contract Agreement by and between the City of Dubu- que and David and Ellen Rath for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City’s interest in the Property to David and Ellen Rath. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City At- torney’s Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 15th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS 1. Greater Dubuque Development Corpo- ration (GDDC): Mark Seckman, Vice President of National Marketing for GDDC, made a brief verbal presentation about the new economic development project, RIE Coatings locating to the Dubuque Industrial Center Mr. Seckman addressed the history of planning the project, applicable incentives; the success of pub- lic/private partnerships in Dubuque and thanked the Council and staff for their support and foresight with regard to business expan- sion in the Dubuque Industrial Center. 2. Historic Preservation Commission - Old Jail Sign: Historic Preservation Commission recommending approval of the redesign and monument materials without an electronic message center for a new limestone sign at the Old Jail Museum Office of Veteran's Affairs and further recommends conditions should the Council feel an electronic message center component is needed. Restated Motion by Connors to receive and file the documents and approve the Historic Preservation Commission recommendation with the electronic message Book 146 Regular Session February 15, 2016 42 center conditions. Seconded by Lynch. Plan- ning Services Manager Laura Carstens re- sponded to questions and provided a staff report on the design of the sign and clarified the electronic component conditions. Motion carried 5-2 with Resnick and Del Toro voting nay. 3. Port of Dubuque Marina Annual Report 2015: City Manager transmitting the Port of Dubuque Marina Annual Report for 2015. Mo- tion by Lynch to receive and file the infor- mation. Seconded by Rios. Recreation Man- ager Dan Kroger and Facilities Supervisor Ben Alden with the Leisure Services Department provided a report on the usage, marketing, and economic impact of the marina and conven- ience store. Motion carried 7-0. 4. General Obligation Bonds Series 2016ABC Directing Advertisement of Sale: City Manager recommending approval of the suggested proceedings for directing sale of the $2,830,000 General Obligation Settlement Bonds, Series 2016A; $11,505,000 General Obligation Refunding Bonds, Series 2016B; $4,155,000 General Obligation Bonds, Series 2016C, and approval of the electronic bidding procedures, and awarding the Bonds to the best bidder. Motion by Connors to receive and file the documents and adopt Resolution No. 49-16 Directing the advertisement for sale of $2,830,000 (dollar amount subject to change) General Obligation Bonds, Series 2016A, and approving electronic bidding procedures and Official Statement; Resolution No. 50-16 Di- recting the advertisement for sale of $11,505,000 (dollar amount subject to change) General Obligation Refunding Bonds Series 2016B, and approving the electronic bidding procedures and Official Statement; and Reso- lution No. 51-16 Directing the advertisement for sale of $4,155,000 (dollar amount subject to change) General Obligation Bonds Series 2016C, and approving the electronic bidding procedures and Official Statement. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 49-16 DIRECTING THE ADVERTISEMENT FOR SALE OF $2,830,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLI- GATION BONDS, SERIES 2016A, AND AP- PROVING ELECTRONIC BIDDING PROCE- DURES AND OFFICIAL STATEMENT Whereas, the Issuer is in need of funds to pay costs of settlement of any part or all of the legal indebtedness of a city, whether evi- denced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original in- stance, an essential corporate purpose, and it is deemed necessary and advisable that Gen- eral Obligation Bonds, to the amount of not to exceed $3,000,000 be authorized for said pur- pose; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Io- wa this Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such pur- pose; and Whereas, in conjunction with its Municipal Advisor, Independent Public Advisors, LLC, the City has caused a Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Bonds; and Whereas, the Council has received infor- mation from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facili- tate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide rea- sonable security and to maintain the integrity of the competitive bidding process, and to fa- cilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That General Obligation Bonds, Series 2016A, of City of Dubuque, State of Iowa in the amount of $2,830,000 (Dollar Amount Subject to Change), to be issued as referred to in the preamble of this Resolution, to be dated April 4, 2016, be offered for sale pursuant to the published advertisement. Section 3. That the preliminary Official Statement in the form presented to this meet- ing be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, correc- tions or modifications as the Mayor and City Clerk, upon the advice of bond counsel and the City's Financial Advisor, shall determine to be appropriate, and is authorized to be distrib- uted in connection with the offering of the Bonds for sale. Book 146 Regular Session, February 15, 2016 43 Section 4. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the “Telegraph Herald”, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an ad- jacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 7th day of March, 2016, at 6:30 P.M., will hold a meeting to re- ceive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 11:00 A.M. on said date. Passed and approved this 15th day of Feb- ruary, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 50-16 DIRECTING THE ADVERTISEMENT FOR SALE OF $11,505,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLI- GATION REFUNDING BONDS, SERIES 2016B, AND APPROVING ELECTRONIC BIDDING PROCEDURES AND OFFICIAL STATEMENT Whereas, the Issuer is in need of funds to pay costs of settlement, adjustment, renewing, or extension of any part or all of the legal in- debtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, an essen- tial corporate purpose, and it is deemed nec- essary and advisable that General Obligation Refunding Bonds, to the amount of not to ex- ceed $15,555,000 be authorized for said pur- pose; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Io- wa, this Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such pur- pose; and Whereas, in conjunction with its Municipal Advisor, Independent Public Advisors, LLC, the City has caused a Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Bonds; and Whereas, the Council has received infor- mation from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facili- tate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide rea- sonable security and to maintain the integrity of the competitive bidding process, and to fa- cilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That General Obligation Refund- ing Bonds, Series 2016B, of City of Dubuque, State of Iowa in the amount of $11,505,000 (Dollar Amount Subject to Change), to be is- sued as referred to in the preamble of this Resolution, to be dated April 4, 2016, be of- fered for sale pursuant to the published adver- tisement. Section 3. That the preliminary Official Statement in the form presented to this meet- ing be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, correc- tions or modifications as the Mayor and City Clerk, upon the advice of bond counsel and the City's Financial Advisor, shall determine to be appropriate, and is authorized to be distrib- uted in connection with the offering of the Bonds for sale. Section 4. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the “Telegraph Herald”, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an ad- jacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 7th day of March, 2016, at 6:30 P.M., will hold a meeting to receive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 11:00 A.M. on said date. Passed and approved this 15th day of Feb- ruary, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session February 15, 2016 44 RESOLUTION NO. 51-16 DIRECTING THE ADVERTISEMENT FOR SALE OF $4,155,000 (DOLLAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLI- GATION BONDS, SERIES 2016C, AND AP- PROVING ELECTRONIC BIDDING PROCE- DURES AND OFFICIAL STATEMENT Whereas, the Issuer is in need of funds to pay costs of: a) the opening, widening, extending, grad- ing, and draining of the right-of-way of streets, highways, avenues, alleys and public grounds; b) the acquisition, construction, reconstruc- tion, extension, improvement, and equipping of works and facilities useful for the collection, treatment, and dis- posal of sewage and industrial waste in a sanitary manner and for the collection and disposal of surface waters and streams; c) the reconstruction, extension and im- provement of an airport owned or oper- ated by the city; d) the acquisition, construction, reconstruc- tion, improvement, repair, and equip- ping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a city, essential corporate purposes, and it is deemed necessary and advisable that General Obligation Bonds, to the amount of Not to Exceed $15,555,000 be authorized for said purposes; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Io- wa, this Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such pur- poses; and Whereas, the City is in need of funds to pay costs of improvement and equipping of the Federal Building and Ham House, general corporate purposes, and it is deemed neces- sary and advisable that General Obligation Bonds, to the amount of not to exceed $505,000 be authorized for said purposes; and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not ex- ceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Io- wa, the Council of the City has held public meeting and hearing upon the proposal to in- stitute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referen- dum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and Whereas, in conjunction with its Municipal Advisor, Independent Public Advisors, LLC, the City has caused a Preliminary Official Statement to be prepared outlining the details of the proposed sale of the Bonds; and Whereas, the Council has received infor- mation from its Municipal Advisor evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facili- tate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the Parity Competitive Bidding System described in the Notice of Sale and Official Statement are hereby found and determined to provide rea- sonable security and to maintain the integrity of the competitive bidding process, and to fa- cilitate the delivery of bids by interested parties in connection with the offering at public sale. Section 2. That General Obligation Bonds, Series 2016C, of City of Dubuque, State of Iowa in the amount of $4,155,000 (Dollar Amount Subject to Change), to be issued as referred to in the preamble of this Resolution, to be dated April 4, 2016, be offered for sale pursuant to the published advertisement. Section 3. That the preliminary Official Statement in the form presented to this meet- ing be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of the Securities and Exchange Commission, subject to such revisions, correc- tions or modifications as the Mayor and City Clerk, upon the advice of bond counsel and the City's Financial Advisor, shall determine to be appropriate, and is authorized to be distrib- uted in connection with the offering of the Bonds for sale. Section 4. That the Clerk is hereby directed to publish notice of sale of the Bonds at least once, the last one of which shall be not less than four clear days nor more than twenty days before the date of the sale. Publication shall be made in the “Telegraph Herald”, a legal newspaper, printed wholly in the English language, published within the county in which the Bonds are to be offered for sale or an ad- jacent county. The notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 7th day of March, 2016, at 6:30 P.M., will hold a meeting Book 146 Regular Session, February 15, 2016 45 to receive and act upon bids for said Bonds, which bids were previously received and opened by City Officials at 11:00 A.M. on said date. Passed and approved this 15th day of Feb- ruary, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Safe and Sustainable Snowfighting Award: City Manager transmitting information on the City receiving the Safe and Sustainable Snowfighting Award from the North American Salt Institute. Motion by Connors to receive and file the documents. Seconded by Resnick. Public Works Director Don Vogt read high- lights of the award from the documentation and thanked Street Maintenance Supervisor John Klostermann who was present. City Council thanked and congratulated staff. Mo- tion carried 7-0. 6. Insurance Services Office Rating: The City Manager transmitting information about the City of Dubuque's Insurance Services Of- fice (ISO) rating related to the City's fire pro- tection ability being upgraded to Class 2. Mo- tion by Jones to receive and file the docu- ments. Seconded by Resnick. City Council thanked and congratulated staff. Motion car- ried 7-0. 7. Amended Fiscal Year 2017 Budget Recommendation: City Manager recommend- ing the position of Training and Workforce De- velopment Coordinator be added to the list of frozen positions for Fiscal Year 2017. Motion by Lynch to receive and file the documents. Seconded by Rios. Responding to questions from the City Council, City Manager Van Milli- gen made the distinction between the number of full-time equivalent employees and the total number of active employees. The City Council thanked Andre Lessears for his work with the City. Motion carried 7-0. 8. Key West Drive Water Main Extension: City Manager recommending approval of a water main extension along Key West Drive ahead of the previous Fiscal Year 2017 schedule. Motion by Connors to receive and file the documents and approve the recom- mendation. Seconded by Jones. City Manager Van Milligen and Water Department Manager Bob Green responded to questions from the City Council regarding the timing of the project, the cost comparisons related to private con- nections now or later, and the water quality in that area. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Del Toro asked for and received Council concurrence for an agenda item to discuss moving the Public Input section forward in the agenda. Council Member Lynch asked staff to provide history on public input from the last year. Staff will prepare the item for a future agenda. There being no further business, upon mo- tion the City Council adjourned at 8:12 p.m. The City Council met in a non-public meet- ing to discuss Collective Bargaining pursuant to Chapter 20.17(3) Code of Iowa. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Session February 17, 2016 46 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL Council met in special session at 6:30 p.m. on February 17, 2016 in the Historic Federal Building. Present: Mayor Buol, Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Michael Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City depart- mental Fiscal Year 2017 budgets. PUBLIC HEARING Upon motion the rules were suspended al- lowing anyone present to address the City Council on the following item. 1. Community Development Block Grant (CDBG) FY 2017 (Program Year 2016) Annual Action Plan: Motion by Connors to receive and file the documents and conduct the public hearing. Seconded by Lynch. Motion carried 7- 0. Housing Assistance Specialist Erica Haugen provided a slide presentation on the activities and budget of the Community Block Grant Annual Action Plan. Ms. Haugen responded to questions from the City Council related to mar- keting public awareness of the program, and comparisons to other cities. Following the presentation, Joe Noll, President of the Down- town Neighborhood Association and former member of the Safe Community Task Force, expressed his thoughts on the perception of crime downtown, improvements the city has made, landlord responsibilities and property maintenance and the City’s rental inspection process. Upon motion the rules were reinstated lim- iting discussion to the City Council. FISCAL YEAR 2017 DEPARTMENTAL BUDGET REVIEW Fiscal Year 2017 City departmental budg- ets were presented by staff from the following departments: Housing & Community Development De- partment: Alvin Nash, Housing and Community Development Director; Erica Haugen, Housing Assistance Specialist; Kim Glaser, Lead Paint Assistant; and Ermina Soler, Circles Coach. Parking Division: Tim Horsfield, Parking System Supervisor. Transit Division: Candace Eudaley- Loebach, Transit Manager. Economic Development Department: Mau- rice Jones, Economic Development Director. The City Council had discussion with the representative of each department following their respective presentations. Following the Housing and Community De- velopment budget presentation, first-time homebuyer Diana Robison, Circles Volunteer Joe Gonzales, and Circles Graduate Nia Gleason provided testimonials; Washington Neighborhood leader Janice Cradieth thanked the Housing staff. Following the Transit Division budget presentation, Loras College Student Body Representative Nick Utter spoke in support of the Night Rider Bus Route and what the col- leges/universities are doing to help fund it. Vice Chair of the Transit Advisory Board R.R.S. Stewart spoke in support of the Night Rider Route and the requested budget im- provement packages. DuRide Director Greg Orwoll provide history and successes of the DuRide program and thanked Council. Following the Economic Development De- partment budget presentation, Arts and Cul- tural Affairs Advisory Commission Member Kay Kluseman spoke in support of the City’s arts programs. Dean Boles, expressed his concerns about poverty in Dubuque. Rick Dickinson, Executive Director of the Greater Dubuque Development Corporation, ad- dressed Mr. Boles’ concerns and spoke of the relationship GDDC has with each department that presented. David Schmitz, Dubuque Mu- seum of Art Director, spoke in support of the Economic Development Department and the impact of the arts on social capital. There being no further business, upon mo- tion the City Council adjourned at 9:36 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Session, February 18, 2016 47 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL Council met in special session at 6:30 p.m. on February 18, 2016 in the Historic Federal Building. Present: Mayor Buol, Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Michael Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City depart- mental Fiscal Year 2017 budgets. FISCAL YEAR 2017 DEPARTMENTAL BUDGET REVIEW Fiscal Year 2017 City departmental budg- ets were presented by staff from the following departments: Purchase of Services: There was no staff presentation or public input. Leisure Services: Marie Ware, Leisure Services Manager presented a video on the department and introduced staff who present- ed on their respective divisions. Park Division: Steve Fehsal, Park Division Manager. Multicultural Family Center: Sarah Peter- son, Acting Director; the new MFC Director Farris Muhammad was introduced. AmeriCorps/VISTA: Mary Bridget Corken- Deutsch, AmeriCorps Program Coordinator Recreation Division: Dan Kroger, Recrea- tion Division Manager. Five Flags Civic Center: Marie Ware, Lei- sure Services Manager. H.R. Cook, the Cen- ter’s new general manager for SMG was intro- duced and spoke in support of the Center’s viability and economic impact. Grand River Center (Conference Center): Marie Ware, Leisure Services Manager. The City Council had discussion with the representatives of each department following their respective presentations. Following the Park and Recreation Divi- sion’s presentations, Park and Recreation Commission Kate Larson spoke in support of staff and addressed decreased staffing and increased work levels of today compared to previous decades. Rob McDonald spoke in support of the Port of Dubuque Marina but questioned its amenities’ economic sustaina- bility. Following the Five Flags Civic Center presentation, Holiday Inn General Manager Norm Granback, Five Flags Civic Center Commission Members McKenzie Hill and Bryce Parks, and Dubuque Symphony Orches- tra Executive Director Mark Wahlert spoke in support of the Center’s viability and economic impact. There being no further business, upon mo- tion the City Council adjourned at 9:35 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Sessions February 22 and 24, 2016 48 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on February 22, 2016 in the Historic Federal Building. Present: Mayor Buol, Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Michael Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing various City depart- mental Fiscal Year 2017 budgets. FISCAL YEAR 2017 DEPARTMENTAL BUDGET REVIEW Fiscal Year 2017 City departmental budg- ets were presented by staff from the following departments: Emergency Management: Tom Berger, Emergency Management Coordinator. Emergency Communications: Mark Mur- phy, Emergency Communications Manager. Police Department: Mark Dalsing, Police Chief. Fire Department: Rick Steines, Fire Chief. Building Services: Cindy Steinhauser, Act- ing Building Services Manager. Incoming Building Services Manager Todd Carr was introduced. The City Council had discussion with the representatives of each department following their respective presentations. There being no further business, upon mo- tion the City Council adjourned at 8:48 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on February 24, 2016 in the Historic Federal Building. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting such business that may properly come before the City Council and to discuss various Fiscal Year 2017 de- partmental budgets. CONSENT ITEM 1. Bee Branch Creek Restoration Project Amendment to Programmatic Agreement: City Manager recommending authorization for the City Manager to sign an amendment to the Programmatic Agreement among the U.S. Army Corp of Engineers, the Iowa Department of Natural Resources, the State Historic Preservation Officer, and the City of Dubuque in order for the City to proceed with the re- moval of the duplex at 321-323 E. 22nd Street to make way for the Bee Branch Creek Resto- ration Project. Motion by Connors to receive and file the documents and adopt Resolution No. 52-16 Authorizing the execution of an Amendment to the Programmatic Agreement with the Iowa Department of Natural Re- sources, the U.S. Army Corp of Engineers, and the State Historic Preservation Officer regarding the construction of the Bee Branch Creek Restoration Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 52-16 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE PROGRAMMATIC AGREEMENT WITH THE IOWA DEPART- MENT OF NATURAL RESOURCES, THE U.S. ARMY CORP OF ENGINEERS, AND THE STATE HISTORIC PRESERVATION OFFICER REGARDING THE CONSTRUC- TION OF THE BEE BRANCH CREEK RES- TORATION PROJECT Whereas, the City of Dubuque (hereinafter, City) has initiated the restoration of the Bee Branch Creek (hereinafter, Undertaking) as an open waterway rather than an enclosed storm sewer within the City of Dubuque, Dubuque County, Iowa; and Book 146 Special Session, February 24, 2016 49 Whereas, the City is using federal funding from the State Revolving Loan Program (here- inafter, SRF) authorized by the U.S. Environ- mental Protection Agency (hereinafter, EPA), and administered by the Iowa Department of Natural Resources (hereinafter, IDNR); and Whereas, the IDNR, in consultation with the Iowa State Historic Preservation Officer (hereinafter, SHPO), determined, pursuant to 36 C.F.R. 800.4(c), that the Undertaking will have an adverse effect on several properties and a district eligible for inclusion in the Na- tional Register of Historic Places; and Whereas, the SHPO, the City, the USACE, and the IDNR entered into a Programmatic Agreement (hereinafter, PA) on May 4, 2010 to take into account the effects upon historic properties, and establish that the PA shall govern the Undertaking and all of its parts until the PA expires or is terminated; and Whereas, the Undertaking now requires the removal of the 321/323 E. 22nd structure, a structure located within the National Register‐ listed Washington and E. 22nd Historic District; and Whereas, the removal of 321/323 E. 22nd constitutes an adverse impact to a historic property that necessitates mitigation; and Whereas, the City owns 429 Rhomberg Avenue, a corner, multistory, brick building of similar age and condition as 321-323 E. 22nd Street; and Whereas, 429 Rhomberg Avenue is indi- vidually eligible for listing on the National Reg- ister of Historic Places; and Whereas, the SHPO, the City, the USACE, and the IDNR agree that the rehabilitation of 429 Rhomberg Avenue to ensure eligibility for state and federal historic tax credits would be an equitable positive impact to the historic property; and Whereas, the SHPO, the City, the USACE, and the IDNR agree that amending the PA is appropriate to reflect the increased impact to the 321/323 E. 22nd structure, outline the re- habilitation of 429 Rhomberg Avenue, and establish the expiration date of the PA as May 5, 2025; and Whereas, it is in the interest of the City to proceed with the Undertaking in accordance with the terms outlined in the First Amendment to the PA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Manager is hereby authorized to sign the First Amendment to the Programmatic Agreement in the draft form attached hereto. Passed, approved and adopted this 24th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING 1. Setting Public Hearing on Fiscal Year 2017 City Budget as Amended: City Manager recommending that a public hearing be set for March 14, 2016, on the Fiscal Year 2017 City budget, operating and Capital Improvement Program, for the City of Dubuque. Motion by Connors to receive and file the documents and adopt Resolution No. 53-16 Setting the date for the public hearing on the Fiscal Year 2017 Recommended Budget as amended for the City of Dubuque; and Resolution No. 54-16 Setting the date for the public hearing on the Recommended Five-Year Capital Improve- ment Program for Fiscal Years 2017 through 2021 for the City of Dubuque that set the pub- lic hearing for March 14, 2016 at 6:30 p.m. in the Historic Federal Building. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 53-16 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2017 BUDGET AS AMENDED FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2017 budget before the final budget certifica- tion date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on the proposed Fiscal Year 2017 budget as amended for the City of Dubuque in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa on Monday, March 14, 2016, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 24th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 54-16 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2017 THROUGH 2021 FOR THE CITY OF DUBUQUE Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2017 through 2021 has been prepared and submitted to the City Council; and Book 146 Special Session February 24, 2016 50 Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2017 budget for the City of Dubuque; and Whereas, it is deemed to be in the best in- terest of the City of Dubuque to conduct a pub- lic hearing and adopt the five-year Capital Im- provement Program simultaneously with the public hearing and adoption of the Fiscal Year 2017 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on the five-year Capital Improvement Program for Fiscal Years 2017 through 2021 in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa on Monday, March 14, 2016, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing. Passed, approved and adopted this 24th day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk FISCAL YEAR 2017 DEPARTMENTAL BUDGET REVIEW Fiscal Year 2017 City departmental budg- ets were presented by staff from the following departments: Water Department FY 2017 Budget Presentation: Bob Green, Water Plant Manag- er and Jackie Johnson, Water Plant Manager. Water & Resource Recovery Center FY 2017 Budget Presentation: Jonathan Brown, W&RRC Manager. Interim W&RRC Manager Willie O’Brien was introduced. Public Works Department 2017 Budget Presentation: Don Vogt, Public Works Director; John Klostermann, Street and Sewer Mainte- nance Supervisor; Anderson Sainci, Resource Management Coordinator. Engineering Department FY 2017 Budget Presentation: Gus Psihoyos, City Engineer; Denise Ihrig, Environmental Engineer; Deron Muehring, Stormwater Engineer; Jon Dienst, Civil Engineer (Roadways); Bob Schiesl, As- sistant City Engineer; Dave Ness, Civil Engi- neer (Traffic). The City Council had discussion with the representatives of each department following their respective presentations. Following the Public Works presentation, Paul Schultz addressed the City Council re- garding his views on tracking/reviewing ac- tionable data, adequately informing customers about recycling and developing a resource management plan; not continuing to expand large-wheeled recycling carts in FY17 or for larger-waste households; year-round collection options for Food Scrap Program participants; and questioned increased landfill diversion when recycling is declining with a lack of public education. There being no further business, upon mo- tion the City Council adjourned at 10:26 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Session, March 7, 2016 51 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on March 7, 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 Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on levee breach preparedness and prevention activities. WORK SESSION Levee Breach Preparedness and Preven- tion Activities Public Works Director Don Vogt introduced staff members John Klostermann, Street and Sewer Maintenance Supervisor; Laura Car- stens, Planning Services Manager; and Deron Muehring, Civil Engineer who provided a slide presentation on the levee/floodwall system. Topics included: • History of Levee/Floodwall System o Review of Historic Flood Events o Prior Modest Protection Efforts o Funding and Construction o System Improvements o Army Corps of Engineers and City Oversight & Inspection Requirements • City Responsibilities and Preparation • Maintenance & Pre-Flood Event Opera- tions • Flood Event Action Steps with River Stage Predictions • Post Flood Repair • Flood Control Budget • Levee/Floodwall FEMA Certification and Background • Engineering Technical Review • Interior Drainage Review • Seepage & Stability Evaluation • Recommended Flood Insurance & FEMA Rate Maps • Levee System Breach Analysis, Risk and Goal • Time to Depth Summary, Scenarios & Models • Levee Safety Action Classification The City Council had discussion with staff following the presentation. There being no further business, upon mo- tion the City Council adjourned at 6:23 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Session March 14, 2016 52 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:30 p.m. on March 14, 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 Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting such business that may properly come before the City Council. CONSENT ITEM 1. 28E Agreement - Key West Drive Re- construction Project: City Manager recom- mending authorization for the Mayor to exe- cute a 28E Agreement between the City of Dubuque and Dubuque County for the recon- struction of Key West Drive. Motion by Lynch to receive and file the documents and adopt Resolution No. 86-16 Approving a 28E Fund- ing Agreement between the City of Dubuque and Dubuque County for the reconstruction of Key West Drive was adopted. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 86-16 APPROVING A 28E FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE RECON- STRUCTION OF KEY WEST DRIVE Whereas, City and County desire to recon- struct Key West Drive within the City of Dubu- que and Dubuque County; and Whereas, the Dubuque City Council and the Dubuque County Board of Supervisors have identified the reconstruction of Key West Drive as a top priority in the Dubuque area; and Whereas, the County Supervisors propose the reconstruction of Key West Drive as a top priority in the Dubuque area in the spring of 2016; and Whereas, City acquired the Twin Ridge Water System, located in the Key West area in late 2015; and Whereas, City wishes to extend a public water main along Key West Drive which will service the Twin Ridge Water System and the future extension of water service along the Southwest Arterial corridor; and Whereas, County proposes reconstruction of Key West Drive beginning at Kremer Park Drive and continuing southward while City proposes reconstruction of Key West Drive from the portion that runs from Maquoketa Drive to Kremer Park Drive; and Whereas, City and County recognize ex- tension of the public water main during the reconstruction of Key West Drive will minimize the disruption to residents along Key West Drive and to Key West Drive itself, and mini- mize City and County expenses; and Whereas, City and County desire to enter into an agreement for the purpose of carrying out the street reconstruction of and the exten- sion of the public water main under Key West Drive (the Public Improvement). NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. The purpose of this Agreement is to provide the manner in which the parties will cooperate with one another to successfully complete the Public Improvement. Section 2. The City will be responsible for the extension of the public water main running under and along Key West Drive from Maquo- keta Drive to Military Road and associated water service stubs to each property and for the resurfacing and reconstruction of Key West Drive from Maquoketa Drive to Kremer Park Drive. Section 3. County will be responsible for the resurfacing and reconstruction of Key West Drive from Kremer Park Drive and southward. Section 4. Each party will be responsible for its own work in the Public Improvement. Passed, approved and adopted this 14th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council on the following item. 1. City of Dubuque Fiscal Year 2017 Rec- ommended Budget as Amended: Proof of pub- lication on notice of public hearing to consider approval of the Fiscal Year 2017 Recom- mended Operating Budget and Capital Im- provement Program (July 1, 2017 through June 30, 2021) and the City Manager recom- mending approval. Correspondence from the Long Range Planning Advisory Commission advising that the Fiscal Year 2017-2021 Rec- ommended Capital Improvement Program is in general conformance with the 2012 Dubuque Comprehensive Plan. City Manager submitting responses to questions from the City Council relative to the FY 2017 recommended budget. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 81-16 Adopt- Book 146 Special Session, March 14, 2016 53 ing the City of Dubuque Fiscal Year 2017 An- nual Budget as Amended; and Resolution No. 82-16 Adopting the City of Dubuque Five-Year Capital Improvement Program. Seconded by Connors. Motion carried 4-3 with Del Toro, Resnick and Lynch voting nay. City Manager Van Milligen provided a slide presentation on the FY2017 budget as amended and provided a handout. Council Member Resnick distributed a handout of his additional recommended budget cuts for dis- cussion. Mayor Buol called for public input on all individual FY2017 departmental budgets and general comments from the audience. Library Board of Trustees Member Paula Con- nors, 818 S. Grandview Ave., stated that while she has volunteered on many agencies, she is also a recipient of benefits afforded residents and that in her experience City employees are committed, hardworking and doing more with less adding that Dubuque is a great place to live. Geri Shafer, 1507 Aggie St., stated that Dubuque is a noteworthy city and her 16 years as a resident have impacted her life enough to cause her to remain here. She has worked with many City departments and found them to be outstanding, and asked the City Council to consider the impact of their decisions on all levels. RESOLUTION NO. 81-16 ADOPTING THE CITY OF DUBUQUE FIS- CAL YEAR 2017 ANNUAL BUDGET AS AMENDED NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the annual budget for the fiscal year ending June 30, 2017, as set forth in the Adoption of Budget and Certification of Taxes and supporting state budget forms showing the revenue estimates and appropria- tion expenditures and allocations to programs and activities for said fiscal year, is adopted. Section 2. The City Clerk is directed to make the filings required by law. Passed, approved and adopted this 14th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 82-16 ADOPTING THE CITY OF DUBUQUE FIVE- YEAR CAPITAL IMPROVEMENT PROGRAM Whereas, a recommended five year Capi- tal Improvement Program for the period begin- ning July 1, 2016, and ending June 30, 2021, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the five year Capital Improve- ment Program describes specific capital im- provement projects, provides estimated costs for those projects, proposes sources of funds for each of them, and schedules the year dur- ing which each project will be undertaken; and Whereas, the capital improvement projects for the first year are included in the Fiscal Year 2017 budget for the City of Dubuque; and Whereas, the five year Capital Improve- ment Program will be reconsidered annually by the City Council and appropriately revised; and Whereas, the adoption of the five year Capital Improvement Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the five year Capital Im- provement Program for the period beginning July 1, 2016, set out in the Fiscal Year 2017- 2021 Recommended Capital Improvement Budget as amended, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as sched- uled in the years shown, subject to annual review and revision. Passed, approved and adopted this 14th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS 1. Five-Year Street Construction Program for Fiscal Years 2017-2021: Motion by Jones to receive and file the documents and adopt Resolution No. 83-16 Adopting the Five-Year Street Construction Program for Fiscal Years 2017-2021. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 83-16 ADOPTING THE FIVE-YEAR STREET CON- STRUCTION PROGRAM FOR FISCAL YEARS 2017 - 2021 Whereas, a recommended Five-Year Street Construction Program for the Fiscal Year 2017 - 2021 beginning July 1, 2016 and ending June 30, 2021, for the City of Dubuque has been prepared and submitted to the City Council; and Whereas, the Five-Year Street Construc- tion Program: 1) describes specific capital im- provement projects; 2) provides estimated costs for those projects; 3) proposes sources of funding; and 4) schedules the fis- cal/calendar year during which each project will be undertaken; and Whereas, the capital improvement projects for the first year of such five-year program are included in the Fiscal Year 2017 budget; and Book 146 Special Session March 14, 2016 54 Whereas, the adoption of the Five-Year Street Construction Program is a prudent measure to provide continuity of programs and is in the best interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Five-Year Street Con- struction Program for Fiscal Years 2017 – 2021 beginning July 1, 2016, set out in the Fiscal Years 2017 – 2021 recommended Capi- tal Improvement Budget, is hereby approved and adopted as the proposed allocation of City resources for capital improvements as sched- uled in the years shown, subject to annual review and revision. Passed, adopted and approved this 14th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Code of Ordinances Amendment - Title 13 Fixing Water Rates for Residential and In- dustrial Use and All Other Uses; and Fixing Water Rates for Fire Sprinkler Service: Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 2-16 Amending City of Dubuque Code of Ordinances Title 13 Pub- lic Utilities, Chapter 1 Water Use and Service, Article C Rates, Section 13-1C-1(A) Establish- ing Water Rates for Residential, Commercial, Industrial, and all other uses; and Ordinance No. 3-16 Amending the City of Dubuque Code of Ordinances Title 13 Public Utilities Chapter 1 Water Use and Service, Article C Rates Sec- tion 13-1C-2 Fixing W ater Rates for Fire Sprinkler Service. Seconded by Connors. Mo- tion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 2-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 1 WATER USE AND SERVICE, ARTICLE C RATES, SECTION 13-1C-1(A) ESTABLISHING WATER RATES FOR RESI- DENTIAL, COMMERCIAL, INDUSTRIAL, AND ALL OTHER USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1C-1(A) of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 13-1C-1A: Residential, Commer- cial, Industrial and All Other Uses. Rates Established: The rates to be charged for water for residential, commercial, industrial and all other uses and purposes by any person, firm or corporation within the city shall be based on units of one hundred cubic feet (748 gallons) or per gallon as follows: Monthly Consumption (in Hundreds of Cubic Feet), - Charge per Hundred Cubic Feet First 30 - $ 3.46 Next 120 - $ 2.82 Next 350 - $ 2.61 Next 500 - $ 2.31 Next 1,000 - $ 2.05 Monthly Consumption (in Gallons) - Charge per Gallon First 22,440 - $ 0.00460 Next 89,760 - $ 0.00376 Next 261,800 - $ 0.00350 Next 374,000 - $ 0.00310 Next 748,000 - $ 0.00272 Rates shall be subject to the following min- imum monthly charge according to the size of the meter: Meter Size Monthly Consumption Monthly Consump- tion Minimum Inch- es (In Hundreds of Cubic Ft.) (In Gallons) Charge 5/8 2 1,496 $6.88 3/4 5 3,740 $17.20 1 8 5,984 $27.53 1 1/2 26 19,448 $89.46 2 46 34,408 $148.22 3 106 79,288 $316.97 4 168 125,664 $487.85 6 368 275,264 $1,011.45 8 625 467,500 $1646.87 A property owner shall pay a $50.00 dis- connect fee for water service that is discon- nected by the city for a meter not in service. When a tenant account is subject to discon- nection due to delinquency, the tenant shall pay the $50.00 disconnect fee. A $50.00 ser- vice call fee shall be changed to property own- ers or tenant account for those service calls that are determined to be related to customer negligence. A $5.50 minimum monthly charge shall be assessed for meters not in service. Section 2. This Ordinance shall take effect July 1, 2016. Passed, approved and adopted this 14th day of March, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 18th day of March, 2016. /s/Kevin S. Firnstahl, City Clerk Book 146 Special Session, March 14, 2016 55 OFFICIAL PUBLICATION ORDINANCE NO. 3-16 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI- TIES CHAPTER 1 WATER USE AND SER- VICE, ARTICLE C RATES SECTION 13-1C-2 FIXING WATER RATES FOR FIRE SPRIN- KLER SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-1C-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 13-1C-2: Fire Sprinkler Service. Customers who have fire sprinkler service shall be billed for this service on a monthly basis. The monthly charge shall be as follows: Current Monthly Number of Heads Charges Up to 200(minimum) $21.07 200-299 $25.29 300-399 $29.46 400-599 $33.71 600-799 $37.88 800 -999 $42.13 1,000 - 1,199 $46.35 1,200 - 1,399 $50.51 1,400 - 1,599 $54.74 1,600 - 1,799 $58.96 1,800 - 1,999 $63.14 2,000 - 2,199 $67.37 2,200 - 2,399 $71.57 2,400 - 2,599 $75.80 2,600 - 2,799 $80.01 2,800 - 2,900 $84.31 3,000 - 3,499 $88.42 Over 3,500* $4.20 *(for each additional 500 heads or fraction thereof) Section 2. This Ordinance shall take effect July 1, 2016. Passed, approved and adopted this 14th day of March, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 18th day of March, 2016. /s/Kevin S. Firnstahl, City Clerk 3. Building Services Permit Fee Revisions: Motion by Lynch to receive and file the docu- ments and adopt Resolution No. 84-16 Re- scinding Resolution No. 92-09 Establishing a Schedule of Building Permit and License Fees, and adopting in lieu thereof a new Schedule of Building Permit and License Fees. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 84-16 RESCINDING RESOLUTION NO. 92-09 ES- TABLISHING A SCHEDULE OF BUILDING PERMIT AND LICENSE FEES, AND ADOPT- ING IN LIEU THEREOF A NEW SCHEDULE OF BUILDING PERMIT AND LICENSE FEES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Building Issuance and Annual License Fees Permit/License Description Current Fee Recom- mended Fee Increase Building Permit Issuance Fee $5.00 $10.00 Sign Contractor License Annually $100.00 $150.00 VAB License An- nually $300.00 $350.00 Solar Thermal License Annually $75.00 $125.00 Electrical/Industrial Maintenance Li- cense Annually $180.00 $230.00 Section 2. Plan Review Fee • Current Plan Review Fee: $52/HR • Recommended Plan Review Fee: $60/HR Section 3: Building Permit Value Increases Current Fee Structure One-and Two-Family Dwellings Project Amount Base Fee Plus $1 - $500 $13.25 No Added Fee $501 - $2,000 $13.25 for first $500 $2.15 additional $100 $2,001 - $30,000 $45.50 for first $2000 $8.50 additional $1,000 $30,001 - $50,000 $283.50 for first $30,000 $6.35 additional $1,000 $50,001 - $100,000 $410.50 for first $50,000 $4.25 additional $1,000 100,001 and above $623.00 for first $100,000 $3.55 additional $1000 Recommended 10% Increase on Fee Struc- ture One-and Two-Family Dwellings Project Amount Base Fee Plus $1 - $500 $14.58 No Added Fee $501 - $2,000 $14.58 for first $500 $2.37 additional $100 $2,001 - $30,000 $50.05 for first $2000 $9.35 additional $1,000 $30,001 - $50,000 $311.85 for first $30,000 $6.99 additional $1,000 $50,001 - $100,000 $451.55 for first $50,000 $4.68 additional $1,000 100,001 and above $685.30 for first $100,000 $3.91 additional $1000 Book 146 Special Session March 14, 2016 56 Current All Other Building Projects Project Amount Base Fee Plus $1 - $500 $26.50 No Added Fee $501 - $2,000 $26.50 for first $500 $13.25 addi- tional $500 $2,001 - $25,000 $66.25 for first $2000 $10.60 addi- tional $1,000 $25,001 - $50,000 $310.05 for first $25,000 $7.95 additional $1,000 $50,001 - $100,000 $508.80 for first $50,000 $5.30 additional $1,000 $100,001 - $500,000 $773.80 for first $100,000 $43.65 addi- tional $10,000 $500,001 and above $2519.80 for first $500,000 $35.70 addi- tional $10,000 Recommended 10% Increase All Other Build- ing Projects Project Amount Base Fee Plus $1 - $500 $29.15 No Added Fee $501 - $2,000 $29.15 for first $500 $14.58 addi- tional $500 $2,001 - $25,000 $72.88 for first $2000 $11.66 addi- tional $1,000 $25,001 - $50,000 $341.06 for first $25,000 $8.75 additional $1,000 $50,001 - $100,000 $559.68 for first $50,000 $5.83 additional $1,000 $100,001 - $500,000 $851.18 for first $100,000 $48.02 addi- tional $10,000 $500,001 and above $2771.78 for first $500,000 $39.27 addi- tional $10,000 Book 146 Special Session, March 14, 2016 57 Section 4. Residential Electrical Permit Fees Recommended 10% Increase Category Current Fee Recommended Fee Square Footage Fees for New Residential Construction or Additions (Per Square Foot Cost) $0.06 $0.07 Unit Fees for Existing Building Remodels Per Unit Fee Swimming Pool, Spa, Hot Tub, Whirlpool $33.00 $36.30 Temporary Power, Construction Site Service $19.50 $21.45 Temporary Lighting Systems $19.50 $21.45 Over 20 $0.30 $0.33 Lighting Fixtures 1-20 $0.70 $0.77 Over 20 $0.30 $0.30 Pole Mounted Lighting Fixtures $1.30 $1.43 Residential Appliances and Power Ap- paratus (rated in) Tons of TU, or Kilo- watts, KiVA, or KiVAR, or Horsepower. 0 to 1 $7.00 $7.70 Over 1 to 10 $8.00 $8.80 Over 10 to 20 $10.00 $11.00 Over 20 to 30 $14.00 $15.40 Over 30 $14.00 $15.40 Extra HP $0.30 $0.33 Square Footage Fees for New Buildings and Remodels Per Square Feet $0.06 $0.07 Main Service Fees and sub-panels are separate than square footage calcula- tions 0 to 100 Amps $10.00 101 to 400 Amps $16.00 $17.60 401 to 600 Amps $24.00 $26.40 601 to 1000 Amps $32.00 $35.20 Over 1000 Amps $49.00 $53.90 Misc. apparatus, Conduit, & Conductors that no other Fee Covers Above $19.50 $21.45 Original Issuance Fee $10.00 $10.00 Supplemental Issuance Fee (only if this is a follow-up to a previous permit) $5.00 $5.50 Fees Not Covered Above Each noncompliance re-inspection needed $52.00 $60.00 For construction plan review ( minimum of 1 hour) $52.00 $60.00 Inspections Outside Normal Business Hours $52.00 $60.00 Inspection for which no fee is detailed above (Presale, demolition, dam- age, etc.) $52.00 $60.00 Section 5: Commercial Electrical Permit Fees Recommended 10% Increase Square Footage Fees for New Commercial Construction or Addi- tions(Per Square Foot Cost) Current Fee Recommended Fee Commercial Office Construction First 25,000 sq. ft. $0.07 $0.08 Next 49,999 sq. ft. $0.06 $0.07 Next 124,999 sq. ft. $0.045 $0.050 Next 299,999 sq. ft. $0.03 $0.033 Over 500,000 sq. ft. $0.015 $0.0165 Commercial Industrial Construction First 25,000 sq. ft. $0.03 $0.033 Next 49,999 sq. ft. $0.015 $0.0165 Next 124,999 sq. ft. $0.007 $0.0077 Next 299,999 sq. ft. $0.0045 $0.00495 Over 500,000 sq. ft. $0.001 $0.0011 Unit Fees for Existing Building Remodels (Per Unit Fee) Signs: Free Standing or Building Mounted First Transformer $10.00 $11.00 Additional Transformers $6.00 $6.60 Gasoline Pumps and/or Dispensers $10.00 $11.00 Swimming Pool, Spa, Hot Tub, Whirlpool $33.00 $36.30 Temporary Power & Construction Site Services $19.50 $21.45 Temporary Lighting Systems $19.50 $21.45 Receptacle, Switch, Light Boxes and Enclosures First 1 thru 20 $0.07 $0.077 Number Over 20 $0.30 $0.33 Book 146 Special Session March 14, 2016 58 Lighting Fixtures Only First 1 thru 20 $0.07 $0.077 Number Over 20 $0.03 $0.033 Pole Platform Fixtures $1.30 $1.43 Theatrical Lighting Fixtures $1.30 $1.43 Appliances and Power Apparatus(rated in) tons of BTU or kilowatts, KVA or KVAR or Horsepower 0 to 1 Over 1 to 10 Over 10 to 20 Over 20 to 30 Over 30 Extra HP(over 30) each $0.30 $0.33 Busway: Enter number of 100 ft. sections or fraction there of $0.70 $0.77 Service Fees are Separate From Square Footage Calculations Above Main Service Panels and Sub-Panels 0 to 100 Amps $10.00 $11.00 101 to 400 Amps $16.00 $17.60 401 to 600 Amps $24.00 $26.40 601 to 1000 Amps $32.00 $35.20 Over 1000 Amps or 600 Volts $49.00 $53.90 Commercial Electrical Permit Fees Recommended 10% Increase (Continued) Current Fee Recommended Fee Misc. apparatus, Conduit, & Conductors that no other Fee Co- vers Above $19.50 $21.45 Original Issuance Fee $10.00 $10.00 Supplemental Issuance Fee (only if this is a follow-up to a pre- vious permit) $5.00 $5.50 Fees Not Covered Above Each noncompliance re-inspection needed $52.00 $60.00 For construction plan review ( minimum of 1 hour) $52.00 $60.00 Inspections Outside Normal Business Hours $52.00 $60.00 Inspection for which no fee is detailed above (Presale, demoli- tion, damage, etc.) $52.00 $60.00 Section 6. Other Permit Fees Recommended 10% Increase Permit Type Current Fee Recommended Fee Demolition Permits One & Two Family Dwellings $32.00 $35.20 Commercial Buildings One story < 1000 Sq. Ft $32.00 $35.20 Each Story 1001 to 3000 Sq. FT. $37.50 $41.25 Each Story Over 3000 Sq. FT. $42.50 $46.75 Note: Basement counted as a story Temporary Sign Permit Current Fee Recommended Fee Temporary Sign Permit $25.00 $27.50 Permanent Sign Permit Current Fee Recommended Fee Permanent Sign Permit $33.00 $36.30 Section 7. Mechanical Permit Fee Recommended 10% Increase Mechanical Type of Fixture or Item Current Fee Recommended Fee Floor Furnace, Wall Heater (Including Vent) $16.00 $17.60 Unit Heater, Hanging Heaters, Wall Heaters $16.00 $17.60 Evaporative Cooler (not portable) $11.50 $12.65 Vent Fan $8.00 $8.80 Ventilation Systems $16.00 $17.60 Equipment not listed/ Temporary Heat $16.00 $17.60 Alteration, addition to any system/ductwork $16.00 $17.60 Factory Built Fireplace $11.50 $12.65 Fireplace Stoves $11.50 $12.65 Water Heater (BTU each) $11.50 $12.65 Type 1 & 2 Hoods $19.50 $1.95 Appliance Vent $14.00 $15.40 Forced Air Furnace < or = to 100,000 BTU $16.00 $17.60 Book 146 Special Session, March 14, 2016 59 Forced Air Furnace > or = to 100,000 BTU $19.50 $21.45 Boilers, Compressors, Absorption Systems, Refrigeration, RTU, Air Conditioning and Heat Pumps Up to and include 3HP or 100,000 BTU $16.00 $17.60 >3HP to 15HP or 100,000 to 500,000 BTU $29.00 $31.90 >15HP to 30HP or 500,00o to 1,000,000 BTU $39.00 42.90 >30HP to 50HP or 1,000,000 to 1,750,000 BTU $60.00 $66.00 >50HP or >1,750,000 BTU $99.00 $108.90 Air Handling Unit (CFM to 10,000) $11.50 $12.65 Air Handling Unit (CFM > 10,000) $19.50 $21.45 Gas Piping (1 to 5 outlets) Gas Pressure Test $14.00 $15.40 Hydronic Piping $19.50 $21.45 Ground source systems-horizontal loop or vertical wells $19.50 $21.45 Solar Systems: space heat/cool or water heat/processing $19.50 $21.45 Issuance Fee $10.00 $10.00 Book 146 Special Session March 14, 2016 60 Section 8. Plumbing Permit Fee Recommend- ed 10% Increase Plumbing Type of Fix- ture or Item Current Fee Rec- om- mended Fee Water Closet (Toilet) $8.00 $8.80 Bathtub $8.00 $8.80 Lavatory (Wash Basin) $8.00 $8.80 Shower $8.00 $8.80 Kitchen Sink $8.00 $8.80 Garbage Disposal $8.00 $8.80 Dishwasher $8.00 $8.80 Laundry Tray $8.00 $8.80 Clothes Washer $8.00 $8.80 Urinal $8.00 $8.80 Drinking Fountain $8.00 $8.80 Service Sink $8.00 $8.80 Shampoo Bowl $8.00 $8.80 Grease Trap $8.00 $8.80 Water Heater $11.50 12.65 Gas Piping (1 to 5 out- lets) Gas Pressure Test $14.00 $15.40 Gas Piping (>5 outlets per outlet fee) $3.50 $3.85 Floor Drain $8.00 $8.80 Roof Drain $11.50 12.65 Condensate Drain $11.50 12.65 Vacuum Breaker $11.50 12.65 Backwater Valve $14.00 $15.40 Backflow Prevention Device $14.00 $15.40 Waste Interceptor $14.00 $15.40 Indirect Waste $14.00 $15.40 Sewage Ejector $14.00 $15.40 Water Distribution Pip- ing $14.00 $15.40 Water Treating Equip- ment $14.00 $15.40 Water Service (Main to Property Line) $14.00 $15.40 Water Service (Property Line to Building) $14.00 $15.40 Sanitary Service (Main to Property Line) $14.00 $15.40 Sanitary Service (Prop- erty Line to Building $14.00 $15.40 Meter $14.00 $15.40 Misc. $14.00 $15.40 Issuance Fee $10.00 $10.00 Plan Review Fee (Mini- mum 1 Hour) Per Hour Cost $52.00 $60.00 Section 9. That these increases become effective July 1st, 2016. Passes approved and adopted 14th day of March 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Code of Ordinances Amendment - Title 13 Solid Waste Rates and Charges: Motion by Resnick to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Connors. Motion carried 7-0. Motion by Resnick for final consideration and passage of Ordinance No. 4-16 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6 Solid Waste, Article A City or Private Collection Service, Section 13-6A-6 Rates and Charges Established; Ex- ceptions and Section 13-6A-8 Yard Waste and Food Scraps. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 4-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 6 SOLID WASTE, ARTICLE A CITY OR PRIVATE COLLECTION SERVICE, SECTION 13-6A-6 RATES AND CHARGES ESTABLISHED; EXCEPTIONS AND SEC- TION 13-6A-8 YARD WASTE AND FOOD SCRAPS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-6A-6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6A-6: RATES AND CHARGES ESTAB- LISHED; EXCEPTIONS: A. Class I Premises: Except as qualified below, a fee of fourteen dollars and seventy-seven cents ($14.77) per dwelling unit per month shall be paid to the city by the property owner of each class I premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined in this chapter. There is no limit on the number of bins allowed to be collected containing acceptable "re- cyclable materials" as defined in this chapter. Exceptions to the collection charges for class I premises are as fol- lows: 1. When a class I premises has been va- cant for a period not less than three (3) consecutive months, the owner may apply to the city manager for a credit under procedures to be estab- lished by the city manager. Such credit shall continue only so long as the class I premises is vacant. 2. Class I premises when the head of the household is sixty five (65) years of Book 146 Special Session, March 14, 2016 61 age or older and has an annual in- come equal to or less than the in- come standards used by HUD for its "section 8 housing program" for one and two (2) person households may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual applica- tion shall be made by the head of household on July 1 of each year to verify annual income and eligibility. 3. In cases of extreme financial hardship, the city manager may, and is hereby authorized and empowered to, make adjustments in the monthly collection charges as the city manager may deem appropriate. In such cases, the city manager shall have the authority to require such proof of vacancy, fi- nancial status, age or extreme hard- ship, as the city manager may deem necessary. 4. Class I premises when a family household of five (5) or more persons has an annual income equal to or less than the income standards used by HUD for its "section 8 housing program" for the size of that house- hold may, upon application to the city manager, be exempted from one-half (1/2) the established collection charge. After the initial application, annual application shall be made by the head of household on July 1 of each year to verify annual income and eligibility. B. Class II Premises: 1. A fee of fourteen dollars and seventy- seven cents ($14.77) per month shall be paid to the city by the property owner of each class II premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected contain- ing acceptable "recyclable materials" as defined. 2. The owner of a class II premises served by the city solid waste collec- tion may provide the city manager with not less than fourteen (14) days' written notice of intent to terminate the service. Such termination of ser- vice shall be effective at the begin- ning of the next billing period after such fourteen (14) day notice period. C. Class III Premises: 1. A fee of fourteen dollars and seventy- seven cents ($14.77) per month shall be paid to the city by the property owner of each class III premises for such services. Said fee shall be in payment for collection and disposal of one 35-gallon can or one 35-gallon trash bag of "solid waste" as defined. There is no limit on the number of bins allowed to be collected contain- ing acceptable "recyclable materials" as defined. 2. The owner of a class III premises served by city solid waste collection may provide the city manager with not less than fourteen (14) days' writ- ten notice of intent to terminate the service. Such termination of service shall be effective at the beginning of the next billing period after such four- teen (14) day notice period. D. Unit Based Pricing: Collection options and charges under unit based pricing for class I, II and III premises are as fol- lows: 1. A yearly subscription for weekly collec- tion of an additional standard solid waste container, or containers, may be subscribed for an additional eight dollars ($8.00) each per month. 2. Oversize, nonstandard rigid solid waste containers of up to fifty (50) gallons in capacity may be sub- scribed as the one container covered under the base monthly solid waste fee for an additional five dollars ($5.00) per month. Such containers shall be holders for standard trash bags for manual removal by city crews, shall not contain any loose material, and shall not be lifted and dumped by crews. Individual trash bags held in the oversized container shall weigh no more than forty (40) pounds. 3. A yearly subscription for weekly collec- tion of an additional oversized solid waste container, or containers, may be subscribed for an additional twelve dollars ($12.00) each per month. 4. Solid waste carts, owned by the city for semi-automated lifting, may be sub- scribed by owners and/or property managers of class I, II and III premis- es. The customer shall choose the number and size of the cart. The fee for a sixty-four (64) gallon city cart shall be twenty dollars and sixty-five cents ($20.65) each per month. The fee for a ninety-six (96) gallon city cart shall be twenty-nine dollars ($29.00) each per month. 5. Official city of Dubuque single use stickers costing one dollar and fifty cents ($1.50) shall be applied to each additional standard solid waste con- Book 146 Special Session March 14, 2016 62 tainer or small bulky or bundled item in excess of the one standard solid waste container collected under the base monthly solid waste fee or any additional subscribed container(s). 6. Multiple-family dwellings of three (3), four (4), five (5), and six (6) dwelling units as well as class II or class III premises sharing a common set out location with other city solid waste customers shall only use approved rigid solid waste containers with per- manent identification as to the specif- ic premises. However, for the two (2) weeks following Christmas, excess solid waste may be set out in trash bags with applied city of Dubuque single use stickers. 7. In alleys where solid waste carts, owned by the city for semi-automated lifting, are required to be subscribed by owners, tenants and/or property managers of class I, II, and III prem- ises where the approved set out loca- tion is in an alley. The customer shall choose the number and size of the cart(s). Such carts shall be sub- scribed according to a fee schedule and program requirements as ap- proved by the city manager. E. Special Collection: The charge for a special collection service for large and bulky rubbish to each dwelling unit re- ceiving such service when requested by the owner shall be as follows: 1. A fee of ten dollars ($10.00) shall be paid by the owner for each time the service is provided for up to the equivalent of three (3) cubic yards of solid waste. 2. An additional fee of twelve dollars and fifty cents ($12.50) shall be paid for each additional three (3) cubic yards of solid waste. 3. An additional fee for tires, equal to the disposal fees charged at the Dubu- que metro landfill, shall be paid to the city by the owner for each tire. 4. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each appliance collect- ed in the service. 5. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection re- quested by the owner to be sched- uled for service on a day not receiv- ing weekly collection at the service address. 6. An additional fee of ten dollars ($10.00) shall be paid to the city by the owner for each collection re- quested by the owner to be sched- uled for immediate service or when- ever crews are sent back to the ser- vice address to collect items that were not properly set out on time as previously scheduled. Section 2. Section 13-6A-8 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13-6A-8: YARD WASTE AND FOOD SCRAPS: A. Separation of Yard Waste: Yard waste shall be separated by the owner of a premises from all other solid waste. B. Composting: An owner may compost such person's own yard waste and food scraps on such person's own premises, provided the same is stored in such a manner as to not create a fire, health or safety hazard. C. Collection Schedule for Yard Waste: Yard waste that has not been com- posted shall be collected by the city not more than once each week according to the collection schedule established by the city manager. D. Preparation Of Waste: Containerized yard waste collected by the city shall be placed in degradable paper bags with an affixed single use sticker or in rigid waste containers with an affixed single use tag or in permanent waste contain- ers with an affixed annual yard waste decal or in a subscribed sixty five (65) gallon city owned yard waste cart or be contained by tying devices approved by the city manager. The charges for col- lection and disposal of "yard waste" as defined shall be as follows: 1. The fee for tying devices approved by the city manager shall be one dollar thirty cents ($1.30) each. 2. The fee paid to the city by a customer of record with the city for an annual yard waste decal for a rigid waste container shall be thirty five dollars ($35.00) each through June 30 of each year. The fee shall be reduced by one-half (1/2) on July 1 of each year and again by one-half (1/2) on September 1 of each year. A decal shall only be used by the customer of record with the city who purchased it. 3. The fee for single use stickers shall be one dollar thirty cents ($1.30) each. 4. The fee paid to the city for subscription to a sixty five (65) gallon city owned yard waste cart shall be eleven dol- lars ($11.00) per month. 5. The minimum fee paid to the city for collection of a scheduled leaf rake out is twenty dollars ($20.00) for a forty (40) standard leaf bag equivalent pile Book 146 Special Session, March 14, 2016 63 of leaves in the parking lane at the curb. E. Food Scrap Collection Program Sub- scribers: Subscribers to the food scrap collection program shall set out city owned carts containing food scraps and other compostable materials. SUBSCRIBER WEEKLY FOOD SCRAP COLLECTION SERVICES Customer Class Cart Size Monthly Rates City refuse cus- tomers and K-12 schools 13 gallon $1.00 48 gallon $8.00 64 gallon $11.00 Commercial cus- tomers without city refuse collection 13 gallon $4.00 48 gallon $15.00 64 gallon $20.00 1. Such carts shall be co-collected with yard waste. The customer shall choose the number and size of the cart(s). 2. Such carts shall be set out weekly to reduce potential nuisance concerns. Failure to use, store or set out the cart properly shall cause the sub- scription to be terminated. F. Deposits In Public Rights Of Way Pro- hibited: No person shall deposit any yard waste or food scraps in any public right of way. (Ord. 13-13, 2-28-2013, eff. 7-1-2013) Section 3. This Ordinance shall take effect on the 1st day of July, 2016. Passed, approved and adopted this 14th day of March, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 18th day of March, 2016. /s/Kevin S. Firnstahl, City Clerk 5. Code of Ordinances Amendment - Title 13 Establishing Basic Sewer Rates for Resi- dential and Commercial Users: Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 5-16 Amending the City of Dubuque Code of Ordinances Sections 13-2C-3(B) and 13-2C-3(C) (7) Establishing Basic Sewer Rates for Residential and Com- mercial Users by Increasing the Rates. Se- conded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 5-16 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES SECTIONS 13-2C- 3(B) AND 13-2C-3(C)(7) ESTABLISHING BASIC SEWER RATES FOR RESIDENTIAL AND COMMERCIAL USERS BY INCREASING THE RATES NOW, THEREFORE, BE IT ORDAINED BY ATHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 13-2C-3(B) of the City of Dubuque Code of Ordinances is amended to read as follows: Section 13-2C-3(B) Schedule of Rates: Rates per each one hundred (100) cubic feet: $4.75 Rate per each gallon: $ .00635 Section 2. Section 13-2C-3(C)(7) of the City of Dubuque Code of Ordinances is amended to read as follows: Where the quantity of water consumed is such that the minimum of service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Meter Size (inches) Minimum Charge Allowance (cubic feet) Allowance (gallons) 5/8 $ 9.50 200 1,496 3/4 $ 23.75 500 3,740 1 or larger $ 38.00 800 5,984 Section 3. This Ordinance shall take effect July 1, 2016. Passed, approved and adopted this 14th day of March, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 18th day of March, 2016. /s/Kevin S. Firnstahl, City Clerk 6. Schedule of Rates for the Disposal of Waste from Private Sources: Motion by Lynch to receive and file the documents and adopt Resolution No. 85-16 Establishing a Schedule of Rates for the Disposal of Private Waste (Septic, Car Wash) as provided for in Title 13 of the City of Dubuque Code of Ordinances, Public Utilities. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 85-16 ESTABLISHING A SCHEDULE OF RATES FOR THE DISPOSAL OF PRIVATE WASTE (SEPTIC, CAR WASH) AS PROVIDED FOR IN TITLE 13 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, PUBLIC UTILI- TIES Book 146 Special Session March 21, 2016 64 Whereas, the City Council of the City of Dubuque, Iowa establishes certain rates for the disposal of private wastes (septic, car wash) pursuant to the schedule of rates below. Water & Resource Recovery Center - Pri- vate Waste Disposal Rate Schedule Within City of Dubuque Limits: $ 0.070 per gallon Out of City of Dubuque Limits: $ 0.100 per gallon Car Wash Grit Trap Waste: $ 0.150 per gallon NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The given rate schedule shall take effect on July 1, 2016. Passed, approved and adopted this 14th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk There being no further business, upon mo- tion the City Council adjourned at 7:43. p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on March 21, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro-Tem Jones; Council Members Connors, Del Toro, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro-Tem Jones read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the U.S. EPA Semi Annual Consent Decree Update. WORK SESSION U.S. EPA Semi Annual Consent Decree Up- date Environmental Engineer Denise Ihrig intro- duced staff and provided a slide presentation. Topics included: • History of the Clean Water Act, Nation- al Pollutant Discharge Elimination Sys- tem (NPDES) and Consent Decree • Sanitary Sewer Overflows (SSOs) o Causes and Reporting • Capacity, Management, Operation, and Maintenance (CMOM) Program o Fats, Oils and Grease (FOG) Program • Remedial Measures: Corrections and Upgrades) • Water & Resource Recovery Center • SEP Green Alleys • Corrective Actions Identified Through Source Detection o Inflow & Infiltration (I&I)  Source Detection and Sum- mary  Sewershed Improvements o SCADA Collection System • Compliance and Success • Next Steps The City Council had discussion with staff following the work session. There being no further business, upon mo- tion the City Council adjourned at 6:15 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session, March 21, 2016 65 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on March 21, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol (via phone); Mayor Pro-Tem Jones; Council Members Connors, Del Toro, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl Mayor Pro-Tem Jones 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 PRESENTATION National League of Cities 2016 First Place City Cultural Diversity Award was presented to the City of Dubuque for its support of Inclusive Dubuque and its efforts to develop a communi- ty equity profile by Kate Zanger of Clarke Col- lege, John Stewart of the Multicultural Family Center, Eric Dregne of the Community Foun- dation of Greater Dubuque and Katrina Farren- Eller of Inclusive Dubuque. PROCLAMATION(S) Autism Awareness Month (April 2016) was accepted by Laura Keehner of Hills and Dales, 1011 Davis Street. City Manager Van Milligen added that the Historic Federal Building will be lighted in blue lights in recognition of the event. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. An- drew Makovec requested (#7) Andrew Ma- kovec Claim Appeal be held for separate dis- cussion. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Minutes of 3/7, 3/14; Human Rights Commission of 2/8; Library Board of Trustees of 1/28 and Council Update of 2/26; Zoning Advisory Commission of 3/2; Proof of Publica- tion for City Council Proceedings of 2/15, 2/17, 2/18, 2/22, and 2/24; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 1/31. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Catherine Christensen for personal injury; Laura Gerner for property damage; William and Racquel McClellen and Ramone Bowen, Jr. for person- al injury and property damage; Iraida Nazario for property damage. Upon motion the docu- ments were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Catherine Christensen for personal inju- ry; Laura Gerner for property damage; William and Racquel McClellan and Ramone Bowen, Jr. for personal injury and vehicle damage; Iraida Nazario for property damage. Upon mo- tion the documents were received, filed and concurred. 4. Civil Service Commission - Certified Lists: Civil Service Commission submitting the certified list for the position of Water Distribu- tion Equipment Operator. Upon motion the documents were received, filed and made a Matter of Record. February 23, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Water Distribution Equipment Operator was administered on February 3, 2016. We hereby certify that the individuals listed below have passed this written examination and the va- cancy for this position should be made from this list and that this list is good for two (2) years from above date. Water Distribution Equipment Operator 1 John Ungs 10 Martin Kearney 2 Mark Tinkham 11 Bryon Schueller 3 F. Michael Gruber 12 Brennan Udelhofen 4 John Kirk 13 Nicholas Ryan 5 Derek Duehr 14 Nicholas McLaughlin 6 Donnie Wand 15 Pat Till 7 Justin Licht 16 Richard Zeller 8 Jeremy Daughetee 17 Robert Blake 9 Anthony Johnson 18 Conan Grap 19 Michael Mangers Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 5. Heritage Works Letter of Support for Eagle Point Park Celebration and Symposium: City Manager transmitting Mayor Buol's Letter of Support for Heritage Works to produce a celebration for and academic symposium Book 146 Regular Session March 21, 2016 66 about Alfred Caldwell's work at Eagle Point Park. Upon motion the document was received and filed. 6. Acceptance of Donation of Lot Adjacent to Southern Park: City Manager recommend- ing acceptance of the donation from Dubuque County of Lot 2 of Subdivision of Lot 6 of John Breakey’s Dubuque located adjacent to Southern Park. Upon motion the documents were received and filed and Resolution No. 87- 16 Accepting the Deed to certain real estate in Dubuque County, Iowa from Dubuque County, Iowa was adopted. RESOLUTION NO. 87-16 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM DUBUQUE COUNTY, IOWA Whereas, Dubuque County, Iowa owned Parcel No. 1036210025 (the Property) legally described as: LOT 2 OF THE SUBDIVISION OF LOT 6 OF JOHN BREAKEY’S DUBUQUE IN THE CITY OF DUBUQUE, IOWA ACCORDING TO THE RECORDED PLAT THEREOF Whereas, the City currently owns Parcel No. 1036208017 which surrounds the Property on three sides and operates Parcel No. 1036208017 as Southern Park; and Whereas, accepting the deed for the Prop- erty will increase the size of Southern Park and is in the best interest of the City and Dubuque County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby ac- cepts the Deed from Dubuque County, Iowa a copy of which is attached hereto. Section 2. The City Clerk is hereby author- ized and directed to record this Resolution and Deed with the Dubuque County Recorder. Passed, approved and adopted this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 7. Andrew Makovec Claim Appeal: City At- torney recommending denial of the appeal of a claim against the City by Andrew Makovec for property damage. Motion by Resnick to re- ceive and file and refer to the City Attorney with the new information provided by Mr. Ma- kovec. Seconded by Connors. Andrew Ma- kovec spoke and provided information he ob- tained from the Public Works Department and requested reconsideration of the decision to deny the appeal. Motion carried 7-0. 8. General Obligation Bonds Series 2016ABC Complete Action: City Manager rec- ommending approval of the suggested pro- ceedings to complete the action required on the recent Series 2016A, Series 2016B and Series 2016C General Obligation Bonds. Res- olution No. 88-16 (Series 2016A) Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Regis- trar and Transfer Agent Agreement and au- thorizing the Execution of the Agreement. Up- on motion the documents were received and filed and Resolution No. 89-16 (Series 2016A) Amending the “Resolution Authorizing and Providing for the Issuance and Levying a Tax for the Payment Thereof” passed May 4, 2015, by substituting a new Resolution therefore, authorizing and providing for the issuance of $2,830,000 General Obligation Bonds, Series 2016A, and levying a tax to pay said Bonds; approval of the Tax Exemption Certificate and Continuing Disclosure Certificate; Resolution No. 90-16 (Series 2016B) Appointing Wells Fargo Bank, National Association of Minneap- olis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the execution of the Agreement; Resolution No. 91-16 (Series 2016B) Authorizing and provid- ing for the issuance of $10,920,000 General Obligation Refunding Bonds, Series 2016B, and levying a tax to pay said Bonds; approval of the Tax Exemption Certificate and Continu- ing Disclosure Certificate; Resolution No. 92- 16 (Series 2016C) Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and Authorizing the execu- tion of the Agreement; and Resolution No. 93- 16 (Series 2016C) Authorizing and providing for the issuance of $4,145,000 General Obliga- tion Bonds, Series 2016C, and levying a tax to pay said Bonds; approval of the Tax Exemp- tion Certificate and Continuing Disclosure Cer- tificate were adopted. RESOLUTION NO. 88-16 APPOINTING WELLS FARGO BANK, NA- TIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, $2,830,000 General Obligation Bonds, Series 2016A, dated April 4, 2016, Book 146 Regular Session, March 21, 2016 67 have been sold and action should now be tak- en to provide for the maintenance of records, registration of certificates and payment of prin- cipal and interest in connection with the issu- ance of the Bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regula- tions, and requirements governing the registra- tion, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: 1. That Wells Fargo Bank, National Asso- ciation of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $2,830,000 General Obli- gation Bonds, Series 2016A, dated April 4, 2016. 2. That the Agreement with Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 89-16 AMENDING THE “RESOLUTION AUTHOR- IZING AND PROVIDING FOR THE ISSU- ANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF” PASSED MAY 4, 2015, BY SUBSTITUTING A NEW RESOLU- TION THEREFORE, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $2,830,000 GENERAL OBLIGATION BONDS, SERIES 2016A, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTINUING DISCLOSURE CERTIFICATE Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of the settlement of any part or all of the legal indebtedness of a city, whether evi- denced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original in- stance, including the settlement of the Fran- chise Fee Litigation, and it is deemed neces- sary and advisable that General Obligation Bonds, to the amount of not to exceed $3,000,000 be authorized for said purposes; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Io- wa, this Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of $2,830,000 General Obli- gation Refunding Bonds for such purposes; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said Bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale; and Whereas, on May 4, 2015, the City Council of said City did adopt a certain Resolution enti- tled "RESOLUTION AUTHORIZING THE IS- SUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF"; and Whereas, due to certain changes in the overall financing plans of the City, it is neces- sary to make numerous changes to the Reso- lution adopted on May 4, 2015 and, therefore, said Council has adopted a new Resolution to be substituted in its entirety for the Resolution previously adopted on May 4, 2015; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Definitions. The following terms shall have the following meanings in this Resolution un- less the text expressly or by necessary impli- cation requires otherwise: "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, when- ever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the rec- ords of such Participant or such per- son's subrogee. • "Blanket Issuer Letter of Representa- tions" shall mean the Representation Letter from the Issuer to DTC, with re- spect to the Bonds. • "Bond Fund" shall mean the fund cre- ated in Section 3 of this Resolution. • "Bonds" shall mean $2,830,000 Gen- eral Obligation Bonds, Series 2016A, authorized to be issued by this Resolu- tion. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any succes- sor nominee of DTC with respect to the Bonds. Book 146 Regular Session March 21, 2016 68 • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclo- sure Certificate approved under the terms of this Resolution and to be exe- cuted by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accord- ance with the terms thereof. • "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, reg- istered in the Registration Books main- tained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. • "Participants" shall mean those broker- dealers, banks and other financial insti- tutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Is- suer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Project" shall mean the settlement of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, including the settle- ment of the Franchise Fee Litigation. • "Project Fund" shall mean the fund re- quired to be established by this Resolu- tion for the deposit of the proceeds of the Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Registrar" shall mean Wells Fargo Bank, National Association of Minne- apolis, Minnesota, or such successor as may be approved by Issuer as pro- vided herein and who shall carry out the duties prescribed herein with re- spect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Resolution" shall mean this resolution authorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the Finance Director and delivered at the time of issuance and delivery of the Bonds. • "Treasurer" shall mean the Finance Di- rector or such other officer as shall succeed to the same duties and re- sponsibilities with respect to the record- ing and payment of the Bonds issued hereunder. Levy and Certification of Annual Tax; Other Funds to be Used. Levy of Annual Tax. That for the purpose of providing funds to pay the principal and in- terest of the Bonds hereinafter authorized to be issued, there is hereby levied for each fu- ture year the following direct annual tax on all of the taxable property in Dubuque, Iowa to- wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $22,141 * 2016/2017 $202,906 2017/2018 $205,307 2018/2019 $202,606 2019/2020 $199,907 2020/2021 $197,206 2021/2022 $199,507 2022/2023 $196,706 2023/2024 $198,907 2024/2025 $195,825 2025/2026 $196,475 2026/2027 $191,975 2027/2028 $192,475 2028/2029 $192,825 2029/2030 $193,025 2030/2031 $187,868 2031/2032 $187,507 2032/2033 $186,981 2033/2034 $186,075 2034/2035 *A levy has been included in the budget previously certified and will be used together with available City funds to pay the principal and interest of the Bond coming due in fiscal year 2017. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 201 will be collected during the fiscal year commencing July 1, 2018.) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are Book 146 Regular Session, March 21, 2016 69 levied and assessed, and such taxes so levied in and for each of the years aforesaid be col- lected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever; which action requires a modification and change of the levies originally made in accordance with the Bond Resolution certified to and filed in the Dubuque County Auditor's office on May 6, 2015. Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insuffi- cient to pay the same shall be promptly paid when due from current funds of the City avail- able for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND NO. 1" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not incon- sistent with limitations provided by law or this Resolution. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2015, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2015, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent mar- ket value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or in- terest on the Bonds as herein provided. Bond Details, Execution and Redemption. Bond Details. General Obligation Bonds of the City in the amount of $2,830,000, shall be issued pursuant to the provisions of Section 384.25 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2016A", be dated April 4, 2016, and bear in- terest from the date thereof, until payment thereof, at the office of the Paying Agent, said interest payable on December 1, 2016, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the man- ual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premi- um, if any, shall be payable at the office of the Paying Agent by mailing of a check to the reg- istered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear in- terest as follows: Principal Interest Maturity Amount Rate June 1st $120,000 2.00% 2017 $130,000 2.00% 2018 $135,000 2.00% 2019 $135,000 2.00% 2020 $135,000 2.00% 2021 $135,000 2.00% 2022 $140,000 2.00% 2023 $140,000 2.00% 2024 $145,000 2.13% 2025 $145,000 3.00% 2026 $150,000 3.00% 2027 $150,000 3.00% 2028 $155,000 3.00% 2029 $160,000 3.00% 2030 $165,000 3.13% 2031 $165,000 3.25% 2032 $170,000 3.25% 2033 $175,000 3.38% 2034 $180,000 3.38% 2035 Redemption. Optional Redemption. Bonds maturing af- ter June 1, 2024, may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual Book 146 Regular Session March 21, 2016 70 maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any reg- istered owner of the Bonds or any defect therein shall not affect the validity of any pro- ceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemp- tion will cease to bear interest after the speci- fied redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed com- pleted upon transmission to the owner of rec- ord. If selection by lot within a maturity is re- quired, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for re- demption, the Issuer will notify DTC of the par- ticular amount of such maturity to be re- deemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be re- deemed. All prepayments shall be at a price of par plus accrued interest. Extraordinary Redemption. In addition to the optional redemption terms set forth above, the Series A Bonds are subject to extraordi- nary redemption prior to maturity, in whole or from time to time in part, within the maturity by lot, on any date or dates, at the option of the City at a redemption price of par plus accrued interest to the date of redemption, following the occurrence of (i) the effective date of an amended City ordinance that has been passed by the City Council, and approved at an elec- tion called for that purpose under Iowa Code Section 364.2(4)(f), which imposes a franchise fee on the gross revenues generated from sales of electricity and/or natural gas within the City at a rate above the current rate of five percent (5%), or (ii) if at any time the City has received and has on hand more than Five Hundred Thousand Dollars ($500,000) in ag- gregate amount of unclaimed judgment pro- ceeds from the class administrator appointed in the franchise fee litigation generally de- scribed in Order No. CVCV054663, dated Sep- tember 18, 2014 in the Iowa District Court in and for Dubuque County, or as a result of do- nations to the City of refund claims from class members in said franchise fee litigation. Issuance of Bonds in Book-Entry Form; Replacement Bonds. Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be reg- istered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. The Bonds will be initially issued in the form of separate single authenticated fully reg- istered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the Wells Fargo Bank, National Association kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Reg- istrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the pur- poses of payment of the principal or redemp- tion price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolu- tion of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records main- tained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any no- tice given to owners of Bonds under the Reso- lution; with respect to the Participant(s) select- ed to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenti- cated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Pay- Book 146 Regular Session, March 21, 2016 71 ing Agent and Registrar of written notice that DTC has determined to substitute a new nom- inee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will noti- fy the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Pay- ing Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in ac- cordance with this Section. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as pro- vided in the Representation letter. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Regis- trar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the con- sent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent pos- sible. Notice to DTC must be given only when DTC is the sole Bondholder. The Representation Letter is on file with DTC and sets forth certain matters with re- spect to, among other things, notices, con- sents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the regis- tered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or pay- ment of principal of and interest on the certifi- cates. Any substitute depository shall be des- ignated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Ex- change Act of 1934, as amended. The substi- tute depository shall provide for (i) immobiliza- tion of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depos- itory or its nominee and (iii) payment of princi- pal of, premium, if any, and interest on the Bonds in accordance with and as such inter- ests may appear with respect to such book entries. The officers of the Issuer are authorized and directed to prepare and furnish to the pur- chaser, and to the attorneys approving the legality of Bonds, certified copies of proceed- ings, ordinances, resolutions and records and all certificates and affidavits and other instru- ments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and oth- er instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National Associ- ation is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall main- tain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as pro- vided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uni- form Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an as- signment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker Book 146 Regular Session March 21, 2016 72 or dealer, there must be disclosed on the Reg- istration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully regis- tered Bond, of any denomination or denomina- tions permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such trans- ferred fully registered Bond, and bearing inter- est at the same rate and maturing on the same date or dates shall be delivered by the Regis- trar. Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Regis- trar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolu- tion. Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and dis- charge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be de- stroyed and a certificate of the destruction thereof shall be furnished promptly to the Issu- er; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not pre- sented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Bonds shall forthwith cease, terminate and be completely dis- charged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such in- terest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surren- der any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of what- ever nature shall be made upon the Issuer. Registration and Transfer Fees. The Reg- istrar may furnish to each owner, at the Issu- er's expense, one bond for each annual ma- turity. The Registrar shall furnish additional Bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Regis- trar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilat- ed, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Regis- trar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond de- stroyed, stolen or lost, upon filing with the Reg- istrar evidence satisfactory to the Registrar and Issuer that such Bond has been de- stroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and comply- ing with such other reasonable regulations as the Issuer or its agent may prescribe and pay- ing such expenses as the Issuer may incur in connection therewith. Record Date. Payments of principal and in- terest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their desig- nated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such pay- ments shall fully discharge the obligations of the Issuer in respect of such Bonds to the ex- tent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolu- tion, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereun- der unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Is- suer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder Book 146 Regular Session, March 21, 2016 73 thereof is entitled to the benefits of this Reso- lution. No Bonds shall be authenticated and de- livered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Is- suer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Finance Director of the Issuer direct- ing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the pur- chase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, con- cerning the validity and legality of all the Bonds proposed to be issued. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Form of Bond. Bonds shall be printed sub- stantially in the form as [provided] Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional certificates, docu- ments, or other papers and perform all other acts, including without limitation the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Non-Arbitrage Covenants. The Issuer rea- sonably expects and covenants that no use will be made of the proceeds from the issu- ance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classi- fied as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Reve- nue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Is- suer, there are no facts or circumstances that would materially change the foregoing state- ments or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Approval of Tax Exemption Certificate. At- tached hereto is a form of Tax Exemption Cer- tificate stating the Issuer's reasonable expec- tations as to the use of the proceeds of the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemp- tion Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Finance Director is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and cove- nants of the Issuer at that date. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Con- tinuing Disclosure Certificate, and the provi- sions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Own- er" means any person which (a) has the pow- er, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other inter- mediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certi- fies and covenants with the purchasers and holders of the Bonds from time to time out- standing that the Issuer through its officers, (a) will make such further specific covenants, rep- resentations and assurances as may be nec- essary or advisable; (b) comply with all repre- sentations, covenants and assurances con- tained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial ad- visors, attorneys and other persons to assist the Issuer in such compliance. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax ex- Book 146 Regular Session March 21, 2016 74 emption with respect to the Bonds under appli- cable Federal law or regulations. Repeal of Conflicting Resolutions or Ordi- nances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Severability Clause. If any section, para- graph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Passed and approved this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 90-16 APPOINTING WELLS FARGO BANK, NA- TIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, $10,920,000 General Obligation Refunding Bonds, Series 2016B, dated April 4, 2016, have been sold and action should now be taken to provide for the maintenance of records, registration of certificates and pay- ment of principal and interest in connection with the issuance of the Bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regula- tions, and requirements governing the registra- tion, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: 1. That Wells Fargo Bank, National Asso- ciation of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $10,920,000 General Ob- ligation Refunding Bonds, Series 2016B, dated April 4, 2016. 2. That the Agreement with Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 91-16 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $10,920,000 GENERAL OB- LIGATION REFUNDING BONDS, SERIES 2016B, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMP- TION CERTIFICATE AND CONTINUING DISCLOSURE CERTIFICATE Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of settlement, adjustment, renewing, or extension of any part or all of the legal in- debtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, essential corporate purposes, and it is deemed neces- sary and advisable that General Obligation Refunding Bonds, to the amount of not to ex- ceed $15,555,000 be authorized for said pur- poses; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Io- wa, this Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the issuance of not to exceed $15,555,000 General Obligation Bonds, and the Council is therefore now authorized to pro- ceed with the issuance of $10,920,000 Gen- eral Obligation Refunding Bonds for such pur- poses; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said Bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Definitions. The following terms shall have the following meanings in this Resolution un- less the text expressly or by necessary impli- cation requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, when- ever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the rec- Book 146 Regular Session, March 21, 2016 75 ords of such Participant or such per- son's subrogee. • "Blanket Issuer Letter of Representa- tions" shall mean the Representation Letter from the Issuer to DTC, with re- spect to the Bonds. • "Bond Fund" shall mean the fund cre- ated in Section 3 of this Resolution. • "Bonds" shall mean $10,920,000 Gen- eral Obligation Refunding Bonds, Se- ries 2016B, authorized to be issued by this Resolution. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any succes- sor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclo- sure Certificate approved under the terms of this Resolution and to be exe- cuted by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accord- ance with the terms thereof. • "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, reg- istered in the Registration Books main- tained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. • "Participants" shall mean those broker- dealers, banks and other financial insti- tutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Is- suer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Project" shall mean the settlement, ad- justment, renewing, or extension of any part or all of the legal indebtedness of a city, whether evidenced by bonds, war- rants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance. • "Project Fund" shall mean the fund into which a portion of the proceeds that will be used, together with interest earnings thereon, to pay the principal, interest and redemption premium, if any, on the Refunded Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Refunded Bonds" shall mean $1,025,000 of the $2,110,000 Gen- eral Obligation Bonds, Series 2003, dated October 15, 2003. $990,000 of the $1,750,000 Gen- eral Obligation Bonds, Series 2005A, dated April 18, 2005. $3,050,000 of the $4,270,000 Gen- eral Obligation Urban Renewal Bonds, Series 2005B, dated April 18, 2005. $1,830,000 of the $2,900,000 Gen- eral Obligation Bonds, Series 2006A, dated May 2, 2006. $2,705,000 of the $3,885,000 Gen- eral Obligation Stormwater Bonds, Series 2008A, dated November 4, 2008. $1,790,000 of the $3,290,000 Gen- eral Obligation Urban Renewal Bonds, Series 2008B, dated No- vember 4, 2008. • "Registrar" shall mean Wells Fargo Bank, National Association of Minne- apolis, Minnesota, or such successor as may be approved by Issuer as pro- vided herein and who shall carry out the duties prescribed herein with re- spect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Resolution" shall mean this resolution authorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the Finance Director and delivered at the time of issuance and delivery of the Bonds. • "Treasurer" shall mean the Finance Di- rector or such other officer as shall succeed to the same duties and re- sponsibilities with respect to the record- ing and payment of the Bonds issued hereunder. Levy and Certification of Annual Tax; Other Funds to be Used. Levy of Annual Tax. That for the purpose of providing funds to pay the principal and in- terest of the Bonds hereinafter authorized to be issued, there is hereby levied for each fu- ture year the following direct annual tax on all Book 146 Regular Session March 21, 2016 76 of the taxable property in Dubuque, Iowa to- wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $1,597,600* 2016/2017 $1,601,400 2017/2018 $1,614,600 2018/2019 $1,608,200 2019/2020 $1,605,750 2020/2021 $1,012,100 2021/2022 $1,004,950 2022/2023 $592,200 2023/2024 $476,000 2024/2025 $267,800 2025/2026 $270,450 2026/2027 $267,800 2027/2028 *A levy has been included in the budget previously certified and will be used together with available City funds to pay the principal and interest of the Bond coming due in fiscal year 2017. (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2017 will be collected during the fiscal year commencing July 1, 2018.) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be col- lected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever. Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insuffi- cient to pay the same shall be promptly paid when due from current funds of the City avail- able for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION REFUNDING BOND FUND NO. 2" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be is- sued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally as- sessed by the State of Iowa. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Proceeds invested shall mature before the date on which the moneys are required for payment of principal and interest on the Refunded Bonds. Accrued interest, if any, shall be deposited in the Bond Fund. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2015, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2015, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent mar- ket value. All such interim investments shall mature before the date on which the moneys are required for payment of principal of or in- terest on the Bonds as herein provided. Bond Details, Execution and Redemption. Bond Details. General Obligation Refund- ing Bonds of the City in the amount of $10,920,000, shall be issued pursuant to the provisions of Section 384.25 of the Code of Iowa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION REFUNDING BOND, SERIES 2016B", be dated April 4, 2016, and bear interest from the date thereof, until payment thereof, at the of- fice of the Paying Agent, said interest payable on June 1, 2016, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter pro- vided. The Bonds shall be executed by the man- ual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premi- um, if any, shall be payable at the office of the Paying Agent by mailing of a check to the reg- istered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear in- terest as follows: Book 146 Regular Session, March 21, 2016 77 Principal Interest Maturity Amount Rate June 1st $450,000 2.00% 2016 $1,310,000 2.00% 2017 $1,340,000 2.00% 2018 $1,380,000 3.00% 2019 $1,415,000 3.00% 2020 $1,455,000 3.00% 2021 $905,000 3.00% 2022 $925,000 3.00% 2023 $540,000 3.00% 2024 $440,000 3.00% 2025 $245,000 3.00% 2026 $255,000 3.00% 2027 $260,000 3.00% 2028 Redemption. Optional Redemption. Bonds maturing af- ter June 1, 2024, may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any reg- istered owner of the Bonds or any defect therein shall not affect the validity of any pro- ceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemp- tion will cease to bear interest after the speci- fied redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed com- pleted upon transmission to the owner of rec- ord. If selection by lot within a maturity is re- quired, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for re- demption, the Issuer will notify DTC of the par- ticular amount of such maturity to be re- deemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be re- deemed. All prepayments shall be at a price of par plus accrued interest. Issuance of Bonds in Book-Entry Form; Replacement Bonds. Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be reg- istered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. The Bonds will be initially issued in the form of separate single authenticated fully reg- istered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the Wells Fargo Bank, National Association kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Reg- istrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the pur- poses of payment of the principal or redemp- tion price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to registered owners of Bonds under the Resolu- tion of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records main- tained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any no- tice given to owners of Bonds under the Reso- lution; with respect to the Participant(s) select- ed to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenti- cated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Pay- ing Agent and Registrar of written notice that DTC has determined to substitute a new nom- inee in place of Cede & Co., the Bonds will be Book 146 Regular Session March 21, 2016 78 transferable to the new nominee in accordance with this Section. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will noti- fy the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Pay- ing Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in ac- cordance with this Section. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as pro- vided in the Representation letter. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Regis- trar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the con- sent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent pos- sible. Notice to DTC must be given only when DTC is the sole Bondholder. The Representation Letter is on file with DTC and sets forth certain matters with re- spect to, among other things, notices, con- sents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the regis- tered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or pay- ment of principal of and interest on the certifi- cates. Any substitute depository shall be des- ignated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Ex- change Act of 1934, as amended. The substi- tute depository shall provide for (i) immobiliza- tion of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depos- itory or its nominee and (iii) payment of princi- pal of, premium, if any, and interest on the Bonds in accordance with and as such inter- ests may appear with respect to such book entries. The officers of the Issuer are authorized and directed to prepare and furnish to the pur- chaser, and to the attorneys approving the legality of Bonds, certified copies of proceed- ings, ordinances, resolutions and records and all certificates and affidavits and other instru- ments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and oth- er instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no other way. Wells Fargo Bank, National Associ- ation is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall main- tain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as pro- vided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uni- form Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an as- signment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Reg- istration Books the information pertaining to the registered owner required above. Upon the Book 146 Regular Session, March 21, 2016 79 transfer of any such Bond, a new fully regis- tered Bond, of any denomination or denomina- tions permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such trans- ferred fully registered Bond, and bearing inter- est at the same rate and maturing on the same date or dates shall be delivered by the Regis- trar. Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Regis- trar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolu- tion. Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and dis- charge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be de- stroyed and a certificate of the destruction thereof shall be furnished promptly to the Issu- er; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not pre- sented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Bonds shall forthwith cease, terminate and be completely dis- charged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such in- terest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surren- der any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of what- ever nature shall be made upon the Issuer. Registration and Transfer Fees. The Reg- istrar may furnish to each owner, at the Issu- er's expense, one bond for each annual ma- turity. The Registrar shall furnish additional Bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Regis- trar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilat- ed, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Regis- trar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond de- stroyed, stolen or lost, upon filing with the Reg- istrar evidence satisfactory to the Registrar and Issuer that such Bond has been de- stroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and comply- ing with such other reasonable regulations as the Issuer or its agent may prescribe and pay- ing such expenses as the Issuer may incur in connection therewith. Record Date. Payments of principal and in- terest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their desig- nated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such pay- ments shall fully discharge the obligations of the Issuer in respect of such Bonds to the ex- tent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolu- tion, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereun- der unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Is- suer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. Book 146 Regular Session March 21, 2016 80 No Bonds shall be authenticated and de- livered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Is- suer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Finance Director of the Issuer direct- ing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the pur- chase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, con- cerning the validity and legality of all the Bonds proposed to be issued. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Form of Bond. Bonds shall be printed sub- stantially in the form as [provided]. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional certificates, docu- ments, or other papers and perform all other acts, including without limitation the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Non-Arbitrage Covenants. The Issuer rea- sonably expects and covenants that no use will be made of the proceeds from the issu- ance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classi- fied as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Reve- nue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Is- suer, there are no facts or circumstances that would materially change the foregoing state- ments or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Approval of Tax Exemption Certificate. At- tached hereto is a form of Tax Exemption Cer- tificate stating the Issuer's reasonable expec- tations as to the use of the proceeds of the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemp- tion Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Finance Director is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and cove- nants of the Issuer at that date. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Con- tinuing Disclosure Certificate, and the provi- sions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Own- er" means any person which (a) has the pow- er, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other inter- mediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certi- fies and covenants with the purchasers and holders of the Bonds from time to time out- standing that the Issuer through its officers, (a) will make such further specific covenants, rep- resentations and assurances as may be nec- essary or advisable; (b) comply with all repre- sentations, covenants and assurances con- tained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial ad- visors, attorneys and other persons to assist the Issuer in such compliance. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax ex- emption with respect to the Bonds under appli- cable Federal law or regulations. Book 146 Regular Session, March 21, 2016 81 Repeal of Conflicting Resolutions or Ordi- nances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Severability Clause. If any section, para- graph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Passed and approved this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 92-16 APPOINTING WELLS FARGO BANK, NA- TIONAL ASSOCIATION OF MINNEAPOLIS, MINNESOTA, TO SERVE AS PAYING AGENT, BOND REGISTRAR, AND TRANS- FER AGENT, APPROVING THE PAYING AGENT AND BOND REGISTRAR AND TRANSFER AGENT AGREEMENT AND AU- THORIZING THE EXECUTION OF THE AGREEMENT Whereas, $4,145,000 General Obligation Bonds, Series 2016C, dated April 4, 2016, have been sold and action should now be tak- en to provide for the maintenance of records, registration of certificates and payment of prin- cipal and interest in connection with the issu- ance of the Bonds; and Whereas, this Council has deemed that the services offered by Wells Fargo Bank, National Association of Minneapolis, Minnesota, are necessary for compliance with rules, regula- tions, and requirements governing the registra- tion, transfer and payment of registered bonds; and Whereas, a Paying Agent, Bond Registrar and Transfer Agent Agreement (hereafter "Agreement") has been prepared to be entered into between the City and Wells Fargo Bank, National Association. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: 1. That Wells Fargo Bank, National Asso- ciation of Minneapolis, Minnesota, is hereby appointed to serve as Paying Agent, Bond Registrar and Transfer Agent in connection with the issuance of $4,145,000 General Obli- gation Bonds, Series 2016C, dated April 4, 2016. 2. That the Agreement with Wells Fargo Bank, National Association of Minneapolis, Minnesota, is hereby approved and that the Mayor and Clerk are authorized to sign the Agreement on behalf of the City. Passed and approved this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 93-16 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF $4,145,000 GENERAL OBLI- GATION BONDS, SERIES 2016C, AND LEVYING A TAX TO PAY SAID BONDS; APPROVAL OF THE TAX EXEMPTION CERTIFICATE AND CONTINUING DISCLO- SURE CERTIFICATE Whereas, the Issuer is duly incorporated, organized and exists under and by virtue of the laws and Constitution of the State of Iowa; and Whereas, the Issuer is in need of funds to pay costs of: a) the opening, widening, extending, grading, and draining of the right-of- way of streets, highways, avenues, alleys and public grounds; b) the acquisition, construction, recon- struction, extension, improvement, and equipping of works and facili- ties useful for the collection, treat- ment, and disposal of sewage and industrial waste in a sanitary man- ner and for the collection and dis- posal of surface waters and streams; c) the reconstruction, extension and improvement of an airport owned or operated by the city; d) the acquisition, construction, recon- struction, improvement, repair, and equipping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a city, essential corporate pur- poses, and it is deemed necessary and advisable that General Obliga- tion Bonds, to the amount of not to exceed $15,555,000 be authorized for said purposes; and Whereas, pursuant to notice published as required by Section 384.25 of the Code of Io- wa, this Council has held a public meeting and hearing upon the proposal to institute proceed- ings for the issuance of the Bonds, and the Council is therefore now authorized to proceed with the issuance of said Bonds for such pur- poses; and Whereas, the City is in need of funds to pay costs of improvement and equipping of the Federal Building and Ham House, general corporate purposes, and it is deemed neces- sary and advisable that General Obligation Bonds, to the amount of not to exceed $505,000 be authorized for said purposes; and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not ex- ceed $700,000; and Whereas, pursuant to notice published as required by Section 384.26 of the Code of Io- wa, the Council of the City has held public Book 146 Regular Session March 21, 2016 82 meeting and hearing upon the proposal to in- stitute proceedings for the issuance of Bonds for general corporate purposes in the amounts as above set forth, and, no petition for referen- dum having been received, the Council is therefore now authorized to proceed with the issuance of said Bonds for such purposes; and Whereas, pursuant to Section 384.28 of the Code of Iowa, it is hereby found and de- termined that the various general obligation Bonds authorized as hereinabove described shall be combined for the purpose of issuance in a single issue of $4,145,000 General Obli- gation Bonds as hereinafter set forth; and Whereas, pursuant to the provisions of Chapter 75 of the Code of Iowa, the above mentioned Bonds were heretofore sold at pub- lic sale and action should now be taken to is- sue said Bonds conforming to the terms and conditions of the best bid received at the ad- vertised public sale. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Definitions. The following terms shall have the following meanings in this Resolution un- less the text expressly or by necessary impli- cation requires otherwise: • "Authorized Denominations" shall mean $5,000 or any integral multiple thereof. • "Beneficial Owner" shall mean, when- ever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the rec- ords of such Participant or such per- son's subrogee. • "Blanket Issuer Letter of Representa- tions" shall mean the Representation Letter from the Issuer to DTC, with re- spect to the Bonds. • "Bond Fund" shall mean the fund cre- ated in Section 3 of this Resolution. • "Bonds" shall mean $4,145,000 Gen- eral Obligation Bonds, Series 2016C, authorized to be issued by this Resolu- tion. • "Cede & Co." shall mean Cede & Co., the nominee of DTC, and any succes- sor nominee of DTC with respect to the Bonds. • "Continuing Disclosure Certificate" shall mean that certain Continuing Disclo- sure Certificate approved under the terms of this Resolution and to be exe- cuted by the Issuer and dated the date of issuance and delivery of the Bonds, as originally executed and as it may be amended from time to time in accord- ance with the terms thereof. • "Depository Bonds" shall mean the Bonds as issued in the form of one global certificate for each maturity, reg- istered in the Registration Books main- tained by the Registrar in the name of DTC or its nominee. • "DTC" shall mean The Depository Trust Company, New York, New York, which will act as security depository for the Bond pursuant to the Representation Letter. • "Issuer" and "City" shall mean the City of Dubuque, State of Iowa. • "Participants" shall mean those broker- dealers, banks and other financial insti- tutions for which DTC holds Bonds as securities depository. • "Paying Agent" shall mean Wells Fargo Bank, National Association, or such successor as may be approved by Is- suer as provided herein and who shall carry out the duties prescribed herein as Issuer's agent to provide for the payment of principal of and interest on the Bonds as the same shall become due. • "Project" shall mean: a) the opening, widening, extending, grading, and draining of the right-of- way of streets, highways, avenues, alleys and public grounds; b) the acquisition, construction, recon- struction, extension, improvement, and equipping of works and facili- ties useful for the collection, treat- ment, and disposal of sewage and industrial waste in a sanitary man- ner and for the collection and dis- posal of surface waters and streams; c) the reconstruction, extension and improvement of an airport owned or operated by the city; d) the acquisition, construction, recon- struction, improvement, repair, and equipping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a city; and e) improvement and equipping of the Federal Building and Ham House. • "Project Fund" shall mean the fund re- quired to be established by this Resolu- tion for the deposit of the proceeds of the Bonds. • "Rebate Fund" shall mean the fund so defined in and established pursuant to the Tax Exemption Certificate. • "Registrar" shall mean Wells Fargo Bank, National Association of Minne- apolis, Minnesota, or such successor as may be approved by Issuer as pro- vided herein and who shall carry out Book 146 Regular Session, March 21, 2016 83 the duties prescribed herein with re- spect to maintaining a register of the owners of the Bonds. Unless otherwise specified, the Registrar shall also act as Transfer Agent for the Bonds. • "Resolution" shall mean this resolution authorizing the Bonds. • "Tax Exemption Certificate" shall mean the Tax Exemption Certificate approved under the terms of this Resolution and to be executed by the Finance Director and delivered at the time of issuance and delivery of the Bonds. • "Treasurer" shall mean the Finance Di- rector or such other officer as shall succeed to the same duties and re- sponsibilities with respect to the record- ing and payment of the Bonds issued hereunder. Levy and Certification of Annual Tax; Other Funds to be Used. Levy of Annual Tax. That for the purpose of providing funds to pay the principal and in- terest of the Bonds hereinafter authorized to be issued, there is hereby levied for each fu- ture year the following direct annual tax on all of the taxable property in Dubuque, Iowa to- wit: AMOUNT FISCAL YEAR (JULY 1 TO JUNE 30) YEAR OF COLLECTION $283,030 2016/2017 $288,012 2017/2018 $289,313 2018/2019 $285,512 2019/2020 $281,713 2020/2021 $282,912 2021/2022 $284,013 2022/2023 $285,012 2023/2024 $280,913 2024/2025 $286,812 2025/2026 $286,976 2026/2027 $285,375 2027/2028 $283,626 2028/2029 $286,725 2029/2030 $284,526 2030/2031 $282,175 2031/2032 $284,676 2032/2033 $281,875 2033/2034 $283,594 2034/2035 (NOTE: For example the levy to be made and certified against the taxable valuations of January 1, 2017 will be collected during the fiscal year commencing July 1, 2018.) Resolution to be Filed With County Auditor. A certified copy of this Resolution shall be filed with the Auditor of Dubuque County, Iowa and the Auditor is hereby instructed in and for each of the years as provided, to levy and assess the tax hereby authorized in Section 2 of this Resolution, in like manner as other taxes are levied and assessed, and such taxes so levied in and for each of the years aforesaid be col- lected in like manner as other taxes of the City are collected, and when collected be used for the purpose of paying principal and interest on said Bonds issued in anticipation of the tax, and for no other purpose whatsoever. Additional City Funds Available. Principal and interest coming due at any time when the proceeds of said tax on hand shall be insuffi- cient to pay the same shall be promptly paid when due from current funds of the City avail- able for that purpose and reimbursement shall be made from such special fund in the amounts thus advanced. Bond Fund. Said tax shall be assessed and collected each year at the same time and in the same manner as, and in addition to, all other taxes in and for the City, and when col- lected they shall be converted into a special fund within the Debt Service Fund to be known as the "GENERAL OBLIGATION BOND FUND NO. 3" (the "Bond Fund"), which is hereby pledged for and shall be used only for the payment of the principal of and interest on the Bonds hereinafter authorized to be issued; and also there shall be apportioned to said fund its proportion of taxes received by the City from property that is centrally assessed by the State of Iowa. Application of Bond Proceeds. Proceeds of the Bonds, other than accrued interest except as may be provided below, shall be credited to the Project Fund and expended therefrom for the purposes of issuance. Any amounts on hand in the Project Fund shall be available for the payment of the principal of or interest on the Bonds at any time that other funds shall be insufficient to the purpose, in which event such funds shall be repaid to the Project Fund at the earliest opportunity. Any balance on hand in the Project Fund and not immediately required for its purposes may be invested not incon- sistent with limitations provided by law or this Resolution. Investment of Bond Fund Proceeds. All moneys held in the Bond Fund, provided for by Section 3 of this Resolution shall be invested in investments permitted by Chapter 12B, Code of Iowa, 2015, as amended, or deposited in financial institutions which are members of the Federal Deposit Insurance Corporation and the deposits in which are insured thereby and all such deposits exceeding the maximum amount insured from time to time by FDIC or its equivalent successor in any one financial institution shall be continuously secured in compliance with Chapter 12C of the Code of Iowa, 2015, as amended, or otherwise by a valid pledge of direct obligations of the United States Government having an equivalent mar- ket value. All such interim investments shall mature before the date on which the moneys Book 146 Regular Session March 21, 2016 84 are required for payment of principal of or in- terest on the Bonds as herein provided. Bond Details, Execution and Redemption. Bond Details. General Obligation Bonds of the City in the amount of $4,145,000, shall be issued pursuant to the provisions of Sections 384.25, 384.26 and 384.28 of the Code of Io- wa for the aforesaid purposes. The Bonds shall be designated "GENERAL OBLIGATION BOND, SERIES 2016C", be dated April 4, 2016, and bear interest from the date thereof, until payment thereof, at the office of the Pay- ing Agent, said interest payable on December 1, 2016, and semiannually thereafter on the 1st day of June and December in each year until maturity at the rates hereinafter provided. The Bonds shall be executed by the man- ual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the Clerk, and impressed or printed with the seal of the City and shall be fully registered as to both principal and interest as provided in this Resolution; principal, interest and premi- um, if any, shall be payable at the office of the Paying Agent by mailing of a check to the reg- istered owner of the Bond. The Bonds shall be in the denomination of $5,000 or multiples thereof. The Bonds shall mature and bear in- terest as follows: Principal Interest Maturity Amount Rate June 1st $160,000 2.00% 2017 $185,000 2.00% 2018 $190,000 2.00% 2019 $190,000 2.00% 2020 $190,000 2.00% 2021 $195,000 2.00% 2022 $200,000 2.00% 2023 $205,000 2.00% 2024 $205,000 2.00% 2025 $215,000 2.25% 2026 $220,000 3.00% 2027 $225,000 3.00% 2028 $230,000 3.00% 2029 $240,000 3.00% 2030 $245,000 3.00% 2031 $250,000 3.00% 2032 $260,000 3.00% 2033 $265,000 3.13% 2034 $275,000 3.13% 2035 Redemption. Optional Redemption. Bonds maturing af- ter June 1, 2024, may be called for optional redemption by the Issuer on that date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, in any order of maturity and within an annual maturity by lot. The terms of redemption shall be par, plus accrued interest to date of call. Thirty days' written notice of redemption shall be given to the registered owner of the Bond. Failure to give written notice to any reg- istered owner of the Bonds or any defect therein shall not affect the validity of any pro- ceedings for the redemption of the Bonds. All Bonds or portions thereof called for redemp- tion will cease to bear interest after the speci- fied redemption date, provided funds for their redemption are on deposit at the place of payment. Written notice will be deemed com- pleted upon transmission to the owner of rec- ord. If selection by lot within a maturity is re- quired, the Registrar shall designate the Bonds to be redeemed by random selection of the names of the registered owners of the entire annual maturity until the total amount of Bonds to be called has been reached. If less than all of a maturity is called for re- demption, the Issuer will notify DTC of the par- ticular amount of such maturity to be re- deemed prior to maturity. DTC will determine by lot the amount of each Participant's interest in such maturity to be redeemed and each Participant will then select by lot the beneficial ownership interests in such maturity to be re- deemed. All prepayments shall be at a price of par plus accrued interest. Issuance of Bonds in Book-Entry Form; Replacement Bonds. Notwithstanding the other provisions of this Resolution regarding registration, ownership, transfer, payment and exchange of the Bonds, unless the Issuer determines to permit the exchange of Depository Bonds for Bonds in Authorized Denominations, the Bonds shall be issued as Depository Bonds in denominations of the entire principal amount of each maturity of Bonds (or, if a portion of said principal amount is prepaid, said principal amount less the prepaid amount). The Bonds must be reg- istered in the name of Cede & Co., as nominee for DTC. Payment of semiannual interest for any Bonds registered in the name of Cede & Co. will be made by wire transfer or New York Clearing House or equivalent next day funds to the account of Cede & Co. on the interest payment date for the Bonds at the address indicated or in the Representation Letter. The Bonds will be initially issued in the form of separate single authenticated fully reg- istered bonds in the amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of the Bonds will be registered in the registry books of the Wells Fargo Bank, National Association kept by the Paying Agent and Registrar in the name of Cede & Co., as nominee of DTC. The Paying Agent and Reg- istrar and the Issuer may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the pur- poses of payment of the principal or redemp- tion price of or interest on the Bonds, selecting the Bonds or portions to be redeemed, giving any notice permitted or required to be given to Book 146 Regular Session, March 21, 2016 85 registered owners of Bonds under the Resolu- tion of the Issuer, registering the transfer of Bonds, obtaining any consent or other action to be taken by registered owners of the Bonds and for other purposes. The Paying Agent, Registrar and the Issuer have no responsibility or obligation to any Participant or Beneficial Owner of the Bonds under or through DTC with respect to the accuracy of records main- tained by DTC or any Participant; with respect to the payment by DTC or Participant of an amount of principal or redemption price of or interest on the Bonds; with respect to any no- tice given to owners of Bonds under the Reso- lution; with respect to the Participant(s) select- ed to receive payment in the event of a partial redemption of the Bonds, or a consent given or other action taken by DTC as registered owner of the Bonds. The Paying Agent and Registrar shall pay all principal of and premium, if any, and interest on the Bonds only to Cede & Co. in accordance with the Representation Letter, and all payments are valid and effective to fully satisfy and discharge the Issuer's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum paid. DTC must receive an authenti- cated Bond for each separate stated maturity evidencing the obligation of the Issuer to make payments of principal of and premium, if any, and interest. Upon delivery by DTC to the Pay- ing Agent and Registrar of written notice that DTC has determined to substitute a new nom- inee in place of Cede & Co., the Bonds will be transferable to the new nominee in accordance with this Section. In the event the Issuer determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds certificates, the Issuer may notify DTC and the Paying Agent and Registrar, whereupon DTC will noti- fy the Participants, of the availability through DTC of Bonds certificates. The Bonds will be transferable in accordance with this Section. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the Issuer and the Pay- ing Agent and Registrar and discharging its responsibilities under applicable law. In this event, the Bonds will be transferable in ac- cordance with this Section. Notwithstanding any other provision of the Resolution to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to the principal of and premium, if any, and interest on the Bond and all notices must be made and given, respectively to DTC as pro- vided in the Representation letter. In connection with any notice or other communication to be provided to Bondholders by the Issuer or the Paying Agent and Regis- trar with respect to a consent or other action to be taken by Bondholders, the Issuer or the Paying Agent and Registrar, as the case may be, shall establish a record date for the con- sent or other action and give DTC notice of the record date not less than 15 calendar days in advance of the record date to the extent pos- sible. Notice to DTC must be given only when DTC is the sole Bondholder. The Representation Letter is on file with DTC and sets forth certain matters with re- spect to, among other things, notices, con- sents and approvals by Bondholders and payments on the Bonds. The execution and delivery of the Representation Letter to DTC by the Issuer is ratified and confirmed. In the event that a transfer or exchange of the Bonds is permitted under this Section, the transfer or exchange may be accomplished upon receipt by the Registrar from the regis- tered owners of the Bonds to be transferred or exchanged and appropriate instruments of transfer. In the event Bond certificates are issued to holders other than Cede & Co., its successor as nominee for DTC as holder of all the Bonds, or other securities depository as holder of all the Bonds, the provisions of the Resolution apply to, among other things, the printing of certificates and the method or pay- ment of principal of and interest on the certifi- cates. Any substitute depository shall be des- ignated in writing by the Issuer to the Paying Agent. Any such substitute depository shall be a qualified and registered "clearing agency" as provided in Section 17A of the Securities Ex- change Act of 1934, as amended. The substi- tute depository shall provide for (i) immobiliza- tion of the Depository Bonds, (ii) registration and transfer of interests in Depository Bonds by book entries made on records of the depos- itory or its nominee and (iii) payment of princi- pal of, premium, if any, and interest on the Bonds in accordance with and as such inter- ests may appear with respect to such book entries. The officers of the Issuer are authorized and directed to prepare and furnish to the pur- chaser, and to the attorneys approving the legality of Bonds, certified copies of proceed- ings, ordinances, resolutions and records and all certificates and affidavits and other instru- ments as may be required to evidence the legality and marketability of the Bonds, and all certified copies, certificates, affidavits and oth- er instruments constitute representations of the Issuer as to the correctness of all stated or recited facts. Registration of Bonds; Appointment of Registrar; Transfer; Ownership; Delivery; and Cancellation. Registration. The ownership of Bonds may be transferred only by the making of an entry upon the books kept for the registration and transfer of ownership of the Bonds, and in no Book 146 Regular Session March 21, 2016 86 other way. Wells Fargo Bank, National Associ- ation is hereby appointed as Bond Registrar under the terms of this Resolution and under the provisions of a separate agreement with the Issuer filed herewith which is made a part hereof by this reference. Registrar shall main- tain the books of the Issuer for the registration of ownership of the Bonds for the payment of principal of and interest on the Bonds as pro- vided in this Resolution. All Bonds shall be negotiable as provided in Article 8 of the Uni- form Commercial Code and Section 384.31 of the Code of Iowa, subject to the provisions for registration and transfer contained in the Bonds and in this Resolution. Transfer. The ownership of any Bond may be transferred only upon the Registration Books kept for the registration and transfer of Bonds and only upon surrender thereof at the office of the Registrar together with an as- signment duly executed by the holder or his duly authorized attorney in fact in such form as shall be satisfactory to the Registrar, along with the address and social security number or federal employer identification number of such transferee (or, if registration is to be made in the name of multiple individuals, of all such transferees). In the event that the address of the registered owner of a Bond (other than a registered owner which is the nominee of the broker or dealer in question) is that of a broker or dealer, there must be disclosed on the Reg- istration Books the information pertaining to the registered owner required above. Upon the transfer of any such Bond, a new fully regis- tered Bond, of any denomination or denomina- tions permitted by this Resolution in aggregate principal amount equal to the unmatured and unredeemed principal amount of such trans- ferred fully registered Bond, and bearing inter- est at the same rate and maturing on the same date or dates shall be delivered by the Regis- trar. Registration of Transferred Bonds. In all cases of the transfer of the Bonds, the Regis- trar shall register, at the earliest practicable time, on the Registration Books, the Bonds, in accordance with the provisions of this Resolu- tion. Ownership. As to any Bond, the person in whose name the ownership of the same shall be registered on the Registration Books of the Registrar shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Bonds and the premium, if any, and interest thereon shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and dis- charge the liability upon such Bond, including the interest thereon, to the extent of the sum or sums so paid. Cancellation. All Bonds which have been redeemed shall not be reissued but shall be cancelled by the Registrar. All Bonds which are cancelled by the Registrar shall be de- stroyed and a certificate of the destruction thereof shall be furnished promptly to the Issu- er; provided that if the Issuer shall so direct, the Registrar shall forward the cancelled Bonds to the Issuer. Non-Presentment of Bonds. In the event any payment check representing payment of principal of or interest on the Bonds is returned to the Paying Agent or if any bond is not pre- sented for payment of principal at the maturity or redemption date, if funds sufficient to pay such principal of or interest on Bonds shall have been made available to the Paying Agent for the benefit of the owner thereof, all liability of the Issuer to the owner thereof for such in- terest or payment of such Bonds shall forthwith cease, terminate and be completely dis- charged, and thereupon it shall be the duty of the Paying Agent to hold such funds, without liability for interest thereon, for the benefit of the owner of such Bonds who shall thereafter be restricted exclusively to such funds for any claim of whatever nature on his part under this Resolution or on, or with respect to, such in- terest or Bonds. The Paying Agent's obligation to hold such funds shall continue for a period equal to two years and six months following the date on which such interest or principal became due, whether at maturity, or at the date fixed for redemption thereof, or otherwise, at which time the Paying Agent, shall surren- der any remaining funds so held to the Issuer, whereupon any claim under this Resolution by the Owners of such interest or Bonds of what- ever nature shall be made upon the Issuer. Registration and Transfer Fees. The Reg- istrar may furnish to each owner, at the Issu- er's expense, one bond for each annual ma- turity. The Registrar shall furnish additional Bonds in lesser denominations (but not less than the minimum denomination) to an owner who so requests. Reissuance of Mutilated, Destroyed, Stolen or Lost Bonds. In case any outstanding Bond shall become mutilated or be destroyed, stolen or lost, the Issuer shall at the request of Regis- trar authenticate and deliver a new Bond of like tenor and amount as the Bond so mutilat- ed, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond to Regis- trar, upon surrender of such mutilated Bond, or in lieu of and substitution for the Bond de- stroyed, stolen or lost, upon filing with the Reg- istrar evidence satisfactory to the Registrar and Issuer that such Bond has been de- stroyed, stolen or lost and proof of ownership thereof, and upon furnishing the Registrar and Issuer with satisfactory indemnity and comply- ing with such other reasonable regulations as Book 146 Regular Session, March 21, 2016 87 the Issuer or its agent may prescribe and pay- ing such expenses as the Issuer may incur in connection therewith. Record Date. Payments of principal and in- terest, otherwise than upon full redemption, made in respect of any Bond, shall be made to the registered holder thereof or to their desig- nated agent as the same appear on the books of the Registrar on the 15th day of the month preceding the payment date. All such pay- ments shall fully discharge the obligations of the Issuer in respect of such Bonds to the ex- tent of the payments so made. Payment of principal shall only be made upon surrender of the Bond to the Paying Agent. Execution, Authentication and Delivery of the Bonds. Upon the adoption of this Resolu- tion, the Mayor and Clerk shall execute and deliver the Bonds to the Registrar, who shall authenticate the Bonds and deliver the same to or upon order of the Purchaser. No Bond shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereun- der unless the Registrar shall duly endorse and execute on such Bond a Certificate of Authentication substantially in the form of the Certificate herein set forth. Such Certificate upon any Bond executed on behalf of the Is- suer shall be conclusive evidence that the Bond so authenticated has been duly issued under this Resolution and that the holder thereof is entitled to the benefits of this Reso- lution. No Bonds shall be authenticated and delivered by the Registrar unless and until there shall have been provided the following: 1. A certified copy of the Resolution of Is- suer authorizing the issuance of the Bonds; 2. A written order of Issuer signed by the Finance Director of the Issuer direct- ing the authentication and delivery of the Bonds to or upon the order of the Purchaser upon payment of the pur- chase price as set forth therein; 3. The approving opinion of Ahlers & Cooney, P.C., Bond Counsel, con- cerning the validity and legality of all the Bonds proposed to be issued. Right to Name Substitute Paying Agent or Registrar. Issuer reserves the right to name a substitute, successor Registrar or Paying Agent upon giving prompt written notice to each registered bondholder. Form of Bond. Bonds shall be printed sub- stantially in the form as [provided]. Closing Documents. The Mayor and City Clerk are authorized and directed to execute, attest, seal and deliver for and on behalf of the City any other additional certificates, docu- ments, or other papers and perform all other acts, including without limitation the execution of all closing documents, as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Contract Between Issuer and Purchaser. This Resolution constitutes a contract between said City and the purchaser of the Bonds. Non-Arbitrage Covenants. The Issuer rea- sonably expects and covenants that no use will be made of the proceeds from the issu- ance and sale of the Bonds issued hereunder which will cause any of the Bonds to be classi- fied as arbitrage bonds within the meaning of Sections 148(a) and (b) of the Internal Reve- nue Code of the United States, as amended, and that throughout the term of the Bonds it will comply with the requirements of statutes and regulations issued thereunder. To the best knowledge and belief of the Is- suer, there are no facts or circumstances that would materially change the foregoing state- ments or the conclusion that it is not expected that the proceeds of the Bonds will be used in a manner that would cause the Bonds to be arbitrage bonds. Approval of Tax Exemption Certificate. At- tached hereto is a form of Tax Exemption Cer- tificate stating the Issuer's reasonable expec- tations as to the use of the proceeds of the Bonds. The form of Tax Exemption Certificate is approved. The Issuer hereby agrees to comply with the provisions of the Tax Exemp- tion Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Resolution. The Finance Director is hereby directed to make and insert all calculations and determinations necessary to complete the Tax Exemption Certificate at issuance of the Bonds to certify as to the reasonable expectations and cove- nants of the Issuer at that date. Continuing Disclosure. The Issuer hereby covenants and agrees that it will comply with and carry out all of the provisions of the Con- tinuing Disclosure Certificate, and the provi- sions of the Continuing Disclosure Certificate are hereby incorporated by reference as part of this Resolution and made a part hereof. Notwithstanding any other provision of this Resolution, failure of the Issuer to comply with the Continuing Disclosure Certificate shall not be considered an event of default under this Resolution; however, any holder of the Bonds or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the Issuer to comply with its obligations under the Continuing Disclosure Certificate. For purposes of this section, "Beneficial Own- er" means any person which (a) has the pow- er, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bond (including persons holding Bonds through nominees, depositories or other inter- Book 146 Regular Session March 21, 2016 88 mediaries), or (b) is treated as the owner of any Bonds for federal income tax purposes. Additional Covenants, Representations and Warranties of the Issuer. The Issuer certi- fies and covenants with the purchasers and holders of the Bonds from time to time out- standing that the Issuer through its officers, (a) will make such further specific covenants, rep- resentations and assurances as may be nec- essary or advisable; (b) comply with all repre- sentations, covenants and assurances con- tained in the Tax Exemption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the Issuer and the owners of the Bonds;(c) consult with Bond Counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Bonds;(e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial ad- visors, attorneys and other persons to assist the Issuer in such compliance. Amendment of Resolution to Maintain Tax Exemption. This Resolution may be amended without the consent of any owner of the Bonds if, in the opinion of Bond Counsel, such amendment is necessary to maintain tax ex- emption with respect to the Bonds under appli- cable Federal law or regulations. Repeal of Conflicting Resolutions or Ordi- nances. All ordinances and resolutions and parts of ordinances and resolutions in conflict herewith are hereby repealed. Severability Clause. If any section, para- graph, clause or provision of this Resolution be held invalid, such invalidity shall not affect any of the remaining provisions hereof, and this Resolution shall become effective immediately upon its passage and approval. Passed and approved this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 9. U.S. EPA Consent Decree Semiannual Report: City Manager recommending approval and authorization for the City Manager to certi- fy and submit the City of Dubuque’s March 31 Semi Annual Report to the US Department of Justice, US Environmental Protection Agency and the Iowa Department of Natural Re- sources. Upon motion the documents were received, filed and approved. 10. Stipulation of Settlement – Adams Company Property Tax Appeal: City Attorney recommending approval of the Stipulation of Settlement for a property tax appeal filed by the Adams Company for property located at 8040 Chavenelle Road. Upon motion the doc- uments were received, filed and approved. 11. Holy Family Catholic Schools Indemni- fication Agreement: City Manager recommend- ing approval of an agreement between Holy Family Catholic Schools and the City of Dubu- que for the purpose of stream cleanup and testing activities at the Bee Branch Creek. Upon motion the documents were received, filed and approved. 12. Application for Summer USDN Fellow: City Manager recommending approval of an application for a summer Fellow to be placed with the Human Rights Department to support My Brother's Keeper Network. Upon motion the documents were received, filed and ap- proved. 13. Rousselot Dubuque, Inc. Contract Amendment: City Manager recommending approval of an Amended Enterprise Zone Con- tract between Rousselot Dubuque, Inc., the Iowa Economic Development Authority and the City of Dubuque, which extends Rousselot’s job creation requirements to December 31, 2016. Upon motion the documents were re- ceived and filed and Resolution No. 94-16 Approving an Amendment to the Economic Development Assistance Contract by and among Rousselot Dubuque, Inc., the City of Dubuque, and the Iowa Economic Develop- ment Authority was adopted. RESOLUTION NO. 94-16 APPROVING AN AMENDMENT TO THE ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT BY AND AMONG ROUSSELOT DUBUQUE, INC., THE CITY OF DUBUQUE, AND THE IOWA ECONOMIC DEVELOP- MENT AUTHORITY Whereas, the City of Dubuque entered into a Development Agreement with Rousselot Dubuque, Inc. in order to provide incentives for its planned $16.3 million expansion at 2350 Kerper Boulevard; and Whereas, in connection with the expan- sion, the Iowa Economic Development Authori- ty (IEDA) approved Economic Development Assistance Contract 13-TC-006 (the Contract) between and among Rousselot, Dubuque Inc., the City of Dubuque and the IEDA; and Whereas, Contract Amendment One to the Contract, a copy of which is attached hereto, was approved by the IEDA on February 19, 2016, reflecting a revision of the Project Com- pletion Date from August 31, 2015 to Decem- ber 31, 2016; and Whereas, the City of Dubuque is required to consent to any amendment to the Contract; and Book 146 Regular Session, March 21, 2016 89 Whereas, the City Council finds that con- sent to the amendment is in the best interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Contract Amendment One to Contract Number 13-TC-006 is hereby ap- proved. Section 2. That the Mayor is hereby au- thorized and directed to execute Contract Amendment One amendment on behalf of the City of Dubuque and forward the executed copy to the Iowa Economic Development Au- thority for its approval. Passed, approved, and adopted this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 14. Final Plat of Dubuque Industrial Center South Third Addition: Zoning Advisory Com- mission recommending approval of the Final Plat of Dubuque Industrial Center South Third Addition. Upon motion the documents were received and filed and Resolution No. 95-16 Approving the final Plat Dubuque Industrial Center Third Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 95-16 APPROVING THE FINAL PLAT DUBUQUE INDUSTRIAL CENTER SOUTH THIRD AD- DITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat Dubuque Industrial Center South Third Addition in the City of Dubuque; and Whereas, upon said Final Plat appear street(s) to be known as Verena Court (Lot A) which the owners by said Final Plat have dedi- cated to the public forever; and Whereas, upon said Final Plat appear easements to be reserved for the public; and Whereas, said Final Plat has been re- viewed by the Zoning Advisory Commission and had their approval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statutes and ordinances relat- ing to it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Verena Court (Lot A) as it appears upon said Final Plat be and the same is hereby accepted. Section 2. That the public easements as they appear upon said Final Plat be and the same are hereby approved. Section 3. That the Final Plat of Dubuque Industrial Center South Third Addition is here- by approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Section 4. Sidewalk installation shall be the responsibility of the owner of the property abutting the public right-of-way, as required by City Code 10-1-2. The responsibility shall ex- tend to all successors, heirs and assignees. Sidewalks shall be five (5) feet in width and installed one (1) foot from the property line. Section 5. That the final acceptance of all public improvements shall occur upon certifica- tion of the City Engineer to the City Council that all public improvements have been com- pleted in accordance with the improvement plans and City standard specifications. Passed, approved and adopted this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 15. Request to Award 30- and 42-inch Sanitary Sewer Force Main and Lift Station Assessment and Rehabilitation Project: City Manager recommending authorization for the City to enter into a contract with Strand Asso- ciates to perform engineering consulting ser- vices including, but not limited to, survey in- spection and assessment of the City’s 30- and 42-inch sanitary sewer force mains and Termi- nal Street and Cedar Street Lift Stations. Upon motion the documents were received, filed and approved. 16. Request for Release of Funds – CDBG: City Manager recommending approval of a resolution authorizing the Request Re- lease of Funds for the proposed projects ap- proved in the Amended Fiscal Year 2016 (Program Year 2015) Annual Action Plan for Community Development Block Grant (CDBG) activities. Upon motion the documents were received and filed and Resolution No. 96-16 Authorizing Request for Release of Communi- ty Development Block Grant Funds for Fiscal Year 2016 (Program Year 2015) was adopted. RESOLUTION NO. 96-16 AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2016 (PROGRAM YEAR 2015) Whereas, the City of Dubuque entered into a Community Development Block Grant Agreement for the Fiscal Year commencing July 1, 2015, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regula- tions as promulgated by the U.S. Department of Housing and Urban Development, an envi- Book 146 Regular Session March 21, 2016 90 ronmental review has been processed for the hereinafter listed projects to be financed with Community Development Block Grant funds; and Whereas, a Notice of Intent to Request Re- lease of Funds for said grant funds has been published on March 11, 2016 to commence the required seven (7) day public comment period; and Whereas, any and all comments received as a result of such notice will be duly consid- ered before proceeding with a Request for Release of Funds and Certification, and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. De- partment of Housing and Urban Development at the conclusion of the comment period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification for the following identified Com- munity Development Block Grant projects on or about March 21, 2016 and submit to the U.S. Department of Housing and Urban De- velopment. Community Development Block Grant Plan Projects Fiscal Year 2016 (Program Year 2015) Hous- ing Programs: Purchase Rehab Resale: Acquisition, Re- habilitation, and Disposition of Single Family Homes within the City of Dubuque. Lead Hazard Control: Provides activities in support of efforts to reduce lead paint hazards in housing, including assessment and abate- ment with grants of up to $14,200 forgivable loan per household. No funds will be committed prior to comple- tion of a review for other related laws of 24 CFR 58.5, including Section 106, if required, for site-specific projects that are currently uni- dentified. Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Pro- tection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent per- sonally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environ- mental review, decision-making and action. Passed, approved and adopted this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 1 7. East-West Corridor DMATS STP Fund- ing Application: City Manager recommending authorization for the City of Dubuque to submit an application for a Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Program (STP) Grant to assist with funding the intersection improvements for University Avenue “Overlap Section” between Pennsylvania and Loras Boulevard as part of the East-West Corridor Improvements. Upon motion the documents were received and filed and Resolution No. 97-16 Authorizing the filing of a Transportation Improvement Program grant application with the Dubuque Metropoli- tan Area Transportation Study (DMATS) Sur- face Transportation Program (STP) to assist with the funding of intersection improvements for University Avenue “overlap section” be- tween Pennsylvania and Loras Boulevard as part of the East-West Corridor Improvements was adopted. RESOLUTION NO. 97-16 AUTHORIZING THE FILING OF A TRANS- PORTATION IMPROVEMENT PROGRAM GRANT APPLICATION WITH THE DUBU- QUE METROPOLITAN AREA TRANSPOR- TATION STUDY (DMATS) SURFACE TRANSPORTATION PROGRAM (STP) TO ASSIST WITH THE FUNDING OF INTER- SECTION IMPROVEMENTS FOR UNIVER- SITY AVENUE “OVERLAP SECTION” BE- TWEEN PENNSYLVANIA AND LORAS BOULEVARD AS PART OF THE EAST- WEST CORRIDOR IMPROVEMENTS Whereas, the increasing growth of traffic volumes, along with operational and safety concerns, in the University Avenue Overlap Section from Pennsylvania Avenue to Loras Boulevard in the City of Dubuque could be improved by street and intersection improve- ments; and Whereas, the City has determined that im- provements to this corridor, as recommended by the adopted East-West Corridor Study, will improve capacity and traffic flow; and Whereas, the City is requesting DMATS STP funding in the amount of $1,800,000 in FY20 to assist with property acquisition, and the construction of three roundabout intersec- tions; and Whereas, the City has sufficient funds available to cover the local funding in the amount of $50,000 and other anticipated state grant in the amount of $450,000 and upon completion, the City will be responsible for adequately maintaining and operating the pro- Book 146 Regular Session, March 21, 2016 91 ject for public use during the project’s useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City hereby supports and authorizes the grant application submittal for funding through the DMATS FY17-20 Trans- portation Improvement Program to assist with the funding intersection improvements for Uni- versity Avenue “Overlap Section” between Pennsylvania and Loras Boulevard as part of the East-West Corridor Improvements. Passed, approved and adopted this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 18. DMATS Transit Planning Memorandum of Understanding: City Manager recommend- ing approval of a Memorandum of Understand- ing with the Dubuque Metropolitan Area Transportation Study (DMATS) for Transit Planning and Programming that outlines pro- cedures for complying with Federal Transit Administration regulations to ensure eligibility for state and federal funding. Upon motion the documents were received, filed and approved. 19. University of Iowa H-AQAST Grant Ap- plication: City Manager recommending ap- proval of a Letter of Support for the University of Iowa for a Health and Air Quality Applied Sciences Team grant application. Upon motion the documents were received, filed and ap- proved. 20. Downtown Rehabilitation and Housing Creation Grant Program: City Manager rec- ommending approval of two grant awards for 1804-1812 Central Avenue for Downtown Re- habilitation and Housing Creation proposed grant awards for first quarter of 2016. Upon motion the documents were received, filed and approved. 21. Request for Proposal - Eagle Point Park Environmental Restoration Management Plan: City Manager recommending approval to release a Request for Proposal to create an Environmental Restoration Management Plan for Eagle Point Park. Upon motion the docu- ments were received, filed and approved. 22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Top Grade Excavating, Inc., for the Catfish Creek Inter- ceptor Sewer Repair 2016. Upon motion the documents were received, filed and approved. 23. Signed Contracts: Conlon Construction Change Order No. 13 for the Dubuque Inter- modal Transit Center; Portzen Construction Change Order Nos. 6, 7 & 8 for the Upper Bee Branch Creek Restoration Channel, Streets & Utilities Project; Dubuque Jaycees Lease Agreement for Veteran's Memorial Park Com- munity Garden; Dubuque Water Sports Club Lease Agreement for a section of Schmitt Is- land. Upon motion the documents were re- ceived and filed. 24. Tobacco Compliance – Civil Penalty for Tobacco License Holder – Hy-Vee Wine & Spirits “A:” City Manager recommending ap- proval of the Acknowledgment/Settlement Agreement for a tobacco compliance violation for Hy-Vee Wine & Spirits "A," 3500 Dodge Street. Upon motion the documents were re- ceived, filed and approved. 25. Alcohol Compliance Civil Penalty for Alcohol License Holder – Town Clock Inn: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for the Town Clock Inn, 799 Town Clock Plaza. Upon mo- tion the documents were received, filed and approved. 26. Alcohol License Renewals: City Man- ager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 98-16 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 98-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants Book 146 Regular Session March 21, 2016 92 pending submission of the locally required documentation: Renewals Chopper's, 601 Rhomberg Ave., Class C Liq- uor (Outdoor) (Sunday) Hartig Drug Co., 2255 JFK Rd., Class E Liq- uor, Class B Wine, Class C Beer (Sunday) Mindframe Theaters, 555 JFK Rd. #105, Spe- cial Class C Liquor (Sunday) Neighbor's Tap, 1899 Rockdale Rd., Class C Liquor Salsa's Mexican Restaurant, 1091 Main St., Class C Liquor (Sunday) Sportsters Pub & Grub, 2600 Central Ave., Class C Liquor (Sunday) The Venue, 285 Main St., Class C Liquor (Sunday) Passed, approved and adopted this 21st day of March, 2016. Ric. W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Old Mill Road Lease Agreement Amendment – Hartig: City Manager recom- mending a public hearing be set for April 4, 2016 to consider an amended and restated lease agreement with David S. Hartig, Jr., with respect to City-owned residential and com- mercial properties on Old Mill Road. Upon motion the documents were received and filed and Resolution No. 99-16 Resolution of Intent to dispose of an interest in City-owned real property by Amendment to Lease Agreement between the City of Dubuque and David S. Hartig, Jr. for the lease of certain real property at 1620, 1650, 1695 and 1699 Old Mill Road was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 4, 2016 in the Historic Federal Building. RESOLUTION NO. 99-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY AMENDMENT TO LEASE AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND DA- VID S. HARTIG, JR. FOR THE LEASE OF CERTAIN REAL PROPERTY AT 1620, 1650, 1695, AND 1699 OLD MILL ROAD Whereas, the City of Dubuque, Iowa is the owner of the following described real property (the Leased Premises): Lot 1-1-2-1 Mineral Lot 507 Lot 1-1-2-1-2-1-4 Mineral Lot 501 Lot 2-1-2-1-1-2-1-4 Mineral Lot 501 Lot 1 Old Mill Place Lot 2 Papke Place Lot 1-1-2-1-1-2-1-4 Mineral Lot 501 Lot 2-1-1-1-1-2-1-4 Mineral Lot 501 Lot 2-1-2-1-2-1-4 Mineral Lot 501 and; Whereas, on February 17, 2004, the City of Dubuque (City) and the David S. Hartig, Jr. (Hartig) entered into a Lease Agreement for the Leased Premises; and Whereas, City and Hartig desire to amend the Lease Agreement as set forth in the at- tached Amended and Restated Lease Agree- ment; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Amended and Restated Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will con- duct a public hearing on the proposed Amend- ed and Restated Lease Agreement attached hereto in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 4th day of April, 2016 beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing according to law. Passed, approved and adopted this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 2. Dubuque Industrial Center South Build- ing Pad One Sanitary Sewer Extension: City Manager recommending initiation of the public bidding procedure for the Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension, and further recommends that a public hearing be set for April 4, 2016. Upon motion the documents were received and filed and Resolution No. 100-16 Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension - Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 4, 2016 in the Historic Federal Building. RESOLUTION NO. 100-16 DUBUQUE INDUSTRIAL CENTER SOUTH, BUILDING PAD 1 SANITARY SEWER EX- TENSION PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS Book 146 Regular Session, March 21, 2016 93 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center South, Building Pad 1 Sani- tary Sewer Extension Project in the estimated amount $171,104.22, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 4th day of April, 2016, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 7th day of April, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 18th day of April, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 3. Fiscal Year 2016 Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project: City Man- ager recommending initiation of the public bid- ding procedure for the FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project, and further recommends that a public hearing be set for April 4, 2016. Upon motion the docu- ments were received and filed and Resolution No. 101-16 FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project – Preliminary approval of plans, specifications, form of con- tract, and estimated cost; setting date of public hearing on plans, specifications, form of con- tract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 4, 2016 in the Historic Fed- eral Building. RESOLUTION NO. 101-16 FY16 SEWERSHED 7, 11 AND 12 SANI- TARY SEWER MANHOLE PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the FY16 Sew- ershed 7,11 and 12 Sanitary Sewer Manhole Project in the estimated amount $118,816.39, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 4th day of April, 2016, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The FY16 Sewershed 7, 11 and 12 Sani- tary Sewer Manhole Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be Book 146 Regular Session March 21, 2016 94 published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 7th day of April, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 18th day of April, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Boards and Commission Applicant Review. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Community Development Advisory Commission: One, 3-year term through Febru- ary 15, 2019 (Vacant term of Maloy, At-Large). Applicants: Dean Boles, 1715 Geraldine Dr. Receipt of letter from Mr. Boles expressing his desire to serve on this commission. Jay Schiesl, 195 W. 17th St.; and Tom Stovall, 3345 Tibey Ct. Mr. Stovall spoke in support of his appointment. 2. Housing Commission: One, 3-year term through August 17, 2018 (Vacant term of Fos- ter). Applicant: Janice Craddieth, 1455 Wash- ington St. Appointments were made to the following boards/commissions: 3. Community Development Advisory Commission – Appointment: One, 3-year term through February 15, 2018 (Vacant term of Kelley, former LMI Area Representative). Ap- plicant: Julie Woodyard, 2015 Washington (Qualifies for LMI Area Representative). Mo- tion by Lynch to receive and file the docu- ments and appoint Julie Woodyard to the re- mainder of a 3-year term through February 15, 2018. Seconded by Connors. Motion carried 7- 0. 4. Historic Preservation Commission – Ap- pointment: One, 3-year term through July 1, 2016 (Vacant term of Whalen). Applicant: Juan Nieto, 510 West 11th St. Motion by Lynch to appoint Juan Nieto to the remainder of a 3- year term through July 1, 2016. Seconded by Connors. Motion carried 7-0. 5. Mechanical Code Board – Appointment: Two, 3-year terms through March 16, 2019 (Expiring terms of Billmeyer and Hillary). Ap- plicants: Ronald Billmeyer, 2341 Coventry Park; and Dan Hillary, 3087 Arbor Oaks. Mo- tion by Resnick to appoint Ronald Billmeyer and Dan Hillary to 3-year terms through March 16, 2019. Seconded by Lynch. Motion carried 7-0. 6. Zoning Board of Adjustment – Appoint- ment: One, 5-year term through March 25, 2021 (Expiring term of McCoy). Applicant: Jonathan McCoy, 263 Main St. Motion by Resnick to appoint Jonathan McCoy to a 5- year term through March 25, 2021. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council on the following items. 1. Request to Rezone 3125 Cedar Crest Ridge: Proof of publication on notice of public hearing to consider a request from Joe Bitter to rezone property located at 3125 Cedar Crest Ridge from CS Commercial Service and Wholesale to C-3 General Commercial, to permit an indoor recreation facility and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Developer Kathy Bitter, 2275 Wedgewood Dr., spoke in support of the request. Planning Services Manager Laura Carstens provided a staff re- port. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 6-16 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 3125 Cedar Crest Ridge from CS Commer- cial Service and Wholesale District to C-3 General Commercial District. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 6-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3125 CEDAR CREST RIDGE FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter–described property from Book 146 Regular Session, March 21, 2016 95 CS Commercial Service and Wholesale Dis- trict to C-3 General Commercial District, to wit: Lot 2 Cedar Ridge Farm Place #4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 21st day of March, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of March, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone 210 Jones Street: Proof of publication on notice of public hearing to consider a request from Chris Miller to re- zone property located at 210 Jones Street from C-4 Downtown Commercial to C-3 Gen- eral Commercial for climate-controlled storage and commercial/retail use and the Zoning Ad- visory Commission recommending approval. Motion by Resnick to receive and file the doc- uments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Developer Chris Miller spoke in support of the request. Plan- ning Services Manager Laura Carstens pro- vided a staff report. Motion carried 7-0. Motion by Resnick for final consideration and passage of Ordinance No. 7-16 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 210 Jones Street from C-4 Downtown Commercial District to C-3 General Commer- cial District. Seconded by Lynch. Motion car- ried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 7-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 210 JONES STREET FROM C-4 DOWNTOWN COM- MERCIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter–described property from C-4 Downtown Commercial District to C-3 General Commercial District, to wit: Lot 122 of City Lot 541, City Lot 542, Lots 1 & 2 of Subdivision No. 2 of City Lot 543, Lot A and Lot 12 of Subdivi- sion D of vacated Shields Street, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 21st day of March, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of March, 2016. /s/Kevin S. Firnstahl, City Clerk 3. Fiscal Year 2016 Sewershed 5 Manhole Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the FY16 Sewershed 5 Sanitary Sewer Manhole Project and the City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the documents and adopt Reso- lution No. 102-16 Approval of plans, specifica- tions, form of contract, and estimated cost for the FY16 Sewershed 5 Sanitary Sewer Man- hole Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 102-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FY16 SEWERSHED 5 SAN- ITARY SEWER MANHOLE PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the FY16 Sewershed 5 Sanitary Sewer Manhole Project, in the estimated amount $38,043.61, are hereby approved. Passed, adopted and approved this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. Book 146 Regular Session March 21, 2016 96 ACTION ITEMS 1. Comprehensive Annual Financial Report (CAFR) and Auditor’s Communication: City Manager transmitting the Fiscal Year 2015 Comprehensive Financial Report (CAFR), Au- ditor's Communication with Those Charged with Governance Letter, along with the City Finance staff's responses to auditor's findings. Motion by Lynch to receive and file the docu- ments. Seconded by Resnick. Eide Bailly CPA Audit Partner Dave Cahill provided a verbal report on the various sections of the CAFR and responded to questions from the City Council related to recent pension funding standards and bond ratings. Motion carried 7- 0. 2. Code of Ordinances Title 6 - Adopting the International Property Maintenance Code (First Reading): City Manager recommending adoption of the International Property Mainte- nance Code to replace the City’s existing Housing Code and used for the rental inspec- tion program. Correspondence from Behr's Funeral Home, the Downtown Neighborhood and Historic Bluffs Neighborhood Associations, and Mary Gotz regarding adoption of the Inter- national Property Maintenance Code. Motion by Resnick to receive and file the documents and consider the first reading of a proposed ordinance repealing Title 6, Chapter 6 of the City Of Dubuque Code Of Ordinances and all other ordinances or parts of laws in conflict therewith; adopting the 2015 Edition of the International Property Maintenance Code, reg- ulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for sup- plied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupa- tion and use; and the condemnation of build- ings and structures unfit for human occupancy and use, and the demolition of such existing structure in the City of Dubuque; providing for the issuance of permits and collection of fees therefor; and adopting a new Article within Title 14, Chapter 1 as Article J. Seconded by Rios. City Manager Van Milligen stated that there was no consensus provided by the Housing Code Board of Appeals. Assistant City Attor- ney Crenna Brumwell, Housing and Communi- ty Development Director Alvin Nash, and Housing Inspector Ben Pothoff provided a slide presentation. Motion carried 7-0. 3. Recommendation of Nine Pesticide-Free Parks: City Manager transmitted information on the progress of the Integrated Pest Man- agement Work Group and recommendation of nine pesticide-free parks. Motion by Connors to receive and file the documents. Seconded by Resnick. Motion carried 7-0. 4. Property Acquisition - Morrison Brothers' Washington Street Properties: City Manager recommending approval to acquire property on Washington Street between E. 24th Street and E. 25th Street from Morrison Brothers required for the Bee Branch Creek Restoration Project. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 103-16 Ap- proving the acquisition of real estate owned by Morrison Brothers in the City of Dubuque. Se- conded by Lynch. Motion carried 7-0. RESOLUTION NO. 103-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MORRISON BROTH- ERS, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque (City) in- tends to acquire certain real property owned by Morrison Brothers (Owner), at 2496 Wash- ington Street and six lots along the same block legally described as follows (the Property): Lots 13, 14, 15, 16, 17, N. ½ 18 and 20 of O. S. Langworthy’s Addition, all in the City of Dubuque, Dubuque County, Iowa for the purpose of expanding the limits and function of a City park, Comiskey Park; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before pro- ceeding with condemnation; and Whereas, an Offer to Buy and Acceptance has been negotiated with the Owner; and Whereas, it is in the best interest of the City to acquire the property under the terms of the Offer to Buy and Acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed to the Property, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate Section 3. That the City Attorney be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Attorney be and is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. Book 146 Regular Session, March 21, 2016 97 Passed, approved and adopted this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 5. 2016 Bridge Repair and Maintenance Project Award: City Manager recommending award of the construction contract for the 2016 Bridge Repairs and Maintenance Project to the low bidder Tschiggfrie Excavating Co. Motion by Lynch to receive and file the documents and adopt Resolution No. 104-16 Awarding public improvement contract for the 2016 Bridge Repairs and Maintenance Project. Se- conded by Connors. Motion carried 7-0. RESOLUTION NO. 104-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2016 BRIDGE REPAIRS AND MAINTENANCE PROJECT Whereas, sealed proposals have been submitted by contractors for the 2016 Bridge Repairs and Maintenance Project, (the Project) pursuant to Resolution No. 44-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of February, 2016. Whereas, said sealed proposals were opened and read on the 10th day of March, 2016 and it has been determined that Tschig- gfrie Excavating Co. of Dubuque, Iowa with a bid in the amount of $304,972.81 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That a Public Improvement Con- tract for the Project is hereby awarded to Tschiggfrie Excavating Co. and the City Man- ager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 6. Heeb Street Retaining Wall Reconstruc- tion Project Award: City Manager recommend- ing award of the construction contract for the Heeb Street Retaining Wall Reconstruction Project to the low bidder McDermott Excavat- ing. Motion by Lynch to receive and file the documents and adopt Resolution No. 105-16 Awarding public improvement contract for the Heeb Street Retaining Wall Reconstruction Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 105-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE HEEB STREET RETAIN- ING WALL RECONSTRUCTION PROJECT Whereas, sealed proposals have been submitted by contractors for the Heeb Street Retaining Wall Reconstruction Project, (the Project) pursuant to Resolution No. 43-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of February, 2016. Whereas, said sealed proposals were opened and read on the 10th day of March, 2016 and it has been determined that McDer- mott Excavating of Dubuque, Iowa with a bid in the amount of $164,778.00 is the lowest re- sponsive, responsible bidder for the Project. 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 McDermott Ex- cavating and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 21st day of March, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk There being no further business, upon mo- tion the City Council adjourned at 7:49 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special and Regular Sessions April 4, 2016 98 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on April 4, 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, Assistant City Attorney Brumwell. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Sustainable Dubuque. WORK SESSION Sustainable Dubuque Sustainability Coordinator Cori Burbach, Public Health Specialist Mary Rose Corrigan, Carrie Lorhmann of Trailhead Energy, and Raki Giannakouros of Green Dubuque and Blue Sky Solar presented on the following top- ics. • Georgetown University Energy Prize • EPA Environmental Education Grant: Air Quality Education • 50% by 2030 Community Climate Ac- tion & Resiliency Plan • Resilient Community Advisory Com- mission: Community Engagement Progress The City Council had discussion with the presenters following the presentation. There being in further business, upon mo- tion the City Council adjourned at 6:21 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 4, 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, Assistant City Attorney Brumwell. Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Mayor's Day of Recognition for National Service (April 5, 2016) was accepted by VISTA representatives Brynn McDonnell, Katherine Sipple, and Hannah Pope. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 3/21; Library Board of Trustees Council Update 3/24; Park and Rec- reation Commission of 3/8; Sister City Rela- tionships Advisory Commission of 3/16; Proof of publication of City Council Proceedings for 3/7, 3/14. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: National Casualty Company/ #1 Green Cab for vehicle damage. Upon motion the documents were received, filed and referred to the City Attor- ney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: National Casualty Company/#1 Green Cab for vehicle damage. Upon motion the documents were received, filed and concurred. Book 146 Regular Session, April 4, 2016 99 4. Request for Proposals - Mathias Ham House Masonry Rehabilitation: City Manager recommending approval of the release of a Request for Proposals for a consultant to pro- vide architectural/engineering services for ma- sonry rehabilitation of the Mathias Ham House. Upon motion the documents were received, filed and approved. 5. Request for Proposals - Five Flags The- ater Masonry Rehabilitation and Fire Escape: City Manager recommending approval of the release of a Request for Proposals for a con- sultant to provide architectural/engineering services for the Five Flags Theater Masonry Rehabilitation and Fire Escape Project. Upon motion the documents were received, filed and approved. 6. Request for Proposals - Comprehensive Plan Update: City Manager recommending approval of the release of a Request for Pro- posals for the City of Dubuque Comprehensive Plan Update. Upon motion the documents were received, filed and approved. 7. Environmental Covenant for the Old City Garage Site: City Manager recommending approval of the Environmental Covenant and Release of Prior Property Restriction for the Old City Garage Site at 925 Kerper Boulevard. Upon motion the documents were received and filed and Resolution No. 106-16 Approving an Environmental Covenant and Release of Prior Property Restriction for the Old City Gar- age Site, formerly Peoples Natural Gas, at 925 Kerper Boulevard, Dubuque, Iowa as request- ed by the Iowa Department of Transportation was adopted. RESOLUTION NO. 106-16 APPROVING AN ENVIRONMENTAL COVE- NANT AND RELEASE OF PRIOR PROPER- TY RESTRICTION FOR THE OLD CITY GARAGE SITE, FORMERLY PEOPLES NATURAL GAS AT 925 KERPER BOULE- VARD, DUBUQUE, IOWA AS REQUESTED BY THE IOWA DEPARTMENT OF TRANS- PORTATION Whereas, the City of Dubuque is the cur- rent owner of environmentally contaminated property with a local address of 925 Kerper Boulevard, Dubuque, Iowa which property was previously owned by Peoples Natural Gas, who among others, contributed to the contam- ination of the site, commonly known as the Peoples Natural Gas Site (the Site); and Whereas, the U.S. Environmental Protec- tion Agency (EPA) previously required the City of Dubuque to place intuitional controls on the Site in the form of a deed restriction, which was recorded in 1991; and Whereas, EPA requested that the deed re- striction be removed from the property, as it was EPA’s intent for an environmental cove- nant to replace the deed restriction as the sole institutional control on the Site; and Whereas, City negotiated the Environmen- tal Covenant with EPA which was approved by the City Council on September 8, 2015; and Whereas, the Iowa Department of Trans- portation has requested that the City adopt the Environmental Covenant and Release of Prior Property Restriction attached hereto; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Environmental Covenant and Re- lease of Prior Property Restriction. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. The Environmental Covenant and Release of Prior Property Restriction at- tached hereto is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Environmental Covenant and Release of Prior Property Re- striction on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such action is may be necessary and convenient to implement the Environmental Covenant and Release of Prior Property Re- striction. Passed, approved and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Lower Main Development, LLC Subordi- nation Agreement: City Manager recommend- ing approval of a Subordination Agreement with Lower Main Development, LLC which provides the City’s loan is subordinate to the mortgage of Dupaco Community Credit Union for the Platinum Building. Upon motion the documents were received, filed and approved. 9. Andrew Makovec Claim Appeal: City At- torney recommending approval of the appeal of a claim against the City by Andrew Makovec for property damage. Upon motion the docu- ments were received, filed and concurred. 10. Kory Monahan Settlement Agreement: City Attorney recommending approval of a Settlement Agreement in the case of Kory Mo- nahan v. Ryan Clark and the City of Dubuque. Upon motion the documents were received, filed and approved. 11. Grand River Center Management Con- tract Renewal - Platinum Hospitality: City Manager recommending approval of the Grand River Center Management Agreement Amendment with Platinum Hospitality Group, Book 146 Regular Session April 4, 2016 100 LLC. Upon motion the documents were re- ceived and filed and Resolution No. 107-16 Approval of an Amendment to the Facility Management Agreement between the City of Dubuque, Iowa and Platinum Hospitality Group, LLC was adopted. RESOLUTION NO. 107-16 APPROVAL OF AN AMENDMENT TO THE FACILITY MANAGEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PLATINUM HOSPITALITY GROUP, LLC Whereas, Platinum Hospitality Group, LLC (Manager) and the City of Dubuque, Iowa (City) entered into a Facility Management Agreement (the Agreement) dated the 20th day of May, 2013 for the purpose of Manager per- forming the management services for the Grand River Center (Facility) described in that Agreement; and Whereas, Section 9 of the Agreement states “The term of this Agreement commenc- es May 26, 2013 and runs for three (3) years, ending on May 25, 2016…”; and Whereas, Section 4.1 of the Agreement addresses the Hotel Motel Tax payments to be made over the terms of the Agreement, includ- ing any renewals; and Whereas, Section 10.1 of the Agreement states “After May 25, 2015 this Agreement may be terminated by either party hereto, without cause, upon six (6) months written notice to the other party”; and Whereas, although the deadline for renew- al has passed, the parties wish to renew the Agreement for an additional three (3) year period; and Whereas, the parties wish to meet on a regular and frequent basis throughout the re- newal period; and Whereas, City and Manager now desire to amend the Facility Management Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amendment attached hereto is hereby approved on behalf of the City of Dubuque. Section 2. That the Mayor is hereby au- thorized to execute the Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Visiting Nurses Association (VNA) - Lead & Healthy Homes Contract: City Manag- er recommending approval of an agreement with the Dubuque Visiting Nurse Association for services related to the Housing and Urban Development (HUD) Lead Hazard Control and Healthy Homes Program. Upon motion the documents were received, filed and approved. 13. Health Choices Administrative Services Fee: City Manager recommending approval of the Health Choices administrative services fee effective July 1, 2016 through June 30, 2017, and authorization for the City Manager to sign the Amendment to the Administrative Services Agreement. Upon motion the documents were received, filed and approved. 14. 2015-2016 Snow and Ice Removal from Public Right-of-Way Assessments: City Manager recommending establishing the final assessments for the 2015-2016 Snow Remov- al from City Right-of-Way. Upon motion the documents were received and filed and Reso- lution No. 108-16 Adopting the final Assess- ment Schedule for the 2015-2016 Snow Re- moval Assessment - Right-of-Way Obstruction Removal Assessment Project was adopted. RESOLUTION NO. 108-16 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2015-2016 SNOW REMOVAL ASSESSMENT – RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Snow Removal Assessment – Right-of-Way Obstruction Removal Assess- ment Project. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the im- provements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 364.12. Said assessments against said lots are hereby declared to be in propor- tion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the no- tice, the City Clerk shall also mail a copy of Book 146 Regular Session, April 4, 2016 101 said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and will draw annual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Sec- tion 384.65 of the Code of Iowa. Each install- ment will be delinquent from October 1 follow- ing its due date on July 1 of each year. How- ever, when the last day of September is a Sat- urday or Sunday, that amount shall be delin- quent from the second business day of Octo- ber. Unpaid balances will draw the same de- linquent interest as ordinary taxes. Passed, approved and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2015-2016 SIDEWALK SHOVELING AS- SESSMENTS FINAL ASSESSMENTS PROPERTY OWNER NAME; LOT DE- SCRIPTION; PARCEL NUMBER; STREET ADDRESS; VALUATION WITH IMPROVE- MENT; TOTAL NET ASSESSMENT Kingdom Investment LLC; Lot 1 in George Martins Sub; 1025178001; 500 Hill Street; $127,040.00; $ 75.10 Robert & Cheryl Cannon; E 1/4 of Lot 1 - 2 of City Lot 720 And Lot 2 - 2 of City Lot 720;1025135019;681 West 5th Street; $70,210.00; $58.75 Jimmy Hum & Heather Jones; Lot 7 Blk 1 Clarke Crest Estates 2nd Add; 1023207019; 877 Spires Drive; $180,840.00; $80.35 Aaron & Kerry Walling; Lot 17 Newberry & Hales Sub; 1026277004; 1350 West 5th Street; $106,600.00; $71.95 Rachel Tucker; Lot 6 Hillcrest Sub; 1022429001; 1988 Asbury Road; $104,240.00; $117.25 Scott Maksymkow; Lot 4 Blk 1 Crescent Heights; 1028481001; 3547 Lunar Dr.; $164,170.00; $125.90 Deane & Manolita Dement; Lot 1-1-1-10 Kelly’s Sub; 1025129016; 686 University Avenue; $5,880.00; $58.75 Noel Properties LLC; Lot 36 University Place; 1023252005; 1180 West Locust Street; $60,880.00; $73.23 Sherri & Shirley Heagy; Lot 38 Leven’s Add; 1023477014; 1069 Vernon Street; $57,760.00; $55.60 Robert Neuwoehner; Lot 4 Hannig’s Sub; 1026228003; 1120 Glen Oak Street; $106,890.00; $55.60 Patrick Cribben; N 1/2 - N 1/2 of City Lot 123; 1025280004; 166 Bluff Street; $67,460.00; $58.75 Feldott Properties LLC; Lot 1-5 A L Browns Sub; 1024340008; 452 Loras Blvd.; $99,650.00; $67.98 Aaron Healey; Lot 1-818 & Lot 819 A McDan- iel’s Sub; 1024377002; 636 Loras Blvd.; $97,390.00; $80.35 James & Diane Barefoot; Lot 7 East St Sub; 1026112002; 2320 Mineral St.; $90,910.00; $80.35 Chad Ellis Construction Inc.; Lot 33 Blk 2 Sun- set Park #2; 1021206014; 2212 St. John Drive; $ 129,300.00; $67.98 Scott Duehr; Lot 2-2-1-3 St Mary's Place; 1022201002; 2971 Kaufmann Avenue; $100,110.00; $150.88 NJC LLC; Lot 1-1 Schwind’s Pl; 1026212001; 1853 Delhi Street; $ 75,890.00; $97.75 K & T Real Estate LLC; Lot 18 Morheiser’s Sub; 1026212008; 1670 University Ave- nue; $87,740.00; $67.98 Jarod Moore; SW1/2-Lot 37 Mc Craney's 2nd Add; 1118352008; 1004 Garfield Avenue; $81,130.00; $65.88 CM Investments; Lot 2 Dreibelbi’s Add; 1013481018; 807 Garfield Avenue; $60,600.00; $65.88 Brian & Audra Elliott; Lot 2-22 & Lot 2-23 Tschirgi & Schwind’s Sub; 1026134006; 1057 Auburn Street; $ 168,690.00; $65.88 James Wiezorek; Lot 1 Blk 3 Steger Heights; 1026152001; 265 Devon Drive; $180,810.00; $71.13 Michael & Kimberly Hackett; Lot 1-6 & 2-5 Mrs. L H Langworthy’s Except N 12' Thereof; 1025157005; 1072 West 3rd Street; $ 295,120.00; $64.83 Nicholas Reed; Lot 7 Blk 11 Green Acres Sub; 1014255006; 2926 Timberline Street; $123,600.00; $57.70 15. Pre-Annexation Agreement - Frederick J. Henneberry #1: City Manager recommend- ing approval of a Pre-Annexation Agreement with Frederick J. Henneberry, property owner of Lots 1 and 2 of Timothy Place in the Twin Ridge Subdivision. Upon motion the docu- ments were received and filed and Resolution No. 109-16 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Frederick J. Henneberry was adopted. RESOLUTION NO. 109-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FREDERICK J. HENNEBERRY Book 146 Regular Session April 4, 2016 102 Whereas, Frederick J. Henneberry, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexa- tion of the Property to the City of Dubuque: Lots 1 and 2 of Timothy Place, a subdivi- sion of Section 12, Tablemound Township, Dubuque County, Iowa according to the rec- orded plat thereof; and Whereas, Frederick J. Henneberry, have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is at- tached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Frederick J. Henneberry and the City of Dubuque is hereby approved. Passed, approved and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Pre-Annexation Agreement - Frederick J. Henneberry #2: City Manager recommend- ing approval of a Pre-Annexation Agreement with Frederick J. Henneberry, property owner of Lot 7 in Twin Ridge Subdivision No. 2. Upon motion the documents were received and filed and Resolution No. 110-16 Approving a Pre- Annexation Agreement between the City of Dubuque, Iowa and Frederick J. Henneberry was adopted. RESOLUTION NO. 110-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FREDERICK J. HENNEBERRY Whereas, Frederick J. Henneberry, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexa- tion of the Property to the City of Dubuque: Lot 7 of Twin Ridge Subdivision No. 2 in Section 12, Tablemound Township, Dubuque County, Iowa according to the recorded plat thereof; and Whereas, Frederick J. Henneberry, have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is at- tached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Frederick J. Henneberry and the City of Dubuque is hereby approved. Passed, approved and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Pre-Annexation Agreement - Linda L. Sanford: City Manager recommending approv- al of a Pre-Annexation Agreement with Linda L. Sanford, property owner of Lot 12 in Twin Ridge Subdivision No. 2. Upon motion the documents were received and filed and Reso- lution No. 111-16 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Linda L. Sanford was adopted. RESOLUTION NO. 111-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LINDA L. SANFORD Whereas, Linda L. Sanford, the owners of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 12 in Twin Ridge Subdivision No. 2 in Tablemound Township, Dubuque County, Iowa according to the recorded Book 146 Regular Session, April 4, 2016 103 plat thereof, subject to easements and restrictions of record; and Whereas, Linda L. Sanford, have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Proper- ty; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Linda L. Sanford and the City of Dubuque is hereby approved. Passed, approved and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 18. Building Services Fiscal Year 2017 Permit Fees: City Manager recommending rescission of Resolution No. 84-16 and ap- proval of a new resolution correcting the errors in the FY17 permit and license fees for the Building Services Department. Upon motion the documents were received and filed and Resolution No. 112-16 Rescinding Resolution No. 84-16 Establishing a new Schedule of Building Permit and License Fees and adopt- ing in lieu thereof a new Schedule of Building Permit and License Fees was adopted. RESOLUTION NO. 112-16 RESCINDING RESOLUTION NO. 84-16 ES- TABLISHING A NEW SCHEDULE OF BUILDING PERMIT AND LICENSE FEES AND ADOPTING IN LIEU THEREOF A NEW SCHEDULE OF BUILDING PERMIT AND LICENSE FEES NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 84-16 is hereby rescinded. Section 2. Building Issuance and Annual License Fees. Permit/License Description Recom- mended Fee In- crease Building Permit Issuance Fee $10.00 Sign Contractor License Annually $150.00 VAB License Annually $350.00 Solar Thermal License Annually $125.00 Electrical/Industrial Maintenance License Annually $230.00 Section 3. Plan Review Fee. • Plan Review Fee: $60/HR Section 4: Building Permit Value Increases. One-and Two-Family Dwellings Project Amount Base Fee Plus $1 - $500 $14.58 No Added Fee $501 - $2,000 $14.58 for first $500 $2.37 addi- tional $100 $2,001 - $30,000 $50.05 for first $2,000 $9.35 addi- tional $1,000 $30,001 - $50,000 $311.85 for first $30,000 $6.99 addi- tional $1,000 $50,001 - $100,000 $451.55 for first $50,000 $4.68 addi- tional $1,000 100,001 and above $685.30 for first $100,000 $3.91 addi- tional $1,000 All Other Building Projects Project Amount Base Fee Plus $1 - $500 $29.15 No Added Fee $501 - $2,000 $29.15 for first $500 $14.58 addi- tional $500 $2,001 - $25,000 $72.88 for first $2,000 $11.66 addi- tional $1,000 $25,001 - $50,000 $341.06 for first $25,000 $8.75 addi- tional $1,000 $50,001 - $100,000 $559.68 for first $50,000 $5.83 addi- tional $1,000 $100,001 - $500,000 $851.18 for first $100,000 $48.02 addi- tional $10,000 $500,001 and above $2771.78 for first $500,000 $39.27 addi- tional $10,000 Book 146 Regular Session April 4, 2016 104 Section 5. Residential Electrical Permit Fees. Category Recommended Fee Square Footage Fees for New Residential Construction or Additions (Per Square Foot Cost) $0.07 Unit Fees for Existing Building Remodels Per Unit Fee Swimming Pool, Spa, Hot Tub, Whirlpool $36.30 Temporary Power, Construction Site Service $21.45 Temporary Lighting Systems $21.45 Receptacle, Switch, Light and Boxes or Enclosures 1-20 $0.77 Over 20 $0.33 Lighting Fixtures 1-20 $0.77 Over 20 $0.33 Pole Mounted Lighting Fixtures $1.43 Residential Appliances and Power Apparatus (rated in) Tons of TU, or Kilowatts, KiVA, or KiVAR, or Horsepower. 0 to 1 $7.70 Over 1 to 10 $8.80 Over 10 to 20 $11.00 Over 20 to 30 $15.40 Over 30 $15.40 Extra HP $0.33 Square Footage Fees for New Buildings and Remodels Per Square Feet $0.07 Main Service Fees and sub-panels are separate than square footage calculations 0 to 100 Amps $11.00 101 to 400 Amps $17.60 401 to 600 Amps $26.40 601 to 1000 Amps $35.20 Over 1000 Amps $53.90 Misc. apparatus, Conduit, & Conductors that no other Fee Covers Above $21.45 Original Issuance Fee $10.00 Supplemental Issuance Fee (only if this is a follow-up to a previous permit) $5.50 Fees Not Covered Above Each noncompliance re-inspection needed $60.00 For construction plan review ( minimum of 1 hour) $60.00 Inspections Outside Normal Business Hours $60.00 Inspection for which no fee is detailed above (Presale, demolition, damage, etc.) $60.00 Section 6: Commercial Electrical Permit Fees. Square Footage Fees for New Commercial Construction or Additions(Per Square Foot Cost) Recommended Fee Commercial Office Construction First 25,000 sq. ft. $0.08 Next 49,999 sq. ft. $0.07 Next 124,999 sq. ft. $0.050 Next 299,999 sq. ft. $0.033 Over 500,000 sq. ft. $0.0165 Commercial Industrial Construction First 25,000 sq. ft. $0.033 Next 49,999 sq. ft. $0.0165 Next 124,999 sq. ft. $0.0077 Next 299,999 sq. ft. $0.00495 Over 500,000 sq. ft. $0.0011 Unit Fees for Existing Building Remodels (Per Unit Fee) Signs: Free Standing or Building Mounted First Transformer $11.00 Additional Transformers $6.60 Gasoline Pumps and/or Dispensers $11.00 Swimming Pool, Spa, Hot Tub, Whirlpool $36.30 Temporary Power & Construction Site Services $21.45 Temporary Lighting Systems $21.45 Receptacle, Switch, Light Boxes and Enclosures First 1 thru 20 $0.77 Number Over 20 $0.33 Lighting Fixtures Only First 1 thru 20 $0.77 Number Over 20 $0.33 Pole Platform Fixtures $1.43 Book 146 Regular Session, April 4, 2016 105 Theatrical Lighting Fixtures $1.43 Appliances and Power Apparatus(rated in) tons of BTU or kilowatts, KVA or KVAR or Horsepower 0 to 1 $7.70 Over 1 to 10 $8.80 Over 10 to 20 $11.00 Over 20 to 30 $15.40 Over 30 $15.40 Extra HP(over 30) each $0.33 Busway: Enter number of 100 ft. sections or fraction there of $0.77 Service Fees are Separate From Square Footage Calculations Above Main Service Panels and Sub-Panels 0 to 100 Amps $11.00 101 to 400 Amps $17.60 401 to 600 Amps $26.40 601 to 1000 Amps $35.20 Over 1000 Amps or 600 Volts $53.90 Commercial Electrical Permit Fees (Continued). Recommended Fee Misc. apparatus, Conduit, & Conductors that no other Fee Covers Above $21.45 Original Issuance Fee $10.00 Supplemental Issuance Fee (only if this is a follow-up to a previous permit) $5.50 Fees Not Covered Above Each noncompliance re-inspection needed $60.00 For construction plan review ( minimum of 1 hour) $60.00 Inspections Outside Normal Business Hours $60.00 Inspection for which no fee is detailed above (Presale, demolition, damage, etc.) $60.00 Section 7. Other Permit Fees. Permit Type Recommended Fee Demolition Permits One & Two Family Dwellings $35.20 Commercial Buildings One story < 1000 Sq. Ft $35.20 Each Story 1001 to 3000 Sq. FT. $41.25 Each Story Over 3000 Sq. FT. $46.75 Note: Basement counted as a story Temporary Sign Permit Recommended Fee Temporary Sign Permit $27.50 Permanent Sign Permit Recommended Fee Permanent Sign Permit $36.30 Section 8. Mechanical Permit Fee. Mechanical Type of Fixture or Item Recommended Fee Floor Furnace, Wall Heater (Including Vent) $17.60 Unit Heater, Hanging Heaters, Wall Heaters $17.60 Evaporative Cooler (not portable) $12.65 Vent Fan $8.80 Ventilation Systems $17.60 Equipment not listed/ Temporary Heat $17.60 Alteration, addition to any system/ductwork $17.60 Factory Built Fireplace $12.65 Fireplace Stoves $12.65 Water Heater (BTU each) $12.65 Type 1 & 2 Hoods $21.45 Appliance Vent $15.40 Forced Air Furnace < or = to 100,000 BTU $17.60 Forced Air Furnace > or = to 100,000 BTU $21.45 Boilers, Compressors, Absorption Systems, Refrigeration, RTU, Air Conditioning and Heat Pumps Up to and include 3HP or 100,000 BTU $17.60 >3HP to 15HP or 100,000 to 500,000 BTU $31.90 Book 146 Regular Session April 4, 2016 106 >15HP to 30HP or 500,00o to 1,000,000 BTU $42.90 >30HP to 50HP or 1,000,000 to 1,750,000 BTU $66.00 >50HP or >1,750,000 BTU $108.90 Air Handling Unit (CFM to 10,000) $12.65 Air Handling Unit (CFM > 10,000) $21.45 Gas Piping (1 to 5 outlets) Gas Pressure Test $15.40 Hydronic Piping $21.45 Ground source systems-horizontal loop or vertical wells $21.45 Solar Systems: space heat/cool or water heat/processing $21.45 Issuance Fee $10.00 Section 9. Plumbing Permit Fee. Plumbing Type of Fixture or Item Recommended Fee Water Closet (Toilet) $8.80 Bathtub $8.80 Lavatory (Wash Basin) $8.80 Shower $8.80 Kitchen Sink $8.80 Garbage Disposal $8.80 Dishwasher $8.80 Laundry Tray $8.80 Clothes Washer $8.80 Urinal $8.80 Drinking Fountain $8.80 Service Sink $8.80 Shampoo Bowl $8.80 Grease Trap $8.80 Water Heater $12.65 Gas Piping (1 to 5 outlets) Gas Pressure Test $15.40 Gas Piping (>5 outlets per outlet fee) $3.85 Floor Drain $8.80 Roof Drain $12.65 Condensate Drain $12.65 Vacuum Breaker $12.65 Backwater Valve $15.40 Backflow Prevention Device $15.40 Waste Interceptor $15.40 Indirect Waste $15.40 Sewage Ejector $15.40 Water Distribution Piping $15.40 Water Treating Equipment $15.40 Water Service (Main to Property Line) $15.40 Water Service (Property Line to Building) $15.40 Sanitary Service (Main to Property Line) $15.40 Sanitary Service (Property Line to Building $15.40 Meter $15.40 Misc. $15.40 Issuance Fee $10.00 Plan Review Fee (Minimum 1 Hour) Per Hour Cost $60.00 Book 146 Special Session, April 18, 2016 107 Section 10. The foregoing fees shall take effect July 1, 2016. Passed approved and adopted the 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. 28E Agreement - Dubuque Community School District: City Manager recommending approval of a 28E Agreement with Dubuque Community School District for the construction of public roadway improvements at the inter- section of West Locust Street and Clarke Drive to accommodate proposed campus improve- ments at Senior High School. Upon motion the documents were received and filed and Reso- lution No. 113-16 Approving a 28E Agreement for construction of roadway improvements at West Locust Street and Clarke Drive between the City of Dubuque, Iowa and Dubuque Community School District was adopted. RESOLUTION NO. 113-16 APPROVING A 28E AGREEMENT FOR CONSTRUCTION OF ROADWAY IM- PROVEMENTS AT WEST LOCUST STREET AND CLARKE DRIVE BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COMMUNITY SCHOOL DISTRICT Whereas, the City of Dubuque is party to a 28E Agreement with Dubuque Community School District for construction of public road- way improvements at West Locust Street and Clarke Drive dated March 14, 2016; and Whereas, the City of Dubuque has deter- mined that the project will require certain im- provements to the public right of way and Dubuque Community School District agrees that such improvements are reasonable and necessary; and Whereas, the City of Dubuque has re- viewed and approved the preliminary design and construction plans for said public roadway improvements; and Whereas, Dubuque Community School District has executed the 28E Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The 28E Agreement attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the 28E Agreement on behalf of the City of Dubuque Passed, approved, and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Signed Contract(s): Swift Water Adven- ture Tours Docking Agreement for the Port of Dubuque Marina. Upon motion the documents were received and filed. 21. Improvement Contracts / Performance, Payment and Maintenance Bonds: River City Paving for the Eagle Point Parking Lot Resur- facing Project. Upon motion the documents were received, filed and approved. 22. Alcohol Compliance Civil Penalty for Alcohol License Holder – Chocolaterie Stam: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Chocolaterie Stam, 269 Main Street. Upon motion the doc- uments were received, filed and approved. 23. 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. 114-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 114-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Bunker Hill Golf Course, 2200 Bunker Hill Rd., Class C Liquor (Sunday) Clarke University, 1550 Clarke Dr., Class C Liquor (Catering) (Outdoor) (Sunday) Dubuque Arboretum, 3800 Arboretum Dr., Class B Native Wine (Sunday) Dubuque Food Co-op, 955 Washington St., Class C Beer, Class B Wine (Sunday) Heat Billiards & Grill, 1850 Central Ave., Class C Liquor (Sunday) Book 146 Regular Session April 4, 2016 108 Kwik Stop 16th Street #325, 1210 E 16th Street, Class E Liquor, Class B Wine, Class C Beer (Sunday) Lot One, 100 Main St., Class C Liquor (Out- door) (Sunday) Noonan's tap, 1618 Central Ave., Class C Liq- uor (Sunday) Panchero's Mexican Grill, 4840 Asbury Rd., Class B Beer (Outdoor) (Sunday) Ron's Five Point Mart, 405 Rhomberg Ave., Class C Liquor (Sunday) The Olive Garden, 3350 Dodge St., Class C Liquor (Sunday) Whiskey River, 1064 University Ave., Class C Liquor (Sunday) New Yardarm, 1201 Shiras Ave., Class C Liquor (Outdoor) (Sunday) Passed, approved and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. 2016 Pavement Marking Project: City Manager recommends initiation of the public bidding procedure for the 2016 Pavement Marking Project, and further recommends that a public hearing be set for April 18, 2016. Up- on motion the documents were received and filed and Resolution No. 115-16 Preliminary approval of plans, specifications, form of con- tract, and estimated cost; setting date of public hearing on plans, specifications, form of con- tract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 18, 2016 in the Historic Federal Building. RESOLUTION NO. 115-16 2016 PAVEMENT MARKING PROJECT, PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the 2016 Pavement Marking Project in the estimated amount $143,780.29, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 18th day of April, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The 2016 Pavement Marking Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 21st day of April, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 2nd day of May, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Sister City Relationships Advisory Commission – Review: One, 3-year term through February 1, 2019 (Vacant term of Zygmont). Applicant: Rachel McDermott, 1007 ½ W. 3rd St. Ms. McDermott spoke in support of her appointment. Book 146 Special Session, April 18, 2016 109 Appointments were made to the following Boards/Commissions. 2. Community Development Advisory Commission – Appointment: One, 3-year term through February 15, 2019 (Vacant term of Maloy, At-Large). Applicants: Dean Boles, 1715 Geraldine Dr.; Jay Schiesl, 195 W. 17th St.; Tom Stovall, 3345 Tibey Ct. Upon roll-call vote (Boles: Buol, Jones, Del Toro, Lynch, Resnick, Connors), (Stovall: Rios), Dean Boles was appointed to a 3-year term through Feb- ruary 15, 2019. 3. Housing Commission – Appointment: One, 3-year term through August 17, 2018 (Vacant term of Foster); Applicant: Janice Craddieth, 1455 Washington St. Motion by Jones to appoint Ms. Craddieth to a 3-year term through August 7, 2018. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council. 1. Old Mill Road Lease Agreement Amendment – David S. Hartig. Jr.: Proof of publication for notice of public hearing to con- sider an amended and restated lease agree- ment with David S. Hartig, Jr., with respect to City-owned residential and commercial proper- ties on Old Mill Road and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 116-16 Disposing of an interest in real property by lease with David S. Hartig, Jr. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 116-16 DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE WITH DAVID S. HARTIG, JR. Whereas, the City of Dubuque, Iowa is the owner of the following properties: Lot 1-1-2-1 Mineral Lot 507 Lot 1-1-2-1-2-1-4 Mineral Lot 501 Lot 2-1-2-1-1-2-1-4 Mineral Lot 501 Lot 1 Old Mill Place Lot 2 Papke Place Lot 1-1-2-1-1-2-1-4 Mineral Lot 501 Lot 2-1-1-1-1-2-1-4 Mineral Lot 501 Lot 2-1-2-1-2-1-4 Mineral Lot 501; and City leased all of the aforesaid real proper- ty to David S. Hartig, Jr. pursuant to Lease Agreement recorded on February 19, 2004 as Instrument 2539-04, records of Dubuque County, which Lease Agreement as so record- ed was approved by City of Dubuque Resolu- tion No. 77-04 on February 16, 2004; and Whereas, David S. Hartig, Jr. (Hartig) pro- poses to amend the Lease of such City proper- ty on the terms set forth in the form of the Amended and Restated Lease Agreement attached, with all revisions or substitutions appearing in italics; and Whereas, on April 4, 2016, the City Council pursuant to Notice published as required by law held a public hearing on the matter of amending the aforesaid Lease and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the Amended and Restated Lease Agreement for the City property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Amended Lease Agreement in the form attached hereto is hereby ap- proved. Section 2. The Mayor is hereby authorized and directed to execute the Lease Agreement. Section 3. The City Clerk is hereby author- ized and directed to cause this Resolution to be recorded with the Dubuque County Re- corder. Passed, approved and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Grant of Easement for Ingress and Egress Across City-Owned Property - Manson Road: Proof of publication for notice of public hearing to consider approval of a request from Nancy A. Comer McNamer and Martin J. McNamer for the granting of an easement across a portion City-owned property to ac- cess their property, Lot 1 of McNamer Acres No. 4, from the Manson Road Right-of-Way and the City Manager recommending approv- al. Motion by Lynch to receive and file the documents and adopt Resolution No. 117-16 Disposing of City interest by Grant of Ease- ment for Ingress and Egress to Nancy A. Comer McNamer and Martin J. McNamer across a portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque; and Resolution No. 118-16 Granting Easement for Ingress and Egress to Nancy A. Comer McNamer and Mar- tin J. McNamer across a portion of Lot 1-2-1-1- 1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque. Se- conded by Resnick. Motion carried 7-0. Book 146 Regular Session April 4, 2016 110 RESOLUTION NO. 117-16 DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT FOR INGRESS AND EGRESS TO NANCY A. COMER MCNAMER AND MARTIN J. MCNAMER ACROSS A PORTION OF LOT 1-2-1-1-1-1-1-1-2-1-4 AND LOT 2-2-1-1-1-1-1-1-2-1-4 OF MINERAL LOT 501, IN THE CITY OF DUBUQUE Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 18th day of March, 2016, the City Council of the City of Dubuque, Iowa met on the 4th day of April, 2016, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa to consider the pro- posal for the granting of easement described as: A portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Miner- al Lot 501, in the City of Dubuque for the purpose of accessing Lot 1 of McNamer Acres No. 4 from the Man- son Road Right of Way, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposed granting of easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Grant of Easement by the City of Dubuque across a portion of Lot 1- 2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2- 1-4 of Mineral Lot 501, in the City of Dubuque for ingress and egress, be and the same is hereby approved, contingent on the paying platting fees. Section 2. The City of Dubuque reserves unto itself a perpetual easement of this same described area for the purpose of erecting, installing, constructing, reconstructing, repair- ing, owning, operating and maintaining all pub- lic utilities. Section 3. That the Mayor be authorized and directed to execute the Grant of Easement for Ingress and Egress and the City Clerk be and is hereby authorized and directed to deliv- er said Grant of Easement to upon receipt of any required platting fees. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Easement for Ingress and Egress in the office of the Dubu- que County Recorder. Passed, approved and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 118-16 GRANTING EASEMENT FOR INGRESS AND EGRESS TO NANCY A. COMER MCNAMER AND MARTIN J. MCNAMER ACROSS A PORTION OF LOT 1-2-1-1-1-1-1-1-2-1-4 AND LOT 2-2-1-1-1-1-1-1-2-1-4 OF MINERAL LOT 501, IN THE CITY OF DUBUQUE Whereas, Nancy A. Comer McNamer and Martin J. McNamer have requested a “Grant of Easement” for Ingress and Egress across a portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2- 2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque, for the purpose of accessing their property, Lot 1 of McNamer Acres No. 4, from the Manson Road Right of Way; and Whereas, Buesing and Associates has prepared and submitted to the City Council an exhibit showing the portion of Lot 1-2-1-1-1-1- 1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque pro- posed for the ingress and egress easement; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the por- tion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1- 1-1-1-1-1-2-1-4 of Mineral Lot 501 can be uti- lized for this ingress and egress easement, as shown on the Exhibit A, in the City of Dubu- que, Dubuque County, Iowa and should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the “Grant of Easement” for Ingress and Egress to Nancy A. Comer McNamer and Martin J. McNamer be and the same is hereby approved. Passed, approved and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Dubuque Industrial Center South Build- ing Pad One Sanitary Sewer Extension Pro- ject: Proof of publication for notice of public hearing to consider approval of plans, specifi- cations, form of contract, and estimated cost for the Dubuque Industrial Center South, Build- ing Pad 1 Sanitary Sewer Extension Project and the City Manager recommending approv- al. Motion by Connors to receive and file the documents and adopt Resolution No. 119-16 Approval of plans, specifications, form of con- tract, and estimated cost for the Dubuque In- dustrial Center South, Building Pad 1 Sanitary Sewer Extension Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 119-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DUBUQUE INDUSTRIAL Book 146 Special Session, April 18, 2016 111 CENTER SOUTH, BUILDING PAD 1 SANI- TARY SEWER EXTENSION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension Project, in the estimated amount $171,104.22, are hereby approved. Passed, adopted and approved this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Fiscal Year 2016 Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project: Proof of publication for notice of public hearing to con- sider approval of plans, specifications, form of contract, and estimated cost for the FY16 Sewershed 7, 11 and 12 Sanitary Sewer Man- hole Project and the City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 120-16 Approval of plans, specifications, form of contract, and estimated cost for the FY16 Sewershed 7, 11, and 12 Sanitary Sew- er Manhole Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 120-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE FY16 SEWERSHED 7, 11 and 12 SANITARY SEWER MANHOLE PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project, in the estimated amount $118,816.39, are hereby approved. Passed, adopted and approved this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS 1. Code of Ordinances Title 6 - Adopting the International Property Maintenance Code (2nd Reading): City Manager recommending adoption of the International Property Mainte- nance Code to replace the City’s existing Housing Code and used for the rental inspec- tion program. Correspondence from Behr's Funeral Home, the Downtown Neighborhood and Historic Bluffs Neighborhood Associations, Mary Gotz, and Terry Mozena regarding adop- tion of the International Property Maintenance Code. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 8-16 Repealing Title 6, Chapter 6 of the City of Dubuque Code of Ordinances and all other ordinances or parts of laws in conflict therewith; adopting the 2015 Edition of the International Property Maintenance Code, regulating and governing the conditions and maintenance of all property, buildings, and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions es- sential to ensure that structures are safe, sani- tary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demo- lition of such existing structure in the City of Dubuque; providing for the issuance of permits and collection of fees therefor; and adopting a new Article within Title 14, Chapter 1 as Article J. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 8-16 REPEALING TITLE 6, CHAPTER 6 OF THE CITY OF DUBUQUE CODE OF ORDINANC- ES AND ALL OTHER ORDINANCES OR PARTS OF LAWS IN CONFLICT THERE- WITH; ADOPTING THE 2015 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS, AND STRUCTURES; BY PROVIDING THE STANDARDS FOR SUP- PLIED UTILITIES AND FACILITIES AND OTHER PHYSICAL THINGS AND CONDI- TIONS ESSENTIAL TO ENSURE THAT STRUCTURES ARE SAFE, SANITARY AND FIT FOR OCCUPATION AND USE; AND THE CONDEMNATION OF BUILDINGS AND STRUCTURES UNFIT FOR HUMAN OCCU- PANCY AND USE, AND THE DEMOLITION OF SUCH EXISTING STRUCTURE IN THE CITY OF DUBUQUE; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; AND ADOPTING A NEW ARTICLE WITHIN TITLE 14, CHAPTER 1 AS ARTICLE J NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Book 146 Regular Session April 4, 2016 112 Section 1. That the current Title 6, Chapter 6 of the City of Dubuque Code of Ordinances and all other ordinances or parts of laws in conflict herewith are hereby repealed. Section 2. Section 14-1J-1 of the City of Dubuque Code of Ordinances will read as fol- lows: 14-1J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: That a certain document, copies of which are on file in the office of the Building Services Department and Housing and Community Development Department, being marked and designated as the In- ternational Property Maintenance Code, 2015 edition, as published by the Interna- tional Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dubuque as Title 14, Chapter 1, Article J, in the State of Iowa for regulating and governing the condi- tions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facili- ties and other physical things and condi- tions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of build- ings and structures unfit for human occu- pancy and use, and the demolition of such existing structures as herein provid- ed; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the offices of the Building Services and Housing and Community Development Departments are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in Section 3 of this ordinance. Section 3. Section 14-1J-2 of the City of Dubuque Code of Ordinances will read as fol- lows: Section 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifi- cations, or amendments of the Internation- al Property Maintenance Code, 2015 edi- tion, adopted in Section 14-1J-1 of this ar- ticle to read as follows: Section 101.1. Insert: City of Dubuque Section 103.5. Fees. Amended to read: 103.5. Fees. The fees for activities and services performed by the Housing and Community Development Department and Building Services Department will be established by resolution of the City Council. Section 104.2. Inspections. Amended to read: 104.2. Inspections. A. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible of- ficer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical is- sues that arise, subject to the ap- proval of the appointing authority. B. Required inspections: 1. When requested and approved by the property owner, manager, li- censed real estate professional, or occupant; or 2. When the city manager has reason to believe there is a violation of the Property Maintenance Code; or 3. When, upon inspection, a violation of the Property Maintenance Code is found, and notice and or- der to correct is given, the prem- ises is subject to re-inspection to determine if the required correc- tions have been made; or 4. When the premises is located in any area designated by the city for comprehensive block en- forcement of the Property Mainte- nance Code; or 5. Presale and/or mortgage inspec- tion: Whenever a person requests presale, pre-loan or other housing inspection; or 6. Licensed rental units: a. All rental units are subject to regular inspection and follow up re-inspection as necessary. b. Not less than seven (7) calen- dar days prior to a scheduled inspection, the city will by reg- ular mail to the license holder and any known tenants notice of the date and time of a scheduled inspection. If the li- cense holder or an authorized representative of the license holder is not present at the time of the scheduled inspec- tion and the inspector is una- ble to obtain entry to the rental unit, a second inspection will be scheduled. (1) The license holder may cancel a scheduled in- spection once without Book 146 Special Session, April 18, 2016 113 payment of a rescheduling fee, provided the city manager or the city man- ager's designee is notified of the cancellation not less than two (2) business days prior to the scheduled in- spection. Section 106.2. Notice of violation. Amend- ed to read: 106.2. Notice of violation. The code offi- cial shall serve a notice of violation or or- der in accordance with Section 107. This section does not impose a duty to initially charge all municipal infractions upon simple notice of violation. Section 111.1. Application for appeal. Amended to read as follows: 111.1. Application for appeal. A. Any person directly affected by a decision of the code official or a no- tice or order issued under this code shall have the right to appeal to the applicable board of appeals, pro- vided a written application for ap- peal is filed within 20 days after the day the decision, notice or order was served. An application for ap- peal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means. B. There will be two boards for hearing appeals on matters covered by the Property Maintenance Code. 1. The Housing Board of Appeals will hear appeals related to mat- ters under the purview of the Housing & Community Devel- opment Department, including but not limited to residential property and rental housing. The Housing Board of Appeals will use the Property Mainte- nance Code provisions for the handling of appeals. 2. The Building Code Advisory and Appeal Board will hear appeals related to matters under the purview of the Building Services Department including, but not limited to residential, multi- residential, commercial, and in- dustrial property. The Building Code Advisory and Appeal Board will use the provisions of 14-1A-6 for the handling of ap- peals. Section 111.2. Membership of board. Amended to read as follows: 111.2. Membership of board. A. The Housing Board of Appeal will be comprised of five (5) residents of the city appointed by the City Council for terms of three (3) years or until such member’s successor is appointed and qualified. Vacancies must be filled in the same manner as original appointments. Reasona- ble efforts should be made to obtain representation of both tenants and landlords. B. The Building Code Advisory and Ap- peal Board membership will be in accordance with 14-1A-6 of the City of Dubuque Code of Ordinances. Section 111.2.1. Alternate members. De- leted. Section 111.2.5. Compensation of mem- bers. Deleted. Section 111.3. Notice of meeting. Amend- ed to read: 111.3. Notice of meeting. The board shall meet upon notice from the chair- man, within sixty (60) days of the filing of an appeal, or at stated periodic meetings. Section 111.4. Open hearing. Amended to read: 111.4. Open hearing. A. Hearings before the board shall be open to the public and in compli- ance with the provisions of the Iowa open meetings law. B. The appellant, the appellant’s repre- sentative, the code official and any person whose interests are affected shall be given an opportunity to be heard. Section 111.4.1. Procedure. Amended to read: 111.4.1. Procedure. A. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The pro- cedures shall not require compli- ance with strict rules of evidence, but shall mandate that only relevant information be received. B. A quorum shall consist of a minimum of two-thirds of the board member- ship. C. Members of the board shall attend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such pre- scribed number of meetings, it shall constitute grounds for the board to recommend to the city council that Book 146 Regular Session April 4, 2016 114 the member be replaced. The at- tendance of all members shall be entered upon the minutes of all meetings. D. The city manager shall file with the city clerk a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting. E. All administrative, personnel, ac- counting, budgetary and procure- ment policies of the city shall gov- ern the housing board of appeals in its operations. F. Removal: Except as provided in subsection 4 of this section, the city council may remove any member for good cause Section 111.5. Postponed hearing. Amended to read: 111.5. Postponed hearing. Either the city or the appellant may request a postponement of a hearing subject to the approval of the code official. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. Section 111.6. Board Decision. Amended to read: 111.6. Board Decision. The board may, by majority vote, affirm, modify or re- verse the decision of the code official. A. Modification of deadline. The Hous- ing Board of Appeals may not ap- prove an extension of a deadline which exceeds nine (9) months from the date of the notice of viola- tion. Conditions under which a deadline will be extended must be in writing and on file in the Housing & Community Development De- partment. B. Modification to allow variance: Con- ditions under which a variance will be granted must be in writing and on file in the Housing & Community Development Department. Section 111.8. Stays of Enforcement. De- leted. Section 112.4. Failure to comply. Amended to read: 112.4. Failure to comply. Any person who shall continue any work after hav- ing been served with a stop work order, except such work as that person is di- rected to perform to remove a violation or unsafe condition, shall be liable in accordance with Section 1-4-2 of the City of Dubuque Code of Ordinances. Section 202. Definitions. Amended to add definitions for Elevated Blood Level and Lead Based Pain and modify the definition of habit- able space: ELEVATED BLOOD LEVEL: A con- firmed concentration of lead in whole blood of 20 .g/dl (micrograms of lead per deciliter of whole blood) or greater for a single test; or of 15- 19 .g/dl in two (2) consecutive tests three (3) to four (4) months apart. HABITABLE SPACE: Space in a struc- ture for living, sleeping, or eating. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. LEAD BASED PAINT: A paint surface, whether or not defective, identified as having a lead content greater than or equal to one mg/cm2 (milli- grams per centimeter squared) as identified by X-ray fluorescence an- alyzer; or five tenths percent (0.5%) by weight; or five thousand (5,000) parts per million (ppm). Section 302.3. Sidewalks and driveways. Amended to read: 302.3. Sidewalks and driveways. Side- walks, walkways, stairs, driveways, parking spaces and similar areas shall be maintained in accordance with Title 10, Chapter 1 of the City of Dubuque Code of Ordinances and the City of Dubuque’s standards for defective sidewalks. Section 302.4. Weeds. Amended to read: 302.4. Weeds. Premises and exterior property shall be maintained in accord- ance with Section 6-8-2 of the City of Dubuque Code of Ordinances. Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease agreement, in certain circumstances, with a tenant for maintenance in which case a tenant will be responsible for complying with Section 6-8-2. City will provide a lease addendum doc- umenting the agreement for use by landlords. If a landlord prefers to use a different form, upon request of the City a landlord must pro- vide a copy of the written lease agreement to the code official. Section 302.8. Motor vehicles. Amended to read: 302.8. Motor vehicles. See Sections 16-7-1-3 and 16-14-5 of the City of Dubuque Code of Ordinances. Section 304.2. Protective treatment. Amended to read: 304.2. Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cor- nices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and Book 146 Special Session, April 18, 2016 115 decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those be- tween the building envelope and the perimeter of windows, doors and sky- lights, shall be maintained weather re- sistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corro- sion. Oxidation stains and rust shall be removed from exterior surfaces when oxidation stains or rust compromises the function of the building component to perform as designed. Surfaces de- signed for stabilization by oxidation are exempt from this requirement. Section 304.3. Address Identification. Amended to add: Exception: The Fire Official may approve nonconforming address identification. Section 304.14. Insect screens. Insert: May 1 to November 1. Section 304.18.1. Doors. Amended to read: 304.18.1. Doors. Doors providing ac- cess to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort. Such locks shall be installed according to the man- ufacturer’s specifications and main- tained in good working order. Section 305.3. Interior surfaces. Amended to read: 305.3. Interior surfaces. A. Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, loose, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. B. All residential properties receiving federal assistance must be in com- pliance with the Lead Safe Housing Rule at 24 CFR 35 and the Lead Based Paint Poisoning Prevention Act at 42 USC 4822. The owner of federally assisted units must pro- vide certification that the dwelling is in accordance with said regulations. If the federally assisted unit was constructed prior to 1978, upon oc- cupancy a notice must be provided which outlines the lead based paint regulations, the hazards of lead based paint poisoning, the symp- toms and treatment of lead poison- ing, and the precautions to be taken against lead poisoning. C. All residential property must comply with the Residential Lead-Based Paint Hazard Reduction Act of 1992, requiring the disclosure of known information on lead-based paint and lead-based paint hazards before the sale or lease of certain housing built before 1978. Section 308.2.1. Rubbish storage facilities. Amended to add: Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease agreement, in certain circumstances, with a tenant for maintenance in which case a tenant will be responsible for compliance with this provision. City will provide a lease addendum documenting the agreement for use by land- lords. If a landlord prefers to use a different form, upon request of the City a landlord must provide a copy of the written lease agreement to the code official. Section 404.4.2. Deleted. Section 404.4.3. Water closet accessibility. Amended to read as follows: 404.4.3. Water closet accessibility. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. Section 602.3. Heat Supply. Insert: Sep- tember 15 to May 15 Section 602.4. Occupiable work spaces. Insert: September 15 to May 15 Section 602.5. Room temperature meas- urement. Amended to read: 602.5. Room temperature measure- ment. The required room temperatures shall be measured three (3) feet above the floor, at the inside wall. Section 605.2. Receptacles. Amended to add: Exception: In lieu of every habitable space in a dwelling containing two separate and re- mote receptacle outlets, one receptacle and a separate permanently installed light fixture is allowable. Appendix A: Deleted. Section 4. 14-1J-3 of the City of Dubuque Code of Ordinances will read: 14-1J-3: RENTAL LICENSES A. Rental License Required: No proper- ty owner, manager, or licensed real estate professional may let to an- other for rent and/or occupancy any dwelling, dwelling unit, housekeep- ing unit, rooming house, rooming unit, or sleeping unit, as defined by the Property Maintenance Code Book 146 Regular Session April 4, 2016 116 and hereinafter cumulatively re- ferred to as “rental unit” in the city unless such person holds a current rental license issued by the city manager in the name of the proper- ty owner, manager, or licensed real estate professional for the specific rental unit. B. Application Requirements: Comple- tion of a rental license application must be made by the property own- er, manager, or licensed real estate professional and must including, but not limited to the following infor- mation: 1. Address of the rental unit(s), in- cluding correct unit identifica- tions 2. Number and type of rental units in the structure 3. Owner’s Name and contact in- formation, including a. Mailing address b. Telephone number during normal business hours c. Telephone number in the event of an emergency d. Email address, if available 4. If the property owner has re- tained a property manager the property owner must provide the following information: a. Property manager’s name b. Property manager’s mailing address c. Property manager’s tele- phone number during nor- mal business hours d. Property manager’s tele- phone number in the event of an emergency e. Property manager’s email address, if applicable f. A statement that the property manager or real estate pro- fessional has the same au- thority and responsibility as the property owner for main- taining the rental unit(s). 5. The property owner, manager, or licensed real estate professional must designate a responsible agent to represent the property owner, manager, or licensed re- al estate professional whenever the property owner, manager, or licensed real estate professional is not available for maintenance of the dwelling for which a li- cense is sought. The agent must have the same authority and responsibility as the proper- ty owner for maintaining the rental unit(s). C. Duty to report changes. The proper- ty owner or registered manager or real estate professional is responsi- ble to inform the City of any subse- quent changes to any information on the rental license application which has changed at the time of such changes, any at any time changes occur after the initial regis- tration. D. Rental License Fees: The City Council, by resolution, establishes a fee schedule to defray the costs of inspections, enforcement, and ad- ministration of the provisions of this code. E. Rental license term. 1. Rental licenses will be issued for a term of one year. A rental li- cense issued during the course of the year will be put on the standard cycle for rental license expiration which may result in a prorated rental license term of less than one year. 2. If a property owner, manager, or licensed real estate professional is designated a priority category under section 14-1J-4 of this chapter, the city manager may reduce the term of the rental li- cense from an annual license to a quarterly license until such time as the priority category has gone twelve (12) consecutive months without a violation which would qualify the individual for priority category status. F. Annual license renewal. 1. Rental licenses must be renewed annually, upon notice issued by the city manager to the property owner or registered manager or licensed real estate professional holding the rental license(s). 2. Application for renewal of a rental license may be made within six- ty (60) days prior to the expira- tion of an existing rental license. 3. Application for renewal of rental licenses will be sent at the be- ginning of each calendar year and must be remitted within six- ty (60) days. G. Renewal fees due. Renewal fees will be invoiced at the beginning of each calendar year and must be remitted within sixty (60) days. Fail- ure to pay required fees is a viola- tion of this code and may result in monetary penalties, license sus- Book 146 Special Session, April 18, 2016 117 pension, license revocation, issu- ance of a notice to vacate to ten- ants, and/or issuance of municipal infractions. H. Rental license not transferable. Rental licenses are not transferable from one property to another. Rent- al licenses are not transferrable from one owner to another in the event of property sale. It is the re- sponsibility of the property owner, manager, or licensed real estate professional holding a rental license to provide the city manager written notice, within five (5) working days, of transferring or otherwise dispos- ing of ownership or control of the property. The notice must include the available information on the buyer. It is the responsibility of the property buyer to license the prop- erty in his/her name or company name. I. Conditions of rental licenses: The city manager is hereby authorized to is- sue and renew a rental licenses in the name of the applicant property owner, manager, or licensed real estate professional, provided the following criteria are met: 1. Property Maintenance Code Warranty. The rental unit is war- ranted by the property owner, manager, or licensed real estate professional to substantially comply with the Property Maintenance Code. 2. Fees. All fees required pursuant to the issuance of a rental li- cense are paid in full to the city. 3. Successful Rental Property Man- agement Class: a. The property owner or man- ager has completed the Successful Rental Property Management class (the Pro- gram) or a program of con- tinuing education approved by the city manager. b. Until such time as the proper- ty owner or manager has completed the program or an equivalent program of continuing education ap- proved by the city manager, only a temporary rental li- cense may be issued. c. A property owner or manager who has completed the pro- gram since 2000 according to the city's records, or who can provide other proof of completion, will be exempt- ed from this requirement. d. Licensed real estate profes- sionals are exempted from the crime free multi-housing program attendance re- quirement. e. The city manager may waive the Program requirement upon the submission of a written request by a property owner, manager, or licensed real estate professional and after finding that: (1) The property is properly licensed by the city of Dubuque; (2) The property has no his- tory of priority category designation or any founded code violations within the previous twelve (12) months; and (3) A waiver will not provide the property owner with an unfair advantage in a competitive real estate market. 4. Criminal Background Checks: a. The property owner, manag- er, or licensed real estate professional agrees to con- duct background checks for all prospective tenants whose tenancy commences on or after July 1, 2011. A background check may be performed using the city's free background check ser- vice or by another back- ground check service ap- proved by the city manager. b. The city manager may waive the criminal background check requirement upon the submission of a written re- quest by a property owner, manager, or licensed real estate professional and after a finding that: (1) The property is properly licensed by the city of Dubuque; (2) The property has no his- tory of priority category designation or any founded code violations within the previous twelve (12) months; and (3) A waiver will not create a danger to nearby resi- dents. Book 146 Regular Session April 4, 2016 118 J. Suspension and Revocation of rental license. 1. The city manager may, for good cause, suspend or revoke a rental license for a rental unit, and in the case of a multi-family dwelling, suspend the license as to one or more rental units for a period not to exceed one year for any of the following: a. Conviction or judgment of the licensee for violation of any provision of the Property Maintenance Code; b. Misrepresentation by the li- censee of any material fact in the application for a rental license; c. Refusal by the licensee to permit inspection of the li- censed rental unit(s) by au- thorized city personnel; d. Nonpayment of the fee for re- newal of the rental license; e. Failure to attend the Success- ful Rental Property Man- agement class; or f. Failure to perform a required criminal background check on an applicant for tenancy after July 1, 2011. g. Failure of a priority category to comply with an inspection schedule or pay inspection fees. Tenants will be relo- cated from the rental unit at the priority category's ex- pense. 2. Prior to any suspension or revo- cation under this subsection, the city manager must give notice in writing to the property owner, manager, or licensed real estate professional and provide for an opportunity to appeal. 3. During the period of revocation or suspension, a unit for which the rental license was suspended or revoked may not be relicensed. 4. The city manager shall cause to be issued to the licensee a no- tice that the license is suspend- ed or revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the city manager. 5. Appeal. The licensee may appeal the decision of the city manager to the housing code appeals board. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation. 6. Upon suspension or revocation the city manager must give writ- ten notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within a time frame determined by the city manager. Any tenant who fails to vacate the premises after such time shall be subject to penalties under Title 1, Chapter 4 of the city code. K. Relationship of rental license to oth- er codes: The issuance of a rental license for a rental unit does not in any way signify or imply the rental unit conforms with Iowa law or the city code, nor does the issuance of a license relieve the property own- er, manager, or licensed real estate professional of the responsibility for compliance with applicable Iowa law and the city code. Section 5. Section 14-1J-4 of the City of Dubuque Code of Ordinances will read: 14-1J-4: PRIORITY CATEGORY: A. Priority Category Designated: The city manager may designate a property owner, manager, or li- censed real estate professional a priority category for purposes of the housing code if three (3) times with- in a period of twelve (12) consecu- tive months the property owner, manager, or licensed real estate professional: 1. Has a rental license suspended; 2. Has a rental license revoked; 3. Is noncompliant with housing code orders in excess of ninety (90) days without either an ex- tension of time or variance from the housing code appeals board or good faith progress as de- termined by the city manager; 4. Fails to perform a mandated criminal background check on a tenant; or 5. Receives a citation for a housing code violation. B. Notice Of Priority Category Status: Whenever the city manager desig- nates a property owner, manager, or licensed real estate professional to be a priority category under sub- section A of this section, the city manager must give notice of the designation to the property owner, manager, or licensed real estate professional responsible. Each no- tice must: Book 146 Special Session, April 18, 2016 119 1. Be in writing; 2. Include a listing of the basis for designating the property owner, manager, or licensed real estate professional a priority category; 3. Be served upon the property owner, manager, or licensed re- al estate professional by deliver- ing the same at the property owner, manager, or licensed re- al estate professional's resi- dence, office, or place of busi- ness in person or by mailing by certified mail or regular mail to such address. All such mail must bear indicia requesting re- turn to sender or forwarding ad- dress if not deliverable as ad- dressed; and 4. Contain a statement that: a. The property owner, manag- er, or licensed real estate professional may appeal from the notice of the city manager to the housing code appeals board; b. An appeal must be made in writing and filed with the city manager within twenty (20) days from the date of ser- vice of the designation no- tice; and c. A failure to appeal will consti- tute a waiver of all rights to an appeal. 5. This section may not be inter- preted to prevent the enforce- ment and imposition of fines and penalties for housing code viola- tions. Section 6. Section 14-1J-5 of the City of Dubuque Code of Ordinances will read: 14-1J-5: PROCEDURE FOR HEARING APPEAL OF PRIORITY CATEGORY STA- TUS: A. Notice Of Appeal: A property owner, manager, or licensed real estate professional designated a priority category by the city manager under section 14-1J-4 of this chapter may appeal to the housing code appeals board for a reconsideration of such status. An appeal must be filed in writing within twenty (20) days of the notice of designation as a priori- ty category. The notice of appeal must include the following: 1. Name and address of the appel- lant; 2. A brief statement in ordinary and concise language of any materi- al facts claimed to support the contentions of the appellant; 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the order appealed from should be reversed; and 4. The signature of the appellant and the appellant's mailing ad- dress. B. Appeal Filing Fee: At the time of fil- ing the notice of appeal, the appel- lant must pay therewith a filing fee in an amount set by the city man- ager. If the board reverses the des- ignation, the fee will be fully refund- ed. C. Notice Of Hearing: Upon receipt of a notice of appeal filed pursuant to this section, the chairperson of the board must fix a date, time, and place for hearing the appeal, within sixty (60) days from the date the appeal, unless agreed upon by the appellant and city. Written notice of the time and place of the hearing must be given at least ten (10) days prior to the date of the hearing to the appellant either by causing a copy of such notice to be personally delivered to the appellant or by mailing a copy thereof to the appel- lant's address shown on the notice of appeal. D. Waiver: The failure to file a notice of appeal in accordance with this sec- tion constitutes a waiver of the ap- peal. E. Appeals Process: The Housing Board of Appeals shall adopt and make available to the public through the secretary procedures under which a hearing will be con- ducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be re- ceived. F. Appeals Board Action: Following the hearing, the housing code appeals board may, by a majority vote, af- firm the designation or reverse the designation. Section 7. Section 14-1J-6 of the City of Dubuque Code of Ordinances will read as fol- lows: 14-1J-6: INSPECTION OF PROPERTIES OWNED BY PRIORITY CATEGORY: The city manager or the city manager's de- signee may order the inspection of any or all properties owned or managed by a priority category. The fee for such inspection will be as set by the city manager. The properties may be put on an accelerated inspection schedule by the city manager or the city manager's de- Book 146 Regular Session April 4, 2016 120 signee. If a priority category fails to comply with an inspection schedule or pay any inspec- tion fee, the rental license may be suspended or revoked and the tenants relocated from the unit at the priority category's expense. Section 8. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Dubuque hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsec- tions, sentences, clauses and phrases be de- clared unconstitutional. Section 9. That nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. Section 10. That the City Clerk is hereby ordered and directed to cause this legislation to be published. Section 11. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect on July 1, 2016. Passed, approved, and adopted this 4th day of April, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of April, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Fiscal Year 16 Sewershed 5 Manhole Project Award: City Manager recommending award of the construction contract for the FY16 Sewershed 5 Sanitary Sewer Manhole Project to the low bidder McDermott Excavating. Mo- tion by Lynch to receive and file the docu- ments and adopt Resolution No. 121-16 Awarding public improvement contract for the FY16 Sewershed 5 Sanitary Sewer Manhole Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 121-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE FY16 SEWERSHED 5 SANITARY SEWER MANHOLE PROJECT Whereas, sealed proposals have been submitted by contractors for the FY16 Sew- ershed 5 Sanitary Sewer Manhole Project, (the Project) pursuant to Resolution No. 65-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of March, 2016; and Whereas, said sealed proposals were opened and read on the 24th day of March, 2016 and it has been determined that McDer- mott Excavating of Dubuque, Iowa with a bid in the amount of $48,224.00 is the lowest re- sponsive, responsible bidder for the Project. 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 McDermott Ex- cavating and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 4th day of April, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Placement of Public Input on City Coun- cil Agenda: City Attorney and City Clerk sub- mitting information for City Council discussion about the placement of the Public Input section on the City Council agenda. Motion by Con- nors to receive and file the documents and have discussion. Seconded by Resnick. Mayor Buol asked that the discussion lead to final wording of a motion. Discussion centered around placing public input before or after oth- er agenda categories; establishing a maximum time for the entire section as well as a time limit for individual comment; if comments would be allowed on Action Agenda Items, all items and/or items not on the evening’s agen- da; consideration of Council Members’ and citizens’ work schedules; and consider adjust- ing the start time of regular sessions of the Council to 6:00 p.m. Staff was asked to draft two amendments that would allow Council to discuss adjusting the meeting start time sepa- rate from the public input item. Restated motion by Connors for staff to draft two amendments to the City of Dubuque Code of Ordinances; One to place public input at the podium after the Public Hearing section of the Council agenda for input on Action Agenda items or other non-agenda/City Coun- cil business topics to exclude Consent and Public Hearing items with a five-minute time limit on individual comments for a combined maximum of 30 minutes for all comments; and a second amendment adjusting the start time of the Council’s regular sessions to 6:00 p.m. Seconded by Resnick. Motion carried 7-0. 4. Request for Work Session - Skills Gap Report: City Manager recommending the City Council schedule a work session for Monday, May 2, 2016 at 5:30 p.m. for Greater Dubuque Development Corporation President & CEO Book 146 Special Session, April 18, 2016 121 Rick Dickinson to give a presentation on the Skills Gap Report. Motion by Connors to re- ceive and file the documents and set the work session as recommended. Seconded by Jones. Motion carried 7-0. 5. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour: City Manager recommending the City Council schedule a work session/walking tour of the Bee Branch Creek Restoration Project for Monday, May 9, 2016 beginning at 5:30 p.m. at the parking lot at Garfield Avenue and Pine Street. Motion by Connors to receive and file the documents and set the work session as recommended. Seconded by Del Toro. Council was reminded that May 9 is not a regular Council meeting night. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol reported on the Mississippi River Cities and Towns Initiative White House Water Summit he attended in Washington D.C. March 7-10, 2016 noting topics around nation- al and regional water issues. PUBLIC INPUT Larry Regan of A1 Taxi, Brett Hahlen of #1 Green Cab and Mark Lightcap of Starlight Taxi expressed their concerns with UBER potential- ly doing business in Dubuque and what they perceived as possible disparities between the local taxi companies and UBER citing driv- er/company licensing, driver background checks, insurance requirements, ridership coverage and community connections. Mayor Buol asked that the speakers provide infor- mation to the City Clerk to be included with information coming from staff for Council re- view. CLOSED SESSION Mayor Buol stated for the record that the attorney who will consult with the City Council on the issues to be discussed in closed ses- sion is Assistant City Attorney Crenna Brum- well. Motion by Jones to convene in closed ses- sion at 7:35 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Resnick. Motion carried 7-0. Upon motion the City Council reconvened in open session at 7:45 p.m. stating that staff had reported an update to City Council. There being no further business, upon mo- tion the City Council adjourned at 7:46 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:15 p.m. on April 18, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro-Tem Jones (joined and 6:02 p.m.) Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Man- ager Van Milligen, Assistant City Attorney Brumwell (joined at 5:19 p.m.) Absent: Mayor Buol Council Member Resnick read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Inclusive Dubuque. ELECTION OF PRESIDING OFFICER In the absence of Mayor Buol and Mayor Pro-Tem Jones, Council Member Connors motioned to elect At-Large Council Member Resnick as Presiding Officer. Seconded by Lynch. Motion carried 5-0. WORK SESSION Inclusive Dubuque Quarterly Report Human Rights Director Kelly Larson opened the work session with a statement that referenced the resent cross burning incident. Ms. Larson introduced Katrina Neely Farren- Eller, Inclusive Dubuque Coordinator; Eric Dregne, Vice President Strategic Initiatives Community Foundation of Greater Dubuque; Sharon Covey, Dubuque Community Y/restorative strategies; Pauline Chilton, 4 the People; Art Roche, Marshallese Health Pro- ject; Matt Daughenbaugh, Mercy Medical Cen- ter Safe Zone training and generational differ- ences in the workplace; David Schmitz, Dubu- que Museum of Art (not in attendance); Stacia McDermott, Children of Abraham; Erin Van- Laningham, Cultural Competency Honors Pro- gram; Peter Smith, University of Dubuque stu- dent recruitment who presented on the follow- ing topics. • Mission Statement: Inclusive Dubuque is a local network of community lead- ers from fail, labor, education and government dedicated to advancing justice and social equity in our com- munity. • Inclusive Dubuque Network Partners • History of Inclusive Dubuque Book 146 Regular Session April 18, 2016 122 • Purpose: Organizes people, identifies opportunities, takes action to chal- lenge and change social and econom- ic structure • Community Equity Profiles and Com- munity Survey Participation/Summary: economic wellbeing, housing, educa- tion, health, safe neighborhoods, transportation, arts/culture o Equity Working Groups: purpose, membership, data sources, pro- cess; results and indicators • The Network @ Work: Loras College Honors Program; 4 the People; Chil- dren of Abraham; Dubuque Marshall Islands Health Project; City of Dubu- que. The City Council had discussion with the presenters following the presentation. There being no further business, upon mo- tion the City Council adjourned at 6:29 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 18, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol (via phone), Mayor Pro-Tem Jones; Council Members Connors, Del Toro, Lynch, Resnick, Rios; City Manager Van Milligen, Assistant City Attorney Brumwell Mayor Pro-Tem Jones 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 PRESENTATION Project Manager Steve Brown, Water & Resource Recovery Center Manager William O’Brien, and retired W&RRC Manager Jona- than Brown presented the 2016 "Best in State" Engineering Excellence Award from the Amer- ican Council of Engineering Companies of Wisconsin recognizing the Water & Resource Recovery Center (W&RRC) Facility Upgrade Project. PROCLAMATION(S) Days of Caring Weekend (April 22-23, 2016) was accepted by Jesse Ehrlich of the Days of Caring Committee. Money Smart Week (April 23-30, 2016) was accepted by Amy Muchmore of the Car- negie-Stout Public Library. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Council Member Connors requested Item Nos. 30 and 31 (Marquette Hall and Paragon Square Urban Revitalization Withdrawal of Petitions) be held for separate discussion. Motion carried 7-0. 1. Minutes and Reports Submitted: Upon motion the documents were received and filed. Cable TV Commission of 2/3; City Council Proceedings of 4/4; Community Development Advisory Commission of 3/16; Five Flags Civic Center Advisory Commission of 3/28; Proof of Publication for City Council Proceedings of 3/21; Proof of Publication for Delinquent Utility Book 146 Regular Session, April 18, 2016 123 Collection Accounts of 4/1; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 2/29. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Nathaniel and Megan Darby for property damage; James Sullivan/Nationwide Insurance for property damage; Tiffany Welton for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Nathaniel Darby for property damage; James Sullivan for property damage; Tiffany Welton for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Art on the River Selections: Arts and Cultural Affairs Advisory Commission request- ing City Council concurrence with the selection of artwork for the 2016 Art on the River Exhibi- tion. Upon motion the documents were re- ceived, filed and concurred. 5. White House Water Summit: City Man- ager transmitting a copy of the agenda that includes Mayor Roy Buol from the White House Water Summit held March 22, 2016 in Washington D.C. Upon motion the document was received and filed. 6. Authorization to Sign Purchase Con- tracts/Offers to Buy: City Manager recom- mending authorization for the Housing and Community Development Department Director to sign Purchase Contracts/Offers to Buy on behalf of the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 122-16 Authorizing the Hous- ing and Community Development Director to execute purchase contracts/offers to buy on behalf of the City of Dubuque subject to final approval by the City Council was adopted. RESOLUTION NO. 122-16 AUTHORIZING THE HOUSING AND COM- MUNITY DEVELOPMENT DIRECTOR TO EXECUTE PURCHASE CONTRACTS /OFFERS TO BUY ON BEHALF OF THE CITY OF DUBUQUE SUBJECT TO FINAL APPROVAL BY THE CITY COUNCIL NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Housing and Community Development Director shall have the authority to sign the following documents on behalf of the City: (a) Purchase Contracts (b) Offers to Buy All contracts/offers will be contingent on final approval of the City Council. If City Council does not approve the Purchase Contract or Offer to Buy the agreement is null and void. Section 2. The Department Director may delegate the authority granted herein provided such delegation is in writing. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 7. AECOM Technical Services, Inc. Sup- plemental Agreement #16 for the Southwest Arterial Project: City Manager recommending approval for the City Manager to execute the Consultant Professional Services – Supple- mental Agreement with AECOM Technical Services, Inc. to include the completion of right-of-way property acquisition for the Southwest Arterial Project, subject to the con- currence of the Iowa Department of Transpor- tation. Upon motion the documents were re- ceived and filed and Resolution No. 123-16 Approving the Consultant Professional Ser- vices - Supplemental Agreement No. 16 be- tween AECOM Technical Services, Inc. and the City of Dubuque for the completion of final Engineering Design Phase of the Southwest Arterial Project was adopted. RESOLUTION NO. 123-16 APPROVING THE CONSULTANT PROFES- SIONAL SERVICES -SUPPLEMENTAL AGREEMENT NO. 16 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE CITY OF DUBUQUE FOR THE COMPLE- TION OF FINAL ENGINEERING DESIGN PHASE OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque is proceed- ing with the Southwest Arterial Project, from U.S. Highway 20 to U.S. Highway 61/151, in Dubuque, Iowa; and Whereas, as a result of Iowa DOT specifi- cation modifications, the original scope of ser- vices needs to be revised to reflect modifica- tions to previously-completed design elements, as well as new tasks which are required to continue to advance the completion of the final engineering design phase; and Whereas, the Consultant Professional Ser- vices - Supplemental Agreement authorizes AECOM to provide the revised scope of ser- vices to continue to advance the completion of the final engineering design phase. Book 146 Regular Session April 18, 2016 124 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Consultant Profes- sional Services - Supplemental Agreement No. 16 between AECOM Technical Services, Inc. and the City of Dubuque for the final engineer- ing design phase of the Southwest Arterial project is hereby approved, subject to the con- currence of the Iowa Department of Transpor- tation. Section 2. That the City Manager be au- thorized and directed to execute three copies of said Consultant Professional Services - Supplemental Agreement No. 16 with AECOM Technical Services, Inc. for the final engineer- ing design phase of the Southwest Arterial project. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 8. 28E Agreement - Key West Drive Re- construction Project: City Manager recom- mending approval of a resolution to rescind Resolution No 86-16 and authorize the Mayor to executed a revised 28E Agreement for the reconstruction of Key West Drive. Upon motion the documents were received and filed and Resolution No. 124-16 Rescinding Resolution No. 86-16 and approving a 28E Agreement between the City of Dubuque and Dubuque County for the reconstruction of Key West Drive was adopted. RESOLUTION NO. 124-16 RESCINDING RESOLUTION NO. 86-16 AND APPROVING A 28E FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE RECON- STRUCTION OF KEY WEST DRIVE Whereas, Dubuque County rejected the 28E Agreement pending further review and revisions; and Whereas, the City Council passed Resolu- tion 86-16, dated March 14, 2016, approving the 28E Agreement between the City of Dubu- que and Dubuque County for the reconstruc- tion of Key West Drive; and Whereas, the 28E Agreement will be re- vised and Resolution 86-16 should be rescind- ed. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. The City Council of the City of Dubuque, Iowa hereby approves of, accepts and consents to the revised 28E Agreement between the City of Dubuque and Dubuque County. Section 2. Resolution 86-16 is hereby re- scinded. Section 3. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque the revised 28E Agreement. Passed, adopted and approved this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 9. Southwest Arterial Property Acquisitions: City Manager recommending approval of reso- lutions accepting Grants of Easements and Deeds from numerous property owners for the purchase of property for the Southwest Arterial Project. Upon motion the documents were received and filed and Resolution No. 125-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project from Alice R. Kelly; Resolution No. 126-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project From Madeline Kotz; Resolution No. 127-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project From Wesley A. Siebe and Sandra S. Siebe; Resolution No. 128-16 Accepting a Grant of Temporary Con- struction Easement for the Southwest Arterial Project From Dutrac Community Credit Union; Resolution No. 129-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project From Isaac Hanna LLC; Resolution No. 130-16 Accepting a Deed for the Southwest Arterial Project From Isaac Hanna L.L.C.; Resolution No. 131-16 Accept- ing a Grant of Temporary Construction Ease- ment for the Southwest Arterial Project From Pioneers Rest Area LLLP; Resolution No. 132- 16 Accepting a Deed for the Southwest Arterial Project From Leroy J. Bettcher and Jeanette Bettcher; Resolution No. 133-16 Accepting a Deed for the Southwest Arterial Project From R & M Quality Investments, LLC; Resolution No. 134-16 Accepting a Grant of Temporary Construction Easement for the Southwest Ar- terial Project from Leroy J. Bettcher and Jean- ette Bettcher; and Resolution No. 135-16 Ac- cepting a Deed for the Southwest Arterial Pro- ject from Leroy J. Bettcher and Jeanette Bet- tcher were adopted. RESOLUTION NO. 125-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM ALICE R. KELLY Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- ment for the Southwest Arterial Project with Alice R. Kelly for the property legally described as: Book 146 Regular Session, April 18, 2016 125 A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the South- west ¼ of the Southeast ¼ of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, Coun- ty of Dubuque, State of Iowa as more particularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 126-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM MADELINE KOTZ Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- ment for the Southwest Arterial Project with Madeline Kotz for the property legally de- scribed as: A parcel of land situated in part of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Southwest ¼ of the Southeast ¼ of Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa as more particularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 127-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM WESLEY A. SIEBE AND SANDRA S. SIEBE Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- ment for the Southwest Arterial Project with Wesley A. Siebe and Sandra S. Siebe for the property legally described as: A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Southwest ¼ of the Southeast ¼ of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 128-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM DUTRAC COMMUNITY CREDIT UNION Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- ment for the Southwest Arterial Project with DuTrac Community Credit Union for the prop- erty legally described as: A parcel of land situated in part of Lot 2 of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa as more particularly shown on the Temporary Easement exhibit at- tached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session April 18, 2016 126 RESOLUTION NO. 129-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM ISAAC HANNA LLC Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- ment for the Southwest Arterial Project with Isaac Hanna LLC for the property legally de- scribed as: A parcel of land situated in part of Lot A of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa as shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 130-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM ISAAC HANNA LLC Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Isaac Hanna LLC for the property legally described as follows: A parcel of land situated in part of Lot A of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa as shown on the Acquisition Plat attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 131-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM PIONEERS REST AREA LLLP Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- ment for the Southwest Arterial Project with Pioneers Rest Area LLLP for the property le- gally described as: A parcel of land situated in part of Lot 3 of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa as more particularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 132-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM LEROY J. BETTCHER AND JEANETTE BETTCHER Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bettcher for the proper- ty legally described as follows: A parcel of land situated in part of Lot 2 of Lot 2 of Lot 1 of the Southeast ¼ of the Southeast ¼ and part of Lot 2 of Lot 1 of Lot 2 of Lot 1 of the Southeast ¼ of the Southeast ¼ all in Section 29, Town- ship 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubu- que, State of Iowa as more particularly shown on the Acquisition Plat exhibit at- tached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Book 146 Regular Session, April 18, 2016 127 Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 133-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM R & M QUALITY INVESTMENTS, LLC Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bettcher for the proper- ty legally described as: A parcel of land situated in part of Lot 2 of Lot 2 of Lot 1 of the Southeast ¼ of the Southeast ¼ and part of Lot 2 of Lot 1 of Lot 2 of Lot 1 of the Southeast ¼ of the Southeast ¼ all of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County of Dubuque, State of Iowa as more par- ticularly shown on the Acquisition Plat exhibit attached hereto; and Whereas, R & M Quality Investments, LLC is a tenant; and Whereas, the City is required to obtain a release of the Tenant’s rights; and Whereas, R & M Quality Investments, LLC has released its rights with the attached Quit Claim Deed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Quit Claim Deed from R & M Quality Investments, LLC attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 134-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM LEROY J. BETTCHER AND JEANETTE BETTCHER Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- ment for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bettcher for the property legally described as follows: A parcel of land situated in part of Lot 2 of Lot 2 of the Southwest ¼ of the Southeast ¼ and in part of Lot 2 of Lot 2 of Lot 1 of the Southeast ¼ of the Southeast ¼ all in Section 29, Town- ship 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa as more par- ticularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 135-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM LEROY J. BETTCHER AND JEANETTE BETTCHER Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bettcher for the proper- ty legally described as follows: A parcel of land situated in part of Lot 2 of Lot 2 of the Southwest ¼ of the Southeast ¼ of Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa as more particularly shown on the Acquisition Plat exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 10. Purchase of Property - 2249 Harold Street: City Manager recommending authoriza- tion to acquire a property located at 2249 Har- old Street from Beth A. Brown for rehabilitation and sale to a qualified homebuyer. Upon mo- tion the documents were received and filed and Resolution No. 136-16 Approving the ac- quisition of real estate owned by Beth A. Brown at 2249 Harold Street in the City of Dubuque was adopted. Book 146 Regular Session April 18, 2016 128 RESOLUTION NO. 136-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY BETH A BROWN AT 2249 HAROLD STREET IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of rehabbing and reselling the property to income qualified households; and Whereas, a purchase agreement has been finalized with the owner of the property sched- uled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legal- ly described property: Lot 30 and the North 5 feet of Lot 33 in J.P. Schroeder’s Addition in the City of Dubuque, Iowa according to the rec- orded plat thereof, at the cost of Seven- ty-Nine Thousand Two Hundred Forty Dollars ($79,240.00). Section 2. That the City of Dubuque hereby approves the acquisition of 2249 Harold Street owned by Beth A. Brown at the cost of Seven- ty-Nine Thousand Two Hundred Forty Dollars ($79,240.00). Section 3. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 5. That the City Clerk be and is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 11. Five Flags Civic Center - Fiscal Year 2017 Detailed Operating Budget: City Manager recommending approval of the detailed Fiscal Year 2017 Operating Budget for the Five Flags Civic Center submitted by SMG. Upon motion the documents were received, filed and ap- proved. 12. Community Foundation of Greater Dubuque - Iowa Reading Corps Agreement: City Manager recommending approval of a grant agreement with the Community Founda- tion of Greater Dubuque for Summer Academy 2016 AmeriCorps programming and wrap around care. Upon motion the documents were received, filed and approved. 13. SRF Green Alley Project Bid Set 2 - Year 2 Acceptance: City Manager recom- mending acceptance of the SRF Green Alley – Bid Set 2 Year 2 Project as completed by Drew Cook and Sons Excavating, and further recommends that the City Council adopt the Final Schedule of Assessments. Upon motion the documents were received and filed and Resolution No. 137-16 Accepting the SRF Green Alley Project - Bid Set 2 Year 2 and authorizing the payment of the contract amount to the contractor; and Resolution No. 138-16 Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 2 Year 2 were adopted. RESOLUTION NO. 137-16 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 2 YEAR 2 AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 2 Year 2 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the SRF Green Alley Project fund for the contract amount of $838,960.44 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN ALLEY PROJECT - BID SET 2 YEAR 2 The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the SRF Green Alley Project - Bid Set 2 Year 2, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the Book 146 Regular Session, April 18, 2016 129 total cost of the completed work is $1,099,720.09. Dated this 14th day of April, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of April, 2016. /s/Kevin S. Firnstahl, City Clerk RESOLUTION NO. 138-16 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 2 YEAR 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 3 inclusive, is hereby approved for the SRF Green Alley Project - Bid Set 2 Year 2. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the im- provements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in propor- tion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the no- tice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $500.00 or more are payable in 15 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and will draw annual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Sec- tion 384.65 of the Code of Iowa. Each install- ment will be delinquent from October 1 follow- ing its due date on July 1 of each year. How- ever, when the last day of September is a Sat- urday or Sunday, that amount shall be delin- quent from the second business day of Octo- ber. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk CITY OF DUBUQUE, IOWA SRF GREEN ALLEY PROJECT BID SET 2 – YEAR 2 FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: APRIL 22. 2016 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PARCEL NUMBER; PROPERTY OWNER NAME; LOT DESCRIPTION; STREET AD- DRESS; NET ASSESSED VALUATION; VAL- UATION WITH IMPROVEMENT; NET PAV- ING IMPROVEMENT COST; PUBLIC IM- PROVEMENTS ASSESSMENT LORAS BOULEVARD TO FILLMORE STREET BETWEEN NORTH GRANDVIEW AVENUE AND ADAIR STREET 1023464001; Kimberly Cruciani; Lot 55 Wood- lawn Park Add; 1498 N Grandview Ave; $79,840.00; $80,839.02; $999.02; $999.02 1023464002; Jack, Thomas B & Joanne G; Lot 54 Woodlawn Park Add; 1490 N Grandview Ave; $104,600.00; $105,599.02; $999.02; $999.02 1023464003; Glew, Steven J; Lot 53 Wood- lawn Park Add; 1450 N Grandview Ave; $106,390.00; $107,389.02; $999.02; $999.02 1023464004; Smith, Robert W & Janice K; N 1/2 of Lots 51 & 52 Woodlawn Park Add; 1430 N Grandview Ave; $96,300.00; $97,299.02; $999.02; $999.02 1023464005; Roth, Deborah Ann, Schoen, Karla Kay, Meyer, William Clet; S 1/2 of Lots 51 & 52 Woodlawn Park Add; 1410 N Grandview Ave; $96,940.00; $97,939.02; $999.02; $999.02 1023464006; Mallder, Marian C; Lot 46 Wood- lawn Park Add; 1495 Adair St; $120,430.00; $121,429.02; $999.02; $999.02 1023464007; Clark, Robert P; Lot 47 Wood- lawn Park Add; 1475 Adair St; $76,490.00; $77,489.02; $999.02; $999.02 Book 146 Regular Session April 18, 2016 130 1023464008; Curler, Fred R; Lot 48 Woodlawn Park Add; 1455 Adair St; $92,390.00; $93,389.02; $999.02; $999.02 1023464009; Atchison, Jaime M; Lots 49 & 50 Woodlawn Park Add; 1425 Adair St; $84,010.00; $86,008.05; $1,998.05; $1,998.05 FILLMORE STREET TO DECORAH STREET BETWEEN NORTH GRANDVIEW AVENUE AND ADAIR STREET 1023459001; Fishnick, Tara; Lot 60 Woodlawn Park Add; 1590 N Grandview Ave; $74,790.00; $75,789.02; $999.02; $999.02 1023459002; Baumgartner, Martin; Lot 59 Woodlawn Park Add; 1570 N Grandview Ave; $60,910.00; $62,408.54; $1,498.54; $1,498.54 1023459003; Holman, Richard J & Becky S; Lot 58 & N 1/2 of Lot 57 Woodlawn Park Add; 1554 N Grandview Ave; $100,740.00; $102,238.54; $1,498.54; $1,498.54 1023459004; MN Investments LLC; Lot 56 & S 1/2 of Lot 57 Woodlawn Park Add; 1500 N Grandview Ave; $86,560.00; $88,058.54; $1,498.54; $1,498.54 1023459005; Nemmers, Randall F & Laurie L; Lot 41 Woodlawn Park Add; 1595 Adair St; $98,960.00; $99,959.02; $999.02; $999.02 1023459006; Nemmers, Randall F & Laurie L; Lot 42 Woodlawn Park Add; With 1595 Adair St; $13,500.00; $14,499.02; $999.02; $999.02 1023459007; Davis, Walter E & Cecelia A; Lot 43 Woodlawn Park Add; 1555 Adair St; $78,700.00; $79,699.02; $999.02; $999.02 1023459008; Queck Capital Management LLC; Lot 44 Woodlawn Park Add; 1523 Adair St; $106,620.00; $107,619.02; $999.02; $999.02 1023459009; Steffen, Malorie E.; Lot 45 Woodlawn Park Add; 1511 Adair St; $88,880.00; $89,879.02; $999.02; $999.02 DECORAH STREET TO DELAWARE STREET BETWEEN NORTH GRANDVIEW AVENUE AND ADAIR STREET 1023456001; Ganea, Gheorghe B; Lot 65 Woodlawn Park Add; 1690 N Grandview Ave; $90,690.00; $91,689.02; $999.02; $999.02 1023456002; Peil Jr, George F; Lots 64 & N 1/2 Of Lot 63 Woodlawn Park Add; 1670 N Grandview Ave; $98,270.00; $99,768.54; $1,498.54; $1,498.54 1023456003; Nauman, Robin Marie; Lot 62 & S 1/2 of Lot 63 Woodlawn Park Add; 1630 N Grandview Ave; $99,460.00; $100,958.54; $1,498.54; $1,498.54 1023456004; Matson, Joel Patrick & Amanda Hagen Matson; Lot 61 Woodlawn Park Add; 1610 N Grandview Ave; $109,630.00; $111,128.54; $1,498.54; $1,498.54 1023456005; Burton, Deborah A; Lots 36 & 37 Woodlawn Park Add; 1669 Adair St; $120,730.00; $122,228.54; $1,498.54; $1,498.54 1023456006; Watkins, Tyler R & Wakins, Es- ther J.; Lot 38 Woodlawn Park Add; 1657 Adair St; $78,090.00; $79,089.02; $999.02; $999.02 1023456007; Biedermann, Maxine A; Lot 39 Woodlawn Park Add; 1615 Adair St; $89,370.00; $90,369.02; $999.02; $999.02 1023456008; Biedermann, Maxine A; Lot 40 Woodlawn Park Add; With 1615 Adair St; $15,750.00; $16,749.02; $999.02; $999.02 1023453005; McAuliffe, Mary L & Daniel J; Lot 66 Woodlawn Park Add; With 1738 N Grandview; $21,540.00; $22,539.02; $999.02; $999.02 LORAS BOULEVARD TO FILLMORE STREET BETWEEN NORTH GRANDVIEW AVENUE AND ATLANTIC STREET 1026202002; Knudsen, Penelope M Revoca- ble Trust; Lot 101 Woodlawn Park Add; 1675 Loras Blvd; $85,640; $87,638.05; $1,998.05; $1,998.05 1026202003; McCormick, Joseph J; Lot 100 Woodlawn Park Add; 1673 Loras Blvd; $78,880; $80,878.05; $1,998.05; $1,998.05 1023463001; Reiter, La Vern A & Gayle M; Lot 105 Woodlawn Park Add; 1490 Atlantic St; $113,650; $114,649.02; $999.02; $999.02 1023463002; Hoffmann, Marie J; Lot 104 Woodlawn Park Add; 1470 Atlantic St; $108,770; $109,769.02; $999.02; $999.02 1023463003; Quantum Holdings LLC; Lot 103 Woodlawn Park Add; 1460 Atlantic St; $91,370; $92,369.02; $999.02; $999.02 1023463004; Meyer, Virginia M Trust; Lot 96 Woodlawn Park Add; 1495 N Grandview Ave; $98,410; $99,409.02; $999.02; $999.02 1023463005; Luedtke, Linda M; Lot 97 Wood- lawn Park Add; 1475 N Grandview Ave; $119,830; $120,829.02; $999.02; $999.02 1023463006; Kotz, Jacob & Melissa; Lot 98 Woodlawn Park Add; 1453 N Grandview Ave; $95,330; $96,329.02; $999.02; $999.02 FILLMORE STREET TO DECORAH STREET BETWEEN NORTH GRANDVIEW AVENUE AND ATLANTIC STREET 1023458001; Dolan, Joseph E & Margaret V; Lot 110 Woodlawn Park Add; 1596 Atlantic St; $88,780; $89,779.02; $999.02; $999.02 1023458002; Buechele, Robert & Sandra J; Lot 109 Woodlawn Park Add; 1580 Atlantic St; $99,520; $100,519.02; $999.02; $999.02 1023458003; Glew, Jan J & Patricia M; Lot 108 Woodlawn Park Add; 1550 Atlantic St; $75,510; $76,509.02; $999.02; $999.02 1023458004; Mulert, Teresa M FKA Vander- millen, Teresa M; Lot 107 Woodlawn Park Add; 1548 Atlantic St; $81,710; $82,709.02; $999.02; $999.02 Book 146 Regular Session, April 18, 2016 131 1023458005; Bogosian, Richard A & Tina M A/K/A Richard & Tina Bogosian; Lot 106 Woodlawn Park Add; 1500 Atlantic St; $144,280; $145,279.02; $999.02; $999.02 1023458006; Haigh, Richard W & Pat J; Lot 91 Woodlawn Park Add; 1595 N Grandview Ave; $109,470; $110,469.02; $999.02; $999.02 1023458007; Hoff, Andre W & Kim L; Lot 92 Woodlawn Park Add; 1557 N Grandview Ave; $95,670; $96,669.02; $999.02; $999.02 1023458008; Honkamp, Joyce M Declaration of Trust; Lot 93 Woodlawn Park Add; 1555 N Grandview Ave; $101,270; $102,269.02; $999.02; $999.02 1023458009; Finger, Connie L; Lot 94 Wood- lawn Park Add; 1553 N Grandview Ave; $78,420; $79,419.02; $999.02; $999.02 1023458010; Wiezorek, Charlene Jo; Lot 95 Woodlawn Park Add; 1515 N Grandview Ave; $94,370; $95,369.02; $999.02; $999.02 DECORAH STREET TO DELAWARE STREET BETWEEN NORTH GRANDVIEW AVENUE AND ATLANTIC STREET 1023455001; Sievers, Paul M & Diane M; Lots 115 & N 20' of Lot 114 Woodlawn Park Add; 1698 Atlantic St; $114,690; $116,088.63; $1,398.63; $1,398.63 1023455002; Richard F. Dunbar Separate Property Trust Agreement; Lot 113 & S 30' of Lot 114 Woodlawn Park Add; 1650 At- lantic St; $111,840; $113,438.44; $1,598.44; $1,598.44 1023455003; Johnson, Kelly John & Rebecca Lee; Lot 112 Woodlawn Park Add; 1616 Atlantic St; $122,130; $123,129.02; $999.02; $999.02 1023455004; Smith, Stacey L; Lot 111 Wood- lawn Park Add; 1600 Atlantic St; $134,430; $135,429.02; $999.02; $999.02 1023455005; Kelley, Christina L; Lot 86 Wood- lawn Park Add; 1695 N Grandview Ave; $78,300; $79,299.02; $999.02; $999.02 1023455006; Blackmore, Heather J; Lot 87 Woodlawn Park Add; 1655 N Grandview Ave; $93,120; $94,119.02; $999.02; $999.02 1023455007; World Wide Enterprises LLC; Lot 88 Woodlawn Park Add; 1641 N Grandview Ave; $88,640; $89,639.02; $999.02; $999.02 1023455008; Simon, Russell A & Kara A; Lot 89 Woodlawn Park Add; 1625 N Grandview Ave; $109,250; $110,249.02; $999.02; $999.02 1023455009; Lindecker, Scott J; Lot 90 Wood- lawn Park Add; 1605 N Grandview Ave; $84,190; $85,189.02; $999.02; $999.02 CUSTER STREET TO LORAS BOULEVARD BETWEEN NORTH GRANDVIEW AVENUE AND ALTANTIC STREET 1026205001; Stribling Revocable Trust Dated 1/3/2008; N 1/2 Lot 47 & N 1/2 Lot 48 Tschirgi & Schwinds Sub; 1392 Atlantic St; $98,260; $99,259.02; $999.02; $999.02 1026205002; Duehr, John J.; S 1/2 of Lots 47 & 48 Tschirgi & Schwinds Sub; 1348 Atlan- tic St; $106,010; $107,009.02; $999.02; $999.02 1026205003; Lessei, Sally; Lot 49 Tschirgi & Schwinds; 1334 Atlantic St; $90,390; $91,389.02; $999.02; $999.02 1026205004; Berzins, Mirdza E.; Lot 50 Tschirgi & Schwinds; 1324 Atlantic St; $115,000; $115,999.02; $999.02; $999.02 1026205005; Brauer, Yolanda L; Lot 51 Tschirgi & Schwinds; 1314 Atlantic St; $116,590; $117,589.02; $999.02; $999.02 1026205006; Kurt, Barbara B; Tschirgi- Schwinds Sub 52 Sub 53 Tschirgi- Schwinds Sub 1 Sub 39 Tschirgi-Schwinds Sub 1; 1304 Atlantic St; $106,240; $107,239.02; $999.02; $999.02 1026205007; Lam, Wai C; Lot 60 & W 1/2 Lot 59 Tschirgi & Schwinds Sub; 1628 Loras Blvd; $93,030; $96,027.07; $2,997.07; $2,997.07 1026205009; Risley, James A & Kay F; Lot 1 Earl Place; 1321 N Grandview Ave; $174,970; $176,526.33; $1,556.33; $1,556.33 1026205010; Burds, Ann M & Ronald J; Lot 2 Earl Place; 1311 N Grandview Ave; $145,000; $146,258.98; $1,258.98; $1,258.98 1026205011; Dunbar, Richard F Separate Property Trust; Lot 2-39 & Lot 2-53 Both In Tschirgi & Schwinds Sub; 1302 Atlantic St; $136,550; $138,367.16; $1,817.16; $1,817.16 1026205012; Glanz, Michael E & Dianne L; Lot 1-38 Tschirgi & Schwinds Sub; 1305 N Grandview Ave; $125,070; $127,201.93; $2,131.93; $2,131.93 BUNKER HILL ROAD TO POPLAR STREET BETWEEN ASBURY ROAD AND FINLEY STREET 1023351003; Burian, Mark D. & Dawn M.; Lot 137 Finley Add; 1909 Asbury Rd; $117,150; $118,961.27; $1,811.27; $1,811.27 1023351004; Theisen, Joshua D.; Lot 136 Finley Add; 1905 Asbury Rd; $144,360; $146,171.27; $1,811.27; $1,811.27 1023351005; Allen, Dale R; Lot 135 Finley Add; 1895 Asbury Rd; $164,150; $165,961.27; $1,811.27; $1,811.27 1023351006; Welsh, Vincent W & Marcelline M; Lots 4, 9, 10 & NW 30' of Lots 8 & 11 & NW 40' of Lot 14 Salots Sub; 1889 Asbury Rd; $92,170; $93,267.74; $1,097.74; $1,097.74 1023351007; Chapman, Cynthia J & Morrow, Mary K; Lot 3 Weber Sub; 1885 Asbury Book 146 Regular Session April 18, 2016 132 Rd; $153,330; $154,702.18; $1,372.18; $1,372.18 1023351010; Heri, Monica; Lot 2-1 & 2-2 We- ber Sub; 2339 Poplar St; $109,960; $112,058.37; $2,098.37; $2,098.37 1023351011; Stelken, Joseph L; Lot 2 Sub of 140, 141 142 Finley Add; 1850 Bunker Hill Rd; $155,110; $158,133.61; $3,023.61; $3,023.61 1023351012; Driscoll, Daniel L & Mary Jane; Lot 1 Sub 140, 141 & 142 Finley Add; 1896 Finley St.; $170,290; $172,414.00; $2,124.00; $2,124.00 1023351014; Daly, Jack B; NE 102' of 143 & NE 102' of Lot 144 & NE 102' of 145 Finley Add; 2345 Poplar St; $161,910; $166,983.53; $5,073.53; $5,073.53 14. SRF Green Alley Project Bid Set 3 Year 2 Acceptance: City Manager recom- mending acceptance of the SRF Green Alley – Bid Set 3 Year 2 Project, as completed by Portzen Construction and further recommends that the City Council adopt the Final Schedule of Assessments for this project. Upon motion the documents were received and filed and Resolution No. 139-16 Accepting the SRF Green Alley Project - Bid Se 3 Year 2 and au- thorizing the payment of the contract amount to the contractor; and Resolution No. 140-16 Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 3 Year 2 were adopted. RESOLUTION NO. 139-16 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 3 YEAR 2 AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 3 Year 2 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the SRF Green Alley Project fund for the contract amount of $1,324,282.02 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN ALLEY PROJECT - BID SET 3 YEAR 2 The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the SRF Green Alley Project - Bid Set 3 Year 2, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $1,560,731.58. Dated this 14th day of April, 2016. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of April, 2016. Kevin S. Firnstahl, City Clerk RESOLUTION NO. 140-16 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 3 YEAR 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 3 inclusive, is hereby approved for the SRF Green Alley Project - Bid Set 3 Year 2. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the im- provements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in propor- tion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the no- tice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. Book 146 Regular Session, April 18, 2016 133 The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $500.00 or more are payable in 15 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and will draw annual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Sec- tion 384.65 of the Code of Iowa. Each install- ment will be delinquent from October 1 follow- ing its due date on July 1 of each year. How- ever, when the last day of September is a Sat- urday or Sunday, that amount shall be delin- quent from the second business day of Octo- ber. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk CITY OF DUBUQUE, IOWA SRF GREEN ALLEY PROJECT BID SET 3 – YEAR 2 FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS APRIL 22, 2016 The following schedule is hereby deter- mined to show each lot proposed to be as- sessed for the improvement shown in the title together with the amount proposed to be as- sessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PARCEL NUMBER; PROPERTY OWNER NAME; LOT DESCRIPTION; STREET AD- DRESS; NET ASSESSED VALUATION; VAL- UATION WITH IMPROVEMENT; NET PAV- ING IMPROVEMENT COST; NET PAVING IMPROVEMENT DEFICIENCY; TOTAL PUB- LIC IMPROVEMENT COST; TOTAL NET AS- SESSMENT PLEASANT VIEW TO PUTNAM BETWEEN VENTURA AND BROADWAY 1013303002; McEnany, Ruth Ann; Lot 2-2-1-1 & Lot 2-1 of Mineral Lot 319; 2780 Broad- way St; $90,820; $92,563.14; $1,743.14; $0.00; $1,743.14; $1,743.14 1013305001; Sabers, Kristina K; Lot 1-3- Mineral Lot 319; 2766 Broadway St; $89,380; $90,713.15; $1,333.15; $0.00; $1,333.15; $1,333.15 1013305002; Krabbenhoft, Keith J & Tina J; Lot 2-3-Mineral Lot 319; 2764 Broadway St; $102,270; $103,203.38; $933.38; $0.00; $933.38; $933.38 1013305003; Plunkett, Brian L & Peggy A; Lot 3-3-Mineral Lot 319; 2760 Broadway St; $84,540; $85,473.38; $933.38; $0.00; $933.38; $933.38 1013305004; Turner, Erwin G; Lot 4-3-Mineral Lot 319; 2756 Broadway St; $95,110; $96,043.38; $933.38; $0.00; $933.38; $933.38 1013305005; Cross, Anthony J & Angela J; Lot 5-3-Mineral Lot 319; 2752 Broadway St; $103,000; $103,933.38; $933.38; $0.00; $933.38; $933.38 1013305006; Dean, Gerald H & Carmelita; Lot 6-3-Mineral Lot 319; 2750 Broadway St; $84,490; $85,423.38; $933.38; $0.00; $933.38; $933.38 1013305007; Backes, Leslie A; Lot 7-3-Mineral Lot 319; 2746 Broadway St; $88,760; $89,693.38; $933.38; $0.00; $933.38; $933.38 1013305008; Gottschalk, Ronald D & Mary Ann; Lot 5 Blk 1 Broadway Heights; 2730 Broadway St; $106,610; $107,665.26; $1,055.26; $0.00; $1,055.26; $1,055.26 1013305018; Moss, Melvin & Ernestine; Lot 6 Blk 1 Broadway Heights; 2715 Ventura Dr.; $138,930; $140,497.25; $1,567.25; $0.00; $1,567.25; $1,567.25 KING TO MONROE BETWEEN FULTON AND KANE 1013351003; Rang, Andrew J & Christie A; Lot 2-42 Wm Rebman's Sub; 326 Monroe St; $118,450; $120,294.49; $1,844.49; $0.00; $1,844.49; $1,844.49 1013351005; Brown, Marjorie E & Erik W; Lot 45 Wm Rebman's Sub; 330 Monroe St; $59,370; $60,359.36; $989.36; $0.00; $989.36; $989.36 1013351018; Donovan, Justin D; Lot 1-41 & Lot 1-42 Rebman's Sub; 2651 Fulton St; $81,950; $82,939.36; $989.36; $0.00; $989.36; $989.36 1013351019; Sheehan, Erica C; Lot 40 Wm Rebman's Sub; 2645 Fulton St; $72,770; $73,759.36; $989.36; $0.00; $989.36; $989.36 1013351020; Sroka, Denise A; Lot 39 Reb- man's Sub; 2641 Fulton St; $120,270; $121,259.36; $989.36; $0.00; $989.36; $989.36 1013351021; Demers, Eric M; Lot 38 Wm Rebman's Sub; 2635 Fulton St; $105,490; $106,479.36; $989.36; $0.00; $989.36; $989.36 1013351022; Stant, Paul J & Jaymis E; Lot 37 Rebman's Sub; 2629 Fulton St; $134,540; $135,529.36; $989.36; $0.00; $989.36; $989.36 1013351023; Sauser, Douglas C; Lot 36 Reb- man's Sub; 2621 Fulton St; $43,880; $44,869.36; $989.36; $0.00; $989.36; $989.36 Book 146 Regular Session April 18, 2016 134 1013351024; Brandt, Marie M; Lot 2-12 High- land Add and Lot 35 Wm Rebman Sub; 2617 Fulton St; $108,050; $109,045.61; $995.61; $0.00; $995.61; $995.61 1013351025; Petrick, Carol S; Lot 1 Fulton Place; 2605 Fulton St; $94,410; $95,563.19; $1,153.19; $0.00; $1,153.19; $1,153.19 1013351034; Miller, Richard R & Gina M; Lots 43 & 44 Rebman's Sub; 328 Monroe St; $52,040; $54,375.64; $2,335.64; $0.00; $2,335.64; $2,335.64 DECORAH TO DELAWARE BETWEEN ASH- TON AND AVOCA 1023385001;Reding, Ronald J & Chryanne; Lot 322 Woodlawn Park Add;1694 Avoca St; $88,850; $89,738.06; $888.06; $0.00; $888.06; $888.06 1023385002;Engling, Elmer C & Marilyn J; Lots 320 & 321 Woodlawn Park;1674 Avo- ca St; $125,240; $127,016.13; $1,776.13; $0.00; $1,776.13; $1,776.13 1023385004; Richard, Thomas J.;E 1/2 of Lots 318 & 319 Woodlawn Park Add 2155 Dec- orah St; $119,150; $120,926.13; $1,776.13; $0.00; $1,776.13; $1,776.13 1023385005; Gassmann, Lyle A Dec of Tr 10/13/05 Trustee; Lot 306 Woodlawn Park Add; 2120 Delaware St; $146,620; $147,508.06; $888.06; $0.00; $888.06; $888.06 1023385006; Rang, Rosanne M; Lot 307 Woodlawn Park Add; 1657 Ashton Pl; $77,720; $78,608.06; $888.06; $0.00; $888.06; $888.06 1023385007;Schrobilgen, Wayne G & Jeane M; Lot 308 Woodlawn Park Add;1655 Ash- ton Pl; $97,900; $98,788.06; $888.06; $0.00; $888.06; $888.06 1023385008;Selchert, Gina M; Lot 309 Wood- lawn Park Add;1631 Ashton Pl; $103,310; $104,198.06; $888.06; $0.00; $888.06; $888.06 1023385009; Kirschbaum, Don & Ardeth M; Lot 310 Woodlawn Park Add;1625 Ashton Pl; $115,240; $116,128.06; $888.06; $0.00; $888.06; $888.06 KAUFMANN TO W. 23RD (BETWEEN VALE- RIA AND FRANCIS) & VALERIA to ALLEY (BETWEEN W. 23RD AND KAUFMANN) 1024128006; Rupp, Keith D & Jane M; Lot 31 Tivoli Add; 140 W 23rd St; 89,040; $91,360.15; $2,320.15; $0.00; $2,320.15; $2,320.15 1024128007; Arlen, Daniel J & Mary R; W 50' of Lot 30 Tivoli Add 130-1301/2 W 23rd St; 130 W 23rd St; 61,320; $62,208.06; $888.06; $0.00; $888.06; $888.06 1024128008; Queck Capital Management LLC; Lot 34 Tivoli Add 275-275 1/2 Valeria; 275 Valeria St; 62,410; $63,248.94; $838.94; $0.00; $838.94; $838.94 1024128009; Woodward, Jacqueline C; Lot 35 Tivoli Add; 271 Valeria St; 43,900; $44,738.32; $838.32; $0.00; $838.32; $838.32 1024128010; Dublinz 4 LLC; N 1/2 of Lot 36 Tivoli Add; 261 Valeria St; 51,090; $51,518.80; $428.80; $0.00; $428.80; $428.80 1024128011; Dublinz 4 LLC; S 1/2 of Lot 36 Tivoli Add 259-259 1/2 Valeria; 259 Valeria St; 50,890; $51,318.80; $428.80; $0.00; $428.80; $428.80 1024128012; Dix, Ronald; Lot 37 Tivoli Add; 247 Valeria St; 76,740; $77,597.57; $857.57; $0.00; $857.57; $857.57 1024128013; Reding, Stephanie L; Lot 2-40 Tivoli Add; 235 Valeria St; 59,490; $60,331.79; $841.79; $0.00; $841.79; $841.79 1024128015; Harbaugh, Melinda S; Lot 39 Tivoli Add; 191 Kaufmann Ave; 65,850; $66,823.33; $973.33; $0.00; $973.33; $973.33 1024128016; Fortmann, Robert W & Judith A; Lot 38 Tivoli Add; 183 Kaufmann Ave; 86,830; $87,793.91; $963.91; $0.00; $963.91; $963.91 1024128018; McDonald, Timothy M & Kristine M; Lot 29 & N 1/2 of Lot 28 Tivoli Add; 2285 Francis St; 121,500; $122,930.85; $1,430.85; $0.00; $1,430.85; $1,430.85 1024128019; Vanostrand, Dana Jo; S 1/2 of Lot 28 Tivoli Add; 2265 Francis St; 61,120; $61,596.95; $476.95; $0.00; $476.95; $476.95 1024128020; Cupps, Terry A; N 45' of Lot 27 Tivoli Add; 2261 Francis St; 60,940; $61,798.51; $858.51; $0.00; $858.51; $858.51 1024128021; Maiden, Tara J; N 1/2 of Lot 26 & S 5' of Lot 27 Tivoli Add; 2255 Francis St; 72,120; $72,692.34; $572.34; $0.00; $572.34; $572.34 1024128022; Queck Properties LLC; S 1/2 of Lot 26 Tivoli Add; 2249 Francis St; 57,750; $58,226.95; $476.95; $0.00; $476.95; $476.95 1024128023; Pickel, Bonita K; Lot 25 Tivoli Add; 2239 Francis St; 58,490; $59,443.90; $953.90; $0.00; $953.90; $953.90 1024128024; Schwartz, Thomas P & Mary V; Lot 24 Tivoli Add; 2231 Francis St; 107,210; $108,163.90; $953.90; $0.00; $953.90; $953.90 1024128025; Dralle, Keith H. & Susan K; Lot 23 Tivoli Add; 2221 Francis St; 71,740; $72,693.90; $953.90; $0.00; $953.90; $953.90 1024128026; Nodolf, Gary E; Lot 22 Tivoli Add; 2215 Francis St; 64,250; $65,203.90; $953.90; $0.00; $953.90; $953.90 1024128027; Hickson, William J; Lot 2-21 Tiv- oli Add; 2207 Francis St; 55,200; Book 146 Regular Session, April 18, 2016 135 $55,756.17; $556.17; $0.00; $556.17; $556.17 1024128028; Helgerson, Nick A & Sondra J Rev Living Trust; Lot 1-21 Tivoli Add; 2205 Francis St; 48,370; $48,669.29; $299.29; $0.00; $299.29; $299.29 25TH TO 26TH BETWEEN JACKSON AND WASHINGTON 1013335001; Wilkerson, William A. & Kelsey M; N 31' of Lot 17 E Langworthy Add; 2576 Jackson St; $73,470; $74,085.72; $615.72; $0.00; $615.72; $506.00; $1,121.72; $615.72 1013335002; McDermott, Dan R & Melissa M; S 25' of Lot 17 E Langworthy; 2574 Jack- son St; $49,760; $50,256.55; $496.55; $0.00; $496.55; $506.00; $1,002.55; $496.55 1013335003; Tunque, Joel D & Elenita S; N 1/2 Lot 16 E Langworthy Add; 2572 Jack- son St; $78,540; $79,036.55; $496.55; $0.00; $496.55; $506.00; $1,002.55; $496.55 1013335004; Wells Fargo Bank Na; S 1/2 Lot 16 E Langworthy Add; 2570 Jackson St; $65,280; $65,776.55; $496.55; $0.00; $496.55; $506.00; $1,002.55; $496.55 1013335005; Healey Jr, Joseph A & Amanda M; Lot 15 E Langworthy Add; 2568 Jack- son St; $68,030; $69,023.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335006; Tuthill, Scott A & Jaymis E; Lot 14 E Langworthy Add; 2564 Jackson St; $63,710; $64,703.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335007; Regan, Patricia A; Lot 13 E Langworthy Add; 2560 Jackson St; $55,820; $56,813.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335008; K E Joint Ventures LLC; Lot 1-12 E Langworthy Add; 2556 Jackson St; $62,880; $63,386.48; $506.48; $0.00; $506.48; $506.00; $1,012.48; $506.48 1013335009; Klauer, Robert F.; Lot 2-12 E Langworthy Add; 2554 Jackson St; $74,710; $75,196.62; $486.62; $0.00; $486.62; $506.00; $992.62; $486.62 1013335010; Moeller, Joyce S; Lot 11 E Langworthy Add; 2552 Jackson St; $48,360; $49,353.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335011; Kress, Karen K; Lot 10 E Lang- worthy Add; 2548 Jackson St; $65,440; $66,310.49; $870.49; $0.00; $870.49; $506.00; $1,376.49; $870.49 1013335012; Brimmer, James C & Susan L; Lot 9 E Langworthy Add; 2544 Jackson St; $64,920; $65,913.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335013; Livermore, Sarah E; Lot 1-8 E Langworthy Add; 2540 Jackson St; $50,260; $50,779.24; $519.24; $0.00; $519.24; $506.00; $1,025.24; $519.24 1013335014; Davis, Jeffrey D & Margie L; Lot 2-8 E Langworthy Add; 2538 Jackson St; $50,300; $50,773.86; $473.86; $0.00; $473.86; $506.00; $979.86; $473.86 1013335015; Briceland, Scott; Lot 7 E Lang- worthy Add; 2536 Jackson St; $112,550; $113,543.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335016; Walbrun, Dale E & Regina A; Lot 1-6 E Langworthy Add; 2532 Jackson St; $94,190; $95,048.24; $858.24; $0.00; $858.24; $506.00; $1,364.24; $858.24 1013335017; Riniker, Anna M & Baumgartner, Daniel; N 1/2 Lot 5 & Lot 2-6 E Langworthy Add; 2528 Jackson St; $39,990; $40,848.24; $858.24; $0.00; $858.24; $506.00; $1,364.24; $858.24 1013335018; Lampe, Philip N & Lynn E; N 14' of Lot 4 & S 1/2 of Lot 5 E Langworthy Add; 2524 Jackson St; $67,100; $67,874.62; $774.62; $0.00; $774.62; $506.00; $1,280.62; $774.62 1013335019; Ninneman, Dorothy J; S 36' of Lot 4 E Langworthy; 2520 Jackson St; $74,310; $75,025.03; $715.03; $0.00; $715.03; $506.00; $1,221.03; $715.03 1013335022; Schmidt, Kevin A & Linda J; Lot 1 E Langworthy Add; 2500 Jackson St; $87,480; $88,473.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335023; Hahlen, Brett A; W 38'6" Lot 18 E Langworthy; 232 E 26th St; $45,990; $46,849.50; $859.50; $0.00; $859.50; $506.00; $1,365.50; $859.50 1013335025; Parazine, Larry D; Lot 19 & N 1/2 Lot 20 E Langworthy Add; 2567 Wash- ington St; $62,970; $64,459.65; $1,489.65; $0.00; $1,489.65; $378.41; $506.00; $2,374.06; $1,489.65 1013335026; Wells Fargo Bank Na; S 1/2 Lot 20 & N 1/2 Lot 21 E Langworthy Add; 2563 Washington St; $45,410; $46,403.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335027; Queck Capital Mgmt. Co; S 1/2 Lot 21 & N 1/2 Lot 22 E Langworthy Add; 2559 Washington St; $64,770; $65,763.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335028; Abitz, Jim R & Therese M; Lot 23 & S 1/2 Lot 22 E Langworthy Add; 2555 Washington St; $74,510; $75,999.65; $1,489.65; $0.00; $1,489.65; $378.41; $506.00; $2,374.06; $1,489.65 1013335029; McMahon Real Est Rentals LLC; Lot 24 E Langworthy Add; 2551 Washing- ton St; $60,170; $60,885.03; $715.03; $0.00; $715.03; $506.00; $1,221.03; $715.03 1013335030; Pfab, Linda; Lot 25 E Langwor- thy Add; 2547 Washington St; $59,540; Book 146 Regular Session April 18, 2016 136 $60,622.02; $1,082.02; $0.00; $1,082.02; $506.00; $1,588.02; $1,082.02 1013335031; Hirschy Companies LLC; Lot 26 E Langworthy Add; 2543 Washington St; $83,360; $84,353.10; $993.10; $0.00; $993.10; $378.41; $506.00; $1,877.51; $993.10 1013335032; Dress, Edward L & Charlotte A; N 1/2 Lot 27 E Langworthy Add; 2539 Washington St; $57,820; $58,316.55; $496.55; $0.00; $496.55; $378.41; $506.00; $1,380.96; $496.55 1013335033; Geesey, Christine Marie; S 1/2 Lot 27 E Langworthy Add; 2535 Washing- ton St; $47,290; $47,786.55; $496.55; $0.00; $496.55; $506.00; $1,002.55; $496.55 1013335034; T & M Investment Properties LLC; Lot 28 E Langworthy Add; 2531 Washington St; $70,170; $71,163.10; $993.10; $0.00; $993.10; $378.41; $506.00; $1,877.51; $993.10 1013335035; Green, Stacy E; Lot 29 E Lang- worthy Add; 2527 Washington St; $71,750; $72,743.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335036; Ehlers, Andrea M.; Lot 30 E Langworthy Add; 2523 Washington St; $97,570; $98,563.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335037; Kimble, Robert E & Nellie J; Lot 31 E Langworthy Add; 2519 Washington St; $91,340; $92,333.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335038; Duschen, Lawrence D; Lot 32 E Langworthy Add; 2515 Washington St; $69,700; $70,693.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335039; Frick, Lawrence Arthur; N 30' of Lot 33 E Langworthy; 2509 Washington St; $79,240; $79,835.86; $595.86; $0.00; $595.86; $378.41; $506.00; $1,480.27; $595.86 1013335040; Avanarius, Harold J; S 20' Lot 33 & N 14' Lot 34 E Langworthy Add; 2505 Washington St; $74,080; $74,755.31; $675.31; $0.00; $675.31; $506.00; $1,181.31; $675.31 1013335041; Voss, Jeffery J; S 36' of Lot 34 E Langworthy; 2501 Washington St; $89,070; $89,785.03; $715.03; $0.00; $715.03; $506.00; $1,221.03; $715.03 1013335042; Heim, Benjamin J & Kathleen F; Lots 2 & 3 E Langworthy Add; 2508 Jack- son St; $81,910; $83,896.20; $1,986.20; $0.00; $1,986.20; $506.00; $2,492.20; $1,986.20 25TH TO 26TH BETWEEN JACKSON AND ELM 1013336003; Bleile, James C & Vicki L. Miller; E 1/2 of Lot 1-N 55' of W 100' of 51 7 E 50' of S 1' of 51 E Langworthy Addition; 340 E. 26th Street; $37,900.00; $38,894.63; $994.63; $0.00; $994.63; $506.00; $1,500.63; $994.63 1013336008; Cherry, Michael L.; Lot 50 Ex- cept The E. 7' Thereof E Langworthy Addi- tion; 2568 Washington Street; $57,440.00; $58,328.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336009; Sutton, Gerard J; Lot 49 E Langworthy Addition 2562-2564 Washing- ton; 2562 Washington Street; $74,840.00; $75,728.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336010; Blum, Rita M.; Lot 48 E Lang- worthy Addition; 2560 Washington Street; $82,120.00; $83,008.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336011; Weires, Stacy A.; Lot 47 Except Part In The Alley E Langworthy Addition; 2556 Washington Street; $48,820.00; $49,708.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336012; Birch, Shirley A.; North 42'6" of Lot 46 E Langworthy Addition; 2552 Wash- ington Street; $78,810.00; $79,698.06; $888.06; $0.00; $888.06; $378.41; $506.00; $1,772.47; $888.06 1013336013; Molle, Benton W.; North 35' of Lot 45 & South 7'6" of Lot 46 E Langworthy Addition; 2548 Washington Street; $63,550.00; $64,438.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336014; Stierman, Jeremy; NW Part of 2- 44 And South 15' of Lot 45 E Langworthy Addition; 2544 Washington Street; $35,750.00; $36,619.06; $869.06; $0.00; $869.06; $506.00; $1,375.06; $869.06 1013336015; Ludwig, Thomas I.; Lot 1-44 and Se 3" of 2-44 E Langworthy Addition; 2542 Washington Street; $75,750.00; $76,610.18; $860.18; $0.00; $860.18; $506.00; $1,366.18; $860.18 1013336016; Lugrain, Louis G & Billi J; Lot 43 Except The East 7' Thereof E Langworthy Addition; 2538 Washington Street; $61,120.00; $61,982.85; $862.85; $0.00; $862.85; $506.00; $1,368.85; $862.85 1013336017; Gulick, Joann T & Gansemer, Richard R; Lot 42 Except The East 7' Thereof E Langworthy Addition 2530-2532 Washington; 2530 Washington Street; $77,360.00; $78,248.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336018; Saleh, Kathleen L; Lot 41 Except The East 7' For Alley E Langworthy Addi- tion; 2526 Washington Street; $104,340.00; $105,228.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336019; Kieffer, Heidi J; Lot 40 E Lang- worthy Addition; 2522 Washington Street; $76,390.00; $77,278.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336020; Story, Timothy R & Lori A; Lot 39 E Langworthy Addition; 2518 Washington Book 146 Regular Session, April 18, 2016 137 Street; $67,410.00; $68,298.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336021; Howe, Martin R; Lot 38 & N 1/2 of Lot 37 E Langworthy Addition; 2514 Washington Street; $98,990.00; $100,322.09; $1,332.09; $0.00; $1,332.09; $506.00; $1,838.09; $1,332.09 1013336022; Schemmel, Rodney C & Dawn M; S 1/2 of Lot 37 E Langworthy Addition; 2510 Washington Street; $60,280.00; $60,724.03; $444.03; $0.00; $444.03; $506.00; $950.03; $444.03 1013336023; Moore, Nellie M; Lot 36 E Lang- worthy Addition; 2506 Washington Street; $74,720.00; $75,608.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336024; Ninneman, Gene A & Shannon L; Lot 35 E Langworthy Addition; 2500 Washington Street; $68,580.00; $69,468.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336004; Bennett, David L; Lot 1 of Sub 52, 53 & North 22' of 54 E Langworthy Ad- dition; 354 East 26th Street; $84,110.00; $86,014.95; $1,904.95; $0.00; $1,904.95; $506.00; $2,410.95; $1,904.95 1013336025; March, Dean J & Betty B; South 28' of Lot 54 and North 22' of Lot 55 E Langworthy Addition; 2571 Elm Street; $74,210.00; $75,108.72; $898.72; $0.00; $898.72; $506.00; $1,404.72; $898.72 1013336026; Severson, Donna J F/K/A Donna J Severson-Lade; Lot 56 & South 28' of Lot 55 E Langworthy Addition; 2565 Elm Street; $70,760.00; $72,163.14; $1,403.14; $0.00; $1,403.14; $378.41; $506.00; $2,287.55; $1,403.14 1013336027; Scharmann, Mary A; North 41' of Lot 57 Except The W 7' For Alley E Lang- worthy Addition; 2563 Elm Street; $78,230.00; $78,967.09; $737.09; $0.00; $737.09; $506.00; $1,243.09; $737.09 1013336028; Tilp, Michael A; South 9' of Lot 57 & North 33' of Lot 58 E Langworthy Ad- dition; 2559 Elm Street; $84,130.00; $84,884.85; $754.85; $0.00; $754.85; $506.00; $1,260.85; $754.85 1013336029; Tilp, Michael A; South 17' of Lot 58 & North 1/2 of Lot 59 E Langworthy Ad- dition; Elm Street; $20,440.00; $21,194.85; $754.85; $0.00; $754.85; $0.00; $754.85; $754.85 1013336030; Vlach, Frank J III & Sarah C; Lot 60 & South 1/2 of Lot 59 E Langworthy Addition; 2551 Elm Street; $86,830.00; $88,165.65; $1,335.65; $0.00; $1,335.65; $506.00; $1,841.65; $1,335.65 1013336031; Morey, Audrey J; Lot 61 E Langworthy Addition; 2545 Elm Street; $55,650.00; $56,538.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336032; Foster, Robert A; Lot 62 E Langworthy Addition; 2539 Elm Street; $81,420.00; $82,308.06; $888.06; $0.00; $888.06; $378.41; $506.00; $1,772.47; $888.06 1013336033; Abitz, John C & Hannah K; Lot 63 E Langworthy Addition; 2533 Elm Street; $75,420.00; $76,308.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336034; Abitz, John C; Lot 64 E Langwor- thy Addition; Elm Street; $14,310.00; $15,198.06; $888.06; $0.00; $888.06; $0.00; $888.06; $888.06 1013336035; Schlarmann, Arleigh T; Lot 65 E Langworthy Addition; 2525 Elm Street; $55,410.00; $56,298.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013412001; Pothoff, Kristi L; Lot 66 E Lang- worthy Addition; 2517 Elm Street; $87,950.00; $88,838.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013412002; Dubuque Rescue Mission; Lot 67 E Langworthy Addition; 2511 Elm Street; $0.00; $888.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013412003; Dubuque Rescue Mission; Lot 68 E Langworthy Addition; 2505 Elm Street; $0.00; $888.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013412004; Dubuque Rescue Mission; Lot 69 E Langworthy Addition; 2501 Elm Street; $0.00; $888.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 15. Iowa DOT Consolidated Funding Appli- cation - Jule Transit System: City Manager recommending approval of the submittal of the Consolidated Funding Application to the Iowa Department of Transportation for The Jule's annual operating and maintenance allocations, the Lobbying Cost Certificate, Certificate of Cost Allocation Plan and Authorizing Resolu- tion. Upon motion the documents were re- ceived and filed and Resolution No. 141-16 Approval of grant application to Iowa DOT for Consolidated Funding was adopted. RESOLUTION NO. 141-16 APPROVAL OF GRANT APPLICATION TO IOWA DOT FOR CONSOLIDATED FUNDING Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens of Dubuque; and Whereas, the Iowa Department of Trans- portation (IDOT) is a pass through funding entity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and Whereas, the City Council finds that the applying for the funds to be beneficial to the Book 146 Regular Session April 18, 2016 138 continued provision of transit service for the citizens of Dubuque. 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 endorses the attached application to the Iowa Department of Trans- portation, which includes a City match. Section 2. The Iowa Department of Trans- portation application will include requests and mandatory certifications by the City of Dubu- que as follows: From the State Transit Assistance Pro- gram: • 2.010741% of formula funds • Total: $282,865 From federal funds for transit in non- urbanized areas and/or for transit serving primarily elderly persons and persons with disabilities: • $46,570 From statewide federal capital assistance for transit: • $0 From statewide capital assistance (PTIG) for transit: • $600,000 From statewide federal-pass through dis- cretionary assistance (ICAAP) for transit: • $0 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Dubuque/The Jule has sufficient non-federal funds to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment pur- chased under this contract. We request that State Transit Assistance formula funding be advanced as allowed by law, to improve system cash flow. Section 3. That Candace Eudaley- Loebach, Transit Manager, is authorized to on behalf of the City Council, to apply for financial assistance and to enter into related contract(s) with the Iowa Department of Transportation. Passed, adopted and approved this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 16. Downtown Rehabilitation Grant Pro- gram Modifications: City Manager recommend- ing approval of modifications to the City’s Downtown Rehabilitation Incentive Program guidelines and application. Upon motion the documents were received, filed and approved. 17. Dubuque Police Protective Association Bargaining Agreement: City Manager recom- mending approval of a two-year agreement with the Dubuque Police Protective Associa- tion for the contract period beginning July 1, 2016. Upon motion the documents were re- ceived and filed and Resolution No. 142-16 Approving the Agreement between the City of Dubuque, Iowa and Dubuque Police Protective Association and authorizing the Mayor to sign the Agreement was adopted. RESOLUTION NO. 142-16 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE POLICE PROTECTIVE ASSOCI- ATION AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association is an employee organization within the meaning of Section 3 (4) of the Public Em- ployment Relations Act; and Whereas, the Dubuque Police Protective Association, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized to sign the collective bargaining agreement. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 18. Teamsters Collective Bargaining Agreement Amendment: City Manager rec- ommending approval of an Amendment to the Collective Bargaining Agreement between the City of Dubuque and Teamsters Local No. 120 to provide for a work week that consists of ten hours per day and four days per week for the Maintenance-worker, Airfield Maintenance- workers and Airport Mechanic assigned to the Airport Department effective from April 25, 2016 through September 30, 2016. Upon mo- tion the documents were received, filed and approved. 19. Family Self-Sufficiency (FSS) Grant Application: City Manager recommending ap- proval to apply for a Family Self-Sufficiency Book 146 Regular Session, April 18, 2016 139 Coordinator Grant from the U.S. Department of Housing and Urban Development (HUD) that requests renewal funding for two positions and new funding for one additional Family Self- Sufficiency Program Coordinator. Upon motion the documents were received and filed and Resolution No. 143-16 Authorizing the Mayor to execute an application for the HUD Family Self-Sufficiency Program Grant and authoriz- ing the Director of Housing and Community Development and the City Manager to approve the application was adopted. RESOLUTION NO. 143-16 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE HUD FAMILY SELF-SUFFICIENCY PROGRAM GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOP- MENT AND THE CITY MANAGER TO AP- PROVE THE APPLICATION Whereas, the U.S. Department of Housing and Urban Development has published a No- tice of Funding Availability (NOFA) for the Family Self-Sufficiency Program to be utilized for the salaries of program coordinators com- bining the funding for the FSS coordinators that serve Housing Choice Voucher (HCV) participants and/or Public Housing (PH) partic- ipants for Calendar Year 2017; and Whereas, the City of Dubuque has admin- istered Project Self-Sufficiency since Septem- ber 1987 that became the Family Self- Sufficiency (FSS) Program in July 1994; and Whereas, the City of Dubuque has re- ceived funding for an FSS coordinator contin- uously since 1994; and Whereas, the City of Dubuque proposes to continue administering the FSS program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby au- thorized and directed to submit an application for the HUD FSS program grant. Section 2: That the Director of Housing and Community Development and the City Manag- er are hereby authorized to approve the appli- cation that is submitted to HUD. Section 3: That the City Manager is hereby authorized and directed to forward said appli- cation and resulting standard executed con- tract to the respective agencies in a timely fashion and as required by the U. S. Depart- ment of Housing and Urban Development. Passed, approved and adopted this 18th day of April 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 20. PEG Capital Grant Expenditure Re- quest: City Manager recommending approval of the Cable TV Commission's request for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the City of Dubu- que to purchase an AERO.10 audio processor to control the digital audio levels of CityChan- nel Dubuque. Upon motion the documents were received, filed and approved. 21. Pre-Annexation Agreement - Dubuque Hardwoods/SITCO, Inc.: City Manager rec- ommending approval of a Pre-Annexation Agreement with Dubuque Hardwoods, Inc. and SITCO, Inc., property owners, in conjunction with a request for approval of the Plat of Sur- vey for property located adjacent to the City of Dubuque corporate limits. Upon motion the documents were received and filed and Reso- lution No. 144-16 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Dubuque Hardwoods, Inc. and SITCO, Inc. was adopted. RESOLUTION NO. 144-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE HARD- WOODS, INC. AND SITCO, INC. Whereas, Dubuque Hardwoods, Inc. and SITCO, Inc., the owners of the following de- scribed property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for volun- tary annexation of the Property to the City of Dubuque: Lot 2 of Stone Quarry Subdivision and Lot 1 of Gassman Quarry, Dubuque County, Iowa; and Whereas, Dubuque Hardwoods, Inc. and SITCO, Inc., have entered into a Pre- annexation Agreement with the City of Dubu- que a copy of which is attached hereto govern- ing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Book 146 Regular Session April 18, 2016 140 Section 1. The Pre-annexation Agreement by and between Dubuque Hardwoods, Inc. and SITCO, Inc. and the City of Dubuque is hereby approved. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 22. Pre-Annexation Agreement - Paul J. and Carol A. Beckley: City Manager recom- mending approval of a Pre-Annexation Agreement with Paul J. and Carol A. Beckley, property owners of Lot 5 in Twin Ridge Subdi- vision. Upon motion the documents were re- ceived and filed and Resolution No. 145-16 Approving a Pre-Annexation Agreement be- tween the City of Dubuque, Iowa and Paul J. and Carol A. Beckley was adopted. RESOLUTION NO. 145-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PAUL J. AND CAR- OL A. BECKLEY Whereas, Paul J. and Carol A. Beckley , owners of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexa- tion of the Property to the City of Dubuque: Lots 5 in Twin Ridge Subdivision in Ta- ble Mound Township, Dubuque County, Iowa according to the recorded plat thereof; and Whereas, Paul J. and Carol A. Beckley have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexa- tion of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Paul J. and Carol A. Beckley and the City of Dubuque is hereby approved. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 23. Final Plat - Wombacher Acres Plat 2: Zoning Advisory Commission recommending approval of the Final Plat for Wombacher Acres Plat 2, 14132 North Cascade Road. Upon motion the documents were received and filed and Resolution No. 146-16 Approving the Final Plat Wombacher Acres Plat 2 in Dubuque County, Iowa was adopted. RESOLUTION NO. 146-16 APPROVING THE FINAL PLAT WOM- BACHER ACRES PLAT 2 IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk the Final Plat Wombacher Acres Plat 2 in Dubuque County, Iowa; and Whereas, said Final Plat provides 0 feet of lot frontage for Lot 1, where 50 feet is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the Code of Ordinances, Unified Development Code, is waived to allow 0 feet of lot frontage for Lot 1. Section 2. That the Final Plat Wombacher Acres Plat 2 is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 24. Final Plat Gassman Quarry Plat 2: Zon- ing Advisory Commission recommending ap- proval of the Final Plat to Gassman Quarry Plat 2, 10492 Highway 52 South. Upon motion the documents were received and filed and Resolution No. 147-16 Approving the Final Plat Gassman Quarry Plat 2 in Dubuque County, Iowa was adopted. RESOLUTION NO. 147-16 APPROVING THE FINAL PLAT GASSMAN QUARRY PLAT 2 IN DUBUQUE COUNTY, IOWA Book 146 Regular Session, April 18, 2016 141 Whereas, there has been filed with the City Clerk a Final Plat Gassman Quarry Plat 2 in Dubuque County, Iowa; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Final Plat Gassman Quarry Plat 2 is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 25. Dubuque Bank & Trust Acceptance of Easement Agreement: City Manager recom- mending acceptance of a Grant of Easement for Sidewalk and Utilities across Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2, City of Dubuque, Iowa for the Grandview/Delhi and Grace Roundabout Project. Upon motion the docu- ments were received and filed and Resolution No. 148-16 Accepting a Grant of for sidewalk and utilities over and across part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2, City of Dubuque, Iowa was adopted. RESOLUTION NO. 148-16 ACCEPTING A GRANT OF EASEMENT FOR SIDEWALK AND UTILITIES OVER AND ACROSS PART OF LOT 1 IN LOETSCHER AND TRUEBS SUBDIVISION, AND LOT 2 IN RIGI SUBDIVISION NO. 2, CITY OF DUBU- QUE, IOWA Whereas, Dubuque Bank and Trust Com- pany has executed a Grant of Easement for Sidewalk and Utilities through, over and across Part of Lot 1 in Loetscher and Truebs Subdivi- sion, and Lot 2 in Rigi Subdivision No. 2, City of Dubuque, 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 Easement for Sidewalk and Utilities over and across Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2., City of Dubuque, Iowa from Dubuque Bank and Trust Company, 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 Recorder and Dubuque County Auditor. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 26. Heritage Trail Trailhead Project TAP Grant: City Manager recommending approval of a request to increase the Iowa Department of Transportation grant and to increase the City’s local match for the Dubuque Heritage Trailhead due to added construction costs. Upon motion the documents were received and filed and Resolution No. 149-16 Authoriz- ing grant and local match funding increase for development of Dubuque Heritage Trailhead was adopted. RESOLUTION NO. 149-16 AUTHORIZING GRANT AND LOCAL MATCH FUNDING INCREASE FOR DEVEL- OPMENT OF DUBUQUE HERITAGE TRAIL- HEAD Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) has allocated increased DMATS Transportation Enhance- ment Program grant funds to $72,000 for the development of the Dubuque Heritage Trail- head along S. John Deere Road near US 52; and Whereas, the Iowa Department of Trans- portation Study (IDOT) administers DMATS Transportation Enhancement Program grant funds as part of the federal pass-through fund- ing in the IDOT Transportation Alternatives Program; and Whereas, the City of Dubuque is required to allocate sufficient local funds to match the increase in grant funds for development of the Dubuque Heritage Trailhead. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby ap- proves acceptance of the increased grant funds and authorizes allocation of sufficient funds as local match to develop the Dubuque Heritage Trailhead. Section 2. The City Council hereby pro- vides its written assurance that the completed project will be adequately maintained for its intended use in accordance with grant re- quirements. Book 146 Regular Session April 18, 2016 142 Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 27. Dubuque Bank & Trust Acknowledg- ment of Local Match - 1501 Jackson Street Project: City Manager recommending approval of a resolution acknowledging Dubuque Bank & Trust’s local match, as required by the Work- force Housing Tax Credit Project for the St. Mary’s Project at 1501 Jackson Street. Upon motion the documents were received and filed and Resolution No. 150-16 Acknowledging required match funding from Dubuque Bank and Trust for the rehabilitation project at 1501 Jackson Street was adopted. RESOLUTION NO. 150-16 ACKNOWLEDGING REQUIRED LOCAL MATCH FUNDING FROM DUBUQUE BANK AND TRUST FOR THE REHABILITATION PROJECT AT 1501 JACKSON STREET Whereas, the Friends of St. Mary’s (Devel- oper) have committed to the redevelopment of property at 1501 Jackson Street to create twelve (12) affordable housing units (the Pro- ject); and Whereas, Developer intends to apply to the Iowa Economic Development Authority (IEDA) for Workforce Housing Tax Credits; and Whereas, the Workforce Housing Tax Credit application requires a local match of funds in the amount of at least $1,000 per housing unit; and Whereas, Dubuque Bank and Trust has committed $25,000 to the Project and an anonymous donor has committed $10,000 to the Project; and Whereas, the City Council of the City of Dubuque believes these donations comply with the IEDA’s requirements for a local match in the amount of at least $1,000 per housing unit. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque acknowledges the $25,000 contri- bution from Dubuque Bank and Trust and the $10,000 donation from the anonymous donor as fulfilling the IEDA’s requirement for a local match of at least $1,000 per unit for the Work- force Housing Tax Credit application. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 28. Community Development Block Grant Program Environmental Review Summary: City Manager recommending approval for the Mayor to sign the Environmental Review De- termination as the Certifying Officer for the City of Dubuque's Fiscal Year 2017 Community Development Block Grant Program. Upon mo- tion the documents were received, filed and approved. 29. Environmental Review - Salvia House Elevator: City Manager recommending ap- proval for the Mayor to execute an Environ- mental Review Determination which states that the Salvia House Elevator Project is in compli- ance with all Statute Authorities of 58.5 and 58.6 and can convert to Exempt. Upon motion the documents were received, filed and ap- proved. 30. Marquette Hall Urban Revitalization Withdrawal of Petition: City Manager informing the City Council that the petition to designate an Urban Revitalization Area for Marquette Hall has been withdrawn. Motion by Connors to receive and filed the documents. Seconded by Resnick. City Manager Van Milligen ex- plained that the project was not awarded the necessary tax credits due to a lack of state funding and that the developers hope to re- submit plans next year. Motion carried 7-0. 31. University Lofts Urban Revitalization Withdrawal of Petition: City Manager informing the City Council that the petition to designate an Urban Revitalization Area for University Lofts has been withdrawn. Motion by Connors to receive and filed the documents. Seconded by Resnick. City Manager Van Milligen ex- plained that the project was not awarded the necessary tax credits due to a lack of state funding and that the developers hope to re- submit plans next year. Motion carried 7-0. 32. Iowa League of Cities Conservation In- novation Grant: City Manager transmitting cor- respondence to the USDA Natural Resources Conservation Service committing to the Iowa League of Cities Conservation Innovation Grant. Upon motion the document was re- ceived and filed. 33. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager of Government Relations for Media- com Communications Company, informing the City of programming changes being imple- mented on or about April 30, 2016. Upon mo- tion the document was received and filed. 34. Improvement Contracts / Performance, Payment and Maintenance Bonds: Hawkeye Electrical for the Dubuque City Hall Electrical Service Project; McDermott Excavating for the Heeb Street Retaining Wall Project; SAK Con- struction, LLC for the FY 16 (CIPP) Sanitary Sewer Lining Project; Top Grade Excavating Book 146 Regular Session, April 18, 2016 143 for the Key West Drive Reconstruction Project. Upon motion the documents were received, filed and approved. 35. Business License Refund: Request for liquor license refund for Cue Masters Billiards, License No, LC0032948 located at 900 Central Avenue. Upon motion the document was re- ceived, filed and approved. 36. 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. 151-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 151-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Catfish Charlie's, 1630 E. 16th St., Class C Liquor (Outdoor) (Sunday) Dubuque Lodge No. 355, 2635 Windsor Ave., Class A Liquor (Outdoor) (Sunday) Joliet Building Corp, 781 Locust St., Class C Liquor (Outdoor) (Sunday) Lina's Thai Bistro, 2055 Holliday Dr., Class C Liquor, Class B Wine (Sunday) Loras College Campus, 1450 Alta Vista St., Class C Liquor (Catering (Sunday) Monks Kaffee Pub, 373 Bluff St., Class C Liq- uor (Outdoor) (Sunday) Stone Cliff Winery, Inc., 600 Star Brewery Dr., Class C Native Wine The Hub, 253 Main St., Class C Liquor (Sun- day) New McAleece Parks and Recreation Complex, 1801 Admiral Sheehy Dr., Class B Beer, Class B Native Wine (Outdoor) (Sunday) Oky Doky #8 Foods, 535 Hill St., Class E liq- uor, Class B Wine, Class C Beer (Sunday) Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Fiscal Year 2016 Second Budget Amendment: City Manager recommending the second Fiscal Year 2016 Budget Amendment be set for public hearing for May 2, 2016. Up- on motion the documents were received and filed and Resolution No. 152-16 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2016 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2016 in the Historic Federal Building. RESOLUTION NO. 152-16 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2016 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hear- ing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on proposed Amendment No. 2 to the Fiscal Year 2016 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa on Monday, May 2, 2016, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 18th day of April 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session April 18, 2016 144 2. Dubuque Industrial Center South Verena Court Project: City Manager recommending initiation of the public bidding procedure for the Dubuque Industrial Center South, Verena Court Project, and further recommends that a public hearing be set for May 2, 2016. Upon motion the documents were received and filed and Resolution No. 153-16 Preliminary ap- proval of plans, specifications, form of con- tract, and estimated cots; setting date of public hearing on plans, specifications, form of con- tract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2016 in the Historic Fed- eral Building. RESOLUTION NO. 153-16 DUBUQUE INDUSTRIAL CENTER SOUTH, VERENA COURT PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center South, Verena Court Project in the estimated amount $245,157.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 2nd day of May, 2016, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Dubuque Industrial Center South, Verena Court Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa be published on the City’s website, be published in a state-wide plan room and be submitted to statewide lead agency and which notice shall be published not less than thirteen but not more than forty- five days before the date for filing bids before 2:00 p.m. on the 2nd day of May, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 16th day of May, 2016, in the Historic Federal Build- ing Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 3. Grandview Avenue, Delhi Street and Grace Street Roundabout Project: City Man- ager recommending initiation of the public bid- ding procedure for the North Grandview Ave- nue and Delhi Street Roundabout Intersection Improvement Project, and further recommends that a public hearing be set for May 2, 2016. Upon motion the documents were received and filed and Resolution No. 154-16 Prelimi- nary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2016 in the Historic Fed- eral Building. RESOLUTION NO. 154-16 NORTH GRANDVIEW AVENUE AND DELHI STREET ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT, PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEAR- ING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the North Grandview Avenue and Delhi Street Rounda- bout Intersection Improvement Project in the estimated amount $839,164.63, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Book 146 Regular Session, April 18, 2016 145 A public hearing will be held on the 2nd day of May, 2016, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The North Grandview Avenue and Delhi Street Roundabout Intersection Improvement Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 5th day of May, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 16th day of May, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 4. Development Agreement - Friends of St. Mary's/Steeple Square, 1501 Jackson Street: City Manager recommending setting a public hearing for May 2, 2016, on entering into a Development Agreement with Friends of St. Mary’s D/B/A Steeple Square for the property located at 1501 Jackson Street. Upon motion the documents were received and filed and Resolution No. 155-16 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obli- gations and the execution of a Development Agreement relating thereto with Friends of St. Mary’s D/B/A/ Steeple Square, and providing for the publication of notice thereof was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2016 in the Historic Federal Building. RESOLUTION NO. 155-16 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX IN- CREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH FRIENDS OF ST. MARY’S D/B/A/ STEEPLE SQUARE, AND PROVIDING FOR THE PUB- LICATION OF NOTICE THEREOF Whereas, City and Friends of St. Mary’s D/B/A/ Steeple Square have entered into a Development Agreement, subject to the ap- proval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement, with Friends of St. Mary’s D/B/A/ Steeple Square; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa and to enter into the Development Agreement relating thereto for the purpose of carrying out the rehabilitation of property located at 1501 Jackson Street as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby author- ized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Rev- enue obligations, to be held on the 2nd day of May, 2016, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Re- newal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Friends of St. Mary’s D/B/A/ Steeple Square, the proceeds of which Book 146 Regular Session April 18, 2016 146 obligations will be used to carry out certain of the special financing activities described in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Friends of St. Mary’s D/B/A/ Steeple Square pursuant to the Devel- opment Agreement. It is expected that the aggregate amount of the Tax Increment Reve- nue obligations to be issued will be approxi- mately $260,000. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circula- tion in said City, said publication to be not less than four days nor more than twenty days be- fore the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in sub- stantially the form attached hereto. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the follow- ing Board/Commission. Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Human Rights Commission (Review): Two, 3-year terms through January 1, 2017 (Vacant terms of Engling and Melchert). Appli- cants: Jeff Lenhart, 1274 Locust St. #3; Jay Schiesl, 195 W. 17th St. The application for Beverly Maas was removed from considera- tion. Mr. Lenhart and Mr. Schiesl spoke in support of their respective appointments. Appointment was made to the following Commission. 2. Sister City Relationships Advisory Commission: One, 3-year term through Febru- ary 1, 2019 (Vacant term of Zygmont). Appli- cant: Rachel McDermott, 1007 ½ W. 3rd St. Motion by Connors to appoint Ms. McDermott to a 3-year term. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council on the following items. 1. Request to Rezone Property at 1710 and 1730 University Avenue: Proof of publica- tion on notice of public hearing to consider approval of a request from Tom Tiefenthaler to rezone property located at 1710 & 1730 Uni- versity Avenue from R-2 Two Family Residen- tial to C-2 Neighborhood Shopping Center District and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Developer Tom Tiefenthaler spoke in support of the request, described resolving the driveway alignment for clearance distance and safety and stated that all homes on the site are currently vacant with tenants having relocated. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 9-16 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 1710 and 1730 University Avenue from R-2 Two-Family Residential District to C-2 Neigh- borhood Shopping Center District. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 9-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1710 AND 1730 UNIVERSITY AVENUE FROM R-2 TWO- FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter–described property from R-2 Two-Family Residential District to C-2 Neighborhood Office Commercial District, to wit: Lots 14, 15, and 16 of Morheiser’s Subdivision, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Book 146 Regular Session, April 18, 2016 147 Passed, approved and adopted this 18th day of April, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone Property at 1690 Elm Street: Proof of publication on notice of public hearing to consider approval of a re- quest from Gary Carner to rezone property located at 1690 Elm Street from LI Light Indus- trial to C-4 Downtown Commercial District and the Zoning Advisory Commission recommend- ing approval. Motion by Connors to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Planning Services Manager Laura Carstens provided a staff report. Council Member Con- nors asked that staff review the southbound, left-turn lane and street parking at 16th and Elm Streets as this project may add to the al- ready increased traffic in the area. Motion car- ried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 10-16 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1690 Elm Street from LI Light Indus- trial District to C-4 Downtown Commercial Dis- trict. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 10-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1690 ELM STREET FROM LI LIGHT INDUSTRIAL DIS- TRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter–described property from LI Light Industrial District to C-4 Downtown Shopping District, to wit: Parcel ID #1024279001 and #1024279002, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 18th day of April, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2016. /s/Kevin S. Firnstahl, City Clerk 3. 2016 Pavement Marking Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract, and estimated cost for the 2016 Pavement Marking Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 156-16 Approval of plans, specifications, form of contract, and estimated cost for the 2016 Pavement Marking Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 156-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE 2016 PAVEMENT MARK- ING PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2016 Pavement Marking Project, in the esti- mated amount $143,780.29, are hereby ap- proved. Passed, adopted and approved this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS 1. Cottingham & Butler, Inc. - Iowa Eco- nomic Development Authority Application Support: City Manager recommending approv- al of the submission of an Iowa Economic De- velopment Assistance Application on behalf of Cottingham & Butler, Inc. for its proposed in- vestment for the expansion of operations in Dubuque. Motion by Lynch to receive and file the documents and adopt Resolution No. 157- 16 Authorizing the filing of an application for State Business Financial Assistance on Behalf of Cottingham & Butler, Inc. Seconded by Connors. Motion carried 7-0. Book 146 Regular Session April 18, 2016 148 RESOLUTION NO. 157-16 AUTHORIZING THE FILING OF AN APPLI- CATION FOR STATE BUSINESS FINAN- CIAL ASSISTANCE ON BEHALF OF COT- TINGHAM & BUTLER, INC. Whereas, Cottingham & Butler, Inc. has proposed making a Two Million Three Hundred Sixty-Five Thousand Dollar ($2,365,000.00) investment for tenant improvements of a twen- ty-five thousand square foot (25,000 sq. ft.) office facility in the City of Dubuque, Iowa ; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed project will contribute to the local economy through the creation of ninety (90) full-time jobs in the City, seventy-five (75) of which qualify for the Iowa Economic Development Authority Busi- ness Financial Assistance Program; and Whereas, financial assistance from the Io- wa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Eco- nomic Development Assistance Contract in order to finalize incentives and document as- sociated terms for the tenant improvements of Cottingham & Butler, Inc.’s proposed location at 700 Locust Street in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an Application for participation in the Iowa Economic Devel- opment Authority’s Financial Assistance Pro- gram on behalf of Cottingham & Butler, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby au- thorized to execute and the City Manager is hereby directed to submit the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 2. Paragon Square Urban Revitalization Designation: City Manager recommending adoption of a resolution adopting the Paragon Square Urban Revitalization Area Plan for the Paragon Square Urban Revitalization Area (former Holy Ghost School) and adoption of an ordinance establishing the Paragon Square Urban Revitalization Area. Motion by Lynch to receive and file the documents and adopt Resolution No. 158-16 Approving the adoption of an Urban Revitalization Plan for the Para- gon Square Urban Revitalization Area. Se- conded by Connors. Motion carried 7-0. RESOLUTION NO. 158-16 APPROVING THE ADOPTION OF AN UR- BAN REVITALIZATION PLAN FOR THE PARAGON SQUARE URBAN REVITALIZA- TION AREA Whereas, the City Council of the City of Dubuque (the City), Iowa on November 16, 2015, approved Resolution No. 402-15, a resolution of finding that the designation of the Paragon Square Urban Revitalization Plan is necessary to encourage needed housing and residential development providing safe, afford- able housing for the residents of the City of Dubuque, Iowa and the property meets the criteria for Urban Revitalization as defined in Section 404.1(5) of the Iowa Code; and Whereas, on January 19, 2016 the City re- viewed a proposed Urban Revitalization Plan (the Plan) for the Paragon Square Urban Revi- talization Area, and scheduled, by Resolution No, 20-16, a public hearing to be held on March 7, 2016 on the proposed adoption of the Plan; and Whereas, on February 17, 2016, the Long Range Planning Advisory Commission re- viewed the plan and provided comment to City Council; and Whereas, the City ordered the Clerk to publish notice of a public hearing on the Plan to be held on March 7, 2016 on the proposed adoption of the Plan; and Whereas the City Clerk published the no- tice of public hearing on February 19, 2016; and Whereas owners of record were notified by ordinary mail at least thirty days prior to the public hearing; and Whereas, the City has held the required public hearing after the required thirty day re- view period, and has not received a valid peti- tion requesting a second public hearing within thirty days after the public hearing held on March 7, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Urban Revitalization Plan for 2887 Central Avenue – Lot 2 – I Paragon Square, Dubuque Iowa and 2901 Central Ave- nue – Lot 1 – I Paragon Square, Dubuque Iowa according to the recorded plat thereof, known as the Paragon Square Urban Revitali- zation Area is hereby approved. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted Book 146 Regular Session, April 18, 2016 149 on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Rios. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 11-16 Amend- ing City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitali- zation Areas, by adopting a new Section 12 Paragon Square, Establishing the Paragon Square Urban Revitalization Area, and estab- lishing requirements for qualifying property owners. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 11-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAXATION, CHAPTER 2 REVITALIZATION AREAS, BY ADOPTING A NEW SECTION 12 PARAGON SQUARE, ESTABLISHING THE PARAGON SQUARE URBAN REVITALIZA- TION AREA, AND ESTABLISHING RE- QUIREMENTS FOR QUALIFYING PROPER- TY OWNERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordi- nances Title 3, Chapter 2 is hereby amended by adding the following: 3-2-12: Paragon Square The area hereinafter described is hereby designated as the PARAGON SQUARE Urban Revitalization Area in accordance with the code of Iowa: 2887 Central Avenue – Lot 2 – I Para- gon Square, Dubuque IA 2901 Central Avenue – Lot 1 – I Para- gon Square Dubuque IA according to the recorded plat thereof. Section 2. The Paragon Square Urban Re- vitalization Plan as attached to this ordinance is hereby adopted and approved and the prop- erties within said described area shall be sub- ject to the provisions of said plan. Section 3. That the Paragon Square Urban Revitalization Plan shall hereafter be on file in the City Clerk’s Office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby au- thorized and directed to publish this Ordinance on or after April 18, 2016, provided that the City Clerk prior to that date has received no valid petition requesting a second public hear- ing, and in the event such petition has been received, then this Ordinance shall be null and void. Passed, approved and adopted this 18th day of April, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2016. /s/Kevin S. Firnstahl, City Clerk 3. Lange Estate Urban Revitalization Plan Designation: City Manager recommending adoption of a resolution approving the Urban Revitalization Plan for the Lange Estate Urban Revitalization Area (Applewood IV) and adop- tion of an ordinance establishing the Lange Estate Urban Revitalization Area. Motion by Connors to receive and file the documents and adopt Resolution No. 159-16 Approving the adoption of an Urban Revitalization Plan for the Lange Estate Urban Revitalization Area. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 159-16 APPROVING THE ADOPTION OF AN UR- BAN REVITALIZATION PLAN FOR THE LANGE ESTATE URBAN REVITALIZATION AREA Whereas, the City Council of the City of Dubuque (the City), Iowa on November 16, 2015 City Council approved Resolution No. 400-15, a resolution of finding that the desig- nation of the Lange Estate urban Revitalization Plan is necessary to encourage needed hous- ing and residential development providing safe, affordable housing for the residents of the City of Dubuque, Iowa and the property meets the criteria for Urban Revitalization as defined in Section 404.1(5) of the Iowa Code; and Whereas, on January 19, 2016 the City re- viewed a proposed Urban Revitalization Plan (the Plan) for the Lange Estate Urban Revitali- zation Area, and scheduled, by Resolution No, 15-15, a public hearing to be held on March 7th, 2016 on the proposed adoption of the Plan; and Whereas, on February 17, 2016, the Long Range Planning Advisory Commission re- viewed the plan and provided comment to City Council at the public hearing; and Whereas, the City ordered the Clerk to publish notice of a public hearing on the Plan to be held on March 7, 2016 on the proposed adoption of the Plan; and Whereas the City Clerk published the no- tice of public hearing on February 19, 2016; and Whereas owners of record were notified by ordinary mail at least thirty days prior to the public hearing; and Whereas, the City has held the required public hearing after the required 30 day review period, and has not received a valid petition requesting a second public hearing within thirty days after the public hearing held on March 7, 2016. Book 146 Regular Session April 18, 2016 150 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Urban Revitalization Plan for Lot Two of Lange Estate in the County of Dubuque, City of Dubuque, Iowa according to the recorded plat thereof, known as the Lange Estate Urban Revitalization Area is hereby approved. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk Motion by Resnick to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Resnick for final consideration and passage of Ordinance No. 12-16 Amend- ing City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitali- zation Areas, by adopting a new Section 11 Lange Estate, establishing the Lange Estate Urban Revitalization Area, and establishing requirements for qualifying property owners. Seconded by Rios. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 12-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAXATION, CHAPTER 2 REVITALIZATION AREAS, BY ADOPTING A NEW SECTION 11 LANGE ESTATE, ESTABLISHING THE LANGE ESTATE URBAN REVITALIZATION AREA, AND ESTABLISHING REQUIRE- MENTS FOR QUALIFYING PROPERTY OWNERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordi- nances Title 3, Chapter 2 is hereby amended by adding the following: 3-2-11: Lange Estate The area hereinafter described is hereby designated as the Lange Estate Urban Revital- ization Area in accordance with the code of Iowa: Lot Two of Lange Estate in the County of Dubuque, IA City of Dubuque, City of Dubuque, Iowa according to the rec- orded plat thereof. Section 2. The Lange Estate Urban Revi- talization Plan as attached to this ordinance is hereby adopted and approved and the proper- ties within said described area shall be subject to the provisions of said plan. Section 3. That the Lange Estate Urban Revitalization Plan shall hereafter be on file in the City Clerk’s Office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby au- thorized and directed to publish this Ordinance on or after April 18, 2016, provided that the City Clerk prior to that date has received no valid petition requesting a second public hear- ing, and in the event such petition has been received, then this Ordinance shall be null and void. Passed, approved and adopted this 18th day of April, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2016. /s/Kevin S. Firnstahl, City Clerk 4. East/West Corridor Protective Property Acquisition at University Avenue and Asbury Road: City Manager recommending approval to acquire property at the intersection of Uni- versity Avenue and Asbury Road from Fahey Family/Rainbo Oil Company to preserve the corridor identified in the East-West Corridor Connectivity Study and the future reconstruc- tion of the University Avenue - Asbury Road Intersection. Motion by Connors to receive and file the documents and adopt Resolution No. 160-16 Approving the acquisition of real estate owned by Fahey Family / Rainbo Oil Compa- ny, in the City of Dubuque. Seconded by Del Toro. City Council discussed the need for the project and the citizen communications they received expressing concerns over project funding. City Manager Van Milligen explained that since 80 percent of the project is federally funded, the funds cannot be used toward debt repayment adding that the project does not incur additional city debt. Motion carried 7-0. RESOLUTION NO. 160-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY FAHEY FAMILY / RAINBO OIL COMPANY, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque (City) in- tends to acquire certain real property owned by Fahey Family / Rainbo Oil Company (Own- er), at the intersection of University Avenue and Asbury Road legally described as follows (the Property): Lot 1: NW 25 feet of Lot 2 Finley Addition Lot 2: SE 41 feet of Lot 2 in Finley Addition Lot 3: Lot 1-1 and 2-1 in Finley Addition Lot 4: Lot 1 of Mineral Lot 170 Lot 5: Lot 4, 1-3, 2-3, 2-2 and 1-2 all in Mineral Lot 170 all in the City of Dubuque, Dubuque Coun- ty, Iowa Book 146 Regular Session, April 18, 2016 151 for the purpose of as an advance protective purchase to preserve the corridor identified in the East – West Corridor Connectivity Study; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before pro- ceeding with condemnation; and Whereas, an Offer to Buy and Acceptance has been negotiated with the Owner; and Whereas, it is in the best interest of the City to acquire the property under the terms of the Offer to Buy and Acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed to the Property, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate Section 3. That the City Attorney be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Attorney be and is hereby directed to forward a copy of this Reso- lution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 5. Dubuque Industrial Center Building Pad 1 Sanitary Sewer Extension Project Award: City Manager recommending award of the construction contract for the Dubuque Industri- al Center Building Pad 1 Sanitary Sewer Ex- tension Project to the low bidder McDermott Excavating. Motion by Connors to receive and file the documents and adopt Resolution No. 161-16 Awarding public improvement contract for the Dubuque Industrial Center South, Build- ing Pad 1 Sanitary Sewer Extension. Second- ed by Del Toro. Motion carried 7-0. RESOLUTION NO. 161-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH, BUILDING PAD 1 SANI- TARY SEWER EXTENSION Whereas, sealed proposals have been submitted by contractors for the Dubuque In- dustrial Center South, Building Pad 1 Sanitary Sewer Extension Project, (the Project) pursu- ant to Resolution No. 100-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 25th day of March, 2016; and Whereas, said sealed proposals were opened and read on the 7th day of April, 2016 and it has been determined that McDermott Excavating of Dubuque, Iowa with a bid in the amount of $77,256.85 is the lowest respon- sive, responsible bidder for the Project. 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 McDermott Ex- cavating and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 6. 2016 Sewershed 7, 11 and 12 Manhole Replacement Project Award: City Manager recommending award of the construction con- tract for the 2016 Sewershed 7, 11 and 12 Manhole Replacement Project to the low bid- der Connolly Construction, Inc. Motion by Lynch to receive and file the documents and adopt Resolution No. 162-16 Awarding public improvement contract for the FY16 Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 162-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE FY16 SEWERSHED 7, 11 AND 12 SANITARY SEWER MANHOLE PROJECT Whereas, sealed proposals have been submitted by contractors for the FY16 Sew- ershed 7, 11 and 12 Sanitary Sewer Manhole Project, (the Project) pursuant to Resolution No. 101-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 25th day of March, 2016; and Whereas, said sealed proposals were opened and read on the 7th day of April, 2016 and it has been determined that Connolly Construction, Inc. of Peosta, Iowa with a bid in the amount of $110,274.20 is the lowest re- sponsive, responsible bidder for the Project. 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 Connolly Con- struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Book 146 Regular Session April 18, 2016 152 Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 7. Key West Drive Reconstruction Project Award: City Manager recommending award of the construction contract for the Key West Drive Reconstruction Project to the low bidder Top Grade Excavating, Inc. Motion by Lynch to receive and file the documents and adopt Resolution No. 163-16 Awarding public im- provement contract for the Key West Drive Water Main Extension Project. Seconded by Del Toro. City Manager Van Milligen stated that project funding has been identified through reallocation of other capital improve- ments. Motion carried 7-0. RESOLUTION NO. 163-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE KEY WEST DRIVE WA- TER MAIN EXTENSION PROJECT Whereas, sealed proposals have been submitted by contractors for the Key West Water Main Extension Project, (the Project) and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 16th day of March, 2016; and Whereas, said sealed proposals were opened and read on the 28th day of March, 2016 and it has been determined that Top Grade Excavating, Inc. of Farley, Iowa with a total bid in the amount of $856,909.33 is the lowest responsive, responsible bidder for the Project. 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 Top Grade Exca- vating, Inc. 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 18th day of April, 2016. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Mayor Buol reported on the National League of Cities Mayors Institute on Financial Inclusion that he is currently attending in Chi- cago. Mayor Pro-Tem Jones and Council Mem- ber Resnick reported on the recent cross burn- ing incident and expressed their thanks to the community for its support and solidarity. CLOSED SESSION Motion by Connors to convene in closed session at 7:33 p.m. to discuss pending litiga- tion and property acquisition pursuant to Chap- ter 21.5(1)(c), -(j) Code of Iowa. Seconded by Resnick. Mayor Pro-Tem Jones stated for the record, the attorneys who will consult with Council on the issues to be discussed in the closed session are Maureen Quann and Ivan Webber. Upon motion the City Council reconvened in open session at 8:58 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 8:59 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special and Regular Sessions, May 2, 2016 153 153 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on May 2, 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 Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Skills Gap. WORK SESSION SKILLS GAP ANALYSIS Rick Dickinson, CEO/President, and Kristin Dietzel, VP of Workforce Solutions for Greater Dubuque Development Corp. provided a slide presentation on Skills Gap Analysis. Topics included: • Labor market overview • Employment growth • Working age population growth • Earnings per worker • Skills gap: methodology • Population by race/ethnicity and gender • Education attainment overview for Dubuque 7-county region • Skills gap by occupation • EMSI data calculation and projec- tions The City Council had discussion with Mr. Dickinson and Ms. Dietzel following the presentation. There being no further business, upon mo- tion the City Council adjourned at 6:20 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 2, 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 Lindahl 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 PROCLAMATION(S) KDTH Day (May 4, 2016) was accepted by KDTH News Director Jesse Gavin; Historic Preservation Month (May 2016) was accepted by Historic Preservation Com- mission Chairperson Christina Monk; Mental Health Month (May 2016) was ac- cepted by Matt Zanger of Mental Health Amer- ica – Dubuque County. ICMA FELLOWSHIP EXCHANGE Assistant City Manager Cindy Steinhauser introduced members of the latest International City/County Fellowship Exchange Program Mr. Sothy Roth Sam Oeurn of Cambodia, Mr. Al- fian of Indonesia, Ms. Rina Rachmawati of Indonesia, Ms. Walaiporn (Bee) Phumirat of Thailand. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Council Member Jones requested (#4) Chris Kohlmann Receives Women of Achievement Award be held for separate discussion. Motion carried 7- 0. 1. Minutes and Reports Submitted: City Council Proceedings of 4/18; Housing Com- mission of 3/22; Zoning Advisory Commission of 4/6; Proof of Publication for City Council Proceedings of 4/4. Upon motion the docu- ments were received and filed. Book 146 Regular Session May 2, 2016 154 2. Notice of Claims and Suits: Café Fraiche for property damage/loss of revenue, Terry Leibold for vehicle damage, and Agnes Nadermann for property damage; Devon Phil- lips for lost property. Upon motion the docu- ments were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Cafe Fraiche for property damage/loss of revenue; Terry Leibold for vehicle damage; Agnes Nadermann for property damage. Upon motion the documents were received, filed and concurred. 4. Chris Kohlmann Receives Women of Achievement Award: City Manager transmit- ting information on Information Services Man- ager Chris Kohlmann receiving the Achieve- ments in Her Field Award from the Women’s Leadership Network that recognizes and hon- ors women who have already, or aspire to, provide significant contributions in their profes- sional, personal and volunteer roles in the community. Motion by Jones to receive and file the documents. Seconded by Resnick. Council Member Jones recognized Ms. Kohlmann for her achievements. Motion carried 7-0. 5. Ken Kringle Historic Preservation Awards: Historic Preservation Commission submitting information on the 2016 Ken Kringle Historic Preservation Awards that were pre- sented at the April 2016 Architecture Days and recognize exemplary rehabilitation efforts of eight properties. Upon motion the documents were received and filed. 6. Historic Tax Credit Workshop: Historic Preservation Commission transmitting infor- mation on a free Historic Tax Credits Work- shop on May 24, 2016 at Inspire Café spon- sored by the Commission. Upon motion the documents were received and filed. 7. Sustainable Dubuque Community Grant Recommendations: City Manager recommend- ing approval of four projects for funding from the Sustainable Dubuque Community Grant Program. Upon motion the documents were received, filed and approved. 8. Community Development Block Grant (CDBG) Fiscal Year 2016 Annual Action Plan Amendment 4: City Manager recommending adoption of the FY2016 Annual Action Plan – Amendment 4 for the Community Develop- ment Block Grant (CDBG) Program that real- locates funding for the FY2017 Annual Action Plan. Upon motion the documents were re- ceived and filed and Resolution No. 164-16 Approving Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 4 for Community Development Block Grant (CDBG) Funds was adopted. RESOLUTION NO. 164-16 APPROVING FISCAL YEAR 2016 (PRO- GRAM YEAR 2015) ANNUAL ACTION PLAN AMENDMENT 4 FOR COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) FUNDS Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Years 2016; and Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocating funds between existing activities; and Whereas, said amendment is a non- substantial amendment as provided in the City's Citizen Participation Plan and therefore must be approved by resolution of the City Council after recommendation by the Commu- nity Development Advisory Commission; and Whereas, the Community Development Advisory Commission reviewed said amend- ment during a public meeting on April 20, 2016 and voted to approve said amendment and recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plan for Fiscal Year 2016 (Program Year 2015) is hereby amended to reallocate funding from Multicultural Family Center to Neighborhood Infrastructure Activities as described in the FY 2016 Annual Action Plan – Amendment 4, attached hereto as Exhibit A. Section 2. That said Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 4 attached hereto as Exhibit A is hereby approved. Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and amendment to the U.S. Department of Housing and Urban Develop- ment. Passed, approved and adopted this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Community Development Block Grant (CDBG) Fiscal Year 2017 Annual Action Plan: City Manager recommending approval of a resolution adopting the Fiscal Year 2017 An- nual Action Plan and authorizes the City Man- ager to prepare and submit the Plan to the U.S. Department of Housing and Urban De- velopment (HUD). Upon motion the documents Book 146 Regular Session, May 2, 2016 155 155 were received and filed and Resolution No. 165-16 Adopting the Fiscal Year 2017 (Pro- gram Year 2016) Community Development Block Grant (CDBG) Annual Action Plan was adopted. RESOLUTION NO. 165-16 ADOPTING THE FISCAL YEAR 2017 (PRO- GRAM YEAR 2016) COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN Whereas, the City of Dubuque has, through a series of public meetings and hear- ings, proposed a Fiscal Year 2017 (Program Year 2016) Community Development Block Grant Annual Action Plan addressing both housing and non-housing needs in the com- munity; and Whereas, copies of the draft Fiscal Year 2017 (Program Year 2016) CDBG Annual Ac- tion Plan have been available for public com- ment 30 days prior to City Council action; and Whereas, the City's Community Develop- ment Advisory Commission has reviewed and recommended adoption of an Annual Action Plan following a public hearing; and Whereas, the City Council has held a pub- lic hearing on the proposed plan on February 17, 2016 following a 30 day public comment period; and Whereas, City Council has included the Fiscal Year 2017 Annual Action Plan in the Fiscal Year 2017 City Budget on March 14, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Community Develop- ment Block Grant Fiscal Year 2017 (Program Year 2016) Annual Action Plan, attached here- to as Exhibit A and by this reference made a part hereof, is hereby adopted. Section 2. That the Community Develop- ment Block Grant Fiscal Year 2017 (Program Year 2016) Annual Action Plan, shall be in- cluded in the Five Year Consolidated Plan for the use of Community Development Block Grant Funds for Fiscal Year 2016-2020. Section 3. The City Manager is hereby au- thorized and directed to prepare and submit to the United States Department of Housing and Urban Development the Fiscal Year 2017 (Program Year 2016) Annual Action Plan with all related documents for the use of Communi- ty Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved and adopted this 2nd day of May 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Contract for Services with Circles® USA: City Manager recommending approval of a contract with Circles® USA for consulting services for the Dubuque Circles® Initiative. Upon motion the documents were received, filed and approved. 11. 2016 Pavement Marking Project Award: City Manager recommending award of the public improvement contract or the 2016 Pavement Marking Project to SELCO, Inc. Upon motion the documents were received and filed and Resolution No. 166-16 Awarding the public improvement contract for the 2016 Pavement Marking Project was adopted. RESOLUTION NO. 166-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE 2016 PAVEMENT MARK- ING PROJECT Whereas, sealed proposals have been submitted by contractors for the 2016 Pave- ment Marking Project, (the Project) pursuant to Resolution No. 115-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 8th day of April, 2016; and Whereas, said sealed proposals were opened and read on the 21st day of April, 2016 and it has been determined that SELCO, Inc. of Dubuque, Iowa with a bid in the amount of $117,843.63 is the lowest responsive, re- sponsible bidder for the Project. 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 SELCO, Inc. 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 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Fiscal Year 16 Sewershed 5, 7, 11, 12 Manhole Project Award: City Manager recom- mending that the that the award for the FY16 Sewershed 5, 7, 11 and 12 Sanitary Sewer Manhole Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 13. Compensation Package for Non- bargaining Unit Employees: City Manager rec- ommending that effective July 1, 2016 through June 30, 2017, the wage plans in effect on June 30, 2016 for general employee classifica- tions and non-assigned classifications be in- creased by 2.5% across the board. Upon mo- tion the documents were received and filed Book 146 Regular Session May 2, 2016 156 and Resolution No. 167-16 Approving the compensation package for Non-Bargaining Unit Employees for Fiscal Year 2016 was adopted. RESOLUTION NO. 167-16 APPROVING THE COMPENSATION PACK- AGE FOR NON-BARGAINING UNIT EM- PLOYEES FOR FISCAL YEAR 2017 Whereas, the City Manager has recom- mended the compensation package for Non- bargaining Unit Employees for Fiscal Year 2017; and Whereas, the recommended compensation package for Non-bargaining Unit employees is consistent with the compensation package to be received by Bargaining Unit employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the compensation package for Non-bargaining Unit employees for Fiscal Year 2017 is hereby approved. Passed, approved and adopted this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Southwest Arterial Project Property Acquisition - Neztrop, LLC and Portzen Build- ing Firm, LLC: City Attorney recommending approval of a Purchase Agreement for acquisi- tion of property and easements for the South- west Arterial Project from Neztrop, LLC and Portzen Building Firm, LLC Upon motion the documents were received, filed and approved. 15. Pre-Annexation Agreement – Culbert- son: City Manager recommending approval of a Pre-Annexation Agreement with Thomas R. and Carrie A. Culbertson, property owners of Lot 18 in Twin Ridge Subdivision. Upon motion the documents were received and filed and Resolution No. 168-16 Approving a Pre- Annexation Agreement between the City of Dubuque, Iowa and Thomas R. and Carrie A. Culbertson was adopted. RESOLUTION NO. 168-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THOMAS R. AND CARRIE A. CULBERTSON Whereas, Thomas R. and Carrie A. Cul- bertson , owners of the following described property in Dubuque County, Iowa (the Proper- ty) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lots 18 in Twin Ridge Subdivision No. 5 in Section 12 in Table Mound Town- ship, Dubuque County, Iowa according to the recorded plat thereof. Whereas, Thomas R. and Carrie A. Cul- bertson have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Thomas R. and Carrie A. Cul- bertson and the City of Dubuque is hereby approved. Passed, approved and adopted this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Pre-Annexation Agreement – Noel: City Manager recommending approval of a Pre- Annexation Agreement with Dennis J. and Jean M. Noel, property owners of Lot 3 in Twin Ridge Subdivision. Upon motion the docu- ments were received and filed and Resolution No. 169-16 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Dennis J. and Jean M. Noel was adopted. RESOLUTION NO. 169-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DENNIS J. AND JEAN M. NOEL Whereas, Dennis J. and Jean M. Noel, owners of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexa- tion of the Property to the City of Dubuque: Lots 3 in Twin Ridge Subdivision No. 4 in Section 12, Table Mound Township, Dubuque County, Iowa according to the recorded plat thereof; and Whereas, Dennis J. and Jean M. Noel have entered into a Pre-annexation Agreement Book 146 Regular Session, May 2, 2016 157 157 with the City of Dubuque a copy of which is attached hereto governing the future annexa- tion of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Dennis J. and Jean M. Noel and the City of Dubuque is hereby approved. Passed, approved and adopted this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Pre-Annexation Agreement – Welsh: City Manager recommending approval of a Pre-Annexation Agreement with Donald and Margery A. Welsh, property owners of property located at the northeast corner of Key West Drive and Lake Eleanor Drive. Upon motion the documents were received and filed and Resolution No. 170-16 Approving a Pre- Annexation Agreement between the City of Dubuque, Iowa and Donald and Margery A. Welsh was adopted. RESOLUTION NO. 170-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DONALD AND MARGERY A. WELSH Whereas, Donald and Margery A. Welsh, owners of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexa- tion of the Property to the City of Dubuque: Lots 2 of Margery Welsh Place in Dubuque County, Iowa; south 15 feet of Lot 1 of Lot 78; and south 15 feet of Lot 2 of Lot 78; all in Key West, Dubu- que County, Iowa according to the rec- orded plats thereof; subject to highway and easements of record; and Whereas, Donald and Margery A. Welsh have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexa- tion of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Donald and Margery A. Welsh and the City of Dubuque is hereby approved. Passed, approved and adopted this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 18. Urban Deer Management Plan 2016- 2017: City Manager transmitting the City of Dubuque 2015-2016 Urban Deer Management Report and recommending approval of the 2016-2017 Urban Deer Management Plan. Upon motion the documents were received, filed and approved. 19. Weaver Castle, LLC - Third Amend- ment to Development Agreement for 1576- 1580 Locust Street: City Manager recommend- ing approval of a Third Amendment to the De- velopment Agreement with Weaver Castle, LLC for the redevelopment of the property at 1576-1578-1580 Locust Street extending the completion date to June 30, 2016. Upon mo- tion the documents were received and filed and Resolution No. 171-16 Approving the Third Amendment to Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC was adopted. RESOLUTION NO. 171-16 APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) entered into a Development Agreement dated for ref- erence purposes the 6th day of April, 2014 for Book 146 Regular Session May 2, 2016 158 the redevelopment of the property at 1576- 1578-1580 Locust Street; and Whereas City and Developer now desire to amend the Development Agreement as set forth in the Third Amendment to Development Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby ap- proves the Third Amendment to Development Agreement. Section 2. The Mayor is authorized and di- rected to sign the Third Amendment to Devel- opment Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Code of Ordinances - Adoption of Sup- plement 21: City Clerk recommending adop- tion of Supplement No. 21 to the City of Dubu- que Code of Ordinances. Upon motion the documents were received and filed and Reso- lution No. 172-16 Adopting Supplement No. 21 to the Code of Ordinances of the City of Dubu- que, Iowa was adopted. RESOLUTION NO. 172-16 ADOPTING SUPPLEMENT NO. 21 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Io- wa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 21 of the Code of Ordinances of the City of Dubuque, Iowa covering Ordinance Nos. 13-15, 16-15 through 20-15, 23-15, 24-15, 73-15, 74-15 and 1-16 as adopted by the City Council through March 7, 2016, prepared by the Sterling Codi- fiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Or- dinances of the City of Dubuque, Iowa. Passed, approved and adopted this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Signed Contracts: Area Residential Care, Inc., Vocation Services (ARC) agree- ment with the City of Dubuque for performing clean-up services in City parks. Upon motion the documents were received and filed. 22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Connolly Construction for the FY16 Sewershed 7, 11, and 12 Manhole Project; McDermott Excavat- ing for the FY16 Sewershed 5 Manhole Pro- ject; Tschiggfrie Excavating. Co. for the 2016 Bridge Repairs and Maintenance Project. Up- on motion the documents were received, filed and approved. 23. Alcohol Compliance Civil Penalty for Alcohol License Holder – Days Inn & Spirits Bar & Grill: City Manager recommending ap- proval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Days Inn & Spirits Bar & Grill, 1111 Dodge Street. Upon motion the documents were re- ceived, filed and approved. 24. Tobacco Compliance – Civil Penalty for Tobacco License Holder – Tott's Tap: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Tott's Tap, 3457 Jackson Street. Upon motion the docu- ments were received, filed and approved. 25. 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. 173-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 173-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; and Book 146 Regular Session, May 2, 2016 159 159 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 re- quirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Renewals Easy Street, 30 Main St., Class C Liquor (Out- door) (Sunday) Ichiban Hibachi Steakhouse & Sushi Bar, 3187 University Ave., Class C liquor (Sunday) Kmart # 4018, 2600 Dodge St., Class C Beer, Class B Wine (Sunday) Marco's Italian American Food, 2022 Central Ave., Class C Liquor Oky Doky #1, 250 W 1st St., Class C Beer, Class B Wine (Sunday) Paradise Distilling Company, 245 Railroad Ave., Class A Mico-distilled Spirits Paro Food Mart, 3200 Central Ave., Class C Liquor (Sunday) Shenanigans Pub, LLC, 3203 Jackson St., Class C Liquor (Sunday) Shot Tower Inn, 390 Locust St., Class C (Sun- day) Tobacco Outlet Plus #504, 806 Wacker Dr., Class C Beer, Class B Wine (Sunday) Tott's Tap, 3457 Jackson St., Class C Liquor (Sunday) Special Events America's River Corporation 6-9, 300 Main St., Class C Liquor (Outdoor) Catfish Charlie’s 5-10, 6-5, 7-10, 8-7, 145 N Crescent Ridge, Class B Beer (Outdoor) Dubuque County Fine Arts Society 5-20, Town Clock Plaza, Class B Beer (Outdoor) (Sun- day) Dubuque Jaycees 6-17, 7-15, 8-9, 9-2, 7th and Main St., Class B Beer (Outdoor) Kickoff to Summer - Music N More 5-26, Town Clock Plaza, Class B Beer (Outdoor) Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Passed, approved and adopted this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Carnegie-Stout Public Library - Maker Space Project: City Manager recommending preliminary approval of the construction plans and specifications, authorize the public bidding process and set a public hearing for May 16, 2016 for the Carnegie-Stout Public Library's Maker Space Project. Upon motion the docu- ments were received and filed and Resolution No. 174-16 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 16, 2016 in the Historic Federal Building. RESOLUTION NO. 174-16 CARNEGIE-STOUT PUBLIC LIBRARY MAKER SPACE PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Carnegie- Stout Public Library Maker Space Project in the estimated amount $123,750.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 16th day of May, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Carnegie-Stout Public Library Maker Space Project is hereby ordered to be adver- tised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- Book 146 Regular Session May 2, 2016 160 provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa and which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 3rd day of June, 2016. Bids shall be opened and read by the City Clerk at said time and will be submit- ted to the City Council for final action at 6:30 p.m. on the 20th day of June, 2016, in the His- toric Federal Building Council Chambers (sec- ond floor), 350 West 6th Street, Dubuque, Io- wa. Passed, adopted and approved this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Transit Advisory Board Student Fare Recommendation: City Manager recommend- ing that a public hearing be set for June 6, 2016 for discussion and approval of the Jule Transit student fares for the 2016-2017 school year as recommended by the Transit Advisory Board. Upon motion the documents were re- ceived and filed and Resolution No. 175-16 Setting the date for a public hearing establish- ing a fixed-route student fare was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on June 6, 2016 in the Historic Federal Building. RESOLUTION NO. 175-16 SETTING THE DATE FOR A PUBLIC HEAR- ING ESTABLISHING A FIXED-ROUTE STU- DENT FARE Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens of Dubuque; and Whereas, the number of rides to students has increased; and Whereas, the cost to provide said services have continued to increase; and Whereas, The City of Dubuque desires to continue to provide fixed-route and paratransit services to its citizens; and Whereas, the proposed fare will impact student riders and Whereas, a student fare is proposed to in- clude a per-ride and low-cost annual pass op- tion for students, the following student fare type categories and fares are proposed: Student Fixed-Route Fares Student under 11 years, Free with Jule- issued Swipe Card Student 11-18 years annual pass, $10 annual pass with proof of age Student 11-18 years per ride, $0.75 per ride with student ID If approved, the proposed fixed-route fare type and related revisions take effect on Au- gust 1, 2016. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: A public hearing will be held as part of the City Council Budget Hearing meet- ing on June 6, 2016. The meeting will begin at 6:30 p.m. and will be held in the City Council Chambers of the Historic Federal Building, 350 W 6th Street, Dubuque, Iowa. The purpose of the hearing is to allow public comment on the establishment of a student fare type. Section 2: Interested persons may com- ment on the proposed fare increase either in writing by filing with the City Clerk prior to the time of the public hearing or in person at the public hearing. Any comments submitted will be considered by the City Council and follow- ing the public hearing, the City Council will act to adopt or reject the proposed fare increase. Passed, approved and adopted this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS 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, 2018 (Vacant term of Carr – Residential Con- tractor). Applicant: Mark Gudenkauf, 1251 Deer Creek Ridge. Mr. Gudenkauf spoke in support of his appointment and provided a brief biography. Appointments were made to the following Board/Commission. 2. Human Rights Commission: Two, 3-year terms through January 1, 2017 (Vacant terms of Engling and Melchert). Applicants: Jeff Len- hart, 1274 Locust St. #3; and Jay Schiesl, 195 W. 17th St. Motion by Lynch to appoint Mr. Lenhart and Mr. Schiesl to 3-year terms through January 2017. Seconded by Jones. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council on the following items. 1. Request to Amend Plaza 20 Planned Unit Development District: Proof of publication on notice of public hearing to consider approv- al of a request from Sara Hutchinson to amend the Plaza 20 Planned Unit Development (PUD) District at 2600 Dodge Street to allow con- struction of new retail space and rezone prop- Book 146 Regular Session, May 2, 2016 161 161 erty from R-1 Single-Family Residential to Planned Unit Development and the Zoning Advisory Commission recommending approval with the condition that the landscaping added along the east side of the PUD be a shade tree variety. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Applicant Sara Hutchinson spoke in favor of the request. Planning Services Laura Carstens provided a staff report. Ms. Hutchinson and Ms. Carstens responded to questions from the City Council regarding fencing and landscaping and litter control concerns raised by the neighboring property owners. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 13-16 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by re- scinding Ordinances 15-62, 67-78, 52-91, and 6-99 which established regulations for the Pla- za 20 PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to allow for the develop- ment of new retail space at the east side of the shopping plaza, and the rezoning of an adja- cent parcel from R-1 Single-Family Residential to PUD Planned Unit Development. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 13-16 AMENDING TITLE 16, THE UNIFIED DE- VELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCES 15-62, 67-78, 52-91, AND 6-99 WHICH ESTABLISHED REGULATIONS FOR THE PLAZA 20 PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIG- NATION AND NOW BEING AMENDED TO ALLOW FOR THE DEVELOPMENT OF NEW RETAIL SPACE AT THE EAST SIDE OF THE SHOPPING PLAZA, AND THE REZONING OF AN ADJACENT PARCEL FROM R-1 SINGLE-FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Devel- opment Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 15-62, 67-78, 52-91, and 6-99 which established regulations for the Plaza 20 Planned Unit Development District with a Planned Commercial District designation, and now being amended to allow for the develop- ment of new retail space and the rezoning of an adjacent parcel from R-1 Single-Family Residential to Planned Unit Development for the following described property, to wit: As shown in Exhibit A, and to the center- line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. A. Use Regulations The following regulations shall apply to all uses made of land in the above-described Planned Unit Development: Principal permitted uses: The following uses are permitted in the Plaza 20 Planned Unit Development: 1. Regional shopping center 2. Retail sales/service 3. Indoor restaurant 4. Drive-in/carry-out restaurant 5. General offices 6. Indoor recreation 7. Outdoor recreation 8. Auto sales and service 9. Auto service centers 10. Automated gas station 11. Self-service car wash 12. Business services 13. Hotel 14. Motel 15. Auditorium or assembly hall Accessory Uses: The following accessory uses are permitted in the Plaza 20 Planned Unit Development: 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Outdoor seating as part of an in- door restaurant, bar or tavern. Conditional Uses: The following condi- tional uses are permitted in the Plaza 20 Planned Unit Development, subject to the provisions of Section 8 of the Unified De- velopment Code that establishes re- quirements for application to the Zoning Board of Adjustment for a conditional use permit, and any other specific conditions listed below for a conditional use. 1. Licensed child care centers, provid- ed that: a. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; b. All licenses have been issued or have been applied for and are awaiting the outcome of the state’s decision; and c. Such use shall not be located with- in the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servic- ing, repairing, or renting vehicles. d. The conditional use applicant certi- fies that the premises on which the licensed child care center will be lo- Book 146 Regular Session May 2, 2016 162 cated complies with, and will for so long as the licensed child care cen- ter is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials. e. If the applicant is subject to the re- quirements of Section 302 of the Superfund Amendments and Reau- thorization Act of 1986, as amend- ed, the Emergency Management Director shall certify whether or not the applicant has submitted a cur- rent inventory of extremely hazard- ous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the appli- cant shall also post in a conspicu- ous place on the premises a notice indicating a description of the ex- tremely hazardous substances, and the physical and health hazards presented by such substances. f. Applicant shall submit an evacua- tion plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials in- cident. The plan shall include a “house in place” scenario in which the children can be kept safely with- in a room of the building that has no penetration to the outside (win- dows, doors, etc.). g. Applicant shall submit plans for approval by the City that indicate the installation of a main emergen- cy shut-off switch for the heating, ventilation, and air conditioning (HVAC) system to minimize the in- filtration risk of airborne hazardous materials. B. Lot and Bulk Regulations The following bulk regulations shall apply in the Plaza 20 Planned Unit Development, subject to the provisions of the Unified De- velopment Code. 1. All shopping center buildings, struc- tures, and activities shall be devel- oped in substantial conformance with the attached conceptual development plan. 2. All shopping center buildings and structures shall be limited to a maxi- mum height of 40 feet. 3. All buildings and structures located on out lots shall be developed in compliance with the bulk regulations of the C-3 General Commercial dis- trict. C. Sign Regulations 1. The provisions of the City of Dubu- que Unified Development Code, Sec- tion 15 Signs shall apply unless fur- ther regulated by this section. 2. On-premise signs: On-premise signs shall be regulated in accordance with the provisions of Exhibit B. 3. Off-premise signs: Off-premise signs shall be prohibited. 4. Variances: Variances from sign re- quirements for size, number, and height may be requested. Such vari- ances shall be reviewed by the Zon- ing Board of Adjustment in accord- ance with Article 8-6 of the Unified Development Code. D. Parking Regulations 1. Parking requirements for Plaza 20 shall be one space per 250 square feet of retail space accessible to the general public. 2. All vehicle-related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. 3. Curbing and proper surface drainage of storm water shall be provided. 4. All parking and loading spaces shall be delineated on the surfacing mate- rial by painted stripes or other per- manent means. 5. The size and design of parking spaces shall be governed by applica- ble provisions of the Unified Devel- opment Code enforced at the time of development of the lot. 6. The number, size, design, and loca- tion of parking spaces designated for persons with disabilities shall be ac- cording to the local, state, or federal requirements in effect at the time of development. 7. Parking requirements for businesses located on out lots shall comply with the provisions of Section 14 of the Unified Development Code. E. Site Lighting 1. Exterior illumination of site features shall be limited to the illumination of the following: a. Parking areas, driveways and loading facilities. b. Pedestrian walkway surfaces and entrances to building. c. Building exterior. 2. Location and Design a. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. Book 146 Regular Session, May 2, 2016 163 163 b. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. c. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. F. Exterior Trash Collection Areas 1. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. 2. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not ex- ceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on slop- ing grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. G. Performance Standards The development and maintenance of uses in this Planned Unit Development shall be established in conformance with the follow- ing standards. 1. That the east side of Plaza 20 adja- cent to the new retail space be plant- ed with species of shade trees that will provide an effective screen in the future between the commercial plaza and residential properties to the east. 2. Platting: Subdivision plats shall be submitted in accordance with Section 11 Land Subdivision of the City of Dubuque Unified Development Code. 3. Site Plans: Final site development plans shall be submitted in accord- ance with Section 12 Site Plans and Section 13 Site Design Standards of the City of Dubuque Unified Devel- opment Code prior to construction of each building and vehicle-related fea- ture unless otherwise exempted by Article 12. 4. Storm Water Conveyance: The de- veloper of each lot shall be responsi- ble for providing surface or subsur- face conveyance(s) of storm water from the lot to existing storm sewers or to the flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering De- partment of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drain- age shall apply to properties in the Planned Unit Development. H. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located under- ground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regula- tions, laws and other controls relative to the planning, construction, opera- tion and management of property within the city of Dubuque. I. Transfer of Ownership Transfer of ownership or lease of proper- ty in the Plaza 20 PUD shall include in the transfer or lease agreement a provi- sion that the purchaser or lessee acknowledges awareness of the condi- tions authorizing the establishment of the District PUD. J. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, with the Dubuque County Re- corder as a permanent record of the con- ditions accepted as part of this reclassifi- cation approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 2nd day of May, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of May, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Request to Amend Tower Hills Planned Unit Development District on Rockdale Road / South Pointe Village: Proof of publication on notice of public hearing to consider approval of a request by Chris Miller to amend the Tower Hills Planned Unit Development (PUD) District on Rockdale Road to allow development of South Pointe Village; comprised of two Com- mercial lots and Single and Multi-Family resi- dences and the Zoning Advisory Commission recommending approval with the condition that the secondary emergency access be required when 100 dwelling units are completed. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be Book 146 Regular Session May 2, 2016 164 suspended. Seconded by Lynch. Applicant Chris Miller spoke in support of the request. Planning Services Laura Carstens provided a staff report. Ms. Carstens and City Manager Van Milligen responded to questions from the City Council regarding the number of units as it relates to the secondary emergency access road, increased traffic, evaluation of future repairs to Rockdale Road and citizen concerns about the noise ordinance and waivers as they apply to construction sites. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 14-16 Amend- ing Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by reclassifying hereinafter described property located at 2475 Rockdale Rd. from R-1 Single- Family Residential Zoning District to PUD Planned Unit Development with a PR Planned Residential Designation and amending the Tower Hills Planned Unit Development to allow the development of the South Pointe Planned Unit Development comprised of single and multi-family residential dwellings and commer- cial building lots. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 14-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNI- FIED DEVELOPMENT CODE BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2475 ROCKDALE RD FROM R-1 SINGLE-FAMILY RESIDEN- TIAL ZONING DISTRICT TO PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESIDENTIAL DESIGNATION AND AMENDING THE TOWER HILLS PLANNED UNIT DEVELOPMENT TO AL- LOW THE DEVELOPMENT OF THE SOUTH POINTE PLANNED UNIT DEVELOPMENT COMPRISED OF SINGLE AND MULTI- FAMILY RESIDENTIAL DWELLINGS AND COMMERCIAL BUILDING LOTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter described property from R-1 Single-Family Residential Zoning District to PUD Planned Unit Development District with a PR Planned Residential designation and adopting a new conceptual development plan, a copy of which is attached to and made a part hereof, for the South Pointe project as stated below, to wit: As shown in Exhibit 1, and to the cen- terline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the South Pointe Planned Unit Development marked Exhibit 1. It is recognized that minor shifts or modifications to the general plan lay- out may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A. Use Regulations Zone A: General Purpose and Descrip- tion: Zone A is intended to provide build- ing lots for single-family detached dwell- ings and accessory structures as well as park and open space. 1. Development of property within Zone A of the South Pointe Planned Unit Development shall be regulat- ed by Section 16-5-2 of the City Code, R-1 Single-Family Residen- tial. Zone B: General Purpose and Descrip- tion: Zone B is intended to provide build- ing lots for multi-Family Residential dwell- ings including two-unit and three-unit lat- erally attached dwellings and accessory structures. 1. Development of property with Zone B of the South Pointe Planned Unit Development shall be regulated by Section 16-5-5 of the Unified De- velopment Code, R-3 Moderate Density Multi-Family Residential. Zone C: General Purpose and Descrip- tion: Zone C is intended to provide space for commercial businesses to serve South Pointe and the surrounding com- munity. 1. Development of property within Zone C of the South Pointe Planned Unit Development shall be regulated by the provisions of Sec- tion 16-5-11 of the Unified Devel- opment Code, C-2 Neighborhood Shopping Center District. B. Bulk Regulations Development of land within Zones A, B and C shall be regulated as follows: Book 146 Regular Session, May 2, 2016 165 165 Zone A Min Lot Area (Square Feet) Min Lot Footage (Feet) Max Lot Coverage (% Lot Area) Set backs Max Height (Feet) Front (Feet) Min Side (Feet) Min Rear (Feet) Min Max Permitted Uses Place of religious exercise or assembly, School 20,000 100 40 20 20 20 75* Single-Family detached dwelling 5,000 50 40 20 50 6 20 30 Conditional Uses Bed and breakfast home 5,000 50 40 20 50 6 20 30 Licensed adult day services, licensed child care center 5,000 50 40 20 6 20 30 Mortuary, funeral home or crematorium 20,000 100 40 20 20 20 30 * May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. Zone B Min Lot Area (square feet) Min Lot Front- age (feet) Max Lot Coverage (% lot area) Setbacks Max Height (feet) Front (feet) Min Side (feet) Min Rear (feet) Min Max Permitted Uses Multiple-family (six du max) 2,000/du 50 40 20 --- 4 20 30 Place of religious exercise or assembly, School 20,000 100 40 20 --- 20 20 75 1 Single-family detached dwelling 5,000 50 40 20 50 4 20 30 Townhouse (six du max) 1,600/du 16/du 40 20 --- 4/0 20/0 30 Two-family dwelling 5,000 50 40 20 50 4 20 30 Conditional Uses Individual zero lot line dwelling 5,000 50 40 20 50 10/0 20 30 Bed and breakfast home 5,000 50 40 20 50 4 20 30 Group home 5,000 50 40 20 --- 4 20 30 Hospice 5,000 50 40 20 --- 4 20 30 Housing for the elderly or disabled 20,000 100 40 20 --- 20 20 30 Licensed adult day ser- vices, Licensed child care center 5,000 50 40 20 --- 4 20 40 Mortuary, funeral home or crematorium 20,000 100 40 20 --- 20 20 30 Nursing or convalescent home 20,000 100 40 20 --- 20 20 30 Off-premise residential garage --- --- --- 20 --- 4 6 15 Rooming or boarding house 5,000 50 40 20 --- 4 20 30 1 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. Zone C Min Lot Area (Square Feet) Min Lot Footage (Feet) Max Lot Coverage (% Lot Area) Set backs Max Height (Feet) Front (Feet) Min Side (Feet) Min Rear (Feet) Min Max All Uses 10* 30 * Minimum 20 feet for garages facing a street ** When abutting a residential or office-residential district, a 20 foot side setback is required *** When abutting a residential or office-residential district, a 20 foot rear setback is required. Book 146 Regular Session May 2, 2016 166 C. Parking and Loading Regulations 1. The number, size and design of parking spaces shall be governed by applicable provisions in Arti- cles 13 and 14 of the City of Dubuque Unified Development Code. 2. The number, size and design and location of parking spaces desig- nated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 3. The location and number of pri- vate driveway intersections with public streets shall be reviewed and approved by the City Engi- neer. D. Sign Regulations 1. Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Devel- opment code Article 15 Signs shall apply unless further regulat- ed by this section 2. Signage for development zones within the South Pointe Planned Unit Development shall be regu- lated as follows: a. Within Zone A, Sign Regula- tions for the R-1 Single-Family Residential District, Section 16-15-11.1 of the Unified De- velopment Code, shall be fol- lowed. b. Within Zone B. Sign Regula- tions for the R-3 Moderate Density Multi-Family Residen- tial District, Section 16-14- 11.1 of the Unified Develop- ment Code, shall be followed. c. Within Zone C, Sign Regula- tions for the C-3 Neighbor- hood Shopping Center Dis- trict, Section 16-156-11.6 of the Unified Development Code, shall be followed. 3. Off-Premise Signs: Off-premise signs shall be prohibited. 4 Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjust- ment in accordance with Article 8- 6 of the Unified Development Code E. Performance Standards The development and maintenance of uses in this PUD District shall be estab- lished in conformance with the following standards 1. No more than 100 dwelling units shall be allowed to be developed until such time that a second public street access or secondary emergency ac- cess is developed to serve South Pointe. 2. Platting: The conceptual de- velopment plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivi- sion, of the City of Dubuque Unified Development Code. 3. Site Plans: Final site devel- opment plans shall be submit- ted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle-related feature un- less otherwise exempted by Article 12. 4. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsur- face conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satis- factory to the Engineering De- partment of the City of Dubu- que. Other applicable regula- tions enforced by the City of Dubuque relative to storm wa- ter management and drainage shall apply to properties in the PUD District. 5. Other Codes and Regula- tions: These regulations do not relieve an owner from oth- er applicable City, County, State or Federal Codes, regu- lations, laws and other con- trols relative to the planning, construction, operation and management of property in the PUD District. F. Transfer of Ownership Transfer of ownership or lease of proper- ty in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowl- edges awareness of the conditions au- thorizing the establishment of the district. G. Modifications Any modifications of this Ordinance must be approved by the City Council in ac- cordance with zoning reclassification Book 146 Regular Session, May 2, 2016 167 167 proceedings of Article 9-5 of the Unified Development Code. H. Recording A copy of this ordinance shall be record- ed at the expense of the property own- er(s) with the Dubuque County Recorder a permanent record of the conditions ac- cepted as part of this reclassification ap- proval within thirty (30) days after the adoption of this ordinance. This ordi- nance shall be binding upon the under- signed and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 2nd day of May, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of May, 2016. /s/Kevin S. Firnstahl, City Clerk 3. Development Agreement - Friends of St. Mary's/D/B/A Steeple Square, 1501 Jackson Street: Proof of publication on notice of public hearing to consider approval of the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Friends of St. Mary’s/D/B/A Steeple Square and the City Manager recommending approv- al. Motion by Connors to receive and file the documents and adopt Resolution No. 176-16 Approving a Development Agreement by and between the City of Dubuque, Iowa and Friends of St. Mary’s./D/B/A Steeple Square providing for the issuance of Urban Renewal Tax Increment Revenue Obligations for the redevelopment of 1501 Jackson Street. Se- conded by Del Toro. Developer John Gronen responded to questions from the City Council regarding who will maintain the facility and how facility maintenance will be paid for during the life of the development. Motion carried 7-0. RESOLUTION NO. 176-16 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF ST. MARY’S D/B/A/ STEEPLE SQUARE PROVIDING FOR THE ISSUANCE OF UR- BAN RENEWAL TAX INCREMENT REVE- NUE OBLIGATIONS FOR THE REDEVEL- OPMENT OF 1501 JACKSON STREET Whereas, the City Council, by Resolution No. 155-16, dated April 18, 2016, declared its intent to enter into a Development Agreement with Friends of St. Mary’s D/B/A/ Steeple Square for the redevelopment of 1501 Jackson Street in the City of Dubuque, Iowa (the Prop- erty); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on May 2, 2016 at 6:30 p.m. in the City Council Chambers at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement, for redevelopment of the Property by Friends of St. Mary’s D/B/A/ Steeple Square according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agree- ment by and between the City of Dubuque and Friends of St. Mary’s D/B/A/ Steeple Square, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Dubuque Industrial Center South - Verena Court Project: Proof of publication on notice of public hearing to approve the plans, specifications, form of contract and estimated cost for the Dubuque Industrial Center South - Verena Court Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 177-16 Approval of plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center South - Verena Court Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 177-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH - VERENA COURT PRO- JECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Book 146 Regular Session May 2, 2016 168 Dubuque Industrial Center South - Verena Court Project, in the estimated amount $245,157.00, are hereby approved. Passed, adopted and approved this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Fiscal Year 2016 Second Budget Amendment: Proof of publication on notice of public hearing to approve the Fiscal Year 2016 Second Budget Amendment and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 178-16 Amending the current budget for the Fiscal Year ending June 3, 2016 as amended last on September 22, 2015. Seconded by Lynch. Motion carried 7-0. Book 146 Regular Session, May 2, 2016 169 169 RESOLUTION NO. 178-16 AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2016 (AS AMENDED LAST ON 09/21/2015) Be it Resolved by the Council of the City of Dubuque Section 1. Following notice published 04/22/16 and the public hearing held, 5/2/2016 the current budget (as pre- viously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hearing: Total Budget as certified or last amend- Current Amendment Total Budget after Current Amendment Revenues & Other Financing 24,082,860 0 24,082,860 Taxes Levied on Property Less: Uncollected Property Taxes-Levy Year 0 0 0 Net Current Property Taxes 24,082,860 0 24,082,860 Delinquent Property Taxes 0 0 0 TIF Revenues 9,866,823 0 9,866,823 Other City Taxes 16,693,150 819,024 17,512,174 Licenses & Permits 1,652,955 -237,868 1,415,087 Use of Money and Property 13,056,244 267,427 13,323,671 Intergovernmental 68,937,307 1,843,025 70,780,332 Charges for Services 40,376,418 -309,860 40,066,558 Special Assessments 145,667 0 145,667 Miscellaneous 10,299,370 52,327 10,351,697 Other Financing Sources 45,851,813 9,869,007 55,720,820 Transfers In 28,186,119 1,690,702 29,876,821 Total Revenues and Other Sources 259,148,726 13,993,784 273,142,510 Expenditures & Other Financing Uses 28,291,675 605,869 28,897,544 Public Safety Public Works 13,503,846 94,345 13,598,191 Health and Social Services 1,127,809 20,534 1,148,343 Culture and Recreation 11,790,063 137,294 11,927,357 Community and Economic Develop- 13,193,908 450,004 13,643,912 General Government 7,935,505 117,153 8,052,658 Debt Service 9,948,088 4,785,000 14,733,088 Capital Projects 95,231,520 2,714,561 97,946,081 Total Government Activities Expendi- tures 181,022,414 8,924,760 189,947,174 Business Type / Enterprises 109,158,414 6,075,227 115,233,641 Total Gov Activities & Business Ex- penditures 290,180,828 14,999,987 305,180,815 Transfers Out 28,186,119 1,690,702 29,876,821 Total Expenditures/Transfers Out 318,366,947 16,690,689 335,057,636 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year -59,218,221 -2,696,905 -61,915,126 Beginning Fund Balance July 1 102,091,141 0 102,091,141 Ending Fund Balance June 30 42872920 -2696905 40176015 Book 146 Regular Session May 2, 2016 170 6. North Grandview Avenue, Delhi Street and Grace Street Roundabout Project: Proof of publication on notice of public hearing to con- sider approval of plans, specifications, form of contract and estimated cost for the North Grandview Avenue and Delhi Street Rounda- bout Intersection Improvement Project and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 179-16 Approval of plans, specifications, form of contract, and estimated cost for the North Grandview Ave- nue and Delhi Street Intersection Improvement project. Seconded by Resnick. Staff made a presentation. Topics included what is a mod- ern roundabout, reasons for using rounda- bouts, description of intersection under design, and simulations. Angela Allred, 1465 Parkway St. thanked staff for the public outreach and information and addressed the City Council regarding her concerns about pedestrian and bicycle safety. Ben Wilkinson of GHD ad- dressed Ms. Allred’s concerns about planned signage and crosswalk setbacks as well as the infeasibility of a crosswalk on the slope of North Grandview Ave. north of the intersection. Motion carried 7-0. RESOLUTION NO. 179-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE NORTH GRANDVIEW AV- ENUE AND DELHI STREET ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the North Grandview Avenue and Delhi Street Roundabout Intersection Improvement Project, in the estimated amount $839,164.63, are hereby approved. Passed, adopted and approved this 2nd day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS 1. Public Input and Start Time for City Council Meetings: City Attorney submitting two proposed ordinances concerning City Council discussion of the placement of Public Input on the Council agenda and adjusting the start time for regular meetings. Restated motion by Connors to receive and file the documents and consider the first reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure, Sec- tion 1-6A-3 Types of Meeting by establishing the meeting time for regular City Council meet- ings of 6:00 PM adding an effective date of June 10, 2016 if adopted. Seconded by Jones. City Council discussed the impact the time change might have on Council Member at- tendance at work sessions that would have to be scheduled earlier to accommodate the time change and conflicts with work schedules. Motion carried 4-3 with Del Toro, Rios, and Resnick voting nay. Restated motion by Connors to receive and file the documents and consider the first reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure, Sec- tions 1-6A-11 Order of Business and Agenda and 1-6A-14 Rights of Public by clarifying the rules relating to communications to the City Council and the Public Input Agenda adding an effective date June 10, 2016 if adopted. Seconded by Resnick. Motion carried 7-0. 2. Multicultural Family Center Annual Re- port for 2015: Multicultural Family Center Di- rector Farris Muhammad provided a presenta- tion of the 2015 Multicultural Family Center Annual Report. Topics included mission statement, vision and primary goal; pub- lic/private partnerships; board of directors; staff and volunteers; programs that promote long- term learning; events that showcase Dubu- que’s diversity; celebration of culturally signifi- cant days; programs that teach culturally dis- tinct content; computers and technology; wel- coming space and support; supporting City Council goals; financials and demographics; recognition of community donors. Motion by Jones to receive and file the documents. Se- conded by Jones. Motion carried 7-0. 3. Bee Branch Creek Restoration Project Update: Civil Engineer Deron Muehring pro- vided a presentation on the status update of the multi-phase Bee Branch Watershed Flood Mitigation Project in preparation for the May 9, 2016 walking tour of the project. Motion by Connors to receive and file the documents. Seconded by Jones. Motion carried 6-0 (Res- nick having momentarily stepped out of the room). Topics included a status update on completion dates of related flood mitigation improvement projects and grant/city cost share. Focus was given to W. 32nd St. Deten- tion Basin; Lower Bee Branch Creek Basin overlook, floating island, and gate replace- ment; Upper Bee Branch Creek Restoration; 22nd Street storm sewer improvements; Kauf- mann Avenue storm sewer improvements; Book 146 Special Session, May 9, 2016 171 171 railroad culverts/tunneling; 17th Street storm sewer improvements; West Locust Street storm sewer improvements; and impervious surface reduction projects (green alleys). COUNCIL MEMBER REPORTS Council Member Jones reported on the partnership between NICC, Dubuque Fire De- partment and Paramount Ambulance for Emergency Medical Technician (EMT) educa- tion to help produce an increased pool of di- verse applicants. Mayor Buol reported on the National League of Cities Mayor’s Institute of Financial Inclusion where he presented on Dubuque’s Bank On program. CLOSED SESSION Motion by Jones at 9:54 p.m. to convene in closed session to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Connors. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in closed ses- sion is Assistant City Attorney Maureen Quann. Motion carried 7-0. Upon motion the City Council reconvened in open session at 10:15 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 10:16 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on May 9, 2016 at 429 Rhomberg, Bee Branch Creek Restoration Project Construction Trailer. The meeting hav- ing been moved from the parking area at Gar- field Avenue and Pine Street due to inclement weather. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick; City Manager Van Milligen, City Attorney Lin- dahl Absent: Council Member Rios Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of approving a financial assis- tance application to the IDNR for the Comiskey Park Master Plan and rescheduling of the walking tour of the Bee Branch Creek Restora- tion Project. CONSENT ITEMS 1. Land & Water Conservation Fund Out- door Recreation Legacy Partnership Program Urban Grant Application - Comiskey Park Mas- ter Plan: City Manager requesting authoriza- tion to apply to the Iowa Department of Natural Resources to seek Land & Water Conserva- tion financial assistance from the National Park Service for the implementation of the Comis- key Park Master Plan. Motion by Lynch to re- ceive and file the documents and adopt Reso- lution No. 180-16 Acquisition or Development for Outdoor Recreation Land and Water Con- servation Fund Financial Assistance in Comis- key Park, Dubuque, Iowa. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 180-16 PROJECT PROPOSAL RESOLUTION ON ACQUISITION OR DEVELOPMENT FOR OUTDOOR RECREATION County: Dubuque Whereas, the City of Dubuque, Iowa (City/County) is interested in acquiring lands or developing outdoor recreational facilities on the following described project for the enjoy- ment of the citizenry of Comiskey Park and the State Iowa. Site Address: 255 E. 24th Street, Dubuque, Iowa Project Title: Comiskey Park Master Plan Implementation Book 146 Special Session May 9, 2016 172 Total Estimated Cost: $ 1,016,000 Brief Description of Project: The project in- volves the expansion of Comiskey Park, which serves the Washington and North End Neigh- borhoods. Existing park amenities (playground equipment, skate park, tennis court, basketball courts, and soccer goals) do not meet current recreation demands. A 1.95 acre parcel was acquired in early 2016 to grow the park foot- print. The City has begun to develop the mas- ter plan using a community engagement pro- cess to redesign existing amenities and/or add new elements such as a splash park. And, Land and Water Conservation Fund financial assistance is being sought for the acquisition or development of said outdoor recreational facilities, Now therefore, be it resolved by the City Council of the City of Dubuque (IA) that the project described above be authorized, And, be it further resolved that said City Council make application to The Iowa Depart- ment of Natural Resources to seek Land and Water Conservation Fund financial assistance from the National Park Service in the amount of 50 percent of the actual cost of the project, And, be it further resolved that said City Council certifies to the following: 1. That is will accept the terms and condi- tions set forth in the NPS Grants-in-Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications at- tached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. 3. That is has the ability and intention to finance its share of the cost of the pro- ject and that the project will be operat- ed and maintained at the expense of said City Council for public outdoor rec- reational use. 4. That no financial assistance has been given or promised under any other fed- eral program or activity with regard to the proposed project. 5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure acquired or developed pursu- ant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P.L. 88- 352 (1964), and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and con- tained in 43 CFR 17. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. THIS IS TO CERTIFY that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City Council of the City of Dubuque (IA) at a legal meeting held on this 9th Day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Walking Tour of the Bee Branch Creek Restoration Project: Lynch motioned that, due to inclement weather, the walking tour of the Bee Branch Creek Restoration Project be re- scheduled for a date/time recommended by staff. Seconded by Resnick. Motion carried 6- 0. There being no further business, upon mo- tion the City Council adjourned at 5:36 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session, May 16, 2016 173 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on May 16, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones (via phone), Lynch, Resnick, Rios; City Manager Van Milligen, Assistant City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) Bike to Work Week (May 16-20, 2016) was accepted by Dave Hartig of the Bike Coop, 2206 Central Avenue; DuRide in Service to Older Americans Month (May 2016) was accepted by Greg Or- woll, Executive Director of DuRide, 2728 As- bury Road; Apples for Students Months (June/July 2016) was accepted by Beth McGorry, Out- reach Coordinator for St. Mark Youth Enrich- ment, 1201 Locust Street. CONSENT ITEMS The City Clerk announced a correction to #15 Request for Release of Funds - Fiscal Year 2016 CDBG Annual Action Plan to reflect the change of name to Historic Bluffs Neigh- borhood Association. Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated including the correction to #15. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 5/2, 5/9; Civil Service Commission of 4/26; Historic Preservation Commission of 4/21; Investment Oversight Advisory Commission of 4/27; Library Board of Trustees Council Update 4/28; Long Range Planning Advisory Commission of 4/20; Zoning Advisory Commission of 5/4; Zoning Board of Adjustment of 4/28; Proof of Publication for City Council Proceedings of 4/18; Proof of Publication for List of Claims/Summary of Revenues for Month Ending 3/31. Upon mo- tion the documents were received and filed. 2. Notice of Claims and Suits: Rob Klauer / Dubuque Furniture & Flooring for property damage. Upon motion the documents were received, filed and refer to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Rob Klauer for property damage; Devon Phillips for property loss. Upon motion the documents were received, filed and concurred. 4. FEMA Fire Prevention and Life Safety Grant Application: City Manager recommend- ing approval to submit an application for a FEMA Fire Prevention and Life Safety Grant. Upon motion the documents were received, filed and approved. 5. Quarterly Investment Report: City Man- ager transmitting the March 31, 2016 Quarterly Investment Report. Upon motion the docu- ments were received and filed. 6. Civil Service Commission - Certified Lists: Civil Service Commission submitting the certified lists for the positions of Sewer Maintenance Foreman, Foreman, Public Safe- ty Dispatcher and Inspector II. Upon motion the documents were received, filed and made a Matter of Record. April 26, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Sewer Maintenance Foreman was adminis- tered on March 10, 2016. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Sewer Maintenance Foreman 1. Nicholas Wilson 2. William Gansen 3. Paul Dement 4. Christian Kloft 5. Robert Barry 6. Ron Gulyash 7. Gary Valentine 8. Jerome Ben 9. Dan Chapman 10. Tim Lattner Eligible Employee: Bill Kelly Respectfully submitted, /s/Daniel White, Chairperson Civil Service Commission Book 146 Regular Session May 16, 2016 174 April 26, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Foreman was administered on March 24, 2016. We hereby certify that the individuals listed below have passed this written examina- tion and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Foreman 1 Lucas Gonyier 2 Gary Valentine 3 Daniel Mayne 4 Mark Meyer 5 Paul Dement 6 William Gansen 7 Nicholas Wilson 8 Christian Kloft 9 Tim Lattner 10 Robert Barry 11 Chad Berendes Respectfully submitted, /s/Daniel White, Chairperson Civil Service Commission April 26, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Public Safety Dispatcher was administered on March 30, 2016. We hereby certify that the individuals listed below have passed this writ- ten examination and the vacancy for this posi- tion should be made from this list and that this list is good for two (2) years from above date. Public Safety Dispatcher 1 Molly Kuhn 2 Abigail Ryan 3 Jason Cox 4 Douglas Kuehn 5 Jessica Kieffer 6 Richard Kapparos, Jr. 7 Martin Benda Respectfully submitted, /s/Daniel White, Chairperson Civil Service Commission April 26, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Inspector II was administered via take-home exam. We hereby certify that the individuals listed below have passed this “take-home” examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Inspector II 1 Jeffrey Zasada 2 Daniel Meneguin 3 Michael Simmons 4 Justin Licht 5 Brian Schuster 6 Lee Mau 7 Kevin Kramer 8 Robert Boge Respectfully submitted, /s/Daniel White, Chairperson Civil Service Commission 7. Riley Auto Sales Co. - Acceptance of Water Main Improvements: City Manager rec- ommending acceptance of the water main public improvements that the owner, Riley Auto Sales Co., has recently completed adja- cent to the south side of their property at 4455 Dodge Street. Upon motion the documents were received and filed and Resolution No. 181-16 Accepting water main improvements in the Dodge Street (US Highway 20) Right-of- Way in the City of Dubuque, Iowa was adopt- ed. RESOLUTION NO. 181-16 ACCEPTING WATER MAIN IMPROVE- MENTS IN THE DODGE STREET (US HIGHWAY 20) RIGHT OF WAY IN THE CITY OF DUBUQUE, IOWA Whereas, per an agreement between the City of Dubuque and Riley Auto Sales Co., certain public improvements including approx- imately one hundred sixty lineal feet of water main and appurtenances were installed by Riley Auto Sales Co. in the Dodge Street (US Highway 20) right of way in the City of Dubu- que, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accord- ance with the plans on the attached Exhibit A and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in the Dodge Street (US High- way 20) right of way be and the same is here- by accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, Riley Auto Sales Co., for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, May 16, 2016 175 8. Timber-Hyrst Sanitary Creek Crossings Project Award: City Manager recommending that the award for the Timber-Hyrst Estates #4 North and South Line Creek Crossings Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record 9. Rustic Point Estates-Preliminary Plat: Zoning Advisory Commission recommending approval of the Preliminary Plat of Rustic Point Estates, 12568 Kennedy Road. Upon motion the documents were received, filed and ap- proved. 10. Table Mound Mobile Home Park - Plat of Survey: Zoning Advisory Commission rec- ommending approval of the Plat of Survey of Table Mound Mobile Home Park on Key West Drive subject to waiving the lot frontage re- quirement for Lot 2. Upon motion the docu- ments were received and filed and Resolution No. 182-16 Approving the Plat of Survey Table Mound Mobile Home Park in the City of Dubu- que, Iowa was adopted. RESOLUTION NO. 182-16 APPROVING THE PLAT OF SURVEY TA- BLE MOUND MOBILE HOME PARK IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Dolter Place #2 in the city of Dubuque, Iowa; and Whereas, said Plat of Survey provides 0 feet of lot frontage for Lot 2, where 50 feet of lot frontage is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code; and Whereas, said Plat of Survey has been ex- amined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Plat of Survey has been ex- amined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow 0 feet of lot frontage for Lot 2. Section 2. That the Plat of Survey of Table Mound Mobile Home Park is hereby approved and the Mayor and City Clerk are hereby au- thorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Plat of Survey - Tiefenthaler 2nd Place: City Manager recommending approval of the Plat of Survey of Lots 1 and 2 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa (North Grandview Avenue and University Avenue). Upon motion the documents were received and filed and Resolution No. 183-16 Approving Plat of proposed vacated right of way of North Grandview Avenue South of University Ave- nue, being part of Lots 1 and 2 of the Subdivi- sion of Lot 12 of Mineral Lot 172, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 183-16 APPROVING PLAT OF PROPOSED VA- CATED RIGHT OF WAY OF NORTH GRANDVIEW AVENUE SOUTH OF UNI- VERSITY AVENUE, BEING PART OF LOTS 1 AND 2 OF THE SUBDIVISION OF LOT 12 OF MINERAL LOT 172, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa a plat dated May 5, 2016 prepared by Hinkle Engineering and Surveying, showing the va- cated portion of North Grandview Avenue south of University Avenue and assigned lot numbers thereto, to be known as Lot 1 and Lot 2 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated May 5, 2016 prepared by Hinkle Engineering and Survey- ing, relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Eagle Point Park - Certified Local Gov- ernment (CLG) Grant Amendment: City Man- ager recommending approval of an amend- ment to Certified Local Government (CLG) Grant No. 2015-03 with the State Historic Preservation Office for Eagle Point Park that removes the requirement to complete the sec- ond part of the project, the National Register of Historic Places nomination, as part of the grant contract. Upon motion the documents were Book 146 Regular Session May 16, 2016 176 received and filed and Resolution No. 184-16 Authorizing amendment to CLG Grant-in-Aid- Agreement with State Historical Society of Iowa to remove National Register of Historic Places Nomination for Eagle Point Park was adopted. RESOLUTION NO. 184-16 AUTHORIZING AMENDMENT TO CLG GRANT-IN-AID-AGREEMENT WITH STATE HISTORICAL SOCIETY OF IOWA TO RE- MOVE NATIONAL REGISTER OF HISTORIC PLACES NOMINATION FOR EAGLE POINT PARK Whereas, the State Historical Society of Iowa (SHSI) has determined the City of Dubu- que is eligible for Certified Local Government (CLG) funds as a CLG in good standing; and Whereas, the City of Dubuque has entered into a CLG grant-in-aid-agreement with SHSI to prepare a Phase 1 archeological survey and an intensive survey and evaluation and Na- tional Register of Historic Places (NRHP) nom- ination for Eagle Point Park; and Whereas, the City of Dubuque’s consultant has completed a Phase 1 archeological survey for Eagle Point Park and the final report has been approved by SHSI; and Whereas, the City of Dubuque’s volunteer consultant has been unable to complete the NRHP nomination in accordance with the grant schedule. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor is authorized to sign and submit the amendment to the CLG Grant In Aid Agreement to the SHSI to remove preparation of a NRHP Nomination. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Pre-Annexation Agreement – Kemp: City Manager recommending approval of a Pre-Annexation Agreement with James P. Kemp and Kathy J. Kemp. Upon motion the documents were received and filed and Reso- lution No. 185-16 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and James P. Kemp and Kathy J. Kemp was adopted. RESOLUTION NO. 185-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JAMES P. KEMP AND KATHY J. KEMP Whereas, James. P. Kemp and Kathy J. Kemp, the owners of the following described property in Dubuque County, Iowa (the Proper- ty) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: The NW ¼ NE ¼ (Except Lot 1 of the NW ¼ NE ¼), Section 19, T88N, R3E, Dubuque County, Iowa and located in the NE ¼ of Section 19, T88N, R3E (Mosalem TWP) of the 5th P.M., Dubu- que County, Iowa; and Whereas, James P. Kemp and Kathy J. Kemp, have entered into a Pre-Annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-Annexation Agreement by and between James P. Kemp and Kathy J. Kemp and the City of Dubuque is hereby ap- proved. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Mark Fondell Excavating, Inc. vs. City of Dubuque: City Attorney submitting a Sum- mary Judgment dismissing the suit of Mark Fondell Excavating, Inc. vs. City of Dubuque. Upon motion the documents were received and filed. 15. Request for Release of Funds - Fiscal Year 2016 CDBG Annual Action Plan - Historic Bluffs Neighborhood Association (As correct- ed): City Manager recommending approval of the Request for Release of Funds for the pro- posed projects approved in the amended Fis- cal Year 2016 (Program Year 2015) Annual Action Plan for Community Development Block Grant activities that includes an environmental review of the Historic Bluffs Neighborhood Association's community garden project. Upon motion the documents were received and filed and Resolution No. 186-16 Authorizing request Book 146 Regular Session, May 16, 2016 177 for release of Community Development Block Grant Funds for Fiscal Year 2016 (Program Year 2017) was adopted. RESOLUTION NO. 186-16 AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2016 (PROGRAM YEAR 2015) Whereas, the City of Dubuque will has en- tered into a Community Development Block Grant Agreement for the Fiscal Year com- mencing July 1, 2015, with the U.S. Depart- ment of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regula- tions as promulgated by the U.S. Department of Housing and Urban Development, an envi- ronmental review has been processed for the hereinafter listed projects to be financed with Community Development Block Grant funds; and Whereas, a Notice of Intent to Request Re- lease of Funds for said grants has been pub- lished on May 13, 2016 to commence the re- quired seven (7) day public comment period; and Whereas, any and all comments received as a result of such notice will be duly consid- ered before proceeding with a Request for Release of Funds and Certification; and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. De- partment of Housing and Urban Development at the conclusion of the comment period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification for the following identified Com- munity Development Block Grant projects on or about May 26, 2016 and submit to the U.S. Department of Housing and Urban Develop- ment. Community Development Block Grant Annual Plan Projects Fiscal Year 2016 (Program Year 2015) Historic Bluff Neighborhood Association Community Garden Project No funds will be committed prior to comple- tion of a review for other related laws of 24 CFR 58.5, including Section 106, if required. Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Pro- tection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent per- sonally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environ- mental review, decision-making and action. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. National Recreation and Park Associa- tion Great Urban Parks Campaign Grant Ap- plication: City Manager transmitting the Na- tional Recreation and Park Association Great Urban Parks Campaign Grant that was submit- ted on behalf of the City of Dubuque for com- ponents to be developed in the Lower Bee Branch Creek. Upon motion the documents were received and filed. 17. Ham House Masonry Rehabilitation Project - Architectural/Engineering Services: City Manager recommending approval to enter into a contract with Selser Schaefer Architects to conduct consultant services for the Ham House Masonry Rehabilitation Project. Upon motion the documents were received, filed and approved. 18. Five Flags Theater Masonry Rehabilita- tion and Fire Escape - Architectur- al/Engineering Services: City Manager rec- ommending approval to enter into a contract with Selser Schaefer Architects to conduct consultant services for the Five Flags Theater Masonry Rehabilitation and Fire Escape Pro- ject. Upon motion the documents were re- ceived, filed and approved. 19. Public Housing Agency (PHA) Annual Plan: City Manager recommending approval to resubmit the Annual Public Housing Agency (PHA) Plan, along with the Certification for Consistency with the Consolidated Plan. Upon motion the documents were received and filed and Resolution No. 187-16 Authorizing the Mayor to execute the Certification by State or Local Official of PHA Plans, Consistency with the Consolidated Plan and approval of the PHA Annual Plan was adopted. RESOLUTION NO. 187-16 AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LOCAL OFFICIAL OF PHA PLANS CONSISTENCY WITH THE CONSOLIDATED PLAN AND APPROVAL OF THE PHA ANNUAL PLAN Book 146 Regular Session May 16, 2016 178 Whereas, the U.S. Department of Housing and Urban Development requires submission of the Public Housing Agency (PHA) Plan on an annual basis; and Whereas, the U.S. Department of Housing and Urban Development requires Certification of the PHA Plans Consistency with the Consol- idated Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby au- thorized and directed to certify the PHA Plans Consistency with the Consolidated Plan. Section 2: That the Director of Housing and Community Development is hereby authorized to submit the PHA Plan and the Certification as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 16th day of May 2016. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Acceptance of Deed and Assignment of Lease for 2239 University - Fahey Family Limited Partnership / Rainbo Oil: City Manager recommending acceptance of the deed for the property at 2239 University Avenue from the Fahey Family Limited Partnership and ac- ceptance of a month-to-month lease for the Dog House parking lot. Upon motion the doc- uments were received and filed and Resolution No. 188-16 Accepting the Deed to certain real estate in the City of Dubuque, Iowa and an Assignment of Lease from Fahey Family Lim- ited Partnership was adopted. RESOLUTION NO. 188-16 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN THE CITY OF DUBUQUE, IOWA AND AN ASSIGNMENT OF LEASE FROM FAHEY FAMILY LIMITED PARTNERSHIP Whereas, the City of Dubuque (City) en- tered into an Agreement on April 19, 2016, with Fahey Family Limited Partnership for the purchase of the following described real prop- erty in Dubuque County, Iowa: 1. The Northwesterly 25 feet of Lot 2 in Finley's Addition to the City of Dubuque, Iowa according to the recorded Plat thereof, 2. Lot 1 of lot 1, Lot 2 of lot 1, and, the southeasterly 41 feet of lot 2, all in Finley's Addition, in the City of Dubuque, Iowa according to the re- spective recorded Plats thereof, 3. Lot 1, Lot 1 of Lot 2, Lot 2 of Lot 2, Lot 1 of Lot 3, Lot 2 of Lot 3, and Lot 4, all of Mineral Lot 170, in the City of Dubuque, Iowa according to the recorded Plats thereof, subject to easements and restrictions of record. Locally known as 2239 University Ave- nue; and Whereas, the terms of the Agreement have now been met; and Whereas, the property is subject to a short- term lease for a parking lot which is being as- signed to City, subject to City’s acceptance of the assignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City of Dubuque hereby ac- cepts the Warranty Deed from Fahey Family Limited Partnership attached hereto and the Assignment of Lease. Section 2. The City Clerk is hereby author- ized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Mystique Casino Request to Construct Outside Patio and Pergola: City Manager rec- ommending approval of a request from Mys- tique Casino to spend funds from the Dubuque Racing Association Depreciation and Im- provement Fund to construct a patio and per- gola in the area between the Hilton Garden Inn and Houlihan's Restaurant to meet required Hilton standards. Upon motion the documents were received, filed and approved. 22. IDOT Five-Year Agreement for Mainte- nance and Repair of Primary Roads in Munici- palities: City Manager recommending approval and endorsement of the Five-Year Agreement for Maintenance and Repair of Primary Roads in Municipalities between the Iowa Department of Transportation and the City of Dubuque. Upon motion the documents were received, filed and approved. 23. Southwest Arterial Property Acquisi- tions: City Manager recommending approval of resolutions accepting Grants of Easements and Deeds to three properties acquired for the Southwest Arterial Project owned by Bob Broughton Investments, Inc.; Arthofer Proper- ties, LLC; Link Properties, LLC; and Menard, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 189-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project from Bob Broughton Investments, Inc., Artho- fer Properties, LLC, and Link Properties, LLC; Resolution No. 190-16 Accepting a Grant of Temporary Construction Easements for the Southwest Arterial Project from Menard Inc.; Book 146 Regular Session, May 16, 2016 179 Resolution No. 191-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project from Bob Broughton Investments, Inc. ;Resolution No. 192-16 Ac- cepting a Deed for the Southwest Arterial Pro- ject from Bob Broughton Investments, Inc., were adopted. RESOLUTION NO. 189-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM BOB BROUGHTON INVESTMENTS, INC., ARTHOFER PROPERTIES, LLC, AND LINK PROPERTIES, LLC Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- ment for the Southwest Arterial Project with Bob Broughton Investments, Inc.; Arthofer Properties, LLC; and Link Properties, LLC for the property legally described as: A parcel of land situated in part of Lot 5 of Westside Commercial Park, City of Dubuque, County of Dubuque, State of Iowa as more particularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 190-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE SOUTHWEST ARTERIAL PROJECT FROM MENARD INC. Whereas, the City of Dubuque entered into an agreement for the purchase of easements for the Southwest Arterial Project with Menard Inc. for the property legally described as: A parcel of land situated in part of Lot 2 of Siegert’s Place Fourth Addition, City of Dubuque, County Of Dubuque, State of Iowa as more particularly shown on the Temporary Easement exhibit at- tached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easements attached hereto is hereby accept- ed. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easements with the Dubuque County Record- er. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 191-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM BOB BROUGHTON INVESTMENTS, INC. Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- ment for the Southwest Arterial Project with Bob Broughton Investments, Inc. for the prop- erty legally described as: A parcel of land situated in part of Lot 1 of Siegert’s Place Third Addition in the City of Dubuque, County of Dubuque, State of Iowa as more particularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 192-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM BOB BROUGHTON INVESTMENTS, INC. Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Bob Broughton Investments, Inc. for the property legally described as follows: A parcel of land situated in part of Lot 1 of Siegert’s Place Third Addition in the City of Dubuque, County of Dubuque, State of Iowa as shown on the Acquisi- tion Plat attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Book 146 Regular Session May 16, 2016 180 1. The deed attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. Signed Contracts: Colleen Lindstrom D/B/A Dubuque by Carriage Eleventh Amendment to Lease Agreement Upon motion the documents were received and filed. 25. Improvement Contracts / Performance, Payment and Maintenance Bonds: MDE, LLC D/B/A McDermott Excavating for the DICS Building Pad 1 Sanitary Sewer Extension. Up- on motion the documents were received, filed and approved. 26. Alcohol Compliance Civil Penalty for Alcohol License Holder - Carlos O'Kelly's Mex- ican Café: City Manager recommending ap- proval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Carlos O'Kelly's Mexican Café, 1355 Asso- ciates Drive. Upon motion the documents were received, filed and approved. 27. Tobacco Compliance - Civil Penalty for Tobacco License Holder - The Altered State: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for the Altered State, 1533 Central Avenue. Upon motion the documents were received, filed and approved. 28. 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. 193-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 193-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Buffalo Wild Wings, 2805 Northwest Arterial, Class C Liquor (Outdoor) (Sunday) Days Inn & Spirits Bar & Grill, 1111 Dodge St., Class B Liquor (Outdoor) (Sunday) Hartig Drug #2, 157 Locust St., Class E liquor, Class B Wine, Class C Beer (Sunday) Kalmes Breaktime Bar and Grill, 1097 Jackson St., Class C Liquor (Sunday) Mason Dixon Saloon, 163 Main St., Class C Liquor (Sunday) Mc Cann's Service, Inc., 690 W Locust St., Class C Beer (Sunday) Port of Dubuque Marina, 450 East 3rd St., Class B Beer, Class B Native Wine (Out- door) (Sunday) Walgreens #06154, 2260 JFK Rd., Class E liquor, Class B Wine, Class C Beer (Sun- day) Walgreens #09708, 55 JFK Rd., Class E liq- uor, Class B Wine, Class C Beer (Sunday) Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7-0. 1. Rite Hite/AB(MC)2 Expansion Develop- ment Agreement: City Manager recommending that a public hearing be set for June 6, 2016, on the proposal to enter into a Development Agreement with Rite Hite/AB(MC)2 for their expansion project at 4343 Chavenelle Road. Upon motion the documents were received and filed and Resolution No. 194-16 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the execution of a Development Agreement with Rite Hite/AB(MC)2 and the proposed issuance of Urban Renewal Tax Increment Revenue Obli- gations and providing for the publication of notice thereof was adopted setting a public Book 146 Regular Session, May 16, 2016 181 hearing for a meeting to commence at 6:30 p.m. on June 6, 2016 in the Historic Federal Building. RESOLUTION NO. 194-16 FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH RITE HITE/AB(MC)2 AND THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX IN- CREMENT REVENUE OBLIGATIONS AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City of Dubuque, Iowa (City) and Rite Hite/AB(MC)2 have entered into a Devel- opment Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement with Rite Hite/AB(MC)2; and Whereas, it is deemed necessary and ad- visable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement for the purpose of carrying out the expansion of property located at 4343 Chavenelle Drive as described in the Development Agreement; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby author- ized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to enter into a Development Agreement with Rite Hite/AB(MC)2 and to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 6th day of June, 2016, at 6:30 o'clock p.m. in the City Council Chambers at the His- toric Federal Building, 350 W. 6th St., Dubu- que, Iowa. Section 2. The City Council will meet at said time and place for the purpose of taking action on approving the execution of the De- velopment Agreement with Rite Hite/AB(MC)2 and authorizing Urban Renewal Tax Increment Revenue obligations, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic developments grants to Hite/AB(MC)2 pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obliga- tions to be issued will be approximately $1,236,700. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in sub- stantially the form attached hereto. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Vacating Petition - North Grandview Av- enue / University Avenue Right-of-Way: City Manager recommending that a public hearing be set for June 6, 2016, on the disposition of a portion of the North Grandview Avenue right- of-way in the southwest corner of North Grandview Avenue and University Avenue to Tom Tiefenthaler of K&T Real Estate, LLC. Upon motion the documents were received and filed and Resolution No. 195-16 Resolu- tion of Intent to vacate and dispose of City Interest in a portion of the right of way of North Grandview Avenue south of University Ave- nue, being part of Lots 1 and 2 of the Subdivi- sion of Lot 12 of Mineral Lot 172, to be known as Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa by sale to K&T Real Estate, LLC was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 6, 2016 in the Historic Federal Building. RESOLUTION NO. 195-16 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF THE RIGHT OF WAY OF NORTH GRANDVIEW AVENUE SOUTH OF UNIVERSITY AVENUE, BEING PART OF LOTS 1 AND 2 OF THE SUBDIVISION OF LOT 12 OF MINERAL LOT 172, TO BE KNOWN AS LOT 1 OF TIEFEN- THALER 2ND PLACE, IN THE CITY OF DUBUQUE, IOWA BY SALE TO K&T REAL ESTATE, LLC Whereas, K&T Real Estate, LLC has re- quested the vacating and purchase of the por- tion of the Right of Way of North Grandview Avenue south of University Avenue, being part Book 146 Regular Session May 16, 2016 182 of Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172; and Whereas, Hinkle Engineering and Survey- ing has prepared and submitted to the City Council a plat showing the proposed vacated Right of Way of North Grandview Avenue south of University Avenue, being part of Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172, in the City of Dubuque, Iowa and as- signed lot numbers thereto, which hereinafter shall be known and described as Lot 1 and Lot 2 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to vacate and dispose of its interest in Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa by sale to K&T Real estate, LLC upon the terms and conditions of the Offer to Buy Real Estate and Acceptance Agree- ment attached hereto. Section 2. That the conveyance of Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa to K&T Real Estate, LLC be contingent upon the payment in the amount of $31,549.12, subject to the conditions of the Offer To Buy Real Estate and Acceptance Agreement between the City and K&T Real Estate, LLC, plus all applicable costs for plat- ting, publication, and filing fees. Section 3. That a public hearing on the in- tent to vacate and dispose of Lot 1 of Tiefen- thaler 2nd Place by sale to K&T Real Estate, LLC is hereby set for the 6th day of June, 2016, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hear- ing on the intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointment to the following commission was made at this meeting. 1. Building Code and Advisory Appeals Board: One, 3-year term through August 1, 2018 (Vacant term of Carr - Residential Con- tractor). Applicant: Mark Gudenkauf, 1251 Deer Creek Ridge (Qualifies for Residential Contractor). Motion by Lynch to appoint Mr. Gudenkauf to a 3-year term. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended al- lowing anyone present to address the City Council on the following items. 1. Request to Rezone - End of Wolff Road: Proof of publication on notice of public hearing to consider a request by Steve Smith to rezone property at the end of Wolff Road (Parcel ID# 1020376004) from CSc Commercial Service & Wholesale with conditions to LI Light Industrial District and the Zoning Advisory Commission recommending approval with conditions. Mo- tion by Connors to receive and file the docu- ments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Planning Ser- vices Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 15-16 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the end of Wolff Road from CSc Commercial Service and Wholesale District with conditions to LI Light Industrial District with conditions as established in the attached Memorandum of Agreement. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 15-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF WOLFF ROAD FROM CSc COMMERCIAL SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS TO LI LIGHT INDUS- TRIAL DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMO- RANDUM OF AGREEMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter described property from CSc Commercial Service and Wholesale Dis- trict with conditions to LI Light Industrial District with conditions, to wit: Lot 1 of Lot 1 North Range Industrial Park #3, and to the centerline of the ad- joining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Book 146 Regular Session, May 16, 2016 183 Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 16th day of May, 2016. /s/Roy D. Buol, Mayor /s/Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of May, 2016. /s/Kevin S. Firnstahl, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2015), and as an express condition of rezon- ing of the property located at the end of Wolff Road and legally described as: Lot 1 of Lot 1 North Range Industrial Park #3, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 15- 16 , a copy of which is attached hereto and incorporated herein by reference, the under- signed property owner(s) agree(s) to the fol- lowing conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A. Conditions: 1. The building height be limited to 40 feet. 2. The building setback along the west property line be a minimum of 30 feet. 3. The western boundary of the subject property be planted with trees of a species that at maturity would be a minimum of 80 feet in height. Plant- ing of these trees is to undertaken with 12 months after the building permit is obtained. B. Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the Commercial Service and Wholesale District with conditions if the property owner fails to complete any of the con- ditions or provisions of this Agreement. C. Modifications. Any modifications of this Agreement shall be considered a zon- ing reclassification and shall be subject to the provisions of the Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D. Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent rec- ord of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. 15-16. E. Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F. This Agreement shall be binding upon the undersigned and his/her heirs, suc- cessors and assignees. ACCEPTANCE OF ORDINANCE NO. 15-16 I, Steve Smith, representing property own- er, having read the terms and conditions of the foregoing Ordinance No. 15-16 and being fa- miliar with the conditions thereof, hereby ac- cept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 18th day of May, 2016. /s/Steve Smith 2. Request to Rezone - 800 and 804 Rhomberg Avenue: Proof of publication on notice of public hearing to consider a request by Al Urbain Construction Management, Inc. to rezone property at 800 & 804 Rhomberg Ave- nue from C-1 Neighborhood Commercial and R-2A Alternate Two-Family Residential to C-2 Neighborhood Shopping Center zoning district and the Zoning Advisory Commission recom- mending approval. Motion by Lynch to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Planning Services Manager Laura Carstens provided a staff report. Developer Clark Wolff responded to questions from the City Council described the project and provided information regarding the process used to inform adjacent property owners. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 16-16 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by reclas- sifying hereinafter described property located at 800 and 804 Rhomberg Avenue from R-1 Single-Family Residential and C-1 Neighbor- hood Commercial District to C-2 Neighborhood Shopping Center District. Seconded by Con- nors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 16-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 800 AND 804 RHOMBERG AVENUE FROM R-1 SINGLE- FAMILY RESIDENTIAL AND C-1 NEIGH- Book 146 Regular Session May 16, 2016 184 BORHOOD COMMERCIAL DISTRICT TO C- 2 NEIGHBORHOOD SHOPPING CENTER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter–described property from R-1 Single-Family Residential and C-1 Neigh- borhood Commercial District to C-2 Neighbor- hood Shopping Center District, to wit: Lot 16 and the southwest 6.8 feet of Lot 15 Dreibelbis Subdivision and the northeast 40 feet of Lot 15 Dreibelbis Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 16th day of May, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of May, 2016. /s/Kevin S. Firnstahl, City Clerk 3. Request to Amend PUD - Historic Mill- work District: Proof of publication on notice of public hearing to consider approval of a re- quest by Keith Gutierrez to amend the Historic Millwork District Planned Unit Development (PUD) to allow microbrewery, winery and dis- tillery as permitted uses and the Zoning Advi- sory Commission recommending approval. Restated motion by Connors to receive and file the documents and refer the proposed ordinance back to the Zoning Advisory Com- mission to reconsider as “conditional use” to include conditions such as noise and odor and for staff to expedite the amendment. Seconded by Lynch. Motion carried 6-1 with Rios voting nay. Assistant City Attorney Crenna Brumwell provided an explanation of simple and super majority votes for the City Council as they per- tain to action on this item. Planning Services Manager Laura Carstens provided a staff re- port and acknowledged receipt of correspond- ence from Gronen Development. John Gro- nen, president of Gronen Development, 900 Jackson Street, and architect Jeff Morton stat- ed that while they were excited about the pro- posed business, they had concerns with noise, odor and delivery traffic associated with mi- crobreweries that may impact adjacent proper- ties and development. Mr. Gronen proposed replacing the permitted use concept with con- ditional use in the amendment as it would al- low a review process. Developer Keith Gutierrez described his proposal and stated that production at his microbrewery would be closer to that of a brew pub and thereby have minimal impact unlike other business already on the list of allowable uses in the district. He added that reconsideration of the amendment would cause some delay on his project, but that he intends to continue as planned. Bob Johnson, 333 E. 10th Street, stated that he has no concerns with Mr. Gutierrez’s project, but is concerned about what future projects may bring to the district and supported the condi- tional use concept. HMD property owner, Tim McNamara, 195 Bradley Street, stated that he welcomes new business but supports the con- ditional use concept so each business could be scrutinized for potentially unharmonious elements. Nancy Kann of Gronen Develop- ment stated that she welcomes Mr. Gutierrez to the Historic Millwork District and that they had discussed project development, but were unable to come to an agreement without a business plan at the time. 4. Carnegie-Stout Public Library Maker Space Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the Carnegie--Stout Public Library Maker Space Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 196-16 Approval of plans, specifications, form of contract, and estimated cost for the Carnegie-Stout Public Library's (C- SPL) Maker Space Project. Seconded by Connors. Responding to questions from the City Council, City Manager Van Milligen stated that project expenses are expected to be paid from grants and donations to the Library with no cost to the City. Motion carried 7-0. RESOLUTION NO. 196-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE CARNEGIE-STOUT PUBLIC LIBRARY’S (C-SPL) MAKER SPACE PRO- JECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Carnegie-Stout Public Library’s (C-SPL) Maker Space Project, in the estimated amount $173,250.00, are hereby approved. Passed, adopted and approved this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, May 16, 2016 185 Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS 1. Public Input at City Council Meetings (2nd Reading): City Attorney submitting a pro- posed ordinance concerning the placement of Public Input on the Council agenda. Motion by Connors to consider the second reading of a proposed ordinance amending City of Dubu- que Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure, Sections 1-6A-11 Order of Business and Agenda and 1-6A-14 Rights of Public by clarifying the rules relating to communications to the City Council and the Public Input Agenda. Seconded by Resnick. Motion carried 7-0. 2. Start Time for City Council Meetings (2nd Reading): City Attorney submitting a proposed ordinance adjusting the start time for regular meetings. Motion by Lynch to consider the second reading of a proposed ordinance amending City of Dubuque Code of Ordinanc- es Title 1 Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure, Section 1-6A-3 Types of Meeting by establish- ing the meeting time for regular City Council meetings of 6:00 PM. Seconded by Connors. City Council discussed the pros and cons of the earlier start time. Mayor Buol and Council Member Resnick asked that the third reading of the ordinance be scheduled for the meeting of July 5, 2016 as they will not be in attend- ance at the June 6 and June 20 meetings re- spectively. Motion carried 4-3 with Resnick, Del Toro, and Rios voting nay. 3. Rite Hite/AB(MC)2 - Iowa Economic De- velopment Authority Application for State As- sistance: City Manager recommending ap- proval of the submittal of an Economic Devel- opment Assistance Application to the Iowa Economic Development Authority on behalf of Rite Hite/AB(MC)2 for their proposed expan- sion in Dubuque. Motion by Lynch to receive and file the documents and adopt Resolution No. 197-16 Authorizing the filing of an applica- tion for State Business Financial Assistance on behalf of Rite Hite/AB(MC)2. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 197-16 AUTHORIZING THE FILING OF AN APPLI- CATION FOR STATE BUSINESS FINAN- CIAL ASSISTANCE ON BEHALF OF RITE HITE/AB(MC)2 Whereas, Rite Hite/AB(MC)2 has proposed making an Eight Million Nine Hundred Thou- sand Dollar ($8,900,000.00) investment for a one hundred forty thousand square foot (140,000 sq. ft.) expansion to its current manu- facturing and office facility in the City of Dubu- que, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed project will contribute to the local economy through the creation of twenty-four (24) full-time jobs in the City, eleven (11) of which qualify for the Iowa Economic Development Authority Busi- ness Financial Assistance Program; and Whereas, financial assistance from the Io- wa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Eco- nomic Development Assistance Contract in order to finalize incentives and document as- sociated terms for the facility expansion of Rite Hite/AB(MC)2’s current location at 4343 Cha- venelle Road in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an Application for participation in the Iowa Economic Devel- opment Authority’s Financial Assistance Pro- gram on behalf of Rite Hite/AB(MC)2, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby au- thorized to execute and the City Manager is hereby directed to submit the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. North Grandview Avenue, Delhi Street and Grace Street Roundabout Project Award: City Manager recommending award of the construction contract for the North Grandview Avenue, Delhi Street and Grace Street Roundabout Project to the low bidder Portzen Construction, Inc. Motion by Lynch to receive and file the documents and adopt Resolution No. 198-16 Awarding Public Improvement Contract for the North Grandview Avenue and Delhi Street Roundabout Intersection Im- provement Project. Seconded by Rios. Motion carried 7-0. RESOLUTION NO. 198-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE NORTH GRANDVIEW AV- ENUE AND DELHI STREET ROUNDABOUT INTERSECTION IMPROVEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the North Grandview Avenue and Delhi Street Rounda- Book 146 Regular Session May 16, 2016 186 bout Intersection Improvement Project, (the Project) pursuant to Resolution No. 154-16 and Notice to Bidders published in a newspa- per published in the City of Dubuque, Iowa on the 22nd day of April, 2016. Whereas, said sealed proposals were opened and read on the 5th day of May, 2016 and it has been determined that Portzen Con- struction, Inc. of Dubuque, Iowa with a bid in the amount of $698,000.59 is the lowest re- sponsive, responsible bidder for the Project. 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 Portzen Con- struction, Inc. 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 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Dubuque Industrial Center South - Verena Court Project Award: City Manager recommending award of the construction con- tract for the Dubuque Industrial Center South - Verena Court Project to the low bidder Drew Cook and Sons Excavating. Motion by Lynch to receive and file the documents and adopt Resolution No. 199-16 Awarding Public Im- provement Contract for the Verena Court Pro- ject. Seconded by Rios. Motion carried 7-0. RESOLUTION NO. 199-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE VERENA COURT PRO- JECT Whereas, sealed proposals have been submitted by contractors for the Verena Court Project, (the Project) pursuant to Resolution No. 153-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 22nd day of April, 2016; and Whereas, said sealed proposals were opened and read on the 5th day of May, 2016 and it has been determined that Drew Cook and Sons Excavating, Inc. of Dubuque, Iowa with a bid in the amount of $193,735.50 is the lowest responsive, responsible bidder for the Project. 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 Drew Cook and Sons Excavating, Inc. and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubu- que for the Project. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. English Ridge Subdivision No. 7 - Final Plat: City Manager recommending approval of the final plat of English Ridge Subdivision No. 7 and states that it is in compliance with the City of Dubuque Unified Development Code. Motion by Lynch to receive and file the docu- ments and adopt Resolution No. 200-16 Au- thorizing approval of the Final Plat of English Ridge Subdivision No. 7 in the City of Dubu- que, Iowa. Seconded by Rios. Motion carried 7-0. RESOLUTION NO. 200-16 AUTHORIZING APPROVAL OF THE FINAL PLAT OF ENGLISH RIDGE SUBDIVISION NO. 7 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of English Ridge Subdivision No. 7 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a water booster station facility (Lot A), streets to be known as South Shrewsbury Lane (Lot B), Stone Valley Drive (Lot C), Shrewsbury Lane (Lot D) and English Mill Road (Lot E) together with certain public utility easements, which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and her approval has been endorsed thereon, subject to the owner’s agreeing to the conditions specified herein; and Whereas, said final plat has been exam- ined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been complete- ly constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of a water booster station facility (Lot A), South Shrews- bury Lane (Lot B), Stone Valley Drive (Lot C), Shrewsbury Lane (Lot D) and English Mill Road (Lot E) and the easements for public utilities, storm sewer and water mains, as they appear on said final plat, be and the same are hereby accepted. Section 2. That the Final Plat of English Ridge Subdivision No. 7 is hereby approved and the Mayor and City Clerk are hereby au- thorized and directed to endorse the approval of the City of Dubuque, Iowa upon said final plat, provided the owners of said property Book 146 Regular Session, May 16, 2016 187 herein named, execute their written ac- ceptance of the attached conditions and fur- ther agree: a. To reduce South Shrewsbury Lane (Lot B), Stone Valley Drive (Lot C) and Shrewsbury Lane (Lot D) to grade and to construct longitudinal sub-drain, concrete curb and gutter with asphaltic concrete pavement or Portland Cement concrete pavement with integral curb, all in ac- cordance with the City of Dubuque standard specifications in a manner ac- ceptable to the City Engineer, and in ac- cordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City En- gineer. b. To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water control devices all in accordance with the City of Dubuque service laterals into each individual lot, storm sewers and catch basins, boule- vard street lighting, fiber optic conduit and vaults, and erosion standard specifi- cations in a manner acceptable to the City Engineer, and in accordance with construction improvement plans ap- proved by the City Engineer, and in- spected and approved by the City Engi- neer. c. To construct accessible sidewalk ramps at the intersections of Stone Valley Drive with South Shrewsbury Lane, and at the intersection of Shrewsbury Lane, all in accordance with the City of Dubuque standard specifications in a manner ac- ceptable to the City Engineer, and in ac- cordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City En- gineer. d. To construct the improvements outlined in (a), (b) and (c) above within two years from the date of acceptance of this reso- lution, at the sole expense of the owners, or future owner. e. To maintain the improvements outlined in (a), (b) and (c) above for a period of two (2) years from the date of the acceptance of those improvements by the City Coun- cil of the City of Dubuque, Iowa at the sole final expense of the owners, or fu- ture owner. f. To provide security for the performance of the foregoing conditions specified in Sec- tion 16-11-24 of the Unified Development Code in such form and with such sureties as may be acceptable to the City of Dubuque, Iowa. Section 3. That sidewalk installation, ex- cluding the accessible ramps noted in Section 2(c) above, shall be the responsibility of each lot owner for each lot abutting the public rights- of-way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 4. That the owner must continue to own and maintain stormwater detention basin (Lot A of English Ridge Subdivision) until (1) the facility has been fully completed, (2) 80% of the platted lots shown on the preliminary plat of English Ridge Subdivision have been fully developed, and 3) adequate erosion con- trol measures, as approved by the City Engi- neer, have been installed on the remaining 20% of the said lots. Acceptance of the deten- tion facility must be approved by the City Council as required by the Unified Develop- ment Code. Upon the City’s acceptance of the detention facility, the inspection, administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility (Lot A of English Ridge Subdivision) shall be assessed against the property own- ers, except the City of Dubuque, of all phases of English Ridge Subdivision as indicated above and on the preliminary plat, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with pro- visions of law. Section 5. That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right-of-way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer’s expense. Section 6. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the ap- proved improvement plans and City standards and specifications and accepted by City Coun- cil Resolution. Section 7. That in the event English Ridge, LLC fails to execute the acceptance and fur- nish the guarantees provided hereof within 180 days after the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 16th day of May, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 200- 16 I, the undersigned, Ron Klein, representing English Ridge, LLC, having read the terms and conditions of the Resolution No. 200-16 and Book 146 Regular Session May 16, 2016 188 being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 23rd day of August, 2016. /s/Ron Klein 7. Code of Ordinances Amendment - Title 7 Tobacco Products to Underage Persons: City Manager recommending approval of an amendment to the City of Dubuque Code of Ordinances Section 7-5A-15, Tobacco Prod- ucts to Underage Persons, to mirror the Iowa Code, which includes vapor and tobacco alter- natives. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 17-16 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Of- fenses, Article A General Offenses, Section 7- 5A-15 Tobacco Products to underage persons to mirror the State Code. Seconded by Rios. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 17-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES, SEC- TION 7-5A-15 TOBACCO PRODUCTS TO UNDERAGE PERSONS TO MIRROR THE STATE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 7-5A-15 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-5A-15: TOBACCO PRODUCTS TO UN- DERAGE PERSONS: A. Restrictions: 1. A person shall not sell, give, or oth- erwise supply any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under eighteen (18) years of age. 2. A person under eighteen (18) years of age shall not smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes. 3. Possession of tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes by an in- dividual under eighteen (18) years of age does not constitute a violation un- der this section if the individual under eighteen (18) years of age possesses the tobacco, tobacco products, alterna- tive nicotine products, vapor products, or cigarettes as part of the individual's employment and the individual is em- ployed by a person who holds a valid permit under the Iowa Code or who lawfully offers for sale or sells ciga- rettes or tobacco products. 4. a. A person shall not be guilty of a violation of this section if conduct that would otherwise constitute a violation is performed to assess compliance with tobacco, tobacco products, alternative nicotine prod- ucts, vapor products, or cigarette laws if any of the following applies: (1) The compliance effort is conducted by or under the su- pervision of law enforcement of- ficers. (2) The compliance effort is conducted with the advance knowledge of law enforcement officers and reasonable measures are adopted by those conducting the effort to ensure that use of tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes by individuals under eighteen (18) years of age does not result from participation by any individual under eighteen (18) years of age in the compli- ance effort. b. For the purposes of this subsec- tion, "law enforcement officer" means a peace officer as defined in Iowa Code section 801.4 and in- cludes persons designated under this subsection to enforce this sec- tion. B. Penalty: 1. a. A person, other than a retailer, who violates subsection A1 of this section, is guilty of a simple misde- meanor. b. An employee of a retailer who vi- olates subsection A1 of this section, commits a simple misdemeanor punishable as a scheduled violation under Iowa Code section 805.8C. 2. A person who violates subsection A2 of this section, is subject to the follow- ing, as applicable: a. A civil penalty pursuant to Iowa Code section 805.8C. Book 146 Regular Session, May 16, 2016 189 b. For a first offense, performance of eight (8) hours of community work requirements, unless waived by the court. c. For a second offense, perfor- mance of twelve (12) hours of community work requirements. d. For a third or subsequent of- fense, performance of sixteen (16) hours of community work requirements. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 16th day of May, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of May, 2016. /s/Kevin S. Firnstahl, City Clerk 8. Code of Ordinances Amendment - Title 7 Public Urination or Defecation: City Manager recommending approval of an amendment to City of Dubuque Code of Ordinances Section 7-5A-9, Public Urination or Defecation, that removes the $50 scheduled fine for the viola- tion and gives the City the ability to set the fine within the simple misdemeanor range. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Motion carried 7- 0. Motion by Connors for final consideration and passage of Ordinance No. 18-16 Amend- ing City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-9 Public Urination or Defecation to re- move the scheduled fine. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 18-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES, SEC- TION 7-5A-9 PUBLIC URINATION OR DEF- ECATION TO REMOVE THE SCHEDULED FINE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 7-5A-9 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-5A-9: PUBLIC URINATION OR DEFE- CATION: It shall be unlawful for any person to uri- nate or defecate in or upon any public or common property including, but not limited to, streets, alleys, sidewalks or in any other place where the person could reasonably expect to be seen by the public. This section shall not apply to private restrooms or public facilities designated for such purpose. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 16th day of May, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of May, 2016 /s/Kevin S. Firnstahl, City Clerk 9. 2016 Art on the River Feature - Tempo- rary Loan of "Continuum:” City Manager rec- ommending approval to use the "Continuum," one of the City's first public art acquisitions, as a featured work at this year's Art on the River exhibit. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. 10. Greater Dubuque Development Corpo- ration - Board Membership: Correspondence from Rick Dickinson, President & CEO for Greater Dubuque Development Corporation, requesting confirmation of the Mayor's ap- pointment and two City Council representa- tives to the GDDC Board of Directors for the terms of Council Members Connors and Lynch that expire June 30, 2017. Motion by Lynch to receive and file the documents and concur. Seconded by Connors. Motion carried 7-0. 11. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour: City Manager recommending that the City Council schedule the Bee Branch Creek Restoration Project Walking Tour Work Ses- sion for Monday, May 23, 2016, at 5:30 p.m. Motion by Lynch to receive and file the docu- ments and set the work session as recom- mended. Seconded by Connors. Motion car- ried 7-0. CLOSED SESSION Motion by Connors at 8:23 p.m. to convene in closed session to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Rios. Mayor Buol stated for the record that the attorneys who will consult with the City Council on issues to be discussed in closed session are Crenna Brumwell and Maureen Quann. Motion carried 7-0. Council Member Jones left the meeting . Book 146 Special Session May 23, 2016 190 Upon motion at 8:46 p.m. the City Council reconvened in open session having given staff proper direction. There being no further business, upon mo- tion the City Council adjourned at 8:47 p.m. Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on May 23, 2016 at 420 Garfield Avenue Parking Lot. Present: Mayor Buol; Council Members Del Toro, Jones, Lynch, Resnick, Rios; City Man- ager Van Milligen Absent: Council Member Connors Excused: City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session / walking tour of Bee Branch Creek Restoration Project. WORK SESSION Walking Tour of the Bee Branch Creek Res- toration Project Civil Engineers Deron Muehring and Steve Brown conducted a walking tour of the Bee Branch Creek Restoration Project starting from 420 Garfield Avenue to 24th Street. Highlights included descriptions of construction progress and associated elements; stormwater man- agement/conveyance components; land ac- quisitions; and project amenities such as bike paths, amphitheater, orchard, fishing, land- scaping, plant materials, bridge designs, and pedestrian and vehicular access. There being no further business, upon mo- tion the City Council adjourned at 6:50 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Session, May 31, 2016 191 191 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on May 31, 2016 at City Hall – Conference Room B, 50 W. 13th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session to discuss pending litigation and property acquisi- tion pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. CLOSED SESSION Pending Litigation and Property Acquisition – Chapter 21.5(1)(c), -(j) Code of Iowa Mayor Buol stated for the record, the attor- neys who will consult with City Council on the issues to be discussed in the closed session are Barry Lindahl, Maureen Quann and Ivan Webber. Motion by Jones at 5:31 PM to convene in closed session to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Lynch. Motion carried 7-0. Upon motion at 6:18 p.m. the City Council reconvened in open session having given staff proper direction. There being no further business, upon mo- tion the City Council adjourned at 6:19 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session, June 6, 2016 192 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 6, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro-Tem Jones; Council Members Connors, Del Toro, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro-Tem Jones 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 PRESENTATION(S) 1. Mission: Lifeline Award: Heather Maier, Director of Mission: Lifeline for Iowa, present- ed the Mission: Lifeline Silver Award to the Dubuque Fire Department representatives Rick Steines and Dave McQuiggin. 2. Main Street Iowa 30th-Year Best Innova- tion Award: Dubuque Main Street Executive Director Dan LoBianco presented the Main Street Iowa 30th Year Best Innovation Award for the Caradco Building and Historic Millwork Complete Streets Project Public/Private Part- nership. PROCLAMATIONS 1. Juneteenth Celebration Day (June 18, 2016) was accepted by Multicultural Family Center Director Farris Muhammad and Assis- tant Director Sarah Peterson. 2. Healthy Homes Month (June 2016) was accepted by Kim Glaser, of the Housing and Community Development Department. 3. LGBTQ+ Pride Month (June 2016) was accepted by Vicki Gassman and Haley Schaar. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 6-0. 1. Minutes and Reports Submitted: Airport Commission of 1/25, 2/22, 4/25; Arts and Cul- tural Affairs Advisory Commission of 1/26, 2/23 and 3/22; Cable TV Commission of 4/6, 5/18; City Council Proceedings of 5/16, 5/9, 5/23; Community Development Advisory Commis- sion of 1/20, 3/16, 4/20, 5/18; Housing Com- mission of 4/26; Human Rights Commission of 4/11, 4/18; Sister City Relationships Advisory Commission of 5/18; Proof of Publication for City Council Proceedings of 5/2, 5/9. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: William and Janet Siegert v. City of Dubuque; Cathy Triervieler for personal injury. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Cathy Triervieler for personal injury. Up- on motion the documents were received, filed and concur. 4. Dubuque Golf & Country Club - Fire- works Request: Correspondence from Richard Bugalski, General Manager/CEO of the Dubu- que Golf & Country Club, requesting permis- sion to display fireworks on Monday, July 4, 2016 at about 9:30 p.m. on the DG&CC grounds with a rain date of Tuesday, July 5. Upon motion the documents were received, filed and approved. 5. Environmental Review - Pinard Park: City Manager recommending approval for the execution of the Environmental Review Record stating that the Pinard Park Lighting Project is Categorically Excluded from the National Envi- ronmental Policy Act of 1969. Upon motion the documents were received, filed and approved. 6. 2016-2017 AmeriCorps Partners in Learning Grant Application: City Manager rec- ommending approval of the AmeriCorps Part- ners in Learning Campaign for Grade Level Reading grant application filed with the Iowa Commission on Volunteer Services. Upon mo- tion the documents were received, filed and approved. 7. Truck Country Sanitary Sewer North Ex- tension Project Award: City Manager recom- mending that the award for the Truck Country Sanitary Sewer North Extension Project to Top Grade Excavating, Inc., be officially recorded in the minutes of the City Council. Upon mo- tion the documents were received, filed and made a Matter of Record. Book 146 Regular Session, June 6, 2016 193 8. 2016 Asphalt Overlay Access Ramps Project One Project Award: City Manager rec- ommending that the award for the 2016 As- phalt Overlay Access Ramp Project One to Dan Arensdorf Construction, Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 9. Roosevelt Street Extension Storm Sew- er and Electrical Utility Easements Project Acceptance: City Manager recommending acceptance of Storm Sewer and Electrical Utility Easements from Dubuque Fire Equip- ment, Inc. for an existing storm sewer and electrical utility across property at 1170 Roo- sevelt Street Extension. Upon motion the doc- uments were received and filed and Resolution No. 201-16 Accepting a Grant of Easement for storm sewer and electrical utility through, over and across Lot 4, Plat of Block 1, Riverfront Subdivision No. 5, in the City of Dubuque, Io- wa was adopted. RESOLUTION NO. 201-16 ACCEPTING A GRANTS OF EASEMENT FOR STORM SEWER AND ELECTRICAL UTILITY THROUGH, OVER AND ACROSS LOT 4, PLAT OF BLOCK 1, RIVERFRONT SUBDIVISION NO. 5, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Fire Equipment Inc. and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of site improvements over an existing storm sewer and electrical utility locat- ed in Lot 4, Plat of Block 1, Riverfront Subdivi- sion No. 5, in the City of Dubuque, Dubuque County, Iowa; and Whereas, Dubuque Fire Equipment Inc. have executed Easements for Storm Sewer and Electrical Utility in through, over and across Lot 4, Plat of Block 1, Riverfront Subdi- vision No. 5, 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 Grants of Easement for Storm Sewer and Electrical Utility through, over and across Lot 4, Plat of Block 1, River- front Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa from Dubuque Fire Equipment Inc., copies of which are 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. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 10. Bunker Hill Golf Course Irrigation Pro- ject Phase 2 Acceptance: City Manager rec- ommending acceptance of the construction contract for the Bunker Hill Irrigation Project Phase 2, as completed by Leibold Irrigation Inc. Upon motion the documents were re- ceived and filed and Resolution No. 202-16 Accepting the Bunker Hill Irrigation Project Phase 2 and authorizing the payment of the contract amount to the contractor was adopt- ed. RESOLUTION NO. 202-16 ACCEPTING THE BUNKER HILL IRRIGA- TION PROJECT PHASE 2 AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Bunker Hill Irrigation Project Phase 2 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Bun- ker Hill Golf Course Irrigation Capital Im- provement appropriation for the contract amount of $196,640 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 6th day of June, 2016. Ric W Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE BUNKER HILL IRRI- GATION PROJECT PHASE 2 The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Bunker Hill Irrigation Project Phase 2, that the Project has been performed in compliance with the terms of the Public Im- provement Contract, and that the total cost of the completed work is $196,640. Dated this 26th day of May, 2016. /s/Gus Psihoyos, City Engineer Book 146 Regular Session, June 6, 2016 194 Filed in the office of the City Clerk on the 31st day of May, 2016. /s/Kevin S. Firnstahl, City Clerk 11. PEG Capital Grant Expenditure Re- quest: City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the City of Dubu- que to perform a high-definition upgrade of the production facilities at the Historic Federal Building. Upon motion the documents were received, filed and approved. 12. Pre-Annexation Agreement – Firzlaff: City Manager recommending approval of a Pre-Annexation Agreement with Corey Firzlaff, property owner of Lot 15 in Twin Ridge Subdi- vision No. 2. Upon motion the documents were received and filed and Resolution No. 203-16 Approving a Pre-Annexation Agreement be- tween the City of Dubuque, Iowa and Corey Firzlaff was adopted. RESOLUTION NO. 203-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND COREY FIRZLAFF Whereas, Corey Firzlaff, owner of the fol- lowing described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lots 15 in Twin Ridge Subdivision No. 2 in Section 12 in Table Mound Town- ship, Dubuque County, Iowa according to the recorded plat thereof; and Whereas, Corey Firzlaff has entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Proper- ty; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Corey Firzlaff and the City of Dubuque is hereby approved. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 13. Approval of Plat of Survey - Stone Brook Center Second Addition: City Manager recommending approval of the Plat of Survey of Lot 1 of Lot A and Lot 2 of Lot A of Stone Brook Center Second Addition. Upon motion the documents were received and filed and Resolution No. 204-16 Approving Plat of pro- posed vacated right-of-way of Stone Valley Drive between U.S. Highway 20 and Boulder Brook Court, being part of Lots A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 204-16 APPROVING PLAT OF PROPOSED VA- CATED RIGHT OF WAY OF STONE VALLEY DRIVE BETWEEN U.S. HIGHWAY 20 AND BOULDER BROOK COURT, BEING PART OF LOTS A OF STONE BROOK CENTER SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa a plat dated May 13, 2016 prepared by AECOM, showing the vacated portion of Stone Valley Drive from U.S. Highway 20 to Boulder Brook Court and assigned lot numbers thereto, to be known as Lot 1 of Lot A and Lot 2 of Lot A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated May 13, 2016 prepared by AECOM, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, June 6, 2016 195 14. First Amendment to Development Agreement - Friends of St. Mary's / Steeple Square: City Manager recommending approval of the First Amendment to Development Agreement with Friends of St. Mary's D/B/A Steeple Square for development of 1501 Jack- son Street. Upon motion the documents were received and filed and Resolution No. 205-16 Approving a First Amendment to Development Agreement by and between the City of Dubu- que, Iowa and Friends of St. Mary’s D/B/A/ Steeple Square was adopted. RESOLUTION NO. 205-16 APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF ST. MARY’S D/B/A/ STEEPLE SQUARE Whereas, the City Council, by Resolution No. 176-16, dated May 2, 2016, entered into a Development Agreement with Friends of St. Mary’s D/B/A/ Steeple Square for the redevel- opment of 1501 Jackson Street in the City of Dubuque, Iowa (the Property); and Whereas, City and Developer desire to amend the Development Agreement; and Whereas, it is the determination of the City Council that approval of the First Amendment to Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Development Agreement by and between the City of Dubuque and Friends of St. Mary’s D/B/A/ Steeple Square, a copy of which is at- tached hereto, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the First Amendment to Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the First Amendment to Development Agreement as herein ap- proved. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 15. IDOT Emergency Detour Route Agreement - 3rd Street Bridge: City Manager recommending approval for the Mayor to exe- cute an agreement with the Iowa DOT for the use of local roads as an authorized detour route for the 3rd Street Bridge Overpass Deck Joint Repair Project scheduled for mid- September 2016. Upon motion the documents were received and filed and Resolution No. 206-16 Approving the Iowa Department of Transportation Agreement for use of local agency roads as a detour route for the 3rd Street Bridge Overpass Deck Joint Repair Project over US 52/61/151 was adopted. RESOLUTION NO. 206-16 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR USE OF LOCAL AGENCY ROADS AS A DETOUR ROUTE FOR THE 3RD STREET BRIDGE OVERPASS DECK JOINT REPAIR PRO- JECT OVER US 52/61/151 Whereas, the Iowa Department of Trans- portation is proceeding with the 3rd Street Bridge Overpass Deck Joint Repair Project over US 52/61/151; and Whereas, the project would require the use of local agency roads as a detour route. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Agreement for Use of Local Agency Roads as a detour route with the Iowa Department of Transportation is hereby approved for the 3rd Street Bridge Overpass Deck Joint Repair Project. Section 2. That the Mayor be authorized and directed to execute two copies of said Agreement for Use of Local Agency Roads as a detour route with the Iowa Department of Transportation for the 3rd Street Bridge Over- pass Deck Joint Repair Project over US 52/61/151. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 16. SW Arterial - North Cascade Road Re- construction Project Acceptance: City Manager recommending acceptance of the public im- provement construction contract for the Southwest Arterial – North Cascade Road Reconstruction Project as completed by C. J. Moyna & Sons, Inc. Upon motion the docu- ments were received and filed and Resolution No. 207-16 Accepting the Southwest Arterial - North Cascade Road Reconstruction Project, Iowa DOT Project No. HDP-2100 (655)--71-31 and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 207-16 ACCEPTING THE SOUTHWEST ARTERIAL - NORTH CASCADE ROAD RECONSTRUC- TION PROJECT, IOWA DOT PROJECT NO. HDP-2100 (655)--71-31 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Southwest Arterial - North Cascade Road Reconstruction Project, Iowa Book 146 Regular Session, June 6, 2016 196 DOT Project No. HDP-2100 (655)--71-31 (the Project) has been completed and the City En- gineer has examined the work and filed a cer- tificate stating that the Project has been com- pleted according to the terms of the Public Improvement Contract and that the City Engi- neer recommends that the Project be accept- ed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Southwest Arterial Capital Improvement ap- propriation for the contract amount of $1,782,128.51 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NORTH CASCADE ROAD RECONSTRUCTION PROJECT (PHASE I OF THE SOUTHWEST ARTERIAL PROJECT), IOWA DOT PROJECT NO. HDP- 2100 (655)--71-31 The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Southwest Arterial - North Cas- cade Road Reconstruction Project, Iowa DOT Project No. HDP-2100 (655)--71-31, and that the Project has been performed in compliance with the terms of the Public Improvement Con- tract, and that the total cost of the completed work is $2,155,308.10. Dated this 2nd day of June, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 2nd day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 17. Property Acquisition - Colts Building, 1101 Central Avenue: City Manager recom- mending approval of a resolution authorizing the purchase of 1101 Central Avenue for the appraised value and accept the deed for the property owned by Legionnaires Drum & Bugle Corps Inc. D/B/A Colts Drum & Bugle Corps. Upon motion the documents were received and filed and Resolution No. 208-16 Approving the acquisition of real estate owned by Le- gionnaires Drum & Bugle Corps, Inc. D/B/A Colts Drum & Bugle Corps located at 1101 Central Avenue in the City of Dubuque was adopted. RESOLUTION NO. 208-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY LEGIONNAIRES DRUM & BUGLE CORPS INC. D/B/A COLTS DRUM & BUGLE CORPS LOCATED AT 1101 CENTRAL AVENUE, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate located at 1101 Central Avenue, which is adjacent to the Multi- cultural Family Center located in the Ruby Sutton Building at 1157 Central Avenue and legally described as: South 2/5th of Lot 447 in the City of Dubuque, Iowa according to the United States Commissioners’ Map of the Town of Dubuque, Iowa; and Whereas, acquiring the certain real estate would allow for expansion of the Multicultural Family Center; and Whereas, an Offer to Buy has been final- ized with Legionnaires Drum & Bugle Corps Inc. D/B/A/ Colts Drum & Bugle Corps. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the acqui- sition of the real estate located at 1101 Central Avenue at the cost of Four Hundred Forty- Three Thousand Dollars ($443,000.00). Section 2. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto subject to review of the updated ab- stracts and title opinions by the City Attorney’s Office. Section 3. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 18. Property Acquisition - The Barony, Inc.: City Manager recommending approval of a resolution establishing and setting the fair market value based on the certified Acquisition Appraisal and Review Appraisal for property owned by The Barony, Inc. to be acquired for the purpose of construction of public utilities. Upon motion the documents were received and filed and Resolution No. 209-16 Establish- ing Fair Market Value, Directing Good Faith Negotiations, and Authorizing the Com- Book 146 Regular Session, June 6, 2016 197 mencement of Eminent Domain Proceedings for the Acquisition of Certain Real Property Owned by The Barony, Inc. in Dubuque Coun- ty, Iowa for the Purpose of Construction of Public Utilities was adopted. RESOLUTION NO. 209-16 ESTABLISHING FAIR MARKET VALUE, DIRECTING GOOD FAITH NEGOTIATIONS, AND AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY THE BARONY INC. IN DUBUQUE COUNTY, IOWA FOR THE PURPOSE OF CONSTRUCTION OF PUBLIC UTILITIES Whereas, the City of Dubuque (City) in- tends to acquire certain real property owned by The Barony Inc. (Owner) legally described as follows: Lot A of Goldthorp Place in the County of Dubuque, Iowa; Lot B of Goldthorp Place in the County of Dubuque, Iowa; Lot C of Goldthorp Place in the County of Dubuque, Iowa; Lot D of Goldthorp Place in the County of Dubuque, Iowa (the Property) as shown on Attachment A for the purpose of construction of public utili- ties; and Whereas, the City has caused an appraisal of the Property to be made and the appraised value of the Property is $44,500.00; and Whereas, the City Council now desires to establish the fair market value of the Property; and Whereas, Iowa law requires the City to make a good faith effort to negotiate with the Owner to purchase the Property before pro- ceeding with condemnation. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA AS FOLLOWS: Section 1. The fair market value of the Property is hereby established to be $44,500.00. Section 2. The City of Dubuque is hereby authorized to commence negotiations with the Owner of the Property and any other interest- ed parties for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution. Section 3. If good faith negotiations are unsuccessful, the City of Dubuque is hereby authorized to commence eminent domain pro- ceedings for the acquisition of the Property for the purpose of construction of public utilities. Passed, approved, and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 19. Southwest Arterial Property Acquisition - Parcel 150B Ronald & Marlene Valentine: City Manager recommending acceptance of Grants of Easement and Deed from Ronald L. and Marlene Valentine for the Southwest Arte- rial Project. Upon motion the documents were received and filed and Resolution No. 210-16 Accepting a Grant of Permanent and Tempo- rary Easements for the Southwest Arterial Pro- ject from Ronald L. Valentine and Marlene Valentine; and Resolution No. 211-16 Accept- ing a Deed for the Southwest Arterial Project from Ronald L. Valentine and Marlene Valen- tine were adopted. RESOLUTION NO. 210-16 ACCEPTING A GRANT OF PERMANENT AND TEMPORARY EASEMENTS FOR THE SOUTHWEST ARTERIAL PROJECT FROM RONALD L. VALENTINE AND MARLENE VALENTINE Whereas, the City of Dubuque entered into an agreement for the purchase of easements for the Southwest Arterial Project with Ronald L. Valentine and Marlene Valentine for the property legally described as: A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA as shown on the Easement ex- hibits attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Permanent and Temporary Easements attached hereto is hereby accept- ed. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Per- manent and Temporary Easements with the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 211-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM RONALD L. VALENTINE AND MARLENE VALENTINE Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Ronald L. Valentine and Marlene Valentine for the property legally described as follows: A PARCEL OF LAND SITUATED IN PART OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, Book 146 Regular Session, June 6, 2016 198 RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA as shown on the Acquisition Plat attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 20. Southwest Arterial Property Acquisition - Parcel 129S John & Carolyn Haupert: City Manager recommending acceptance of Deed from John C. Haupert and Carolyn S. Haupert for the Southwest Arterial Project. Upon mo- tion the documents were received and filed and Resolution No. 212-16 Accepting a Deed for the Southwest Arterial Project from John C. Haupert and Carolyn S. Haupert was adopted. RESOLUTION NO. 212-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM JOHN C. HAUPERT AND CAROLYN S. HAUPERT Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with John C. Haupert and Carolyn S. Haupert for the prop- erty legally described as follows: A PARCEL OF LAND SITUATED IN PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTH- WEST 1/4 OF SECTION 5, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA as shown on the Ac- quisition Plat attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 21. Southwest Arterial Property Acquisition - Parcel 127B English Ridge, LLC: City Man- ager recommending acceptance of a Grant of Easement and Deed from English Ridge, LLC for the Southwest Arterial Project. Upon mo- tion the documents were received and filed and Resolution No. 213-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project from English Ridge, LLC; and Resolution No. 214-16 Accepting a Deed for the Southwest Arterial Project from English Ridge, LLC were adopted. RESOLUTION NO. 213-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM ENGLISH RIDGE, LLC Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- ment for the Southwest Arterial Project with English Ridge, LLC for the property legally described as: A PARCEL OF LAND SITUATED IN PART OF LOT J OF ENGLISH RIDGE SUBDIVISION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA as more particularly shown on the Temporary Easement exhibit at- tached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 214-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM ENG- LISH RIDGE, LLC Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with English Ridge, LLC for the property legally described as follows: A PARCEL OF LAND SITUATED IN PART OF LOT J OF ENGLISH RIDGE SUBDIVISION, CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA as shown on the Acquisition Plat attached hereto; and Whereas, the terms of the agreement have been satisfied. Book 146 Regular Session, June 6, 2016 199 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 22. Southwest Arterial Property Acquisition - Parcel 126 Portzen Building Firm, LLC: City Manager recommending acceptance of Grants of Easement and Deed from Portzen Building Firm, LLC for the Southwest Arterial Project. Upon motion the documents were received and filed and Resolution No. 215-16 Accepting a Grant of Permanent and Temporary Ease- ments for the Southwest Arterial Project from Portzen Building Firm, LLC; and Resolution No. 216-16 Accepting a Deed from the South- west Arterial Project from Portzen Building Firm, LLC were adopted. RESOLUTION NO. 215-16 ACCEPTING A GRANT OF PERMANENT AND TEMPORARY EASEMENTS FOR THE SOUTHWEST ARTERIAL PROJECT FROM PORTZEN BUILDING FIRM LLC Whereas, the City of Dubuque entered into an agreement for the purchase of easements for the Southwest Arterial Project with Portzen Building Firm LLC for the property legally de- scribed as: A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA as shown on the Ease- ment exhibits attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Permanent and Temporary Easements attached hereto is hereby accept- ed. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Per- manent and Temporary Easements with the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 216-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM PORTZEN BUILDING FIRM, LLC Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Portzen Building Firm, LLC for the property legally de- scribed as follows: A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF STONE BROOK CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA as shown on the Ac- quisition Plat attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 23. Southwest Arterial Property Acquisition - Parcel 125 Neztrop, LLC: City Manager rec- ommending acceptance of Deed from NEZTROP, LLC for the Southwest Arterial Project. Upon motion the documents were received and filed and Resolution No. 217-16 Accepting a Deed for the Southwest Arterial Project from NEZTROP, LLC was adopted. RESOLUTION NO. 217-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM NEZTROP, LLC Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Neztrop, LLC for the property legally described as fol- lows: A PARCEL OF LAND SITUATED IN PART OF LOT 2 OF STONE BROOK CENTER SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA as shown on the Ac- quisition Plat attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby ac- cepted. Book 146 Regular Session, June 6, 2016 200 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 24. Southwest Arterial Property Acquisition - Parcel 101 Dubuque Metropolitan Area Solid Waste Agency: City Manager recommending acceptance of a Grant of Easement and Deed from the Dubuque Metropolitan Area Solid Waste Agency for the Southwest Arterial Pro- ject. Upon motion the documents were re- ceived and filed and Resolution No. 218-16 Accepting a Grant of Permanent Utility Ease- ment for the Southwest Arterial Project from Dubuque Metropolitan Area Solid Waste Agency; and Resolution No. 219-16 Accepting a Deed for the Southwest Arterial Project from Dubuque Metropolitan Area Solid Waste Agency were adopted. RESOLUTION NO. 218-16 ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENT FOR THE SOUTH- WEST ARTERIAL PROJECT FROM DUBU- QUE METROPOLITAN AREA SOLID WASTE AGENCY Whereas, the City of Dubuque entered into a Purchase Agreement for the purchase of a permanent utility easement for the Southwest Arterial Project with Dubuque Metropolitan Area Solid Waste Agency legally described as: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE, DUBUQUE COUNTY, STATE OF IOWA as more particularly shown on the Permanent Utility Easement exhibit attached here- to; and Whereas, the terms of the Purchase Agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Permanent Utility Ease- ment attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this Resolution and the Grant of Permanent Utility Easement with the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 219-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM DUBU- QUE METROPOLITAN AREA SOLID WASTE AGENCY Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Dubu- que Metropolitan Area Solid Waste Agency legally described as: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 2 OF 1 OF THE NORTH 1/2 OF THE NORTHEAST 1/4, SECTION 6, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., CITY OF DUBUQUE, DUBUQUE COUNTY, STATE OF IOWA as shown on the Acquisition Plat attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Deed attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 25. Workers' Compensation Settlement for Charles Klein: City Attorney recommending approval of an Agreement for Settlement re- garding a Workers’ Compensation claim that was filed against the City of Dubuque by Charles Klein. Upon motion the documents were received, filed and approved. 26. Request for Proposals - Consultant Services for ADA Review and Update of Self- Evaluation and Transition Plan: City Manager recommending approval to release a Request for Proposals to provide consultant services for an ADA Review and Update of Self-Evaluation and Transition Plan. Upon motion the docu- ments were received, filed and approved. 27. Employee Assistance Program: City Manager recommending approval of the selec- tion of Employee and Family Resources as the City’s Employee Assistance Program provider. Upon motion the documents were received, filed and approved. 28. Request for Release of Funds for Fis- cal Year 2017 Community Development Block Grant Activities: City Manager recommending approval of a Resolution authorizing the Re- quest for Release of Funds for the proposed Book 146 Regular Session, June 6, 2016 201 projects approved in the Fiscal Year 2017 (Program Year 2016) Annual Action Plan for Community Development Block Grant (CDBG) activities. Upon motion the documents were received and filed and Resolution No. 220-16 Authorizing Request for Release of Communi- ty Development Block Grant Funds for Fiscal Year 2017 (Program Year 2016) was adopted. RESOLUTION NO. 220-16 AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2017 (PROGRAM YEAR 2016) Whereas, the City of Dubuque will enter in- to a Community Development Block Grant Agreement for the Fiscal Year commencing July 1, 2016, with the U.S. Department of Housing and Urban Development, providing for financial assistance to the City under Title I of the Housing and Community Development Act of 1974, as amended; and Whereas, pursuant to the rules and regula- tions as promulgated by the U.S. Department of Housing and Urban Development, an envi- ronmental review has been processed for the hereinafter listed projects to be financed with Community Development Block Grant funds; and Whereas, a Notice of Intent to Request Re- lease of Funds for said grants has been pub- lished on May 27, 2016 to commence the re- quired seven (7) day public comment period; and Whereas, any and all comments received as a result of such notice will be duly consid- ered before proceeding with a Request for Release of Funds and Certification, and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. De- partment of Housing and Urban Development at the conclusion of the comment period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification for the following identified Com- munity Development Block Grant projects on or about June 6, 2016 and submit to the U.S. Department of Housing and Urban Develop- ment. Community Development Block Grant An- nual Plan Projects Fiscal Year 2017 (Program Year 2016) Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation (Home Repair Loan Program; Residential Rehabilita- tion Loan Program); Housing Code Enforce- ment; Housing Rehabilitation Services and Staff; Lead Hazard Control; Rental Unit Reha- bilitation (Emergency Code Enforcement Loan Program; Accessibility Rehab; Rental Rehabili- tation); Purchase Rehab Resale. Economic Development Programs: Com- mercial Industrial Building Rehab program and Revolving Loan Fund; Economic Development Financial Assistance Program and Microenter- prise Assistance Program Neighborhood and Community Develop- ment Programs: Accessible Curb Ramps; Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program); Neighborhood Recreation Program; Neighborhood Support Grants; Pur- chase of Services; Senior Center; Washington Tool Library; Zoning Inspection/ Enforcement; Four Mounds HEART Program. Planning and Administration: CDBG Ad- ministration Services and Staff; Neighborhood Development Services and Staff, Housing Planning/Administrative Services and Staff. No funds will be committed prior to comple- tion of a review for other related laws of 24 CFR 58.5, including Section 106, if required, for site-specific projects that are currently uni- dentified. Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Pro- tection Act, insofar as the provisions of the said Act apply to the U.S. Department of Hous- ing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent per- sonally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to environ- mental review, decision-making and action. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 29. Signed Contracts: Short-Term Lease Agreement with Robert Bradley for tillable property in Franklin D. Roosevelt Park. Upon motion the document was received and filed. 30. Improvement Contracts / Performance, Payment and Maintenance Bonds: SELCO, Inc. for the 2016 Pavement Marking Project; Gansen Excavating, Inc. for the South Fork Catfish Creek to Timber-Hyrst Estates #4 North & South Lines Creek Crossings 2016; Portzen Construction, Inc. for the North Grandview Avenue and Delhi Street Rounda- bout Intersection Improvement Project; Visu- Book 146 Regular Session, June 6, 2016 202 Sewer, Inc. for the FY 2016 Sewershed 5, 7, 11 & 12 Manhole Project. Upon motion the documents were received, filed and approved. 31. Alcohol Compliance Civil Penalty for Alcohol License Holder – Mindframe Theaters: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Mindframe Theaters, 555 John F. Kennedy Road, #105. Upon motion the documents were received, filed and approved. 32. Business License Refund: Request by Tom Thompson for a refund of the liquor li- cense BC0020560 for Oky Doky #8 located at 535 Hill Street in the amount of $150.00. Upon motion the document was received, filed and approved. 33. 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. 221-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 221-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewal Beecher Beverage, 1691 Asbury Rd., Class E liquor, Class B Wine, Class C Beer (Sun- day) Dubuque Bowling Lanes, 1029 1/2 Main St., Class C Liquor (Sunday) Hilton Garden Inn & Mystique Casino, 1801 & 1855 Greyhound Park Dr., Class B Liquor, Class B Wine, (Catering) (Outdoor) (Sun- day) Hy-Vee Wine & Spirits A, 3500 Dodge St., Class E liquor, Class B Wine, Class C Beer (Sunday) Kwik Star #236, 2035 J.F. Kennedy Rd., Class C Beer, Class B Native Wine (Sunday) Mi Ranchito, 1091 University Ave., Class C Liquor (Sunday) Ooh La, 3460 Hillcrest Rd., Class B Wine The Smokestack, 62 East 7th St., Class C Liq- uor (Living Qtrs.) (Sunday) Walgreens #11942, 345 E 20th St., Class E liquor, Class B Wine, Class C Beer (Sun- day) Adding Privilege Magoo’s Pizza, 1875 University Ave., Adding Outdoor Service Special Event, Dubuque Irish Hooley 8-25-16, Alliant Amphi- theater, Class C liquor (Outdoor) Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Lynch. Motion carried 6-0. 1. 30-Inch Force Main Relocation Project from 11th Street to 12th Street: City Manager recommending initiation of the public bidding procedure for Phase II of the 30-Inch Force Main Relocation Project from 11th Street to 12th Street, and further recommends that a public hearing be set for June 20, 2016. Upon motion the documents were received and filed and Resolution No. 222-16 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertise- ment for bids for the Phase II of the 30-Inch Force Main Relocation Project from 11th Street to 12th Street was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 20, 2016 in the Historic Federal Building. Book 146 Regular Session, June 6, 2016 203 RESOLUTION NO. 222-16 PHASE II OF THE 30-INCH FORCE MAIN RELOCATION PROJECT FROM 11TH STREET TO 12TH STREET PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for Phase II of the 30-inch Force Main Relocation Project from 11th Street to 12th Street, in the estimated amount $347,197.50, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 20th day of June, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Phase II of the 30-inch Force Main Reloca- tion Project from 11th Street to 12th Street is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 23rd day of June, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 5th day of July, 2016, in the Historic Feder- al Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 2. Vacate Petition - Stone Valley Drive Right-of-Way: City Manager recommending that a public hearing be set for June 20, 2016 to consider approval of a request from NEZTROP, LLC to vacate a portion of right-of- way of Stone Valley Drive in Stone Brook Cen- ter Second Addition. Upon motion the docu- ments were received and filed and Resolution No. 223-16 Resolution of Intent to vacate and dispose of City interest in a portion of the right- of-way of Stone Valley Drive between U.S. Highway 20 and Boulder Brook Court, being part of Lot A Stone Brook Center Second Addi- tion, to be known as Lot 1 of Lot A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa by sale to NEZTROP, LLC was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 20, 2016 in the Historic Federal Building. RESOLUTION NO. 223-16 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF THE RIGHT OF WAY OF STONE VALLEY DRIVE BETWEEN U.S. HIGHWAY 20 AND BOUL- DER BROOK COURT, BEING PART OF LOT A STONE BROOK CENTER SECOND ADDI- TION, TO BE KNOWN AS LOT 1 OF LOT A OF STONE BROOK CENTER SECOND AD- DITION, IN THE CITY OF DUBUQUE, IOWA BY SALE TO NEZTROP LLC Whereas, NEZTROP LLC has requested the vacating and purchase of the portion of the Right of Way of Stone Valley Drive between U.S. Highway 20 and Boulder Brook Court, being part of Lot A of Stone Brook Center Second Addition; and Whereas, AECOM has prepared and sub- mitted to the City Council a plat showing the proposed vacated Right of Way of Stone Val- ley Drive between U.S. Highway 20 and Boul- der Brook Court, being part of Lot A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa and assigned lot numbers thereto, which hereinafter shall be known and described as Lot 1 of Lot A and Lot 2 of Lot A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to vacate and dispose of its interest in Lot 1 of Lot A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa by sale to NEZTROP LLC upon the terms and condi- tions of the Agreement between the City of Book 146 Regular Session, June 6, 2016 204 Dubuque, Iowa and NEZTROP LLC and Portzen Building Firm LLC attached hereto. Section 2. That the conveyance of Lot 1 of Lot A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa to NEZTROP LLC be contingent upon the payment in the amount specified in the Purchase Agreement attached hereto, subject to the conditions of the Agreement between the City of Dubuque, Iowa and NEZTROP LLC and Portzen Building Firm LLC Section 3. That a public hearing on the in- tent to vacate and dispose of Lot 1 of Lot A of Stone Brook Center Second Addition by sale to NEZTROP LLC is hereby set for the 20th day of June, 2016, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to va- cate and dispose of said real estate to be pub- lished in the manner as prescribed by law. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 3. Reallocation of Series 2012H General Obligation Bond Proceeds: City Manager Rec- ommending setting a public hearing for June 20, 2016, on a proposal to reallocate not to exceed $500,000 of the unspent proceeds of the General Obligation Bond Series 2012H from the renovation of the second floor of the Multicultural Family Center to fund the acquisi- tion of the Colts Drum & Bugle Corps building at 1101 Central Avenue. Upon motion the documents were received and filed and Reso- lution No. 224-16 Fixing date for a meeting on the proposal to reallocate certain unspent pro- ceeds of the General Obligation Bonds, Series 2012H, of the City of Dubuque, Iowa and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 20, 2016 in the Historic Federal Building. RESOLUTION NO. 224-16 FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2012H, OF THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR PUBLICATION OF NO- TICE THEREOF Whereas, pursuant to hearings duly held under Iowa Code Section 384.25 and a resolu- tion approved on November 19, 2012, the City Council of the City of Dubuque, Iowa has pre- viously issued its General Obligation Bonds, Series 2012H, in the aggregate principal amount of $2,385,000 (the "Series 2012H Bonds"), for the purpose, among other things, of paying the costs of aiding in the planning, undertaking and carrying out of urban renewal project activities for Greater the Downtown Urban Renewal District and the Technology Park South District, including those costs as- sociated with construction of a rail platform for the intermodal transportation center; Multicul- tural Family Center repairs and improvements including renovation of the second floor; con- struction of an Americans with Disabilities Act (ADA) compliant restroom; utilities extensions; and construction of a trail in Technology Park South; and Whereas, certain proceeds of the Series 2012H Bonds remain unspent, and the City Manager has recommended that not to exceed $500,000 of such unspent proceeds (the "Un- spent Proceeds") be applied for the purpose of funding acquisition of the Colts Drum & Bugle Corps building at 1101 Central Avenue (from the Series 2012 Bonds) (the "Project"); and Whereas, there being no procedure speci- fied under Iowa law for consideration or ap- proval of such a reallocation, it is hereby de- termined, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 of the Code of Iowa should apply to such proposal, and that a hearing be held upon the proposal to reallocate the Un- spent Proceeds to provide funds for the Pro- ject. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock PM., on the 6th day of June, 2016, for the purpose of taking action on the matter of the proposed realloca- tion of the Unspent Proceeds of the Series 2012H Bonds to provide funds to defray all or a portion of the costs of the Project. Section 2. That the City Clerk is hereby di- rected to cause one publication to be made of notice of said meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having gen- eral circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting. Section 3. The notice of the proposed ac- tion shall be in substantially the [provided] form. Passed and approved this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 4. Hodge Company Lease Agreement: City Manager recommending the City Council set a public hearing for June 20, 2016 on the pro- posed riverfront lease with Hodge Company to Book 146 Regular Session, June 6, 2016 205 lease 8.89 acres on Purina Drive. Upon motion the documents were received and filed and Resolution No. 225-16 Resolution of Intent to dispose of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Hodge Company was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 20, 2016 in the Historic Federal Building. RESOLUTION NO. 225-16 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND HODGE COM- PANY Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally de- scribed as follows: Lot 2 of Lot 10 and part of Lot 11 of Block 4 in Riverfront Sub. No. 2 in the City of Dubuque, Iowa as shown on the attached Exhibit A (approximately 8.89 acres in total); and Whereas, Hodge Company desires to lease a part of the property as shown on Ex- hibit A, attached hereto, for industrial uses, storage and warehousing, and other business activities upon the terms set forth in a Lease Agreement which is on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubu- que, Iowa; and Whereas, City and Hodge Company have tentatively agreed to the Lease Agreement, which among other things, provides for a term through October 31, 2043; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described real property by Lease Agreement between City and Hodge Company; and Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the foregoing- described real property by Lease Agreement, to be held on the 20th day of June, 2016, at 6:30 o’clock p.m. at the Historic Federal Build- ing, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Arts and Cultural Affairs Advisory Com- mission: Four, 3-year terms through June 30, 2019 (Expiring terms of O'Rourke-Rosenow and Riedel, Kluseman and Teckemeyer). Ap- plicants for the Arts Representative Designa- tion: Nicholas Bratcher, 610 West 5th St.; Bibi Burke, 1155 Arrowhead Dr.; Marina O'Rourke- Rosenow, 2085 Mullin Rd.; Susan Riedel, 282 Kelly's Bluff St.; Davis Schmitz, 1270 Arrow- head Dr.; Mary Thomas Armstrong, 728 Alta Vista St.; Audrea Walsh, 803 Lincoln Ave. Ms. Burke, Ms. Riedel and Ms. Armstrong spoke in support of their respective appointments and provided brief a brief biography of their qualifi- cations. 2. Civic Center Advisory Commission: Two, 3-year terms through June 29, 2019 (Expiring terms of Bakke and Hill). Applicants: Rod Bakke, 3030 Karen St.; McKenzie Hill, 333 E. 10th St. #234. 3. Historic Preservation Commission: (Note: Three openings total, two different term dates). One, 3-year term through July 1, 2018 (Vacant term of Krueger – At-Large); and Two, 3-year terms through July 1, 2019 (Expiring terms of Kopczyk – Jackson Park District and Nieto – W. 11th District). Applicants: Alfred Kopczyk, 1320 Locust St. (Qualifies for Jack- son Park District and At-Large); Juan Nieto, 510 W. 11th St (Qualifies for W. 11th District and At-Large); Leslie Terry, 390 Hill St. (Quali- fies for At-Large only). Ms. Terry spoke in sup- port of her appointment and provided a brief biography of her qualifications. 4. Housing Commission: One, 3-year term through August 17, 2016 (Vacant term of Woods). Applicant: Wesley Heimke, 2350 Knob Hill Dr. 5. Investment Oversight Advisory Commis- sion: One, 3-year term through July 1, 2019 (Expiring term of Reisdorf). Applicant: Stephen Reisdorf, 740 Brookview Sq. 6. Library Board of Trustees (Mayor Ap- pointment): Two, 4-year terms through July 1, 2020 (Vacant terms of Connors and Allred). Applicants: Robert Armstrong, 728 Alta Vista St.; Christina Monk, 2005 North Main St. Mr. Armstrong and Ms. Monk spoke in support of their respective appointments and provided a brief biography of their qualifications. Book 146 Regular Session, June 6, 2016 206 7. Long Range Planning Advisory Com- mission: One, 3-year term through July 1, 2019 (Expiring term of Winterwood). Applicant: Charles Winterwood, 555 Montrose Ter. 8. Parks and Recreation Advisory Com- mission: Three, 3-year terms through June 30, 2019 (Vacant term of Schlueter and Expiring terms of Larson and Lyness). Applicants: Rob- ert Blocker, 880 Kane St.; Richard Kirkendall, 1725 Alta Pl.; Katherine Larson, 2535 Traut Ter.; Karen Lyness, 89 Alpine St. Mr. Blocker and Mr. Kirkendall spoke in support of their respective appointments and provided a brief biography of their qualifications. Ryan Larson, on behalf of his wife Katherine, read a pre- pared statement from her in support of her appointment. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Council on the following items. 1. Request to Amend PUD - Historic Mill- work District: Proof of publication on notice of public hearing to consider approval of a re- quest by Keith Gutierrez to amend the Historic Millwork District Planned Unit Development (PUD) to allow microbrewery, winery and dis- tillery as permitted uses and the Zoning Advi- sory Commission recommending approval as conditional uses with conditions related to noise and odors. Motion by Connors to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 6-0. Planning Services Manag- er provided a staff report. Developer Keith Gutierrez addressed the City Council reiterat- ing his comments from the May 16, 2016 meeting. Motion by Connors for final consideration and passage of Ordinance No. 19-16 Amend- ing Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 75-15 Which provides regulations for a PUD Planned Unit Develop- ment District with a Planned Commercial Des- ignation for the Historic Millwork District PUD and now being amended to include Mi- crobrewery, Winery and Distillery as condition- al uses. Seconded by Lynch. Motion carried 4- 2 with Rios and Del Toro voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 19-16 AMENDING TITLE 16, THE UNIFIED DE- VELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 75-15 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIG- NATION FOR THE HISTORIC MILLWORK DISTRICT PUD AND NOW BEING AMEND- ED TO INCLUDE MICROBREWERY, WIN- ERY AND DISTILLERY AS CONDITIONAL USES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Devel- opment Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 75-15 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation for the Historic Millwork District, and now being amended to include microbrewery, winery and distillery as conditional uses: All real property generally located south of 12th Street, east of White Street and west of Highway 61/151 as highlighted in Exhibit A, and to the centerline of the adjoining public right-of-way, all in the City of Dubu- que, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described PC Planned Commercial District: Principal permitted uses: The following us- es are permitted in the Historic Millwork District PUD: 1. Places of religious exercise or as- sembly. 2. Public, private or parochial school approved by State of Iowa (K-12). 3. Public or private park, golf course, or similar natural recreation area. 4. Railroad and public or quasi-public utility, including substation. 5. Residential use. 6. Housing for the elderly and persons with disabilities (not identified with (5) above). 7. Noncommercial art gallery. 8. Museum or library. 9. School of private instruction. 10. Private club. 11. General office. 12. Medical office or clinic. 13. Dental or medical lab. 14. Barber or beauty shop. 15. Hotel. 16. Shoe repair. 17. Laundry or drycleaner. 18. Bakery (wholesale or commercial). 19. Retail sales or service. 20. Indoor restaurant. 21. Bar or tavern. 22. Supermarket. 23. Tailoring or alterations. Book 146 Regular Session, June 6, 2016 207 24. Furniture or home furnishing. 25. Appliance sales or service. 26. Animal hospital or clinic. 27. Laundromat. 28. Furniture upholstery or repair. 29. Artist studio. 30. Photographic studio. 31. Neighborhood shopping center. 32. Business services. 33. Department store. 34. Auditorium or assembly hall. 35. Indoor theater. 36. Bank, savings and loan, or credit union. 37. Indoor amusement center. 38. Vending or game machine sales and service. 39. Indoor recreation facility. 40. Mail order house. 41. Printing or publishing. 42. Parking structure. 43. Vocational school. 44. Business or secretarial school. 45. Passenger transfer facility. 46. Warehousing and storage facility. 47. Artisan production shop. Accessory Uses: The following accessory uses are permitted in the Historic Millwork Dis- trict PUD: 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Boiler system in use as part of an in- dustrial business or use. 3. Outdoor seating as part of an indoor restaurant, bar or tavern. Conditional Uses: The following conditional uses are permitted in the Historic Millwork Dis- trict PUD, subject to the provisions of Article 8 of the Unified Development Code that estab- lishes requirements for application to the Zon- ing Board of Adjustment for a conditional use permit, and any other specific conditions listed below for a conditional use. 1. Drive-in or carry-out restaurant. 2. Drive-up automated bank teller. 3. Vehicle rental. 4. Construction supplies sales and ser- vice. 5. Contractor shop or yard. 6. Wholesale sale/distributor. 7. Agricultural supply sales. 8. Lumberyard or building materials. 9. Laboratory for research, develop- ment or engineering, provided that such use complies with all local, state, and federal regulations gov- erning hazardous substances, haz- ardous conditions, hazardous wastes, and hazardous materials. 10. Freight transfer facility. 11. Moving or storage facility. 12. Millworking. 13. Manufacture, assembly, repair or storage of electrical or electronic products, components or equip- ment. 14. Manufacture or assembly of musi- cal instruments; toys; watches or clocks; medical, dental, optical or similar scientific instruments; ortho- pedic or medical appliances; signs or billboards. 15. Manufacturing, compounding, as- sembly or treatment of articles or products from the following sub- stances: clothing or textiles; rubber, precious or semiprecious stones or metals; wood; plastics; paper; leather; fiber; glass; hair; wax; met- al; concrete; feathers; fur; cork; and celluloid or cellulose products. 16. District energy system. 17. Private energy generation facility. 18. Exterior storage. 19. Licensed child care centers, pro- vided that: a. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; b. All licenses have been issued or have been applied for and are awaiting the outcome of the state’s decision; and c. Such use shall not be located with- in the same structure as any gas station, bar/tavern, automated gas station or any facility selling, ser- vicing, repairing, or renting vehi- cles. d. The conditional use applicant certi- fies that the premises on which the licensed child care center will be located complies with, and will for so long as the licensed child care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazard- ous conditions, hazardous wastes, and hazardous materials. e. If the applicant is subject to the re- quirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, as amended, the Emergency Man- agement Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place Book 146 Regular Session, June 6, 2016 208 on the premises a notice indicat- ing a description of the extremely hazardous substances, and the physical and health hazards pre- sented by such substances. f. Applicant shall submit an evacua- tion plan for approval by the City, both written and drawn, that de- tails where the children will go in the event of a hazardous materi- als incident. The plan shall in- clude a “house in place” scenario in which the children can be kept safely within a room of the build- ing that has no penetration to the outside (windows, doors, etc.). g. Applicant shall submit plans for approval by the City that indicate the installation of a main emer- gency shut-off switch for the heat- ing, ventilation, and air condition- ing (HVAC) system to minimize the infiltration risk of airborne hazardous materials. 20. Microbrewery, winery and distillery, provided that: a. Any products or wastes containing odor producing substances ema- nating from a building or property associated with a microbrewery, winery or distillery, in such con- centrations to create a public nui- sance, as established by the city manager, shall be prohibited. b. The operation of a microbrewery, winery or distillery facility shall not cause any loud and excessive noise that result in annoyance or discomfort to a reasonable per- son. B. Lot and Bulk Regulations. The following bulk regulations shall apply in the Historic Millwork District PUD, subject to the provisions of the Unified Development Code. 1. Setbacks: a) Front yard = 0 feet b) Side yard = 0 feet c) Rear yard = 0 feet 2. Building Height = no maximum. 3. New Construction Transition. New construction on the blocks between 12th Street and 11th Street should transition in scale from the Wash- ington Neighborhood to the District PUD. C. Sign Regulations. 1. The number, size and location of signs in the Historic Millwork District PUD shall be regulated in accord- ance with Exhibit C and all other applicable regulations of Article 15 of the Unified Development Code. 2. A comprehensive sign plan is re- quired as part of the sign permit submittal for all multi-tenant build- ings. 3. Free-standing signs in the District PUD shall be monument-style signs. 4. The design of signage shall comply with the Downtown Design Guide- lines for signs. Waiver requests from these guidelines shall be re- viewed by the Historic Preservation Commission in accordance with the provisions of Article 10 of the Uni- fied Development Code. 5. Variance requests from sign re- quirements established in Article 15 of the Unified Development Code shall be reviewed by the Zoning Board of Adjustment in accordance with provisions of Article 8 of the Unified Development Code. 6. Off-premise signs are prohibited in the Historic Millwork District PUD. D. Performance Standards. Creation of a viable, equitable, and livable mixed-use neighborhood in the Historic Mill- work District PUD that includes residential, retail, office, commercial, and industrial uses requires both strategy and flexibility for its sus- tainability. The development and maintenance of uses in the Historic Millwork District PUD conceptually should follow the goals, objec- tives, and recommendations of the Historic Millwork District Master Plan, incorporated herein by reference and on file in the Planning Services Department. The development and maintenance of uses in the Historic Millwork District PUD shall be regulated as follows: 1. Conceptual Development Plan a. Referenced herein as Section 5. Development Summary of the Historic Millwork District Master Plan, and shown on Exhibit B, on file in the Planning Services De- partment, and made a part of this zoning reclassification by refer- ence as the Conceptual Devel- opment Plan for the Historic Mill- work District PUD. b. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to ac- quire workable street patterns, grades and usable building sites. c. The Land Use / Development Pat- terns depicted in the Historic Mill- work District Master Plan for ground floor uses reflect a pre- dominance of residential uses; however, for District sustainability, these ground floor uses shall be Book 146 Regular Session, June 6, 2016 209 characterized by a flexible desig- nation for the Historic Millwork District PUD Conceptual Devel- opment Plan as shown in Exhibit B. d. That the Historic Millwork District PUD Conceptual Development Plan as shown in Exhibit B is hereby amended to allow for a surface parking lot at the north- west corner of Elm and 11th Streets. 2. Parking Regulations Off-street parking is not required as part of the Historic Millwork District PUD. Off-street parking spaces may be provided in a building as an accessory use, subject to review and approval under Building, Fire, and other appli- cable City Codes. If a property owner chooses to provide surface off-street parking within the District PUD, the City Council must first ap- prove the request and the following regulations shall apply: a. Parking lot design shall comply with the Downtown Design Guide- lines for surface parking lots. b. All vehicle-related features shall be surfaced with standard or perme- able asphalt, concrete, or pavers. c. Curbing and proper surface drain- age of storm water shall be pro- vided. d. All parking and loading spaces shall be delineated on the surfac- ing material by painted stripes or other permanent means. e. The size and design of parking spaces shall be governed by ap- plicable provisions of the Unified Development Code enforced at the time of development of the lot. f. The number, size, design, and loca- tion of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 3. Parking Structures. Parking struc- tures (ramps) are allowed in the Historic Millwork District PUD sub- ject to City Council review and the following standards: a. Parking structures shall comply with the Downtown Design Guide- lines for parking facilities. b. The size and design of parking spaces shall be governed by ap- plicable provisions of the Unified Development Code enforced at the time of development. c. The number, size, design, and lo- cation of parking spaces desig- nated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 4. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. All exterior lighting luminaries shall be designed and installed to shield light from the luminar- ies at angles above 72-degrees from vertical. ii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iii. All electrical service lines to posts and fixtures shall be un- derground and concealed inside the posts. iv. The design of exterior lighting luminaries shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be re- viewed by the Historic Preserva- tion Commission in accordance with the provisions of Article 10 of the Unified Development Code. 5. Open Space It is the intent of these regulations that the development of open spaces (if provided) shall reflect a high quality of environmental design. The following provisions shall apply. i. Open space plans are required as part of submittals for site plan review. Such plans are to in- clude type, number and size of proposed plantings, paving and other open space amenities. Open space areas shall be de- signed in compliance with Downtown Design Guidelines and the Historic Millwork District Master Plan. ii. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required open space amenities shall be in- stalled. 6. Stormwater Management The developer shall be responsible for providing stormwater management in a means Book 146 Regular Session, June 6, 2016 210 that is satisfactory to the City Engineer and consistent with the Historic Millwork District Master Plan. Sustainable, low impact devel- opment techniques for stormwater manage- ment approved by the City Engineer will be used where feasible. Other applicable regula- tions also enforced by the City Engineer rela- tive to stormwater management and drainage shall apply to the subject property. 7. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. All exterior trash collection areas and the materials contained there- in shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be hori- zontal. All exterior entrances to a screened trash area shall be pro- vided with a gate or door of simi- lar design to that of the screen. c. Exterior trash collection areas shall comply with the Downtown De- sign Guidelines for service areas. 8. Exterior Storage a. Exterior storage is allowed in the Historic Millwork PUD District. Ex- terior storage areas shall comply with the Downtown Design Guide- lines for service areas. b. The use of semi-trailers and/or shipping containers for storage is prohibited. 9. Final site development plans shall be submitted in accordance with provi- sions of Article 12 and Article 13 of the Unified Development Code prior to construction or expansion of any buildings, free-standing signs, or parking facilities. The Downtown Design Guidelines shall apply to site development in the District PUD, and shall take precedence over the Design Standards for Big Box Retail Uses (over 100,000 square feet) and the Design Stand- ards for Retail Commercial Uses (over 60,000 square feet) and Re- gional Shopping Centers in Article 13 of the Unified Development Code. 10. Retail uses should be clustered around each other and adjacent to public spaces, such as at the inter- section of 10th and Washington Streets, in the Farley & Loetscher and Kirby Buildings along 7th Street, and in a highly visible com- mercial corridor at the east edge of the District along Elm Street. 11. Land uses should transition from industrial on the south to residential on the north, with new commercial or mixed use buildings along the new block to be created by realign- ing Elm Street in accordance with the Historic Millwork District Master Plan. E. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located under- ground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construc- tion, operation and management of property within the city of Dubuque. F. Transfer of Ownership Transfer of ownership or lease of property in the Historic Millwork District PUD shall in- clude in the transfer or lease agreement a pro- vision that the purchaser or lessee acknowl- edges awareness of the conditions authorizing the establishment of the District PUD. G. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the City of Dubu- que, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the under- signed and his/her heirs, successors and as- signs. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 6th day of June, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 10th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Rite Hite/AB(MC)2 - Expansion Devel- opment Agreement: Proof of publication on notice of public hearing to consider approval of a Development Agreement with Rite Hite/AB(MC)2 for their expansion project at 4343 Chavenelle Road and the City Manager Book 146 Regular Session, June 6, 2016 211 recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 226-16 Approving a Develop- ment Agreement by and between the City of Dubuque, Iowa and Rite Hite/AB(MC)2 provid- ing for the issuance of Urban Renewal Tax Increment Revenue Obligations for the expan- sion of property and creation of jobs at 4343 Chavenelle Road. Seconded by Connors. Dan McDonald, Vice President of Existing Business for Greater Dubuque Development Corp., spoke in support of the recommendation. Mo- tion carried 6-0. RESOLUTION NO. 226-16 APPROVING A DEVELOPMENT AGREE- MENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND RITE HITE/AB(MC)2 PROVIDING FOR THE ISSUANCE OF UR- BAN RENEWAL TAX INCREMENT REVE- NUE OBLIGATIONS FOR THE EXPANSION OF PROPERTY AND CREATION OF JOBS AT 4343 CHAVENELLE ROAD Whereas, the City Council, by Resolution No. 194-16, dated May 16, 2016, declared its intent to enter into a Development Agreement with Rite Hite/AB(MC)2 for the expansion of property and creation of jobs at 4343 Cha- venelle Road in the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on June 6, 2016 at 6:30 p.m. in the City Council Chambers at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement, for expansion of property and cre- ation of jobs by Rite Hite/AB(MC)2 according to the terms and conditions set out in the Devel- opment Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agree- ment by and between the City of Dubuque and Rite Hite/AB(MC)2, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute the Develop- ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 3. Transit Advisory Board Student Fare Recommendation: Proof of publication on no- tice of public hearing to consider approval of the Jule Transit student fares effective for the 2016-2017 school year as recommended by the Transit Advisory Board and the City Man- ager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 227-16 Establishing a Transit Fixed-Route Student Fare. Seconded by Connors. Responding to questions from the City Council, Transit Manager Candace Eu- daley and Transit Advisory Board Member Dora Serna stated that the $10 was estab- lished by the Transit Advisory Board as a rea- sonable cost without creating an undue ex- pense adding that the new process will help bus operators identify problem riders and re- solve issues. Motion carried 6-0. RESOLUTION NO. 227-16 ESTABLISHING A TRANSIT FIXED-ROUTE STUDENT FARE Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens of Dubuque; and Whereas, the number of rides to students has increased; and Whereas, the cost to provide said services have continued to increase; and Whereas, The City of Dubuque desires to continue to provide fixed-route and paratransit services to its citizens; and Whereas, the proposed fare will impact student riders. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The newly established student fixed-route fares are as follows effective August 1, 2016: Student Fixed-Route Fares Student under 11 years, Free with Jule- issued Swipe Card Student 11-18 years annual pass, $10 annual pass with proof of age Student 11-18 years per ride, $0.75 per ride with student ID Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 4. Vacating Petition - North Grandview Av- enue / University Avenue Right-of-Way: Proof of publication on notice of public hearing to consider approval of a request by Tom Tiefen- thaler of K&T Real Estate, LLC to vacate and dispose of City interest in a portion of the North Grandview Avenue right-of-way in the southwest corner of North Grandview Avenue and University Avenue and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Book 146 Regular Session, June 6, 2016 212 Resolution No. 228-16 Vacating a portion of North Grandview Avenue South of University Avenue to be known as Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa; and Resolution No. 229-16 Disposing of City Inter- est in Lot 1 of Tiefenthaler 2nd Place in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 228-16 VACATING A PORTION OF NORTH GRANDVIEW AVENUE SOUTH OF UNI- VERSITY AVENUE TO BE KNOWN AS LOT 1 OF TIEFENTHALER 2ND PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, K & T Real Estate, LLC has re- quested the vacating of a portion of the North Grandview Avenue Right of Way south of Uni- versity Avenue in the City of Dubuque, Dubu- que County, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa a plat dated the May 9, 2016 prepared by Hinkle Engineering and Surveying, describing the proposed vacated street right of way, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 20th day of May, 2016, the City Council of the City of Dubuque, Iowa met on the 6th day of June, 2016, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the pro- posed vacated portion of the North Grandview Avenue Right of Way to be known as Lot 1 of Tiefenthaler 2nd, in the City of Dubuque, Iowa should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa Dubuque County, Iowa be and the same is hereby vacated. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 229-16 DISPOSING OF CITY INTEREST IN LOT 1 OF TIEFENTHALER 2ND PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 20th day of May, 2016, the City Council of the City of Dubuque, Iowa met on the 6th day of June, 2016, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate de- scribed as: Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa Dubuque Coun- ty, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa Dubu- que County, Iowa to K & T Real Estate, LLC be and the same is hereby approved for the sum of $31,549.12, subject to the conditions of an Offer To Buy Real Estate and Acceptance Agreement between the City and K & T Real Estate, LLC plus all platting, publication, and filing fees. The City Manager is hereby author- ized to execute and sign said Offer To Buy Real Estate and Acceptance Agreement. Con- veyance shall be by Warranty Deed. Section 2. That the Mayor be authorized and directed to execute a Warranty Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to K & T Real Estate, LLC upon receipt of the purchase price in full. 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 Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated lim- iting discussion to the City Council. ACTION ITEMS 1. Greater Dubuque Development Corpo- ration - Quarterly Update: Rick Dickinson, President and CEO of GDDC provided a ver- Book 146 Regular Session, June 6, 2016 213 bal report on the quarterly activities of GDDC including information on achieving and surpas- sing the goals of the NEXT Campaign in the areas of job growth, new construction, popula- tion growth (regional), and minimum/increased wages. Mr. Dickinson stated that the results of the Convergent interviews with local business- es will be announced at the GDDC annual meeting on June 22, 2016 at the Mystique Casino. Responding to questions from the City Council, Mr. Dickinson stated that it is un- known what influences the fluctuation in re- gional average wages and that there is great potential for commercial growth at the of Hwy 20 and the proposed SW Arterial due in part to the expansion of the City’s industrial parks. Motion carried 6-0. 2. Dubuque Main Street / Farmers' Market Update: Dubuque Main Street Executive Direc- tor Dan LoBianco provided an update on the Dubuque Farmers' Market that included pro- motion and success of the Supplemental Nutri- tion Assistant Program (SNAP), possible future expansion of the market area, and responded to questions about assisting with relocating the Winter Farmers’ Market currently at 1101 Cen- tral Avenue. Mr. LoBianco additionally ad- dressed the rehabilitation of 1838 Central Av- enue through a façade grant and retail store fronts in the Washington Street and Central Avenue corridors. Motion by Connors to re- ceive and file the information. Seconded by Resnick. Motion carried 6-0. 3. Public Input at City Council Meetings (3rd Reading): City Attorney submitting a pro- posed ordinance concerning the placement of Public Input on the Council agenda. Motion by Connors for final consideration and passage of Ordinance No. 20-16 Amending City of Dubu- que Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure, Sections 1-6A-11 Order of Business and Agenda and 1-6A-14 Rights of Public by clarifying the rules relating to communications to the City Council and the Public Input Agenda. Seconded by Resnick. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 20-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRATION, CHAPTER 6 MAYOR AND CITY COUNCIL, ARTICLE A RULES AND PROCEDURE, SECTIONS 1-6A-11 ORDER OF BUSINESS AND AGENDA AND 1-6A-14 RIGHTS OF PUBLIC BY CLARIFYING THE RULES RE- LATING TO COMMUNICATIONS TO THE CITY COUNCIL AND THE PUBLIC INPUT AGENDA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 1-6A-11 of the City of Dubuque Code of Ordinances is amended to read as follows: 1-6A-11: ORDER OF BUSINESS AND AGENDA: A. Agenda: The order of business of each regular meeting shall be as con- tained in the agenda prepared by the city clerk. The agenda shall be a list- ing by topic of subjects to be consid- ered by the city council. B. Order Of Business: The general rule as to the order of business in regular meetings shall be as follows: 1. Reading of the call. 2. Roll call. 3. Proclamations. 4. Consent items; business licenses. 5. Items to be set for public hearing. 6. Appointments to boards and com- missions. 7. Public hearings. 8. Public input. 9. Action items. 10. Adjournment. Section 2. Section 1-6A-14 of the City of Dubuque Code of Ordinances is amended to read as follows: 1-6A-14: RIGHTS OF PUBLIC: A. Addressing City Council: No person may address the city council by oral communication without the permis- sion of the presiding officer. B. Manner Of Addressing City Council; Time Limit: Each person addressing the city council shall approach the microphone, shall give such per- son's name and address and, if rep- resenting an organization or anoth- er person, shall so state, in an au- dible tone of voice for the record, and, unless further time is granted by the presiding officer, shall limit such person's address to five (5) minutes. All remarks shall be ad- dressed to the city council as a body, not to any city officer or em- ployee. No person, other than members of the city council and the person having the floor, shall be permitted to enter into any discus- sion, either directly or through the members of the city council. No questions shall be asked of individ- ual council members nor of any city officer or employee, except through the presiding officer. C. Personal And Slanderous Remarks: Any person making personal, im- pertinent or slanderous remarks, or Book 146 Regular Session, June 6, 2016 214 who shall become boisterous, while addressing the city council may be requested to leave the meeting and may be by the presiding officer barred from further audience before the city council. D. Written Communications: Any per- son or the person's authorized rep- resentatives, may address the city council by written communication in regard to any matter concerning the city's business or over which the city council has control at any time by addressing such written commu- nication to the city clerk. All such written communications must be re- ceived by the city clerk by twelve o'clock (12:00) noon of the Wednesday immediately preceding the regular council meeting in order that such material may be placed on the agenda for such meeting. E. Public Input Agenda: Members of the public may address the city council on any action item on the agenda or on any matter not on the agenda concerning city business or over which the city council has con- trol. Unless extended by the presiding officer, public input will be limited to thirty (30) minutes. Section 3. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 6th day of June, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 10th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 4. Through 10. Code of Ordinances Amendments - Title 14 International Building Code; International Energy Conservation Code; International Fire Code; International Fuel Gas Code: International Mechanical Code: International Plumbing Code; and Inter- national Residential Code The City Clerk stated that the City Attorney advised that all seven International Code items (Action Items 4-10) could be adopted with one motion if the Council desired. City Manager recommending adoption of the International Building Code; International Energy Conservation Code; International Fire Code; International Fuel Gas Code: Interna- tional Mechanical Code: International Plumb- ing Code; and International Residential Code. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended to include all seven International Code ordinances. Seconded by Resnick. Mo- tion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 21-16 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regula- tions, Sections 14-1A-1 International Building Code Adopted, 14-1A-2 International Building Code Amendments, 14-1A-3 Permit Issuance Prohibited During Consideration of Zoning Reclassification or Zoning or Subdivision Text Amendments, and 14-1A-6 Building Code and Advisory Appeals Board by Repealing Such Sections and Enacting New Sections in Lieu Thereof Adopting the 2015 International Build- ing Code; Ordinance No. 22-16 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article C Energy Conservation Code, Sections 14-1C-1 International Energy Conservation Code Adopted and 14-1C-2 International En- ergy Conservation Code Amendments by Re- pealing Such Sections and Enacting New Sec- tions in Lieu Thereof Adopting the 2015 Inter- national Energy Conservation Code; Ordinance No. 23-16 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations, Sections 14-1E-1 International Fire Code Adopted and 14-1E-2 International Fire Code Amendments by Repealing Such Sections and Enacting New Sections in Lieu Thereof Adopting the 2015 International Fire Code; Ordinance 24-16 Amending City of Dubu- que Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Arti- cle G Fuel Gas Code, Sections 14-1G-1 Fuel Gas Code Adopted and 14-1G-2 Fuel Gas Code Amendments by Repealing Such Sec- tions and Enacting New Sections in Lieu Thereof Adopting the 2015 Fuel Gas Code; Ordinance No. 25-16 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article F Mechanical Code, Sections 14-1F-1 International Mechanical Code Adopted and 14-1F-2 International Mechanical Code Amendments by Repealing Such Sections and Enacting New Sections in Lieu Thereof Adopt- ing the 2015 International Building Code and by Adopting a New Section 14-1F-4 Establish- ing the Mechanical and Plumbing Code Board and Providing for the Powers, Operation, Membership, and Meetings; Ordinance No. 26-16 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article H Plumbing Code, Sections 14-1H-1 Book 146 Regular Session, June 6, 2016 215 International Plumbing Code Adopted and 14- 1H-2 International Plumbing Code Amend- ments by Repealing Such Sections and Enact- ing New Sections in Lieu Thereof Adopting the 2015 International Plumbing Code and by Re- pealing Section 14-1H-7 Plumbing Code Board and Enacting a New Section 14-1H-7 Mechan- ical and Plumbing Code Board Providing for the Powers, Operation, Membership and Meet- ings; Ordinance No. 27-16 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code, Sections 14-1B-1 International Residential Code Adopted and 14-1B-2 International Residential Code Amendments by Repealing Such Sections and Enacting New Sections in Lieu Thereof Adopt- ing the 2015 International Residential Code. Seconded by Resnick. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 21-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS, SECTIONS 14-1A-1 IN- TERNATIONAL BUILDING CODE ADOPT- ED, 14-1A-2 INTERNATIONAL BUILDING CODE AMENDMENTS, 14-1A-3 PERMIT ISSUANCE PROHIBITED DURING CONSID- ERATION OF ZONING RECLASSIFICATION OR ZONING OR SUBDIVISION TEXT AMENDMENTS, AND 14-1A-6 BUILDING CODE AND ADVISORY APPEALS BOARD BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNA- TIONAL BUILDING CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1A-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1A-1 and enacting a new Section 14-1A-1 in lieu thereof as follows: 14-1A-1: INTERNATIONAL BUILDING CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the building code of the city that certain building code known as the inter- national building code, 2015 edition, and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construction of build- ings and other structures and in all matters covered by such building code within the cor- porate limits of the city and shall be known as the "Dubuque building code". A copy of the international building code, 2015 edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14-1A-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1A-2 and enacting the following additions, deletions, modifications, or amendments of the International Building Code, 2015 Edition, adopted in Section 14-1A- 1 to read as follows: 14-1A-2: INTERNATIONAL BUILDING CODE AMENDMENTS: The following additions, deletions, modifi- cations, or amendments of the international building code, 2015 edition, adopted in section 14-1A-1 of this article to read as follows: Section 101.2 Scope. Amended to read: Sec. 101.2 Scope. The provisions of this code shall apply to the construc- tion, alteration, moving, demolition, re- pair, maintenance and use of any build- ing or structure within this jurisdiction, except work located primarily in a pub- lic way, public utility towers and poles, mechanical equipment not specifically regulated in this code, and hydraulic flood control structures. For additions, alterations, moving and maintenance of buildings and struc- tures, see 2015 International Existing Building Code (IEBC). For temporary buildings and structures, see section 3103 of the International Building Code. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific re- quirement shall be applicable. Wherever in this code reference is made to the appendix, the provisions in the appendix shall not apply unless specifically adopted. Section 101.4.4 Property Maintenance. Amended to read: Sec. 101.4.4 Property Maintenance. The provisions of the International Property Maintenance Code, as adopt- ed by the City of Dubuque in Title 14, Chapter 1, shall apply to existing struc- tures and premises; equipment and fa- cilities; light, ventilation, space heating, sanitation, life, and fire safety hazards; responsibilities of owners, operators, and occupants; and occupancy of exist- ing premises and structures. Section 105.5 Expiration. Amended to read: Sec. 105.5 Expiration. Every permit is- sued shall become invalid unless the work on the site authorized by such Book 146 Regular Session, June 6, 2016 216 permit is completed within one year af- ter its issuance, unless the building is part of a project which, because of its complexity or proportions, will require more time, in which instance the build- ing official may grant permits for the project in phases. The building official is authorized to grant, in writing and for justifiable cause, a renewal of a permit for two (2) successive periods of ninety (90) days, for a period not to exceed one-hundred eighty (180) days; provid- ed, that a fee is paid for each renewal as set by the city manager. All city of Dubuque residential building permits issued prior to July 16, 2007 without an expiration date listed shall expire on October 1, 2010. Section 113.1 through 113.3 replaced with City of Dubuque Code of Ordi- nances Section 14-1A-6. Section 114. Violations. Amended to read: Sec. 114 Violations. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or main- tain any building or structure or cause or permit the same to be done in viola- tion of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, contin- ued or permitted and upon conviction shall be punishable as provided in title 1 of the code of ordinances. The penal- ty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code pro- vided for violation thereof. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previous- ly issuing a notice of violation. Section 116. Unsafe Structures And Equipment. Amended to read: Sec 116 Unsafe Structures And Equipment. All buildings or structures regulated by this code which are struc- turally unsafe or not provided with ade- quate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safe- ty, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are sup- ported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as un- safe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the proce- dures set forth in title 14, chapter 3 of the code of ordinances. Section 202. Definitions. Amendment to “Building Official” and inclusion of “Code Official”: BUILDING OFFICIAL. See “CODE OFFICIAL”. CODE OFFICIAL. The officer or other designated authority charged with the administration and en- forcement of this code, or a duly au- thorized representative. Any refer- ence to “BUILDING OFFICIAL” in this code refers to “CODE OFFI- CIAL”. Section 423. Storm Shelters. Deleted. Section 903.3.1.1.1 Exempt Locations. Amended to read: Sec. 903.3.1.1.1 Exempt Locations. Automatic sprinklers shall not be re- quired in the following rooms or areas where such rooms or areas are pro- tected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visi- ble or invisible particles of combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fire- resistance-rated construction or con- tains electrical equipment. 1. A room where the application of water, or flame and water, con- stitutes a serious life or fire haz- ard. 2. A room or space where sprin- klers are considered undesira- ble because of the nature of the contents, where approved by the fire code official. 3. Generator and transformer rooms separated from the re- mainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than 2 hours. Book 146 Regular Session, June 6, 2016 217 4. Rooms or areas that are of non- combustible construction with wholly noncombustible contents. 5. Fire service access elevator ma- chine rooms and machinery spaces. 6. Automatic sprinklers shall not be installed in elevator machine rooms, elevator machine spac- es, and elevator hoistways other than pits where such sprinklers would not necessitate shunt trip requirements under any circum- stances. Storage shall not be al- lowed within the elevator ma- chine room. Signage shall be provided at the entry doors to the elevator machine room indi- cating “ELEVATOR MACHIN- ERY-NO STORAGE AL- LOWED”. Section 3. Section 14-1A-3 of the City of Dubuque Code of Ordinanc- es is amended by repealing Section 14-1A-3 and enacting a new Sec- tion 14-1A-3 in lieu thereof as fol- lows: 14-1A-3: PERMIT ISSUANCE PRO- HIBITED DURING CONTEMPLATION OR CONSIDERATION OF ZONING RECLASSIFICATION OR ZONING OR SUBDIVISION TEXT AMENDMENTS: The building official of the city is hereby prohibited from issuing a building per- mit for real property for which action is contemplated or has been initiated for a change in the zoning classification of the property or a text amendment of the zoning or subdivision ordinances. The prohibition shall be from the date of the filing of the application with the plan- ning services department until the date of final action of the city council upon such zoning reclassification or text amendment, including publication as provided by law where the reclassifica- tion or amendment is adopted by the city council. The city council may, by one or more resolutions, waive this prohibition in whole or in part. Section 4. Section 14-1A-6 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1A-6 and enacting a new Section 14-1A-6 in lieu thereof as follows: 14-1A-6: BUILDING CODE AND AD- VISORY APPEALS BOARD: A. Board Created: There is hereby created the building code and advisory appeals board. B. Purpose: The purpose of the board is to determine the suita- bility of alternative building ma- terials and methods of building construction, to provide for rea- sonable interpretation of the provisions of the international building code, to advise the city council on all building construc- tion regulations and procedures, and to serve as an appeal body for the decisions of the building official. C. Internal Organization And Rules: The board may adopt rules and regulations to govern its organi- zational procedures as may be necessary and which are not in conflict with this code or the Io- wa Code. D. Procedures For Operation: All administrative, personnel, ac- counting, budgetary, and pro- curement policies of the city govern the board in all its opera- tions. E. Membership: 1. The board comprises seven (7) residents of the city, ap- pointed by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special qualifications: a. One member must be an architect or engineer reg- istered in the state of Io- wa. b. One member must be a commercial contractor. c. One member must be a journeyman carpenter. d. One member must be a residential contractor. e. One member must be a representative of the public at large. f. Two (2) representatives must have knowledge of Americans with disabili- ties act regulations to represent the interests of persons with disabilities. F. Oath: Each person, upon ap- pointment or reappointment to the board, must execute an oath of office at the first meeting of the board following the ap- pointment or reappointment or at the city clerk's office any time prior to the first meeting of the board. G. Terms: The term of office for members of the board is three (3) years or until such member's successor is appointed and qualified. Book 146 Regular Session, June 6, 2016 218 H. Vacancies: Vacancies must be filled in the same manner as original appointments. I. Officers/Organization: The board must choose annually a chair- person and vice chairperson, each to serve a term of one year. The chairperson must ap- point a secretary, who need not be a member of the board. The board must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. Meetings: 1. Regular Meetings: The board must meet upon call of the chairperson, secretary, or city manager. 2. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the members. 3. Open Meetings: All meetings must be called and held in conformance with the Iowa open meetings law. 4. Attendance: a. In the event a member of the board has been ab- sent for three (3) or more consecutive meetings of the board, without being excused by the chairper- son, such absence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appoint- ed. b. Attendance must be en- tered upon the minutes of all meetings. 5. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (10) working days after each meeting, or by the next regu- larly scheduled city council meeting, whichever is later. 6. Quorum: For meetings where the agenda does not include the review of any Americans with disabilities act issues, three (3) members of the board constitute a quorum for the transaction of busi- ness. For meetings where the agenda does include the review of any Americans with disabilities act issues, four (4) members of the board and at least one of the Americans with disabilities act representatives must be in attendance to constitute a quorum for the transaction of business. An affirmative vote of a majority of the members present and voting is neces- sary for the adoption of any motion or resolution. K. Compensation: Members serve without compensation, provided that they may receive reim- bursement for necessary travel and other expenses while on of- ficial board business within the limits established in the city ad- ministrative policies and budget. L. Removal: The city council may remove any member for cause upon written charges and after a public hearing. M. Powers: The board has the fol- lowing powers, duties, and re- sponsibilities: 1. Any person who is aggrieved by a decision of the building official on any requirements resulting from the enforce- ment of the building code may appeal from such deci- sion to the building code board and said board shall serve as an appeal board. In case the aggrieved party is a member of said board, said member shall be disqualified as a member of the board acting as an appeal board, until the person aggrieved has been heard and a deci- sion rendered. The appeal shall be made by the person aggrieved, giving written notice of such appeal to the building official within seven (7) days of receipt of decision from which the ap- peal is taken. The building code board sitting as an ap- peal board shall meet within ten (10) working days after receiving such notice and render a decision within five (5) working days thereafter. Any interested party, includ- ing the building official, shall have the right to present their case to the appeal board, whose decision shall be final unless appealed to Book 146 Regular Session, June 6, 2016 219 the district court as provided by law. The board of appeals may re- verse or modify a decision of the building official only on finding that: a. The building official had incorrectly interpreted the provision of this code; or b. The decision of the build- ing official creates an unnecessary hardship upon the appellant. The board of appeals shall require that sufficient evi- dence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be conducted in accordance with the procedures speci- fied in this code. On issues before the board involving the Americans with disabilities act the board may elect to seek input from Americans with disabilities act advocates in the com- munity. If the board elects to seek input from Americans with disabilities act advo- cates in the community the board shall consult with a minimum of two (2) individu- als. N. Limitations Of Authority: The board of appeals shall have no authority relative to interpreta- tion of the administrative provi- sions of this code nor shall the board be empowered to waive requirements of this code. In so modifying or reversing such decision of the building official, the board of appeals may au- thorize any alternate to the de- cision of the building official and the provisions, provided it finds the proposed material or meth- od of construction is satisfactory for the use intended and com- plies with the provisions of this code, and that the material, method, or work offered is, for the purpose intended, at least equivalent to that prescribed by this code in suitability, strength, effectiveness, durability, fire re- sistance, and safety. Section 5. This Ordinance takes effect July 1, 2016. Passed, approved, and adopted the 6th day of June, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 22-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE C ENERGY CONSERVA- TION CODE, SECTIONS 14-1C-1 INTERNA- TIONAL ENERGY CONSERVATION CODE ADOPTED AND 14-1C-2 INTERNATIONAL ENERGY CONSERVATION CODE AMEND- MENTS BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNA- TIONAL ENERGY CONSERVATION CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1C-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1C-1 and enacting a new Section 14-1C-1 in lieu thereof as follows: 14-1C-1: INTERNATIONAL ENERGY CONSERVATION CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the energy code of the city that certain code known as the international energy conserva- tion code, 2015 edition, and as pub- lished by the International Code Coun- cil, Inc., and the thermal efficiency pro- visions of such code shall be controlling in the construction of all new construc- tion and any renovation project that ef- fects the building thermal envelope of a structure within the corporate limits of the city and the lighting efficiency pro- visions of such code shall be controlling in the new construction of buildings which are open to the general public during normal business hours and shall be known as the "Dubuque energy code". A copy of the international ener- gy conservation code, 2015 edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14-1C-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1C-2 and enacting the following additions, deletions, modifications, or amend- ments of the International Energy Con- servation Code, 2015 Edition, adopted in Section 14-1C-1 to read as follows: Book 146 Regular Session, June 6, 2016 220 14-1C-2: INTERNATIONAL ENERGY CONSERVATION CODE AMEND- MENTS: The following additions, deletions, modifi- cations, or amendments of the interna- tional energy conservation code, 2015 edition, adopted in section 14-1C-1 of this article to read as follows: Section 109.1 through 109.3 replaced with City of Dubuque Code of Ordinances Section 14-1A-6. Section 202 General Definitions. Amended to read: Section 202 General Definitions. Above-Grade Wall. A wall more than 50 percent above grade and enclosing conditioned space. This includes be- tween-floor spandrels, peripheral edges of floors, roof and basement knee walls, dormer walls, gable end walls, walls enclosing a mansard roof and skylight shafts. Accessible. Admitting close approach as a result of not being guarded by locked doors, elevation or other effective means (see "Readily Accessible"). Addition. An extension or increase in the conditioned space floor area or height of a building or structure. Air Barrier. Material(s) assembled and joined together to provide a barrier to air leakage through the building enve- lope. An air barrier may be a single ma- terial or a combination of materials. Alteration. Any construction or renovation to an existing structure other than re- pair or addition that requires a permit. Also, a change in a mechanical system that involves an extension, addition or change to the arrangement, type or purpose of the original installation that requires a permit. Approved. Approval by the code official as a result of investigation and tests con- ducted by him or her, or by reason of accepted principles or tests by national- ly recognized organizations. Automatic. Self-acting, operating by its own mechanism when actuated by some impersonal influence, as, for example, a change in current strength, pressure, temperature or mechanical configura- tion (see "Manual"). Basement Wall. A wall 50 percent or more below grade and enclosing conditioned space. Building. Any structure used or intended for supporting or sheltering any use or oc- cupancy. Building Official. See “Code Official”. Building Thermal Envelope. The basement walls, exterior walls, floor, roof, and any other building element that enclose conditioned space. This boundary also includes the boundary between condi- tioned space and any exempt or un- conditioned space. C-Factor (Thermal Conductance). The co- efficient of heat transmission (surface to surface) through a building compo- nent or assembly, equal to the time rate of heat flow per unit area and the unit temperature difference between the warm side and cold side surfaces (Btu/h ft2 x oF) [W/(m2 x K)]. Code Official. The officer or other desig- nated authority charged with the admin- istration and enforcement of this code, or a duly authorized representative. Any reference to “building official” in this code refers to “code official”. Commercial Building. For this code, all buildings that are not included in the definition of "Residential Buildings." Conditioned Floor Area. The horizontal projection of the floors associated with the conditioned space. Conditioned Space. An area or room within a building being heated or cooled, con- taining uninsulated ducts, or with a fixed opening directly into an adjacent conditioned space. Crawl Space Wall. The opaque portion of a wall that encloses a crawl space and is partially or totally below grade. Curtain Wall. Fenestration products used to create an external no-load-bearing wall that is designed to separate the exterior and interior environments. Daylight Zone. 1. Under Skylights. The area under skylights whose horizontal dimen- sion, in each direction, is equal to the skylight dimension in that direc- tion plus either the floor-to ceiling height or the dimension to a ceiling height opaque partition, or one-half the distance to adjacent skylights or vertical fenestration, whichever is least. 2. Adjacent To Vertical Fenestration. The area adjacent to vertical fenes- tration which receives daylight through the fenestration. For pur- poses of this definition and unless more detailed analysis is provided, the daylight zone depth is assumed to extend into the space a distance of 15 feet (4572 mm) or to the nearest ceiling height opaque parti- tion, whichever is less. The daylight zone width is assumed to be the width of the window plus 2 feet (610 mm) on each side, or the win- dow width plus the distance to an opaque partition, or the window Book 146 Regular Session, June 6, 2016 221 width plus one-half the distance to adjacent skylight or vertical fenes- tration, whichever is least. Demand Control Ventilation (DCV). A ven- tilation system capability that provides for the automatic reduction of outdoor air intake below design rates when the actual occupancy of spaces served by the system is less than design occu- pancy. Duct. A tube or conduit utilized for convey- ing air. The air passages of self- contained systems are not to be con- strued as air ducts. Duct System. A continuous passageway for the transmission of air that, in addi- tion to ducts, includes duct fittings, dampers, plenums, fans and accessory air-handling equipment and appliances. Dwelling Unit. A single unit providing com- plete independent living facilities for one or more persons, including perma- nent provisions for living, sleeping, eat- ing, cooking and sanitation. Economizer, Air. A duct and damper ar- rangement and automatic control sys- tem that allows a cooling system to supply outside air to reduce or elimi- nate the need for mechanical cooling during mild or cold weather. Economizer, Water. A system where the supply air of a cooling system is cooled indirectly with water that is itself cooled by heat or mass transfer to the envi- ronment without the use of mechanical cooling. Energy Analysis. A method for estimating the annual energy use of the proposed design and standard reference design based on estimates of energy use. Energy Cost. The total estimated annual cost for purchased energy for the build- ing functions regulated by this code, in- cluding applicable demand charges. Energy Recovery Ventilation System. Sys- tems that employ air-to-air heat ex- changers to recover energy from ex- haust air for the purpose of preheating, precooling, humidifying or dehumidify- ing outdoor ventilation air prior to sup- plying the air to a space, either directly or as part of an HVAC system. Energy Simulation Tool. An approved soft- ware program or calculation-based methodology that projects the annual energy use of a building. Entrance Door. Fenestration products used for ingress, egress and access in non- residential buildings, including, but not limited to, exterior entrances that utilize latching hardware and automatic clos- ers and contain over 50-percent glass specifically designed to withstand heavy use and possibly abuse. Exterior Wall. Walls including both above- grade walls and basement walls. F-Factor. The perimeter heat loss factor for slab-on-grade floors (Btu/h x ft x OF) [W/(m x K)]. Fan Brake Horsepower (BHP). The horse- power delivered to the fan's shaft. Brake horsepower does not include the mechanical drive losses (belts, gears, etc.). Fan System BHP. The sum of the fan brake horsepower of all fans that are required to operate at fan system de- sign conditions to supply air from the heating or cooling source to the condi- tioned spacers and return it to the source or exhaust it to the outdoors. Fan System Design Conditions. Operating conditions that can be expected to oc- cur during normal system operation that result in the highest supply fan air- flow rate to conditioned spaces served by the system. Fan System Motor Nameplate HP. The sum of the motor nameplate horse- power of all fans that are required to operate at design conditions to supply air from the heating or cooling source to the conditioned spacers and return it to the source or exhaust it to the out- doors. Fenestration. Skylights, roof windows, ver- tical windows (fixed or moveable), opaque doors, glazed doors, glazed block and combination opaque/glazed doors. Fenestration includes products with glass and nonglass glazing mate- rials. Gambling Facility - Back Of House. Areas of a gambling structure or moored barge and associated hotel, meeting, entertainment or recreation spaces that are only accessible to authorized per- sonnel and not to the general public and guests, such as employee and de- livery entrances, employee lounges and dining areas, administrative offices and meeting rooms, maintenance are- as, storage rooms, service corridors, etc. Gambling Facility - Front Of House. Areas of gambling structure or moored barge and associated hotel, meeting, enter- tainment or recreation spaces that are physically accessible or visible to the general public and guests, such as the exterior facades, landscaping, entries, lobbies, guestroom corridors, porte co- cheres, retail shops, restaurants, thea- ters, gaming areas, guest conference Book 146 Regular Session, June 6, 2016 222 and meeting rooms, other areas of en- tertainment or recreation, etc. Heat Trap. An arrangement of piping and fittings, such as elbows, or a commer- cially available heat trap that prevents thermosyphoning of hot water during standby periods. Heated Slab. Slab-on-grade construction in which the heating elements, hydronic tubing, or hot air distribution system is in contact with, or placed within or un- der, the slab. Humidistat. A regulatory device, actuated by changes in humidity, used for auto- matic control of relative humidity. IDGH-Efficacy Lamps. Compact fluores- cent lamps, T-8 or smaller diameter lin- ear fluorescent lamps, or lamps with a minimum efficacy of: 1. 60 lumens per watt for lamps over 40 watts, 2. 50 lumens per watt for lamps over 15 watts to 40 watts, and 3. 40 lumens per watt for lamps 15 watts or less. Infiltration. The uncontrolled inward air leakage into a building caused by the pressure effects of wind or the effect of differences in the indoor and outdoor air density or both. Insulating Sheathing. An insulating board with a core material having a minimum R-value of R-2. Kitchen Display. A substantially open cook- ing and food preparation facility, locat- ed in the front-of-house dining room/lounge area specifically for the purpose of demonstrating the function of food and drink preparation. Labeled. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing la- boratory, inspection agency or other organization concerned with product evaluation that maintains periodic in- spection of the production of the above- labeled items and whose labeling indi- cates either that the equipment, mate- rial or product meets identified stand- ards or has been tested and found suitable for a specified purpose. Listed. Equipment, materials, products or services included in a list published by an organization acceptable to the code official and concerned with evaluation of products or services that maintains periodic inspection of production of listed equipment or materials or period- ic evaluation of services and whose list- ing states either that the equipment, material, product or service meets iden- tified standards or has been tested and found suitable for a specified purpose. Low-Voltage Lighting. Lighting equipment powered through a transformer such as a cable conductor, a rail conductor and track lighting. Manual. Capable of being operated by per- sonal intervention (see "Automatic"). Nameplate Horsepower. The nominal mo- tor horsepower rating stamped on the motor nameplate. Proposed Design. A description of the pro- posed building used to estimate annual energy use for determining compliance based on total building performance. R-Value (Thermal Resistance). The in- verse of the time rate of heat flow through a body from one of its bound- ing surfaces to the other surface for a unit temperature difference between the two surfaces, under steady state conditions, per unit area (h . ftz °FIBtu) [(m2K)/W]. Readily Accessible. Capable of being reached quickly for operation, renewal or inspection without requiring those to whom ready access is requisite to climb over or remove obstacles or to resort to portable ladders or access equipment (see "Accessible"). Repair. The reconstruction or renewal of any part of an existing building. Residential Building. For this code, in- cludes R-3 buildings, as well as R-2 and R-4 buildings three stories or less in height above grade. Roof Assembly. A system designed to pro- vide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a sin- gle component serving as both the roof covering and the roof deck. A roof as- sembly includes the roof covering, un- derlayment, roof deck, insulation, vapor retarder and interior finish. Screw Lamp Holders. A lamp base that re- quires a screw-in-type lamp, such as a compact-fluorescent, incandescent, or tungsten-halogen bulb. Service Water Heating. Supply of hot water for purposes other than comfort heat- ing. Skylight. Glass or other transparent or translucent glazing material installed at a slope of 15 degrees (0.26 rad) or more from vertical. Glazing material in skylights, including unit skylights, solar- iums, sunrooms, roofs and sloped walls is included in this definition. Sleeping Unit. A room or space in which people sleep, which can also include permanent provisions for living, eating, and either sanitation or kitchen facilities Book 146 Regular Session, June 6, 2016 223 but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. Solar Heat Gain Coefficient (SHGC). The ratio of the solar heat gain entering the space through the fenestration assem- bly to the incident solar radiation. Solar heat gain includes directly transmitted solar heat and absorbed solar radiation which is then reradiated, conducted or convected into the space. Standard Reference Design. A version of the proposed design that meets the minimum requirements of this code and is used to determine the maximum an- nual energy use requirement for com- pliance based on total building perfor- mance. Storefront. A nonresidential system of doors and windows mulled as a com- posite fenestration structure that has been designed to resist heavy use. Storefront systems include, but are not limited to, exterior fenestration systems that span from the floor level or above to the ceiling of the same story on commercial buildings. Sunroom. A one-story structure attached to a dwelling with a glazing area in excess of 40 percent of the gross area of the structure's exterior walls and roof. Thermal Isolation. Physical and space conditioning separation from condi- tioned space(s). The conditioned space(s) shall be controlled as sepa- rate zones for heating and cooling or conditioned by separate equipment. Thermostat. An automatic control device used to maintain temperature at a fixed or adjustable set point. U-Factor (Thermal Transmittance). The coefficient of heat transmission (air to air) through a building component or assembly, equal to the time rate of heat flow per unit area and unit temperature difference between the warm side and cold side airfilms (Btu/h . ft2 . OF) (W/(m2 . K»). Ventilation. The natural or mechanical pro- cess of supplying conditioned or un- conditioned air to, or removing such air from, any space. Ventilation Air. That portion of supply air that comes from outside (outdoors) plus any recirculated air that has been treated to maintain the desired quality of air within a designated space. Zone. A space or group of spaces within a building with heating or cooling re- quirements that are sufficiently similar so that desired conditions can be main- tained throughout using a single con- trolling device. R402.4.1.2 Testing. Deleted. R403.2 Hot Water Boiler Outdoor Temper- ature Setback. Deleted. R403.3.3 Duct Testing (Mandatory). Delet- ed R403.3.5 Building Cavities (Mandatory). Deleted. C501.4 Compliance. Amended to read: C501.4 Compliance. Alterations, repairs, additions and changes of occupancy to, or relocation of, exist- ing buildings and structures shall com- ply with the provisions for alterations, repairs, additions and changes of oc- cupancy or relocation, respectively, in the following International Codes adopted by the City of Dubuque in Title 14, Chapter 1: International Building Code, International Fire Code, Interna- tional Fuel Gas Code, International Mechanical Code, International Plumb- ing Code, International Property Maintenance Code, as well as NFPA 70. Section 3. This Ordinance takes effect July 1, 2016. Passed, approved, and adopted the 6th day of June, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 23-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE E FIRE CODE AND REG- ULATIONS, SECTIONS 14-1E-1 INTERNA- TIONAL FIRE CODE ADOPTED AND 14-1E- 2 INTERNATIONAL FIRE CODE AMEND- MENTS BY REPEALING SUCH SECTIONS AND ENACTING NEW SECTIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNA- TIONAL FIRE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1E-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1E-1 and enacting a new Section 14-1E-1 in lieu thereof as follows: 14-1E-1: INTERNATIONAL FIRE CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, the international fire code, 2015 edition, as promulgated by the International Code Council, is hereby adopted by reference from the effective date hereof. Book 146 Regular Session, June 6, 2016 224 A copy of the international fire code, 2015 edition, is on file at the Fire Headquar- ters for public inspection. Section 2. Section 14-1E-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1E-2 and enacting the following additions, deletions, modifications, or amend- ments of the International Fire Code, 2015 Edition, adopted in Section 14- 1E-1 to read as follows: The following additions, deletions, modifi- cations, or amendments of the interna- tional fire code, 2015 edition, adopted in section 14-1E-1 of this article read as follows: Section 102.6 Historic Buildings. Amended to read: Section 102.6 Historic Buildings. Re- pairs, alterations and additions necessary for the preservation, res- toration, rehabilitation, continued use or change of use of a historic building may be made in compli- ance with the provisions of the uni- form code for building conservation (UCBC) or title 14, chapter 5 of the city of Dubuque code of ordinances. Where, in any specific case, different sections of this code specify differ- ent materials, methods of construc- tion or other requirements, the most restrictive shall govern. Where there is a conflict between a gen- eral requirement and a specific re- quirement, the specific requirement shall be applicable. Wherever in this code reference is made to the appendix, the provi- sions in the appendix shall not ap- ply unless specifically adopted. Section 105 Permits. Amended to read: Section 105 Permits Required. It shall be unlawful for any person, firm or corporation to use a building or premises or engage in any activities for which a permit is required by the code of ordinances without first having obtained such permit. Section 108.1 through 108.3 replaced with City of Dubuque Code of Ordinances Section 14-1A-6. Section 109.3 Notice of Violation. Deleted. Section 202. Definitions. Inclusion of “Code Official”: CODE OFFICIAL. The officer or other des- ignated authority charged with the ad- ministration and enforcement of this code, or a duly authorized representa- tive. Any reference to “OFFICIAL” in this code refers to “CODE OFFICIAL”. Section 308.1.6.3 Sky Lanterns. Amended to read: 308.1.6.3 Sky lanterns. A person shall not release or cause to be released unmanned free floating devices containing an open flame or other heat source, such as but not limited to a sky lantern. Section 311.1.1 Abandoned Premises. Amended to read: 311.1.1 Abandoned premises. Build- ings, structures and premises for which an owner cannot be identified or located by dispatch of a certifi- cate of mailing to the last known or registered address, which persis- tently or repeatedly become unpro- tected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilita- tion in accordance with the Interna- tional Property Maintenance Code and the International Building Code as they are adopted by the City of Dubuque in Title 14, Chapter 1. Section 505 Premises Identification. Amended to read: 505.1 Address identification. New and existing buildings shall be provided with approved address identifica- tion. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address iden- tification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each char- acter shall be not less than 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code of- ficial, address identification shall be provided in additional approved lo- cations to facilitate emergency re- sponse. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address iden- tification shall be maintained. Interior room numbers. New and exist- ing buildings shall have an ap- proved room and suite numbers identification placed in positions that are plainly legible and visible. Numbers shall contrast with their background. Book 146 Regular Session, June 6, 2016 225 505.2 Street or road signs. Streets and roads shall be identified with ap- proved signs. Temporary signs shall be installed at each street in- tersection when construction of new roadways allows passage by vehi- cles. Signs shall be of an approved size, weather resistant and be maintained until replaced by per- manent signs. Section 506.1 Where Required. Amended to read: 506.1 Where required. An approved key box shall be required on all commercial structures that contain off-site monitored fire alarm and/or sprinkler systems or where access to or within a structure or an area is restricted because of secured open- ings. Where immediate access is necessary for life-saving or fire- fighting purposes, the fire code offi- cial is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037, and shall contain keys to gain necessary access as required by the fire code official. Section 609.2 Where Required. Amended to read: 609.2 Where required. A Type I hood shall be installed and maintained at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease va- pors, including but not limited to cooking equipment used in fixed, mobile, or temporary concessions, such as trucks, buses, trailers, pa- vilions, or any form of roofed enclo- sure, as required by the fire code official. Additionally, fuel gas and power pro- vided for such cooking appliances shall be interlocked with the extin- guishing system, as required by Section 904.12.2. Fuel gas contain- ers and piping/hose shall be proper- ly maintained in good working order and in accordance with all applica- ble regulations. Exception: A Type I hood shall not be required for an electric cooking ap- pliance where an approved testing agency provides documentation that the appliance effluent contains 5 mg/m3 or less of grease when tested at an exhaust flow rate of 500 cfm (0.236 m3/s) in accordance with UL 710B. Section 903.3.1.1.1 Exempt Locations. Amended to read: 903.3.1.1.1 Exempt locations. Automat- ic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire de- tection system in accordance with Section 907.2 that will respond to visible or invisible particles of com- bustion. Sprinklers shall not be omitted from a room merely be- cause it is damp, of fire-resistance- rated construction or contains elec- trical equipment. 1. A room where the application of water, or flame and water, con- stitutes a serious life or fire haz- ard. 2. A room or space where sprin- klers are considered undesira- ble because of the nature of the contents, where approved by the fire code official. 3. Generator and transformer rooms separated from the re- mainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire- resistance rating of not less than 2 hours. 4. Rooms or areas that are of non- combustible construction with wholly noncombustible contents. 5. Fire service access elevator ma- chine rooms and machinery spaces. 6. Automatic sprinklers shall not be installed in elevator machine rooms, elevator machine spac- es, and elevator hoistways other than pits where such sprinklers would not necessitate shunt trip requirements under any circum- stances. Storage shall not be al- lowed within the elevator ma- chine room. Signage shall be provided at the entry doors to the elevator machine room indi- cating “ELEVATOR MACHIN- ERY-NO STORAGE AL- LOWED”. Section 1028.5 Access to a Public Way. Amended to read: 1028.5 Access to a public way. The exit discharge pathway shall be paved and provide a direct and unob- structed access to a public way. Exception: Where access to a public way cannot be provided, a safe dis- persal area shall be provided where all of the following are met: Book 146 Regular Session, June 6, 2016 226 1. The area shall be of a size to ac- commodate not less than 5 square feet (0.46 m2) for each person. 2. The area shall be located on the same lot not less than 50 feet (15 240 mm) away from the building requiring egress. 3. The area shall be permanently maintained and identified as a safe dispersal area. 4. The area shall be provided with a safe and unobstructed path of travel from the building. Section 1103.8.1 Where Required. Amended to read: 1103.8.1 Where required. Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with Section 907.2.11. Interconnection and power sources shall be in ac- cordance with Sections 1103.8.2 and 1103.8.3, respectively. Exceptions: 1. Where smoke detectors con- nected to a fire alarm system have been installed as a substitute for smoke alarms. Appendix A – Do Not Adopt Appendix B – Adopt Appendix C – Adopt Appendix D – Adopt Appendix E – Do Not Adopt Appendix F – Do Not Adopt Appendix G – Do Not Adopt Appendix H – Do Not Adopt Appendix I – Do Not Adopt Appendix J – Do Not Adopt Appendix K – Do Not Adopt Appendix L – Do Not Adopt Appendix M – Do Not Adopt Section 3. This Ordinance takes effect July 1, 2016. Passed, approved, and adopted the 6th day of June, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 24-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE G FUEL GAS CODE, SECTIONS 14-1G-1 FUEL GAS CODE ADOPTED AND 14-1G-2 FUEL GAS CODE AMENDMENTS BY REPEALING SUCH SECTIONS AND ENACTING NEW SEC- TIONS IN LIEU THEREOF ADOPTING THE 2015 FUEL GAS CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1G-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1G-1 and enacting a new Section 14-1G-1 in lieu thereof as follows: 14-1G-1: FUEL GAS CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the fuel gas code of the city that certain fuel gas code known as the inter- national fuel gas code, 2015 edition, as pre- pared and edited by the International Code Council (ICC), and the provisions of such fuel gas code shall be controlling for the installa- tion, maintenance and use of fuel gas piping systems, fuel gas utilization equipment, gase- ous hydrogen systems and related accesso- ries within the corporate limits of the city and shall be known as the Dubuque fuel gas code. A copy of the international fuel gas code, 2015 edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14-1G-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1G-2 and enacting the following additions, deletions, modifications, or amendments of the Fuel Gas Code, 2015 Edi- tion, adopted in Section 14-1G-1 to read as follows: 14-1G-2: FUEL GAS CODE AMEND- MENTS: The following additions, deletions, modifi- cations, or amendments of the international fuel gas code, 2015 edition, adopted in section 14-1G-1 of this article to read as follows: Section 108.2 Amended to read: Notice of violation. The code official shall serve a notice of violation or order to the person responsible for the erection, installation, alteration, extension, re- pair, removal or demolition of work in violation of the provisions of this code, or in violation of a detail statement or the approved construction documents thereunder, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the vio- lation. A notice of violation is not required in every situation and city staff may issue a mu- nicipal infraction without previously is- suing a notice of violation. Sections 109.1 through 109.7 replaced with City of Dubuque Code of Ordi- nances Section 14-1F-4. Book 146 Regular Session, June 6, 2016 227 Section 202. General Definitions. Amend- ment to “Building Official” and inclusion of “Code Official”: BUILDING OFFICIAL. See “CODE OFFI- CIAL”. CODE OFFICIAL. The officer or other des- ignated authority charged with the ad- ministration and enforcement of this code, or a duly authorized representa- tive. Any reference to “BUILDING OF- FICIAL” in this code refers to “CODE OFFICIAL”. Section 406.4.1 Test Pressure and 406.4.2 Test Duration are deleted and replaced with the following: The test pressure to be used shall be 15 psi for 15 minutes with a 30 psi gauge maximum one pound increments on all natural and LP fuel gas piping systems of 2 psi or less. For fuel piping systems greater than 2 psi the test pressure shall be 50 psi for 30 minutes with a 100 psi gauge maximum 2 pound in- crements. Appendix A – Adopt Appendix B – Adopt Appendix C – Do Not Adopt Appendix D – Do Not Adopt Section 3. This Ordinance takes effect July 1, 2016. Passed, approved, and adopted the 6th day of June, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 25-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F MECHANICAL CODE, SECTIONS 14-1F-1 INTERNATIONAL ME- CHANICAL CODE ADOPTED AND 14-1F-2 INTERNATIONAL MECHANICAL CODE AMENDMENTS BY REPEALING SUCH SECTIONS AND ENACTING NEW SEC- TIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNATIONAL BUILDING CODE AND BY ADOPTING A NEW SECTION 14- 1F-4 ESTABLISHING THE MECHANICAL AND PLUMBING CODE BOARD AND PROVIDING FOR THE POWERS, OPERA- TION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1F-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1F-1 and enacting a new Section 14-1F-1 in lieu thereof as follows: 14-1F-1: INTERNATIONAL MECHANICAL CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the mechanical code of the city that certain mechanical code known as the international mechanical code, 2015 edition, and the provisions of such mechanical code shall be controlling for the installation, mainte- nance and use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat producing appliances with- in the corporate limits of the city and shall be known as the Dubuque mechanical code. A copy of the international mechanical code, 2015 edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14-1F-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1F-2 and enacting the following additions, deletions, modifications, or amendments of the International Mechanical Code, 2015 Edition, adopted in Section 14-1F- 1 to read as follows: 14-1F-2: INTERNATIONAL MECHANICAL CODE AMENDMENTS: The following additions, deletions, modifi- cations, or amendments of the international mechanical code, 2015 edition, adopted in section 14-1F-1 of this article to read as fol- lows: Section 108 Violations. Amended to read: Section 108. Violations And Penalties. It shall be unlawful for any person, firm, or corporation to erect, con- struct, enlarge, alter, repair, move, improve, remove, convert, or de- molish, equip, use, occupy, or maintain any building or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such un- lawful act is committed, continued or permitted and upon conviction shall be punishable as provided in title 1 of the code of ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of viola- tion. Book 146 Regular Session, June 6, 2016 228 Section 109 Means of Appeal. Amended to read: See City of Dubuque Code of Ordinances Section 14-1F-4. Section 202. Definitions. Amendment to “Building Official” and inclusion of “Code Official”: BUILDING OFFICIAL. See “CODE OFFI- CIAL”. CODE OFFICIAL. The officer or other des- ignated authority charged with the ad- ministration and enforcement of this code, or a duly authorized representa- tive. Any reference to “BUILDING OF- FICIAL” in this code refers to “CODE OFFICIAL”. Section 3. Title 14, Chapter 1, Article F of the City of Dubuque Code of Ordinanc- es is amended by adding the following Section 14-1F-4: 14-1F-4: MECHANICAL AND PLUMBING CODE BOARD: A. Board Created: In order to hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a Mechanical and Plumbing Code Board. The Mechanical and Plumb- ing Code Board shall be appointed by the City Council and shall hold office at its pleasure. B. Membership: The Mechanical and Plumbing Code Board shall consist of seven (7) residents of the city, appointed by the City Council for a term of three (3) years or until such member's successor is appointed and qualified. Vacancies must be filled in the same manner as origi- nal appointments. 1. Special Qualifications. The Me- chanical and Plumbing Code Board shall consist of seven (7) individuals eighteen (18) years of age or older, from each of the following professions or disci- plines: a. Two (2) at-large members; b. Five (5) members who pos- sess a minimum of one of the following requirements: minimum of five (5) years working experience in the plumbing or mechanical trade, hold a state certifica- tion as a mechanical or plumbing contractor, li- censed mechanical or hy- draulic engineer, or any combination thereof. C. Oath: Each person, upon appoint- ment or reappointment to the board, must execute an oath of office at the first meeting of the board follow- ing appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board following the appointment or reappointment. D. Officers/Organization: The board must choose annually a chairper- son and vice-chairperson, each to serve a term of one (1) year. The code official is the secretary of the board. The board must fill a vacan- cy among its officers for the re- mainder of the officer’s unexpired term. E. Compensation: Members serve without compensation, provided that they may receive reimburse- ment for necessary travel and other expenses while on official board business within the limits estab- lished in the city administrative poli- cies and budget. F. Disqualification of Member: A mem- ber shall not hear an appeal in which that member has a personal, professional, or financial interest. G. Application for Appeal: 1. Any person affected by a deci- sion of the code official or a no- tice or order issued under this code shall have the right to ap- peal to the Mechanical and Plumbing Code Board, provided a written application for appeal is filed within twenty (20) days after the day the decision, no- tice, or order was served. 2. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. H. Limitations on Authority (Board Powers): 1. The board has the following powers, duties, and responsibili- ties: a. To advise the city council on all mechanical and plumbing code regulations and proce- dures. b. To serve as an appeal body for the decisions of the code official or the code official’s designee. Book 146 Regular Session, June 6, 2016 229 c. To provide for reasonable in- terpretations of the mechan- ical and plumbing code. The Mechanical and Plumbing Code Board of Appeals does not have the authority to waive the requirements of this code. I. Notice of Meeting: The board shall meet upon notice from the chair- man, within not less than ten (10) days and not more than sixty (60) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. J. Open Hearing: 1. Hearings before the board shall be open to the public and in compliance with the provisions of the Iowa open meetings law. 2. The appellant, the appellant’s representative, the code official, and any person whose interests are affected shall be given an opportunity to be heard. K. Hearing Procedure: 1. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conduct- ed. The procedures shall not re- quire compliance with strict rules of evidence, but shall mandate that only relevant in- formation be received. 2. A quorum shall consist of a min- imum of two-thirds (2/3) of the board membership. 3. Members of the board shall at- tend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that the member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. 4. The code official shall file with the city council a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting. 5. All administrative, personnel, ac- counting, budgetary, and pro- curement policies of the city shall govern the board in its op- erations. 6. Removal: The city council may remove any member for cause upon written charges and after a public hearing. L. Postponed Hearing: Either the city or the appellant may request a post- ponement of a hearing subject to the approval of the code official. In no event may a postponement ex- ceed ninety (90) days beyond the date of the appeal. M. Board Decision on Appeals: The board may, by majority vote, affirm, modify, or reverse the decision of the code official. N. Resolution: The decision of the board shall be by resolution. A writ- ten copy shall be furnished to the appellant and placed in city records. O. Administration: The code official shall take immediate action in ac- cordance with the decision of the board. P. Court Review: Any person, whether or not a previous party to the ap- peal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time re- quired by law following the filing of the decision in the office of the code official chief administrative officer. Q. Stays of Enforcement: Appeals of notice and orders (other than Immi- nent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the ap- peals board. Section 4. The current terms for members of the Mechanical Code Board are converted into terms on the Mechanical and Plumbing Code Board, with the same term expiration. Section 5. This Ordinance takes effect July 1, 2016. Passed, approved, and adopted the 6th day of June, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 26-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES 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 BY REPEALING SUCH Book 146 Regular Session, June 6, 2016 230 SECTIONS AND ENACTING NEW SEC- TIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNATIONAL PLUMBING CODE AND BY REPEALING SECTION 14-1H-7 PLUMBING CODE BOARD AND ENACTING A NEW SECTION 14-1H-7 MECHANICAL AND PLUMBING CODE BOARD PROVIDING FOR THE POWERS, OPERATION, MEM- BERSHIP AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1H-1 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1H-1 and enacting a new Section 14-1H-1 in lieu thereof as follows: 14-1H-1: INTERNATIONAL PLUMBING CODE ADOPTED: Except as hereinafter added to, deleted, modified or amended, there is hereby adopted by reference as the plumbing code of the city that certain plumbing code known as the inter- national plumbing code, 2015 edition, pub- lished by the International Code Council, and the provisions of such plumbing code shall be controlling for the installation, alteration, repair, relocation, replacement, addition to and use or maintenance of plumbing equipment and sys- tems in all matters covered by such plumbing code within the corporate limits of the city and shall be known as the Dubuque plumbing code. A copy of the international plumbing code, 2015 edition, as adopted, shall be on file in the office of the city clerk for public inspec- tion. Section 2. Section 14-1H-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1H-2 and enacting the following additions, deletions, modifications, or amendments of the International Plumbing Code, 2015 Edition, adopted in Section 14-1H- 1 to read as follows: 14-1H-2: INTERNATIONAL PLUMBING CODE AMENDMENTS: The following additions, deletions, modifi- cations, or amendments of the international plumbing code, 2015 edition, adopted in sec- tion 14-1H-1 of this article to read as follows: Section 103.3 Deputies. Amended to read: Sec. 103.3. Deputies. In accordance with prescribed procedures and with the approval of the city man- ager, the building official may ap- point such number of assistants, in- spectors, and other employees as shall be authorized from time to time. Section 103.4 Liability. Amended to read: Sec. 103.4. Liability. The building offi- cial or authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his or her duties, shall not thereby be rendered liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his or her duties. A suit brought against the building official or authorized representative be- cause of such act or omission per- formed by him or her in the en- forcement of any provision of this code shall be defended by legal counsel provided by this jurisdiction until final termination of such pro- ceedings. Section 104.1 General. Amended to read: Sec. 104.1. Administrative Authority. The administrative authority shall be the building official who is duly appointed to enforce this code. Section 104.4 Right of Entry. Amended to read: Sec. 104.4. Right Of Entry. Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the building offi- cial or the building official's author- ized representative has reasonable cause to believe that there exists in any building or upon any premises any condition or violations of this code which make the building or premises unsafe, insanitary, dan- gerous, or hazardous, the building official or the building official's au- thorized representative may enter the building or premises at all rea- sonable times to inspect or to per- form the duties imposed upon the building official by this code, pro- vided that if such building or prem- ises be occupied, the building offi- cial shall present his or her creden- tials to the occupant and request entry. If such building or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused the building official or the building official's au- thorized representative, the building official shall have recourse to every remedy provided by law to secure entry. When the building official or the build- ing official's authorized representa- tive shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or per- son having charge, care, or control Book 146 Regular Session, June 6, 2016 231 of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official or the building offi- cial's authorized representative for the purpose of inspection and ex- amination pursuant to this code. Section 105 Approval. Amended to read: Sec. 105. Brazing And Welding. Braz- ing and welding shall conform to the applicable standards. All brazing on medical gas systems shall be per- formed by certified installers. Section 106.1 When Required. Amended to read: Sec. 106.1. Permits Required. It shall be unlawful for any person, firm, or corporation to make any installa- tion, alteration, repair, replacement, or remodel any plumbing system regulated by this code except as permitted in subsection (b) of this section, or cause the same to be done without first obtaining a sepa- rate plumbing permit for each sepa- rate building or structure. Section 106.2 Exempt Work. Amended to read: Sec. 106.2. Exempt Work. A plumbing permit shall not be required for the following: (1) The clearing of stoppages or re- pairing of leaks in drains, soil, waste, or vent pipes; provided, however, that should any con- cealed trap, drainpipe, soil, waste, or vent pipe be removed and replaced with new material, the same shall be considered as new work and a permit shall be procured and inspection made. (2) The clearing of stoppages or re- pairing of leaks in piping and/or valves when such repairs do not involve or require the replace- ment or rearrangement of piping and/or valves. (3) The replacement of inoperable, broken, or damaged fixtures, faucets, or tanks; provided, however, that replacement items meet the requirements of the Dubuque plumbing code. Section 106.6 Fees. Amended to read: Sec. 106.6. Permit Fees. The fees for each permit shall be as set forth by the city council. Section 106.6.1 Work Commencing Before Permit Issuance. Amended to read: Sec. 106.6.1. Investigation Fees; Work Without A Permit. (1) Investigation. Whenever any work for which a permit is re- quired by this code has been commenced without first obtain- ing said permit, a special inves- tigation shall be made before a permit may be issued for such work. (2) Fee. An investigation fee, in ad- dition to the permit fee, shall be collected whether or not a per- mit is then or subsequently is- sued. The investigation fee shall be equal to the amount of the permit fee that would be re- quired by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provi- sions of this code nor from any penalty prescribed by law. Section 106.6.3 Fee Refunds. Amended to read: Sec. 106.6.3. Fee Refunds. (1) The building official may author- ize the refunding of any fee paid hereunder which was errone- ously paid or collected. (2) The building official may author- ize the refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. (3) The building official may author- ize the refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan review effort has been expended. Section 107.1 General. Amended to read: Sec. 107.1. Testing Of Plumbing Work. (a) Inspections. (1) Scope. All new plumbing work and such portions of existing systems as may be affected by new work, or any changes, shall be inspected by the building of- ficial or a duly authorized repre- sentative as required in this code. (2) Responsibility. It shall be the du- ty of the holder of a permit to make sure that the work will stand the test prescribed before notifying the building official that said work is ready for inspec- tion. Book 146 Regular Session, June 6, 2016 232 (3) Test. Tests shall be conducted in the presence of the building official or a duly authorized rep- resentative. (4) Retesting. If the building official finds that the work will not pass the required test, necessary cor- rections shall be made and the work shall then be resubmitted for test or inspection. (b) Testing. (1) Responsibility. The equipment, material, and labor necessary for inspection or tests shall be furnished by the person to whom the permit is issued or by whom inspection is requested. (2) Media. The piping of the plumb- ing, drainage, and venting sys- tems shall be tested with water or air. The building official may require the removal of any cleanouts, etc., to ascertain if the pressure has reached all parts of the system. After the plumbing fixtures have been set and their traps filled with water, they shall be submitted to a final test. (3) Water Test. The water test shall be applied to the drainage and vent system either in its entirety or in sections. If applied to the entire system, all openings in the piping system shall be tightly closed, except the highest open- ing, and the system filled with water to the point of overflow. If the system is tested in sections, each opening shall be tightly plugged except the highest opening of the section under test, and each section shall be filled with water, but no section shall be tested with less than a ten-foot (3 m) head of water. In testing successive sections, at least the upper ten (10) feet (3 m) of the next preceding sec- tion shall be tested, so that no joint or pipe in the building (ex- cept the uppermost ten (10) feet (3 m) of the system) shall have been submitted to a test of less than a ten-foot (3 m) head of water. The water shall be kept in the system, or in the portion un- der test, for at least fifteen (15) minutes before inspection starts. The system shall then be tight at all points. (4) Air Test. The air test shall be made by attaching an air com- pressor testing apparatus to any suitable opening, and, after closing all other inlets and out- lets to the system, forcing air in- to the system until there is a uni- form gauge pressure of five (5) pounds per square inch (34.5 kPa) or sufficient to bal- ance a column of mercury ten (10) inches (254 mm) in height. The pressure shall be held with- out introduction of additional air for a period of at least fifteen (15) minutes. (5) Building Sewer Test. The build- ing sewer shall be inspected and approved by the building of- ficial before being concealed. Neither the building official nor the city shall be liable for ex- pense entailed in the removal or replacement of material required to permit inspection. (6) Water Piping. Upon completion of a section or of the entire hot and cold water supply system, it shall be tested and proved tight under a water pressure test not less than the working pressure under which it is to be used. The water used for test shall be ob- tained from a potable source of supply. A fifty (50) pounds per square inch (344.5 kPa) air pressure may be substituted for the water test. In either method of test, the piping shall with- stand the test without leaking for a period of not less than fifteen (15) minutes. (7) Defective Systems. An air test shall be used in testing the sani- tary condition of the drainage or plumbing system of any building premises when there is reason to believe that it has become defective. (8) Moved Structures. All parts of the plumbing systems of any building or structure that is moved into or within the jurisdic- tional limits of the city, shall be completely tested as prescribed elsewhere in this section for new work, except that walls or floors need not be removed for such test when other equivalent means of inspection acceptable to the building official are pro- vided. (9) Test Waived. No test or inspec- tion shall be required where a plumbing system, or part there- Book 146 Regular Session, June 6, 2016 233 of, is set up for exhibition pur- poses and has no connection with a water or drainage system. (10) Exceptions. In cases where it would be impractical to provide the aforementioned water or air tests, or for minor installations and repairs, the building official, at the building official's discre- tion, may make such inspection as the building official deems advisable in order to assure the building official that the work has been performed in accord- ance with the intent of this code. (11) Tests For Shower Receptors. Shower receptors shall be test- ed for water tightness by filling with water to the level of the rough threshold. The test plug shall be so placed that both up- per and under sides of the sub- pan shall be subjected to the test at the point where it is clamped to the drain. (12) Protectively coated pipe in- spection and repair shall con- form to section 318.1 of IAMP- MO installation standard IS 13, listed in table A. Section 108.2 Notice of Violation. Amend- ed to read: The code official shall serve a notice of vio- lation or order to the person responsible for the erection, installation, alteration, extension, repair, removal or demolition of plumbing work in violation of the provisions of this code, or in violation of a detail statement or the approved construction documents thereunder, or in vio- lation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or con- dition and the abatement of the violation. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of violation. Section 108.3 Prosecution of Violation. Amended to read: Sec. 108.3. Prosecution Of Violation. If the notice of violation is not com- plied with promptly, the building of- ficial shall request the city attorney's office to institute the appropriate proceeding at law or in equity to re- strain, correct or abate such viola- tion, or to require the removal or termination of the unlawful occu- pancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Section 108.4 Violation Penalties. Amend- ed to read: Sec. 108.4. Violation And Penalties. The doing of any act, or the omis- sion of any act, declared to be un- lawful by this code, or any code or ordinance herein adopted by refer- ence shall be deemed a separate offense for each and every day or portion thereof during which any such unlawful act is committed, continued, or permitted and upon conviction shall be punishable as provided in title 1, chapter 4 of the code of ordinances. The penalty herein provided shall be cumulative with and in addition to the revoca- tion, cancellation, or forfeiture of any license or permit elsewhere in this code provided for violation thereof. Section 108.7.1 Authority to Condemn Equipment. Amended to read: Sec. 108.7.1. Authority To Condemn Equipment. Whenever the building official ascertains that any plumb- ing, or portion thereof, regulated by this code has become hazardous to life, health, property, or has become insanitary, the building official shall order in writing that such plumbing either be removed or restored to a safe or sanitary condition, as ap- propriate. The written notice itself shall fix a time limit for compliance with such order. No person shall use or maintain defective plumbing after receiving such notice. When such plumbing is to be discon- nected, written notice as prescribed in section 108.7.2 shall be given. In cases of immediate danger to life or property, such disconnection may be made immediately without such notice. Section 108.7.2 Authority to Disconnect Service Utilities. Amended to read: Sec. 108.7.2. Authority To Order Dis- connection Of Utilities. The building official or the building official's au- thorized representative shall have the authority to order disconnection of any plumbing supplied to a build- ing, structure, or equipment regu- lated by this code when the building official determines that the equip- ment or any portion thereof has be- come hazardous or insanitary. Writ- ten notice of such order to discon- nect service and the causes there- for shall be given within twenty-four (24) hours to the owner and occu- pant of such building, structure, or Book 146 Regular Session, June 6, 2016 234 premises. However, in cases of immediate danger to life or proper- ty, such disconnection may be made immediately without such no- tice. The building official shall im- mediately notify the serving utility in writing of such order to disconnect. Section 108.7.3 Connection after Order to Disconnect. Amended to read: Sec. 108.7.3. Connection From Order To Disconnect. No person shall make connections from any energy, fuel, power supply, or water distri- bution system nor supply energy, fuel, or water to any equipment regulated by this code which has been disconnected or ordered to be disconnected by the building official or the use of which has been or- dered to be discontinued by the building official until the building of- ficial authorizes the reconnection and use of such equipment. When any plumbing is maintained in violation of this code, and in viola- tion of any notice issued pursuant to the provisions of this section, the building official may consult with the city attorney's office to institute any appropriate action to prevent, re- strain, correct, or abate the viola- tion. Section 109.1 through 109.7 replaced with City of Dubuque Code of Ordi- nances Section 14-1H-7. Section 202 General Definitions. Amended to read: Sec. 202. General Definitions. Accepted Engineering Practice. That which conforms to accepted princi- ples, tests or standards of nationally recognized technical or scientific authorities. Access (To). That which enables a fix- ture, appliance or equipment to be reached by ready access or by a means that first requires the re- moval or movement of a panel, door or similar obstruction (see "Ready Access"). Access Cover. A removable plate, usu- ally secured by bolts or screws, to permit access to a pipe or pipe fit- ting for the purposes of inspection, repair or cleaning. Adapter Fitting. An approved connect- ing device that suitably and properly joins or adjusts pipes and fittings which do not otherwise fit together. Air Admittance Valve. One-way valve designed to allow air to enter the plumbing drainage system when negative pressures develop in the piping system. The device shall close by gravity and seal the vent terminal at zero differential pressure (no flow conditions) and under posi- tive internal pressures. The purpose of an air admittance valve is to pro- vide a method of allowing air to en- ter the plumbing drainage system without the use of a vent extended to open air and to prevent sewer gases from escaping into a building. Air Break (Drainage System). A piping arrangement in which a drain from a fixture, appliance or device dis- charges indirectly into another fix- ture, receptacle or interceptor at a point below the flood level rim and above the trap seal. Air Gap (Drainage System). The unob- structed vertical distance through the free atmosphere between the outlet of the waste pipe and the flood level rim of the receptacle into which the waste pipe is discharging. Air Gap (Water Distribution System). The unobstructed vertical distance through the free atmosphere be- tween the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture or other de- vice and the flood level rim of the receptacle. Alternative Engineered Design. A plumbing system that performs in accordance with the intent of chap- ters 3 through 12 and provides an equivalent level of performance for the protection of public health, safe- ty and welfare. The system design is not specifically regulated by chapters 3 through 12. Anchors. See "Supports." Antisiphon. A term applied to valves or mechanical devices that eliminate siphonage. Approved. Acceptable to the code offi- cial or other authority having juris- diction. Approved Agency. An established and recognized agency approved by the code official and that is regularly engaged in conducting tests or fur- nishing inspection services. Approved Qualified Welder. A person who specializes in welding of pipes and holds a valid certificate of com- petency from a recognized testing laboratory, based on the require- ments of the A.S.M.E. boiler and pressure vessels code, section IX or as approved by the administra- tive authority's testing procedures. Book 146 Regular Session, June 6, 2016 235 Area Drain. A receptacle designed to collect surface or storm water from an open area. Aspirator. A fitting or device supplied with water or other fluid under posi- tive pressure that passes through an integral orifice or constriction, causing a vacuum. Aspirators are also referred to as suction appa- ratus, and are similar in operation to an ejector. Backflow. Pressure created by any means in the water distribution sys- tem, which by being in excess of the pressure in the water supply mains causes a potential backflow condition. Backpressure, Low Head. A pressure less than or equal to 4.33 psi (29.88 kPa) or the pressure exerted by a 10-foot (3048 mm) column of water. Backsiphonage. The backflow of poten- tially contaminated water into the potable water system as a result of the pressure in the potable water system falling below atmospheric pressure of the plumbing fixtures, pools, tanks or vats connected to the potable water distribution pip- ing. Backwater Valve. A device or valve in- stalled in the building drain or sewer pipe where a sewer is subject to backflow, and which prevents drainage or waste from backing up into a low level or fixtures and caus- ing a flooding condition. Drainage. A reversal of flow in the drainage system. Water Supply System. The flow of wa- ter or other liquids, mixtures or sub- stances into the distribution pipes of a potable water supply from any source except the intended source. Backflow Connection. Any arrangement whereby backflow is possible. Backflow Preventer. A device or means to prevent backflow. Ball Cock. See "Fill Valve." Base Flood Elevation. A reference point, determined in accordance with the building code, based on the depth or peak elevation of flooding, including wave height, which has a 1 percent (100-year flood) or great- er chance of occurring in any given year. Bathroom Group. A group of fixtures consisting of a water closet, lavato- ry, bathtub or shower, including or excluding a bidet, an emergency floor drain or both. Such fixtures are located together on the same floor level. Bedpan Steamer Or Boiler. A fixture utilized for scalding bedpans or uri- nals by direct application of steam or boiling water. Bedpan Washer And Sterilizer. A fix- ture designed to wash bedpans and to flush the contents into the sani- tary drainage system. Included are fixtures of this type that provide for disinfecting utensils by scalding with steam or hot water. Bedpan Washer Hose. A device sup- plied with hot and cold water and located adjacent to a water closet or clinical sink to be utilized for cleansing bedpans. Branch. Any part of the piping system except a riser, main or stack. Branch Interval. A vertical measure- ment of distance, 8 feet (2438 mm) or more in developed length, be- tween the connections of horizontal branches to a drainage stack. Measurements are taken down the stack from the highest horizontal branch connection. Branch Vent. A vent connecting one or more individual vents with a vent stack or stack vent. Building. Any structure occupied or in- tended for supporting or sheltering any occupancy. Building Drain. That part of the lowest piping of a drainage system that re- ceives the discharge from soil, waste and other drainage pipes in- side and that extends 30 inches (762 mm) in developed length of pipe beyond the exterior walls of the building and conveys the drain- age to the building sewer. Combined. A building drain that con- veys both sewage and storm water or other drainage. Sanitary. A building drain that conveys sewage only. Storm. A building drain that conveys storm water or other drainage, but not sewage. Building Official. See “Code Official”. Building Sewer. That part of the drain- age system that extends from the end of the building drain and con- veys the discharge to a public sew- er, private sewer, individual sewage disposal system or other point of disposal. Combined. A building sewer that con- veys both sewage and storm water or other drainage. Book 146 Regular Session, June 6, 2016 236 Sanitary. A building sewer that conveys sewage only. Storm. A building sewer that conveys storm water or other drainage, but not sewage. Building Subdrain. That portion of a drainage system that does not drain by gravity into the building sewer. Building Trap. A device, fitting or as- sembly of fittings installed in the building drain to prevent circulation of air between the drainage system of the building and the building sewer. Circuit Vent. A vent that connects to a horizontal drainage branch and vents two traps to a maximum of eight traps or trapped fixtures con- nected into a battery. Cistern. A small covered tank for stor- ing water for a home or farm. Gen- erally, this tank stores rainwater to be utilized for purposes other than in the potable water supply, and such tank is placed underground in most cases. Cleanout. An access opening in the drainage system utilized for the re- moval of obstructions. Types of cleanouts include a removable plug or cap, and a removable fixture or fixture trap. Code. These regulations, subsequent amendments thereto, or any emer- gency rule or regulation that the administrative authority having ju- risdiction has lawfully adopted. Code Official. The officer or other des- ignated authority charged with the administration and enforcement of this code, or a duly authorized rep- resentative. Any reference to “BUILDING OFFICIAL” in this code refers to “CODE OFFICIAL”. Combination Fixture. A fixture combin- ing one sink and laundry tray or a two- or three-compartment sink or laundry tray in one unit. Combination Waste And Vent System. A specially designed system of waste piping embodying the hori- zontal wet venting of one or more sinks or floor drains by means of a common waste and vent pipe ade- quately sized to provide free movement of air above the flow line of the drain. Combined Building Drain. See "Building Drain, Combined." Combined Building Sewer. See "Build- ing Sewer, Combined." Common Vent. A vent connecting at the junction of two fixture drains or to a fixture branch and serving as a vent for both fixtures. Concealed Fouling Surface. Any sur- face of a plumbing fixture which is not readily visible and is not scoured or cleansed with each fix- ture operation. Conductor. A pipe inside the building that conveys storm water from the roof to a storm or combined building drain. Construction Documents. All of the writ- ten, graphic and pictorial docu- ments prepared or assembled for describing the design, location and physical characteristics of the ele- ments of the project necessary for obtaining a building permit. The construction drawings shall be drawn to an appropriate scale. Contamination. An impairment of the quality of the potable water that creates an actual hazard to the public health through poisoning or through the spread of disease by sewage, industrial fluids or waste. Critical Level (C-L). An elevation (height) reference point that deter- mines the minimum height at which a backflow preventer or vacuum breaker is installed above the flood level rim of the fixture or receptor served by the device. The critical level is the elevation level below which there is a potential for back- flow to occur. If the critical level marking is not indicated on the de- vice, the bottom of the device shall constitute the critical level. Cross Connection. Any physical con- nection or arrangement between two otherwise separate piping sys- tems, one of which contains potable water and the other either water of unknown or questionable safety or steam, gas or chemical, whereby there exists the possibility for flow from one system to the other, with the direction of flow depending on the pressure differential between the two systems (see "Backflow"). Dead End. A branch leading from a soil, waste or vent pipe; a building drain; or a building sewer, and ter- minating at a developed length of 2 feet (610 mm) or more by means of a plug, cap or other closed fitting. Depth Of Water Seal. The depth of wa- ter that would have to be removed from a full trap before air could pass through the trap. Design Flood Elevation. The elevation of the "design flood," including wave Book 146 Regular Session, June 6, 2016 237 height, relative to the datum speci- fied on the community's legally des- ignated flood hazard map. Developed Length. The length of a pipeline measured along the center- line of the pipe and fittings. Discharge Pipe. A pipe that conveys the discharges from plumbing fix- tures or appliances. Drain. Any pipe that carries wastewater or water-borne wastes in a building drainage system. Drainage Fittings. Type of fitting or fit- tings utilized in the drainage sys- tem. Drainage fittings are similar to cast-iron fittings, except that instead of having a bell and spigot, drain- age fittings are recessed and tapped to eliminate ridges on the inside of the installed pipe. Drainage Fixture Unit. Drainage (dfu). A measure of the prob- able discharge into the drainage system by various types of plumb- ing fixtures. The drainage fixture- unit value for a particular fixture de- pends on its volume rate of drain- age discharge, on the time duration of a single drainage operation and on the average time between suc- cessive operations. Drainage System. Piping within a public or private premises that conveys sewage, rainwater or other liquid wastes to a point of disposal. A drainage system does not include the mains of a public sewer system or a private or public sewage treat- ment or disposal plant. Building Gravity. A drainage system that drains by gravity into the build- ing sewer. Sanitary. A drainage system that car- ries sewage and excludes storm, surface and ground water. Storm. A drainage system that carries rainwater, surface water, subsur- face water and similar liquid wastes. Effective Opening. The minimum cross- sectional area at the point of water supply discharge, measured or ex- pressed in terms of the diameter of a circle or, if the opening is not cir- cular, the diameter of a circle of equivalent cross-sectional area. For faucets and similar fittings, the ef- fective opening shall be measured at the smallest orifice in the fitting body or in the supply piping to the fitting. Emergency Floor Drain. A floor drain that does not receive the discharge of any drain or indirect waste pipe, and that protects against damage from accidental spills, fixture over- flows and leakage. Essentially Nontoxic Transfer Fluids. Fluids having a Gosselin rating of 1, including propylene glycol; mineral oil; polydimethylsiloxane; hydro- chlorofluoro-carbon, chlorofluoro- carbon and carbon refrigerants; and FDA-approved boiler water addi- tives for steam boilers. Essentially Toxic Transfer Fluids. Soil, waste or gray water and fluids hav- ing a Gosselin rating of 2 or more including ethylene glycol, hydrocar- bon oils, ammonia refrigerants and hydrazine. Existing Installations. Any plumbing system regulated by this code that was legally installed prior to the ef- fective date of this code, or for which a permit to install has been issued. Faucet. A valve end of a water pipe through which water is drawn from or held within the pipe. Fill Valve. A water supply valve, opened or closed by means of a float or similar device, utilized to supply water to a tank. An an- tisiphon fill valve contains an an- tisiphon device in the form of an approved air gap or vacuum break- er that is an integral part of the fill valve unit and that is positioned on the discharge side of the water supply control valve. Fixture. See "Plumbing Fixture." Fixture Branch. A drain serving two or more fixtures that discharges to an- other drain or to a stack. Fixture Drain. The drain from the trap of a fixture to a junction with any other drain pipe. Fixture Fitting. Supply Fitting. A fitting that controls the volume and/or directional flow of water and is either attached to or accessible from a fixture, or is used with an open or atmospheric dis- charge. Waste Fitting. A combination of com- ponents that conveys the sanitary waste from the outlet of a fixture to the connection to the sanitary drainage system. Fixture Supply. The water supply pipe connecting a fixture to a branch wa- ter supply pipe or directly to a main water supply pipe. Flood Hazard Area. The greater of the following two areas: Book 146 Regular Session, June 6, 2016 238 1. The area within a flood plain sub- ject to a 1-percent or greater chance of flooding in any given year. 2. The area designated as a flood hazard area on a community's flood hazard map or as other- wise legally designated. Flood Level Rim. The edge of the re- ceptacle from which water over- flows. Flow Control (Vented). A device in- stalled upstream from the intercep- tor having an orifice that controls the rate of flow through the inter- ceptor and an air intake (vent) downstream from the orifice that al- lows air to be drawn into the flow stream. Flow Pressure. The pressure in the wa- ter supply pipe near the faucet or water outlet while the faucet or wa- ter outlet is wide open and flowing. Flush Tank. A tank designed with a fill valve and flush valve to flush the contents of the bowl or usable por- tion of the fixture. Flushometer Tank. A device integrated within an air accumulator vessel that is designed to discharge a pre- determined quantity of water to fix- tures for flushing purposes. Flushometer Valve. A valve attached to a pressurized water supply pipe and so designed that when activat- ed it opens the line for direct flow into the fixture at a rate and quantity to operate the fixture properly, and then gradually closes to reseal fix- ture traps and avoid water hammer. Grease Interceptor. A plumbing appur- tenance that is installed in a sani- tary drainage system to intercept oily and greasy wastes from a wastewater discharge. Such device has the ability to intercept free- floating fats and oils. Grease Laden Waste. Effluent dis- charge that is produced from food processing, food preparation or other sources where grease, fats and oils enter automatic dishwater prerinse stations, sinks or other ap- purtenances. Grease Removal Device, Automatic (GRD). A plumbing appurtenance that is installed in the sanitary drainage system to intercept free- floating fats, oils and grease from wastewater discharge. Such a de- vice operates on a time- or event- controlled basis and has the ability to remove free-floating fats, oils and grease automatically without inter- vention from the user except for maintenance. Gridded Water Distribution System. A water distribution system where every water distribution pipe is in- terconnected so as to provide two or more paths to each fixture supply pipe. Hangers. See "Supports." Horizontal Branch Drain. A drainage branch pipe extending laterally from a soil or waste stack or building drain, with or without vertical sec- tions or branches, that receives the discharge from two or more fixture drains or branches and conducts the discharge to the soil or waste stack or to the building drain. Horizontal Pipe. Any pipe or fitting that makes an angle of less than 45 de- grees (0.79 rad) with the horizontal. Hot Water. Water at a temperature greater than or equal to 110°F (43°C). House Trap. See "Building Trap." Indirect Waste Pipe. A waste pipe that does not connect directly with the drainage system, but that discharg- es into the drainage system through an air break or air gap into a trap, fixture, receptor or interceptor. Individual Sewage Disposal System. A system for disposal of domestic sewage by means of a septic tank, cesspool or mechanical treatment, designed for utilization apart from a public sewer to serve a single es- tablishment or building. Individual Vent. A pipe installed to vent a fixture trap and connects with the vent system above the fixture served or terminates in the open air. Individual Water Supply. A water sup- ply that serves one or more fami- lies, and that is not an approved public water supply. Interceptor. A device designed and in- stalled to separate and retain for removal, by automatic or manual means, deleterious, hazardous or undesirable matter from normal wastes, while permitting normal sewage or wastes to discharge into the drainage system by gravity. Joint. Expansion. A loop, return bend or re- turn offset that provides for the ex- pansion and contraction in a piping system and is utilized in tall build- ings or where there is a rapid change of temperature, as in power Book 146 Regular Session, June 6, 2016 239 plants, steam rooms and similar oc- cupancies. Flexible. Any joint between two pipes that permits one pipe to be deflect- ed or moved without movement or deflection of the other pipe. Mechanical. See "Mechanical Joint." Slip. A type of joint made by means of a washer or a special type of pack- ing compound in which one pipe is slipped into the end of an adjacent pipe. Lead-Free Pipe And Fittings. Contain- ing not more than 8.0-percent lead. Lead-Free Solder And Flux. Containing not more than 0.2-percent lead. Leader. An exterior drainage pipe for conveying storm water from roof or gutter drains to an approved means of disposal. Local Vent Stack. A vertical pipe to which connections are made from the fixture side of traps and through which vapor or foul air is removed from the fixture or device utilized on bedpan washers. Macerating Toilet Systems. An assem- bly consisting of a water closet and sump with a macerating pump that is designed to collect, grind and pump wastes from the water closet and up to two other fixtures con- nected to the sump. Main. The principal pipe artery to which branches are connected. Manifold. See "Plumbing Appurte- nance." Mechanical Joint. A connection be- tween pipes, fittings, or pipes and fittings that is not screwed, caulked, threaded, soldered, solvent ce- mented, brazed or welded. A joint in which compression is applied along the centerline of the pieces being joined. In some applications, the joint is part of a coupling, fitting or adapter. Medical Gas System. The complete system to convey medical gases for direct patient application from cen- tral supply systems (bulk tanks, manifolds and medical air compres- sors), with pressure and operating controls, alarm warning systems, related components and piping networks extending to station outlet valves at patient use points. Medical Vacuum Systems. A system consisting of central-vacuum- producing equipment with pressure and operating controls, shutoff valves, alarm-warning systems, gauges and a network of piping ex- tending to and terminating with suitable station inlets at locations where patient suction may be re- quired. Nonpotable Water. Water not safe for drinking, personal or culinary utiliza- tion. Nuisance. Public nuisance as known in common law or in equity jurispru- dence; whatever is dangerous to human life or detrimental to health; whatever structure or premises is not sufficiently ventilated, sewered, drained, cleaned or lighted, with re- spect to its intended occupancy; and whatever renders the air, or human food, drink or water supply unwholesome. Occupancy. The purpose for which a building or portion thereof is utilized or occupied. Offset. A combination of approved bends that makes two changes in direction bringing one section of the pipe out of line but into a line paral- lel with the other section. Open Air. Outside the structure. Pipe Welder. A person who specializes in welding of pipes and holds a val- id certificate of competency from a recognized testing laboratory, based on the requirements of the A.S.M.E. boiler and pressure ves- sels code, section IX or as ap- proved by the administrative author- ity's testing procedures. Plumbing. The practice, materials and fixtures utilized in the installation, maintenance, extension and altera- tion of all piping, fixtures, plumbing appliances and plumbing appurte- nances, within or adjacent to any structure, in connection with sani- tary drainage or storm drainage fa- cilities; venting systems; and public or private water supply systems. Plumbing Appliance. Anyone of a spe- cial class of plumbing fixtures in- tended to perform a special func- tion. Included are fixtures having the operation or control dependent on one or more energized compo- nents, such as motors, controls, heating elements, or pressure- or temperature-sensing elements. Such fixtures are manually adjusted or controlled by the owner or opera- tor, or are operated automatically through one or more of the follow- ing actions: a time cycle, a tem- perature range, a pressure range, a measured volume or weight. Book 146 Regular Session, June 6, 2016 240 Plumbing Appurtenance. A manufac- tured device, prefabricated assem- bly or an on-the-job assembly of component parts that is an adjunct to the basic piping system and plumbing fixtures. An appurtenance demands no additional water supply and does not add any discharge load to a fixture or to the drainage system. Plumbing Fixture. A receptacle or de- vice that is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water therefrom; discharges wastewater, liquid-borne waste materials or sewage either directly or indirectly to the drainage system of the prem- ises; or requires both a water sup- ply connection and a discharge to the drainage system of the premis- es. Plumbing System. Includes the water supply and distribution pipes; plumbing fixtures and traps; water- treating or water-using equipment; soil, waste and vent pipes; and san- itary and storm sewers and building drains; in addition to their respec- tive connections, devices and ap- purtenances within a structure or premises. Pollution. An impairment of the quality of the potable water to a degree that does not create a hazard to the public health but that does adverse- ly and unreasonably affect the aes- thetic qualities of such potable wa- ter for domestic use. Potable Water. Water free from impuri- ties present in amounts sufficient to cause disease or harmful physio- logical effects and conforming to the bacteriological and chemical quality requirements of the public health service drinking water stand- ards or the regulations of the public health authority having jurisdiction. Private. In the classification of plumbing fixtures, "private" applies to fixtures in residences and apartments, and to fixtures in nonpublic toilet rooms of hotels and motels and similar in- stallations in buildings where the plumbing fixtures are intended for utilization by a family or an individ- ual. Public Or Public Utilization. In the clas- sification of plumbing fixtures, "pub- lic" applies to fixtures in general toi- let rooms of schools, gymnasiums, hotels, airports, bus and railroad stations, public buildings, bars, pub- lic comfort stations, office buildings, stadiums, stores, restaurants and other installations where a number of fixtures are installed so that their utilization is similarly unrestricted. Public Water Main. A water supply pipe for public utilization controlled by public authority. Quick-Closing Valve. A valve or faucet that closes automatically when re- leased manually or that is controlled by a mechanical means for fast- action closing. Ready Access. That which enables a fixture, appliance or equipment to be directly reached without requir- ing the removal or movement of any panel, door or similar obstruction and without the use of a portable ladder, step stool or similar device. Reduced Pressure Principle Backflow Preventer. A backflow prevention device consisting of two inde- pendently acting check valves, in- ternally force-loaded to a normally closed position and separated by an intermediate chamber (or zone) in which there is an automatic relief means of venting to the atmos- phere, internally loaded to a nor- mally open position between two tightly closing shutoff valves and with a means for testing for tight- ness of the checks and opening of the relief means. Registered Design Professional. An in- dividual who is registered or li- censed to practice professional ar- chitecture or engineering as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the pro- ject is to be constructed. Relief Valve. Pressure Relief Valve. A pressure- actuated valve held closed by a spring or other means and de- signed to relieve pressure automat- ically at the pressure at which such valve is set. Temperature And Pressure Relief (T&P) Valve. A combination relief valve designed to function as both a temperature relief and a pressure relief valve. Temperature Relief Valve. A tempera- ture-actuated valve designed to discharge automatically at the tem- perature at which such valve is set. Relief Vent. A vent whose primary func- tion is to provide circulation of air Book 146 Regular Session, June 6, 2016 241 between drainage and vent sys- tems. Rim. An unobstructed open edge of a fixture. Riser. See "Water Pipe, Riser." Roof Drain. A drain installed to receive water collecting on the surface of a roof and to discharge such water in- to a leader or a conductor. Rough-In. Parts of the plumbing system that are installed prior to the instal- lation of fixtures. This includes drainage, water supply, vent piping and the necessary fixture supports and any fixtures that are built into the structure. Self-Closing Faucet. A faucet contain- ing a valve that automatically closes upon deactivation of the opening means. Separator. See "Interceptor." Sewage. Any liquid waste containing animal or vegetable matter in sus- pension or solution, including liq- uids containing chemicals in solu- tion. Sewage Ejectors. A device for lifting sewage by entraining the sewage in a high-velocity jet of steam, air or water. Sewer. Building Sewer. See "Building Sewer." Public Sewer. A common sewer directly controlled by public authority. Sanitary Sewer. A sewer that carries sewage and excludes storm, sur- face and ground water. Storm Sewer. A sewer that conveys rainwater, surface water, subsur- face water and similar liquid wastes. Slope. The fall (pitch) of a line of pipe in reference to a horizontal plane. In drainage, the slope is expressed as the fall in units vertical per units horizontal (percent) for a length of pipe. Soil Pipe. A pipe that conveys sewage containing fecal matter to the build- ing drain or building sewer. Spill proof Vacuum Breaker. An as- sembly consisting of one check valve force-loaded closed and an air-inlet vent valve force-loaded open to atmosphere, positioned downstream of the check valve, and located between and including two tightly closing shutoff valves and a test cock. Stack. A general term for any vertical line of soil, waste, vent or inside conductor piping that extends through at least one story with or without offsets. Stack Vent. The extension of a soil or waste stack above the highest hori- zontal drain connected to the stack. Stack Venting. A method of venting a fixture or fixtures through the soil or waste stack. Sterilizer. Boiling Type. A boiling-type sterilizer is a fixture of a nonpressure type uti- lized for boiling instruments, uten- sils or other equipment for disinfec- tion. These devices are portable or are connected to the plumbing sys- tem. Instrument. A device for the sterilization of various instruments. Pressure (Autoclave). A pressure ves- sel fixture designed to utilize steam under pressure for sterilizing. Pressure Instrument Washer Sterilizer. A pressure instrument washer steri- lizer is a pressure vessel fixture de- signed to both wash and sterilize instruments during the operating cycle of the fixture. Utensil. A device for the sterilization of utensils as utilized in health care services. Water. A water sterilizer is a device for sterilizing water and storing sterile water. Sterilizer Vent. A separate pipe or stack, indirectly connected to the building drainage system at the lower terminal, that receives the vapors from nonpressure sterilizers, or the exhaust vapors from pres- sure sterilizers, and conducts the vapors directly to the open air. Also called vapor, steam, atmospheric or exhaust vent. Storm Drain. See "Drainage System, Storm." Structure. That which is built or con- structed or a portion thereof. Subsoil Drain. A drain that collects subsurface water or seepage water and conveys such water to a place of disposal. Sump. A tank or pit that receives sew- age or liquid waste, located below the normal grade of the gravity sys- tem and that must be emptied by mechanical means. Sump Pump. An automatic water pump powered by an electric motor for the removal of drainage, except raw sewage, from a sump, pit or low point. Sump Vent. A vent from pneumatic sewage ejectors, or similar equip- Book 146 Regular Session, June 6, 2016 242 ment, that terminates separately to the open air. Supports. Devices for supporting and securing pipe, fixtures and equip- ment. Swimming Pool. Any structure, basin, chamber or tank containing an arti- ficial body of water for swimming, diving or recreational bathing hav- ing a depth of 2 feet (610 mm) or more at any point. Tempered Water. Water having a tem- perature range between 85°F (29°C) and 110°F (43°C). Third-Party Certification Agency. An approved agency operating a prod- uct or material certification system that incorporates initial product test- ing, assessment and surveillance of a manufacturer's quality control sys- tem. Third-Party Certified. Certification ob- tained by the manufacturer indicat- ing that the function and perfor- mance characteristics of a product or material have been determined by testing and ongoing surveillance by an approved third-party certifica- tion agency. Assertion of certifica- tion is in the form of identification in accordance with the requirements of the third-party certification agen- cy. Third-Party Tested. Procedure by which an approved testing laborato- ry provides documentation that a product, material or system con- forms to specified requirements. Trap. A fitting or device that provides a liquid seal to prevent the emission of sewer gases without materially affecting the flow of sewage or wastewater through the trap. Trap Seal. The vertical distance be- tween the weir and the top of the dip of the trap. Unstable Ground. Earth that does not provide a uniform bearing for the barrel of the sewer pipe between the joints at the bottom of the pipe trench. Vacuum. Any pressure less than that exerted by the atmosphere. Vacuum Breaker. A type of backflow preventer installed on openings subject to normal atmospheric pressure that prevents backflow by admitting atmospheric pressure through ports to the discharge side of the device. Vent Pipe. See "Vent System." Vent Stack. A vertical vent pipe in- stalled primarily for the purpose of providing circulation of air to and from any part of the drainage sys- tem. Vent System. A pipe or pipes installed to provide a flow of air to or from a drainage system, or to provide a circulation of air within such system to protect trap seals from siphonage and backpressure. Vertical Pipe. Any pipe or fitting that makes an angle of 45 degrees (0.79 rad) or more with the horizon- tal. Wall-Hung Water Closet. A wall- mounted water closet installed in such a way that the fixture does not touch the floor. Waste. The discharge from any fixture, appliance, area or appurtenance that does not contain fecal matter. Waste Pipe. A pipe that conveys only waste. Water-Hammer Arrestor. A device uti- lized to absorb the pressure surge (water hammer) that occurs when water flow is suddenly stopped in a water supply system. Water Heater. Any heating appliance or equipment that heats potable water and supplies such water to the po- table hot water distribution system. Water Main. A water supply pipe or system of pipes, installed and main- tained by a city, township, county, public utility company or other pub- lic entity, on public property, in the street or in an approved dedicated easement of public or community use. Water Outlet. A discharge opening through which water is supplied to a fixture, into the atmosphere (except into an open tank that is part of the water supply system), to a boiler or heating system, or to any devices or equipment requiring water to op- erate but which are not part of the plumbing system. Water Pipe. Riser. A water supply pipe that extends one full story or more to convey wa- ter to branches or to a group of fix- tures. Water Distribution Pipe. A pipe within the structure or on the premises that conveys water from the water service pipe, or from the meter when the meter is at the structure, to the points of utilization. Water Service Pipe. The pipe from the water main or other source of pota- ble water supply, or from the meter when the meter is at the public right Book 146 Regular Session, June 6, 2016 243 of way, to the water distribution sys- tem of the building served. Water Supply System. The water ser- vice pipe, water distribution pipes, and the necessary connecting pipes, fittings, control valves and all appurtenances in or adjacent to the structure or premises. Well. Bored. A well-constructed by boring a hole in the ground with an au- ger and installing a casing. Drilled. A well-constructed by mak- ing a hole in the ground with a drilling machine of any type and installing casing and screen. Driven. A well-constructed by driv- ing a pipe in the ground. The drive pipe is usually fitted with a well point and screen. Dug. A well-constructed by excavat- ing a large-diameter shaft and installing a casing. Whirlpool Bathtub. A plumbing appli- ance consisting of a bathtub fixture that is equipped and fitted with a circulating piping system designed to accept, circulate and discharge bathtub water upon each use. Yoke Vent. A pipe connecting upward from a soil or waste stack to a vent stack for the purpose of preventing pressure changes in the stacks. Section 605 Materials, Joints and Connec- tions. Amended to read: Sec. 605. Use Of Copper Tubing. (a) Copper tube for underground drainage and vent piping shall be tempered copper tube type L or type K. (b) Copper tube for aboveground drainage and vent piping shall be type L or type K. (c) Copper tube shall not be used for chemical or industrial wastes as defined in section 605 of this code. (d) Copper tube for building supply piping shall be type K to the point of entrance to a building or structure. Water distribution pipe within a building or structure shall be type L or type K. Type M copper tube may be used in detached one- and two-family dwellings within the structure only when piping is above- ground or floor slab. (e) In addition to the required in- cised marking, all hand drawn copper tubing shall be marked by means of a continuous and indelibly colored stripe at least one-quarter inch (6.4 mm) in width as follows: type K, green; type L, blue; type M, red; type DVW, yellow. (f) Listed flexible water connectors shall be installed in exposed lo- cations. Section 605.3 Water Service Pipe. Amended to read: Sec. 605.3. Materials. (a) Building supply water piping to the point of entrance to the building shall be made of copper tube type K, or cast-iron water pipe. (b) Water distributing piping shall be of brass pipe, copper tube type L or type K, copper pipe, galva- nized wrought iron pipe, galva- nized open-hearth pipe, galva- nized steel pipe. Plastic piping for potable water distribution is prohibited unless approval is given by the plumbing board or the administrative authority. Type M copper tube may be used in one- and two-family dwellings within the structure only when piping is above- ground or floor slab. (c) All materials used in the water supply system, except valves and similar devices shall be of a like material, except where oth- erwise specifically approved by the building official. (d) Cast-iron fittings up to and in- cluding two (2) inches (50.8 mm) in size, when used in potable water piping, shall be galvanized. (e) All malleable iron water fittings shall be galvanized. (f) Solder shall conform to the re- quirements of sec. 802(d). Section 609. Health Care Plumbing. Amended to read: Sec. 609. Cooling Water. The dis- charge of water used exclusively as a cooling medium in an appliance, device, or apparatus to any sanitary sewer is specifically prohibited. Exception: Clean running water used exclusively as a cooling medium in an appliance, device or apparatus may discharge into the drainage system if the same comes from equipment so designed that the to- tal rate of discharge from the prem- ises served on such sewer cannot exceed five (5) gallons per minute. Section 701.5 Damage to Drainage Sys- tem or Public Sewer. Amended to read: Book 146 Regular Session, June 6, 2016 244 Sec. 701.5. Damage To Drainage Sys- tem Or Public Sewer. Roofs, inner courts, vent shafts, light wells or similar areas having rain water drain, shall discharge to the outside of the building, to the gutter, or to a storm drainage system. The installation of sump pumps, sump pump connections, or gravity con- nections which discharge or cause to be discharged, any storm water, surface water, groundwater, roof runoff, subsurface drainage, interior and exterior foundation drains, or floor drains used for collecting storm water to any sanitary sewer is specifically prohibited. (a) It shall be unlawful for any per- son to deposit, by any means whatsoever, into any plumbing fixture, floor drain, interceptor, sump, receptacle, or device which is connected to any drainage system, public sewer, or private sewer, any ashes, cinders, solids, rags, flammable, poisonous, or explosive liquids or gases, oils, grease, and any other thing whatsoever which would or could cause damage to the public sewer or private sew- er. (b) No storm water, surface water, ground water, roof runoff, sub- surface drainage, interior or ex- terior foundation drains or floor drains used for collecting storm water shall be connected to or discharged into any drainage system connected to a public or private sanitary sewer. (c) No septic tank, seepage pit, or drainfield shall be connected to any public sewer or to any build- ing sewer leading to such public sewer. (d) No commercial food waste grinder shall be connected to a private sewage disposal system unless permission has first been obtained from the administrative authority. (e) An approved type watertight sewage or waste water holding tank, the contents of which, due to their character, must be peri- odically removed and disposed of at some approved offsite lo- cation, shall be installed only when required by the adminis- trative authority or the health of- ficer to prevent anticipated sur- face or subsurface contamina- tion or pollution, damage to the public sewer, or other hazard- ous or nuisance condition. Section 702 Materials. Amended to read: Sec. 702. Building Sewer Materials. (a) The building sewer, beginning 2' from any building or structure shall be of such materials as approved by the administrative authority. (b) Joining methods and materials shall be as prescribed in chapter 7 of this code. Section 702.1 Above-Ground Sanitary Drainage and Vent Pipe. Amended to read: Sec. 702.1. Drainage piping above- ground within buildings shall be of brass pipe, copper tube type L or type K, cast-iron soil pipe, galva- nized steel pipe, lead pipe, ABS or PVC-DVW schedule 40 plastic pipe, except that: (1) No galvanized wrought iron or galvanized steel pipe shall be used underground and shall be kept at least six (6) inches (152.4 mm) above ground. (2) No vitrified clay pipe or fittings shall be used above ground, where pressurized by a pump or ejector, or on the interior of any building or structure. Section 702.2 Underground Building Sani- tary Drainage and Vent Pipe. Amended to read: Sec. 702.2. Underground Building Sanitary Drainage And Vent Pipe. (a) Underground building drains shall be of cast-iron soil pipe, tempered copper tube type L or type K, ABS or PVC-DVW schedule 40 plastic pipe. (b) Drainage fittings shall be of cast-iron, malleable iron, lead, brass, copper, ABS or PVC schedule 40, or other approved materials having a smooth inte- rior waterway of the same di- ameter as the piping served and all such fittings shall conform to the type of pipe used. (1) Fittings on screwed pipe shall be of the recessed drainage type. Burred ends shall be reamed to the full bore of the pipe. (2) The threads of drainage fit- tings shall be tapped so as to allow one-fourth inch per foot (20.9 mm/m) grade. Section 703 Building Sewer. Amended to read: Book 146 Regular Session, June 6, 2016 245 Sec. 703. Size Of Building Sewers. The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by such sewers, in accord- ance with table 11-2. No building sewer shall have a smaller diameter than four (4) inches or the size of the building drain; whichever is larger. Section 708 Cleanouts. Amended to read: Sec. 708. Cleanouts. (a) Every vent pipe that penetrates the lowest floor level shall be provided with a cleanout located not less than six (6) nor more than thirty (30) inches above the lowest floor level. (b) Each cleanout in piping two (2) inches or less in size shall be so installed that there is a clear- ance of not less than twelve (12) inches in front of the cleanout. Cleanouts in piping larger than two (2) inches shall have a clearance of not less than eight- een (18) inches in front of the cleanout. Cleanouts in under- floor piping shall be extended to or above the finished floor or shall be extended outside the building when there is less than eighteen (18) inches vertical and thirty (30) inches horizontal clearance from the means of access to such cleanout. No underfloor cleanout in any resi- dential occupancy shall be lo- cated more than twenty (20) feet from an access door, trap door, or crawl hole. (c) Cleanout fittings shall be not less in size than those estab- lished by the building official. (d) Each horizontal drainage pipe shall be provided with a cleanout at its upper terminal and each run of piping, which is more than one hundred (100) feet (30.4 m) in total developed length, shall be provided with a cleanout for each one hundred (100) feet (30.4 m), or fraction thereof, in length of such piping. (1) Cleanouts may be omitted on a horizontal drain line less than five (5) feet (1.5 m) in length unless such line is serving sinks or urinals. (2) Cleanouts may be omitted on any horizontal drainage pipe installed on a slope of seventy-two (72) degrees or less from the vertical angle (angle of one-fifth (1/5) bend). (3) Excepting the building drain and its horizontal branches, a cleanout shall not be re- quired on any pipe or piping which is above the first floor of the building. (4) An approved type of two-way cleanout fitting, installed in- side the building wall near the connection between the building drain and building sewer or installed outside of a building at the lower end of a building drain and extend- ed to grade, may be substi- tuted for an upper terminal cleanout. (e) Each vertical drainage pipe which has a double sanitary tee installed shall be provided with a cleanout within a distance of thirty-six (36) inches above or below the centerline of the sani- tary tee. (f) Each drainage pipe penetrating the lowest floor level of any structure shall be provided with a cleanout located not less than six (6) nor more than thirty (30) inches above the lowest floor level. (g) An additional cleanout shall be provided in a horizontal line for each aggregate change of direc- tion exceeding one hundred and thirty-five (135) degrees. (h) Each cleanout shall be installed so that it opens in a direction opposite to the flow of the soil or waste or at right angles thereto and, except in the case of "wye" branch and end-of-line cleanouts, shall be installed ver- tically above the flow line of the pipe. (i) Each cleanout extension shall be considered as drainage piping and each ninety (90) degree cleanout extension shall be ex- tended from a "Y" type fitting or other approved fitting of equiva- lent sweep. (j) Each cleanout for an interceptor shall be outside of such inter- ceptor. (k) Each cleanout, unless installed under an approved cover plate, shall be above grade, readily accessible, and so located as to serve the purpose for which it is Book 146 Regular Session, June 6, 2016 246 intended. Cleanouts located un- der cover plates shall be so in- stalled as to provide the clear- ances and accessibility required by this section. (l) Each cleanout in piping two (2) inches or less in size shall be so installed that there is a clear- ance of not less than twelve (12) inches in front of the cleanout. Cleanouts in piping larger than two (2) inches shall have a clearance of not less than eight- een (18) inches in front of the cleanout. Cleanouts in under- floor piping shall be extended to or above the finished floor or shall be extended outside the building when there is less than eighteen (18) inches vertical and thirty (30) inches horizontal clearance from the means of access to such cleanout. No underfloor cleanout in any resi- dential occupancy shall be lo- cated more than twenty (20) feet from an access door, trap door, or crawl hole. (m) Cleanout fittings shall be not less in size than those estab- lished by the building official. (n) Cleanouts shall be provided for pressure drainage systems as classified under section 708. (o) Countersunk cleanout plugs shall be installed where raised heads may cause a hazard. (p) When a hubless blind plug is used for a required cleanout, the complete coupling and plug shall be accessible for removal or replacement. Section 712 Sumps and Ejectors. Amend- ed to read: Sec. 712. Drainage Of Fixtures Located Below The Next Upstream Manhole Or Below The Main Sewer Level. When subsoil drainage systems are in- stalled, they shall be discharged in- to an approved sump or receiving tank and shall be discharged in a manner satisfactory to the adminis- trative authority. The installation of sump pumps or sump pump con- nections, which discharge or cause to be discharged, any storm water, surface water, groundwater, roof runoff, subsurface drainage, includ- ing interior and exterior foundation drains, floor drains used for collect- ing storm water, uncontaminated cooling water, or unpolluted indus- trial process waters, to any sanitary sewer, is specifically prohibited. Air conditioning water, drip pans, re- frigeration water or cooling tower water may be discharged into a sanitary sewer if the same comes from equipment so designed that the total rate of discharge from the premises served on such sewer cannot exceed five (5) gallons per minute. Section 715.2 Material. Amended to read: Sec. 715.2. Backwater Valves. Back- water valves shall have bodies of cast iron, brass, or other approved materials, noncorrosive bearings, seats and self-aligning discs, and shall be so constructed as to insure a positive mechanical seal and to remain closed, except when dis- charging wastes. Such valves shall remain sufficiently open during pe- riods of low flows to avoid screen- ing of solids and shall not restrict capacities or cause excessive tur- bulence during peak loads. Unless otherwise listed, valve access co- vers shall be bolted type with gas- ket and each valve shall bear the manufacturer's name cast into body and cover. Backwater valves shall be installed so that their working parts will be accessible for service and repairs. Section 902 Materials. Amended to read: Sec. 902. Materials. (a) Vent piping aboveground in buildings shall be of brass pipe, copper pipe, copper tube, type L or type K, cast-iron soil pipe, galvanized steel pipe, lead pipe, ABS or PVC-DWV schedule 40 plastic pipe. (1) No galvanized steel pipe shall be used underground and shall be kept at least six (6) inches aboveground. (2) ABS and PVC DWV piping installations shall be limited to structures not exceeding three (3) floors above grade. For the purpose of this sub- section, the first floor of a building shall be that floor that has fifty percent (50%) or more of the exterior wall surface area level with or above finished grade. One (1) additional level that is the first level and not designed for human habitation and used only for vehicle park- Book 146 Regular Session, June 6, 2016 247 ing, storage, or similar use shall be permitted. (b) Vent piping underground shall be cast-iron soil pipe, copper tube type L or type K, ABS or DWV schedule 40 plastic pipe. (c) Vent fittings shall be cast-iron, galvanized malleable iron or galvanized steel, lead, copper, brass, ABS or PVC schedule 40 or other approved materials ex- cept that no galvanized mallea- ble iron or galvanized steel fit- tings shall be used underground and shall be kept at least six (6) inches aboveground. (d) Changes in direction of vent pip- ing shall be made by the appro- priate use of approved fittings and, with the exception of cop- per tube, no such pipe shall be strained or bent. Burred ends shall be reamed to the full bore of the pipe. Section 904 Outdoor Vent Extensions. Amended to read: Sec. 904. Vent Termination. (a) Each vent pipe or stack shall ex- tend through its flashing and shall terminate vertically not less than six (6) inches above the roof nor less than one (1) foot from any vertical surface. (b) Each vent shall terminate not less than ten (10) feet from, or at least three (3) feet above any openable window, door, open- ing, air intake, or vent shaft, nor less than three (3) feet in every direction from any lot line; alley and street excepted. (c) Vent pipes shall be extended separately or combined, of full required size, not less than six (6) inches above the roof or fire wall. Flagpoling of vents is pro- hibited except where the roof is used for purposes other than weather protection. All vents within ten (10) feet of any part of the roof that is used for such other purposes shall extend not less than seven (7) feet above such roof and shall be securely stayed. (d) Vent pipes for outdoor installa- tions shall extend at least ten (10) feet above ground and shall be securely supported. (e) Joints at the roof around vent pipes shall be made watertight by the use of approved flashings or flashing material. (f) Frost Or Snow Closure. Where frost or snow closure is likely to occur in locations having mini- mum design temperature below 0 degrees F, vent terminals shall be a minimum of three (3) inches in diameter but in no event smaller than the required vent pipe. The change in diame- ter shall be made inside the building at least one (1) foot be- low the roof and terminate not less than ten (10) inches above the roof, or as required by the administrative authority. Section 1003.3.1 Grease Interceptors and Automatic Grease Removal Devices Required. Amended to read: Sec. 1003.3.1. Grease Interceptors And Automatic Grease Removal Devices Required. A grease inter- ceptor or automatic grease removal device shall be required to receive the drainage from fixtures and equipment with grease laden waste located in food preparation areas, such as in restaurants, hotel kitch- ens, hospitals, school kitchens, bars, factory cafeterias and clubs. Fixtures and equipment shall in- clude pot sinks, prerinse sinks; soup kettles or similar devices; work stations; floor drains or sinks into which kettles are drained and automatic hood wash units. Grease interceptors and automatic grease removal devices shall receive waste only from fixtures and equipment that allow fats, oils or grease to be discharged. Where lack of space or other constraints prevent the instal- lation or replacement of a grease interceptor, one or more grease in- terceptors shall be permitted to be installed on or above the floor and upstream of an existing grease in- terceptor. Section 1003.3.4 Hydromechanical Grease Interceptors, Fats, Oils and Greases Disposal Systems and Automatic Grease Removal De- vices. Amended to read: Sec. 1003.3.4. Grease Interceptors And Automatic Grease Removal Devices. Grease interceptors and automatic grease removal devices shall be sized in accordance with PDI G101, ASME A112.14.3 ap- pendix A, or ASME A112.14.4. Grease interceptors and automatic grease removal devices shall be designed and tested in accordance with PDI G101, ASME A112.14.3 or ASME A112.14.4. Grease intercep- Book 146 Regular Session, June 6, 2016 248 tors and automatic grease removal devices shall be installed in accord- ance with the manufacturer's in- structions and maintained in ac- cordance with the manufacturer's instructions and the city of Dubuque FOG program. Chapter 14 Subsurface Landscape Irriga- tion Systems. Deleted. Section 3. Section 14-1H-7 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1H-7 and enacting a new Section 14-1H-7 in lieu thereof as follows: 14-1H-7: MECHANICAL AND PLUMBING CODE BOARD OF APPEALS: A. Board Created: In order to hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a Mechanical and Plumbing Code Board of Appeals. The Mechanical and Plumbing Code Board of Ap- peals shall be appointed by the City Council and shall hold office at its pleasure. B. Membership: The Mechanical and Plumbing Code Board of Appeals shall consist of seven (7) residents of the city, appointed by the City Council for a term of three (3) years or until such member's successor is appointed and qualified. Vacancies must be filled in the same manner as original appointments. 1. Special Qualifications. The Me- chanical and Plumbing Code Board of Appeals shall consist of seven (7) individuals eighteen (18) years of age or older, from each of the following profes- sions or disciplines: a. Two (2) at-large members; b. Five (5) members who pos- sess a minimum of one of the following requirements: minimum of five (5) years working experience in the plumbing or mechanical trade, hold a state certifica- tion as a mechanical or plumbing contractor, li- censed mechanical or hy- draulic engineer, or any combination thereof. C. Oath: Each person, upon appoint- ment or reappointment to the board, must execute an oath of office at the first meeting of the board follow- ing appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board following the appointment or reappointment. D. Officers/Organization: The board must choose annually a chairper- son and vice-chairperson, each to serve a term of one (1) year. The mechanical inspector for the City of Dubuque is the secretary of the board. The board must fill a vacan- cy among its officers for the re- mainder of the officer’s unexpired term. E. Compensation: Members serve without compensation, provided that they may receive reimburse- ment for necessary travel and other expenses while on official board business within the limits estab- lished in the city administrative poli- cies and budget. F. Disqualification of Member: A mem- ber shall not hear an appeal in which that member has a personal, professional, or financial interest. G. Application for Appeal: 1. Any person affected by a deci- sion of the code official or a no- tice or order issued under this code shall have the right to ap- peal to the Mechanical and Plumbing Code Board of Ap- peals, provided a written appli- cation for appeal is filed within twenty (20) days after the day the decision, notice, or order was served. 2. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. H. Limitations on Authority (Board Powers): 1. The board has the following powers, duties, and responsibili- ties: a. To advise the city council on all mechanical and plumbing code regulations and proce- dures. b. To serve as an appeal body for the decisions of the code official or the code official's designee. c. To provide for reasonable in- terpretations of the mechan- ical and plumbing code. Book 146 Regular Session, June 6, 2016 249 The Mechanical and Plumbing Code Board of Appeals does not have the authority to waive the requirements of this code. I. Notice of Meeting: The board shall meet upon notice from the chair- man, within not less than ten (10) days and not more than sixty (60) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. J. Open Hearing: 1. Hearings before the board shall be open to the public and in compliance with the provisions of the Iowa open meetings law. 2. The appellant, the appellant’s representative, the code official, and any person whose interests are affected shall be given an opportunity to be heard. K. Hearing Procedure: 1. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conduct- ed. The procedures shall not re- quire compliance with strict rules of evidence, but shall mandate that only relevant in- formation be received. 2. A quorum shall consist of a min- imum of two-thirds (2/3) of the board membership. 3. Members of the board shall at- tend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that the member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. 4. The code official shall file with the city council a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting. 5. All administrative, personnel, ac- counting, budgetary, and pro- curement policies of the city shall govern the board in its op- erations. 6. Removal: The city council may remove any member for cause upon written charges and after a public hearing. L. Postponed Hearing: Either the city or the appellant may request a post- ponement of a hearing subject to the approval of the code official. In no event may a postponement ex- ceed ninety (90) days beyond the date of the appeal. M. Board Decision on Appeals: The board may, by majority vote, affirm, modify, or reverse the decision of the code official. N. Resolution: The decision of the board shall be by resolution. A writ- ten copy shall be furnished to the appellant and placed in city records. O. Administration: The code official shall take immediate action in ac- cordance with the decision of the board. P. Court Review: Any person, whether or not a previous party to the ap- peal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time re- quired by law following the filing of the decision in the office of the code official chief administrative officer. Q. Stays of Enforcement: Appeals of notice and orders (other than Immi- nent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the ap- peals board. Section 4. This Ordinance takes effect July 1, 2016. Passed, approved, and adopted the 6th day of June, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin Firnstahl, City Clerk Summary published officially in the Telegraph Herald newspaper on the 24th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 27-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE B RESIDENTIAL CODE, SECTIONS 14-1B-1 INTERNATIONAL RESI- DENTIAL CODE ADOPTED AND 14-1B-2 INTERNATIONAL RESIDENTIAL CODE AMENDMENTS BY REPEALING SUCH SECTIONS AND ENACTING NEW SEC- TIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNATIONAL RESIDENTIAL CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1B-1 of the City of Dubuque Code of Ordinances is amended by Book 146 Regular Session, June 6, 2016 250 repealing Section 14-1B-1 and enacting a new Section 14-1B-1 in lieu thereof as follows: 14-1B-1: INTERNATIONAL RESIDENTIAL CODE ADOPTED: Except as hereinafter added to, deleted, modified, or amended, there is hereby adopted by reference as the building code of the city that certain building code known as the inter- national residential code, 2015 edition, and as published by the International Code Council, Inc., and the provisions of such building code shall be controlling in the construction, remod- eling, maintenance, repair, and reconstruction of one- and two-family residential buildings and in all matters covered by such building code within the corporate limits of the city and shall be known as the "Dubuque residential building code". A copy of the international res- idential code, 2015 edition, as adopted, shall be on file in the office of the city clerk for public inspection. Section 2. Section 14-1B-2 of the City of Dubuque Code of Ordinances is amended by repealing Section 14-1B-2 and enacting the following additions, deletions, modifications, or amendments of the International Residential Code, 2015 Edition, adopted in Section 14-1B- 1 to read as follows: The following additions, deletions, modifi- cations, or amendments of the international residential code, 2015 edition, adopted in sec- tion 14-1B-1 of this article to read as follows: Section R102.7 Existing Structures. Amended to read: R102.7 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue with- out change, except as is specifically covered in this code, the Interna- tional Property Maintenance Code as adopted by the City of Dubuque in Title 14, Chapter 1, or the Inter- national Fire Code as adopted by the City of Dubuque in Title 14, Chapter 1, or as is deemed neces- sary by the code official for the general safety and welfare of the occupants and the public. Section R103.1 Creation of Enforcement Agency. Amended to read: Sec. R103.1. Creation Of Enforcement Agency. There is hereby estab- lished in the city the building ser- vices department, which shall be under the jurisdiction of the code of- ficial. Section R105.5 Expiration. Amended to read: Sec. R105.5. Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is completed within one year after its issuance. The code of- ficial is authorized to grant, in writ- ing, one or more extensions of time, for periods not to exceed 180 days. The extensions shall be requested in writing and justifiable cause demonstrated. Section R112.1 through R112.4 replaced with City of Dubuque Code of Ordinances Sec- tion 14-1A-6. Section R113 Violations. Amended to read: Sec. R113. Violations. It shall be un- lawful for any person, firm or corpo- ration to erect, construct, enlarge, alter, repair, move, improve, re- move, convert or demolish, equip, use, occupy or maintain any build- ing or structure or cause or permit the same to be done in violation of this code. The doing of any act, or the omission of any act, declared to be unlawful by this code, or any code or ordinance herein adopted by reference shall be deemed a separate offense for each and every day or portion thereof during which any such un- lawful act is committed, continued or permitted and upon conviction shall be punishable as provided in title 1 of the code of ordinances. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license or permit elsewhere in this code provided for violation thereof. A notice of violation is not required in every situation and city staff may issue a municipal infraction without previously issuing a notice of viola- tion. Section R202 Definitions. Amendment to “Building Official” and inclusion of “Code Official”: BUILDING OFFICIAL. See “CODE OFFI- CIAL”. CODE OFFICIAL. The officer or other des- ignated authority charged with the ad- ministration and enforcement of this code, or a duly authorized representa- tive. Any reference to “BUILDING OF- FICIAL” in this code refers to “CODE OFFICIAL”. Section R302.2.2 Parapets for Townhous- es. Deleted. Section R302.2.3 Parapet Construction. Deleted. Section R303 Light, Ventilation and Heat- ing. Deleted. Section 310.1 Emergency Escape and Rescue Opening Required. Amended to read: Book 146 Regular Session, June 6, 2016 251 Sec. R310.1. Emergency Escape And Rescue Required. Basements, hab- itable attics, and every sleeping room shall have at least one (1) op- erable emergency escape and res- cue opening. Where basements contain one or more sleeping rooms, emergency egress and res- cue openings shall be required in each sleeping room. Where emer- gency escape and rescue openings are provided they shall have a sill height of not more than 44 inches (1118 mm) above the floor. Where a door opening having a threshold below the adjacent ground eleva- tion serves as an emergency es- cape and rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall com- ply with section R310.3. The net clear opening dimensions required by this section shall be obtained by the normal operation of the emer- gency escape and rescue opening from the inside. Emergency escape and rescue openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with section R310.2. Emergency escape and rescue openings shall open directly into a public way, or to a yard or court that opens to a pub- lic way. Exceptions: 1. Basements used only to house mechanical equipment and not exceeding total floor area of 200 square feet (18.58 m2). 2. Basements without bedrooms that provide a second stairway that terminates in a room sepa- rate from the first stairway. 3. The finished sill height may ex- ceed 44 inches (1118 mm) above the floor if approved by the code official and the follow- ing conditions are met: a. The exterior finish grade is more than 36 inches (914 mm) above the interior floor level of the room, or altering the exterior configuration of the building would adversely affect the historical signifi- cance of the building. b. A platform capable of sup- porting a live load of 300 pounds shall be permanently affixed at the interior of the window. This platform shall be no lower than 20 inches (508 mm) above the floor and no higher than 36 inch- es (914 mm) above the floor. The distance from the plat- form to the finished sill height shall not exceed 36 inches (914 mm). The plat- form shall extend outward from the wall a minimum of 24 inches (610 mm) and shall be at least as wide as the clear openable width of the window. c. The escape or rescue window shall comply with section R310.2. d. The building is equipped with smoke detectors installed in accordance with section R313. Section 311.7.8.2 Continuity. Amended to read: Sec. R311.7.8.2. Continuity. Handrails for stairways shall be continuous for the full length of the flight, from a point directly above the top riser of the flight to a point directly above the lowest riser of the flight. Hand- rail ends shall be returned or shall terminate in newel posts or safety terminals. Handrails adjacent to a wall shall have a space of not less than 11/2 inch (38 mm) between the wall and the handrails. Exceptions: 1. Handrails shall be permitted to be interrupted by a newel post at a turn. 2. The use of a volute, turnout or starting easing shall be allowed over the lowest tread. 3. Top rails may be interrupted by walls. Section 313 Automatic Fire Sprinkler Sys- tems. Deleted. Section R404.1.2 Design of Masonry Foundation Walls. Amended to read: Sec. R404.1.2. Concrete Foundation Walls. Concrete foundation walls that support light-frame walls shall be designed and constructed in ac- cordance with the provisions of this section, ACI 318, ACI 332 or PCA 100. Concrete foundation walls that support above-grade concrete walls that are within the applicability limits of section R611.2 shall be designed and constructed in accordance with the provisions of this section, ACI 318, ACI 332 or PCA 100. When ACI 318, ACI 332, PCA 100 or the provisions of this section are used to design concrete foundation walls, Book 146 Regular Session, June 6, 2016 252 project drawings, typical details, and specifications are not required to bear the seal of the architect or engineer responsible for design, un- less otherwise required by the state law of the jurisdiction having author- ity. Exception: The following reinforcement re- quirements may be used as an alternative for 8" (204 mm) thick concrete foundation walls be- tween 96 (2438 mm) and 120 inches (3048 mm) in height: #4 bars 20 inches (508 mm) on center vertically and #4 bars 24 inches (610 mm) on center hori- zontally. Section 405.1 Concrete or Masonry Foun- dations. Amended to read: R405.1 Concrete or masonry founda- tions. Drains shall be provided around concrete or masonry foundations that retain earth and enclose habitable or usable spaces located below grade. Drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems or materials shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means into an approved drainage system. Gravel or crushed stone drains shall extend not less than 1 foot (305 mm) beyond the outside edge of the footing and 6 inches (152 mm) above the top of the footing. The top of open joints of drain tiles shall be protected with strips of building paper. Except where other- wise recommended by the drain manufacturer, perforated drains shall be surrounded with an approved filter membrane or the filter membrane shall cover the washed gravel or crushed rock covering the drain. Drainage tiles or perforated pipe shall be placed on a minimum of 2 inches (51 mm) of washed gravel or crushed rock not less than one sieve size larger than the tile joint opening or perforation and covered with not less than 6 inches (152 mm) of the same material. Exception: A drainage system is not required where the foundation is installed on well-drained ground or sand-gravel mixture soils ac- cording to the Unified Soil Clas- sification System, Group I soils, as detailed in Table R405.1. Section N1101.14 (R401.3) Certificate (Mandatory). Deleted. Section N1102.4.1.2 (R402.4.1.2) Testing. Deleted. Section N1103.3.4 (R403.3.4) Duct Leak- age (Prescriptive). Deleted. Section N1103.3.5 (R403.3.5) Building Cavities (Mandatory). Amended to read: Section N1103.3.5 (R403.3.5) Building Cavities (Mandatory). Exterior building framing cavities shall not be used as ducts or plenums. Section 2903.6 Determining Water Supply Fixture Units. Amended to read: Sec. P2603.6. Freezing. As Dubuque re- quires a winter design temperature of 32 degrees Fahrenheit (0 degrees Celsius) or lower as shown in table R301.2(1) of this code, a water, soil or waste pipe shall not be installed outside of a building, in exterior walls, in attics or crawl spaces, or in any other place subjected to freezing temperature unless adequate provi- sion is made to protect it from freez- ing by insulation or heat or both. Wa- ter service pipe shall be installed not less than 6 inches (152 mm) below the frost line. Section P2904 Dwelling Unit Fire Sprinkler Systems. Deleted. Chapter 30 Sanitary Drainage. Deleted. Section P3114.3 Where Permitted. Amended to read: Sec. P3114.3. Where Permitted. Individ- ual vents, branch vents, circuit vents and stack vents shall be permitted to terminate with a connection to an air admittance valve when approved by the building official or their agent in cases where structural or existing conditions do not allow for the termi- nation of a vent to the exterior of the structure. Individual and branch type air admittance valves shall vent only fixtures that are on the same floor level and connect to a horizontal branch drain. Part VIII "Electrical" is hereby amended by deleting chapters 34-43 in their en- tirety. Appendix A – Adopt Appendix B – Adopt Appendix C – Adopt Appendix D – Adopt Appendix E – Do Not Adopt Appendix F – Do Not Adopt Appendix G – Adopt Appendix H – Adopt Appendix I – Do Not Adopt Appendix J – Adopt Appendix K – Do Not Adopt Appendix L – Do Not Adopt Appendix M – Do Not Adopt Appendix N – Adopt Appendix O – Do Not Adopt Book 146 Regular Session, June 6, 2016 253 Appendix P – Do Not Adopt Appendix Q – Do Not Adopt Appendix R – Do Not Adopt Appendix S – Do Not Adopt Appendix T – Do Not Adopt Appendix U – Do Not Adopt Section 3. This Ordinance takes effect July 1, 2016. Passed, approved, and adopted the 6th day of June, 2016. /s/Ric W. Jones, Mayor Pro-Tem Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 11. WS Live - Amendment to Development Agreement: City Manager recommending ap- proval of the Second Amendment to Develop- ment Agreement among and between the City of Dubuque, Interstate Building, LLLP and WS Live, LLC in order to correct the Termination Date in Section 6.3 to June 1, 2017. Motion by Lynch to receive and file the documents and adopt Resolution No. 230-16 Approving the Second Amendment to Development Agree- ment among and between City of Dubuque, Interstate Building, LLP, and WS Live, LLC. Seconded by Connors. Motion carried 5-0 with Del Toro abstaining for possible conflict of interest as an employee of WS Live. RESOLUTION NO. 230-16 APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT AMONG AND BETWEEN CITY OF DUBUQUE, IN- TERSTATE BUILDING, LLLP, AND WS LIVE, LLC Whereas, a Development Agreement (the Agreement), dated November 3, 2008, was entered into by and between the City of Dubu- que, a municipal corporation of the State of Iowa (City), and Interstate Building, LLLP and WS Live, LLC; and Whereas, City, Interstate Building, LLLP, and WS Live, LLC now desire to amend the Development Agreement as set forth in the attached Second Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment of the Development Agreement among and be- tween City, Interstate Building, LLLP, and WS Live, LLC is hereby approved. Section 2. That the Mayor is hereby au- thorized and directed to execute said Second Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is author- ized to take such actions as are necessary to implement the terms of the Second Amend- ment as herein approved. Passed, approved and adopted this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 12. Resolution of Necessity for 210 Jones Street Urban Revitalization: City Manager rec- ommending approval of a Resolution of Ne- cessity for an Urban Revitalization Area at 210 Jones Street. Motion by Lynch to receive and file the documents and adopt Resolution No. 231-16 Resolution of Necessity finding that the rehabilitation, conservation, redevelopment, economic development, or a combination thereof of 210 Jones Street in the City of Dubuque, Iowa is necessary in the Interest of public health, safety, or welfare of the resi- dents of the City. Seconded by Resnick. Re- sponding to questions from the City Council, City Manager Van Milligen the Urban Revitali- zation designation process and provided in- formation on funding sources. Motion carried 6-0. RESOLUTION NO. 231-16 RESOLUTION OF NECESSITY FINDING THAT THE REHABILITATION, CONSERVA- TION, REDEVELOPMENT, ECONOMIC DE- VELOPMENT, OR A COMBINATION THEREOF OF 210 JONES STREET IN THE CITY OF DUBUQUE, IOWA IS NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, OR WELFARE OF THE RESI- DENTS OF THE CITY Whereas, as a preliminary step to exercis- ing the authority to approve an area for urban revitalization conferred upon Iowa municipali- ties by Iowa Code Chapter 404, a municipality must adopt a resolution finding that the reha- bilitation, conservation, redevelopment, eco- nomic development, or a combination thereof of the area is necessary in the interest of pub- lic health, safety, or welfare of the residents of the city, and Whereas, 210 Jones Street in the City of Dubuque, Iowa according to the recorded plat thereof (the Area) is the location of 210 Jones, LLC (the Company); and Whereas, the Area is located in an Urban Renewal Area and the Company is proposing an economic redevelopment of the Area; and Whereas, the City Council finds that the economic redevelopment of the Area is neces- sary in the interest of the welfare of the resi- dents of the City, and that the Area substan- tially meets the criteria for urban revitalization according to Iowa Code § 404.1. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Book 146 Regular Session, June 20, 2016 254 Section 1. 210 Jones Street in the City of Dubuque, Iowa is appropriate as an economic development area as defined in Iowa Code § 403.17, and is hereby designated the 210 Jones Street Urban Revitalization Area. Section 2. The City Manager is hereby di- rected to prepare a proposed Urban Revitali- zation Plan for the 210 Jones Street Urban Revitalization Area in conformance Iowa Code Chapter 404 for review and approval by the City Council. Passed and approved this 6th day of June, 2016. Ric W. Jones, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 13. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour: City Manager requesting the City Council schedule a work session for another walking tour of the Bee Branch Creek Restoration Pro- ject for Monday, July 11, 2016 at 5:30 p.m. The tour will start at the parking lot at Garfield Avenue and Pine Street. Motion by Connors to receive and file the documents and set the work session as recommended. Seconded by Lynch. Mayor Pro-Tem Jones stated that he will not be able to attend the work session. Motion carried 6-0. COUNCIL MEMBER REPORTS Council Member Connors reported on a presentation she made in the Council Cham- bers to several groups of second grade stu- dents on how a city works and congratulated the teachers for providing the opportunity. Mayor Pro-Tem Jones reported on the re- cent delegation visit to Washington, DC and the meetings with legislative staff. Jones re- minded everyone to vote in the primary elec- tion on Tuesday, June 7, 2016. CLOSED SESSION Motion by Connors at 8:16 p.m. to convene in closed session to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Lynch. Mayor Pro-Tem Jones stated for the record that the attorney the City Council will consult with on issues to be discussed in closed session is Assistant City Attorney Maureen Quann. Motion carried 6-0. Upon motion the City Council reconvened in open session at 8:35 p.m. having given staff proper direction. There being no further business, upon mo- tion the City Council adjourned at 8:36 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on June 20, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors (via telephone), Del Toro, Jones, Lynch, Rios; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Resnick 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 PROCLAMATION(S) Northeast Iowa Community College (NICC) 50th Anniversary was accepted by NICC Pres- ident Dr. Liang Chee Wee and Board of Trus- tees Member Dan White. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 6-0. 1. Minutes and Reports Submitted: Cable TV Commission of 6/8; City Council Proceed- ings of 6/6; Civil Service Commission 6/2; Housing Trust Fund Commission 6/1; Historic Preservation Commission 5/19; Library Board of Trustees Update 5/26; Long Range Plan- ning Commission 5/19; Parks and Recreation Commission 5/10; Zoning Advisory Commis- sion 6/1; Zoning Board of Adjustments 5/26; Proof of Publication for City Council Proceed- ings of 5/16, 5/23 5/31; Proof of Publication for Delinquent Water, Sewer, Refuse and Storm- water Collection Accounts of 5/20, 5/27, 6/3; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 4/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Interstate Power and Light Company for property dam- age; Jerrod Wernimont for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Book 146 Regular Session, June 20, 2016 255 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Interstate Power for property damage; Jerrod Wernimont for property damage. Upon motion the documents were received, filed and concurred. 4. University of Iowa Recognizes City At- torney Barry Lindahl: City Manager transmit- ting the University of Iowa College of Law 150 People that recognizes City Attorney Barry Lindahl. Upon motion the document was re- ceived and filed. 5. Civil Service Commission - Certified Lists: Civil Service Commission submitting the certified lists for the positions of Bus Operator, Landfill Equipment Operator, Police Officer and Traffic Signal Technician II. Upon motion the documents were received, filed and made a Matter of Record. June 2, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Bus Operator was administered on August 19, 2014. We hereby certify that the individuals listed below have passed this written examina- tion and the vacancy for this position should be filled from this list and that this list will expire on November 30, 2016. Bus Operator 1. Chris Cullen 11. Robert Meloy 2. Steven Jochum 12. Michael Feltes 3. Justin Licht 13. Steven Ough 4. Mark Pillard 14. Lawrence Brooks 5. Ann Skemp 15. Jason Hardtke 6. Clay Wilwert 16. James Poll 7. Paul Bartlett 17. Barry Gibson 8. David Hanson 18. Robert Grant 9. Eugene Hohmann 19. Mark Welbes 10. Douglas Kuehn 20. Linda Langkamp Eligible Employee: Joyce Lucas Respectfully submitted, Dan White, Chairman Civil Service Commission June 2, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Landfill Equipment Operator was adminis- tered on April 5, 2016. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Landfill Equipment Operator 1. Mark Meyer 9. William Ganson 2. Daniel Petersen 10. Chase Kieffer 3. Nicholas McLaughlin 11. John Kirk 4. Tim Neuhaus 12. Drew Noel 5. Daniel Waller 13. Christopher Lep- pert 6. Robert Barry 14. Kevin Merkes 7. F. Michael Gruber 15. Troy Kapparos 8. Jeffery Davis, Jr. 16. Brad Pettigout Respectfully submitted, Daniel White, Chairperson Civil Service Commission June 2, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on March 5, 2016. We hereby certify that the individuals listed below have passed this written examina- tion and the vacancy for this position should be made from this list and that this list is good until April 30, 2017. Police Officer 1. Molly Kuhn 21. Joel Dronebarger 2. Matthew Goedken 22. Tyler Henning 3. Ross Salwolke, Jr. 23. Kyle Halverson 4. Dylan Doerges 24. Calvin Harridge 5. Evan Armour 25. Daniel Thoma 6. Taylor Hasken 26. Nathaniel Lech 7. Austin Jacobi 27. Joshua Besick 8. Khiry Loyd 28. Luke Hoerner 9. Peter Fleming 29. Nathan Kennicker 10. Ethan Lembke 30. Deavon Richards 11. Benjamin Basker- ville 31. Blake Gallery 12. Casey Smith 32. Jacob Bardell 13. Austin Wagen- hause 33. Nicholas Kennicker 14. Caleb Hoff 34. Courtney Dalton 15. Jonathan Mertz 35. Brianna Marzette 16. Trevor Calahan 36. Heather Ruplinger 17. Gary Pape 37. Damon Spencer 18. Sara Kruger 38. Jwan Brookins 19. Travis Glasgow 39. Zachary Nilles 20. Tanner William 40. Jonathan Soda- wasser Respectfully Submitted, Daniel White, Chairperson Civil Service Commission June 2, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Traffic Signal Technician II was adminis- Book 146 Regular Session, June 20, 2016 256 tered via take-home exam. We hereby certify that the individuals listed below have passed this “take-home” examination and the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. Traffic Signal Technician II 1. Jeremy Freiburger 2. Zach Dowell 3. Michael Clemen 4. Eric Trausch Respectfully submitted, Dan White, Chairman Civil Service Commission 6. Iowa Department of Natural Resources - NPDES Inspection: Correspondence from the Iowa Department of Natural Resources provid- ing the inspection report for the Water & Re- source Recovery Center (W&RRC). Upon mo- tion the documents were received, filed and referred to the City Manager. 7. Kerper Court - Verified Claim to Renew Covenants, Conditions and Restrictions: City Manager recommending approval of a Verified Claim that will extend the restrictions on use of a property located on Kerper Court for a period of 21 years from the date of recording. Upon motion the documents were received, filed and approved. 8. Stipulation of Settlement and Notice of Voluntary Settlement - Menard, Inc. Property Tax Appeal: City Attorney recommending ap- proval of the Stipulation of Settlement and Notice of Voluntary Settlement for the property tax appeal filed by Menards, Inc. for property located at 5300 Dodge St. Upon motion the documents were received, filed and approved. 9. Order of Dismissal - Hillcrest Associates Property Tax Appeal: City Attorney recom- mending approval of the Order of Dismissal for a property tax appeal filed by Hillcrest Associ- ates for property located on Pasadena Drive. Upon motion the documents were received, filed and approved. 10. Charles Q. Foust - Pre-Annexation Agreement: City Manager recommending ap- proval of a Pre-Annexation Agreement with Charles Q. Foust, property owner of Lot 11 in Twin Ridge Subdivision. Upon motion the doc- uments were received and filed and Resolution No. 232-16 Approving a Pre-Annexation Agreement between the City of Dubuque Iowa and Charles Q. Frost was adopted. RESOLUTION NO. 232-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CHARLES Q. FOUST Whereas, Charles Q. Foust , the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 11 in “Twin Ridge” Subdivision in Table Mound Township, Dubuque County, Iowa, according to the record- ed plats thereof, subject to easements and agreements of record; and Whereas, Charles Q. Foust , have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Proper- ty; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Charles Q. Foust and the City of Dubuque is hereby approved. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. LT Investments, LLC - Pre-Annexation Agreement: City Manager recommending ap- proval of a Pre-Annexation Agreement with LT Investments, LLC for the subject property. Upon motion the documents were received and filed and Resolution No. 233-16 Approving a Pre-Annexation Agreement between the City of Dubuque Iowa and LT Investments, LLC was adopted. Book 146 Regular Session, June 20, 2016 257 RESOLUTION NO. 233-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LT INVESTMENTS, LLC Whereas, LT Investments, LLC, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 2-1 of Miller Place in the NW ¼ of Section 23, T88N, R2E (Table Mound Township) of the 5th P.M., Dubuque County, Iowa; and Whereas, LT Investments, LLC has en- tered into a Pre-annexation Agreement with the City of Dubuque a copy of which is at- tached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between LT Investments, LLC and the City of Dubuque is hereby approved. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Southwest Arterial Project Property Acquisition – Valentine: City Manager recom- mending acceptance of the Warranty Deed and Grant of Easement for Parcel 149 owned by Ronald, Marlene, and Gary Valentine relat- ed to the Southwest Arterial Project. Upon motion the documents were received and filed and Resolution No. 234-16 Accepting a Deed for the Southwest Arterial Project from Ronald L. Valentine and Marlene Valentine, and Gary L. Valentine; and Resolution No. 235-16 Ac- cepting a Grant of Permanent Utility Easement for the Southwest Arterial Project from Ronald L. Valentine and Marlene Valentine, and Gary L. Valentine were adopted. RESOLUTION NO. 234-16 ACCEPTING A DEED FOR THE SOUTH- WEST ARTERIAL PROJECT FROM RONALD L. VALENTINE AND MARLENE VALENTINE, AND GARY L. VALENTINE Whereas, the City of Dubuque entered into an agreement for the purchase of real estate for the Southwest Arterial Project with Ronald L. Valentine and Marlene Valentine, husband and wife, and Gary L. Valentine for the proper- ty legally described as follows: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTH- WEST 1/4 OF SECTION 3, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA as shown on the Ac- quisition Plat attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 235-16 ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENT FOR THE SOUTH- WEST ARTERIAL PROJECT FROM RONALD L. VALENTINE AND MARLENE VALENTINE, AND GARY L. VALENTINE Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- ment for the Southwest Arterial Project with Ronald L. Valentine and Marlene Valentine, and Gary L. Valentine for the property legally described as: A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF 1 OF THE WEST FRACTIONAL 1/2 OF THE NORTH- WEST 1/4 OF SECTION 3, TOWN- SHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBU- QUE, STATE OF IOWA as more par- ticularly shown on the Permanent Utility Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Permanent Utility Ease- ment attached hereto is hereby accepted. Book 146 Regular Session, June 20, 2016 258 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Purchase of Services Grant Funding Recommendations: City Manager recommend- ing approval of the recommended funding for the Fiscal Year 2017 Purchase of Services Grant applications as recommended by the Community Development Advisory Commis- sion. Upon motion the documents were re- ceived, filed and approved. 14. Purchase of Services Grant Agreement - Dubuque County Extension: City Manager recommending approval of a Purchase of Ser- vices Grant Agreement with Dubuque County ISU Extension for Fiscal Year 2017. Upon mo- tion the documents were received, filed and approved. 15. Purchase of Services Grant Agreement - Four Mounds Foundation: City Manager rec- ommending approval of a Purchase of Ser- vices Grant Agreement with Four Mounds Foundation for Fiscal Year 2017. Upon motion the documents were received, filed and ap- proved. 16. Purchase of Services Grant Agreement - Northeast Iowa School of Music: City Man- ager recommending approval of a Purchase of Services Grant Agreement with Northeast Io- wa School of Music for Fiscal Year 2017. Upon motion the documents were received, filed and approved. 17. Contracted Services Agreement - America's River Corporation: City Manager recommending approval of the Contracted Services Agreement with America's River Cor- poration for Fiscal Year 2017. Upon motion the documents were received, filed and approved. 18. Contracted Services Agreement - Crescent Community Health Center: City Manager recommending approval of the Con- tracted Services Agreement with Crescent Community Health Center for Fiscal Year 2017. Upon motion the documents were re- ceived, filed and approved. 19. Contracted Services Agreement - Dubuque Area Convention and Visitors Bu- reau: City Manager recommending execution of a Contracted Services Agreement with the Dubuque Area Convention and Visitors Bureau for Fiscal Year 2017. Upon motion the docu- ments were received, filed and approved. 20. Contracted Services Agreement - Dubuque Area Labor Management Council: City Manager recommending approval of the Contracted Services Agreement with the Dubuque Area Labor-Management Council for Fiscal Year 2017. Upon motion the documents were received, filed and approved. 21. Contracted Services Agreement - Dubuque Main Street: City Manager recom- mending approval of the Contracted Services Agreement with Dubuque Main Street for Fis- cal Year 2017. Upon motion the documents were received, filed and approved. 22. Contracted Services Agreement – DuRide: City Manager recommending approv- al of the Contracted Services Agreement with DuRide for Fiscal Year 2017. Upon motion the documents were received, filed and approved. 23. Contracted Services Agreement - Eve- ry Child | Every Promise: City Manager rec- ommending approval of a Contracted Services Agreement with Every Child | Every Promise for Fiscal Year 2017. Upon motion the docu- ments were received, filed and approved. 24. Contracted Services Agreement - Hills and Dales Senior Center Lifetime Program: City Manager recommending approval of the Contracted Service Agreement with Hills and Dales Senior Center Lifetime Program for Fis- cal Year 2017. Upon motion the documents were received, filed and approved. 25. Contracted Services Agreement - In- clusive Dubuque: City Manager recommending approval of a Contracted Services Agreement with Inclusive Dubuque for Fiscal Year 2017. Upon motion the documents were received, filed and approved. 26. Contracted Services Agreement - Op- eration: New View Community Action Agency: City Manager recommending approval of the Contracted Services Agreement with Opera- tion: New View Community Action Agency for Fiscal Year 2017. Upon motion the documents were received, filed and approved. 27. Contracted Services Agreement - Community Foundation of Greater Dubuque / Project H.O.P.E.: City Manager recommending approval of a Contracted Services Agreement with Community Foundation of Greater Dubu- que / Project H.O.P.E. for Fiscal Year 2017. Upon motion the documents were received, filed and approved. 28. Contracted Services Agreement - Washington Tool Library: City Manager rec- ommending approval of the Contracted Ser- Book 146 Regular Session, June 20, 2016 259 vices Grant Agreement with the Washington Neighborhood Tool Library for Fiscal Year 2017. Upon motion the documents were re- ceived, filed and approved. 29. Specific and Aggregate Stop Loss In- surance Renewal: City Manager recommend- ing approval to accept the proposal presented by AIG for Health and Prescription Drug Plans - Specific and Aggregate Stop Loss Insurance for the plan year beginning July 1, 2016, and ending June 30, 2017, and maintaining the current specific stop loss amount. Upon motion the documents were received, filed and ap- proved. 30. Public Works Department Reorganiza- tion: City Manager recommending approval of the elimination of the current Street/Sewer Maintenance Supervisor position and the crea- tion of the position of Assistant Public Works Director. It is further recommended that a Field Supervisor position be created to assist the Assistant Public Works Director with on-site management of field operations. Upon motion the documents were received, filed and ap- proved. 31. U.S. Department of Housing and Urban Development (HUD) Continuum of Care Spe- cial Needs Assistance Program: City Manager recommending approval of a one-year renewal application to the Iowa Finance Authority and to the U.S. Department of Housing and Urban Development for the administration of the Con- tinuum of Care Special Needs Assistance Pro- gram (formerly Shelter Plus Care Program), which provides rental assistance to homeless persons with disabilities. Upon motion the documents were received and filed and Reso- lution No. 236-16 Authorizing the Mayor to execute an application for the Continuum of Care Grant and Authorizing the Director of Housing and Community Development and the City Manager to approve the application was adopted. RESOLUTION NO. 236-16 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE CONTINUUM OF CARE GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the Iowa Finance Authority on behalf of the Iowa Balance of the Continuum of Care has published notice requesting Federal Fiscal Year 2016 Project Applications for Re- newal Projects; and Whereas, the U.S. Department of Housing and Urban Development has published the availability of the Continuum of Care grant for the Collaborative Applicants including the Iowa Balance of the Continuum of Care; and Whereas, the U.S. Department of Housing and Urban Development will publish the avail- ability of the Continuum of Care grant for the Project Applicants including the City of Dubu- que Phoenix Housing Project; and Whereas, the City of Dubuque has admin- istered the Continuum of Care grant since 2007; and Whereas, the City of Dubuque proposes to continue administering the Continuum of Care grant to assist homeless, disabled persons with permanent supportive housing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby au- thorized and directed to submit an application to IFA and HUD for the Continuum of Care program grant. Section 2: That the Director of Housing and Community Development and the City Manag- er are hereby authorized to approve the appli- cation that is submitted to IFA and to HUD. Section 3: That the City Manager is hereby authorized and directed to forward said appli- cation and resulting standard executed con- tract to the respective agencies in a timely fashion and as required by the Iowa Finance Authority and the U. S. Department of Housing and Urban Development. Passed, approved and adopted this 20th day of June 2016. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 32. Environmental Review for Continuum of Care Phoenix Housing: City Manager rec- ommending approval for the Mayor to execute the Environmental Review Determination as the Certifying Officer for the City of Dubuque. Upon motion the documents were received, filed and approved. 33. 2016 Justice Assistance Grant (JAG) Application: City Manager recommending ap- proval to submit the 2016 Justice Assistance Grant (JAG) application. Upon motion the doc- uments were received, filed and approved. 34. Carnegie-Stout Public Library Maker Space Project Award: City Manager recom- mending award of the construction contract for the Carnegie-Stout Public Library Maker Space Project to the low bidder Tricon General Construction, Inc. Upon motion the documents were received and filed and Resolution No. 237-16 Awarding public improvement contract for the Carnegie-Stout Public Library Maker Space Project was adopted. Book 146 Regular Session, June 20, 2016 260 RESOLUTION NO. 237-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE CARNEGIE-STOUT PUB- LIC LIBRARY MAKER SPACE PROJECT Whereas, sealed proposals have been submitted by contractors for the Carnegie- Stout Public Library’s (C-SPL) Maker Space project, (the Project) pursuant to Resolution No. 174-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 6th day of May, 2016; and Whereas, said sealed proposals were opened and read on the 3rd day of June, 2016 and it has been determined that Tricon Gen- eral Construction, Inc. of Dubuque, Iowa with a bid in the amount of $148,700.00 is the lowest responsive, responsible bidder for the Project. 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 Tricon General Construction, Inc. and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubu- que for the Project. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 35. Workers' Compensation Excess Insur- ance Renewal Fiscal Year 2016: City Manager recommending approval of the renewal rate submitted by current carrier, Safety National, for Fiscal Year 2017 Workers' Compensation Express Insurance. Upon motion the docu- ments were received, filed and approved. 36. Public, Educational, and Government (PEG) Capital Grant Expenditure Request: City Manager recommending approval of the Cable TV Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for Loras College and for Dubuque Community Schools for digital routing upgrades to their control rooms to al- low them to send true digital signals to Media- com. Upon motion the documents were re- ceived, filed and approved. 37. Iowa Department of Transportation (DOT) Agreement - Chavenelle Rd Hike/Bike Trail: City Manager recommending authoriza- tion for the Mayor to sign the Federal Aid Agreement for Transportation Alternative Pro- gram and the DMATS TAP Agreement for funding the Chavenelle Road Hike/Bike Trail between Seippel Road and the NW Arterial. Upon motion the documents were received and filed and Resolution No. 238-16 Approving the Dubuque Metropolitan Area Transportation Study (DMATS) Transportation Alternatives Program (TAP) Agreement; and Resolution No. 239-16 Approving the Iowa Department of Transportation Federal Aid Agreement for a Transportation Alternatives Program (TAP) Project Earmark Funded Project were adopt- ed. RESOLUTION NO. 238-16 APPROVING THE DUBUQUE METROPOLI- TAN AREA TRANSPORTATION STUDY (DMATS) TRANSPORTATION ALTERNA- TIVES PROGRAM (TAP) AGREEMENT Whereas, the City of Dubuque is proceed- ing with the Chavenelle Road Hike/Bike Trail Project; and Whereas, the trail will be located on the north side of Chavenelle Road from Seippel Road to the NW Arterial (IA 32); and Whereas, the Chavenelle Road Hike/Bike Trail project will involve the construction of a 10 foot wide asphalt trail from IA 32 (NW Arte- rial to Seippel Road). The project is planned to be constructed in 2017 and will provide a mul- ti-modal connection to the NW Arterial Hike/Bike Trail, the Bergfeld Pond Trail and Seippel Road. Ultimately the trail will provide a connection to the SW Arterial. This trail will connect users to the Mississippi River Trail; and Whereas, the DMATS Policy Board has authorized the use of federal funds for eligible costs for the Chavenelle Road Hike/Bike Trail. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said DMATS TAP agree- ment between the City of Dubuque and DMATS be hereby approved for the Cha- venelle Road Hike/Bike Trail from Seippel Road to the NW Arterial (IA 32). Section 2. That the Mayor be authorized and directed to execute two copies of the DMATS TAP agreement between the City of Dubuque and DMATS be hereby approved for the Chavenelle Road Hike/Bike Trail from Seippel Road to the NW Arterial (IA 32). Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 239-16 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM (TAP) PRO- JECT EARMARK FUNDED PROJECT Whereas, the City of Dubuque is proceed- ing with the Chavenelle Road Hike/Bike Trail Project; and Whereas, the trail will be located on the north side of Chavenelle Road from Seippel Road to the NW Arterial (IA 32); and Book 146 Regular Session, June 20, 2016 261 Whereas, the Chavenelle Road Hike/Bike Trail project will involve the construction of a 10 foot wide asphalt trail from IA 32 (NW Arte- rial to Seippel Road). The project is planned to be constructed in 2017 and will provide a mul- ti-modal connection to the NW Arterial Hike/Bike Trail, the Bergfeld Pond Trail and Seippel Road. Ultimately the trail will provide a connection to the SW Arterial. This trail will connect users to the Mississippi River Trail; and Whereas, the Iowa Department of Trans- portation (Iowa DOT) has authorized the use of federal funds for eligible costs for the Cha- venelle Road Hike/Bike Trail. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa DOT Federal Aid Agreement For a Transportation Alternatives Program (TAP) Project Earmark Funded Pro- ject (Agreement 17-EDP-101) between the City of Dubuque and the Iowa Department of Transportation be hereby approved for the Chavenelle Road Hike/Bike Trail from Seippel Road to the NW Arterial (IA 32). Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Federal Aid Agreement For a Transporta- tion Alternatives Program (TAP) Project Ear- mark Funded Project (Agreement 17-EDP- 101) between the City of Dubuque and the Iowa Department of Transportation be hereby approved for the Chavenelle Road Hike/Bike Trail from Seippel Road to the NW Arterial (IA 32). Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 38. South Fork Catfish Creek to Timber- Hyrst #4 North Line Creek Crossings 2016 Project Acceptance: City Manager recom- mending acceptance of the public improve- ment construction contract for the Timber Hyrst Estates #4 Sanitary Sewer North Line Project as completed by Connolly Construc- tion, Inc. Upon motion the documents were received and filed and Resolution No. 240-16 Accepting the Timber Hyrst Estates #4 Sani- tary Sewer North Line Project and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 240-16 ACCEPTING THE TIMBER HYRST ES- TATES #4 SANITARY SEWER NORTH LINE PROJECT AND AUTHORIZING THE PAY- MENT TO THE CONTRACTOR Whereas, the public improvement contract for the Timber Hyrst Estates #4 Sanitary Sew- er North Line Project (the Project) has been completed by the Contractor, Connolly Con- struction, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $40,376.58; and Whereas, the Contractor has previously been paid $38,357.75, leaving a balance of $2,018.83; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $2,018.83 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE TIMBER HYRST ES- TATES #4 SANITARY SEWER NORTH LINE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Timber Hyrst Estates #4 Sani- tary Sewer North Line Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $46,433.06. Dated this 13th day of June, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 39. South Fork Catfish Creek to Timber- Hyrst #4 South Line Creek Crossings 2016 Project Acceptance: City Manager recom- mending acceptance of the public improve- ment construction contract for the Timber Hyrst Estates #4 Sanitary Sewer South Line Project as completed by Connolly Construc- tion, Inc. Upon motion the documents were received and filed and Resolution No. 241-16 Accepting the Timber Hyrst Estates #4 Sani- tary Sewer South Line Project and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 241-16 ACCEPTING THE TIMBER HYRST ES- TATES #4 SANITARY SEWER SOUTH LINE Book 146 Regular Session, June 20, 2016 262 PROJECT AND AUTHORIZING THE PAY- MENT TO THE CONTRACTOR Whereas, the public improvement contract for the Timber Hyrst Estates #4 Sanitary Sew- er South Line Project (the Project) has been completed by the Contractor, Connolly Con- struction, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $89,860.09; and Whereas, the Contractor has previously been paid $85,367.08, leaving a balance of $4,493.00; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $4,493.00 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE TIMBER HYRST ES- TATES #4 SANITARY SEWER SOUTH LINE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Timber Hyrst Estates #4 Sani- tary Sewer South Line Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $98,846.10. Dated this 13th day of June, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 40. Eagle Point Park Parking Lot Resurfac- ing Project Acceptance: City Manager recom- mending acceptance of the public improve- ment construction contract for the Eagle Point Parking Lot Resurfacing Project as completed by River City Paving. Upon motion the docu- ments were received and filed and Resolution No. 242-16 Accepting the Eagle Point Parking Lot Resurfacing Project and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 242-16 ACCEPTING THE EAGLE POINT PARKING LOT RESURFACING PROJECT AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Eagle Point Parking Lot Resurfacing Project (the Project) has been completed by the Contractor, River City Paving (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $68,081.18; and Whereas, the Contractor has previously been paid $64,677.13, leaving a balance of $3,404.06; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $3,404.06 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE EAGLE POINT PARKING LOT RESURFACING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Eagle Point Parking Lot Resur- facing Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $72,956.87. Dated this 10th day of June, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 41. SRF Green Alley Project Bid Set 6 - Year 1 Project Acceptance: City Manager rec- ommending acceptance of the construction contract and the establishment of the Final Schedule of Assessments for the SRF Green Alley Bid Set 6 – Year 1 Project as completed by Drew Cook and Sons Excavating. Upon motion the documents were received and filed and Resolution No. 243-16 Accepting the SRF Book 146 Regular Session, June 20, 2016 263 Green Alley Project - Bid Set 6 - Year 1 and Authorizing the Payment of the Contract Amount to the Contractor; and Resolution No. 244-16 Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 6 Year 1 were adopted. RESOLUTION NO. 243-16 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 6 YEAR 1 AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 6 Year 1 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the SRF Green Alley Project fund for the contract amount of $274,347.80 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN ALLEY PROJECT - BID SET 6 YEAR 1 The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the SRF Green Alley Project - Bid Set 6 Year 1, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $301,782.58. Dated this 10th day of June, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 20th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk RESOLUTION NO. 244-16 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 6 YEAR 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive, is hereby approved for the SRF Green Alley Project - Bid Set 6 Year 1. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the im- provements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in propor- tion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the no- tice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $500.00 or more are payable in 15 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and will draw annual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Sec- tion 384.65 of the Code of Iowa. Each install- ment will be delinquent from October 1 follow- ing its due date on July 1 of each year. How- ever, when the last day of September is a Sat- urday or Sunday, that amount shall be delin- quent from the second business day of Octo- ber. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Book 146 Regular Session, June 20, 2016 264 Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk FINAL SCHEDULE OF ASSESSMENTS SRF GREEN ALLEY PROJECT BID SET 6 – YEAR 1 ALLEY BETWEEN BALKE STREET AND BURDEN STREET FROM GROVELAND STREET TO LINK STREET DATE: JUNE 24, 2016 The following schedule is hereby deter- mined to show each lot proposed to be as- sessed for the improvement shown in the title together with the amount proposed to be as- sessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PARCEL NUMBER; PROPERTY OWNER NAME; LOT DESCRIPTION; STREET AD- DRESS; NET ASSESSED VALUATION; VAL- UATION WITH IMPROVEMENT; NET PAV- ING IMPROVEMENT COST; NET PAVING IMPROVEMENT DEFICIENCY; TOTAL NET ASSESSMENT GROVELAND TO GOETHE BETWEEN BAL- KE AND BURDEN 1013134001; Ross, Richard K; Lot 32 Belmont Add; 630 Groveland Pl; 117,120.00; $117,750.68; $630.68; $0.00; $630.68 1013134002; Bjerke, Jan Rae; Lot 31 Bel- mont Add; 2946 Balke St; 66,920.00; $67,857.42; $937.42; $0.00; $937.42 1013134003; Johll, Sandra J; Lot 30 Bel- mont Add; 2940 Balke St; 70,460.00; $71,397.42; $937.42; $0.00; $937.42 1013134004; Baskerville, Susan J; Lot 29 Belmont Add; 2934 Balke St; 94,490.00; $95,427.42; $937.42; $0.00; $937.42 1013134005; Hoover, Sarah M; Lot 28 Belmont Add; 2930 Balke St; 94,070.00; $95,007.42; $937.42; $0.00; $937.42 1013134006; Johnson, Becky J; Lot 27 Belmont Add; 2920 Balke St; 76,500.00; $78,737.42; $2,237.42; $0.00; $2,237.42 1013134007; Queck Capital Management LLC/Janann Oertel; Lot 26 Belmont Add; 2916 Balke St; 79,030.00; $79,967.42; $937.42; $0.00; $937.42 1013134008; Hesselman, Joseph M; Lot 25 Belmont Add; 2912 Balke St; 73,860.00; $74,797.42; $937.42; $0.00; $937.42 1013134009; Reed, Mitchell A & Kim A; Lot 24 Belmont Add; 2904 Balke St; 78,900.00; $79,837.42; $937.42; $0.00; $937.42 1013134010; Kretz, Jamie S; Lot 121 Bur- den & Lawthers Add; 680 Groveland Pl; 69,000.00; $71,198.60; $2,198.60; $0.00; $2,198.60 1013134011; Kotz, Denis J & Anne M; Lot 122 & N 1/2 of Lot 123 Burden & Lawthers; 2929 Burden Ave; 94,910.00; $96,316.13; $1,406.13; $0.00; $1,406.13 1013134012; Watters, Chris L & Joan R; S 1/2 of Lot 123 Burden & Lawthers; 2923 Bur- den Ave; 79,000.00; $79,468.71; $468.71; $0.00; $468.71 1013134013; Cain Jr., Kenneth J & Tabitha A; N 47' of Lot 124 Burden & Lawthers; 2919 Burden Ave; 95,920.00; $96,801.17; $881.17; $0.00; $881.17 1013134014; Engler, Justin J.; Lot 125 & S 3' of Lot 124 Burden & Lawthers Add; 2915 Burden Ave; 87,100.00; $88,093.66; $993.66; $0.00; $993.66 1013134015; Lewis, Marjorie C Rentals; Lot 126 Burden & Lawthers Add; 2909 Burden Ave; 74,570.00; $75,507.42; $937.42; $0.00; $937.42 1013134016; Buelow, Thomas J; Lot 127 Burden & Lawthers Add; 2905 Burden Ave; 82,200.00; $83,137.42; $937.42; $0.00; $937.42 GOETHE TO LAWTHER BETWEEN BALKE AND BURDEN 1013138001; Brooks, Robert G & Eunice M; Lot 23 Belmont Add; 2860 Balke St; 123,770.00; $124,707.42; $937.42; $0.00; $937.42 1013138002; White, Cynthia M; Lot 22 Belmont Add; 2834 Balke St; 100,130.00; $101,067.42; $937.42; $0.00; $937.42 1013138003; Freihoefer, David C; Lot 20 & 21 Belmont Add; 2830 Balke St; 84,950.00; $86,824.84; $1,874.84; $0.00; $1,874.84 1013138004; Joseph D. McQuillen; Lot 19 Belmont Add; 2826 Balke St; 69,290.00; $70,227.42; $937.42; $0.00; $937.42 1013138005; Katrichis, Andrew; Lot 128 Burden & Lawthers Add; 2841 Burden Ave; 88,120.00; $89,057.42; $937.42; $0.00; $937.42 1013138006; Motsch, Debra E A/K/A Motsch, Deb E; Lot 129 Burden & Lawthers Add; 2837 Burden Ave; 85,460.00; $86,397.42; $937.42; $0.00; $937.42 1013138007; Buse, David T & Jennifer A; Lot 130 Burden & Lawthers Add; 2833 Burden Ave; 83,130.00; $84,067.42; $937.42; $0.00; $937.42 1013138008; Westmark, Steven J & Sher- rie A; Lot 131 Burden & Lawthers Add; 2829 Burden Ave; 87,430.00; $88,367.42; $937.42; $0.00; $937.42 1013138009; Blocklinger, Kevin M Sr. & Kimberly A; Lot 132 Burden & Lawthers Add; 2825 Burden Ave; 94,170.00; $95,107.42; $937.42; $0.00; $937.42 LAWTHER TO STRAUSS BETWEEN BALKE AND BURDEN 1013180001; Vallee, Chris C & Masterpol, Anna M; Lot 18 Belmont Add; 2824 Balke St; 89,470.00; $90,407.42; $937.42; $0.00; $937.42 Book 146 Regular Session, June 20, 2016 265 1013180002; Prull, Marcus; Lot 17 & N 1/2 of Lot 16 Belmont Add; 2816 Balke St; 113,240.00; $114,646.13; $1,406.13; $0.00; $1,406.13 1013180003; Weber, Patricia J; Lot 15 & S 1/2 of Lot 16 Belmont Add; 2812 Balke St; 92,210.00; $93,616.13; $1,406.13; $0.00; $1,406.13 1013180004; Palm, Judith A Revoc Living Tr Dated 7/2/07; Lot 14 Belmont Add; 2800 Balke St; 76,040.00; $76,977.42; $937.42; $0.00; $937.42 1013180005; Donovan, Robert A & Patrick J; Lot 133 Burden & Lawthers Add; 2819 Bur- den Ave; 87,250.00; $88,187.42; $937.42; $0.00; $937.42 1013180006; Halfhill, Lindsay M; Lot 134 Burden & Lawthers Add; 2815 Burden Ave; 110,960.00; $111,897.42; $937.42; $0.00; $937.42 1013180007; Saunders, Curt D; Lot 135 Burden & Lawthers Add; 2811 Burden Ave; 104,650.00; $105,587.42; $937.42; $0.00; $937.42 1013180008; O; Brien, William J; Lot 136 Burden & Lawthers Add; 2807 Burden Ave; 71,790.00; $72,727.42; $937.42; $0.00; $937.42 1013180009; Travis, Marcella M; Lot 137 Burden & Lawthers Add; 2803 Burden Ave; 94,400.00; $95,337.42; $937.42; $0.00; $937.42 STRAUSS TO LINK BETWEEN BALKE AND BURDEN 1013188001; Homebuyers LLC; Lot 13 Belmont Add; 2790 Balke St; 87,530.00; $88,467.42; $937.42; $0.00; $937.42 1013188002; Tigges, Steven J.; Lot 12 Belmont Add; 2780 Balke St; 108,450.00; $109,387.42; $937.42; $0.00; $937.42 1013188003; Schmit, Michael C & Janet M; Lot 11 Belmont Add; 2772 Balke St; 113,620.00; $114,557.42; $937.42; $0.00; $937.42 1013188004; Bisenius Jr., David E & San- dra; Lot 10 Belmont Add; 2764 Balke St; 96,350.00; $97,287.42; $937.42; $0.00; $937.42 1013188005; Summers, Felon M; Lot 8 & 9 Belmont Add; 757 Link St; 136,670.00; $138,318.98; $1,648.98; $0.00; $1,648.98 1013188006; Pape, Derrick M & Murnane, Jessica A; Lot 138 Burden & Lawther Add; 2759 Burden Ave; 91,150.00; $91,869.78; $719.78; $0.00; $719.78 1013188007; Schwartz, Stanley Leo; Lot 139 Burden & Lawthers Add; 2755 Burden Ave; 82,710.00; $83,618.72; $908.72; $0.00; $908.72 1013188008; Queck Capital Management LLC; Lot 140 Burden & Lawther Add; 2751 Burden Ave; 64,920.00; $65,805.92; $885.92; $0.00; $885.92 1013253001; Paulsen, Jennifer & Jonathan M; Lot 141 Burden & Lawthers Add; 2747 Bur- den Ave; 82,110.00; $82,972.86; $862.86; $0.00; $862.86 1013253002; Horaney, Nicholas A & Ange- la L; Lot 142 Burden & Lawther Add; 2743 Burden Ave; 86,140.00; $86,978.76; $838.76; $0.00; $838.76 1013253003; Duve, Jayne M; Lot 143 Bur- den & Lawther Add; 2739 Burden Ave; 84,020.00; $84,834.27; $814.27; $0.00; $814.27 1013253004; Wagener, Linda K; Lot 144 Burden & Lawther Add; 2735 Burden Ave; 76,280.00; $76,496.64; $216.64; $0.00; $216.64 42. Dittmer Recycling Incorporated - Recy- clables Processing Agreement: City Manager recommending approval of a five-year agree- ment with Dittmer Recycling Incorporated for processing and marketing the City’s collected recyclables. Upon motion the documents were received, filed and approved. 43. Signed Contracts: American Builders and Contractors (ABC) Supply Co., Inc., Sec- ond Amendment to Lease Agreement with the City of Dubuque; Iowa Department of Inspec- tions and Appeals Interagency Agreement with the City of Dubuque for Food Establishments; Selser Schaefer Architects for the Five Flags Theater and Ham House Masonry Projects; Top Grade Excavating Change Order for the Key West Drive Water Main Extension Project. Upon motion the documents were received and filed. 44. Improvement Contracts / Performance, Payment and Maintenance Bonds: Dan Arensdorf Construction, Inc. for the 2016 As- phalt Overlay Access Ramp Project One. Up- on motion the documents were received, filed and approved. 45. Alcohol and Tobacco License Applica- tions: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed and Reso- lution No. 245-16 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; and Resolution No. 246-16 Approving applications for retail ciga- rette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A were adopt- ed. Book 146 Regular Session, June 20, 2016 266 RESOLUTION NO. 245-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals 1st and Main, 101 Main St., Class C Liquor (Outdoor) (Sunday) Adobo's Mexican Grill, 756 Main St, Class C Liquor (Outdoor) American legion Post #6, 1308 Delhi St., Class C liquor (Catering) (Outdoor) (Sunday) Colts Community Center, 1101 Central Ave., Class C Liquor Creslanes Bowling, 255 South Main St., Class C (Sunday) Fischer Lanes, 880 Locust St., Class C Liquor (Sunday) Five Flags Center, 405 Main St., Class C Liq- uor (Catering) (Sunday) Keywest Conoco, 2150 Twin Valley Dr., Class E liquor, Class B Wine, Class C Beer (Sunday) Kwik Stop C-Store, 2335 University Ave., Class E liquor, Class B Wine, Class C Beer (Sunday) Kwik Star #495, 2685 Dodge St., Class C Beer, Class B Native Wine (Sunday) Los Azteca’s III Mexican Rest., 2345 NW Arte- rial, Class C Liquor (Outdoor) (Sunday) Paul's Tavern, 176 Locust St., Class C Liquor (Sunday) Pioneers Rest Stop, 4900 Old Highway Rd., Class C Beer (Sunday) Rotary Club of Dubuque, 135 W. 8th St., Spe- cial Class C Liquor (Outdoor) (Sunday) Adding Privilege Shenanigans Pub, 3203 Jackson St., Adding Outdoor from 6-24 to 6-26 1st and Main, 101 Main St., Adding Outdoor Special Event Dubuque Area Labor – SummerFest 8-12-16, Town Clock Plaza, Class B Beer (Outdoor) Faj Squad Pancreatic Cancer Walk/Run 7-2- 16, 6201 Chavenelle Rd., Class B Beer (Outdoor) Rotary Club of Dubuque 6-24-16, Port of Dubuque, Class C liquor (Outdoor) (Sun- day) Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 246-16 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; 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 oth- erwise 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 author- ized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Business Name, Business Address Beecher Co. Inc., 1691 Asbury Rd. Big 10 Mart #10, 1875 JFK Rd. Big 10 Mart #13, 2100 JFK Rd. Casey's General Store #2420, 2699 Rockdale Rd. Casey's General Store #2421, 4003 Peru Rd. Casey's General Store #3473, 1072 Cedar Cross Rd. Diamond Jo Casino, 301 Bell St. DK Auto, 500 Locust St. Dollar General Store #10074, 2400 Gateway Dr. Dollar General Store #6896, 605 West Locust St. Dollar General Store #7289, 3250 Kennedy Cir Ste 8 Dubuque Mining Co., 555 JFK Rd. #600 Eagle Country Market, 1800 Elm St. Family Dollar #1599, 2013 Central Ave. #4 Fareway Stores #114, 2050 John F. Kennedy Rd. Hammerheads Bar and Billiards, 2095 Kerper Blvd. Suite #2 Hartig Drug #2, 157 Locust St. Hartig Drug #3, 2255 John F. Kennedy Rd. Hartig Drug #4, 2225 Central Ave. Hartig Drug #8, 1600 University Ave. Book 146 Regular Session, June 20, 2016 267 Hy-Vee C Store #1, 3270 Dodge St. Hy-Vee Food Store #3, 400 S. Locust St. Hy-Vee Food Store #1, 3500 Dodge St. Hy-Vee Food Store #2, 2395 NW Arterial Hy-Vee Gas #2, 2435 NW Arterial Hy-Vee Gas #3, 300 S. Locust St. Hy-Vee Wine & Spirits #1, 3500 Dodge St. Iowa Street Market, 1256 Iowa St. Kmart #4018, 2600 Dodge St. Kwik Star #236, 2035 John F. Kennedy Rd. Kwik Star #495, 2685 Dodge St. Kwik Stop #300, 1215 East 16th St. Kwik Stop #325, 1210 E. 16th St. Kwik Stop #68, 1200 Cedar Cross Rd. Kwik Stop #72, 2255 Kerper Blvd. Kwik Stop #74, 2390 Central Ave. Kwik Stop #76, 2320 Hwy 61 Kwik Stop #78, 4039 Pennsylvania Ave. Kwik Stop #84, 2335 University Ave. Kwik Stop #848, 3201 Central Ave. Kwik Stop #858, 3340 JFK Rd. Kwik Stop #86, 2150 Twin Valley Dr. McCann's Service Inc., 690 West Locust St. Midwest Vapors, 2600 Dodge St. Suite B4 Monks Kaffee Pub, 373 Bluff St. Moondog Music, 806 Wacker Dr. #120 Mystique Casino, 1855 Greyhound Park Dr. Oky Doky #1, 250 West 1st St. Oky Doky #8, 535 Hill St. Paro Food Mart, 3200 Central Ave. Phillips 66/Arby's, 10 South Main St. Pioneer's Rest Stop, 4900 Old Hwy Rd. Plaza 20 BP, 2600 Dodge St. Port of Dubuque Marina, 450 East Third St. Road Ranger #5159, 2175 Central Ave. Ron's 5 Point Mart, 405 Rhomberg Ave. Ron’s Discount Smokes and Beverage Center, 3300 Asbury Rd. Sam's Club #4973, 4400 Asbury Rd. Sid's Beverage Store Inc., 2727 Dodge St. Spencer Gifts, LLC, 555 John F. Kennedy Rd. Super Stop III, 1101 Rhomberg Ave. The Altered State, 1533 Central Ave. The Great Vape, 3250 Central Ave. The Konnexion, 1099 University Ave. Tobacco Outlet Plus #504, 806 Wacker Dr. Suite 140 Vapor City Outlet, 3330 Asbury Rd. Walgreens #11942, 345 East 20th St. Walgreens #6154, 2260 John F. Kennedy Rd. Walgreens #9708, 55 John F. Kennedy Rd. Wal-Mart Supercenter # 2004, 4200 Dodge St. Walnut Tap, 709 University Ave. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Del Toro. Motion carried 6-0. 1. 210 Jones Street - Urban Revitalization Plan: City Manager recommending set a public hearing for August 1, 2016, on the adoption of an Urban Revitalization Plan for the 210 Jones Street Urban Revitalization Area. Upon motion the documents were received and filed and Resolution No. 247-16 Fixing the Date for a Public Hearing on the Matter of the Adoption of a Proposed Urban Revitalization Plan for the 210 Jones Street Urban Revitalization Area was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2016 in the Historic Federal Building. RESOLUTION NO. 247-16 FIXING THE DATE FOR A PUBLIC HEAR- ING ON THE MATTER OF THE ADOPTION OF A PROPOSED URBAN REVITALIZATION PLAN FOR THE 210 JONES STREET UR- BAN REVITALIZATION AREA Whereas, the City Council has determined that certain areas within the City of Dubuque can be revitalized and the potential for devel- opment enhanced by the adoption of an Urban Revitalization Plan as authorized by Chapter 404, Code of Iowa; and Whereas, the City Council approved Reso- lution 231-16 on June 6, 2016 finding that 210 Jones Street is appropriate as an economic development area and directed staff to prepare a proposed Urban Revitalization Plan for the 210 Jones Street Urban Revitalization Area; and Whereas, the adoption of the Urban Revi- talization Area Plan for 210 Jones Street, at- tached hereto, for such urban revitalization will result in the improvement of public health, safety and welfare of the residents of Dubu- que; and Whereas, before the Urban Revitalization Area Plan for 210 Jones Street can be adopt- ed, it is necessary that a public hearing be held thereon and that due notice be given in accordance with the requirements of Chapter 404, Code of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU- QUE, IOWA: Section 1. It is determined that it is in the best interests of the citizens of the City of Dubuque that the City Council hold a public hearing on the matter of the adoption of the Urban Revitalization Area Plan for 210 Jones Street on the 1st day of August, 2016 at 6:30 p.m., in the City Council Chambers, Historic Federal Building, 350 West 6th Street, Dubu- que, Iowa. The Clerk is hereby directed to pub- lish notice of such hearing at least once, not less than thirty days prior to the date of the Book 146 Regular Session, June 20, 2016 268 public hearing in the manner provided in Sec- tion 362.3 of the Code of Iowa. Section 2. The Clerk also shall, not less than thirty days prior to the public hearing, cause notice of said hearing to be given by ordinary mail at the last known addresses of the owners of record located in the 210 Jones Street Urban Revitalization Area. The Clerk shall also send notice by ordinary mail, ad- dressed to the occupants of all City addresses located within the 210 Jones Street Urban Revitalization Area proposed area, if such ad- dresses be available. Copies of the Urban Revitalization Area Plan for 210 Jones Street shall be made available to the public through the office of the Clerk. Section 3. The notice of the proposed hearing shall be in substantially the [Provided] form: Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Dubuque River Rides Docking Lease Agreement: City Manager recommending the City Council set a public hearing on the pro- posed Docking License Agreement with Dubu- que River Rides for July 5, 2016. Upon motion the documents were received and filed and Resolution No. 248-16 Resolution of Intent to dispose of an interest in City-owned real estate in the Dubuque Ice Harbor by Docking License Agreement to Dubuque River Rides, setting a time and place for hearing and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on July 5, 2016 in the His- toric Federal Building. RESOLUTION NO. 248-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL ESTATE IN THE DUBUQUE ICE HARBOR BY DOCKING LI- CENSE AGREEMENT TO DUBUQUE RIVER RIDES, SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUB- LICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa is the owner of the real property legally described as follows: Part of the Dubuque Ice Harbor Located in the West ½ of the NW ¼ Section 30 T89NR3E of the 5th PM. in the City of Dubuque, Iowa as shown on Exhibit A; and Whereas, Dubuque River Rides desires a docking license for part of the property as shown on Exhibit A for docking of vessels and other business activities upon the terms set forth in a Docking License Agreement which is on file at the office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, City and Dubuque River Rides have tentatively agreed to the terms of the Docking License Agreement, which among other things, provides for a term through April 30, 2021; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Docking License Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque in- tends to dispose of its interest in the following legally described property: Part of the Dubuque Ice Harbor Locat- ed in the West ½ of the NW ¼ Section 30 T89NR3E of the 5th PM. in the City of Dubuque, Iowa as shown on Exhibit A through a Docking License Agreement with Dubuque River Rides. Section 2. That the City Clerk is hereby au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the foregoing- described real property by Docking License Agreement, to be held on the 5th day of July, 2016, at 6:30 o’clock p.m. at the Historic Fed- eral Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments to the following commissions were made at this meeting. 1. Arts and Cultural Affairs Advisory Com- mission: Four, 3-year terms through June 30, 2019 (Expiring Arts Representative terms of O’Rourke-Rosenow, Riedel, Kluseman and Teckemeyer). All applicants applied for the Arts Representative designation. Applicants: Nicholas Bratcher, 610 West 5th St.; Bibi Burke, 1155 Arrowhead Dr.; Gail Chavenelle, 1155 Kelly Ln. (Additional Applicant); Ali Le- vasseur, 1318 Jackson St. (Additional Appli- cant); Marina O’Rourke-Rosenow, 2085 Mullin Rd.; Susan Riedel, 282 Kelly's Bluff St.; David Schmitz, 1270 Arrowhead Dr.; Mary Thomas Armstrong, 728 Alta Vista; Audrea Walsh, 803 Lincoln Ave.; Chad Witthoeft, 430 Alpine St. (Additional Applicant). Upon roll-call vote, Nicolas Bratcher (3), Susan Riedel (6), David Schmitz (6) and Mary Armstrong (3) were appointed to 3-year terms through June 30, 2019. (Bratcher = Jones, Lynch, Connors; Burke = Del Toro, Rios; Cha- venelle = Lynch; Levasseur = Connors; O’Rourke = Del Toro, Rios; Riedel = All; Book 146 Regular Session, June 20, 2016 269 Schmitz = All; Armstrong = Jones, Lynch, Buol; Walsh = 0; Witthoeft = 0) 2. Civic Center Advisory Commission: Two, 3-year terms through June 29, 2019 (Expiring terms of Bakke and Hill). Applicants: Rod Bakke, 3030 Karen St.; McKenzie Hill, 333 E. 10th St. #234. Motion by Lynch to appoint Mr. Bakke and Ms. McKenzie to 3-year terms through June 29, 2019. Seconded by Del Toro. Motion carried 6-0. 3. Historic Preservation Commission: One, 3-year term through July 1, 2018 (Vacant term of Krueger – At-Large); Two, 3-year terms through July 1, 2019 (Expiring terms of Kopczyk – Jackson Park District and Nieto – W. 11th District). Applicants: Alfred Kopczyk, 1320 Locust St. (Qualifies for Jackson Park District and At-Large); Juan Nieto, 510 W. 11th St (Qualifies for W. 11th District and At-Large); Leslie Terry, 390 Hill St. (Qualifies for At-Large only). Motion by Jones to appoint Leslie Terry to the 3-year, at-large term through July 1, 2018; Juan Nieto to the 3-year, 11th St. District term through July 1, 2019; and Alfred Kopczyk to the 3-year, Jackson Park District term through July 1, 2019. Seconded by Lynch. Motion carried 6-0. 4. Housing Commission: One, 3-year term through August 17, 2016 (Vacant term of Woods). Applicant: Wesley Heimke, 2350 Knob Hill Dr. Motion by Lynch to appoint Mr. Heimke to a 3-year term through August 17, 2016 (correct term date is 2016). Seconded by Rios. Motion carried 6-0. 5. Investment Oversight Advisory Commis- sion: One, 3-year term through July 1, 2019 (Expiring term of Reisdorf). Applicant: Stephen Reisdorf, 740 Brookview Sq. Motion by Lynch to appoint Mr. Reisdorf to a 3-year term through July 1, 2019. Seconded by Del Toro. Motion carried 6-0. 6. Library Board of Trustee: Two, 4-year terms through July 1, 2020 (Expiring terms of Connors and Allred). Applicants: Robert Arm- strong, 728 Alta Vista St.; Christina Monk, 2005 North Main St.; Irene Raby, 160 N. Al- gona St. (Additional Applicant). Upon Council concurrence, Mayor Buol appointed Mr. Arm- strong and Ms. Monk to 4-year terms through July 1, 2020. 7. Long Range Planning Advisory Com- mission: One, 3-year term through July 1, 2019 (Expiring term of Winterwood). Applicant: Charles Winterwood, 555 Montrose Ter. Mo- tion by Jones to appoint Mr. Winterwood to a 3-year term through July 1, 2019. Seconded by Lynch. Motion carried 6-0. 8. Parks and Recreation Advisory Com- mission: Three, 3-year terms through June 30, 2019 (Vacant term of Schlueter and Expiring terms of Larson and Lyness). Applicants: Rob- ert Blocker, 880 Kane St.; Richard Kirkendall, 1725 Alta Pl.; Katherine Larson, 2535 Traut Ter.; Karen Lyness, 89 Alpine St. Upon roll-call vote Mr. Kirkendall (4); Ms. Larson (6) and Ms. Lyness (6) were appointed to 3-year terms through June 30, 2019. (Blocker = Del Toro, Connors; Kirkendall = Rios, Jones, Lynch, Buol; Larson = all; Lyness = all) PUBLIC HEARINGS 1. Request to Rezone - W. 32nd Street Par- cel by Dubuque PONY League: Proof of publi- cation on notice of public hearing to consider a request by the Dubuque PONY League / Greg Yoko to rezone 77.37 acres of property located at W. 32 Street (PIN 10-15-276-004) at Carter Road from AG Agricultural to CR Commercial Recreation Zoning District and the Zoning Ad- visory Commission recommending denial (lack of affirmative votes). The City Clerk acknowl- edged receipt of correspondence from Greg Yoko requesting the request be returned to the Zoning Advisory Commission. Motion by Jones to refer the request back to the Zoning Adviso- ry Commission Seconded by Lynch. Motion carried 6-0. 2. Hodge Company Lease Agreement: Proof of publication on notice of public hearing to consider approval of a riverfront lease agreement with Hodge Company to lease 8.89 acres on Purina Drive and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 249-16 Approving the Disposal of an Interest in Real Property Owned by the City of Dubuque by Lease between the City of Dubuque, Iowa and Hodge Company. Se- conded by Jones. Motion carried 6-0. RESOLUTION NO. 249-16 APPROVING THE DISPOSAL OF AN IN- TEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BE- TWEEN THE CITY OF DUBUQUE, IOWA AND HODGE COMPANY Whereas, the City of Dubuque, Iowa is the owner of the real property legally described as follows: Lot 2 of Lot 10 and part of Lot 11 of Block 4 in Riverfront Sub. No. 2 in the City of Dubuque, Iowa (approximately 8.89 acres in total); and Whereas, Hodge Company desires to lease a part of the property as shown on Ex- hibit A for industrial uses, storage and ware- housing and other business activities upon the terms set forth in a Lease Agreement which is Book 146 Regular Session, June 20, 2016 270 on file at the office of the City Clerk, City Hall 13th and Central Avenue, Dubuque, Iowa; and Whereas, City and Hodge Company have agreed to the Lease Agreement, which among other things, provides for a term through Octo- ber 31, 2043; and Whereas, on June 20, 2016, the City Council pursuant to notice published as re- quired by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between the City and Hodge Company is hereby ap- proved. Section 2. The Mayor is authorized and di- rected to execute said Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Vacate Petition - Stone Valley Drive Right-of-Way: Proof of publication on notice of public hearing to consider approval of a re- quest from NEZTROP, LLC to vacate a portion of right-of-way of Stone Valley Drive in Stone Brook Center Second Addition and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 250-16 Vacating a por- tion of Stone Valley Drive between U.S. High- way 20 and Boulder Brook Court to be known as Lot 1 of Lot A of Stone Brook Center Sec- ond Addition, in the City of Dubuque, Iowa; and Resolution No. 251-16 Disposing of City Interest in Lot 1 of Lot A of Stone Brook Center Second Addition, in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 250-16 VACATING A PORTION OF STONE VALLEY DRIVE BETWEEN U.S. HIGHWAY 20 AND BOULDER BROOK COURT TO BE KNOWN AS LOT 1 OF LOT A OF STONE BROOK CENTER SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, NEZTROP LLC has requested the vacating of a portion of Stone Valley Drive between U.S. Highway 20 and Boulder Brook Court in the City of Dubuque, Dubuque Coun- ty, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa a plat dated May 13, 2016 prepared by AECOM, describing the proposed vacated street right of way, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 10th day of June, 2016, the City Council of the City of Dubuque, Iowa met on the 20th day of June, 2016, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa has determined that the pro- posed vacated portion of the Stone Valley Drive Right of Way to be known as Lot 1 of Lot A of Stone Brook Center Second Addition, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 1 of Lot A of Stone Brook Center Sec- ond Addition, City of Dubuque, Dubuque County, Iowa be and the same is hereby va- cated. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 251-16 DISPOSING OF CITY INTEREST IN LOT 1 OF LOT A OF STONE BROOK CENTER SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 10th day of June, 2016, the City Council of the City of Dubuque, Iowa met on the 20th day of June, 2016, at 6:30 p.m. in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate de- scribed as: Lot 1 of Lot A of Stone Brook Center Second Addition, in the City of Dubu- que, Iowa Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Lot A of Book 146 Regular Session, June 20, 2016 271 Stone Brook Center Second Addition, in the City of Dubuque, Iowa Dubuque County, Iowa to NEZTROP LLC be and the same is hereby approved, subject to the conditions of an Agreement between the City and NEZTROP LLC. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of convey- ance to NEZTROP LLC. 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 Recorder and Dubuque County Auditor. Passed, approved and adopted this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. 30-Inch Force Main Relocation Project from 7th Street to 12th Street (Phase II): Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost for Phase II of the 30-Inch Force Main Relocation Project from 11th Street to 12th Street and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 252-16 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for Phase II of the 30-Inch Force Main Relocation Project from 11th Street to 12th Street. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 252-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR PHASE II OF THE 30 INCH FORCE MAIN RELOCATION PROJECT FROM 11TH STREET TO 12TH STREET NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for Phase II of the 30 inch Force Main Relocation Project from 11th Street to 12th Street, in the estimated amount $347,197.50, are hereby approved. Passed, adopted and approved this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Reallocation of Series 2012H General Obligation Bond Proceeds: Proof of publication on notice of public hearing to consider the real- location of not-to-exceed $500,000 of the un- spent proceeds of the General Obligation Bond Series 2012H from the renovation of the second floor of the Multicultural Family Center to fund the acquisition of the Colts Drum & Bugle Corps building at 1101 Central Avenue and the City Manager recommending approv- al. Motion by Jones to receive and file the documents and adopt Resolution No. 253-16 Instituting Proceedings to Take Additional Ac- tion and Approving the Reallocation of Certain Unspent Proceeds of the General Obligation Bonds, Series 2012H, of the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 253-16 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UN- SPENT PROCEEDS OF THE GENERAL OB- LIGATION BONDS, SERIES 2012H, OF THE CITY OF DUBUQUE, IOWA Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to in- stitute proceedings for the reallocation of cer- tain unspent proceeds, in the amount of not to exceed $500,000 (the "Unspent Proceeds") of the General Obligation Bonds, Series 2012H, of the City of Dubuque, Iowa in order to pro- vide funds to pay costs of funding the acquisi- tion of the Colts Drum & Bugle Corps building at 1101 Central Avenue (from the Series 2012 Bonds), and has considered the extent of ob- jections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional ac- tion for the reallocation of the Unspent Pro- ceeds of the General Obligation Bonds, Series 2012H, for the foregoing purpose, and the reallocation of the Unspent Proceeds to pay costs of funding the acquisition of the Colts Drum & Bugle Corps building at 1101 Central Avenue (from the Series 2012 Bonds), is in all respects authorized and approved. Section 2. The Finance Director is author- ized and directed to take such action as may be necessary to effect and implement the foregoing reallocation of the Unspent Pro- ceeds to pay costs of funding the acquisition of the Colts Drum & Bugle Corps building at 1101 Central Avenue (from the Series 2012 Bonds), and to cause the records and accounts of the City to reflect the same. Passed and approved this 20th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, June 20, 2016 272 PUBLIC INPUT Public comment was received relating to the Action Item #1 on the Integrated Pest Management Program: Carolyn Pettit-Lange, 549 Almond St.; Hillary Baker, 2575 Broadway St.; Brian Blair and Noah Blair, 3895 Creston St.; and Mary Loney Bichell, 595 W. 11th St. addressed the City Council about their con- cerns with the use of pesticides and toxic chemicals in public parks/areas, with some requesting a broader ban on chemicals, citing related personal health issues, stating that the Integrated Pest Management Program is a good beginning, and endorsing ongoing com- mittee work. Ms. Lange submitted an on-line petition requesting a ban on toxic pesticides from Dubuque Public Spaces. ACTION ITEMS 1. Integrated Pest Management Program and Presentation (IPM): City Manager recom- mending adoption of an Integrated Pest Man- agement Program. Staff will make a presenta- tion. Restated motion by Lynch to Receive and file the documents and approve the recom- mendation. Seconded by Jones. Motion car- ried 6-0. City staff members Sustainability Co- ordinator Cori Burbach, Leisure Services Man- ager Marie Ware, Health Services Manager Mary Rose Corrigan, Jeff Ahlers, Public Works Director John Klostermann, Recreation Divi- sion Manager Dan Kroger, and Parks Division Manager Steve Fehsal provided a presentation on the IPM with topics including back- ground/history of the IPM work group, current and adjusted city practices, state/federal regu- lations, budget impact and public educa- tion/information. 2. Definition of Related Party Transaction: City Manager recommending approval of a resolution defining “direct and indirect interest” to include spouse and unemancipated minor children of a City employee or officer for relat- ed party transactions. Motion by Lynch to re- ceive and file the documents and adopt Reso- lution No. 254-16 Approving the definition of a direct or indirect interest for purposes of Iowa Code § 362.5 Prohibiting a City Officer or em- ployee from having a “direct or Indirect inter- est” in a contract with the City. Seconded by Rios. Motion carried 6-0. RESOLUTION NO. 254-16 APPROVING THE DEFINITION OF A DI- RECT OR INDIRECT INTEREST FOR PUR- POSES OF IOWA CODE § 362.5 PROHIBIT- ING A CITY OFFICER OR EMPLOYEE FROM HAVING A “DIRECT OR INDIRECT INTEREST” IN A CONTRACT WITH THE CITY Whereas the Iowa Code §362.5 prohibits a city officer or employee from having a “direct or indirect interest” in a contract with the city; and Whereas, Iowa Code § 362.5 does not de- fine “direct or indirect interest”; and Whereas, the City Council has determined that a definition of “direct or indirect interest” should be adopted for purposes of the City’s annual financial audit. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. For purposes of the City’s annu- al financial audit, “direct or indirect interest” in Iowa Code § 362.5 means: • Spouse; and • Unemancipated minor children of a city employee or officer. Passed, approved and adopted this 6th day of June, 2016 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Comprehensive Plan Update Contract: City Manager recommending approval of the selection of Teska Associates as the consult- ant to undertake the City of Dubuque Compre- hensive Plan Update. It is further recommend- ed that the City Manager be authorized to ne- gotiate a contract with Teska Associates, with plan documents completed and ready for adoption by August 30, 2017. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 6-0. 4. Contracted Services Agreement - Greater Dubuque Development Corporation for Fiscal Year 2017: City Manager recom- mending approval of a contracted Services Agreement with Greater Dubuque Develop- ment Corporation for Fiscal Year 2017 and amendment to the Fiscal Year 2016 funding. Motion by Jones to receive and file the docu- ments and approve the recommendation. Se- conded by Lynch. Motion carried 6-0. 5. Request for Proposals - Commercial Real Estate: City Manager recommending approval to release a Request for Proposals for real estate services related to properties owned by the City of Dubuque. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Rios. Motion carried 6-0. 6. Code of Ordinances Amendment - Title 4 Chapter 7 Vehicles for Hire and Public Transportation: City Manager recommending approval of amendments to Title 4, Business and License Regulations, Chapter 7, Vehicles Book 146 Regular Session, June 20, 2016 273 for Hire and Public Transportation, Article B, Motorized Vehicles for Hire, Section 4-7B-8. Motion by Jones to receive and file the docu- ments and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Motion carried 6- 0. Motion by Jones for final consideration and passage of Ordinance No. 29-16 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 7 Vehicles for Hire and Public Transportation, Article B Motorized Vehicles For Hire, Section 4-7b-8 Taxicab Business License and Taxicab Driver’s Permit to Include Ineligibility Criteria for a Taxicab Driver’s Permit and Additional Reasons for Denial, Suspension, or Revoca- tion of a Taxicab Driver’s Permit. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 29-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 7 VEHI- CLES FOR HIRE AND PUBLIC TRANSPOR- TATION, ARTICLE B MOTORIZED VEHI- CLES FOR HIRE, SECTION 4-7B-8 TAXICAB BUSINESS LICENSE AND TAXICAB DRIV- ER’S PERMIT TO INCLUDE INELIGIBILITY CRITERIA FOR A TAXICAB DRIVER’S PERMIT AND ADDITIONAL REASONS FOR DENIAL, SUSPENSION, OR REVOCATION OF A TAXICAB DRIVER’S PERMIT Section 1. Section 4-7B-8 of the City of Dubuque Code of Ordinances is amended to read as follows: 4-7B-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT: . . . . B. Driver's Permit Requirements; Fee: 1. Permit Required: No person may drive a taxicab for hire upon the streets of the city and no person who owns or controls a taxicab may allow it to be so driven, unless the driver of said taxicab holds a valid taxicab driver's permit issued under the provisions of this article. 2. Application For Driver's Permit: a. An application for a taxicab driver's permit must be filed with the city clerk's office on a form provided by the city clerk. b. An applicant must have, at a mini- mum, a valid Iowa class D-3 chauffeur's license or equivalent license issued by another state to obtain a taxicab driver's permit. Temporary restricted licenses or work permit privileges are not suf- ficient to obtain a taxicab driver's permit. c. An applicant will be ineligible for a taxicab driver’s permit if any of the following apply: (1) The applicant is restricted to op- erating motor vehicles equipped with an ignition interlock device. (2) The applicant’s driving privileges have been suspended, revoked, barred, canceled, denied, or disqualified in the prior three- year period. (3) The applicant has been convict- ed of more than three moving violations in the prior three-year period. (4) The applicant has been convict- ed of violating section 321.218, 321.277, or 321J.21, or section 321A.32, subsection 1, in the prior three-year period. (5) The applicant has been convict- ed in the prior seven-year period of a felony, of violating section 321J.2 or 321J.2A, or of any crime involving injury to another person, damage to the property of another person, or operating a vehicle in a manner that en- dangers another person. (6) The applicant is registered on the national sex offender regis- try. d. The chief of police will investigate each applicant for a taxicab driv- er's permit and a report of such investigation will be attached to the application for consideration by the city clerk. Such report will state whether the applicant has, at a minimum, a valid Iowa class D-3 chauffeur's license or equiva- lent license issued by another state. 3. Consideration Of Application: The city clerk will, in consultation with the chief of police and upon consid- eration of the application and the required reports attached thereto, approve or reject the application. 4. Issuance Of Permit; Duration; Annu- al Fee: a. Upon approval of an application for a taxicab driver's permit, the city clerk will issue a permit to the ap- plicant upon the payment of the fee as established by the city manager or the city manager's designee. Such permit will be in effect for the remainder of the calendar year. The permit must be renewed every calendar year Book 146 Regular Session, June 20, 2016 274 thereafter upon the payment of the fee as established by the city manager unless the license for the preceding year is suspended or has been revoked. b. The driver must wear the taxicab driver's permit upon the clothing of the driver at all times while op- erating the taxicab. 5. Compliance With City, State, And Federal Laws: A taxicab driver permitted under this article must comply with all city, state, and fed- eral laws. 6. Denial, Suspension, Or Revocation Of Permit: a. The city clerk may deny, suspend, or revoke a taxicab driver's permit for good cause, including, but not limited to, any of the following: (1) Failure or refusal to comply with the provisions of this article; (2) The taxicab driver is restricted to operating motor vehicles equipped with an ignition inter- lock device; (3) The taxicab driver’s driving privi- leges have been suspended, revoked, barred, canceled, de- nied, or disqualified in the prior three-year period; (4) The taxicab driver has been convicted of more than three moving violations in the prior three-year period; (5) The taxicab driver has been convicted of violating section 321.218, 321.277, or 321J.21, or section 321A.32, subsection 1, in the prior three-year period; (6) The taxicab driver has been convicted in the prior seven- year period of a felony, of violat- ing section 321J.2 or 321J.2A, or of any crime involving resist- ing law enforcement, dishones- ty, injury to another person, damage to the property of an- other person, or operating a ve- hicle in a manner that endan- gers another person; (7) The taxicab driver is registered on the national sex offender reg- istry; (8) Misrepresentation on the appli- cation for a taxicab driver's permit; or (9) Violations against or loss, deni- al, suspension, or revocation of a taxicab driver's state of Iowa class D-3 chauffeur's license or equivalent license issued by an- other state. b. Prior to suspension or revoca- tion, the taxicab driver must be given not less than ten (10) days' written notice by the city clerk. c. In the event of such denial, suspension, or revocation of a taxicab driver's permit, no oth- er taxicab driver's permit will be issued to such person for a period of two (2) years there- after. 7. Appeal: Within ten (10) days after written notice of the denial, suspen- sion, or revocation of a taxicab driver's permit, a taxicab driver may file with the city clerk a written no- tice of appeal to the city manager from such revocation, suspension, or denial. The city manager must provide the taxicab driver with no- tice and an opportunity to be heard on the issue of whether the taxicab driver's permit was properly re- voked, suspended, or denied. 8. Personal Nature; Transferability: The taxicab driver's permit is personal to the driver and may not be sold, as- signed, mortgaged, or otherwise transferred. 9. Job Change: The taxicab driver's permit remains valid and personal to the driver through a change of employment. If a taxicab driver be- comes employed by another taxi- cab company after the issuance of the taxicab driver's permit, such a change of employment must be re- ported to the city clerk within four- teen (14) days. 10. Property of City Clerk Upon Loss: If any taxicab driver's permit issued under this article is lost or mislaid, the taxicab driver must report such fact to the city clerk immediately. A duplicate permit will be issued upon payment of the fee as established by the city manager. 11. Reporting Requirements: If sus- pension, revocation, or any other disciplinary action is taken against a taxicab driver's state of Iowa class D-3 chauffeur's license or equiva- lent license issued by another state, the taxicab driver must report such action to the city clerk's office. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the 20th day of June, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Book 146 Regular Session, June 20, 2016 275 Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 7. Code of Ordinances Amendment - Title 6 International Property Maintenance Code Amendments: City Manager recommending approval of an ordinance which amends Ordi- nance 8-16 by adjusting the notice of violation provision, adding definitions for “Building Offi- cial” and “Code Official”, and modifying the Housing Board of Appeal provisions to be con- sistent with the provisions for other boards and commissions of the City. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 30-16 Amending Ordinance 8-16 which repealed Title 6, Chap- ter 6 of the City of Dubuque Code of Ordi- nances and all other Ordinances or parts of laws in conflict therewith; adopted the 2015 Edition of the International Property Mainte- nance Code, regulating and governing the conditions and maintenance of all property, buildings, and structures; provided the stand- ards for supplied utilities and facilities and oth- er physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and condemning build- ings 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 Provi- sions to be consistent with the provisions for other Boards and Commissions of the City. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 30-16 AMENDING ORDINANCE 8-16 WHICH RE- PEALED 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 IN- TERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS, AND STRUCTURES; PROVIDED THE STAND- ARDS FOR SUPPLIED UTILITIES AND FA- CILITIES 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 OCCU- PANCY 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 NO- TICE OF VIOLATION PROVISION, ADDING DEFINITIONS FOR BUILDING OFFICIAL AND CODE OFFICIAL, AND MODIFYING THE HOUSING BOARD OF APPEAL PRO- VISIONS TO BE CONSISTENT WITH THE PROVISIONS FOR OTHER BOARDS AND COMMISSIONS OF THE CITY NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Section 1. Ordinance No. 8-16 is amended to read as follows: Section 2. That the current Title 6, Chapter 6 of the City of Dubuque Code of Ordi- nances and all other ordinances or parts of laws in conflict herewith are hereby repealed. Section 3. The City of Dubuque Code of Ordinances is amended by adding the following new Title 14, Chapter 1, Arti- cle J: 14-1J-1: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED: That a certain document, copies of which are on file in the office of the Build- ing Services Department and Housing and Community Development Department, be- ing marked and designated as the Interna- tional Property Maintenance Code, 2015 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dubuque as Title 14, Chapter 1, Article J, in the State of Iowa for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that struc- tures are safe, sanitary and fit for occupa- tion and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provid- ed; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, pen- alties, conditions and terms of said Proper- ty Maintenance Code on file in the offices of the Building Services and Housing and Community Development Departments are hereby referred to, adopted, and made a Book 146 Regular Session, June 20, 2016 276 part hereof, as if fully set out in this legisla- tion, with the additions, insertions, dele- tions and changes, if any, prescribed in Section 3 of this ordinance. 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMEND- MENTS: The following additions, deletions, mod- ifications, or amendments of the Interna- tional Property Maintenance Code, 2015 edition, adopted in Section 14-1J-1 of this article to read as follows: Section 101.1. Insert: City of Dubuque Section 103.5. Fees. Amended to read: 103.5. Fees. The fees for activities and services performed by the Housing and Community Development De- partment and Building Services De- partment will be established by res- olution of the City Council. Section 104.2. Inspections. Amended to read: 104.2. Inspections. A. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such ap- proved agency or by the respon- sible individual. The code official is authorized to engage such ex- pert opinion as deemed neces- sary to report upon unusual tech- nical issues that arise, subject to the approval of the appointing au- thority. B. Required inspections: 1. When requested and approved by the property owner, manag- er, licensed real estate profes- sional, or occupant; or 2. When the code official has rea- son to believe there is a viola- tion of the Property Mainte- nance Code; or 3. When, upon inspection, a viola- tion of the Property Mainte- nance Code is found, and notice and order to correct is given, the premises is subject to re- inspection to determine if the required corrections have been made; or 4. When the premises is located in any area designated by the city for comprehensive block en- forcement of the Property Maintenance Code; or 5. Presale and/or mortgage inspec- tion: Whenever a person re- quests presale, pre-loan or oth- er housing inspection; or 6. Licensed rental units: a. All rental units are subject to regular inspection and follow up re-inspection as necessary. b. Not less than seven (7) calen- dar days prior to a scheduled inspection, the city will by reg- ular mail to the license holder and any known tenants notice of the date and time of a scheduled inspection. If the li- cense holder or an authorized representative of the license holder is not present at the time of the scheduled inspec- tion and the inspector is una- ble to obtain entry to the rental unit, a second inspection will be scheduled. (1) The license holder may can- cel a scheduled inspection once without payment of a rescheduling fee, provided the city manager or the city manager's designee is noti- fied of the cancellation not less than two (2) business days prior to the scheduled inspection. Section 106.2. Notice of violation. Amend- ed to read: 106.2. Notice of violation. A notice of violation is not required in every situ- ation and city staff may issue a munici- pal infraction without previously issuing a notice of violation. The code official may serve a notice of violation or order in accordance with Section 107. Section 107.1. Notice to Person Re- sponsible. Amended to read: 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice may be given in the manner prescribed in Sec- tions 107.2 and 107.3 to the person re- sponsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Sec- tion 108.3. Section 111.1. Application for appeal. Amended to read as follows: 111.1. Application for appeal. A. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to ap- peal to the applicable board of appeals, provided a written appli- cation for appeal is filed within 20 Book 146 Regular Session, June 20, 2016 277 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true in- tent of this code or the rules legal- ly adopted thereunder have been incorrectly interpreted, the provi- sions of this code do not fully ap- ply, or the requirements of this code are adequately satisfied by other means. B. There will be two boards for hear- ing appeals on matters covered by the Property Maintenance Code. 1. The Building Code Advisory and Appeal Board will hear appeals related to matters under the purview of the Building Services Department including, but not limited to residential, multi- residential, commercial, and in- dustrial property. The Building Code Advisory and Appeal Board will use the provisions of 14-1A-6 for the handling of ap- peals. 2. The Housing Board of Appeals will hear appeals related to mat- ters under the purview of the Housing & Community Devel- opment Department, including but not limited to residential property and rental housing. The Housing Board of Appeals will use the provisions of 14-1J- 7 for the handling of appeals. Sections 111.2 through 111.8 replaced with City of Dubuque Code of Ordi- nances Section 14-1J-7. Section 202. Definitions. Amended to add definitions for Building Official, Elevated Blood Level and Lead Based Pain and modify the definition of Code Official and habitable space: BUILDING OFFICIAL. See “CODE OFFI- CIAL”. CODE OFFICIAL. The officer, officers, or other designated authorities charged with the administration and enforce- ment of this code, or a duly authorized representative. Any reference to “BUILDING OFFICIAL” in this code re- fers to “CODE OFFICIAL”. ELEVATED BLOOD LEVEL: A confirmed concentration of lead in whole blood of 20 .g/dl (micrograms of lead per decili- ter of whole blood) or greater for a sin- gle test; or of 15-19 .g/dl in two (2) con- secutive tests three (3) to four (4) months apart. HABITABLE SPACE: Space in a structure for living, sleeping, or eating. Bath- rooms, toilet rooms, closets, halls, stor- age or utility spaces, and similar areas are not considered habitable spaces. LEAD BASED PAINT: A paint surface, whether or not defective, identified as having a lead content greater than or equal to one mg/cm2 (milligrams per centimeter squared) as identified by X- ray fluorescence analyzer; or five tenths percent (0.5%) by weight; or five thousand (5,000) parts per million (ppm). Section 302.3. Sidewalks and driveways. Amended to read: 302.3. Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be maintained in accordance with Title 10, Chapter 1 of the City of Dubuque Code of Ordinances and the City of Dubuque’s standards for defective sidewalks. Section 302.4. Weeds. Amended to read: 302.4. Weeds. Premises and exte- rior property shall be maintained in ac- cordance with Section 6-8-2 of the City of Dubuque Code of Ordinances. Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease agreement, in certain circum- stances, with a tenant for mainte- nance in which case a tenant will be responsible for complying with Sec- tion 6-8-2. City will provide a lease addendum documenting the agree- ment for use by landlords. If a land- lord prefers to use a different form, upon request of the City a landlord must provide a copy of the written lease agreement to the code official. Section 302.8. Motor vehicles. Amended to read: 302.8. Motor vehicles. See Sections 16-7-1-3 and 16-14-5 of the City of Dubuque Code of Ordinances. Section 304.2. Protective treatment. Amended to read: 304.2. Protective treatment. Exteri- or surfaces, including but not limited to, doors, door and window frames, cor- nices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those be- tween the building envelope and the perimeter of windows, doors and sky- lights, shall be maintained weather re- Book 146 Regular Session, June 20, 2016 278 sistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corro- sion. Oxidation stains and rust shall be removed from exterior surfaces when oxidation stains or rust compromises the function of the building component to perform as designed. Surfaces de- signed for stabilization by oxidation are exempt from this requirement. Section 304.3. Address Identification. Amended to add: Exception: The Fire Official may approve nonconforming address identi- fication. Section 304.14. Insect screens. Insert: May 1 to November 1. Section 304.18.1. Doors. Amended to read: 304.18.1. Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort. Such locks shall be installed according to the man- ufacturer’s specifications and main- tained in good working order. Section 305.3. Interior surfaces. Amended to read: 305.3. Interior surfaces. A. Interior surfaces, including win- dows and doors, shall be main- tained in good, clean and sanitary condition. Peeling, chipping, loose, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plas- ter, decayed wood and other de- fective surface conditions shall be corrected. B. All residential properties receiving federal assistance must be in compliance with the Lead Safe Housing Rule at 24 CFR 35 and the Lead Based Paint Poisoning Prevention Act at 42 USC 4822. The owner of federally assisted units must provide certification that the dwelling is in accordance with said regulations. If the feder- ally assisted unit was constructed prior to 1978, upon occupancy a notice must be provided which outlines the lead based paint reg- ulations, the hazards of lead based paint poisoning, the symp- toms and treatment of lead poi- soning, and the precautions to be taken against lead poisoning. C. All residential property must com- ply with the Residential Lead- Based Paint Hazard Reduction Act of 1992, requiring the disclo- sure of known information on lead-based paint and lead-based paint hazards before the sale or lease of certain housing built be- fore 1978. Section 308.2.1. Rubbish storage facilities. Amended to add: Exception: Pursuant to Iowa Code §562A.15 a landlord may enter into a lease agreement, in certain circum- stances, with a tenant for mainte- nance in which case a tenant will be responsible for compliance with this provision. City will provide a lease addendum documenting the agree- ment for use by landlords. If a land- lord prefers to use a different form, upon request of the City a landlord must provide a copy of the written lease agreement to the code official. Section 404.4.2. Deleted. Section 404.4.3. Water closet accessibility. Amended to read as follows: 404.4.3. Water closet accessibility. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. Section 602.3. Heat Supply. Insert: Sep- tember 15 to May 15 Section 602.4. Occupiable work spaces. Insert: September 15 to May 15 Section 602.5. Room temperature meas- urement. Amended to read: 602.5. Room temperature measure- ment. The required room temperatures shall be measured three (3) feet above the floor, at the inside wall. Section 605.2. Receptacles. Amended to add: Exception: In lieu of every habitable space in a dwelling containing two separate and remote receptacle out- lets, one receptacle and a separate permanently installed light fixture is allowable. Appendix A: Deleted. 14-1J-3: RENTAL LICENSES: A. Rental License Required: No property owner, manager, or licensed real estate professional may let to another for rent and/or occupancy any dwelling, dwell- ing unit, housekeeping unit, rooming house, rooming unit, or sleeping unit, as defined by the Property Mainte- nance Code and hereinafter cumula- tively referred to as “rental unit” in the city unless such person holds a current rental license issued by the city man- Book 146 Regular Session, June 20, 2016 279 ager in the name of the property owner, manager, or licensed real estate pro- fessional for the specific rental unit. B. Application Requirements: Completion of a rental license application must be made by the property owner, manager, or licensed real estate professional and must include, but is not limited to the following information: 1. Address of the rental unit(s), in- cluding correct unit identifica- tions 2. Number and type of rental units in the structure 3. Owner’s Name and contact in- formation, including a. Mailing address b. Telephone number during nor- mal business hours c. Telephone number in the event of an emergency d. Email address, if available 4. If the property owner has re- tained a property manager the property owner must provide the following information: a. Property manager’s name b. Property manager’s mailing address c. Property manager’s telephone number during normal busi- ness hours d. Property manager’s telephone number in the event of an emergency e. Property manager’s email ad- dress, if applicable f. A statement that the property manager or real estate pro- fessional has the same au- thority and responsibility as the property owner for main- taining the rental unit(s). 5. The property owner, manager, or licensed real estate professional must designate a responsible agent to represent the property owner, manager, or licensed re- al estate professional whenever the property owner, manager, or licensed real estate professional is not available for maintenance of the dwelling for which a li- cense is sought. The agent must have the same authority and responsibility as the proper- ty owner for maintaining the rental unit(s). C. Duty to report changes. The prop- erty owner or registered manager or real estate professional is re- sponsible to inform the City of any subsequent changes to any in- formation on the rental license application which has changed at the time of such changes, any at any time changes occur after the initial registration. D. Rental License Fees: The City Council, by resolution, establishes a fee schedule to defray the costs of inspections, enforcement, and administration of the provisions of this code. E. Rental license term. 1. Rental licenses will be issued for a term of one year. A rental li- cense issued during the course of the year will be put on the standard cycle for rental license expiration which may result in a prorated rental license term of less than one year. 2. If a property owner, manager, or licensed real estate professional is designated a priority category under section 14-1J-4 of this chapter, the city manager may reduce the term of the rental li- cense from an annual license to a quarterly license until such time as the priority category has gone twelve (12) consecutive months without a violation which would qualify the individual for priority category status. F. Annual license renewal. 1. Rental licenses must be renewed annually, upon notice issued by the city manager to the property owner or registered manager or licensed real estate professional holding the rental license(s). 2. Application for renewal of a rental license may be made within six- ty (60) days prior to the expira- tion of an existing rental license. 3. Application for renewal of rental licenses will be sent at the be- ginning of each calendar year and must be remitted within six- ty (60) days. G. Renewal fees due. Renewal fees will be invoiced at the beginning of each calendar year and must be remitted within sixty (60) days. Failure to pay required fees is a violation of this code and may re- sult in monetary penalties, license suspension, license revocation, issuance of a notice to vacate to tenants, and/or issuance of mu- nicipal infractions. H. Rental license not transferable. Rental licenses are not transfera- ble from one property to another. Book 146 Regular Session, June 20, 2016 280 Rental licenses are not transfer- rable from one owner to another in the event of property sale. It is the responsibility of the property owner, manager, or licensed real estate professional holding a rental license to provide the city manager written notice, within five (5) working days, of transferring or otherwise disposing of owner- ship or control of the property. The notice must include the avail- able information on the buyer. It is the responsibility of the property buyer to license the property in his/her name or company name. I. Conditions of rental licenses: The city manager is hereby authorized to issue and renew a rental li- censes in the name of the appli- cant property owner, manager, or licensed real estate professional, provided the following criteria are met: 1. Property Maintenance Code Warranty. The rental unit is war- ranted by the property owner, manager, or licensed real estate professional to substantially comply with the Property Maintenance Code. 2. Fees. All fees required pursuant to the issuance of a rental li- cense are paid in full to the city. 3. Successful Rental Property Man- agement Class: a. The property owner or manager has completed the Successful Rental Property Management class (the Program) or a pro- gram of continuing education approved by the city manager. b. Until such time as the property owner or manager has com- pleted the program or an equivalent program of continu- ing education approved by the city manager, only a tempo- rary rental license may be is- sued. c. A property owner or manager who has completed the pro- gram since 2000 according to the city's records, or who can provide other proof of comple- tion, will be exempted from this requirement. d. Licensed real estate profes- sionals are exempted from the program attendance require- ment. e. The city manager may waive the Program requirement up- on the submission of a written request by a property owner, manager, or licensed real es- tate professional and after finding that: (1) The property is properly li- censed by the city of Dubu- que; (2) The property has no history of priority category designa- tion or any founded code violations within the previous twelve (12) months; and (3) A waiver will not provide the property owner with an un- fair advantage in a competi- tive real estate market. 4. Criminal Background Checks: a. The property owner, manager, or licensed real estate profes- sional agrees to conduct background checks for all pro- spective tenants whose ten- ancy commences on or after July 1, 2011. A background check may be performed us- ing the city's free background check service or by another background check service ap- proved by the city manager. b. The city manager may waive the criminal background check requirement upon the submis- sion of a written request by a property owner, manager, or licensed real estate profes- sional and after a finding that: (1) The property is properly li- censed by the city of Dubu- que; (2) The property has no history of priority category designa- tion or any founded code violations within the previous twelve (12) months; and (3) A waiver will not create a danger to nearby residents. J. Suspension and Revocation of rental license. 1. The city manager may, for good cause, suspend or revoke a rental license for a rental unit, and in the case of a multi-family dwelling, suspend the license as to one or more rental units for a period not to exceed one year for any of the following: a. Conviction, judgment, plea of guilty, or finding of guilt of the licensee for violation of any provision of the Property Maintenance Code; Book 146 Regular Session, June 20, 2016 281 b. Misrepresentation by the licen- see of any material fact in the application for a rental license; c. Refusal by the licensee to per- mit inspection of the licensed rental unit(s) by authorized city personnel; d. Nonpayment of the fee for re- newal of the rental license; e. Failure to attend the Successful Rental Property Management class; or f. Failure to perform a required criminal background check on an applicant for tenancy after July 1, 2011. g. Failure of a priority category to comply with an inspection schedule or pay inspection fees. Tenants will be relocated from the rental unit at the pri- ority category's expense. 2. Prior to any suspension or revo- cation under this subsection, the city manager must give notice in writing to the property owner, manager, or licensed real estate professional and provide for an opportunity to appeal. 3. During the period of revocation or suspension, a unit for which the rental license was suspended or revoked may not be relicensed. 4. The city manager shall cause to be issued to the licensee a no- tice that the license is suspend- ed or revoked, setting forth the reason(s) therefor. The notice shall be sent by certified United States mail to the licensee at the address on file with the city manager. 5. Appeal. The licensee may appeal the decision of the city manager to the housing code appeals board. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation. 6. Upon suspension or revocation the city manager must give writ- ten notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within a time frame determined by the city manager. Any tenant who fails to vacate the premises after such time shall be subject to penalties under Title 1, Chapter 4 of the city code. K. Relationship of rental license to other codes: The issuance of a rental license for a rental unit does not in any way signify or im- ply the rental unit conforms with Iowa law or the city code, nor does the issuance of a license re- lieve the property owner, manag- er, or licensed real estate profes- sional of the responsibility for compliance with applicable Iowa law and the city code. 14-1J-4: PRIORITY CATEGORY: A. Priority Category Designated: The city manager may designate a property owner, manager, or li- censed real estate professional a priority category for purposes of the housing code if three (3) times within a period of twelve (12) con- secutive months the property owner, manager, or licensed real estate professional: 1. Has a rental license suspended; 2. Has a rental license revoked; 3. Is noncompliant with housing code orders in excess of ninety (90) days without either an ex- tension of time or variance from the housing code appeals board or good faith progress as de- termined by the city manager; 4. Fails to perform a mandated criminal background check on a tenant; or 5. Receives a citation for a housing code violation. B. Notice Of Priority Category Status: Whenever the city manager des- ignates a property owner, manag- er, or licensed real estate profes- sional to be a priority category under subsection A of this sec- tion, the city manager must give notice of the designation to the property owner, manager, or li- censed real estate professional responsible. Each notice must: 1. Be in writing; 2. Include a listing of the basis for designating the property owner, manager, or licensed real estate professional a priority category; 3. Be served upon the property owner, manager, or licensed re- al estate professional by deliver- ing the same at the property owner, manager, or licensed re- al estate professional's resi- dence, office, or place of busi- ness in person or by mailing by certified mail or regular mail to such address. All such mail must bear indicia requesting re- turn to sender or forwarding ad- Book 146 Regular Session, June 20, 2016 282 dress if not deliverable as ad- dressed; and 4. Contain a statement that: a. The property owner, manager, or licensed real estate profes- sional may appeal from the notice of the city manager to the housing code appeals board; b. An appeal must be made in writing and filed with the city manager within twenty (20) days from the date of service of the designation notice; and c. A failure to appeal will consti- tute a waiver of all rights to an appeal. 5. This section may not be inter- preted to prevent the enforce- ment and imposition of fines and penalties for housing code viola- tions. 14-1J-5: PROCEDURE FOR HEARING APPEAL OF PRIORITY CATEGORY STATUS: A. Notice Of Appeal: A property own- er, manager, or licensed real es- tate professional designated a priority category by the city man- ager under section 14-1J-4 of this chapter may appeal to the hous- ing appeals board for a reconsid- eration of such status. An appeal must be filed in writing within twenty (20) days of the notice of designation as a priority category. The notice of appeal must include the following: 1. Name and address of the ap- pellant; 2. A brief statement in ordinary and concise language of any material facts claimed to sup- port the contentions of the ap- pellant; 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the order ap- pealed from should be re- versed; and 4. The signature of the appellant and the appellant's mailing address. B. Appeal Filing Fee: At the time of fil- ing the notice of appeal, the ap- pellant must pay therewith a filing fee in an amount set by the city manager. If the board reverses the designation, the fee will be ful- ly refunded. C. Notice Of Hearing: Upon receipt of a notice of appeal filed pursuant to this section, the chairperson of the board must fix a date, time, and place for hearing the appeal, within sixty (60) days from the date the appeal was filed, unless agreed upon by the appellant and city. Written notice of the time and place of the hearing must be giv- en at least ten (10) days prior to the date of the hearing to the ap- pellant either by causing a copy of such notice to be personally de- livered to the appellant or by mail- ing a copy thereof to the appel- lant's address shown on the no- tice of appeal. D. Waiver: The failure to file a notice of appeal in accordance with this section constitutes a waiver of the appeal. E. Appeals Process: The Housing Board of Appeals shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall man- date that only relevant information be received. F. Appeals Board Action: Following the hearing, the housing code ap- peals board may, by a majority vote, affirm the designation or re- verse the designation. 14-1J-6: INSPECTION OF PROPERTIES OWNED BY PRIORITY CATEGORY: The city manager or the city manager's de- signee may order the inspection of any or all properties owned or managed by a priority category. The fee for such in- spection will be as set by the city man- ager. The properties may be put on an accelerated inspection schedule by the city manager or the city manager's de- signee. If a priority category fails to comply with an inspection schedule or pay any inspection fee, the rental li- cense may be suspended or revoked and the tenants relocated from the unit at the priority category's expense. 14-1J-7: HOUSING BOARD OF AP- PEALS: A. Board Created: In order to hear and decide appeals of orders, de- cisions, or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a Housing Board of Appeals. The Housing Board of Appeals shall be appointed by the Book 146 Regular Session, June 20, 2016 283 City Council and shall hold office at its pleasure. B. Membership: The Housing Board of Appeals will be comprised of five (5) residents of the city ap- pointed by the City Council for terms of three (3) years or until such member’s successor is ap- pointed and qualified. Vacancies must be filled in the same manner as original appointments. Rea- sonable efforts should be made to obtain representation of both ten- ants and landlords. C. Oath: Each person, upon appoint- ment or reappointment to the board, must execute an oath of office at the first meeting of the board following appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board following the appointment or reappointment. D. Officers/Organization: The board must choose annually a chairper- son and vice-chairperson, each to serve a term of one (1) year. The code official is the secretary of the board. The board must fill a va- cancy among its officers for the remainder of the officer’s unex- pired term. E. Compensation: Members serve without compensation, provided that they may receive reimburse- ment for necessary travel and other expenses while on official board business within the limits established in the city administra- tive policies and budget. F. Disqualification of Member: A member shall not hear an appeal in which that member has a per- sonal, professional, or financial in- terest. G. Application for Appeal: 1. Any person affected by a deci- sion of the code official or a no- tice or order issued under this code shall have the right to ap- peal to the Housing Board of Appeals, provided a written ap- plication for appeal is filed within twenty (20) days after the day the decision, notice, or order was served. 2. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately sat- isfied by other means. H. Limitations on Authority (Board Powers) 1. The board has the following powers, duties, and responsi- bilities: a. To advise the city council on all property maintenance matters under the purview of the Housing & Community Development Department. b. To serve as an appeal body for the decisions of the code official. c. To provide for reasonable in- terpretations of the Property Maintenance Code on mat- ters under the purview of the Housing & Community De- velopment Department. The Housing Board of Appeals does not have the authority to waive the requirements of this code. I. Notice of Meeting: The board shall meet upon notice from the chair- man, within not less than ten (10) days and not more than sixty (60) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. J. Open Hearing: 1. Hearings before the board shall be open to the public and in compliance with the provisions of the Iowa open meetings law. 2. The appellant, the appellant’s representative, the code official, and any person whose interests are affected shall be given an opportunity to be heard. K. Hearing Procedure: 1. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conduct- ed. The procedures shall not re- quire compliance with strict rules of evidence, but shall mandate that only relevant in- formation be received. 2. A quorum shall consist of a min- imum of two-thirds (2/3) of the board membership. 3. Members of the board shall at- tend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board Book 146 Regular Session, June 20, 2016 284 to recommend to the city council that the member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. 4. The city manager shall file with the city clerk a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting. 5. All administrative, personnel, ac- counting, budgetary, and pro- curement policies of the city shall govern the board in its op- erations. 6. Removal: Except as provided in 14-1J-7(K)(3), the city council may remove any member for good cause. L. Postponed Hearing: Either the city or the appellant may request a postponement of a hearing sub- ject to the approval of the code of- ficial. In no event may a post- ponement exceed ninety (90) days beyond the date of the ap- peal. M. Board Decision on Appeals: The board may, by majority vote: 1. Affirm the decision of the code official; 2. Reverse the decision of the code official; or 3. Modify the decision of the code official: a. Modification of deadline. The Housing Board of Appeals may not approve an extension of a deadline which exceeds nine (9) months from the date of the notice of violation. Con- ditions under which a deadline will be extended must be in writing and on file in the Hous- ing & Community Develop- ment Department. b. Modification to allow variance: Conditions under which a var- iance will be granted must be in writing and on file in the Housing & Community Devel- opment Department. N. Resolution: The decision of the board shall be by resolution. A written copy shall be furnished to the appellant and placed in city records. O. Administration: The code official shall take immediate action in ac- cordance with the decision of the board. P. Court Review: Any person, wheth- er or not a previous party to the appeal, shall have the right to ap- ply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the code official chief administrative officer. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Dubuque hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsec- tions, sentences, clauses and phrases be de- clared unconstitutional. Section 4. That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in this ordinance; nor shall any just or legal right or remedy of any character be lost, im- paired or affected by this legislation. Section 5. That the City Clerk is hereby or- dered and directed to cause this ordinance to be published. Section 6. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect on July 1, 2016. Passed, approved, and adopted the 20th day of June, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 8. Code of Ordinances Amendment - Ref- erences to Title 6, Chapter 6 Former Housing Code: City Manager recommending approval of an ordinance which adjusts any references to Title 6, Chapter 6 to the updated and proper Code resulting from adoption of the Interna- tional Property Maintenance Code. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Rios. Motion carried 6- 0. Motion by Lynch for final consideration and passage of Ordinance No. 31-16 Amending City of Dubuque Code of Ordinances: Title 2 Book 146 Regular Session, June 20, 2016 285 Boards and Commissions, Chapter 5; Title 3 Revenue and Taxation, Chapter 4; Title 6 Health, Housing, Sanitation and Environment, Chapter 4; Title 8 Human Rights, Chapter 5; Title 14 Building and Development, Chapters 2 & 3; Title 14 Building and Development, Chap- ter 4 by replacing any references to “Housing Code” with “Property Maintenance Code” and any references to “Title 6, Chapter 6” with “Ti- tle 14, Chapter 1” and by replacing the defini- tion of “Housing Code” with “Property Mainte- nance Code.” Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 31-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES: • TITLE 2 BOARDS AND COMMIS- SIONS, CHAPTER 5 HOUSING AGEN- CY AND COMMUNITY DEVELOPMENT COMMISSIONS, ARTICLE B HOUSING COMMISSION, SECTION 2-5B-2 PUR- POSE; • TITLE 2 BOARDS AND COMMIS- SIONS, CHAPTER 5 HOUSING AGEN- CY AND COMMUNITY DEVELOPMENT COMMISSIONS, ARTICLE B HOUSING COMMISSION, SECTION 2-5B-15 MON- ITOR HOUSING PROGRAM; CON- DUCT HEARINGS ON GRIEVANCES; • TITLE 3 REVENUE AND TAXATION, CHAPTER 4 ECONOMIC DEVELOP- MENT, ARTICLE D RESIDENTIAL RE- LOCATION ASSISTANCE PROGRAM, SECTION 3-4D-9 PROCEDURE FOR HEARING APPEAL; • TITLE 6 HEALTH, HOUSING, SANITA- TION AND ENVIRONMENT, CHAPTER 4 NUISANCES, SECTION 6-4-2 DEFI- NITIONS; • TITLE 8 HUMAN RIGHTS, CHAPTER 5 FAIR HOUSING, SECTION 8-5-3 EX- EMPTIONS; • TITLE 14 BUILDING AND DEVELOP- MENT, CHAPTER 2 BUILDING CON- STRUCTION, DEMOLITION AND MOV- ING, SECTION 14-2-6 SPECIAL PRO- VISIONS; • TITLE 14 BUILDING AND DEVELOP- MENT, CHAPTER 3 DANGEROUS BUILDINGS, SECTION 14-3-1 PUR- POSE; • TITLE 14 BUILDING AND DEVELOP- MENT, CHAPTER 3 DANGEROUS BUILDINGS, SECTION 14-3-2 DEFINI- TIONS; AND • TITLE 14 BUILDING AND DEVELOP- MENT, CHAPTER 4 LICENSING OF VACANT AND/OR ABANDONED BUILDINGS, SECTION 14-4-1 DEFINI- TIONS BY REPLACING ANY REFERENCES TO “HOUSING CODE” WITH “PROPERTY MAINTENANCE CODE” AND ANY REFER- ENCES TO “TITLE 6, CHAPTER 6” WITH “TITLE 14, CHAPTER 1” AND BY REPLAC- ING THE DEFINITION OF “HOUSING CODE” WITH “PROPERTY MAINTENANCE CODE” NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-5B-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-5B-2: PURPOSE: The purpose of the commission is to un- dertake and carry out studies and analysis of housing needs and the meeting of such needs; to recommend proposed projects in the area of low and moderate income housing for the citi- zens of the city; to monitor the city's housing programs; and to conduct grievances regard- ing the rental assistance program, except in the area of property maintenance code en- forcement. Section 2. Section 2-5B-15 of the City of Dubuque Code of Ordinances is amended to read as follows: 2-5B-15: MONITOR HOUSING PRO- GRAM; CONDUCT HEARINGS ON GRIEV- ANCES: The commission monitors the city's hous- ing program and conducts hearings on griev- ances arising out of the operation of such pro- gram with the exception of property mainte- nance code enforcement which is handled by the housing appeals board. Section 3. Section 3-4D-9 of the City of Dubuque Code of Ordinances is amended to read as follows: 3-4D-9: PROCEDURE FOR HEARING APPEAL: A. Notice Of Appeal: Any person ag- grieved or adversely affected by a decision of the city manager un- der the property maintenance code may apply to the appeals board for review of such decision by filing a written notice of appeal with the city manager within twen- ty (20) days of the date of the de- cision. The notice of appeal shall include the following: 1. Name and address of person ap- pealing. 2. A brief statement in ordinary and concise language of the decision protested, together with any mate- rial facts claimed to support the contentions of the person appeal- ing. 3. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is Book 146 Regular Session, June 20, 2016 286 claimed the protested decision should be reversed or modified. 4. The signatures of all parties named as persons appealing, and their official mailing addresses. B. Notice Of Hearing: Upon receipt of any notice of appeal filed pursu- ant to this section, the city man- ager shall forward the notice of appeal to the chairperson of the appeals board. As soon as practi- cable after receiving the notice of appeal, the chairperson of the ap- peals board shall fix a date, time and place for hearing the appeal. Such date shall not be less than thirty (30) days nor more than six- ty (60) days from the date the no- tice of appeal was received by the city manager unless the person appealing agrees to an earlier ad- judication of the appeal. Written notice of the time and place of the hearing shall be given by the city manager at least ten (10) days prior to the date of the hearing to each person appealing either by causing a copy of such notice to be personally delivered to the person appealing or by mailing a copy thereof to the address of the person appealing shown on the appeal. C. Waiver: Failure of any person to file an appeal in accordance with the provisions of this section shall constitute a waiver of such per- son's right to a hearing. D. Hearing Appeals: The conduct of hearing appeals filed with the ap- peals board shall be governed by title 2, chapter 1 of this code. E. Appeals Board Relief: The appeals board may reverse, modify or sus- tain the decision appealed from. Section 4. Section 6-4-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 6-4-2: DEFINITIONS: As used in this chapter, the following defi- nitions shall apply: ABANDONED BUILDING: Any building or portion thereof which has stood with an in- complete exterior shell for longer than one year, or any building or portion thereof which is unoccupied and which meets one or more of the following criteria: A. Is unsecured; or B. Is in violation of the city of Dubuque property maintenance code, build- ing code, or fire code. CITY MANAGER: Includes the city man- ager's designee. COMPOST PILE: A collection of yard waste and kitchen food wastes, but specifically excluding bones, meat, fat, grease, oil, raw dog or cat manure, which collection in non- manufactured composting units is screened from the street view, is located in a confined area, is no taller than five feet (5') high and no larger than seventy five (75) square feet in area, is located more than twenty feet (20') from any habitable structure on adjoining property and at least three feet (3') from a property boundary line, is located more than five feet (5') from any wood structure, exclud- ing fences and compost containers, is not lo- cated in a natural drainageway and is not lo- cated in the area between any building and the street right of way and is collected for reuse as a soil amendment and is maintained free of noxious odors. DANGEROUS BUILDING OR STRUC- TURE: Any building or structure defined in this code as unsafe or dangerous. HAZARDOUS WASTE: Those wastes de- fined in chapter 455B, code of Iowa, as amended, and the Iowa administrative code, as amended. JUNK OR SALVAGE MATERIAL: Any dis- carded or salvaged building material or fixture; any obsolete or inoperable machinery and/or equipment or parts thereof; any wood, metal, plastic or composite pieces remaining outside of a legal structure for more than forty eight (48) hours. NOXIOUS SUBSTANCES: Substances, solid or fluid, which are offensive, detrimental to health, hurtful or dangerous, including, but not limited to, any dead animal or portion thereof, and human or animal excrement. OWNER: The record owner of real proper- ty, and any person having a property interest in the property, including legal or equitable interests. PROPERTY: Includes both real and per- sonal property. RESPONSIBLE PARTY: Any person hav- ing ownership, possession, or control of real or personal property, including, but not limited to, any one or more of the following: A. An agent; B. An assignee or collector of rents; C. A contract seller or contract pur- chaser; D. The holder of a deed to the proper- ty; E. A mortgagee or vendee in posses- sion; F. A receiver, executor, administrator or trustee; G. Lessee and lessor; or H. Any other person, firm, partner- ship, corporation or entity exercis- ing control over the property. Book 146 Regular Session, June 20, 2016 287 SOLID WASTE: Any waste that is putres- cible, nonputrescible, combustible or noncom- bustible, including, but not limited to, trash, garbage, material resulting from the handling, processing, storage, preparation, serving and consumption of food, vegetable or animal mat- ter, offal, rubbish, ashes, incinerator residue, street cleanings, construction debris and solid industrial waste. YARD WASTE: The accumulation of grass, leaves, tree trimmings under three inches (3") in diameter, brush and garden residue, which accumulation is screened from the street view, is located in a confined area, is no taller than four feet (4') high and no larger than seventy five (75) square feet in area, is located more than twenty feet (20') from any habitable struc- ture on adjoining property, at least three feet (3') from a property boundary line, is located more than five feet (5') from any wood struc- ture, excluding fences and compost contain- ers, is not located in a natural drainageway, is not located in the area between any building and the street right of way, is collected for re- use as a soil amendment, and is maintained free of noxious odors. Section 5. Section 8-5-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 8-5-3: EXEMPTIONS: A. Exemptions Enumerated: Nothing in section 8-5-2 of this chapter, other than subsection 8-5-2C of this chapter, shall apply to: 1. Any single-family house sold or rented by an owner; provided, that: a. The private individual owner does not own more than three (3) such single-family houses at any one time. b. In the sale of any single-family house, the private individual owner does not reside in, nor is the most recent resident of such house prior to such sale; the exemption granted by this subsection shall apply to only one such sale within a twenty four (24) month period. c. The bona fide private individual owner does not own any in- terest in, nor is there owned or reserved on the owner's be- half, under express of volun- tary agreement, title to, or any right to all or a portion of the proceeds from the sale or rental of more than three (3) such single-family houses at one time. d. There is no utilization in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, salesperson, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesperson, or person. e. There is no publication, post- ing, or mailing, after notice, of any advertisement or written notice in violation of subsec- tion 8-5-2C of this chapter. Nothing in this subsection prohibits the utilization of at- torneys, escrow agents, ab- stractors, title companies, and other such professional assis- tance as necessary to perfect or transfer the title. 2. Rooms or units in dwellings con- taining living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his resi- dence. B. Selling Or Renting Dwellings: For the purposes of subsection A of this section, a person shall be deemed to be in the business of selling or renting dwellings if: 1. The person has, within the pre- ceding twelve (12) months, par- ticipated as principal in three (3) or more transactions involving the sale or rental of any dwelling or any interest therein. 2. The person has, within the pre- ceding twelve (12) months, par- ticipated as agent, other than in the sale of the person's own personal residence, in providing sales or rental facilities or sales or rental services in two (2) or more transactions involving the sale or rental of any dwelling or any interest therein. 3. The person is the owner of any dwelling designed or intended for occupancy by, or occupied by, five (5) or more families. C. Religious Or Nonprofit Organiza- tions: Nothing in this chapter shall prohibit a religious organization, association, or society or any nonprofit institution or organiza- tion operated, supervised, or con- trolled by or in conjunction with a religious organization, associa- Book 146 Regular Session, June 20, 2016 288 tion, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or oper- ates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless member- ship in such religion is restricted on account of race, color, sex, familial status, national origin, creed, age, disability, sexual ori- entation, or gender identity. Nor shall anything in this chapter pro- hibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other occupancy of such lodging to its members or from giving preference to its members. D. Applicability Of Housing Regula- tions; Housing For Older Persons: 1. Nothing in this chapter limits the applicability of title 14, chapter 1 of this code regarding the max- imum number of occupants permitted to occupy a dwelling. Nor does any provision in this chapter regarding familial status or age apply with respect to housing for older persons. 2. As used in this section, "housing for older persons" means hous- ing: a. Provided under any state or federal program that the sec- retary determines is specifical- ly designed and operated to assist elderly persons, as de- fined in the state or federal program. b. Intended for, and solely occu- pied by, persons sixty two (62) years of age or older. c. Intended and operated for oc- cupancy by at least one per- son fifty five (55) years of age or older per unit. In determin- ing whether housing qualifies as housing for older persons under this subsection, the commission shall develop regulations which require at least the following factors: (1) That at least eighty percent (80%) of the units are occu- pied by at least one person fifty five (55) years of age or older per unit. (2) The publication of and ad- herence to policies and pro- cedures which demonstrate an intent by the owner or manager to provide housing for persons fifty five (55) years of age or older. 3. Housing shall not fail to meet the requirements for housing for older persons by reason of: a. Persons residing in such hous- ing as of the date of enact- ment of this chapter who do not meet the age require- ments of subsection D2b or D2c of this section; provided, that new occupants of such housing meet the age re- quirements of subsection D2b or D2c of this section. b. Unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subsection D2b or D2c of this section. 4. Nothing in this chapter prohibits conduct against a person be- cause such person has been convicted by any court of com- petent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in the controlled substances act (21 USC 802) or a violation of the controlled substances chap- ter of the Iowa Code1. Section 6. Section 14-2-6 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-2-6: SPECIAL PROVISIONS: A. Transfer Of Permits Prohibited: Each moving permit, demolition permit or permit for use of public property shall not be transferable from one building or building site to another building or building site nor from one person to another. B. Moving Buildings: 1. A building being moved shall fol- low the route prescribed on the permit by the city manager. The mover shall coordinate the route with the utility companies. 2. A police escort shall be required for all buildings moved from one location to another within the ju- risdictional limits of the city, or moved out of or into the jurisdic- tional limits of the city, utilizing public streets or alleys or when, in the opinion of the chief of po- lice, such escort is necessary to protect the general welfare. 3. The chief of police shall deter- mine the required number of Book 146 Regular Session, June 20, 2016 289 personnel and vehicles for es- cort service. 4. The fee established by the city manager shall be paid prior to issuance of a permit to move a building or structure. 5. The permit applicant shall pay all costs for the trimming of trees and replacement of natural ob- structions or official signs and signals or other public or private property required to be removed during the movement of a vehi- cle and load. C. Restriction On Moving Permit: 1. No building or structure shall be relocated or moved if the build- ing or structure is so construct- ed or in such condition as to be dangerous or unsafe or if it is in- fested with pests, is unfit for human habitation or if it is so deteriorated, dilapidated or de- fective that relocation would or could create a safety or health hazard, or cause a blighted condition in the new neighbor- hood. 2. All buildings or structures when relocated from outside of the city into the city shall comply with all ordinances and regula- tions applicable to new buildings or structures, including, but not limited to, building, electrical, mechanical, plumbing, fire, health and zoning regulations. 3. All residential buildings or struc- tures relocated within the city shall comply with the uniform code for building conservation and title 14, chapter 1 of this code. 4. All nonresidential buildings or structures relocated within the city shall comply with all ordi- nances and regulations applica- ble to new buildings or struc- tures, including, but not limited to, building, electrical, mechani- cal, plumbing, fire, health and zoning regulations. 5. All moved buildings or structures shall be completely enclosed within thirty (30) days after said building or structure is placed on its new site. All required chang- es, improvements and modifica- tions shall be completed and the building or structure made ready for occupancy or use within one hundred twenty (120) days from the time the building permit is issued. D. Demolition Of Buildings: 1. All pieces, parts, scraps, debris, rubbish and organic material from a building, structure, or portion of a building in the pro- cess of being demolished shall be cleaned up and removed from the premises at least once weekly except for streets and public property, which shall be cleaned daily unless otherwise specified on the permit. Final cleanup after the building or structure is demolished shall in- clude the thorough removal of all wood, debris and organic materials, filling of excavations, cisterns and other depressions with acceptable rubble or earth- en fill, and spreading a tillable layer of topsoil over the entire lot to a uniform natural grade consistent with the established adjacent grades. 2. When directed by the city man- ager, water shall be used to minimize dust when demolishing structures or under any dust producing conditions. As or- dered by the city manager, buildings shall be washed down frequently to keep dust at a min- imum. 3. When an interior wall is exposed because of demolition of an ad- joining structure, said wall shall be provided with a weather re- sistive barrier as required in the Dubuque building code. No such wall shall be exposed to the weather without the written approval of the city manager. 4. When a demolition project has been abandoned or is found to be unsafe, the city manager may order the unsafe conditions corrected, the building boarded up and the premises barricaded. Upon failure of the owner or the owner's agent to comply with the order of the city manager within seven (7) days, the city manager, after notice and op- portunity for hearing, may cause said building or structure to be demolished, the premises cleaned and suitable drainage grades established. The cost of such demolition, cleaning and grading shall be assessed to the property as provided by law. Book 146 Regular Session, June 20, 2016 290 This section shall also apply to any site from which a building or structure has been moved. E. Disconnecting Utility Services: The power in all electric service lines shall be shut off and all such lines cut or disconnected at or outside the moving or demolition area be- fore work is started on the site. Prior to the disconnection of such lines, the permittee or property owner shall notify the utility com- pany and the city manager and shall obtain their approval in com- pliance with applicable codes and requirements. Exception: If it is necessary to maintain electrical service during the process of moving or demolition, such ser- vice shall be temporarily relocated or protected with substantial cov- ering to the satisfaction of the electric service company and the city manager, and said relocation shall be in conformance with ap- plicable codes and requirements. All gas, water, sewer and other service lines shall be shut off and capped or otherwise controlled at or outside of the moving or demo- lition area or curb line before mov- ing or demolition work is com- menced. In each case, the service company and the city manager shall be notified in advance and their approval obtained by the permittee or property owner in compliance with applicable codes and requirements. Exception: If it is necessary to maintain any wa- ter or other lines during the mov- ing or demolition process, such lines shall be temporarily relocat- ed or protected with substantial covering to the satisfaction of the utility companies, city manager and in conformance with applica- ble codes and requirements. Section 7. Section 14-3-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-3-1: PURPOSE AND SCOPE: A. It is the purpose of this chapter to provide a just, equitable and prac- ticable method to be cumulative with and in addition to any other remedy provided by the building code, property maintenance code or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. B. The provisions of this chapter shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereaf- ter become dangerous in the city. C. All buildings or structures which are required to be repaired under the provisions of this chapter shall be subject to the provisions of the building code. Section 8. Section 14-3-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-3-2: DEFINITIONS: For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the building code or the property maintenance code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. BUILDING CODE: The international build- ing code promulgated by the International Code Council, Inc., as adopted in section 14- 1A-1 of this title. DANGEROUS BUILDING: For the purpose of this chapter, any building or structure which has any or all of the conditions or defects here- inafter described shall be deemed to be a dangerous building; provided, that such condi- tions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered: A. Whenever any door, aisle, pas- sageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is warped, worn, loose, torn or otherwise un- safe as to not provide safe and adequate means of exit in case of fire or panic. C. Whenever the stress in any mate- rials, member or portion thereof, due to all dead and live loads, is more than one and one-half (11/2) times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location. D. Whenever any portion thereof has been damaged by fire, earth- quake, wind, flood or by any other cause, to such an extent that the structural strength or stability Book 146 Regular Session, June 20, 2016 291 thereof is materially less than it was before such catastrophe and is less than the minimum re- quirements of the building code for new buildings of similar struc- ture, purpose or location. E. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. F. Whenever any portion of a build- ing, or any member, appurte- nance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of re- sisting a wind pressure of one-half (1/2) of that specified in the build- ing code for new buildings of simi- lar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings. G. Whenever any portion thereof has wracked, warped, buckled or set- tled to such an extent that walls or other structural portions have ma- terially less resistance to winds or earthquakes than is required in the case of similar new construc- tion. H. Whenever the building or struc- ture, or any portion thereof, be- cause of: 1) dilapidation, deterio- ration or decay; 2) faulty construc- tion; 3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; 4) the deterioration, decay or inadequa- cy of its foundation; or 5) any oth- er cause, is likely to partially or completely collapse. I. Whenever, for any reason, the building or structure, or any por- tion thereof, is manifestly unsafe for the purpose for which it is be- ing used. J. Whenever the exterior walls or oth- er vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base. K. Whenever the building or structure, exclusive of the foundation, shows thirty three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclos- ings or outside walls or coverings. L. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deterio- rated as to become: 1) an attrac- tive nuisance to children; 2) a harbor for vagrants or criminals; or as to 3) enable persons to re- sort thereto for the purpose of committing unlawful acts. M. Whenever any building or struc- ture has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, as speci- fied in the building code or proper- ty maintenance code, or of any law or ordinance of this state or city relating to the condition, loca- tion or structure of buildings. N. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty six percent (66%) of the: 1) strength, 2) fire resisting qualities or characteristics, or 3) weather resisting qualities or characteris- tics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. O. Whenever a building or structure, used or intended to be used for dwelling purposes, because of in- adequate maintenance, dilapida- tion, decay, damage, faulty con- struction or arrangement, inade- quate light, air or sanitation facili- ties, or otherwise, is determined by the health officer to be unsani- tary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. P. Whenever any building or struc- ture, because of obsolescence, dilapidated condition, deteriora- tion, damage, inadequate exits, lack of sufficient fire resistive con- struction, faulty electric wiring, gas connections or heating appa- ratus, or other cause, is deter- Book 146 Regular Session, June 20, 2016 292 mined by the fire marshal to be a fire hazard. Q. Whenever any building or struc- ture is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence. R. Whenever any portion of a building or structure remains on a site af- ter the demolition or destruction of the building or structure or when- ever any building or structure is abandoned for a period in excess of six (6) months so as to consti- tute such building or portion thereof an attractive nuisance or hazard to the public. PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance code, as adopted in Title 14, Chapter 1, Article J of this code. Section 9. Section 14-4-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-4-1: DEFINITIONS: For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the building code or the property maintenance code. Where terms are not defined, they shall have their ordinary accepted meanings within the context in which they are used. Unless otherwise expressly stated or unless the context clearly indicates a different intent, the following terms shall, for the purpose of this chapter, have the following meanings: ABANDONED BUILDING: Any building or portion thereof which has stood with an in- complete exterior shell for six (6) months or longer which meets one or more of the follow- ing criteria: A. Is unsecured; B. Is unoccupied; or C. Is noncompliant with the interna- tional property maintenance code as adopted by the city. BUILDING CODE: The international build- ing code promulgated by the International Code Council, as adopted in section 14-1A-1 of this title. CITY MANAGER: Includes the city man- ager's designee. DANGEROUS BUILDING: Any building or structure which has any or all of the conditions or defects hereinafter described; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or the occupants of the building are en- dangered: A. Whenever any door, aisle, pas- sageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is warped, worn, loose, torn or otherwise un- safe as to not provide safe and adequate means of exit in case of fire or panic. C. Whenever the stress in any mate- rials, member or portion thereof, due to all dead and live loads, is more than one and one-half (11/2) times the working stress or stresses allowed in the building code for new buildings of similar structure, purpose or location. D. Whenever any portion thereof has been damaged by fire, earth- quake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum re- quirements of the building code for new buildings of similar struc- ture, purpose or location. E. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. F. Whenever any portion of a build- ing, or any member, appurte- nance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of re- sisting a wind pressure of one-half (1/2) of that specified in the build- ing code for new buildings of simi- lar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings. G. Whenever any portion thereof has wracked, warped, buckled or set- tled to such an extent that walls or other structural portions have ma- terially less resistance to winds or earthquakes than is required in the case of similar new construc- tion. H. Whenever the building or struc- ture, or any portion thereof, is like- ly to partially or completely col- lapse because of: 1. Dilapidation, deterioration or de- cay; Book 146 Regular Session, June 20, 2016 293 2. Faulty construction; 3. The removal, movement or in- stability of any portion of the ground necessary for the pur- pose of supporting such build- ing; 4. The deterioration, decay or inad- equacy of its foundation; or 5. Any other cause. I. Whenever, for any reason, the building or structure, or any por- tion thereof, is manifestly unsafe for the purpose for which it is be- ing used. J. Whenever the exterior walls or oth- er vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base. K. Whenever the building or structure, exclusive of the foundation, shows thirty three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or deterioration of its nonsupporting members, enclos- ings or outside walls or coverings. L. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deterio- rated as to become: 1) an attrac- tive nuisance to children; 2) a harbor for vagrants or criminals; or as to 3) enable persons to re- sort thereto for the purpose of committing unlawful acts. M. Whenever any building or struc- ture has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, as speci- fied in the building code or proper- ty maintenance code, or of any law or ordinance of this state or city relating to the condition, loca- tion or structure of buildings. N. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty percent (50%), or in any supporting part, member or portion less than sixty six percent (66%) of the: 1) strength; 2) fire resisting qualities or characteristics; or 3) weather resisting qualities or characteris- tics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. O. Whenever a building or structure, used or intended to be used for dwelling purposes, because of in- adequate maintenance, dilapida- tion, decay, damage, faulty con- struction or arrangement, inade- quate light, air or sanitation facili- ties, or otherwise, is determined by the health officer to be unsani- tary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. P. Whenever any building or struc- ture, because of obsolescence, dilapidated condition, deteriora- tion, damage, inadequate exits, lack of sufficient fire resistive con- struction, faulty electric wiring, gas connections or heating appa- ratus, or other cause, is deter- mined by the fire marshal to be a fire hazard. Q. Whenever any building or struc- ture is in such condition as to constitute a public nuisance known to the common law or in equity jurisprudence. R. Whenever any portion of a building or structure remains on a site af- ter the demolition or destruction of the building or structure or when- ever any building or structure is abandoned for a period in excess of six (6) months so as to consti- tute such building or portion thereof an attractive nuisance or hazard to the public. FIRE CODE: International fire code, as adopted by chapter 1, article E of this title. NUISANCE: Each of the following shall be defined as a "nuisance": A. Any public nuisance known at common law or in equity jurispru- dence. B. Any attractive nuisance which may prove detrimental to persons whether in a building, on the premises of a building, or upon an unoccupied lot. C. Whatever is dangerous to human life or is a menace to the public health, welfare or safety as de- termined by the city manager. D. A building that is structurally un- safe, unsanitary or not provided with adequate safe egress, or that constitutes a fire hazard, or oth- erwise constitutes a hazard by Book 146 Regular Session, June 20, 2016 294 reason of inadequate mainte- nance, dilapidation or obsoles- cence or abandonment. E. Uncleanliness to the risk of un- healthiness, as determined by the city manager. F. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the city manager. PROPERTY MAINTENANCE CODE: The city of Dubuque property maintenance code, as adopted in Title 14, Chapter 1, Article J of this code. VACANT BUILDING: Any building or por- tion thereof which has been unoccupied for a continuous period of time over twelve (12) months and which meets one or more of the following criteria: A. Unsecured; B. Secured by means other than those used in the design of the building; C. Declared a "dangerous building" as defined in this section; D. Unfit for occupancy as determined by the city manager; E. Noncompliant with the international property maintenance code; F. Has housing, building, fire, health or zoning code violations; G. Open to vagrants, vandals, children or the unwary; or H. Not receiving service by public utili- ties. Section 10. This Ordinance takes effect Ju- ly 1, 2016. Passed, approved, and adopted the 20th day of June, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 9. Code of Ordinances Amendment - Title 2 Resilient Community Advisory Commission: City Manager is recommending the formation of a Resilient Community Advisory Commis- sion as initiated during the August 2015 City Council goal-setting process. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion failed 5-1 with Del Toro voting nay. Motion by Jones to consider the first read- ing of a proposed ordinance Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter 6 Environmental Stewardship Advisory Commis- sion and Adopting a New Chapter 6 Resilient Community Advisory Commission in Lieu Thereof Establishing the Resilient Community Advisory Commission and Providing for the Powers, Operation, Membership, and Meet- ings. Seconded by Lynch. Motion carried 5-1 with Del Toro voting nay. Health Services Manager Mary Rose Corrigan and Sustainabil- ity Coordinator Cori Burbach provided a verbal presentation that recapped the process and resources used to create the commission and reviewed results of the community engage- ment sessions. 10. National Disaster Resilience Grant (NDRG): City Manager recommending ap- proval of the implementation plan associated with the National Disaster Resilience Grant (NDRG) from the U.S. Department of Housing and Urban Development (HUD). Staff made a presentation. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Lynch. Motion car- ried 6-0. Assistant City Manager Teri Goodmann, Civil Engineer Deron Muehring, Housing and Community Development Director Alvin Nash, Health Services Manager Mary Rose Corrigan, and Senior Budget Analyst Alexis Steger pro- vided a slide presentation on the grant compe- tition. Topics included an introduction and overview, review of infrastructure, city flooding history, housing/neighborhood/community im- pact, Green and Healthy Homes Initiative, staffing framework and budget components. COUNCIL MEMBER REPORTS Council Member Jones reported on the death of former City/County Emergency Manage- ment Director Robert “Bob” Gooch on June 16, 2016. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 10:07 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Rios. Motion carried 6-0. Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Barry Lindahl, and Assistant City Attorney Maureen Quann. Upon motion, the City Council reconvened in open session at 10:37 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 10:38 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session, July 5, 2016 295 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 5, 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 Lindahl 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 PROCLAMATION(S) Sister Cities International Day (July 15, 2016) was accepted by Sister City Relation- ships Advisory Commission Chairperson Jeff Jochum. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 6/20; Community De- velopment Advisory Commission of 6/15; Civil Service Commission of 6/21; Park and Rec- reation Advisory Commission of 6/14; Proof of Publication for City Council Proceedings of 6/2; Proofs of Publication for 2016 Water Qual- ity Report for the City of Dubuque and 2015 Water Quality Report for Twin Ridge Corp. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jacob Leib for property damage; Cheryl Leirmoe-Kaiser for vehicle damage; Susan Swanson for vehi- cle damage. Upon motion the documents were received, filed and referred to the City Attor- ney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jacob Leib for property damage; Cheryl Leirmoe-Kaiser for vehicle damage; Susan Swanson for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Eagles "Eyes on the Future" People that Make a Difference: City Manager transmitting Dubuque Eagles "Eye's on the Future" Com- mittee's People Who Make A Difference recognition of the Dubuque Police Department and Public Works Employee William Kelly. Upon motion the documents were received and filed. 5. Fair Housing Training Under Voluntary Compliance Agreement: City Manager rec- ommending approval for the City Manager to execute an agreement with Clear Impact to conduct the Fair Housing Training under the Voluntary Compliance Agreement. Upon mo- tion the documents were received, filed and approved. 6. Legal Aid Fair Housing Initiatives Pro- gram - Letters of Support: City Manager rec- ommending approval of letters of support from the Human Rights Department and the Hous- ing & Community Development Department to support Iowa Legal Aid’s Fair Housing Initiative Program with planning and implementing local fair housing outreach events over the next year and distributing fair housing materials created by Legal Aid. Upon motion the docu- ments were received, filed and approved. 7. Iowa Cancer Consortium - Radon Grant Application: City Manager recommending ap- proval for the City Manager to execute a con- tract for a grant award from the Iowa Cancer Consortium to purchase short-term Radon kits to be used to compliment funds of the Lead & Healthy Homes Program, Rehabilitation Pro- gram, and the National Disaster Resiliency Program. Upon motion the documents were received, filed and approved. 8. Upper Bee Branch Creek, Landscaping Improvement Additions: City Manager recom- mending approval to modify the landscape design for the Upper Bee Branch Creek Pro- ject to allow for the substitution of My Holiday Lawn® bluegrass seeding in place of fescue sod & seeding, and expand the irrigation sys- tem to be able to water the seeded areas, trees, and plantings along the entire Upper Bee Branch Creek Project corridor. Upon mo- tion the documents were received, filed and approved. 9. Fiscal Year 2015 Carter Road Detention Basin Manhole Repair Project Award and Completion: City Manager recommending that the award and completion of the FY15 Carter Book 146 Regular Session, July 5, 2016 296 Road Detention Basin Manhole Repair Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 10. Acceptance of Lake Eleanor Lift Station and Water Main Improvement Project: City Manager recommending acceptance of the construction contract for the Lake Eleanor Lift Station Project as completed by Horsfield Construction, Inc. Upon motion the documents were received and filed and Resolution No. 255-16 Accepting the Lake Eleanor Lift Station and Water Main Extension Project and author- izing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 255-16 ACCEPTING THE LAKE ELEANOR LIFT STATION AND WATER MAIN EXTENSION PROJECT AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Lake Eleanor Lift Station Water Main Extension Project (the Project) has been com- pleted and the City Engineer has examined the work and filed a certificate stating that the Pro- ject has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Lake Eleanor Lift Station and Main Extension An- nexation Relocation fund for the contract amount of $452,219.97 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE LAKE ELEANOR LIFT STATION AND WATER MAIN EXTEN- SION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Lake Eleanor Lift Station Water Main Extension Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $508,513.02. Dated this 21st day of June, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 21st day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 11. Stone Brook Center Second Addition - Dedication of Lot for Storm Water Detention Basin: City Manager recommending the dedi- cation of Lot D of Stone Brook Center Second Addition to the City of Dubuque to be used as a storm water detention basin owned and maintained by the City. Upon motion the doc- uments were received and filed and Resolution No. 256-16 Accepting Lot D in Stone Brook Center Second Addition in the City of Dubu- que, Iowa was adopted. RESOLUTION NO. 256-16 ACCEPTING LOT D IN STONE BROOK CENTER SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Lots A (Stone Valley Drive), Lot B (Boulder Brook Court), and Lot D (Detention Area), of the Final Plat of Stone Brook Center Second Addition in the City of Dubuque, Iowa recorded as Instrument No. 4087-04 in the records of the Dubuque County Recorder, were dedicated to the public for the described purposes; and Whereas, Pursuant to Resolution No. 61- 04, Lots A (Stone Valley Drive) and Lot B (Boulder Brook Court) of the Final Plat of Stone Brook Center Second Addition in the City of Dubuque, Iowa were accepted by the City of Dubuque for the described purposes. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque wishes to now accept the dedication of Lot D of the Final Plat of Stone Brook Center Second Addi- tion. The existing storm water detention facili- ties serving the subdivision, which are to be owned and maintained by the City, are located on said Lot D Section 2. That the dedication of Lot D of the Final Plat of Stone Brook Center Second Addition in the City of Dubuque, Iowa from NEZTROP LLC, is hereby accepted. Passed, adopted and approved this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Stone Brook Center Second Addition - Acceptance of Storm Water Detention Facility: City Manager recommending acceptance of the storm water detention facility that the de- veloper, NEZTROP, LLC, has recently com- pleted and is dedicating in Stone Brook Center Book 146 Regular Session, July 5, 2016 297 Second Addition to the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 257-16 Accepting storm- water detention facilities in Stone Brook Center Second Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 257-16 ACCEPTING STORMWATER DETENTION FACILITIES IN STONE BROOK CENTER SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution Number 61-04, certain public improvements including stormwater detention facilities on Lot D of Stone Brook Center Second Addition were installed by the developer of Stone Brook Cen- ter Second Addition in the City of Dubuque, Iowa; and Whereas, the said storm water detention facilities have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans ap- proved by the City Council and in conformance with City specifications, and has recommend- ed that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 3. That the recommendation of the City Manager be approved and that said storm water detention facilities in Stone Brook Center Second Addition in the City of Dubuque, Iowa be and the same is hereby accepted. Section 4. That the City waives the re- quirement that the developer maintain the de- tention facility until 80% of the lots in Stone Brook Center Second Addition are developed and that maintenance of said improvements shall be the responsibility of the City and as- sessable to the property owners as outlined in Resolution No. 61-04. Passed, adopted and approved this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. 2015 Sewershed 7 & 20 Manhole Re- placement Project Acceptance: City Manager recommending acceptance of the public im- provement construction contract for the 2015 Sewershed 7 & 20 Manhole Replacement Pro- ject, as completed by Top Grade Excavating, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 258-16 Accepting the 2015 Sewershed 7 & 20 Man- hole Replacement Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 258-16 ACCEPTING THE 2015 SEWERSHED 7 & 20 MANHOLE REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2015 Sewershed 7 & 20 Manhole Re- placement Project (the Project) has been completed by the Contractor, Top Grade Ex- cavating, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $150,096.07; and Whereas, the Contractor has previously been paid $142,591.27, leaving a balance of $7,504.80; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $7,504.80 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2015 SEWERSHED 7 & 20 MANHOLE REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the 2015 Sewershed 7 & 20 Man- hole Replacement Project, and that said Pro- ject has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $157,600.87. Dated this 30th day of June, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 30th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 14. Lowell Street Reconstruction Project Acceptance: City Manager recommending acceptance of the construction contract for the Lowell Street Reconstruction Project as com- pleted by Drew Cook and Sons Excavating. Upon motion the documents were received Book 146 Regular Session, July 5, 2016 298 and filed and Resolution No. 259-16 Accepting the Lowell Street Reconstruction Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 259-16 ACCEPTING THE LOWELL STREET RE- CONSTRUCTION PROJECT AND AUTHOR- IZING THE PAYMENT TO THE CONTRAC- TOR Whereas, the public improvement contract for the Lowell Street Reconstruction Project (the Project) has been completed by the Con- tractor, Drew Cook & Sons Excavating, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $230,680.83; and Whereas, the Contractor has previously been paid $219,146.79, leaving a balance of $11,534.04; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $11,534.04 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE LOWELL STREET RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Lowell Street Reconstruction Project, and that said Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $242,214.87. Dated this 30th day of June, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 30th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 15. Dubuque Intermodal Transportation Center Project Acceptance: City Manager rec- ommending acceptance of the construction contract for the Dubuque Intermodal Transpor- tation Center as completed by Conlon Con- struction. Upon motion the documents were received and filed and Resolution No. 260-16 Accepting the Dubuque Intermodal Transpor- tation Center and authorizing the payment of the contract amount to Conlon Construction Co. was adopted. RESOLUTION NO. 260-16 ACCEPTING THE DUBUQUE INTERMODAL TRANSPORTATION CENTER AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO CONLON CON- STRUCTION CO. Whereas, the Public Improvement Contract for the Dubuque Intermodal Transportation Center (the Project) has been completed and the Project has been completed according to the terms of the Public Improvement Contract and that the Architect and Engineer recom- mends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation is ap- proved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to Conlon Construction Co. from the Federal Transportation Grant # IA-04- 0124, and Capital Improvement Project # 600- 1416 appropriation for the contract amount of $13,218,529.89 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Property Acquisition - 2407 Queen Street: City Manager recommending approval to acquire property located at 2407 Queen Street from the Estate of Joseph E. Bell. Upon motion the documents were received and filed and Resolution No. 261-16 Approving the ac- quisition of real estate owned by the Joseph E. Bell Estate at 2407 Queen Street in the City of Dubuque was adopted. RESOLUTION NO. 261-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE JOSEPH E. BELL ESTATE AT 2407 QUEEN STREET IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of rehabbing and reselling to income qualified households; and Whereas, the acquisition of this property is a voluntarily negotiated purchase by the City of Book 146 Regular Session, July 5, 2016 299 Dubuque under Section 6B.1A of the Code of Iowa and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement has been finalized with the Estate of Joseph E. Bell of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the agreement for and acquisition of the following legally described property: Lot 1-69 & 2-70 Stafford’s Addition in the City of Dubuque, Iowa according to the recorded plat thereof At the cost of Fifteen Thousand Dollars ($15,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the Estate of Joseph E. Bell, con- veying the owner’s interest of the property to the City of Dubuque, Iowa for the herein de- scribed real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Deed to be recorded in the office of the Dubu- que County Recorder, together with certified copy of the Resolution. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Iowa DOT 5-Year Maintenance Agreement and Supplemental Agreements: City Manager recommending approval for the City Manager to execute Iowa Department of Transportation Supplemental Agreements for Local Primary Highway Maintenance, Pave- ment Markings, Julien Dubuque Bridge Side- walk Maintenance, Street Sweeping Mainte- nance and Traffic Signal. Upon motion the documents were received, filed and approved. 18. Iowa DOT Funding Agreement - Uni- versity Avenue and Asbury Road: City Manag- er recommending approval of a Federal Aid Funding Agreement with the Iowa Department of Transportation (Iowa DOT) for future capaci- ty improvements at the intersection of Univer- sity Avenue and Asbury Road. Upon motion the documents were received and filed and Resolution No. 271-16 Approving the Iowa Department of Transportation Federal Aid Funding Agreement for University Avenue - Asbury Road Intersection improvements was adopted. RESOLUTION NO. 271-16 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUND- ING AGREEMENT FOR UNIVERSITY AVE- NUE - ASBURY ROAD INTERSECTION IM- PROVEMENTS Whereas, the City of Dubuque acquired the vacant Fahey Family / Rainbo Oil Company property (2239 University Avenue) as an ad- vance protective purchase to preserve the corridor identified in the East-West Corridor Connectivity Study and the future reconstruc- tion of the University Avenue - Asbury Road Intersection; and Whereas, the City received authorization from both the Iowa DOT and the Federal Highway Administration (FHWA) to use local federal DMATS Surface Transportation Pro- gram (STP) funds to cover the costs (80%) for the advance protective property purchase; and Whereas, prior to the City having the ability to receive funding reimbursement for eligible expenses incurred to date to complete the advance protective property purchase, the Federal Aid Funding Agreement must be ap- proved and executed; and Whereas, the Iowa Department of Trans- portation (Iowa DOT) has authorized the use of federal funds for eligible costs for the Uni- versity Avenue - Asbury Road Intersection Improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa DOT Federal Aid Funding Agreement (6-16-STPU-14) between the City of Dubuque and the Iowa Department of Transportation be hereby approved for the University Avenue - Asbury Road Intersection Improvements. Section 2. That the City Manager be au- thorized and directed to execute two copies of Iowa DOT Federal Aid Funding Agreement (6- 16-STPU-14) between the City of Dubuque and the Iowa Department of Transportation be hereby approved for the University Avenue - Asbury Road Intersection Improvements. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Hope Evangelical Free Church Parking Agreement: City Manager recommending ap- proval of a five-year Parking Agreement with Hope Evangelical Free Church that will allow them access to the Locust Street Parking Ramp on Sundays for a weekly cost. Upon motion the documents were received and filed and Resolution No. 262-16 Approving a Park- ing Agreement between the City of Dubuque, Iowa and the Hope Evangelical Free Church was adopted. Book 146 Regular Session, July 5, 2016 300 RESOLUTION NO. 262-16 APPROVING A PARKING AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE HOPE EVANGELICAL FREE CHURCH Whereas, The Hope Evangelical Free Church (Hope Church) is developing perma- nent space within the Roshek Building in downtown Dubuque; and Whereas, the Hope Church is in need of parking for the full and efficient use of the new- ly developed space in the Roshek Building; and Whereas, the City of Dubuque has devel- oped a parking agreement between the two parties for the use of the Locust Street Parking Ramp and the Iowa Street Ramp if certain criteria is met for the term of five (5) years on Sundays only at a weekly cost of $150.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement between the City and The Hope Evangelical Free Church (Hope Church) is hereby approved and the City Manager is authorized to execute said Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of July, 2015 Roy D, Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Purchase of Services Grant Agreement - St. Mark Youth Enrichment: City Manager recommending approval of a Purchase of Ser- vices Agreement with St. Mark Youth Enrich- ment Before & After School Program for Fiscal Year 2017. Upon motion the documents were received, filed and approved. 21. Purchase of Services Grant Agreement - Hillcrest Family Services: City Manager rec- ommending approval of a Purchase of Ser- vices Agreement with Hillcrest Family Services for Fiscal Year 2017 for the Diversity Commit- tee to provide cultural competency training for staff. Upon motion the documents were re- ceived, filed and approved. 22. Purchase of Services Grant Agreement - Opening Doors: City Manager recommending approval of a Purchase of Services Agreement with Opening Doors for Fiscal Year 2017 to fund a full-time staff person to manage the Opening Doors Cottage Industry Startup to teach formerly homeless women job skills that will help them become tax-paying members of the community. Upon motion the documents were received, filed and approved. 23. Purchase of Services Grant Agreement - Dubuque Dream Center: City Manager rec- ommending approval of a Purchase of Ser- vices Agreement with Dubuque Dream Center for Fiscal Year 2017 to provide academic sup- port for school-aged youth at-risk or presently reading below grade level. Upon motion the documents were received, filed and approved. 24. Purchase of Services Grant Agreement - Lutheran Services in Iowa: City Manager recommending approval of a Purchase of Ser- vices Agreement with Lutheran Services in Iowa Community Wraparound Services for Fiscal Year 2017 to allow a degreed Social Worker to provide in-home services on a varie- ty of topics including, but not limited to, parent- ing, behavioral issues, referral to community resources and skills sessions. Upon motion the documents were received, filed and ap- proved. 25. Purchase of Services Grant Agreement - Riverview Center: City Manager recommend- ing approval of a Purchase of Services Agreement with Riverview Center for Fiscal Year 2017 to help fund Riverview Center Sex- ual Assault Therapy Services. Upon motion the documents were received, filed and ap- proved. 26. Purchase of Services Grant Agreement - Cedar Valley Friends of the Family: City Manager recommending approval of a Pur- chase of Services Agreement with Cedar Val- ley Friends of the Family Northeast Iowa Shel- ter Services for Fiscal Year 2017 to provide immediate, confidential safety to anyone flee- ing domestic or sexual violence across North- east Iowa. Upon motion the documents were received, filed and approved. 27. Purchase of Services Grant Agreement - St. John's Lutheran Church: City Manager recommending approval of a Purchase of Ser- vices Agreement with St. John’s Lutheran Church for Fiscal Year 2017 to help fund St. John’s Lutheran Church, Almost Home, which provides overnight shelter to homeless men. Upon motion the documents were received, filed and approved. 28. Purchase of Services Grant Agreement - My GEAR Outreach: City Manager recom- mending Council approval of a Purchase of Services Agreement with My GEAR Outreach for Fiscal Year 2017 to provide an overnight bag to children entering foster care for the first time containing items they may need while in foster care. Upon motion the documents were received, filed and approved. 29. Pre-Annexation Agreement – Sweeney: City Manager recommending ap- proval of a Pre-Annexation Agreement with William P. Sweeney, owner of property located Book 146 Regular Session, July 5, 2016 301 at 10524 Key West Drive, which is part of the Twin Ridge and Key West Drive projects. Up- on motion the documents were received and filed and Resolution No. 263-16 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and William P. Sweeney was adopted. RESOLUTION NO. 263-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND WILLIAM P. SWEENEY Whereas, William P. Sweeney, owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 1 of Lot 19, Lot 20, and the south ½ of Lot 21 in Key West, Section 13, Ta- ble Mound Township, Dubuque County, Iowa according to the recorded plats thereof; subject to highway and ease- ments of record; and Whereas, William P. Sweeney has entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Proper- ty; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the city of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between William P. Sweeney and the City of Dubuque is hereby approved. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 30. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager of Government Relations for Media- com Communications Company, informing the City of the addition of foreign language chan- nels effective on or about July 20, 2016. Upon motion the documents were received and filed. 31. Dubuque Bulldog Lacrosse Club: Cor- respondence from the Dubuque Bulldog La- crosse Club requesting the use of the empty lots in the Technology Park for practice areas. Upon motion the documents were received, filed and referred to the City Manager. 32. Signed Contracts: A.Y. McDonald Mfg. Co. & Interstate Power and Light Company Revocable Property License Agreement for a portion of 12th Street property; DISTek Inte- gration, Inc. short-term Lease and Site Access Agreement for 3rd-floor space in the Historic Federal Building; Strand Associates agree- ment for technical services related to the Ter- minal Street Pumping Station and Force Main Evaluation. Upon motion the documents were received and filed. 33. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew Cook & Sons Excavating for the Verena Court Pro- ject. Upon motion the documents were re- ceived, filed and approved. 34. Tobacco Compliance – Civil Penalty for Tobacco License Holder – Moondog Music: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Moondog Music, 806 Wacker Drive #120. Upon motion the documents were received, filed and ap- proved. 35. Alcohol Compliance Civil Penalty for Alcohol License Holder – National Mississippi River Museum and Aquarium: City Manager recommending approval of the Acknowledg- ment/Settlement Agreement for an alcohol compliance violation for National Mississippi River Museum and Aquarium, 350 E. 3rd Street. Upon motion the documents were re- ceived, filed and approved. 36. Business License Refund: Request by Ron Nemmers for a refund of the liquor license LA0000178 for Dubuque Golf and Country Club located at 1800 Randall Place in the amount of $97.50 due to license upgrade. Up- on motion the documents were received, filed and approved. 37. 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. 264-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Book 146 Regular Session, July 5, 2016 302 Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 264-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Applebee's Neighborhood Grill and Bar, 1395 Associates Dr., Class C Liquor (Sunday) Diamond Jo Casino, 301 Bell St., Class C Liq- uor, Class B Wine (Outdoor) (Sunday) House of China, 170 JF Kennedy Rd., Class C Liquor (Sunday) Hy-Vee Club Room, 2395 NW Arterial, Class C Liquor (Sunday) Jubeck New World Brewing LLC, 115 W. 11th St., Class B Beer (Sunday) Knickers Saloon, 2186 Central Ave., Class C Liquor (Living Qtrs.) (Outdoor) (Sunday) Shannon's Bar & Grill, 521 E 22nd St., Class C Liquor (Sunday) Vinny Vanucchis Little Italy, 180 Main St., Class C Liquor, Class B Wine (Sunday) Walnut Tap Tavern, 709 University Ave., Class C Liquor (Sunday) New Fas Mart #5159, 2175 Central Ave, Class E Liquor, Class B Native Wine, Class B Beer (Sunday) Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Sale of Property - 595 Angella Street: City Manager recommending a public hearing be set for July 18, 2016, on the sale of proper- ty located at 595 Angella Street to Craig Nesteby. Upon motion the documents were received and filed and Resolution No. 265-16 Resolution of Intent to dispose of City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 18, 2016 in the Historic Federal Building. RESOLUTION NO. 265-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET- TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of 595 Angella Street (the Proper- ty) legally described as: Lot 21 of Quigley’s Subdivision of Out Lot 709 in the City of Dubuque, Iowa according to the recorded Plat of said Addition; and Whereas, City acquired the Property as vacant/abandoned property in which the City of Dubuque took possession of in February 2015 through Court Order by filing for petition for; and Whereas, City and Craig Nesteby entered into a Contract Agreement pursuant to which City will convey the Property to Craig Nesteby as approved by the City Council; and Whereas, conveying the Property to Craig Nesteby is consistent with the City’s intent for this specific property; and Whereas, City desires to hold the required public hearing and conveyance of the Property to Craig Nesteby. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the follow- ing legally described property: Lot 21 of Quigley’s Subdivision of Out Lot 709 in the City of Dubuque, Iowa according to the recorded Plat of said Addition. Section 2. That the City of Dubuque, Iowa proposes to dispose of its interest in the Prop- Book 146 Regular Session, July 5, 2016 303 erty to Craig Nesteby for the sum of Two Hun- dred Fifty dollars ($250.00). Section 3. That the City Clerk is hereby au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the Property to be held on the 18th day of July, 2016, at 6:30 o’clock p.m. at the Historic Federal Build- ing, 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Sale of Property - 321 Valeria Street: City Manager recommending a public hearing be set for July 18, 2016 on the sale of property located at 321 Valeria Street to Dawn M. Red- fern a/k/a Dawn M. Adams. Upon motion the documents were received and filed and Reso- lution No. 266-16 Resolution of Intent to dis- pose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 18, 2016 in the Historic Federal Building. RESOLUTION NO. 266-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET- TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of 321 Valeria Street (the Proper- ty) legally described as: Lot 1 of Lot 130 in L.H. Langworthy’s Addition in the City of Dubuque, Iowa according to the recorded Plat of said Addition; and Whereas, City acquired the Property as vacant/abandoned property in which the City of Dubuque took possession of in October 2015 through Court Order by filing for petition for; and Whereas, City and Dawn M. Redfern a/k/a/ Adams entered into a Contract Agreement pursuant to which City will convey the Property to Dawn M. Redfern a/k/a/ Adams as approved by the City Council; and Whereas, conveying the Property to Dawn M. Redfern a/k/a/ Adams is consistent with the City’s intent for this specific property; and Whereas, City desires to hold the required public hearing and conveyance of the Property to Dawn M. Redfern a/k/a/ Adams. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the follow- ing legally described property: Lot 1 of Lot 130 in L.H. Langworthy’s Addition in the City of Dubuque, Iowa according to the recorded Plat of said Addition. Section 2. That the City of Dubuque, Iowa proposes to dispose of its interest in the Prop- erty to Dawn M. Redfern a/k/a/ Adams for the sum of one dollar ($1.00). Section 3. That the City Clerk is hereby au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the Property to be held on the 18th day of July, 2016, at 6:30 o’clock p.m. at the Historic Federal Build- ing, 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Sale of Property - 2283 White Street: City Manager recommending a public hearing be set for July 18, 2016 on the sale of property located at 2283 White Street to Shawn and Christina Hanen. Upon motion the documents were received and filed and Resolution No. 267-16 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on July 18, 2016 in the Historic Federal Building. RESOLUTION NO. 267-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET- TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of 2283 White Street (the Proper- ty) legally described as: The East Half of the North ¼ of Lot 16”P” and the East Half of the South Half of Lot 18, in L.H. Langworthy’s Addition, in the City of Dubuque, Iowa according to the recorded plat thereof; and Whereas, City acquired the Property as vacant/abandoned property in which the City of Dubuque took possession of in October 2015 through Court Order by filing for petition for; and Whereas, City and Shawn C. and Christina M. Hanen entered into a Contract Agreement pursuant to which City will convey the Property to Shawn C. and Christina M. Hanen as ap- proved by the City Council; and Book 146 Regular Session, July 5, 2016 304 Whereas, conveying the Property to Shawn C. and Christina M. Hanen is con- sistent with the City’s intent for this specific property; and Whereas, City desires to hold the required public hearing and conveyance of the Property to Shawn C. and Christina M. Hanen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the follow- ing legally described property: The East Half of the North ¼ of Lot 16”P” and the East Half of the South Half of Lot 18, in L.H. Langworthy’s Addition, in the City of Dubuque, Iowa according to the recorded plat thereof. Section 2. That the City of Dubuque, Iowa proposes to dispose of its interest in the Prop- erty to Shawn C. and Christina M. Hanen for the sum of one dollar ($1.00). Section 3. That the City Clerk is hereby au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the Property to be held on the 18th day of July, 2016, at 6:30 o’clock p.m. at the Historic Federal Build- ing, 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Annexation - Dubuque Industrial Center West: City Manager recommending the City Council set a public hearing for August 1, 2016, on a 100% voluntary annexation request filed by the City Manager for approximately 21.14 acres of newly acquired land near the Dubuque Industrial Center West north of Humke Road and west of Seippel Road to facilitate a lease with Alliant Energy for a new solar energy site. Upon motion the documents were received and filed and Resolution No. 268-16 Setting a public hearing on an applica- tion for voluntary annexation of territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2016 in the Historic Federal Building. RESOLUTION NO. 268-16 SETTING A PUBLIC HEARING ON AN AP- PLICATION FOR VOLUNTARY ANNEXA- TION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the City Manager for the voluntary annexation of ap- proximately 21.14 acres of property west of Seippel Road and north of Humke Road owned by the City of Dubuque for lease to Alliant Energy and consisting of the Northern Portion of Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque Coun- ty, Iowa according to the plat thereof, as shown on Exhibits A and B and legally de- scribed in Exhibit C; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad property; and Whereas, the annexation territory does not abut or include Dubuque County right-of-way; and Whereas, Iowa Code Section 368.7 author- izes the extension of City limits in situations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the City’s Comprehensive Plan; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held on the 1st day of August, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed annexa- tion, and the City Clerk be and is hereby di- rected to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC HEARINGS 1. Dubuque River Rides Docking Lease Agreement: Proof of publication on notice of public hearing to consider approval of a Dock- ing Lease Agreement with Dubuque River Rides in the Dubuque Ice Harbor and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 269-16 Approving the disposal of an interest in real property owned by the City of Dubuque by Docking License Agreement between the City of Dubuque, Iowa and Dubuque River Rides. Seconded by Jones. Motion carried 7-0. Book 146 Regular Session, July 5, 2016 305 RESOLUTION NO. 269-16 APPROVING THE DISPOSAL OF AN IN- TEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY DOCKING LI- CENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE RIV- ER RIDES Whereas, the City of Dubuque, Iowa is the owner of the real property legally described as follows: Part of the Dubuque Ice Harbor Located in the West ½ of the NW ¼ Section 30 T89NR3E of the 5th PM. in the City of Dubuque, Iowa as shown on Exhibit A; and Whereas, Dubuque River Rides desires a docking license for part of the property as shown on Exhibit A for docking of vessels and other business activities upon the terms set forth in a Docking License Agreement which is on file at the office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, City and Dubuque River Rides have agreed to the Docking License Agree- ment, which among other things, provides for a term through April 30, 2021; and Whereas, on July 5, 2016, the City Council pursuant to notice published as required by law held a public hearing on its intent to dis- pose of the foregoing interest in real property and overruled all objections thereto; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the Docking License Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Docking License Agree- ment between the City and Dubuque River Rides is hereby approved. Section 2. The Mayor is authorized and di- rected to execute said Docking License Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS 1. Code of Ordinances Amendment Title 1 Start Time for City Council Meetings (Final Reading): City Attorney submitting a proposed ordinance adjusting the start time for regular meetings. Motion by Del Toro to postpone indefinitely. Seconded by Jones. Motion failed 3-4 with Connors, Jones, Buol, and Lynch vot- ing nay. Motion by Connors for final consideration and passage of Ordinance No. 28-16 Amend- ing City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure, Sec- tion 1-6A-3 Types of Meeting by establishing the meeting time for regular City Council meet- ings of 6:00 PM. Seconded by Jones. Motion carried 4-3 with Rios, Resnick and Del Toro voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 28-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRATION, CHAPTER 6 MAYOR AND CITY COUNCIL, ARTICLE A RULES AND PROCEDURE, SECTION 1-6A-3 TYPES OF MEETING BY ESTABLISHING THE MEETING TIME FOR REGULAR CITY COUNCIL MEETINGS OF 6:00 P.M. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 1-6A-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 1-6A-3: TYPES OF MEETINGS: A. Regular Meetings: Regular meetings of the council must be held on the first and third Mondays of each month. However, when the first or third Monday falls upon any of the fol- lowing city holidays, such meeting must be held on the next succeeding day: New Year's Day Martin Luther King's Birthday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve Unless otherwise indicated in the notice of meeting, regular meetings will commence at 6:00 p.m. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted this 5th day of July, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 2nd day of August, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Code of Ordinances Amendment - Title 2 Resilient Community Advisory Commission (2nd Reading): City Manager is recommending the formation of a Resilient Community Advi- sory Commission as initiated during the Au- gust 2015 City Council goal-setting process. Consistent with the approved recommenda- tion, the words, “…to create a viable, livable and equitable community” have been added to the purpose statement. Motion by Connors to Book 146 Regular Session, July 5, 2016 306 receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-1 with Del Toro voting nay. Responding to questions from the City Council, City Manager Van Milligen defined the difference between the recently-applied-for resiliency grant and the resiliency community advisory commission. Sustainability Coordina- tor Cori Burbach addressed the “adverse vul- nerabilities:” and other common words that appeared in the community engagement report and used to define the commission. Council Member Connors requested that the list of tasks and member qualifications be included in the information when staff advertises for appli- cants. Motion by Connors for final consideration and passage of Ordinance No. 32-16 Amend- ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter 6 Environmental Stewardship Adviso- ry Commission and Adopting a New Chapter 6 Resilient Community Advisory Commission in Lieu Thereof Establishing the Resilient Com- munity Advisory Commission and Providing for the Powers, Operation, Membership, and Meetings. Seconded by Jones. Motion carried 6-1 with Del Toro voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 32-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS BY REPEALING CHAPTER 6 ENVIRONMENTAL STEWARDSHIP ADVI- SORY COMMISSION AND ADOPTING A NEW CHAPTER 6 RESILIENT COMMUNITY ADVISORY COMMISSION IN LIEU THERE- OF ESTABLISHING THE RESILIENT COM- MUNITY ADVISORY COMMISSION AND PROVIDING FOR THE POWERS, OPERA- TION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 6 of the City of Dubuque Code of Ordinances is hereby re- pealed and the following adopted in lieu there- of: Chapter 6 RESILIENT COMMUNITY ADVISORY COM- MISSION 2-6-1: Commission Created: There is hereby created the Resilient Community Advi- sory Commission. 2-6-2: Purpose: The purpose of the com- mission is to advise on city policies and prac- tices to assure resilient outcomes; facilitate the ability to adapt to factors influencing the so- cial/cultural, economic and environmental wellbeing of the community; prevent, prepare for, and recover from adverse vulnerabilities and change through coordination, data analy- sis, evaluation and citizen engagement; and to create a viable, livable and equitable commu- nity. 2-6-3: Internal Organization and Rules: The commission may adopt rules and regula- tions to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. 2-6-4: Procedures for Operation: All admin- istrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. 2-6-5: Membership: A. The commission comprises nine (9) residents of the city, appointed by the city council. B. Qualifications. Efforts should be taken to balance the composition of the commission as follows: 1. Members must be able to think sys- temically and analyze data in order to meet the stated purpose of the com- mission. 2. Members' interest and/or expertise must represent the three pillars of the Sustainable Dubuque model: eco- nomic prosperity, environmental in- tegrity, and social/cultural vibrancy. 3. Members should represent a wide range of sectors within the communi- ty, including business, neighbor- hoods, non-profit, and educational in- stitutions. 4. Three (3) or more members should al- so hold positions on one of the follow- ing commissions: Arts & Culture Ad- visory Commission, Catfish Creek Watershed Management Authority, Community Development Advisory Commission, Historic Preservation Commission, Housing Commission, Human Rights Commission, Long Range Planning Advisory Commis- sion, Parks & Recreation Advisory Commission, Transit Advisory Com- mission, and/or Zoning Advisory Commission. 5. Members should represent the socio- economic, geographic, and demo- graphic diversity of the community, including youth representation. 2-6-6: Oath: Each person, upon appoint- ment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the ap- pointment or reappointment or at the city clerk’s office any time prior to the first meeting of the commission. Book 146 Regular Session, July 5, 2016 307 2-6-7: Terms: The term of office for com- missioners is three (3) years or until such commissioner’s successor is appointed and qualified. 2-6-8: Vacancies: Vacancies must be filled in the same manner as original appointments. 2-6-9: Officers/Organization: The commis- sioners must choose annually a chairperson and vice-chairperson, each to serve a term of one (1) year. The chairperson must appoint a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer’s unexpired term. 2-6-10: meetings: A. Regular Meetings. The commission must meet monthly. B. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. D. Attendance. 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being ex- cused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replace- ment appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes. A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meet- ing, whichever is later. F. Quorum. Five (5) commissioners con- stitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners pre- sent and voting is necessary for the adoption of any motion or resolution. 2-6-11: Compensation: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits estab- lished in the city administrative policies budget. 2-6-12: Removal: Except as provided in 2- 6-10(D)(1), the city council may remove any commissioner for good cause. 2-6-13: Powers: The commission has the following powers, duties, and responsibilities: A. To review research and data in order to provide input on re-identification, prevention, and plans for potential economic, environmental, and so- cial/cultural vulnerabilities. B. To review plans for long-term preven- tion, preparedness, and recovery ef- forts. C. To review policy and program recom- mendations to the city council in order to influence resilient outcomes for the community. D. To provide comment to the city council on the allocation of budgeted city funding to achieve adopted resiliency goals. E. To educate and engage the public on commission priorities. F. To provide input on and review strate- gies to address identified vulnerabili- ties in collaboration with city staff, other city commissions and communi- ty partners. G. To review and make recommenda- tions regarding Sustainable Dubuque Community Grant allocations. H. To respect the policy making authority of the city council, the city manager’s responsibilities to implement the goals and priorities the council estab- lishes (council manager form of gov- ernment) and the responsibility of city staff to report to the city manager. I. To ensure coordination and communi- cation with other commissions. Section 3. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 5th day of July, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of July, 2016. /s/Kevin S. Firnstahl, City Clerk 3. Code of Ordinances Amendment Title 4 - Solicitor's License: City Manager recom- mending adoption of an ordinance that modi- fies the provision for denial, suspension, or revocation by giving the City more guidance when handling a solicitor's license. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 33-16 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 mod- Book 146 Regular Session, July 5, 2016 308 ifying the reasons for denial, suspension, or revocation of a license. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 33-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 5 SO- LICITOR’S LICENSE, SECTION 4-5-10 DE- NIAL, SUSPENSION, OR REVOCATION OF LICENSE BY MODIFYING THE REASONS FOR DENIAL, SUSPENSION, OR REVOCA- TION OF A LICENSE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-5-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 4-5-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: A. The city manager may, upon good cause, deny issuance or renewal of a license or suspend or revoke any li- cense issued under this article for a period not to exceed one year for any of the following: 1. Violation of any federal, state, or lo- cal law, including, but not limited to, a violation of this chapter or any other chapter of this code; 2. Misrepresentation of any material fact in the application for a license; 3. Failure to cooperate with law en- forcement; or 4. The licensee, owner, manager, part- ner, corporate officer, or director has been convicted of a crime in- volving robbery, burglary, theft, for- gery, fraud, or deceptive practices, the possession, manufacture, or de- livery of a controlled substance, possession with intent to manufac- ture or deliver a controlled sub- stance, possession of drug para- phernalia, or nonpayment of excise taxes for a controlled substance, nonpayment of other taxes, or demonstrated insolvency. 5. Misrepresentation of the source, condition, quality, weight, or meas- ure of the product sold by such so- licitor; or 6. If any judgment recovered against such solicitor with reference to the operation of the business within the city remains unpaid for a period of six (6) months, provided such judgment be not stayed under a su- persedes bond upon appeal from such judgment. B. The city clerk must give written notice of the revocation, suspension, or de- nial of renewal of any license issued under the provisions of this chapter to the license holder and the surety or sureties furnishing the bond provided for herein. C. In the event of such revocation, sus- pension, or denial or nonrenewal, no other solicitor's license may be issued to such person for a period of two (2) years thereafter. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 5th day of July, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of July, 2016. /s/Kevin S. Firnstahl, City Clerk 4. 30-Inch Sanitary Sewer Force Main Pro- ject Phase II Award: City Manager recom- mending award of the construction contract for the Phase II of the 30-Inch Force Main Reloca- tion Project from 11th Street to 12th Street to the low bidder Top Grade Excavating, Inc. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 270-16 Awarding the public improvement contract for Phase II of the 30-Inch Force Main Relocation Project from 11th Street to 12th Street. Second- ed by Lynch. Motion carried 7-0. RESOLUTION NO. 270-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR PHASE II OF THE 30 INCH FORCE MAIN RELOCATION PROJECT FROM 11TH STREET TO 12TH STREET Whereas, sealed proposals have been submitted by contractors for Phase II of the 30 inch Force Main Relocation Project from 11th Street to 12th Street, (the Project) pursuant to Resolution No. 222-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of June, 2016; and Whereas, said sealed proposals were opened and read on the 23rd day of June, 2016 and it has been determined that Top Grade Excavating, Inc. of Farley, Iowa with a bid in the amount of $338,888.00 is the lowest responsive, responsible bidder for the Project. 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 Top Grade Excavat- ing, Inc. and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Book 146 Special Session, July 11, 2016 309 Passed, approved and adopted this 5th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Request for Proposals - Fair Housing Testing: City Manager recommending approval of the release of a Request for Proposals for Fair Housing Testing, as approved during the Fiscal Year 2017 budget process. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Resnick reported on hav- ing seen traffic signals that blink green before turning yellow and single-lane roundabouts during his recent visit to Austria and suggested staff explore the concepts. He added how im- pressed he was with seeing Dubuque upon his return and complimented staff and citizens for their contribution. There being no further business, upon mo- tion the City Council adjourned at 7:14 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on July 11, 2016 at 420 Garfield Avenue. Present: Council Members Connors, Lynch, Resnick, Rios; City Manager Van Milli- gen Absent: Mayor Buol, Council Members Del Toro and Jones At-Large Council Member Resnick read the call and stated this is a special session of the City Council called for the purpose of conduct- ing a walking tour of the Upper Bee Branch Creek Restoration Project. Election of Presiding Officer: Motion by Resnick to volunteer as Presiding Officer. Se- conded by Connors. Motion carried 4-0. WORK SESSION Walking Tour of the Upper Bee Branch Creek Restoration Project Presiding Officer Resnick introduced Mr. Mark Scouten, Director of Iowa Homeland Security and Emergency Management and Chairman of the Iowa Flood Mitigation Board who participated in the tour. City of Dubuque Civil Engineer Deron Muehring and Project Manager Steve Brown conducted a walking tour of the Bee Branch Creek Restoration Project. Mr. Muehring and Mr. Brown highlighted the progress on the project since the May 23 tour. Topics of dis- cussion included completion of the Rhomberg Avenue Bridge, project management facilities, landscape considerations, fish and wildlife components, expansion of stormwater con- veyances from adjoining streets and the use of bioswales, off-street parking availability and plans for bike/hike paths and connections to existing trails. Mr. Muerhing and Mr. Brown responded to questions from the City Council and citizens present. There being no further business, upon mo- tion the City Council adjourned at 6:37 p.m. /s/Kevin S. Firnstahl, City Clerk Book 146 Regular Session, July 18, 2016 310 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 18, 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 Lindahl 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 STATEMENT BY MAYOR ROY D. BUOL Mayor Buol read a prepared statement saying in part that the basic tenet of civility and the standards of courtesy, respect and consid- eration are expected by and from elected offi- cials and citizens. Addressing issues with neg- ative remarks toward or about a council mem- ber or members, or members of city staff will be deemed out of order. The same standards in place for public input are in place at the Council table. As elected leaders we have a responsibility to uphold a high standard for communications, representation and decision making about which our community as a whole can be proud. PROCLAMATION(S) Dubuque County Fair Week (July 26-31, 2016) was accepted by Ann Schuster, Dubu- que County Fair Board President CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 7/5, 7/11; Community Development Advisory Commission of 6/21; Housing Commission of 6/28; Library Board of Trustees of 2/25, 3/24, 4/28; Library Board of Trustees Council Update of 6/23; Zoning Advi- sory Commission of 7/6; Proof of publication for City Council Proceedings of 6/20. Upon motion the documents were received and filed. 2. Disposition of Claims: City Attorney ad- vising that the following claim has been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Shannon's Sports Bar for property dam- age. Upon motion the documents were re- ceived, filed and concurred. 3. Notice of Claims and Suits: Shannon's Sports Bar for property damage. Upon motion the documents were received, filed and re- ferred to the City Attorney. 4. Anderson Sainci Appointed to the Iowa Commission on Volunteer Service: City Man- ager transmitting correspondence from the Office of the Governor advising that Resource Management Coordinator Anderson Sainci has been appointed to the Iowa Commission on Volunteer Service. Upon motion the docu- ments were received and filed. 5. City of Dubuque Dollars & Cents Bro- chure: City Manager transmitting the City of Dubuque's Dollars & Cents public information brochure that describes the City's utility rates, property taxes, online open budget access, general revenues and expenditures, and debt reduction plan. Upon motion the documents were received and filed. 6. Second Amendment to Development Agreement - Friends of St. Mary's D/B/A Stee- ple Square: City Manager recommending ap- proval of the Second 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 Resolution No. 272-16 Approving the Second 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. 272-16 APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BE- TWEEN 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, for the rehabil- itation of 1501 Jackson Street, Dubuque, Iowa (the Property); and Whereas, the parties desire to amend the Development Agreement with respect to au- thorization to assign the rights and obligations of the Developer under the Development Agreement to a third party and to revise the deadlines for closing and substantial comple- Book 146 Regular Session, July 18, 2016 311 tion of construction as set forth in the Second Amendment to Development Agreement; and Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should approve to the Second Amendment to Devel- opment 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 Second Amendment to Development Agreement, a copy of which is attached hereto. Section 2. The Mayor is authorized and di- rected to sign the Second Amendment to De- velopment Agreement of behalf of the City of Dubuque. Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Assignment of Development Agreement - Friends of St. Mary's D/B/A Steeple Square: City Manager recommending approval of the assignment of the Development Agreement with Friends of St. Mary’s D/B/A Steeple Square for the property located at 1501 Jack- son Street to Jackson Street School, LLC. Upon motion the documents were received and filed and Resolution No. 273-16 Approving the assignment of the Development Agree- ment between the City of Dubuque and Friends of St. Mary's D/B/A Steeple Square from Friends of St. Mary's D/B/A Steeple Square to Jackson Street School, LLC was adopted. RESOLUTION NO. 273-16 APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND FRIENDS OF ST. MARY’S D/B/A STEEPLE SQUARE FROM FRIENDS OF ST. MARY’S D/B/A STEEPLE SQUARE TO JACKSON STREET SCHOOL, LLC Whereas, the City Council of the City of Dubuque, by Resolution No. 176-16, dated May 2, 2016 entered into a Development Agreement with Friends of St. Mary’s D/B/A Steeple Square (Developer), as amended; and Whereas, pursuant to the Development Agreement Developer is required to provide certain improvements to real estate owned by Friends of St. Mary’s D/B/A Steeple Square, known locally as 1501 Jackson Street, Dubu- que, Iowa (the Property); and Whereas, in order to facilitate rehabilitation of the Property, and in particular to accommo- date the use of historic tax credits, the Proper- ty will be or has been deeded to Jackson Street School, LLC, an Iowa limited liability company; and Whereas, Developer desires to assign the Development Agreement to Jackson Street School, LLC pursuant to the Assignment at- tached hereto in order to facilitate the rehabili- tation of the Property; and Whereas, in the Second Amendment to Development Agreement the proposed as- signment is authorized subject to City Council approval; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Assignment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Assignment is hereby ap- proved. Section 2. The Mayor is hereby authorized and directed to execute the Assignment on behalf of the City of Dubuque. Passed, approved and adopted the 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Pre-Annexation Agreement - Lee M. Nesteby: City Manager recommending ap- proval of a Pre-Annexation Agreement with Lee M. Nesteby, property owner of 10672 Key West Drive. Upon motion the documents were received and filed and Resolution No. 274-16 Approving a Pre-Annexation Agreement be- tween the City of Dubuque, Iowa and Lee M. Nesteby was adopted. RESOLUTION NO. 274-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LEE M. NESTEBY Whereas, Lee M. Nesteby, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 33, the North ½ of Lot 32 and the Southerly 25 feet of Lot 34, in Key West, Dubuque County, Iowa according to the rec- orded plats thereof; and Whereas, Lee M. Nesteby, has entered in- to a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Proper- ty; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is Book 146 Regular Session, July 18, 2016 312 consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Lee M. Nesteby and the City of Dubuque is hereby approved. Passed, approved and adopted this 18th day of July, 2016. By: Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. CS Technologies, Inc. Agreement: City Manager recommending approval of a Master Co-Location and Shared Services Agreement between the City of Dubuque and CS Tech- nologies, Inc. to pull fiber through approxi- mately 58,928 feet of City-owned conduit. Up- on motion the documents were received, filed and approved. 10. College Transit Partnership Contracts: City Manager recommending approval of the contracts with Clarke University, Loras College and University of Dubuque for continuation of the college partnership for the 2016-2017 school year. Upon motion the documents were received, filed and approved. 11. Public Works Truck Driver to Utility Worker - Retitling of Position: City Manager recommending the City Council approve the retitling of the position of Truck Driver to Utility Worker. Upon motion the documents were received, filed and approved. 12. ADA Review and Update of Self- Evaluation and Transition Plan Consultant Selection: City Manager recommending ap- proval of the selection of Recreation Accessi- bility Consultants, LLC as the consultant to conduct an ADA Review and Update of Self- Evaluation and Transition Plan. Upon motion the documents were received, filed and ap- proved. 13. Port of Dubuque Marina Report: City Manager transmitting the Port of Dubuque Marina Monthly Report outlining results for Fiscal Year 2016. Upon motion the documents were received and filed. 14. Grand River Center Ballroom Carpet Replacement Project Award: City Manager recommending the award for the Grand River Center Ballroom Carpet Replacement Project to Commercial Flooring be officially recorded in the minutes of the City Council. Upon mo- tion the documents were received, filed and made a Matter of Record. 15. Grand River Center Concourse and River Room Carpet Replacement Project Award: City Manager recommending the award for the Grand River Center Concourse and River Room Carpet Replacement Project to Commercial Flooring be officially recorded in the minutes of the City Council. Upon mo- tion the documents were received, filed and made a Matter of Record. 16. EPA Brownfield Cleanup Grant - Appli- cation and Award: Economic Development Director Maurice Jones is transmitting a memo to notify City Council of the City’s application to the Environmental Protection Agency for Cleanup financial assistance for the proposed remediation of contamination at 501 East 15th Street. Upon motion the documents were re- ceived, filed and approved. 17. Improvement Contracts / Performance, Payment and Maintenance Bonds: Top Grade Excavating, Inc. for the Truck Country Sanitary Sewer North Extension Project. Upon motion the documents were received, filed and ap- proved. 18. Alcohol Compliance Civil Penalty for Alcohol License Holder – Northside Bar: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for Northside Bar, 276 Jackson Street. Upon motion the docu- ments were received, filed and approved. 19. Alcohol and Tobacco License Applica- tions: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed and Reso- lution No. 275-16 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; and Resolution No. 276-16 Approving applications for retail ciga- rette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A were adopt- ed. RESOLUTION NO. 275-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- Book 146 Regular Session, July 18, 2016 313 UOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS W hereas, applications for Beer, Liquor, and or W ine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and W hereas, 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 re- quirements of the Code of Ordinances. NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW A: Section 1. The City Clerk is hereby author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Bell Tower Productions, 2728 Asbury Rd., Special Class C Liquor (Sunday) Casey's General Store #2420, 2699 Rockdale Rd., Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Casey's General Store #2421, 4003 Peru Rd., Class E Liquor, Class B Native Wine, Class C Beer (Sunday) New The Lift, 180 Main St., Class C Liquor (Sun- day) Special Event National Mississippi River Museum 8-2-16, 350 & 400 E. 3rd St., Special Class C Liq- uor (Sunday) Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 276-16 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; 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 oth- erwise 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 author- ized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. BP Fuel, 1450 Loras Blvd. Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Grandview Avenue at Loras Boulevard and Grandview Avenue and University Avenue Intersection Improvements Project: City Man- ager recommending initiation of the public bid- ding procedure for the Grandview Avenue and Loras Boulevard and Grandview Avenue and University Avenue Intersection Improvement Project, and further recommends that a public hearing be set for August 1, 2016. Upon mo- tion the documents were received and filed and Resolution No. 277-16 Preliminary ap- proval of plans, specifications, form of con- tract, and estimated cost; setting date of public hearing on plans, specifications, form of con- tract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2016 in the Historic Federal Building. RESOLUTION NO. 277-16 GRANDVIEW AVENUE & LORAS BOULE- VARD AND GRANDVIEW AVENUE & UNI- VERSITY AVENUE INTERSECTION IM- PROVEMENT PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEAR- ING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue Intersection Im- provement Project in the estimated amount $589,424.92, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 1st day of August, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and Book 146 Regular Session, July 18, 2016 314 specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue Inter- section Improvement Project t is hereby or- dered to be advertised for bids for construc- tion. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will occur not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 4th day of August, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 15th day of August, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Sale of Property - Lot 1-16 and Lot 2-16 in Linhein Subdivision (Mt. Carmel Road): City Manager recommending the City Council set a public hearing for August 1, 2016, on the sale of Lot 1-16 and Lot 2-16 in Linhein Subdivision to Scott and Sandra Cairns. Upon motion the documents were received and filed and Reso- lution No. 278-16 Intent to dispose of an inter- est in City-owned real property by sale to R. Scott Cairns and Sandra K. Cairns was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2016 in the Historic Federal Building. RESOLUTION NO. 278-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY SALE TO R. SCOTT CAIRNS AND SANDRA K. CAIRNS Whereas, the City of Dubuque, Iowa (City) owns the following real property: Lot 1-16 and Lot 2-16 in Linhein Subdi- vision, in the City of Dubuque, Iowa (the Property); and Whereas, City has entered into an agree- ment with R. Scott Cairns and Sandra K. Cairns to sell the Property to R. Scott Cairns and Sandra K. Cairns, a copy of which agree- ment is attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the sale of the Property to R. Scott Cairns and Sandra K. Cairns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described real property by sale to R. Scott Cairns and Sandra K. Cairns. Section 2. The City Clerk is hereby author- ized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of an interest in the foregoing-described real property, to be held on the 1st day of August, 2016, at 6:30 o'clock p.m. at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applications to the following boards / commissions were reviewed. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Human Rights Commission: One, 3-year term through January 1, 2019 (Vacant term of Jones). Applicant: Kate Parks, 486 Clarke Dr. Ms. Parks spoke in support of her appoint- ment. 2. Investment Oversight Advisory Commis- sion: One, 3-year term through July 1, 2019 (Expiring term of Ruden). Applicant: Gary Ru- den, PO Box 835. 3. Zoning Advisory Commission: (Correct- ed) Two, 3-year terms through July 1, 2018 (Vacant term of Dietzel and expiring term of Norton). Mayor Buol acknowledged receipt of correspondence from Rich Russell writing in support of his appointment. Applicants: Patrick Norton, 920 Valentine Dr.; Rich Russell, 2045 Embassy West Dr. Mr. Norton spoke in sup- Book 146 Regular Session, July 18, 2016 315 port of his appointment and noted the correc- tion to the number of vacancies in light of his expiring term. PUBLIC HEARINGS 1. Request to Rezone - 485 North Grandview Avenue: Proof of publication on notice of public hearing to consider a request by Richard Hartig to rezone property located at 485 North Grandview Avenue from OC Office Commercial District to C-2 Neighborhood Commercial Shopping Center District and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-0 with Lynch abstaining due to a con- flict of interest. Planning Services Manager Laura Carstens provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 34-16 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 485 North Grandview Avenue from OC Office Commercial District to C-2 Neigh- borhood Shopping Center District. Seconded by Jones. Motion carried 6-0 with Lynch ab- staining due to a conflict of interest. OFFICIAL PUBLICATION ORDINANCE NO. 34-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 485 NORTH GRANDVIEW AVENUE FROM OC OFFICE COMMERCIAL DISTRICT TO C-2 NEIGH- BORHOOD SHOPPING CENTER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter–described property from OC Office Commercial District to C-2 Neigh- borhood Shopping Center District, to wit: Lot 4 Hodges Subdivision, and to the centerline of the adjoining public right- of-way, all in the City of Dubuque, Io- wa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of July, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone - 2162 Rockdale Road: Proof of publication on notice of public hearing to consider a request by Bruce Radtke to rezone a portion of 2162 Rockdale Road from R-1 Single-Family Residential to C-3 General Commercial District to permit busi- ness expansion and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Jones. Motion carried 6- 0 with Lynch abstaining due to a conflict of interest. Planning Services Manager Laura Carstens provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 35-16 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2162 Rockdale Road from R-1 Sin- gle-Family Residential District to C-3 General Commercial District. Seconded by Jones. Mo- tion carried 6-0 with Lynch abstaining due to a conflict of interest. OFFICIAL PUBLICATION ORDINANCE NO. 35-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2162 ROCKDALE ROAD FROM R-1 SINGLE-FAMILY RESI- DENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter–described property from R-1 Single-Family Residential District to C-3 General Commercial District, to wit: Lot 2 of Mineral Lot 482, and to the centerline of the adjoining public right- of-way, all in the City of Dubuque, Io- wa. Book 146 Regular Session, July 18, 2016 316 Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of July, 2016. /s/Kevin S. Firnstahl, City Clerk 3. Amend Institutional District - Padre Pio Health Care Center: Proof of publication on notice of public hearing to consider a request from Straka Johnson Architects, PC / Stonehill Franciscan Services, 3160 Sheridan Road, to expand the Padre Pio Health Care Center In- stitutional District to facilitate construction of a secondary access to Sheridan Road and the Zoning Advisory Commission recommending approval. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. City Manager Van Milligen re- sponded to questions regarding the potential for sidewalks in the area as they relate to the City’s sidewalk program and issues with con- nections to existing sidewalks, future devel- opment, expense and severe topography. Motion by Lynch for final consideration and passage of Ordinance No. 36-16 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, Rescind- ing Ordinance 45-11 and approving an amended Campus Development Plan for Pa- dre Pio Health Care Center Institutional District to rezone 3160 Sheridan Road from R-1 Sin- gle-Family Residential District to ID Institution- al District and Construct a new access drive to Sheridan Road. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 36-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, RESCINDING ORDINANCE 45-11 AND APPROVING AN AMENDED CAMPUS DEVELOPMENT PLAN FOR PADRE PIO HEALTH CARE CENTER INSTITUTIONAL DISTRICT TO REZONE 3160 SHERIDAN ROAD FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO ID IN- STITUTIONAL DISTRICT AND CONSTRUCT A NEW ACCESS DRIVE TO SHERIDAN ROAD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances Unified Devel- opment Code and rescind Ordinance No. 45- 11 and adopting a revised campus develop- ment plan for expanding the Padre Pio Health Care Center Institutional District and allowing a new access drive to Sheridan Road, for the following property, to wit: Lot 1 of 1 of 3 Mineral Lot 324 and Lot 1 of 2 of 3 Mineral Lot 324, and to the cen- terline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the ID Institutional district and of the Zoning Ordinance, the above-described property is subject to the following conditions and restrictions: A. Use Regulations The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be lim- ited to the following: a. Nursing or convalescent homes. b. Residential care facilities. c. Multi-family dwellings for the housing of institutional residents or affiliates. d. Offices for administrative per- sonnel or other institutional em- ployees and affiliates. e. Off-street parking and loading. 2. Conditional use shall be regulated by Section 5-22.2 of the Unified De- velopment Code. 3. Accessory uses shall be regulated by Section 5-22.3 of the Unified Development Code. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: 1. That the proposed access road shall be located in substantial conform- ance with the attached amended conceptual development plan. 2. That all previously-approved campus development plans are hereby su- perseded to allow for the attached development plan. C. Site Development Standards The site development standards for this ID Institutional District shall be established as follows: 1. Site plans shall be submitted in compliance with Section 12 Site Plans of the Unified Development Code. 2. New outdoor lighting shall comply with Section 13-3.1 Site Lighting of the Unified Development Code. Book 146 Regular Session, July 18, 2016 317 3. That storm water from new facilities shall comply with Section 13-3.3 Storm Water Management of the Unified Development Code. 4. Landscaping and screening require- ments shall be established in ac- cordance with the requirements of Section 13-4.4 of the Unified De- velopment Code. 5. Trash enclosures shall comply with Section 13-4.9 Exterior Trash Col- lection Areas of the Unified Devel- opment Code. D. Sign Regulations The sign regulations shall be the same as that which are allowed for ID Districts in Sec- tion 15-11.13 of the Unified Development Code of the City of Dubuque, Iowa. E. Parking Standards The off-street parking requirement for the principal permitted uses for the herein de- scribed ID Institutional District shall be regulat- ed as follows: 1. That new off-street parking spaces shall be designed and constructed in compliance with Section 13-3.5 Parking Lot Layout of the Unified Development Code. 2. Any significant expansion or reduc- tion in the number of off-street park- ing spaces must be reviewed by Planning Services staff for compli- ance with the adopted Padre Pio Health Center Institutional District. F. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement, the provision that the purchaser or leasee acknowledges aware- ness of the conditionals authorizing the estab- lishment of this district. G. Modifications Any modifications of this Ordinance must be approved by the City council in accordance with zoning reclassification proceedings of Section 9-5 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 4. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of July, 2016. /s/Kevin S. Firnstahl, City Clerk 4. Sale of Property - 595 Angella Street: Proof of publication on notice of public hearing to consider the sale of city-owned property located at 595 Angella Street to Craig Nesteby and the City Manager recommending approv- al. Motion by Lynch to receive and file the documents and adopt Resolution No. 279-16 Disposing of City interest in real property lo- cated at 595 Angella Street, in the City of Dubuque, Iowa. Seconded by Rios. City Man- ager Van Milligen responded to questions from City Council (inadvertently raised during Action Item #2) about the City placing 21-year, own- er-occupied covenants on properties it ac- quires, rehabilitates and sells. He added that a goal of the covenants is to help decrease den- sity in neighborhoods historically built as sin- gle-family, residential homes and disperse the concentration of rental properties while main- taining a level of affordable rental properties. Motion carried 7-0. RESOLUTION NO. 279-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 595 ANGELLA STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 265-16, dated the 5th day of July, 2016, declared its intent to dispose of City interest in real property located at 595 Angella Street, legally described as: Lot 21 of Quigley’s Subdivision of Out Lot 709 in the City of Dubuque, Iowa according to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on the 18th day of July, 2016 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Real Estate Con- tract and subsequent Special Warranty Deed for the sale to Craig Nesteby according to the terms and conditions set out in the Real Estate Contract is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Real Estate Contract by and between the City of Dubuque and Craig Nesteby for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Craig Nesteby. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Real Es- tate Contract to be delivered to the City Attor- ney’s Office, together with a certified copy of the Resolution. Book 146 Regular Session, July 18, 2016 318 Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract the Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed conveying the City’s interest in the Property to Craig Nesteby. Section 5. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City At- torney’s Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Sale of Property - 321 Valeria Street: Proof of publication on notice of public hearing to consider the sale of property located at 321 Valeria Street to Dawn M. Redfern a/k/a Dawn M. Adams and the City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 280-16 Disposing of City interest in real prop- erty located at 321 Valeria Street, in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 280-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 321 VALERIA STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 266-16, dated the 5th day of July, 2016, declared its intent to dispose of City interest in real property located at 321 Valeria Street, legally described as: Lot 1 of Lot 130 in L.H. Langworthy’s Addition in the City of Dubuque, Iowa according to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on the 18th day of July, 2016 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Real Estate Con- tract and subsequent Special Warranty Deed for the sale to Dawn M. Redfern a/k/a Dawn M. Adams according to the terms and conditions set out in the Real Estate Contract is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Real Estate Contract by and between the City of Dubuque and Dawn M. Redfern a/k/a Dawn M. Adams for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Dawn M. Redfern a/k/a Dawn M. Adams. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Real Es- tate Contract to be delivered to the City Attor- ney’s Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract the Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed conveying the City’s interest in the Property to Dawn M. Redfern a/k/a Dawn M. Adams. Section 5. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City At- torney’s Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Sale of Property - 2283 White Street: Proof of publication on notice of public hearing to consider the sale of property located at 2283 White Street to Shawn and Christina Hanen and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 281- 16 Disposing of City interest in real property located at 2283 White Street in the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 281-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2283 WHITE STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 267-16, dated the 5th day of July, 2016, declared its intent to dispose of City interest in real property located at 2283 White Street, legally described as: The East Half of the North ¼ of Lot 16”P” and the East Half of the South Half of Lot 18, in L.H. Langworthy’s Addition in the City of Dubuque, Iowa according to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on the 18th day of July, 2016 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Real Estate Con- tract and subsequent Special Warranty Deed for the sale to Shawn C. and Christina M. Hanen according to the terms and conditions Book 146 Regular Session, July 18, 2016 319 set out in the Real Estate Contract is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Real Estate Contract by and between the City of Dubuque and Shawn C. and Christina M. Hanen for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Shawn C. and Christina M. Hanen. Section 3. That the City Clerk is hereby au- thorized and directed to cause said Real Es- tate Contract to be delivered to the City Attor- ney’s Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract the Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed conveying the City’s interest in the Property to Shawn C. and Chris- tina M. Hanen. Section 5. That the City Clerk is hereby au- thorized and directed to cause said Special Warranty Deed to be delivered to the City At- torney’s Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS 1. Arts Master Plan Presentation to Coun- cil: Economic Development Director Maurice Jones introduced the presentation. Priya Sir- car, Senior Consultant for Lord Cultural Re- sources, provided a slide presentation on the final draft of the Arts and Culture Master Plan for the City of Dubuque. Topics included the purpose of the plan; planning process; key issues, needs and opportunities; vision state- ment; goals; priorities and strategies; public art policy recommendations, roles and responsi- bilities; recommendations for the advisory commission; and master plan implementation steps. Motion by Connors to receive and file the documents and hear the presentation. Se- conded by Jones. Motion carried 7-0. 2. Arts and Cultural Program - FY17 Oper- ating Support Requests: Arts and Cultural Af- fairs Advisory Commission requesting approv- al of the 13 eligible FY 2017 Arts and Cultural Operating Support funding requests and au- thorizing the City Manager to sign the funding agreements. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Lynch. Motion car- ried 7-0. 3. Arts and Cultural Program - FY17 Spe- cial Projects Grants: Arts and Cultural Affairs Advisory Commission recommending approval of the six FY 2017 Arts and Culture Grants for Special Projects and authorize the City Man- ager to sign the grant agreements. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. 4. Submission of Fire Department Strategic Plan: City Manager recommending approval of a strategic plan for the Fire Department. Mo- tion by Jones to receive and file the docu- ments and approve the recommendation. Se- conded by Connors. Motion carried 7-0. 5. Property Acquisition - 730 Cody Drive: City Manager recommending approval of a Resolution authorizing the purchase of 730 Cody Drive and acceptance of the deed for property owned by George and Dorothy Roep- sch. Motion by Lynch to receive and file the documents and adopt Resolution No. 282-16 Approving an offer to buy real estate and ac- ceptance for the purchase of certain real es- tate in Dubuque County, Iowa from George E. and Dorothy S. Roepsch. Seconded by Rios. Motion carried 7-0. RESOLUTION NO. 282-16 APPROVING AN OFFER TO BUY REAL ES- TATE AND ACCEPTANCE FOR THE PUR- CHASE OF CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM GEORGE E. AND DOROTHY S. ROEPSCH Whereas, the City of Dubuque intends to acquire certain property and has negotiated an Offer to Buy Real Estate and Acceptance with George E. and Dorothy S Roepsch for the purchase of the following described real prop- erty in Dubuque County, Iowa: East Part of Lot 5 Block 7 Pioneer Hills; Lot 1 of the Subdivision of Lot 2-1-1-1 McLean Heights excepting the proposed garden lot; and Lot 1 Roepsch Subdivision; and Whereas, the City Council has determined that the purchase of the property is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City of Dubuque hereby ap- proves the Offer to Buy Real Estate and Ac- ceptance, a copy of which is attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Book 146 Special Session, July 26, 2016 320 Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Connors reported on the sidewalk chalk drawing event that took place at 8th and Iowa Streets prior to the Council meeting in support of the Dubuque Police De- partment. Council Member Del Toro responded to Mayor Buol’s statement from the beginning of the meeting saying in part that he was elected to represent the citizens of Ward 2 and to question items which warrant scrutiny and review. He added that he does not think there has been any unprofessional decorum to date at the Council table and that questions and discussions make for a successful, high- performing organization. He thanked and urged citizens to continue to share their thoughts on Council decisions. Mayor Buol clarified that he is addressing the terminology used during discussions that is directed at Council, staff or persons at the po- dium. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:53 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Lynch. Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Barry Lindahl, Assis- tant City Attorney Crenna Brumwell, Assistant City Attorney Maureen Quann, Attorney Ste- ven Tyler and Attorney Ivan Webber. Motion carried 7-0. Upon motion the City Council reconvened in open session at 9:16 p.m. stating that staff had been given proper direction. There being no further business upon mo- tion the City Council adjourned at 9:17 p.m. /s/Kevin S. Firnstahl, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on July 26, 2016 in Con- ference Room B, City Hall, 50 W. 13th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session for professional evaluations pursuant to Chapter 21.5(1)(i) Code of Iowa. CLOSED SESSION Motion by Jones to enter into closed ses- sion at 5:31 p.m. to conduct professional eval- uations pursuant to Chapter 21.5(1)(i) Code of Iowa. Seconded by Resnick. Motion carried 7- 0. Upon motion the City Council reconvened in open session at 7:03 p.m. stating that the professional evaluations had been completed. There being no further business, upon mo- tion the City Council adjourned at 7:04 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session, August 1, 2016 321 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on August 1, 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 Lindahl 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 PRESENTATION(S) Iowa Governor's Volunteer Award Presen- tation: Leisure Services Manager Marie Ware and AmeriCorps Program Director Mary Bridgett Corken-Deutsch presented the Iowa Governor's Volunteer Award to AmeriCorps Partners in Learning volunteer Liz Griffin. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: Catfish Creek Watershed Authority of 4/26; City Coun- cil Proceedings of 7/18; Historic Preservation Commission of 7/21; Human Rights Commis- sion of 6/13; Long Range Planning Advisory Commission of 7/20; Mechanical Board of 7/19; Sister City Relationships Advisory Com- mission of 7/20; Proof of Publication for City Council Proceedings of 7/5/16; Proof of publi- cation for List of Claims and Summary of Rev- enues for Month Ending 5/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Anthony Elskamp for property damage; Mark and Cath- erine Helling for property damage; Craig McGrane for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Anthony Elskamp for property damage; Catherine Helling for property damage; Craig McGrane for vehicle damage. Upon motion the documents were received, filed and concurred 4. U.S. Conference of Mayors Advisory Board: Correspondence from Senator Chuck Grassley; New York City Mayor Bill de Blasio; and Rochester Hills, MI, Mayor Bryan Barnett congratulating Mayor Buol on his election to the U.S. Conference of Mayors Advisory Board. Upon motion the documents were re- ceived and filed. 5. Teri Goodmann to Serve on US EPA Local Government Advisory Committee: City Manager transmitting correspondence from the U.S. Environmental Protection Agency inviting Assistant City Manager Teri Goodmann to serve on the EPA's Local Government Adviso- ry Committee. Upon motion the document was received and filed. 6. Recognition of Mary Bridget Corken- Deutsch and AmeriCorps Volunteers: City Manager transmitting correspondence from the Dubuque Community School District recogniz- ing AmeriCorps Program Director Mary Bridget Corken-Deutsch and AmeriCorps Volunteers for helping to improve student reading profi- ciency. Upon motion the document was re- ceived and filed. 7. Greater Dubuque Development Corpo- ration 2016 Annual Report: City Manager transmitting the 2016 Annual Report for Great- er Dubuque Development Corporation. Upon motion the document was received and filed. 8. Resource Enhancement and Protection (REAP) Plan Update, Grant Application and Committee Representative: City Manager rec- ommending approval of the City of Dubuque’s FY 2017 Resource Enhancement and Protec- tion (REAP) Plan update and the resolution authorizing the REAP grant application for the Valentine Park Expansion – Land Acquisition Project. It is further recommended that the City Council confirm Council Member Joyce Con- nors as the City representative on the Dubu- que County REAP Committee. Upon motion the documents were received and filed and Resolution No. 283-16 Authorizing REAP Grant Application to Iowa Department of Natu- ral Resources for Valentine Park Expansion - Land Acquisition Project was adopted, the plan update approved, and Council Member Joyce Connors confirmed as the Council REAP Rep- resentative. Book 146 Regular Session, August 1, 2016 322 RESOLUTION NO. 283-16 AUTHORIZING REAP GRANT APPLICA- TION TO IOWA DEPARTMENT OF NATU- RAL RESOURCES FOR VALENTINE PARK EXPANSION – LAND ACQUISITION PRO- JECT Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protec- tion) Program for plans for improvements that enhance the restoration or expansion of Iowa’s natural resources of parks; and Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that includes goals for park improvements and environmen- tal restoration. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the Iowa Department of Natural Resources for REAP funds for Valentine Park Expansion – Land Acquisition Project. Section 2. That in the event said applica- tion is approved; the City Council hereby pro- vides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state re- quirements. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Friends of the Mines of Spain Funding Request: Correspondence from the Friends of the Mines of Spain requesting funding for the historic Pine Chapel. Upon motion the docu- ments were received, filed and referred to the City Manager. 10. Citizen Petition - English Ridge Green Space: Petition submitted by the residents of English Ridge Subdivision requesting the City to provide funding for development of a green space in the area of Stone Valley Drive. Upon motion the document was received, filed and referred to the City Manager. 11. Citizen Petition - Withdrawal from Res- idential Parking Permit District H: Petition from the residents on Phyllrich Drive requesting withdrawal from the existing Residential Park- ing Permit District H by removing Phyllrich Drive between Keystone Drive and Keymont Drive. Upon motion the document was re- ceived, filed and referred to the City Manager. 12. Pre-Annexation Agreement - Gary J. Bakes: City Manager recommending approval of a Pre-Annexation Agreement with Gary J. Backes, for property located at 10750 Key West Drive. Upon motion the documents were received and filed and Resolution No. 284-16 Approving a Pre-Annexation Agreement be- tween the City of Dubuque, Iowa and Gary J. Backes was adopted. RESOLUTION NO. 284-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GARY J. BACKES Whereas, Gary J. Backes, owner of the fol- lowing described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 41, Lot 41 “A”, and Lot 42 all in Key West, Dubuque County, Iowa except that part condemned by the State of Iowa rec- orded in Book of Lands #49, Page 609, ET SEQ, and that Part conveyed to the State of Iowa recorded in Book of Lands #50, Page 342 ET SEQ, according to the re- spective recorded plats thereof, Dubuque County, Iowa; and Whereas, Gary J. Backes has entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Proper- ty; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the city of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Gary J. Backes and the City of Dubuque is hereby approved. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Pre-Annexation Agreement - Elizabeth R. Kirpes Trust: City Manager recommending approval of a Pre-Annexation Agreement and Covenants with the Elizabeth R. Kirpes Trust, Book 146 Regular Session, August 1, 2016 323 for property located at 10704 Key West Drive. Upon motion the documents were received and filed and Resolution No. 285-16 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and the Elizabeth R. Kirpes Trust was adopted. RESOLUTION NO. 285-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE ELIZABETH R. KIRPES TRUST Whereas, The Elizabeth R. Kirpes Trust, owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexa- tion of the Property to the City of Dubuque: Lot 1 Kermit’s Subdivision in Dubuque County, Iowa; and Whereas, The Elizabeth R. Kirpes Trust has entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexa- tion of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the city of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between The Elizabeth R. Kirpes Trust and the City of Dubuque is hereby approved. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Pre-Annexation Agreement - Larry and Sharon McDermott: City Manager recommend- ing approval of a Pre-Annexation Agreement with Larry E. and Sharon A. McDermott for Lot 6 and Lot 2-6 of paradise Heights Subdivision No. 3 / 13384 BMR Lane. Upon motion the documents were received and filed and Reso- lution No. 286-16 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Larry E. and Sharon A. McDermott was adopted. RESOLUTION NO. 286-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND LARRY E. AND SHARON A. MCDERMOTT Whereas, Larry E. and Sharon A. McDer- mott, the owners of the following described property in Dubuque County, Iowa (the Proper- ty) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 6 of Paradise Heights Subdivision No. 3 located in the SE ¼ of Section 25, T89N, R1E (Center Twp) of the 5th P.M., Dubu- que County, Iowa; and Whereas, Larry E. and Sharon A. McDer- mott, have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Larry E. and Sharon A. McDermott and the City of Dubuque is hereby approved. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. Pre-Annexation Agreement - Benjamin L. Moyer: City Manager recommending ap- proval of a Pre-Annexation Agreement and Covenants with Benjamin L. Moyer, property owner of 1072 Lake Eleanor Road, which is part of the Twin Ridge Subdivision. Upon mo- tion the documents were received and filed Book 146 Regular Session, August 1, 2016 324 and Resolution No. 287-16 Approving a Pre- Annexation Agreement between the City of Dubuque, Iowa and Benjamin L. Moyer was adopted. RESOLUTION NO. 287-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND BENJAMIN L. MO- YER Whereas, Benjamin L. Moyer, owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 2 of Lot 79; Lot 2 of Lot 2 of Lot 80; Lot 2 of Lot 1 of Lot 80 Key West (original town), located in Table Mound Township, Dubuque County, Iowa subject to ease- ments of record; and Whereas, Benjamin L. Moyer has entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Proper- ty; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the city of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Benjamin L. Moyer and the City of Dubuque is hereby approved. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Grand River Center Air Wall Project Award: City Manager recommending that the award for the Grand River Center Air Wall Pro- ject be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 17. Operating Engineers Collective Bar- gaining Amendment: City Manager recom- mending approval of an Amendment to the Collective Bargaining Agreement with the In- ternational Union of Operating Engineers, Lo- cal #234, to provide for a work week that con- sists of ten hours per day and four days per week for full-time Public Safety Dispatchers effective October 1, 2016 through September 30, 2017. Upon motion the documents were received, filed and approved. 18. Sustainable Dubuque Community Grant Recommendations: City Manager rec- ommending approval of six projects for funding from the Sustainable Dubuque Community Grant Program. Upon motion the documents were received, filed and approved. 19. University of Nebraska-Lincoln (UNL) Climate Adaptation Project: City Manager rec- ommending approval for Sustainable Commu- nity Coordinator Cori Burbach to participate in the University of Nebraska-Lincoln High Plains Regional Climate Center Climate Adaptation Project at no cost to the City of Dubuque. Up- on motion the documents were received, filed and approved. 20. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager of Government Relations for Media- com Communications Company, informing the City of changes to the MCC channel line-up on or about August 30, 2016. Upon motion the documents were received and filed. 21. Code of Ordinances - Adoption of Sup- plement No. 22: City Clerk recommending adoption of Supplement No. 22 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 288-16 Adopting Supplement No. 22 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 288-16 ADOPTING SUPPLEMENT NO. 22 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Io- wa provides that supplements, by resolution, become part of the Code of Ordinances. Book 146 Regular Session, August 1, 2016 325 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 22 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 2-16 through 5-16, 8- 16, 11-16, 12-16, 17-16 and 18-16 as adopted by the City Council through May 2016, pre- pared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and be- comes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 22. Alcohol Compliance Civil Penalty for Alcohol License Holder – Hartig Drug Co.: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for Hartig Drug Co., 2255 John F. Kennedy Road. Upon mo- tion the documents were received, filed and approved. 23. 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. 289-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 289-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewal Corner Grill, 1689 Elm St., Special Class C Liquor (Outdoor) Hy-Vee #1 Market Café, 3500 Dodge St., Class C Liquor (Sunday) Kwik Stop Food Mart, 2255 Kerper Blvd., Class C Beer, Class B Native Wine (Sun- day) Super Stop III, 1101 Rhomberg Ave., Class E Liquor, Class B Wine, Class C Beer (Sun- day) Texas Roadhouse, 845 Wacker Dr., Class C Liquor (Catering) (Outdoor) (Sunday) West Dubuque Tap, 1701 Asbury Rd., Class C Liquor (Sunday) Special Event Douglas Doyle, 600 Star Brewery Dr., Class C Liquor (Outdoor) (Sunday) Phil Gothard, 600 Star Brewery Dr., Class C Liquor (Outdoor) Summer's Last Blast, Town Clock Plaza, Class B Beer, Class B Native Wine (Outdoor) Adding A Privilege Inspire Cafe, 955 Washington St., Adding Out- door New 7 Hills Brewing Company, 250 E 11th St., Class C Liquor (Brew Pub) (High Proof Brew Pub) (Outdoor) (Sunday) Freddy's, 385 E 13th St., Class C Liquor (Sun- day) Kariden Wine Company, 472 Central Ave., Class B Wine (Living Qtrs.) The lift Dbq, 180 Main St., Class C Liquor (Sunday) Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Del Toro. Motion carried 7-0. The City Clerk stated that a resolution had been added to item #2. 1. Heritage Trail Head Parking Lot Project: City Manager recommending initiation of the public bidding procedure for the Heritage Trail Head Parking Lot Project, and further recom- mends that a public hearing be set for August 15, 2016. Upon motion the documents were received and filed and Resolution No. 290-16 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and or- Book 146 Regular Session, August 1, 2016 326 dering the advertisement for bids was adopted setting a public hearing for a meeting to com- mence at 6:00 p.m. on August 15, 2016 in the Historic Federal Building. RESOLUTION NO. 290-16 HERITAGE TRAIL HEAD PARKING LOT PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Heritage Trail Head Parking Lot Project in the estimated amount $84,946.02, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 15th day of August, 2016, at 6:00 p.m. in the Histor- ic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Heritage Trail Head Parking Lot Pro- ject is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will occur not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 8th day of September, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 19th day of September, 2016, in the Histor- ic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. BioResource Development, LLC - Lease at Water & Resource Recovery Center: City Manager recommending a public hearing be set for August 15, 2016, on the Lease between the City of Dubuque and BRD Three, LLC at the Water and Resource Recovery Center. The night of the public hearing, the City Coun- cil will also be considering the Development and Operating Agreement. Upon motion the documents were received and filed and Reso- lution No. 291-16 Resolution of Intent to dis- pose of an interest in the City of Dubuque- owned property by lease between the City of Dubuque and BRD Three, LLC was adopted setting a public hearing for a meeting to com- mence at 6:00 p.m. on August 15, 2016 in the Historic Federal Building. RESOLUTION NO. 291-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE OWNED PROPERTY BY LEASE BETWEEN THE CITY OF DUBU- QUE AND BRD THREE, LLC Whereas, the City of Dubuque (City) is the owner of the Dubuque Water and Resource Recovery Center (WRRC) located in Dubuque, Iowa (the WRRC Property) legally described as: Part of Lot 1 of 1 of the NE NW, and Lot 1 of 2 of 1 of the NW NE and Lot 2 of 1 of the NE NW all in Section 6 Township 88N Range 3E of the 5th P.M., in Dubuque County, Iowa according to the recorded plats thereof and that certain portion of the WRRC Property shown on Exhibit A attached hereto and incorporated by reference here- in (the Site); and Whereas, City is the owner of the gas management system located at the WRRC Property (WRRC Gas Management System, and together with the Site, are collectively re- ferred to as the Premises); and Whereas, City desires to lease the Premis- es to BRD Three, LLC (BRD), and BRD de- sires to lease the Premises from City, pursuant to the Water and Resource Recover Center Lease attached hereto (the Lease) for the pur- poses of utilizing the WRRC Gas Management System and constructing, maintaining and operating a gas utilization system to process digester gas from the WRRC into natural gas and distribute such gas for environmentally beneficial uses (the BRD Gas System), subject to and in accordance with the provisions of this Book 146 Regular Session, August 1, 2016 327 Lease and that certain Water and Resource Recovery Center Gas System Development and Operating Agreement to be executed by the parties in connection with the Lease (the Development and Operating Agreement); and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to enter into the Lease; and Whereas, the City Council has determined that the proposed Lease should be set for pub- lic hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the Premises by Lease with BRD THREE, LLC, a copy of which Lease is now on file with the City Clerk, City Hall, 13th and Central, Dubuque, Iowa. Section 2. That the City Clerk is hereby au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the Property to be held on the 15th day of August, 2016, at 6:00 o’clock p.m. at the Historic Federal Build- ing, 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their appointment to the following Boards/Commissions. 1. Housing Commission (Review): Three, 3-year terms through August 17, 2019 (Expir- ing Terms of Heimke, Schwendinger, Wall). Applicants: Wesley Heimke, 2350 Knob Hill Dr.; Dorothy Schwendinger, 3390 Windsor Ave.; David Wall, 333 W. 17th St. Mr. Wall spoke in support of his re-appointment. 2. Mechanical and Plumbing Code Board (Review): One, 3-year term through March 16, 2019 (Expired term of Papin). Applicant: Paul Papin, 2955 Jackson St. Mr. Papin spoke in support of his appointment Appointments were made to the following Boards/Commission. 3. Human Rights Commission (Appoint- ment): One, 3-year term through January 1, 2019 (Vacant term of Jones). Applicant: Kate Parks, 486 Clarke Dr. Motion by Connors to appoint Ms. Parks to a 3-year term through January 1, 2019. Seconded by Jones. Motion carried 7-0. 4. Investment Oversight Advisory Commis- sion: One, 3-year term through July 1, 2019 (Expiring term of Ruden). Applicant: Gary Ru- den, PO Box 835. Motion by Lynch to appoint Mr. Ruden to a 3-year term through July 1, 2019. Seconded by Del Toro. Motion carried 7- 0. 5. Zoning Advisory Commission: One, 3- year term through July 1, 2018 (Vacant term of Dietzel); and one, 3-year term through July 1, 2019 (Expiring Term of Norton). Applicants: Patrick Norton, 920 Valentine Dr.; and Rich Russell, 2045 Embassy West Dr. Motion by Jones to appoint Mr. Russel to a 3-year term through July 1, 2018 and Mr. Norton to a 3- year term through July 1, 2019. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS 1. Sale of Property - Lot 1-16 and Lot 2-16 in Linhein Subdivision (Behind 850 Mt. Carmel Road): Proof of publication on notice of public hearing to consider approval of the sale of city- owned property legally described as Lot 1-16 and Lot 2-16 in Linhein Subdivision to Scott and Sandra Cairns and the City Manager rec- ommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 292-16 Disposing of an interest in real property by Deed to R. Scott Cairns and Sandra K. Cairns. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 292-16 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED TO R. SCOTT CAIRNS AND SANDRA K. CAIRNS Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 1-16 and Lot 2-16 in Linhein Subdivi- sion, in the City of Dubuque, Iowa; and Whereas, City and R. Scott Cairns and Sandra K. Cairns have entered into an Agree- ment pursuant to which City will convey the Property to R. Scott Cairns and Sandra K. Cairns; and Whereas, on August 1, 2016, the City Council pursuant to notice published as re- quired by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is hereby authorized and directed to execute a Quit Claim Deed disposing of all of the City's right, title and in- Book 146 Regular Session, August 1, 2016 328 terest in the Property to R. Scott Cairns and Sandra K. Cairns. Section 2. The City Attorney is authorized to take such further action as is necessary to finalize the sale of the Property. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. 210 Jones Street - Urban Revitalization Plan: Proof of publication on notice of public hearing to consider adoption of an Urban Revi- talization Plan for the 210 Jones Street Urban Revitalization Area and the City Manager rec- ommending approval. Motion by Lynch to re- ceive and file the documents and adopt Reso- lution No. 293-16 Approving the Adoption of an Urban Revitalization Plan for the 210 Jones Street Urban Revitalization Area. Seconded by Del Toro. Motion carried 7-0. RESOLUTION NO. 293-16 APPROVING THE ADOPTION OF AN UR- BAN REVITALIZATION PLAN FOR THE 210 JONES STREET URBAN REVITALIZATION AREA Whereas, the City Council of the City of Dubuque (the City), Iowa on June 6, 2016, approved Resolution No. 231-16, a resolution of necessity finding that the revitalization and redevelopment of the area in the City of Dubu- que, Iowa known as the 210 Jones Street Ur- ban Revitalization Area is necessary in the interest of the welfare of the residents of the City, and that the property included therein meets the criteria for an Urban Revitalization Area as defined in Section 404.1 of the Code of Iowa 2015 (the Act); and Whereas, on June 20, 2016 the City Coun- cil received and filed a proposed Urban Revi- talization Plan (the Plan) for the 210 Jones Street Urban Revitalization Area and set the date of a public hearing on the same; and Whereas, the City Clerk has duly published the notice of public hearing and gave the no- tice to the property owners by ordinary mail at least thirty days prior to the public hearing; and Whereas, the City Council has held the re- quired public hearing, and will schedule a sec- ond public hearing if it receives a valid petition requesting said public hearing within thirty days after the public hearing held on August 1, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That all objections received, if any, at the public hearing referred to in the preamble above are found to be without suffi- cient merit to warrant amending the proposed Urban Revitalization Plan. Section 2. That the proposed Urban Revi- talization Plan for the 210 Jones Street Urban Revitalization Area described therein is hereby approved, and that it is the intention of this Council to designate such area by ordinance as a revitalization area under the Act. Passed and approved this 1st day of Au- gust, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Annexation - Dubuque Industrial Center West: Proof of publication on notice of public hearing to consider approval of a 100% volun- tary annexation request filed by the City Man- ager for approximately 21.14 acres of newly acquired land near the Dubuque Industrial Center West north of Humke Road and west of Seippel Road to facilitate a lease with Alliant Energy for a new solar energy site. Motion by Jones to receive and file the documents and adopt Resolution No. 294-16 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 294-16 APPROVING AN APPLICATION FOR VOL- UNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the City Manager for the voluntary annexation of ap- proximately 21.14 acres of property west of Seippel Road and north of Humke Road owned by the City of Dubuque for lease to Alliant Energy and consisting of the Northern Portion of Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque Coun- ty, Iowa according to the plat thereof, as shown on Exhibits A and B and legally de- scribed in Exhibit C; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement; and Whereas, the annexation territory adjoins the City of Dubuque corporate limits for at least 50 feet; and Whereas, the annexation territory does not abut or include Dubuque County right-of-way; and Whereas, the annexation territory does not include State of Iowa Dubuque County, or rail- road property; and Whereas, Chapter 368 of the Iowa Code authorizes the extension of City limits in situa- tions of this character by adoption of a resolu- tion after notification and public hearing; and Whereas, this annexation is consistent with the City’s Comprehensive Plan; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Book 146 Regular Session, August 1, 2016 329 Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application for the vol- untary annexation of approximately 21.14 acres of property west of Seippel Road and north of Humke Road owned by the City of Dubuque, said territory lying outside of the corporate limits of the City of Dubuque, Iowa as shown on Exhibit A and Exhibit B and legal- ly described in Exhibit C, is hereby approved for annexation to the City of Dubuque. Section 2. That, subject to the approval of the City Development Board, the corporate limits of the City of Dubuque be and they hereby are extended to include the approxi- mately 21.14 acres of annexation territory as shown on Exhibit A and Exhibit B. Section 3. That the City Council does hereby certify that the City of Dubuque has complied with the notice and hearing require- ments of the Iowa Code pertaining to 100% voluntary annexation of territory within the ur- banized area of another city. Section 4. That if the City Development Board approves this annexation, the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the City Develop- ment Board of the State of Iowa in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Grandview Avenue and Loras Boulevard / Grandview Avenue and University Avenue Intersection Improvements Project: Proof of publication on notice of public hearing to con- sider approval of plans, specifications, form of contract, and estimated cost for the Grandview Avenue and Loras Boulevard and the Grandview Avenue and University Avenue Intersection Improvements Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 295-16 Approval of plans, specifications, form of contract, and estimated cost for the Grandview Avenue and Loras Boulevard and Grandview Avenue and University Avenue Intersection Improvement Project. Responding to questions from the City Council, City Manager Van Milligen and City Engineer Gus Psihoyos provided information about how traffic flow will be handled at these intersections during peak traffic hours as im- pacted by the opening of the nearby rounda- bout adding an explanation of the types of grant funds that are used for site-specific pro- jects and re-distributed for projects that are not. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 295-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE GRANDVIEW AVENUE & LORAS BOULEVARD AND GRANDVIEW AVENUE & UNIVERSITY AVENUE INTER- SECTION IMPROVEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue Inter- section Improvement Project, in the estimated amount $589,424.92, are hereby approved. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Jacob Long, 4604 Cardinal Drive, referenc- ing a recent article in the Telegraph Herald newspaper, expressed his opinion about his fear of public censorship and Council criticism adding that the change to an earlier start time for City Council meetings is unfair to newly- elected officials. AmeriCorps National Civilian Community Corps members Rebecca and Brenan, 350 E. 3rd St. (The William M. Black), addressed the City Council about the ANCC’s mission of ser- vice and their current project of restoring the shorelines of the Ice Harbor wetlands. They requested information be distributed to local, like-minded organizations and volunteers in- terested in independent service projects of any size. The speakers provided an informational brochure to the City Clerk for distribution. ACTION ITEMS 1. Smarter Travel Update Presentation: East Central Intergovernmental Association (ECIA) Director Chandra Ravada, ECIA Grants/Development Coordinator Marla Quinn, and Jule Transit Director Candace Eudaley provided a presentation on the Year 1 Update for the IBM Smarter Travel Project. Topics included: History of travel in Dubuque 1980’s to 2010; Impact of Jule Transit route changes; process to improve Jule Transit; project de- scription; proposed analytics/optimization pro- cess; project sample size and volunteer re- quirements; travel diary; mobile application; data analytics; corridor speed and travel time; Book 146 Regular Session, August 1, 2016 330 bus route optimization approach; role of Jule staff. Motion by Lynch to receive and file the information. Seconded by Connors. Motion carried 7-0. 2. Comprehensive Plan - Draft Communi- cations Engagement Plan: City Manager rec- ommending approval of the Communications- Engagement Plan for the 2017 City of Dubu- que Comprehensive Plan. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Del Toro. Planning Services Manager Laura Carstens provided a presentation on the draft plan. Top- ics included a definition of a comprehensive plan; why a comprehensive plan is important to residents; description of the Long Range Planning Advisory Commission; 2017 plan framework, community engagement process, tools and events; working groups; communica- tion partners; and the 2016-2017 schedule. Ms. Carstens responded to questions from the City Council regarding the use of the STAR Community goal areas as a measurement tool in addition to other activities. Motion carried 7- 0. 3. Bee Branch Watershed Flood Mitigation Project Update: Civil Engineer Deron Muehring made a presentation to the City Council that provided an update on the various phases of the Bee Branch Watershed Flood Mitigation Project. Topics included a review of the status of several infrastructure improvement projects; monitoring/maintenance of the W. 32nd St. Detention Basin, Lower Bee Branch Creek Restoration Project, overlook structure, floating island and the flood gate replacement; Upper Bee Branch Creek Restoration construction status and current functionality; recent flooding activity at 22nd St./Kaufmann Ave. and 17th St./W. Locust St. and respective future im- provements; status of Bee Branch railroad culverts; and an update on the impervious surface reduction projects (Green Alley’s). Fire Chief Rick Steines reported on the impact flood mitigation has already had on the Fire Department’s activities during recent rain events. Motion by Connors to receive and file the documents. Seconded by Del Toro. Motion carried 7-0. 4. Code of Ordinances Amendment - Title 2 Board of Library Trustees: City Manager recommending approval of an ordinance which adds a new Title 2, Chapter 7 which establish- es the Board of Library Trustees and provides for the powers, operation, membership and meetings. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. City Man- ager Van Milligen and City Attorney Barry Lin- dahl responded to questions from the City Council regarding State mandates that govern libraries, city funding and that the annual ap- pointment of officers doesn’t preclude an of- ficer from being appointed to terms. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 37-16 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chap- ter 7 Board of Library Trustees and adopting a new Chapter 7 Board of Library Trustees in lieu thereof establishing the Board of Library Trustees and Providing for the Powers, Opera- tion, Membership, and Meetings. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 37-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS BY REPEALING CHAPTER 7 BOARD OF LIBRARY TRUSTEES AND ADOPTING A NEW CHAPTER 7 BOARD OF LIBRARY TRUSTEES IN LIEU THEREOF ESTABLISHING THE BOARD OF LIBRARY TRUSTEES AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 7 of the City of Dubuque Code of Ordinances is hereby re- leased and the following adopted in lieu there- of: Chapter 7 BOARD OF LIBRARY TRUSTEES 2-7-1: Board Created: There is hereby cre- ated the Board of Library Trustees. 2-7-2: Purpose: The purpose of the board is to control and direct the Carnegie-Stout Public Library. 2-7-3: Internal Organization and Rules: The board may adopt rules and regulations to govern its organizational procedures as out- lined in the Board of Trustees by-laws, which are not in conflict with this Code of Ordinances or the Iowa Code. 2-7-4: Procedures for Operation: Except where the board’s operations are governed by the Iowa Code, the board may adopt policies to govern its operation. 2-7-5: Membership: A. The board comprises seven (7) resi- dents of the city, appointed by the mayor with the concurrence of the city council. B. Residents must be eighteen (18) years of age or older. C. Membership on the board must comply with the provisions of Iowa Code Book 146 Regular Session, August 1, 2016 331 §69.16A, relating to gender balance. No person can be appointed or reappointed to the board if that appointment or reappoint- ment would cause the number of members of one gender to be greater than one-half (½) of the membership of the board plus one (1). If the city has made a good faith effort to appoint a qualified person to fill a vacancy on the board for a period of three (3) months but has been unable to make a compliant appointment, the city must utilize a fair and unbiased method of selecting the best qualified applicants. 2-7-6: Oath: Each person, upon appoint- ment or reappointment to the board, must exe- cute an oath of office at the first meeting of the board following the appointment or reappoint- ment or at the city clerk’s office any time prior to the first meeting of the board. 2-7-7: Terms: The term of office for mem- bers of the board is four (4) years or until such member’s successor is appointed and quali- fied. 2-7-8: Vacancies: Vacancies must be filled in the same manner as original appointments. 2-7-9: Officers/Organization: The board must choose annually a chairperson and vice- chairperson, each to serve a term of one (1) year. The chairperson must appoint a secre- tary. The board must fill a vacancy among its officers for the remainder of the officer’s unex- pired term. 2-7-10: Meetings: A. Regular Meetings. The board must meet not less than what is required by the State Library of Iowa standards for accredi- tation. B. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the mem- bers. C. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. D. Attendance. 1. The board must declare the of- fice of a trustee vacant when the trus- tee is removed from the library board or the unexcused absence from six (6) consecutive regular meetings. 2. Attendance must be entered up- on the minutes of all meetings. E. Minutes. A copy of the minutes of all regular and special meetings of the board must be filed with the city clerk within ten (10) working days after approval. F. Quorum. Four (4) members of the board constitute a quorum for the transac- tion of business. The affirmative vote of a majority of the members present and vot- ing is necessary for the adoption of any motion or resolution. 2-7-11: Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official board business within the limits established in the city administrative policies and budget. 2-7-12: Removal: The mayor may remove any member for cause upon written charges and after a public hearing. 2-7-13: Powers: The board has the follow- ing powers, duties, and responsibilities: A. To have charge, control, and super- vision of the public library, its appurte- nances and fixtures, and rooms containing the same, directing and controlling all the affairs of such library; B. To employ a librarian, such assis- tants, and employees as may be neces- sary for the proper management of said li- brary, and fix their compensation; but, prior to such employment, the compensation of such librarian, assistants, and employees shall be fixed for the term of employment by a majority of the members of said board voting in favor thereof; C. To remove such librarian, assistants, or employees by a vote of two-thirds (2/3) of such board for good cause; D. To select and make purchases of print and non-print materials for the collec- tion, furniture, fixtures, stationery, and sup- plies for such library; E. To authorize the use of such library by non-residents of the city and to fix charges therefor; F. To make, adopt, amend, modify, or repeal bylaws, rules, and regulations not inconsistent with law, for the care, use, government, and management of such li- brary and the business of said board, fixing and enforcing penalties for the violation thereof; G. To have exclusive control of the ex- penditures of all taxes levied for library purposes as provided by law, and of the expenditure of all monies available by gift or otherwise, for the erection of library buildings and of all other monies belonging to the library fund; and, H. To contract with the trustees of the township or the Dubuque County Board of Supervisors or of adjacent townships or counties, or with the trustees or governing bodies of neighboring towns or cities not having library facilities for the public, to loan the books of said library, either singly or in groups, upon such terms as may be agreed upon in such contract. 2-7-14: CHARGE OF BUILDING, DONA- TIONS: The board has charge and control of the Carnegie-Stout Public Library building and all gifts and donations to the city for library Book 146 Regular Session, August 1, 2016 332 purposes, and sees that the same are properly preserved for public use. 2-7-15: ANNUAL REPORTS: The board must each year make a report to the city coun- cil for the year ending December 31, giving a statement of the condition of the library, the number of books added thereto, the number circulated, the number not returned or lost, the amount of fines collected, and the amount of money expended in the maintenance thereof during such year, together with such other information as may deemed important. Section 2. Nothing herein effects the term of any person serving as a member of the board as of the effective date of this Ordi- nance. Section 3. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 1st day of August, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of August, 2016. /s/Kevin S. Firnstahl, City Clerk 5. Code of Ordinances Amendment - Title 9 Use of Crosswalks: City Manager recom- mending approval of an amendment to the City of Dubuque Code of Ordinance governing crossing roadways. Motion by Connors to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. In response to questions from the City Council, Assistant City Attorney Maureen Quann explained that this amendment arose from discussions about the new roundabout at Grandview Avenue and Delhi Street, and she offered information about the requirements for pedestrians crossing at marked and unmarked crosswalks and the impact on drivers. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 38-16 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 8 Pe- destrians’ Rights and Duties by repealing Sec- tion 9-8-321.328 Crossing at Other than Crosswalk and Section 9-8-321.330 Use of Crosswalks; and by enacting a new Section 9- 8-321.328 Use of Crosswalks Providing for the Procedure for Using Crosswalks in the City. Seconded by Rios. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 38-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 8 PEDESTRIANS’ RIGHTS AND DUTIES BY REPEALING SECTION 9-8-321.328 CROSSING AT OTH- ER THAN CROSSWALK AND SECTION 9-8- 321.330 USE OF CROSSWALKS; AND BY ENACTING A NEW SECTION 9-8-321.328 USE OF CROSSWALKS PROVIDING FOR THE PROCEDURE FOR USING CROSS- WALKS IN THE CITY Section 1. Section 9-8-321.328 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-8-321.328: USE OF CROSSWALKS: A. Within 200 feet of any marked crosswalk in the city of Dubuque, pedestri- ans must use the marked crosswalk to cross the roadway. B. Pedestrians shall move, whenever practicable, upon the right half of cross- walks. C. Every pedestrian crossing a street at any point more than 200 feet from a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the road- way. Section 2. Section 9-8-321.330 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-8-321.330: RESERVED: Section 3. This Ordinance takes effect on publication. Passed, approved, and adopted the 1st day of August, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of August, 2016. /s/Kevin S. Firnstahl, City Clerk 6. Code of Ordinances Amendment - Title 14 East-West Corridor Moratorium Extension: City Manager recommending approval of a three-year extension to the moratorium for construction, rezoning, subdivision review, and site plan approval in the East-West Corridor Study Area. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 39-16 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construction or Other Work on Certain Streets, Areas, or Facilities by extending the Moratorium. Seconded by Con- nors. Motion carried 7-0. Book 146 Regular Session, August 1, 2016 333 OFFICIAL PUBLICATION ORDINANCE NO. 39-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOV- ING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS, OR FACILI- TIES BY EXTENDING THE MORATORIUM NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordi- nances Section 14-2-4 is amended to read as follows: Section 14-2-4: Moratorium for Construc- tion or Other Work on Certain Streets, Areas or Facilities: B. East-West Corridor Study Area: The city manager may not issue any permit for any new construction or substantial en- largement, alteration, repair or remodeling of any structure, building, or sign in the east-west corridor study area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs without the approval of the city council, from the effective date hereof to August 20, 2019, except where a vested right to the issuance of such permit ac- crued prior to the effective date hereof. Section 2. This ordinance shall take effect upon publication Passed, approved, and adopted the 1st day of August, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of August, 2016. /s/Kevin S. Firnstahl, City Clerk 7. Supplemental Agreement Between the City of Dubuque, City of Sageville and Dubu- que County: City Manager recommending ap- proval of a resolution authorizing the Mayor to execute a Supplemental Agreement between the City of Dubuque, the City of Sageville, and Dubuque County which will allow for the trans- fer of jurisdiction for the roadway segment of the Northwest Arterial (U.S. Highway 52/U.S. Highway 3). Motion by Lynch to receive and file the documents and adopt Resolution No. 296-16 Approving a Supplemental Agreement between the City of Sageville, Iowa the City of Dubuque, Iowa and Dubuque County, Iowa. Seconded by Connors. Responding to ques- tions from the City Council, City Manager Van Milligen explained that the agreement is still contingent upon approval of the Transfer of Jurisdiction and that while there is no funding involved with this agreement, the City will still have maintenance responsibilities. Motion carried 7-0. RESOLUTION NO. 296-16 APPROVING A SUPPLEMENTAL AGREE- MENT BETWEEN THE CITY OF SAGE- VILLE, IOWA THE CITY OF DUBUQUE, IO- WA AND DUBUQUE COUNTY, IOWA Whereas, the Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque De- velopment Corporation have all identified the completion of the Southwest Arterial Project as the No. 1 surface transportation priority in the Dubuque area; and Whereas, the City and Iowa Department of Transportation (Iowa DOT) desire to maintain and increase transportation infrastructure while improving safety for the motorist within the City of Dubuque and Dubuque County and acknowledge the mutual benefit to partner on the Southwest Arterial Project; and Whereas, the City and the Iowa DOT exe- cuted a Memorandum of Understanding (MOU) for the completion of the Southwest Arterial project; and Whereas, the Iowa DOT and City, in joint cooperation propose to Transfer the Jurisdic- tion of the Southwest Arterial from the City to the State of Iowa in exchange for the Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52/Iowa 3 from the Iowa 32/John Deere Road intersec- tion to the intersection of U.S. 61 in downtown Dubuque, from the State to the City, after the Southwest Arterial is completed and open to traffic; and Whereas the City of Sageville, Iowa the City of Dubuque, Iowa and Dubuque County, Iowa entered into an Agreement in 1989 (the 1989 Agreement) regarding construction of the Phase IV of the Northwest Arterial Project from John F. Kennedy Road to U.S. Highway 52/U.S. Highway 3; and Whereas, the Agreement provides that the City of Dubuque and Dubuque County have agreed to indemnify and hold the City of Sage- ville harmless with respect to Phase IV of the Northwest Arterial Project; and Whereas, the City of Dubuque and Dubu- que County have requested the City of Sage- ville accept and execute an Iowa Department of Transportation (the Iowa DOT) Agreement for Transfer of Road Jurisdiction (the TOJ Agreement); and Whereas, the City of Sageville has agreed to accept and executed the TOJ Agreement, provided the City of Dubuque and Dubuque County confirm the indemnification and hold Book 146 Regular Session, August 1, 2016 334 harmless obligations as set forth in the original 1989 Agreement. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. City of Dubuque, the City of Sageville, and Dubuque County hereby agree to partner on the Southwest Arterial Project. Section 2. The City of Dubuque hereby confirms the indemnification and hold harm- less obligations as set forth in the original 1989 Agreement. Section 3. The Mayor is hereby authorized to execute the Supplemental Agreement be- tween the City of Dubuque, the City of Sage- ville, and Dubuque County which will allow for the transfer of jurisdiction for the roadway segment of the Northwest Arterial (U.S. High- way 52/U.S. Highway 3) located within the City of Sageville corporate limits, transferring from the Iowa Department of Transportation (Iowa DOT) to the City of Sageville, subject to ap- proval of the final version of the TOJ Agree- ment by the City Manager and execution of the TOJ Agreement by the City of Sageville. Passed, approved and adopted this 1st day of August, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Compensation Plan for City Attorney's Office Reorganization: City Attorney recom- mending approval of the proposed compensa- tion plan for the reorganization of the City At- torney’s Office scheduled to take place Octo- ber 1, 2016. Motion by Lynch to receive and file the documents and approve the recom- mendation. Seconded by Connors. Council Member Del Toro expressed his concern over the increase in wages for the assistant city attorney position and the impact it may have on future hiring in the department. The remain- ing Council Members believed it to be a well- thought out transitional plan consistent with the City’s wage schedule that provided continuity of service without adding additional expenses. Motion carried 6-1 with Del Toro voting nay. 9. Twenty-Fourth Amendment to City Man- ager Employment Agreement: Submittal of the Twenty-Fourth Amendment to City Manager Employment for approval. Motion by Jones to receive and file the documents and approve the Amendment. Seconded by Connors. Council Member Del Toro expressed his con- cern with what he believes is a higher-than- average cost per capita related to the City Manager’s salary, the “creeping up” of ex- penses, and favored a cap on salaries. Council Member Connors spoke against the concept of salary caps. Council Member Resnick sup- ported the agreement stating that was in line and deserved and thanked Mr. Van Milligen for his dedication. Mayor Buol stated that this re- flects the quality of the city and noted the City Manager’s integrity, perseverance and com- mitment. Motion carried 6-1 with Del Toro vot- ing nay. 10. Request for Work Session - Quarterly Sustainable Dubuque: City Manager recom- mending the City Council schedule the Sus- tainable Dubuque Quarterly Work Session for Monday, August 29, 2016 at 6:00 p.m. This item was referred back to the City Manager for an alternate date as Council Member Resnick is unavailable on that date. 11. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour: City Manager recommending the City Council schedule a work session for a Bee Branch Creek Restoration Project walking tour on Monday, September 12, 2016, at 5:30 p.m. Motion by Lynch to receive and file the docu- ments and set the work session as recom- mended. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Del Toro recognized Dubuque citizens Curt Ehlinger who is per- forming a run across the United States to raise funds and awareness for Muscular Dystrophy and Kayla Banwarth who is competing at the Olympic Games in Rio de Janeiro as part of the U.S. Women’s Volleyball Team. Motion by Jones to enter into closed ses- sion at 9:03 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Resnick. Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Barry Lindahl, Assis- tant City Attorney Crenna Brumwell, and As- sistant City Attorney Maureen Quann. Motion carried 7-0. Upon motion the City Council reconvened in open session at 10:04 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 10:05 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Session, August 2, 2016 335 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 4:00 p.m. on August 2, 2016 in the Grand River Center, 500 Bell St. Present: Mayor Buol; Council Members, Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl Also present: Assistant City Manager Cin- dy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Attorney Crenna Brumwell, Assistant City Attorney Maureen Quann. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting the annual goal setting session. GOAL SETTING (1 of 3) Consultant Lyle Sumek of Lyle Sumek As- sociates, conducted the first of three annual goal setting sessions with the Dubuque City Council. City Council discussed the following sec- tions, goals and achievements from the 2016 Leadership Guide. Section 2: Strategic Planning for the City of Dubuque Section 4: Performance Report 2015-2016 Community Goal 1: economic prosperity Community Goal 2: environmen- tal/ecological integrity Community Goal 3: social/cultural vibrancy City Goal 1: planned and managed growth City Goal 2: partnering for a better Dubu- que City Goal 3: improved connectivity: trans- portation and telecommunications Organizational Goal: financially responsible city government and high-performance organi- zation Section 6 Dubuque Vision 2031 – Frame- work for the Future Dubuque Vision 2013 and Guiding Princi- ples Principle A: sustainable and resilient city Principle B: inclusive and equitable com- munity Principle C: Masterpiece on the Mississippi Principle D: strong diversified economy Principle E: expanding connectivity Principle F: experience healthy living and active lifestyle Principle G: quality livable neighborhoods Principle H. abundance of fun things to do Principle I: engaged community Section 7: Mission – Responsibility of City Government Principle A: progressive city government Principle B: financially sound city govern- ment Principle C: residents receiving value for their tax dollars Principle D: achieving goals through part- nerships Principle E: excellent municipal services Principle F: support urban living Principle G: contribute to an equitable and sustainable city Principle H: plan for the community’s future Principle I: facilitate access to critical hu- man services There being no further business, upon mo- tion the City Council adjourned at 9:26 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Sessions August 3 and 4, 2016 336 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 4:00 p.m. on August 3, 2016 in the Grand River Center, 500 Bell St. Present: Mayor Buol; Council Members, Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl (Joined at 4:50 p.m.) Also present: Assistant City Manager Cin- dy Steinhauser, Assistant City Manager Teri Goodmann (Joined at 4:26 p.m.), Assistant City Attorney Crenna Brumwell, Assistant City Attorney Maureen Quann. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting the annual goal setting session. GOAL SETTING (2 of 3) Consultant Lyle Sumek of Lyle Sumek As- sociates, conducted the second of three annu- al goal setting sessions with the Dubuque City Council. The City Council discussed the objectives, challenges and opportunities and prioritized actions within the following goals from the 2016 Leadership Guide. Section 8: City of Dubuque Plan 2016-2022 Community Goal 1: economic prosperity Community Goal 2: environmen- tal/ecological integrity Community Goal 3: social/cultural vibrancy City Goal 1: planned and managed growth City Goal 2: partnering for a better Dubu- que City Goal 3: improved connectivity: trans- portation and telecommunications Organizational Goal: financial responsible city government and high performance organi- zation There being no further business, upon mo- tion the City Council adjourned at 9:12 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 4:15 p.m. (delayed start) on August 4, 2016 in the Grand River Center, 500 Bell St. Present: Mayor Buol; Council Members, Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl (Joined at 4:50 p.m.) Also present: Assistant City Manager Cin- dy Steinhauser, Assistant City Manager Teri Goodmann (Joined at 4:26 p.m.), Assistant City Attorney Crenna Brumwell, Assistant City Attorney Maureen Quann. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting the annual goal setting session. GOAL SETTING (3 of 3) Consultant Lyle Sumek of Lyle Sumek As- sociates, conducted the third of three annual goal setting sessions with the Dubuque City Council. City Council reviewed input received from department heads; 2016-2018 key Issues and activities/milestones; management-in-progress timelines 2016-2018, major projects timelines 2016-2018 and items considered as “on the horizon” 2018-2022 within the following goals. • Community Goal 1: Economic Prosperity • Community Goal 2: Environmen- tal/Ecological Integrity • Community Goal 3: Social and cultural Vibrancy • City Goal 1: Planned and Man- aged Growth • City Goal 2: Partnering for a Bet- ter Dubuque • City Goal 3: Improved Connectivi- ty: Transportation and telecom- munications • Organizational Goal: Financial re- sponsible city government and high performance organization The three goal setting sessions resulted in the City Council revising the 2031 Dubuque Vision Statement, Mission Statement, and re- affirmed five-year goals. They identified top Book 146 Special Session, August 4, 2016 337 and high priorities for a 2016-2018 policy agenda as well as a management agenda for projects and initiatives planned for 2016-2018. The 2031 Dubuque Vision Statement Dubuque 2031 is a sustainable and resili- ent city and an inclusive and equitable com- munity. Dubuque 2031 has preserved our Masterpiece on the Mississippi, has a strong diverse economy and expanding connectivity. Our residents experience healthy living and active lifestyles; have choices of quality, livable neighborhoods; have an abundance of fun things to do; and are engaged in the communi- ty. Mission Statement Dubuque city government is progressive and financially sound with residents receiving value for their tax dollars and achieving goals through partnerships. Dubuque city govern- ment’s mission is to deliver excellent municipal services that support urban living; contribute to an equitable, sustainable city; plan for the community’s future; and facilitate access to critical human services. Five-Year Community Goals for a Sustain- able Dubuque • Economic Prosperity • Environmental/Ecological Integrity • Social/Cultural Vibrancy Five-Year City Goals • Planned and Managed Growth • Partnering for a Better Dubuque • Improved Connectivity: Transportation and Telecommunications Five-Year Organization Goal • Financially Responsible City Government and High-Performance Organization 2016 – 2018 Top Priorities (in alphabetical order): • Central Iowa Water Association: Resolu- tion • East-West Corridor Study Implementation • Inclusive Dubuque Action Plan • Master Plan for Chaplain Schmitt Island • River Cruises Docking Facility 2016 – 2018 High Priorities (in alphabetical order): • 21st Century Policing Action Plan • Citywide Flower-Planting Program • Community Health Needs Assessment Plan • Five Flags Center Study • Street Maintenance Program • Traffic Signal Synchronization Citywide 2016 – 2018 Management Agenda (in alphabetical order): • Affirmatively Furthering Fair Housing • Arts and Culture Master Plan • C.H.A.N.G.E. Program (Comprehensive Housing Activities for Neighborhood Growth and Enrichment • Community Security/Surveillance/Traffic Cameras Expansion • Housing Tax-Increment Financing (T.I.F.) Program • Opportunity Dubuque There being no further business, upon mo- tion the City Council adjourned at 7:50 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session August 15, 2016 338 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on August 15, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Rios (via phone); Assistant City Manager Steinhauser, City Attorney Lindahl Absent: Council Member Del Toro 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 PROCLAMATION(S) 1. Welcome Back College Students Weeks (August 22-September 5, 2016) was accepted by Jan Powers, Director of Workforce Solu- tions for Greater Dubuque Development Cor- poration. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 6-0. 1. Minutes and Reports Submitted: Arts and Cultural Advisory Commission of 6/28; City Council Proceedings of 7/26; 8/1, 8/2, 8/3, 8/4; Community Development Advisory Com- mission of 7/19; Dubuque County Emergency Management Commission Minutes of 11/3/2015; 2/16/2016; 5/17/2016; Five Flags Civic Center Advisory Commission of 7/25; Housing Commission of 7/26; Investment Oversight Advisory Commission of 7/27; Li- brary Board of Trustees of 5/26, 6/6, 6/23; Park and Recreation Commission of 7/12; Transit Advisory Board of 7/14; Zoning Adviso- ry Commission of 8/3; Zoning Board of Ad- justment of 7/28; Proofs of Publication for City Council Proceedings of 7/11, 7/18, 7/26; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 6/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Terry Frost for property damage; Martha Intveld for vehicle damage. Upon motion the documents were received, filed and referred to the City Attor- ney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Terry Frost for property damage; Martha Intveld for vehicle damage. Upon motion the documents were received, filed and concurred. 4. AmeriCorps Partners in Learning 2016- 17 Grant Agreement: City Manager recom- mending approval of a grant agreement with the Iowa Commission on Volunteer Services for the AmeriCorps Program. Upon motion the documents were received, filed and approved. 5. Continuum of Care Phoenix Housing Special Needs Assistance Program: City Man- ager recommending approval of a contract with the U.S. Department of Housing and Ur- ban Development (HUD) for administration of the Continuum of Care Phoenix Housing Spe- cial Needs Assistance Program that provides rental assistance for homeless, disabled per- sons. Upon motion the documents were re- ceived, filed and approved. 6. Request for Proposals - Outdoor Pools Facility Assessment Consultant Services: City Manager recommending approval of a Re- quest for Proposal for consultant services for an in-depth assessment of both Flora and Sut- ton Pools. Assessment to include a detailed report on a maintenance plan and recommen- dations, as well as develop a master plan for long-term planning. Upon motion the docu- ments were received, filed and approved. 7. Southwest Arterial Property Acquisition Parcel 76 – Siebe: City Manager recommend- ing approval of a resolution accepting the Grant of Permanent Utility Easement from Wesley A. Siebe and Sandra S. Siebe for the purchase of a permanent utility easement for the Southwest Arterial Project. Upon motion the documents were received and filed and Resolution No. 297-16 Accepting a Grant of Permanent Utility Easement for the Southwest Arterial Project from Wesley A. and Sandra S. Siebe was adopted. RESOLUTION NO. 297-16 ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENT FOR THE SOUTH- WEST ARTERIAL PROJECT FROM WES- LEY A. AND SANDRA S. SIEBE Whereas, the City of Dubuque entered into an agreement for the purchase of an ease- Book 146 Regular Session, August 15, 2016 339 ment for the Southwest Arterial Project with Wesley A. Siebe and Sandra S. Siebe for the property legally described as: A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Southwest ¼ of the Southeast ¼ of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County of Dubuque, State of Iowa as more particularly shown on the Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Grant of Permanent Utility Easement attached hereto is hereby accepted. Section 2. The City Clerk is authorized and directed to record this resolution and the Grant of Permanent Utility Easement with the Dubu- que County Recorder. Passed, approved and adopted this 15th day of August, 2016. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. Four Mounds Strategic Planning Agree- ment; City Manager recommending approval of an agreement between the City of Dubuque and Four Mounds Foundation for development of short- and long-term strategic planning. Up- on motion the documents were received, filed and approved. 9. Rite Hite / Iowa Economic Development Authority Contract: City Manager recommend- ing approval of a contract by and among Rite Hite/AB(MC)2, the City of Dubuque and the Iowa Economic Development Authority for expansion of Rite Hite’s operations in Dubu- que. Upon motion the documents were re- ceived and filed and Resolution No. 298-16 Authorizing the execution of a contract for State Business Financial Assistance by and among Rite Hite/AB(MC)2, the City of Dubu- que, Iowa and the Iowa Economic Develop- ment Authority was adopted. RESOLUTION NO. 298-16 AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS FI- NANCIAL ASSISTANCE BY AND AMONG RITE HITE/AB(MC)2, THE CITY OF DUBU- QUE, IOWA AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY Whereas, Rite Hite/AB(MC)2 has proposed making an Eight Million Nine Hundred Thou- sand Dollar ($8,900,000.00) investment for a one hundred forty thousand square foot (140,000 sq. ft.) expansion to its current manu- facturing and office facility at 4343 Chavenelle Road in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed project will contribute to the local economy through the creation of twenty-four (24) full-time jobs in the City, eleven (11) of which qualify for the Iowa Economic Development Authority Busi- ness Financial Assistance Program; and Whereas, financial assistance from the Io- wa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Eco- nomic Development Assistance Contract in order to finalize incentives and document as- sociated terms for the facility expansion of Rite Hite/AB(MC)2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the execution of the Eco- nomic Development Assistance Contract for participation in the Iowa Economic Develop- ment Authority’s Financial Assistance Program on behalf of Rite Hite/AB(MC)2, a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby au- thorized to execute and the City Manager is hereby directed to submit the Economic De- velopment Assistance Contract to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 15th day of August, 2016. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 10. Community Housing Initiatives (CHI) Agreement: City Manager recommending ap- proval of an agreement between Community Housing Initiatives - Washington Neighbor- hood Housing Partnership and the City of Dubuque’s Housing & Community Develop- ment Department. Upon motion the documents were received, filed and approved. 11. Hillcrest Family Services Environmen- tal Review Determination: City Manager rec- ommending approval for the Mayor to execute the Environmental Review Determination for Hillcrest Family Services Continuum of Care- Funded Program. Upon motion the documents were received, filed and approved. 12. Quarterly Investment Report for July 30, 2016: City Manager transmitting the June 30, 2016 Quarterly Investment Report. Upon motion the documents were received and filed. 13. NW Arterial Fiber Optics - John F. Kennedy Road to US 52 Project Acceptance: City Manager recommending acceptance of Book 146 Regular Session August 15, 2016 340 the construction contract for the NW Arterial Fiber Optics – JFK to US 52 Project as com- pleted by Portzen Construction, Inc. Upon mo- tion the documents were received and filed and Resolution No. 299-16 Accepting the NW Arterial Fiber Optics - JFK to US 52 Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 299-16 ACCEPTING THE NW ARTERIAL FIBER OPTICS - JFK TO US 52 PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the NW Arterial Fiber Optics – JFK to US 52 Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $150,096.07; and Whereas, the Contractor has previously been paid $150,096.07; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the NW Arterial Fiber Optics – JFK to US 52 Project fund for the contract amount of $92,572.50 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 15th day of August, 2016. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NW ARTERIAL FI- BER OPTICS - JFK TO US 52 PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the NW Arterial Fiber Optics – JFK to US 52 Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $92,572.50. Dated this 10th day of August, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 10th day of August, 2016. /s/Kevin S. Firnstahl, City Clerk 14. 2016 Sewershed 7, 11 and 12 Manhole Project Acceptance: City Manager recom- mending acceptance of the public improve- ment construction contract for the FY16 Sew- ershed 7, 11 and 12 Sanitary Sewer Manhole Project as completed by Connolly Construc- tion, Inc. Upon motion the documents were received and filed and Resolution No. 300-16 Accepting the FY16 Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project and authoriz- ing the payment to the contractor was adopt- ed. RESOLUTION NO. 300-16 ACCEPTING THE FY16 SEWERSHED 7, 11 AND 12 SANITARY SEWER MANHOLE PROJECT AND AUTHORIZING THE PAY- MENT TO THE CONTRACTOR Whereas, the public improvement contract for FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project (the Project) has been completed by the Contractor, Connolly Con- struction, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $150,819.25; and Whereas, the Contractor has previously been paid $143,278.28, leaving a balance of $7,540.96; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $7,540.96 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 15th day of August, 2016. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE FY16 SEWERSHED 7, 11 AND 12 SANITARY SEWER MANHOLE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project, and that said Book 146 Regular Session, August 15, 2016 341 Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $173,442.14. Dated this 10th day of August, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 10th day of August, 2016. /s/Kevin S. Firnstahl, City Clerk 15. 2015 SCADA (Flow Metering Stations) Manhole Installation Project Acceptance: City Manager recommending acceptance of the public improvement construction contract for the 2015 SCADA (flow metering stations) Manhole Installation Project, as completed by Connolly Construction, Inc. Upon motion the documents were received and filed and Reso- lution No. 301-16 Accepting the 2015 SCADA (Flow Metering Stations) Manhole Installation Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 301-16 ACCEPTING THE 2015 SCADA (FLOW ME- TERING STATIONS) MANHOLE INSTALLA- TION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2015 SCADA (flow metering stations) Manhole Installation Project (the Project) has been completed by the Contractor, Connolly Construction, Inc. (Contractor), the City Engi- neer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $145,588.33; and Whereas, the Contractor has previously been paid $138,308.91, leaving a balance of $7,279.42; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $7,279.42 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 15th day of August, 2016. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2015 SCADA (FLOW METERING STATIONS) MANHOLE INSTAL- LATION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the 2015 SCADA (flow metering stations) Manhole Installation Project, and that said Project has been performed in compli- ance with the terms of the Public Improvement Contract, and that the total cost of the com- pleted work is $167,426.58. Dated this 10th day of August, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 10th day of August, 2016. /s/Kevin S. Firnstahl, City Clerk 16. Dubuque County Board of Health 28E Agreement: City Manager recommending ap- proval to continue the City’s contract for the inspection of swimming pools and spas, tattoo parlors and tanning facilities in Dubuque Coun- ty. Upon motion the documents were received, filed and approved. 17. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager of Government Relations for Media- com Communications Company, informing the City of monthly rental pricing adjustments for its digital transport adapters (DTA) on or about September 1, 2016. Upon motion the docu- ments were received and filed. 18. Improvement Contracts / Performance, Payment and Maintenance Bonds: Commer- cial Flooring Company for the Grand River Center Ballroom, Concourse and River Room Carpet Replacement Projects; Top Grade Ex- cavating, Inc. for the 30-Inch Sanitary Sewer Force Main Relocation Phase II. Upon motion the documents were received, filed and ap- proved. 19. Alcohol Compliance Civil Penalty for Alcohol License Holder – Chances R: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for Chances R, 1046 Central Avenue. Upon motion the docu- ments were received, filed and approved. 20. Alcohol Compliance Civil Penalty for Alcohol License Holder – Kwik Stop Food Mart: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Kwik Stop Food Mart, 4039 Pennsylvania Avenue. Upon motion the documents were received, filed and approved. Book 146 Regular Session August 15, 2016 342 21. Tobacco Compliance – Civil Penalty for Tobacco License Holder – Kwik Stop #78: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop #78, 4039 Pennsylvania Avenue. Upon motion the documents were received, filed and ap- proved. 22. Tobacco Compliance – Civil Penalty for Tobacco License Holder – Ron's Discount Smokes: City Manager recommending ap- proval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Ron's Discount Smokes & Beverage Cen- ter, 3300 Asbury Road. Upon motion the doc- uments were received, filed and approved. 23. Alcohol Compliance Civil Penalty for Alcohol License Holder – Yardarm: City Man- ager recommending approval of the Acknowl- edgment/Settlement Agreement for an alcohol compliance violation for Yardarm, 1201 Shiras Avenue Extension. Upon motion the docu- ments were received, filed and approved. 24. 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. 302-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 302-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Chances R, 1046 Central Ave., Class C Liquor (Outdoor) (Sunday) Courtside Sports Bar & Grill, 2095 Holliday Dr., Class C Liquor (Outdoor) (Sunday) Dubuque Quick Stop Mart, 1401 Central Ave., Class C Beer (Sunday) Holy Spirit Church, 2981 Central Ave., Class C Beer, Class B Native Wine (Sunday) Los Aztecas Mexican Rest., 2700 Dodge St., Class C Liquor (Sunday) Lucky 13 Tap, 385 E. 13th St., Class C Liq- uor(Sunday) Murph's Tap, 55 Locust St., Class C Liquor (Sunday) Mystique Community Ice Center, 1800 Admiral Sheehey Dr., Class C Liquor, Class B Na- tive Wine (Outdoor) (Sunday) National Mississippi River Museum and Aquar- ium, 350 & 400 E. Third St., Class C Liq- uor, Class B Native Wine (Catering) (Out- door) (Sunday) Sid's Beverage Store, Inc., 2727 Dodge St., Class E Liquor, Class B Wine, Class C Beer (Sunday) Tri-State Independent Blind Society Inc., 3333 Asbury Rd., Special Class C Liquor Wingstop, 2255 John F. Kennedy Rd., Special Class C Liquor (Sunday) Special Event Camp Albrecht Acres Midwest 9-13, 14837 Sherrill Rd., Special Class C Liquor (Out- door) Four Mounds Foundation 9-11, 4900 Peru Rd., Special Class C Liquor (Outdoor) (Sunday) Mason Dixon Saloon 8-19, 2700 Northview Dr., Class B Beer (Outdoor) Passed, approved and adopted this 15th day of August, 2016. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 6-0. 1. Removal of Phyllrich Drive from Resi- dential Parking Permit District H: City Manager recommending a public hearing be set for Sep- tember 6, 2016, on the removal of Phyllrich Drive from Residential Parking Permit District H. Upon motion the documents were received and filed, setting a public hearing for a meeting to commence at 6:00 p.m. on September 6, 2016 in the Historic Federal Building. Book 146 Regular Session, August 15, 2016 343 2. Dubuque Industrial Center West - Reso- lution of Necessity for Urban Renewal Plan Amendment: City Manager recommending approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Cen- ter Economic Development District is both necessary and appropriate and sets a public hearing on the proposed amendment for Sep- tember 19, 2016. Upon motion the documents were received and filed and Resolution No. 303-16 Resolution of Necessity finding that certain new subareas should be established within the Dubuque Industrial Center Econom- ic Development District, that the establishment of said subareas 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 to include the new subareas was adopted, setting a public hearing for a meeting to com- mence at 6:00 p.m. on September 19, 2016 in the Historic Federal Building. RESOLUTION NO. 303-16 RESOLUTION OF NECESSITY FINDING THAT CERTAIN NEW SUBAREAS SHOULD BE ESTABLISHED WITHIN THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVEL- OPMENT DISTRICT, THAT THE ESTAB- LISHMENT OF SAID SUBAREAS IS NEC- ESSARY IN THE INTEREST OF THE RESI- DENTS OF THE CITY OF DUBUQUE, IOWA AND SETTING DATES OF HEARING AND CONSULTATION ON A PROPOSED AMENDMENT TO THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR SAID DISTRICT TO INCLUDE THE NEW SUBAREAS Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 309- 15, adopted September 8, 2015, approved the Amended and Restated Urban Renewal Plan (the "Urban Renewal Plan") for the Dubuque Industrial Center Economic Development Dis- trict (the “District”) in order to provide redevel- opment opportunities which will further eco- nomic development purposes and objectives as described in the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be further amended to add additional project details, including a coffee roasting facility project undertaken by Roasting Solutions, LLC within the District, as well as establishing new subareas for projects on both City and County-owned land in the District; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, the City Council must adopt a reso- lution of necessity finding that the new subare- as are slum, blighted or economic develop- ment areas and that so designating such pro- posed new subareas is necessary in the inter- est of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the inclusion of the follow- ing proposed new subareas in the District is necessary and appropriate to facilitate the proper growth and development of the com- munity in accordance with sound planning and local community objectives: Proposed Subarea H is legally described as follows: Lot 1 of the Northeast ¼ of the North- east ¼, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast ¼ of the North- east ¼, of Section 30, in Township 89 North, Range 2 East of the 5th Prin- cipal Meridian, in the City of Dubu- que, Iowa. Proposed Subarea I is legally described as follows: Lot 2 Seippel Road Place #2, Dubu- que County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa Proposed Subarea J is legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa Section 2. That the proposed new subare- as described above and in the Urban Renewal Plan will be economic development areas as defined by Iowa Code Chapter 403 and appro- priate for an urban renewal project. Section 3. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan for the Dubu- que Industrial Center Economic Development District, to accomplish the foregoing purposes and objectives, to include in such Plan any appropriate project activities and details, and to determine an appropriate date for and con- duct the consultation process required by law with affected taxing entities concerning the proposed amendment. Section 4. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District on September 19, 2016 at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall generally iden- Book 146 Regular Session August 15, 2016 344 tify the area to be covered by the Amended and Restated Urban Renewal Plan and the scope of the urban renewal project activities planned for such area, and said notice shall be published and available to the public not less than four days nor more than twenty days be- fore the date of said meeting. A copy of the notice of public hearing shall be sent by ordi- nary mail to the affected taxing entities. Section 5. That the Mayor is authorized and directed to sign the Joint Agreement be- tween the County and the City with respect to the inclusion of Subareas I and J in the Dis- trict. Section 6. That the City Clerk is further di- rected to send by ordinary mail a copy of said Amended and Restated Urban Renewal Plan and the notice of public hearing, to the Dubu- que Community School District and the County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 15th day of August, 2016. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Applications to the following boards/commissions were reviewed. Appli- cants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Long Range Planning Advisory Com- mission: One, 3-year term through July 1, 2019 (Vacant term of Prochaska), Applicant: Michael Wright, 385 Burch St. 2. Transit Advisory Board: One, 3-year term through July 30, 2019 (Expired term of Lohrmann). Applicant: Carrie Lohrmann, 1879 Denver Dr. Appointments were made to the following Boards/Commissions. 3. Housing Commission: Three, 3-year terms through August 17, 2019 (Expiring Terms of Heimke, Schwendinger, and Wall). Applicants: Wesley Heimke, 2350 Knob Hill Dr.; Dorothy Schwendinger, 3390 Windsor Ave.; David Wall, 333 W. 17th St. Motion by Connors to appoint Wesley Heimke, Dorothy Schwendinger and David Wall each to a 3- year term through August 17, 2019. Seconded by Lynch. Motion carried 6-0. 4. Mechanical and Plumbing Code Board: One, 3-year term through March 16, 2019 (Ex- pired term of Papin). Applicant: Paul Papin, 2955 Jackson. Motion by Jones to appoint Paul Papin to a 3-year term through March 16, 2019. Seconded by Resnick. Motion carried 6- 0. PUBLIC HEARINGS 1. Request to Rezone - Dubuque Pony League for Acreage South of Derby Grange Road: Proof of publication on notice of public hearing to consider a request by Dubuque PONY League / Greg Yoko to rezone approx- imately thirty (30) acres located south of Derby Grange Road from R-2 Two-Family Residen- tial and C-3 General Commercial Districts to CR Commercial Recreation District and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Greg Yoko, 3660 Seville Street, gave a presentation on the plans for the softball/baseball dia- monds. Planning Services Manager Laura Carstens provided a staff report. Motion car- ried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 40-16 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located south of Derby Grange Road from R-2 Two-Family Residential and C-3 General Commercial Districts to CR Commercial Rec- reation District Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 40-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF DERBY GRANGE ROAD FROM R-2 TWO-FAMILY RESIDENTIAL AND C-3 GENERAL COM- MERCIAL DISTRICTS TO CR COMMERCIAL RECREATION DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassi- fying the hereinafter–described property from R-2 Two-Family Residential and C-3 General Commercial Districts to CR Commercial Rec- reation District, to wit: As shown in Exhibit A, and to the center- line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Book 146 Regular Session, August 15, 2016 345 Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 15th day of August 2016. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of August, 2016. /s/Trish L. Gleason, Assistant City Clerk. 2. Request for Text Amendment Title 16 - Public and Private Parks as Permitted Uses in Downtown Commercial and Central Business Districts: Proof of publication on notice of pub- lic hearing to consider a request by the City of Dubuque for an Amendment to the C-4 Down- town Commercial and C-5 Central Business Districts to allow Public and Private parks as a permitted use and the Zoning Advisory Com- mission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Resnick. Planning Ser- vices Manager Laura Carstens provided a staff report. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 41-16 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by amending Articles 16-5-14.1(C-4) and 16-5- 15.1(C-5) to Establish Private and Public Parks as a Permitted Use in Each District. Seconded by Resnick. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 41-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMEND- ING ARTICLES 16-5-14.1(C-4) AND 16-5- 15.1(C-5) TO ESTABLISH PRIVATE AND PUBLIC PARKS AS A PERMITTED USE IN EACH DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code Articles 16-5-14.1(C-4) and 16- 5-15.1 (C-5) are hereby amended as follows: 5-14.1 and 5-15.1 Public or private park or similar natu- ral recreation area. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15th day of August 2016. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of August, 2016. /s/Trish L. Gleason, Assistant City Clerk. 3. Heritage Trail Head Parking Lot Project: Proof of publication on notice of public hearing to consider approval of the plans, specifica- tions, form of contract and estimated cost for the Heritage Trail Head Parking Lot Project and the City Manager recommending approv- al. Motion by Lynch to receive and file the documents and adopt Resolution No. 304-16 Approval of plans, specifications, form of con- tract, and estimated cost for the Heritage Trail Head Parking Lot Project. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 304-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE HERITAGE TRAIL HEAD PARKING LOT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Heritage Trail Head Parking Lot Project in the estimated amount $84,946.02, are hereby approved. Passed, adopted and approved this 15th day of August, 2016. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. BioResource Development, LLC - Lease at Water & Resource Recovery Center: Proof of publication on notice of public hearing to consider a Lease between the City of Dubuque and BRD Three, LLC at the Water and Re- source Recovery Center. It is further recom- mended that the City Council approve the De- velopment and Operating Agreement and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 305-16 Disposing of an interest in City of Dubuque-owned property by Lease between the City of Dubuque and BRD Three, LLC and approving the Water and Resource Recovery Center Gas System De- velopment and Operating Agreement between the City of Dubuque and BRD Three, LLC Se- conded by Jones. Greater Dubuque Development Corpora- tion President and CEO Rick Dickinson, Water and Resource Recovery Center Plant Manager Book 146 Regular Session August 15, 2016 346 William O’Brien, President of BioResource Development LLC Greg MacLean, Greater Dubuque Development Corporation Sustaina- ble Innovations Consultant David Lyons pro- vided a presentation on the proposed BioGas project at the Water and Resource Recovery Center. Councilmember Resnick left the coun- cil chambers at 6:35 p.m. and returned at 6:44 p.m. Motion carried 6-0. RESOLUTION NO. 305-16 DISPOSING OF AN INTEREST IN CITY OF DUBUQUE OWNED PROPERTY BY LEASE BETWEEN THE CITY OF DUBUQUE AND BRD THREE, LLC AND APPROVING THE WATER AND RESOURCE RECOVERY CENTER GAS SYSTEM DEVELOPMENT AND OPERATING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND BRD THREE, LLC Whereas, the City of Dubuque (City) is the owner of the Dubuque Water and Resource Recovery Center (WRRC) located in Dubuque, Iowa (the WRRC Property) legally described as: Part of Lot 1 of 1 of the NE ¼ of the NW ¼, and Lot 1 of 2 of 1 of the NW ¼ of the NE ¼, and Lot 2 of 1 of the NE ¼ of the NW ¼, all in Section 6 Township 88N Range 3E of the 5th P.M., in Dubuque County, Iowa according to the recorded plats thereof and that certain portion of the WRRC Property shown on Exhibit A attached hereto and incor- porated by reference herein (the Site); and Whereas, City is the owner of the gas management system located at the WRRC Property (WRRC Gas Management System, and together with the Site, are collectively re- ferred to as the Premises); and Whereas, City desires to lease the Premis- es to BRD Three, LLC (BRD), and BRD de- sires to lease the Premises from City, pursuant to the Water and Resource Recover Center Lease attached hereto (the Lease) for the pur- poses of utilizing the WRRC Gas Management System and constructing, maintaining and operating a gas utilization system to process digester gas from the WRRC into natural gas and distribute such gas for environmentally beneficial uses (the BRD Gas System), subject to and in accordance with the provisions of this Lease and that certain Water and Resource Recovery Center Gas System Development and Operating Agreement to be executed by the parties in connection with the Lease (the Development and Operating Agreement); and Whereas, on August 15, 2016, the City Council pursuant to notice published as re- quired by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of the Property. 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 approves the Lease Agreement at- tached hereto disposing of the City’s interest in the property. Section 2. Further, the City Council ap- proves the Water and Resource Recovery Center Gas System Development and Operat- ing Agreement attached hereto. Section 3. The Mayor is authorized and di- rected to execute the Lease Agreement on behalf of the City. Passed, approved and adopted this 15th day of August, 2016. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ACTION ITEMS 1. Alliant Energy Community Annual Part- nership Assessment (CAPA): Craig Clefish, Key Account Manager for Alliant Energy, re- ported on the Community Annual Partnership Assessment (CAPA). Motion by Jones to re- ceive and file the documents and listen to the presentation. Key Accountant for Alliant Ener- gy, Craig Clefish, gave the presentation. Se- conded by Connors. Motion carried 6-0. 2. Inclusive Dubuque Quarterly Update: In- clusive Dubuque Network partners made a presentation on Inclusive Dubuque's accom- plishments since April 2016. Motion by Lynch to receive and file the documents and listen to the presentation. Seconded by Resnick. Councilmember Resnick left the council cham- bers at 7:25 p.m. and returned at 7:31 p.m. Inclusive Dubuque Coordinator Katrina Farren- Eller, Community Foundation of Greater Dubuque Vice President of Strategic Initiatives Eric Dregne, Sociology Professor for Loras College Rick Anderson, Human Rights Direc- tor Kelly Larson, Multi-Cultural Family Center Assistant Director Sarah Peterson, Dubuque Black Men Coalition Member Anderson Sainci, League of United Latin American Citizens (LULAC) members Dora Serna and Lee Sanchez, Dubuque Museum of Art Executive Director David Schmitz presented on topics that included Operating Principals History of the Network, Measuring the Network’s Impact, Peer-Learning Council’s 5-Year Equity Learn- ing Program, City Equity Initiatives, Changing the Narrative, Mentorship Program with League of United Latin American Citizens (LULAC). Anderson Sainci responded to ques- tions from the Council. Motion carried 6-0. Book 146 Regular Session, August 15, 2016 347 3. Request for Work Session - USDA Grant Partnership with the Iowa League of Cities: City Manager requesting the City Council schedule a work session on Monday, October 10, 2016 at 6:00 p.m. on the USDA grant part- nership with the Iowa League of Cities on Nu- trient Trading. Motion by Connors to receive and file the documents and set the work ses- sion as recommended. Seconded by Lynch. Council member Jones stated he would not be able to attend, due to a prior training commit- ment. Motion carried 6-0. 4. Request for Work Session - Sustainable Dubuque Quarterly Report: City Manager re- questing the City Council schedule the Sus- tainable Dubuque Quarterly Work Session for Tuesday, August 30, 2016 at 6:00 p.m. in the Historic Federal Building, City Council Cham- bers. Motion by Connors to receive and file the documents and set the work session as rec- ommended. Seconded by Jones. Motion car- ried 6-0. COUNCIL MEMBER REPORTS Council member Connors reported on the 10th Anniversary Celebration at Orange Park on Washington Street for Crescent Community Health Center as well as the Annual Congres- sional Staff Visit where Federal and State Offi- cials met with local individuals to hear con- cerns and priorities. CLOSED SESSION Motion by Jones at 7:38 p.m. to convene in closed session regarding pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Resnick. Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Barry Lindahl and Assistant City Attorney Crenna Brumwell. Mo- tion carried 6-0. Upon motion the City Council reconvened in open session at 8:00 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 8:03 p.m. /s/Trish L. Gleason, CMC, Assistant City Clerk Book 146 Special Session August 30, 2016 348 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on August 30, 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 Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Sustainable Dubuque. WORK SESSION SUSTAINABLE DUBUQUE Sustainable Dubuque Coordinator Cori Burbach, Sustainable Innovations Consultant for Greater Dubuque Development Corpora- tion David Lyons, and Transportation Director for ECIA Chandra Ravada conducted the work session. The two main topics included: Community-wide solar strategy • Iowa Economic Development Authori- ty: Solar Ready Community Pilot Pro- gram o strengths; opportunities for improvement • Prioritization criteria • Mercy Medical Center RCx case study • Proposed BioGas Project at the Wa- ter & Resource Recovery Center • Alliant Energy solar array projects • Moving “Solar Dubuque” forward • City strategies for residential and commercial solar o review, improve and expe- dite permitting/application process; improved o solar on city facilities: library, fire stations, airport, etc. Update on Air Quality (PM 2.5 (Particulate Matter) Advance Improvements • History/timeline 2010 to 2016 o Non-Attainment; education; Dubuque path forward; up- date • Progress o CLEAR4 EPA Environmen- tal Education Grant o monitoring impacts on air quality o Public/private sector im- provements • IPL Dubuque o Projects completed and forecasted o Dubuque generating station emissions • Dubuque Smarter Travel o Phases 1, 2 and 3 o Streets: next generation, traffic management and con- trol system o STREETS = Smart Traffic Routing with Efficient and Effective Traffic Signals • Iowa Monitoring sites and Title V Fa- cilities Greater Dubuque Area o Potosi Monitors o Dubuque Area PM 2.5 moni- tors & 24-hour design value; trends o Iowa Annual PM 2.5 design values 2013-2015 A question/answer period followed each topic and included discussion of do-it-yourself solar; solar site issues related to aesthetics, historic district guidelines; off-grid power col- lection, retrofitting solar arrays, and efficient city buses. There being no further business, upon mo- tion the City Council adjourned at 7:14 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session, September 6, 2016 349 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on September 6, 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 (Joined at 6:24 p.m.) Assistant City Manager Cindy Steinhauser, City Attorney Lindahl 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 SWEARING IN 1. Mayor Buol administered the Oath of Office to Mayor Pro-Tem Kevin Lynch. PROCLAMATION(S) 1. Kayla Banwarth Day (August 25, 2016) was read by Mayor Buol having presented the original to Ms. Banwarth at a previous event. 2. Days of Peace and Ceasefire (Septem- ber 13-25, 2016) was accepted by Days of Peace Committee Members R.R.S. Stewart and Evelyn Nadeau. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Del Toro. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 8/15, 8/30; Community Development Advisory Commission of 8/16; Library Board of Trustees Update #151 of 7/28; Transit Advisory Board of 8/11; Proof of Publication for City Council Proceedings of 8/1, 8/2, 8/3, 8/4 and 8/15; Proof of Publication for List of claims and Summary of Revenues for Month Ending 7/11. Upon motion the doc- uments were received and filed. 2. Notice of Claims and Suits: Barbara Kelly for vehicle damage; Newel Marcov for vehicle damage; and James Weitz for property damage. Upon motion the documents were received, filed and referred to the City Attor- ney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa the agent for the Iowa Communities Assurance Pool: Barbara Kelly for vehicle damage; Newel Marcov for vehicle damage; and James Weitz for property damage. Upon motion the docu- ments were received, filed and concurred. 4. Government Finance Officers Associa- tion (GFOA) Certificate of Achievement for Excellence in Financial Reporting: City Man- ager transmitting the 28th consecutive Certifi- cate of Achievement for Excellence in Finan- cial Reporting from the Government Finance Officers Association (GFOA) for Fiscal Year ended June 30, 2015. Upon motion the docu- ments were received and filed. 5. Ermina Soler Named Wonder Women: Heroines of Dubuque by Girl Scouts of Eastern Iowa and Western Illinois: Correspondence from the Girl Scouts of Eastern Iowa and Western Illinois honoring Circles Coordinator Ermina Soler with the Wonder Women - Hero- ines of Dubuque Award. Upon motion the doc- uments were received and filed. 6. Dubuque Jaycees 2017 Fireworks Re- quest: Correspondence from Thomas Parsley, General Manager for Radio Dubuque, in part- nership with the Dubuque Jaycees requesting approval to conduct a fireworks display on Sunday, July 3, 2017 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets with a rain date of July 4. Upon motion the documents were received, filed and approved. 7. Appointment to Housing Trust Fund Committee: Housing Commission recommend- ing approval to appoint Commissioner Dorothy Schwendinger as the Commission's repre- sentative on the Housing Trust Fund Commit- tee. Upon motion the documents were re- ceived, filed and approved. 8. Workers' Compensation Settlement for James Hoerner: City Attorney recommending approval of an Agreement for Settlement re- garding a Workers' Compensation claim that was filed against the City of Dubuque by James Hoerner. Upon motion the documents were received, filed and approved. 9. Zaber v. City of Dubuque: City Attorney transmitting the Court ruling from Zaber v. City of Dubuque ordering the distribution of un- claimed funds from the settlement account to Book 146 Special Session August 30, 2016 350 four charitable organizations and requesting authorization for the City Attorney's Office to take such action as may be appropriate to seek review of the ruling by the Iowa Appellate Courts. Upon motion the documents were re- ceived, filed and approved. 10. Iowa DOT Funding Agreement - NW Arterial and Chavenelle Road Left Turn Lane Improvements: City Manager recommending approval for the Mayor to execute a Funding Agreement with the Iowa Department of Transportation for an Urban-State Traffic En- gineering Program (U-STEP) grant to assist with the construction of proposed left turn lane improvements at the intersection of the North- west Arterial and Chavenelle Road. Upon mo- tion the documents were received and filed and Resolution No. 306-16 Approving a Fund- ing Agreement (No. 6-16-USTEP-15) with the Iowa Department of Transportation for an Ur- ban-State Traffic Engineering Program (U- STEP) Grant to assist with the construction of proposed left turn lane improvements at the intersection of Northwest Arterial and Cha- venelle Road was adopted. RESOLUTION NO. 306-16 APPROVING A FUNDING AGREEMENT (NO. 6-16-USTEP-15) WITH THE IOWA DE- PARTMENT OF TRANSPORTATION FOR AN URBAN-STATE TRAFFIC ENGINEERING PROGRAM (U-STEP) GRANT TO ASSIST WITH THE CONSTRUCTION OF PROPOSED LEFT TURN LANE IMPROVEMENTS AT THE INTERSECTION OF NORTHWEST AR- TERIAL AND CHAVENELLE ROAD Whereas, in order to facilitate the upcom- ing Southwest Arterial Menards Frontage Road and the Southwest Arterial US20 Inter- change Grading construction projects, a local road detour using the Seippel Road to Cha- venelle to the Northwest Arterial is necessary; and Whereas, the City is currently experiencing operational and capacity challenges at the Chavenelle and NW Arterial intersection; and Whereas, the City and Iowa Department of Transportation propose left turn lane improve- ments to extend the existing northbound Northwest Arterial left turn lane onto Cha- venelle to an approximate 400' storage length, while also adding a new Chavenelle left turn lane onto the Northwest Arterial, providing an approximate 210' storage length; and Whereas, the City and Iowa Department of Transportation has determined that improve- ments to this intersection, are in the best inter- est of the public due to operational and capaci- ty concerns, construction of proposed left turn lane improvements will improve the level of service of the Northwest Arterial and Cha- venelle Road intersection; and Whereas, the probable total cost for the turn lane improvements is estimated at $293,000. The Urban-State Traffic Engineering Program (U-STEP) grant will fund $140,000 of eligible construction costs, and the remaining cost, $153,000 would be funding by the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. That said Urban-State Traffic Engineering Program (U-STEP) grant funding will be used within the City of Dubuque to as- sist with the construction of proposed left turn lane improvements at the intersection of Northwest Arterial and Chavenelle Road is hereby approved. Section 2. That the Mayor be hereby au- thorized and directed to execute two copies of said Funding Agreement for Urban-State Traf- fic Engineering Program (U-STEP) grant fund- ing to assist with the construction of proposed left turn lane improvements at the intersection of Northwest Arterial and Chavenelle Road. Passed, approved and adopted this 6th day of September, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Retitling of Position - Public Works Truck Driver to Utility Worker: City Manager recommending approval to retitle the position of Truck Driver to Utility Worker in the Public Works Department. Upon motion the docu- ments were received, filed and approved. 12. Public Works - Change in Equipment Operator Position: City Manager recommend- ing approval to create one additional Landfill Equipment Operator position and eliminate one Equipment Operator II position in the Pub- lic Works Department. Upon motion the docu- ments were received, filed and approved. 13. Pre-Annexation Agreement – TeKippe: City Manager recommending approval of a Pre-Annexation Agreement with Kenneth J. and Marlene TeKippe, property owners of Lot 9 in Twin Ridge Subdivision No. #4. Upon mo- tion the documents were received and filed and Resolution No. 307-16 Approving a Pre- Annexation Agreement between the City of Dubuque, Iowa and Kenneth J. and Marlene TeKippe was adopted. RESOLUTION NO. 307-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KENNETH J. AND MARLENE TEKIPPE Whereas, Kenneth J. and Marlene Tekippe, owners of the following described property in Dubuque County, Iowa (the Proper- ty) have submitted to the City Council of the Book 146 Regular Session, September 6, 2016 351 City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lots 9 in Twin Ridge Subdivision No. 4 in Section 12 in Table Mound Town- ship, Dubuque County, Iowa according to the recorded plat thereof; and Whereas, Kenneth J. and Marlene TeKippe have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexa- tion of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Kenneth J. and Marlene TeKippe and the City of Dubuque is hereby approved. Passed, approved and adopted this 6th day of September, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Pre-Annexation Agreement - Hardwood Flooring Services, Inc.: City Manager recom- mending approval of a Pre-Annexation Agreement with Hardwood Flooring Services, Inc., proper owner of 10638 Key West Drive. Upon motion the documents were received and filed and Resolution No. 308-16 Approving a Pre-annexation Agreement between the City of Dubuque, Iowa and Hardwood Flooring Services, Inc. was adopted. RESOLUTION NO. 308-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HARDWOOD FLOORING SERVICES, INC. Whereas, Hardwood Flooring Services, Inc., the owner of the following described property in Dubuque County, Iowa (the Proper- ty) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 29, 30, 31 and the south one-half of Lot 32, in the city of Key West, Dubu- que County, Iowa according to the rec- orded plats thereof; and Whereas, Hardwood Flooring Services, Inc., has entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Hardwood Flooring Services, Inc. and the City of Dubuque is hereby ap- proved. Passed, approved and adopted this 6th day of September, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. Purchase of Services Grant - Four Mounds HEART Program: City Manager rec- ommending approval of a Community Devel- opment Block Grant Agreement with Four Mounds HEART Program for Fiscal Year 2017 to provide youth education and training oppor- tunities. Upon motion the documents were received, filed and approved. 16. Tri-State Occupational Health Agree- ment Amendment: City Manager recommend- ing approval of an Amendment to the Agree- ment between Tri-State Occupational Health, L.L.C. and the City of Dubuque for case man- agement services for workers compensation claims and Police and Fire job related injuries and illnesses. Upon motion the documents were received, filed and approved. 17. Childhood Lead Poisoning Prevention Programs Contracts and Subcontracts: City Manager recommending approval of a contract with the Dubuque County Board of Health and Book 146 Special Session August 30, 2016 352 the Iowa Department of Public Health for con- tinued funding of the Childhood Lead Poison- ing Prevention Program, and a renewed agreement with the Visiting Nurse Association for services related to the Childhood Lead Poi- soning Prevention Program and Healthy Homes Program. Upon motion the documents were received, filed and approved. 18. Felderman's Subdivision - Acceptance of Improvements: City Manager recommend- ing acceptance of the public improvements that the developer, Arboretum Development LLC, has recently completed in Felderman's Subdivision. Upon motion the documents were received and filed and Resolution No. 309-16 Accepting public improvements in Felderman's Subdivision in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 309-16 ACCEPTING PUBLIC IMPROVEMENTS IN FELDERMAN SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolutions 167-10, certain public improvements including street paving with curb, sanitary sewer main, water main, storm sewers and catch basins, street lighting, and storm water detention facilities were installed by the developer of Felderman Subdivision in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accord- ance with the plans approved by the City Council and in conformance with City specifi- cations, and has recommended that the im- provements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Felderman Subdivision be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, Arboretum Development LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 6th day of September, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Pebble Cove Subdivision and Pebble Cove #2 Subdivision - Acceptance of Im- provements: City Manager recommending acceptance of the public improvements that the developer, Kivlahan Farms L.C., has re- cently completed in Pebble Cove Subdivision and Pebble Cove #2 Subdivision. Upon motion the documents were received and filed and Resolution No. 310-16 Accepting public im- provements in Pebble Cove Subdivision and Pebble Cove #2 Subdivision, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 310-16 ACCEPTING PUBLIC IMPROVEMENTS IN PEBBLE COVE SUBDIVISION AND PEBBLE COVE # 2 SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolutions 171-08 and 172-08, certain public improvements in- cluding street paving with curb, sanitary sewer main, water main, storm sewers and catch basins, street lighting, and storm water deten- tion facilities were installed by the developer of Pebble Cove Subdivision and Pebble Cove # 2 Subdivision in the City of Dubuque, Iowa; and Whereas, the improvements, except for storm water detention facilities, have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accord- ance with the plans approved by the City Council and in conformance with City specifi- cations, and has recommended that the im- provements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Pebble Cove Subdivision and Pebble Cove # 2 Subdivision, except for storm water detention facilities, be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, Kivlahan Farms L.C., for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 6th day of September, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. 2016 Asphalt Overlay Access Ramp Project Two Award: City Manager recommend- ing the award for the 2016 Asphalt Overlay Access Ramp Project Two be officially record- ed in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 21. 2016 Asphalt Overlay Access Ramps Project Three Award: City Manager recom- mending that the award for the 2016 Asphalt Overlay Access Ramp Project Three be offi- cially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. Book 146 Regular Session, September 6, 2016 353 22. AECOM Technical Services, Inc. - SW Arterial Supplemental Agreement No. 17: City Manager recommending authorization to exe- cute a supplemental agreement with AECOM Technical Services, Inc., subject to the concur- rence of the Iowa Department of Transporta- tion, which approves revisions to the original scope of services to the Consultant Profes- sional Services Contract to complete the final engineering design phase of the Southwest Arterial. Upon motion the documents were received and filed and Resolution No. 311-16 Approving the Consultant Professional Ser- vices -Supplemental Agreement No. 17 be- tween AECOM Technical Services, Inc. and the City of Dubuque for the completion of final engineering design phase of the Southwest Arterial Project was adopted. RESOLUTION NO. 311-16 APPROVING THE CONSULTANT PROFES- SIONAL SERVICES -SUPPLEMENTAL AGREEMENT NO. 17 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE CITY OF DUBUQUE FOR the COMPLETION OF FINAL ENGINEERING DESIGN PHASE OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque is proceed- ing with the Southwest Arterial Project, from U.S. Highway 20 to U.S. Highway 61/151, in Dubuque, Iowa; and Whereas, as a result of Iowa DOT specifi- cation modifications, the original scope of ser- vices needs to be revised to reflect modifica- tions to previously-completed design elements, as well as new tasks which are required to continue to advance the completion of the final engineering design phase; and Whereas, the Consultant Professional Ser- vices - Supplemental Agreement authorizes AECOM to provide the revised scope of ser- vices to continue to advance the completion of the final engineering design phase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Consultant Profes- sional Services - Supplemental Agreement No. 17 between AECOM Technical Services, Inc. and the City of Dubuque for the final engineer- ing design phase of the Southwest Arterial project is hereby approved, subject to the con- currence of the Iowa Department of Transpor- tation. Section 2. That the City Manager be au- thorized and directed to execute three copies of said Consultant Professional Services - Supplemental Agreement No. 17 with AECOM Technical Services, Inc. for the final engineer- ing design phase of the Southwest Arterial project. Passed, approved and adopted this 6th day of September, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 23. Signed Contracts: Wenzel Towing Ser- vice Contract Amendment to FY 2016-2018 Contract. Upon motion the documents were received and filed. 24. Alcohol Compliance Civil Penalty for Alcohol License Holder – Buffalo Wild Wings: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Buffalo Wild Wings, 2805 Northwest Arterial. Upon motion the documents were received, filed and ap- proved. 25. Alcohol Compliance Civil Penalty for Alcohol License Holder - Ron's Discount Smokes: City Manager recommending ap- proval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Ron's Discount Smoke & Beverage Center #1, 3300 Asbury Road. Upon motion the doc- uments were received, filed and approved. 26. 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. 312-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 312-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the Book 146 Special Session August 30, 2016 354 noted permit types to the following applicants pending submission of the locally required documentation: Renewals Europa Café of Dubuque, 4031 Pennsylvania Ave., Class C Liquor Phillips 66/Arby's, 10 South Main, Class C Beer (Sunday) Red Robin America's Gourmet Burgers, 2775 NW Arterial, Class C Liquor (Outdoor) (Sunday) Ron's Discount Smokes & Beverage Center # 1, 3300 Asbury Rd., Class C Beer, Class B Native Wine (Sunday) Special Event Dubuque Jaycees 10-1, 4th and Bluff St., Class B Beer (Outdoor) L. May 10-14, 2000 University Ave., Special Class C Liquor Adding Privilege Cuemasters Billiards, 900 Central Ave., Add- ing Outdoor Service Permanent Transfer Club Rondavoo formally Club 23, From 1902 Central Ave. to 1850 Central Ave., Class C Liquor (Sunday) Passed, approved and adopted this 6th day of September 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Del Toro. Motion carried 7-0. 1. NW Arterial and Chavenelle Road Left Turn Lane Improvement Project: City Manager recommending initiation of the public bidding procedure for the Northwest Arteri- al/Chavenelle Road Intersection Left Turn Lane Improvements Project, and further rec- ommends that a public hearing be set for Sep- tember 19, 2016. Upon motion the documents were received and filed and Resolution No. 313-16 Preliminary approval of plans, specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on September 19, 2016 in the Historic Federal Building. RESOLUTION NO. 313-16 NORTHWEST ARTERIAL / CHAVENELLE INTERSECTION LEFT TURN LANE IM- PROVEMENTS PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Northwest Arterial / Chavenelle Intersection Left Turn Lane Improvements Project in the estimated amount $293,000, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 19th day of September, 2016 at 6:00 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general cir- culation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any inter- ested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Northwest Arterial / Chavenelle Intersec- tion Left Turn Lane Improvements is hereby ordered to be advertised for bids for construc- tion. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room and posted on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will occur not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 22nd day of September 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 3rd day of October, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 6th day of September, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, September 6, 2016 355 2. Fiscal Year 2017 First Budget Amend- ment: City Manager recommending the first Fiscal Year 2017 Budget Amendment be set for public hearing for September 19, 2016. Upon motion the documents were received and filed and Resolution No. 314-16 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2017 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on September 19, 2016 in the Historic Federal Building. RESOLUTION NO. 314-16 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2017 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 pro- vides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hear- ing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall con- duct a public hearing on proposed Amendment No. 1 to the Fiscal Year 2017 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa on Monday, September 19, 2016, beginning at 6:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, together with the required budget information. Passed, approved and adopted this 6th day of September 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Dubuque Regional Airport Parking Lot Repair Project 2016: City Manager recom- mending initiation of the public bidding proce- dure for the Dubuque Airport Parking Lot Re- pair Project 2016, and further recommends that a public hearing be set for September 19, 2016. Upon motion the documents were re- ceived and filed and Resolution No. 315-16 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and or- dering the advertisement for bids was adopted setting a public hearing for a meeting to com- mence at 6:00 p.m. on September 19, 2016 in the Historic Federal Building. RESOLUTION NO. 315-16 DUBUQUE AIRPORT PARKING LOT RE- PAIR PROJECT 2016 IMPROVEMENT PRO- JECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Dubuque Airport Parking Lot Repair Project 2016 Im- provement Project in the estimated amount $122,048.21, are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 19th day of September, 2016, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of con- tract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. The Dubuque Airport Parking Lot Re- pair Project 2016 Improvement Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 23rd day of September, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 3rd day of October, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 6th day of September 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Special Session August 30, 2016 356 4. Lease of Property to Interstate Power and Light Company for Construction of Solar Array: City Manager recommending he City Council set a public hearing for September 19, 2016, to approve a lease with Interstate Power and Light Company for approximately 21.14 acres of property recently acquired by the City of Dubuque near the Dubuque Industrial Cen- ter West north of Humke Road and west of Seippel Road for construction of a solar array. Upon motion the documents were received and filed and Resolution No. 316-16 Resolu- tion of Intent to dispose of an interest in City of Dubuque owned property by lease between the City of Dubuque and Interstate Power and Light Company was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on September 19, 2016 in the Historic Federal Building. RESOLUTION NO. 316-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE OWNED PROPERTY BY LEASE BETWEEN THE CITY OF DUBU- QUE AND INTERSTATE POWER AND LIGHT COMPANY Whereas, the City of Dubuque (City) is the owner of the following described property le- gally described as: Lot 2 in “W.A. Norman Place" in Sec- tion 25, Center Township, Dubuque County, Iowa according to the plat thereof (the Property) and; Whereas, City desires to lease that part of the Property described in attached Exhibit A (the Premises) to Interstate Power and Light Company pursuant to the Real Property Lease Agreement (the Lease) now on file at the Of- fice of the City Clerk, City Hall, 13th and Cen- tral, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to enter into the Lease; and Whereas, the City Council has determined that the proposed Lease should be set for pub- lic hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the Premises by Lease with Interstate Power and Light Compa- ny. Section 2. That the City Clerk is hereby au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the Premises to be held on the 19th day of September, 2016, at 6:00 o’clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 6th day of September, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Long Range Planning Advisory Com- mission: One, 3-year term through July 1, 2017 (Vacant term of Clements). Applicant: Ronald Collins, 243 Cardiff St. Appointments were made to the following Boards/Commissions. 1. Long Range Planning Advisory Com- mission: One, 3-year term through July 1, 2019 (Vacant term of Prochaska). Applicant: Michael Wright, 385 Burch St. Motion by Con- nors to appoint Mr. Wright to a 3-year term through July 1, 2019. Seconded by Lynch. Motion carried 7-0. 2. Transit Advisory Board: One, 3-year term through July 30, 2019 (Expired term of Lohrmann). Applicant: Carrie Lohrmann, 1879 Denver Dr. Motion by Jones to appoint Ms. Lohrmann to a 3-year term through July 30, 2019. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS 1. Removal of Phyllrich Drive from Resi- dential Parking Permit District H: Proof of pub- lication on notice of public hearing to consider the removal of Phyllrich Drive from Residential Parking Permit District H and the City Manager recommending approval. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. City Engineer Gus Psihoyos re- sponded to questions from the City Council regarding changes in student parking in the residential area since the completion of Hemp- stead High School’s parking renovation pro- ject. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 42-16 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Park- ing, Division 7 Residential Parking Permit Pro- gram, Section 9-14-321.740 Residential Park- ing Permit District H by removing Phyllrich Drive between Keystone Drive and Keymont Drive. Seconded by Resnick. Motion carried 7- 0. Book 146 Regular Session, September 6, 2016 357 OFFICIAL PUBLICATION ORDINANCE NO. 42-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PER- MIT PROGRAM, SECTION 9-14-321.740 RESIDENTIAL PARKING PERMIT DISTRICT H BY REMOVING PHYLLRICH DRIVE BE- TWEEN KEYSTONE DRIVE AND KEYMONT DRIVE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.740 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT H: A. The following described area constitutes a residential parking permit district designated as Residential Parking Permit District H: Hansel Drive, between Keystone Drive and Keymont Drive. Keymont Drive from Key Way Drive to its westerly terminus. Vizaleea Drive from Pennsylvania Ave- nue to Keystone Drive B. No vehicles shall park curbside in Resi- dential Parking Permit District H during the hours of seven o'clock (7:00) AM to three o'clock (3:00) PM, except Saturdays, Sundays, and holidays, without displaying a valid parking permit issued by the city. Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 6th day of September, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 9th day of September, 2016. /s/Kevin S. Firnstahl, CMC, City Clerk PUBLIC INPUT Jill Crippes, 2257 Chaney Road #1, ad- dressed the City Council about her interest in purchasing the Five Flags Center and use it as a church. Mayor Buol advised Ms. Crippes to submit her proposal to the City Clerk for sub- mission to the City Council. ACTION ITEMS 1. Greater Dubuque Development Corpo- ration - Quarterly Update: President and CEO Rick Dickinson presented a verbal update on the activities of the Greater Dubuque Devel- opment Corporation. Topics included meeting and exceeding the goals of the NEXT Cam- paign in the areas of job creation, population growth, average wage, expanding and devel- oping NEXT Campaign goals beyond Fiscal Year 2017. Mr. Dickinson responded to ques- tions from the City Council regarding Moody’s Investor Service assessments and predictions for cities that do not factor in present and fu- ture programs that may benefit the city’s rat- ing. He added the GDDC tracks Moody’s re- ports and makes inquiries. Mr. Dickinson also addressed the analytics of regional job growth and how it is impacted by population growth and the inability to break it down by communi- ty. Motion by Jones to receive and file the in- formation. Seconded by Lynch. Motion carried 7-0. 2. Five Flags Civic Center Quarterly Re- port: SMG Regional General Manager HR Cook provided the quarterly report on the Five Flags Civic Center. Topics included: a financial report, a breakdown of events and attendance, notable events past and future, new logo un- veiling, business partnerships, concession changes and the addition of a new, recurring event for dog owners, “Wags at Flags” during the winter months. Motion by Connors to re- ceive and file the information. Seconded by Jones. Motion carried 7-0. 3. Cottingham & Butler Insurance Services, Inc. - IEDA Contract: City Manager recom- mending approval of a contract among Cot- tingham & Butler Insurance Services, Inc., the City of Dubuque and the Iowa Economic De- velopment Authority. Motion by Lynch to re- ceive and file the documents and adopt Reso- lution No. 317-16 Authorizing the execution of a Contract for State Business Financial Assis- tance by and among Cottingham & Butler In- surance Services, Inc., the City of Dubuque, Iowa and the Iowa Economic Development Authority. Seconded by Connors. Motion car- ried 7-0. RESOLUTION NO. 317-16 AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS FI- NANCIAL ASSISTANCE BY AND AMONG COTTINGHAM & BUTLER INSURANCE SERVICES, INC., THE CITY OF DUBUQUE, IOWA AND THE IOWA ECONOMIC DEVEL- OPMENT AUTHORITY Whereas, Cottingham & Butler Insurance Services, Inc. has proposed making a One Million Two Hundred Thousand Dollar ($1,200,000.00) investment in tenant im- provements to twenty-five thousand square feet (25,000 sq. ft.) of office space in the Roshek Building at 700 Locust Street in the City of Dubuque, Iowa which will allow the creation of ninety (90) full-time jobs in the City; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal Book 146 Special Session August 30, 2016 358 and has determined that the proposed project will contribute to the local economy; and Whereas, financial assistance from the Io- wa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Eco- nomic Development Assistance Contract in order to finalize incentives and document as- sociated terms for the tenant improvements of Cottingham & Butler Insurance Services, Inc.’s proposed project at 700 Locust Street in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the execution of the Eco- nomic Development Assistance Contract 16- DF-046 for participation in the Iowa Economic Development Authority’s Financial Assistance Program on behalf of Cottingham & Butler Insurance Services, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby au- thorized to execute and the City Manager is hereby directed to submit the Economic De- velopment Assistance Contract to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 6th day of September 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Rejection of Bids - Grandview Avenue and Loras Boulevard and Grandview Avenue and University Avenue Intersection Improve- ment Projects: City Manager recommending the rejection of the competitive bid proposals received for the Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue Intersection Improvement Project due to the reconsideration of a traffic control device for the intersection improvements at Grandview Avenue & University Avenue. Mo- tion by Lynch to receive and file the docu- ments and adopt Resolution No. 318-16 Re- jecting competitive bid proposals received for the Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue Inter- section Improvement Project. Seconded by Resnick. Motion carried 7-0. City Manager Van Milligen and City Engineer Gus Psihoyos re- sponded to questions from the City Council regarding the impact the change would have on grant funding, the impact on current and future traffic flow from the recently completed roundabout. At the request of City Council, staff will inquire with consultants about the option of a mini/painted roundabout. RESOLUTION NO. 318-16 REJECTING COMPETITIVE BID PRO- POSALS RECEIVED FOR THE GRANDVIEW AVENUE & LORAS BOULEVARD AND GRANDVIEW AVENUE & UNIVERSITY AV- ENUE INTERSECTION IMPROVEMENT PROJECT Whereas, competitive sealed bid proposals were submitted for the Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue Intersection Improvement Project (the Project) pursuant to Resolution No. 277-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 19th day of July, 2016; and Whereas, the competitive sealed bid pro- posals were opened and read on the 4th day of August, 2016; and Whereas, the City Council has deemed it advisable to reject all competitive sealed bid proposals for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The competitive sealed bid pro- posals for the Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue Intersection Improvement Project is hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposit of the un- successful bidders for the Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue Intersection Improvement Project. Passed, approved and adopted this 6th day of September 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Code of Ordinances Amendment - Title 15 Swimming Pool Regulations: City Manager recommending approval of a change to Title 14-9-1 of the City of Dubuque Code of Ordi- nances redefining the depth and amending fencing regulations for swimming pools to be consistent with the International Property Maintenance Code. Motion by Connors to re- ceive and file the documents and that the re- quirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Del Toro. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 43-16 Amend- ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 9 Swimming Pools, Sections 14-9-1 Definition and 14-9-4 Fencing Requirements to make language consistent with the International Property Maintenance Code. Seconded by Del Toro. Motion carried 7-0. Book 146 Regular Session, September 6, 2016 359 OFFICIAL PUBLICATION ORDINANCE NO. 43-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 9 SWIMMING POOLS, SECTIONS 14-9-1 DEFINITION AND 14-9-4 FENCING REQUIREMENTS TO MAKE LANGUAGE CONSISTENT WITH THE INTERNATIONAL PROPERTY MAINTE- NANCE CODE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-9-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-9-1: DEFINITION: As used in this chap- ter, a "swimming pool" is defined as any con- structed or prefabricated swimming pool, hot tub, or spa used for swimming, bathing or wad- ing, containing water over twenty-four inches (24") in depth. Section 2. Section 14-9-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 14-9-4: FENCING REQUIREMENTS: Swimming pool fencing shall be in compliance with Section 303 of the International Property Maintenance Code. Section 3. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 6th day of September, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 9th day of September, 2016. /s/Kevin S. Firnstahl, City Clerk 6. Traffic Stop Analysis Project: City Man- ager recommending approval of a Memoran- dum of Understanding between the City of Dubuque and St. Ambrose University to com- plete a traffic stop study in Dubuque. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Jones. Police Chief Mark Dalsing respond- ed to questions from the City Council regard- ing the qualifications of St. Ambrose Universi- ty, current and ongoing departmental intercul- tural training, and concerns about justifying the need for the analysis versus putting the funds toward improving the current system. Motion carried 6-1 with Del Toro voting nay. 7. Expansion of Conservation District to In- clude 553 E. 14th Street: City Manager rec- ommending approval of the expansion of the Washington Neighborhood Conservation Dis- trict to include 553 E. 14th Street. Motion by Connors to consider the first reading of a pro- posed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified De- velopment Code, by amending Article 10-11-A- 4 pertaining to expansion of the Washington Street Neighborhood Conservation District. Motion failed for lack of a second. Motion by Resnick to table to October 17, 2016. Seconded by Del Toro. Motion carried 5- 2 with Buol and Jones voting nay. 8. Building Conditions Report for Property at 3000 Jackson Street: Building Services Manager Todd Carr, Assistant City Attorney Maureen Quann, Assistant City Attorney Crenna Brumwell and Planning Services Man- ager Laura Carstens presented a Building Conditions Report for property at 3000 Jack- son Street, a portion of the former Dubuque Brewing and Malting Company complex (a/k/a H&W Building). Topics included historical background, code enforcements and timelines by City departments, court enforcement and timelines by City Attorney’s Office, response to July 21, 2016 partial building collapse, work plan to remove threat to public safety, and overview of the City’s code enforcement tools. Staff and the City Manager responded to ques- tions from the City Council regarding the immi- nent threat of public safety, comparisons to other preservation projects, property/business insurance, and options the property owner has for the future of the building. Staff will provide updates to the City Council on the safety issue and any changes in the disposition of the property. Motion by Connors to receive and file the documents. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol invited citizens to the State of the City Address at 7 p.m. on Thursday, Sep- tember 8, 2016 in the City Council Chambers, 350 W. 6th Street (second floor). The Address will be broadcast on cable channel 8 and digi- tal 117.2. There being no further business, upon mo- tion the City Council adjourned at 9:21 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Session, September 12, 2016 360 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on September 12, 2016 at 420 Garfield Avenue Parking Lot. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen Excused: City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session / walking tour of Bee Branch Creek Restoration Project. WORK SESSION Walking Tour of the Bee Branch Creek Res- toration Project Civil Engineers Deron Muehring and Steve Brown conducted a walking tour of the Bee Branch Creek Restoration Project starting from 420 Garfield Avenue to 24th Street. Highlights included descriptions of construction progress and associated elements; stormwater man- agement/conveyance components; land ac- quisitions; infrastructure upgrades to surround- ing neighborhoods and project amenities such as bike paths, amphitheater, orchard, fishing, landscaping, plant materials, bridge designs, safety features and pedestrian and vehicular access. Citizen input and outreach programs to surrounding schools regarding safety measures were also highlighted. There being no further business, upon mo- tion the City Council adjourned at 6:40 p.m. /s/Trish L. Gleason, CMC, Assistant City Clerk Book 146 Regular Session, September 19, 2016 361 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on September 19, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol (via phone), Mayor Pro-Tem Lynch; Council Members Connors, Del Toro, Jones, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl Mayor Pro-Tem Lynch 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 PROCLAMATION(S) 1. National Museum of African-American History and Culture Day (September 24, 2016) was accepted by Ernest Jackson of the Black Men’s Coalition; Michela Houston, President of the Clarke University Black Student Union; Amonde Lawhorn, President of the Black Stu- dent Union of the University of Dubuque; and 9 additional representatives. 2. Crop Walk Day (October 4, 2016) was accepted by Erich Moeller of Holy Trinity Church. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Del Toro. Coun- cil Member Connors requested items #4 & #5 be held for separate discussion. Motion carried 7-0. 1. Minutes and Reports Submitted: Cable TV Commission of 9/7; City Council Proceed- ings of 9/6, 9/12; Library Board of Trustees of 7/28 and Council Update #152 of 8/25; Long Range Planning Advisory Commission of 8/17; Zoning Advisory Commission of 9/7; Zoning Board of Adjustment of 8/25; Proof of Publica- tion for City Council Proceedings of 8/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: National Ag- ribusiness Insurance Co. / Mary Althaus for vehicle damage; Ciara Neealy for vehicle damage; Richard Sherman II for vehicle dam- age. Upon motion the documents were re- ceived, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa the agent for the Iowa Communities Assurance Pool: National Agribusiness Insurance Co. / Mary Althaus for vehicle damage; Richard Sherman II for vehicle damage. Upon motion the documents were received, filed and con- curred. 4. Randy Peck Receives Labor Relations Award of Excellence: City Manager transmit- ting information about Personnel Manager Randy Peck receiving the Labor Relations Award of Excellence from the Iowa Public Em- ployer Labor Relations Association (IaPELRA). Upon motion the documents were received and filed. 5. Jule Transit FTA Ridership Award: City Manager transmitting information about Jule Transit Manager Candace Eudaley accepting the Ridership Award of Excellence from the Federal Transit Administration at the Transit Midwest Conference. Upon motion the docu- ments were received and filed. Motion by Connors to receive and file the documents related to Consent Items 4 & 5. Seconded by Jones. Connors recognized and commended staff on their respective awards. Motion carried 7-0. 6. Replacement Agency for Project Con- cern: City Manager recommending approval to replace Project Concern with East Central Development Corporation, a non-profit division of East Central Intergovernmental Association, as the sponsor agency to manage the Shelter Care Plus Program under the Continuum of Care Grant. Upon motion the documents were received and filed and Resolution No. 319-16 Authorizing the Mayor to execute a contract for the Continuum of Care Special Needs Assis- tance Grant for Supportive Services designat- ing East Central Development Corporation as sponsor agency was adopted. RESOLUTION NO. 319-16 AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE CONTINUUM OF CARE SPECIAL NEEDS ASSISTANCE GRANT FOR SUPPORTIVE SERVICES DES- IGNATING EAST CENTRAL DEVELOPMENT CORPORATION AS SPONSOR AGENCY Whereas, the City of Dubuque has entered into a contract with U.S. Department of Hous- ing and Urban Development for the Continuum of Care Special Needs Assistance Program for Fiscal Year 2017; and Book 146 Regular Session, September 19, 2016 362 Whereas, the Continuum of Care grant is a Sponsor-Based Permanent Supportive Hous- ing program; and Whereas, the City of Dubuque has admin- istered the Continuum of Care grant since 2007; and Whereas, the City of Dubuque proposes to continue administering the Continuum of Care grant to assist homeless, disabled persons with permanent supportive housing; and Whereas, the City of Dubuque is required to designate a Sponsor Agency; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby au- thorized and directed to enter into a contract with the East Central Development Corpora- tion (ECDC) in connection with the Continuum of Care Special Needs Assistance Program. Section 2: That the Mayor and City Council designate ECDC as the Sponsor Agency Section 3: That the Mayor and City Council authorizes the monies as stated on the con- tract for supportive services, case manage- ment and funds to cover utility costs and rents Passed, approved and adopted this 19th day of September 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 7. Washington Neighborhood Housing Trust Fund Grant Application: City Manager recommending approval for the commitment of local matching funds for a grant application being submitted by the City of Dubuque Hous- ing Trust Fund Committee to the Iowa Finance Authority State Housing Trust Fund for contin- ued support of homeownership in the Wash- ington Neighborhood. Upon motion the docu- ments were received and filed and Resolution No. 320-16 Approving commitment of match- ing funds for an application to the Iowa Fi- nance Authority (IFA) for State Housing Trust Funds was adopted. RESOLUTION NO. 320-16 APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS Whereas, the Iowa Finance Authority has recognized Dubuque’s Housing Trust Fund Committee as a certified Local Housing Trust Fund; and Whereas, IFA has made funding available in statewide competition to local trust funds for State Housing Trust Fund grants, in amounts based on population size; and Whereas, a 25% local match is required for receipt of a funding award; and Whereas, the Housing Trust Fund Commit- tee has authorized an application to IFA for a Housing Trust Fund award, in the amount of $141,283; and Whereas, Homeownership Grant Activity No. 1011595 funds are available in the current year Housing Department’s budget in sufficient amount to meet the matching funds require- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves commitment of $35,321 in the cur- rent year Homeownership Grant funds as a match to the application for IFA State Housing Trust Funds. Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2-5D-7 of the Code of Ordinances, shall have final au- thority to direct how such funds shall be used in support of revitalization activities in the Washington Neighborhoods. Passed, approved and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 8. US EPA Consent Decree September 30, 2016 Semiannual Report: City Manager rec- ommending authorization to certify the Sep- tember 30, 2016 Consent Decree Semi Annual Report for submittal to the US Department of Justice, US EPA and the Iowa Department of Natural Resources. Upon motion the docu- ments were received, filed and approved. 9. Friends of St. Mary's D/B/A Steeple Square - Third Amendment to Development Agreement: City Manager recommending ap- proval of the Third Amendment to the Devel- opment Agreement between the City of Dubu- que and Friends of St. Mary’s D/B/A Steeple Square for the property located at 1501 Jack- son Street. Upon motion the documents were received and filed and Resolution No. 321-16 Approving the Third Amendment to the Devel- opment Agreement between the City of Dubu- que, Iowa and Friends of St. Mary's D/B/A Steeple Square was adopted. RESOLUTION NO. 321-16 APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT BE- TWEEN 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, and second Amendment dated July 18, 2016, for the rehabilitation of 1501 Jackson Street, Dubuque, Iowa (the Property); and Book 146 Regular Session, September 19, 2016 363 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 Third Amendment to Develop- ment 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 Third Amend- ment to Development Agreement, a copy of which is attached hereto. Section 2. The Mayor is authorized and di- rected to sign the Third Amendment to Devel- opment Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 10. Great Lakes Career Ready Internship Grant Program: City Manager recommending approval to utilize the Great Lakes Career Ready Internship Grant Program in order to employ a Loras College student as a tempo- rary intern in the Circles Program-Housing and Community Development Department the fall semester beginning September 12, 2016 until December 23, 2016. Upon motion the docu- ments were received, filed and approved. 11. Request for Proposals - Fire Stations Rooftop Solar: City Manager recommending approval to issue a Request for Proposals for the design and potential installation of solar photovoltaic systems on the City’s six fire sta- tion rooftops, and approval for the City Man- ager to execute a contract with a recommend- ed firm should solar construction during Fiscal Year 2017 be recommended, based on the requirement that there be no upfront capital investments. Upon motion the documents were received, filed and approved. 12. Northfork Trails Subdivision - Ac- ceptance of Improvements: City Manager rec- ommending acceptance of the public im- provements on Keymont Court that the devel- oper, 4-ALL LLC, has recently completed in North Fork Trails No. 5, Lots 1 through 10. Upon motion the documents were received and filed and Resolution No. 322-16 Accepting public improvements in North Fork Trails No. 5 - Lots 1 through 10 was adopted. RESOLUTION NO. 322-16 ACCEPTING PUBLIC IMPROVEMENTS IN NORTH FORK TRAILS NO. 5 - LOTS 1 THROUGH 10 Whereas, pursuant to Resolution 182-15, certain public improvements including street paving with curb and gutter, sidewalk ramps, sanitary sewer main, water main, storm sew- ers and catch basins, fiber optics conduit, street lighting, and storm water detention facili- ties were installed by the developer of North Fork Trails No. 5 in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accord- ance with the plans approved by the City Council and in conformance with City specifi- cations, and has recommended that the im- provements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in North Fork Trails No. 5 Lots 1 through 10 be and the same is hereby accept- ed. Section 2. That maintenance of said public improvements, except permeable streets, shall be the responsibility of the owner and contrac- tor for a period of two (2) years from the date of this resolution. Section 3. Street maintenance, except for snow removal and deicing, shall be the re- sponsibility of the owner, 4-ALL, LLC, until 80 percent (8 lots) of the lots are improved. Maintenance by the owner will consist of rou- tine inspection, sweeping and/or vacuuming any sediment from the void area or subgrade and adding pervious material to the void area as necessary. The street maintenance shall also include the removal and replacement of pavers, as necessary, to maintain the design gradient and design cross section of the street. Passed, approved and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 13. Green Industrial Supply, Inc. - IEDA Contract Second Amendment: City Manager recommending approval of a resolution author- izing a second amendment to a contract with the Iowa Economic Development Authority (IEDA) for Iowa Values Funds Financial Assis- tance benefits on behalf of Green Industrial Supply, Inc. Upon motion the documents were received and filed and Resolution No. 323-16 Approving a Second Amendment to the Eco- nomic Development Financial Assistance Con- tract by and among Green Industrial Supply, Inc., the City of Dubuque, and the Iowa De- partment of Economic Development was adopted. Book 146 Regular Session, September 19, 2016 364 RESOLUTION NO. 323-16 APPROVING A SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT FINAN- CIAL ASSISTANCE CONTRACT BY AND AMONG GREEN INDUSTRIAL SUPPLY, INC., THE CITY OF DUBUQUE, AND THE IOWA DEPARTMENT OF ECONOMIC DE- VELOPMENT Whereas, in 2011, Green Industrial Supply, Inc. (Green Industrial), the City of Dubuque (City) and Iowa Economic Development Au- thority (IEDA) entered into an Economic De- velopment Financial Assistance Contract (the Contract) for the expansion of Green Industri- al’s operations in Dubuque, Iowa; and Whereas, the Contract provided for a Pro- ject Completion Date of August 31, 2014; and Whereas, Green Industrial requested and IEDA approved an extension of the Project Completion Date to August 31, 2015 in the Contract Amendment dated January 16, 2015; and Whereas, Green Industrial has requested a further extension of the Project Completion Date from August 31, 2015 to August 31, 2016; and Whereas, IEDA has approved the exten- sion of the Project Completion Date to August 31, 2016; and Whereas, the parties now desire to amend the Contract as set forth in the attached Con- tract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Contract Amendment at- tached hereto is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute and the City Manager is hereby directed to submit the Contract Amendment to the Iowa Economic Develop- ment Authority together with such other docu- ments as may be required. Passed, approved, and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 14. Delinquent Weed, Junk, and Garbage Collection Accounts (Health Services): City Manager recommending the levy of special assessments for the Weed/Junk/Garbage En- forcement Programs which is being levied against 16 separate parcels of property in- spected from October 5, 2015 to June 21, 2016. Upon motion the documents were re- ceived and filed and Resolution No. 324-16 Adopting the Schedule of Assessments for 2016 and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 324-16 ADOPTING THE SCHEDULE OF ASSESS- MENTS FOR 2016 AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW A: That after full consideration of the Sched- ule of Assessments attached hereto for weed/grass cutting and junk/garbage removal tax assessments which Schedule of Assess- ments was filed in the office of the City Clerk on the September 15, 2016, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby di- rected to certify said schedule to the County Treasurer of Dubuque County, Iowa and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publi- cation of which shall be not more than fifteen days from the date of filing of the final sched- ule. On or before the date of the second publi- cation of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 19th day of September, 2016 Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk SCHEDULE OF ASSESSMENTS FOR WEED/JUNK/GARBAGE ENFORCEMENT PROGRAMS Property Address; Owner; Parcel; Legal De- scription; Contractor; Date cut / cleaned up by contractor; Expense; Admin. Fee; Total NE Corner of Kaufmann Ave & N Grandview Ave; Shane Hoeper, 414 N Madison Ct, Cuba City, Wl43807; 1014376020 & 1014376021; LOT 2-1-1- Book 146 Regular Session, September 19, 2016 365 1-1-1-1-1-1-1 OF MINERAL LOT 342 & LOT 2-1-1-1-1-1-1-1 of Min Lot 342; Hoyne; 09/24/2015; $45.00; $25.00; $70.00 S. Grandview Ave, 855; Robert & Alana Neuwoehner, 16401 Nottingham Ct, Dubuque, lA 52001; 1036151014; Lot 2 Mount Vernon Court Plat 2; Hoyne; 09/18/2015; $90.00; $25.00; $115.00 Burden Ave, 2759; Derrick Pape & Jessica Murnane, 2759 Burden Ave, Dubuque, lA 52001; 1013188006; LOT 138 Burden & Lawther Add; Hoyne; 09/11/2015; $45.00; $25.00; $70.00 Cannon St, 1811; Daniel Streif, 1811 Can- non St, Dubuque, lA 52001; 1 036277009; Lot 2-2-1 Linheins Sub; Hoyne; 09/16/2015; $45.00; $25.00; $70.00 Rhomberg Ave, 1203; Rob Coker, 1203 Rhom- berg Ave, Dubuque, lA 52001; 1118310023; Se 93' Of Lot 5 Fengler's Add; Hoyne; 09/25/2015; $56.25; $25.00; $81.25 Stafford St, 2520; Gary & Annette Haas, 2520 Stafford St, Dubuque, lA 52001; 1013411005; Lot 2 A Stine's Sub; Hoyne; 09/30/2015; $45.00; $25.00; $70.00 Asbury Rd, 1988; Rachel Tucker, 1988 Asbury Rd, Dubuque, lA 52001; 1022429001; Lot 6 Hillcrest Sub; Hoyne; 10/01/2015; $45.00; $25.00; $70.00 Rhomberg Ave, 1230; Robert J & Madonna C Parker, 1230 Rhomberg Ave, Dubu- que, lA 52001; 1118311003; Lot 53 Me Craney's 1st Add; Stackis; 04/25/2016; $137.00; $25.00; $162.00 Riker St, 973; Gail A. Szudarski, 973 Riker St, Dubuque, lA 52001; 1025457021; Lot 2 Riker Place; Stackis; 04/25/2016; $72.00; $25.00; $97.00 Dillon St, 248; Raymond & Patricia Anger, Po Box 242, Hanover, II 61041; 1025355006; Lot 45 Grandview Ave Add; Hoyne; 05/17/2016; $67.50; $25.00; $92.50 Kane St, 815; Linda Schnee, 815 Kane St, Dubuque, lA 52001; 1014404034; Lot 11 Blk 1 Sunnyview Hills Sub; Hoyne; 05/27/2016; $67.50; $25.00; $92.50 Valeria St, 333; Park Tree Properties 11, LLC, 425 Divisadero St, Ste 207, San Francisco, Ca 94117; 1024126010; Lot 14 Schaffner's Sub; Hoyne; 05/27/2016; $67.50; $25.00; $92.50 York St, 65; Carol D. Johnson, 65 York St, Dubuque, lA 52003; 1026431011; Lot 2-2- 13 Of Min Lot 149; Hoyne; 06/01/2016; $100.00; $25.00; $125.00 Dillon St, 248; Raymond & Patricia Anger, Po Box 242, Hanover, II 61041; 1025355006; Lot 45 Grandview Ave Add; Hoyne; 06/08/2016; $67.50; $25.00; $92.50 Elm St, 2721; Travis Kaiser & Kendra Chapman, 2721 Elm St, Dubuque, lA 52001; 1013182023; S 1/2 Of Lot 191 Glendale Add; Stackis; 06/21/2016; $45.00; $25.00; $70.00 15. City Street Financing Report for Fiscal Year 2016: City Manager recommending ap- proval of the City of Dubuque’s Fiscal Year 2016 City Street Financing Report. Upon mo- tion the documents were received and filed and Resolution No. 325-16 Approving the City of Dubuque Fiscal Year 2016 City Street Fi- nancing Report was adopted. RESOLUTION NO. 325-16 APPROVING THE CITY OF DUBUQUE FIS- CAL YEAR 2016 CITY STREET FINANCING REPORT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Street Finance Report for the period of July 1, 2015, to June 30, 2016, is hereby approved and that the City Clerk is hereby authorized and directed to file said report with the Iowa Department of Transportation. Passed, approved and adopted this 19th day of September 2016 Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 16. 2016 Justice Assistance Grant (JAG) Acceptance: City Manager recommending acceptance of the 2016 Justice Assistance Grant (JAG). Upon motion the documents were received, filed and approved. 17. Visiting Nurses Association Home Ad- vocate Contract Extension: City Manager rec- ommending approval to extend the Visiting Nurse Association agreement through January 2017. Upon motion the documents were re- ceived, filed and approved. 18. Alternative Services Concepts (ASC) Renewal Rates: City Manager recommending approval of Alternative Services Concepts (ASC) renewal rates for worker’s compensa- tion claims administration effective October 1, 2016 through September 30, 2017. Upon mo- tion the documents were received, filed and approved. 19. Dubuque Main Street Program Agree- ments: City Manager recommending approval of a resolution and Program Agreement be- tween Dubuque Main Street, the City of Dubu- que and the Iowa Department of Economic Development. Upon motion the documents Book 146 Regular Session, September 19, 2016 366 were received and filed and Resolution No. 326-16 Resolution of Support and Financial Commitment for the Main Street Program in Dubuque was adopted. RESOLUTION NO. 326-16 RESOLUTION OF SUPPORT AND FINAN- CIAL COMMITMENT FOR THE MAIN STREET PROGRAM IN DUBUQUE Whereas, an Agreement between the Iowa Economic Development Authority, Dubuque Main Street, and the City of Dubuque for the purpose of continuing the Main Street Iowa program in Dubuque; and Whereas, this Agreement is pursuant to contractual agreements between the National Trust for Historic Preservation and the Iowa Economic Development Authority to assist in the revitalization of the designated Main Street project area of Dubuque, Iowa; and Whereas, the City Council of Dubuque en- dorses the goal of economic revitalization of the historic commercial district within the con- text of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Four Point Approach® as developed by the National Trust for Historic Preservation and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa meeting in regular session on September 19, 2016, that the City of Dubuque hereby agrees to support both financially and philosophically the work of Dubuque Main Street and desig- nates the Main Street Board to supervise the Program Director. Passed, approved, and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 20. City of Asbury Request to Use Tax In- crement Financing for Hawkeye Care Facility: City Manager recommending approval of the Joint Agreement with the City of Asbury allow- ing the City of Asbury to utilize tax increment financing for the relocation of the Hawkeye Care Facility to Asbury from Dubuque. Upon motion the documents were received and filed and Resolution No. 337-16 Approving a Joint Agreement with the City of Asbury for the relo- cation of Hawkeye Care Facility from the City of Dubuque to the City of Asbury, for the pur- pose of undertaking an urban renewal project was adopted. RESOLUTION NO. 337-16 APPROVING A JOINT AGREEMENT WITH THE CITY OF ASBURY FOR THE RELOCA- TION OF HAWKEYE CARE FACILITY FROM THE CITY OF DUBUQUE TO THE CITY OF ASBURY FOR THE PURPOSE OF UNDER- TAKING AN URBAN RENEWAL PROJECT Whereas, the City of Dubuque has been presented with a Joint Agreement with the City of Asbury to consent to the relocation of Haw- keye Care Facility (the Care Center) from the City of Dubuque to the City of Asbury, for the purpose of undertaking an urban renewal pro- ject; and Whereas, the City Council has reviewed the proposed Joint Agreement and has deter- mined to consent to the relocation of the Care Center as so proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque City Coun- cil hereby approves the Joint Agreement with the City of Asbury attached hereto. Section 2. The Mayor is hereby authorized and directed to sign the Joint Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 21. Improvement Contracts / Performance, Payment and Maintenance Bonds: Midwest Concrete, Inc. for the 2016 Asphalt Overlay Access Ramp Projects Two and Three. Upon motion the documents were received, filed and approved. 22. Alcohol Compliance Civil Penalty for Alcohol License Holder – Aldi, Inc.: City Man- ager recommending approval of the Acknowl- edgment/Settlement Agreement for an alcohol compliance violation for Aldi, Inc., #30, 2160 Holliday Drive. Upon motion the documents were received, filed and approved. 23. Business License Refund: Request by GPM Midwest, LLC for a refund of the liquor license BC0030362 for Fas Mart #5159 locat- ed at 2175 Central Avenue, due to a license upgrade. Upon motion the documents were received, filed and approved. 24. Alcohol and Tobacco License Applica- tions: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed and Reso- lution No. 327-16 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 Book 146 Regular Session, September 19, 2016 367 Licenses and Permits; and Resolution No. 328-16 Approving applications for retail ciga- rette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A were adopt- ed. RESOLUTION NO. 327-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Chocolaterie Stam Dubuque, 269 Main St., Special Class C Liquor, Class B Wine (Out- door) (Sunday) Denny's Lux Club, 3050 Asbury Rd., Class C Liquor (Outdoor) (Sunday) Eagle Country Market, 1800 Elm St., Class E Liquor, Class B Wine, Class B Beer (Sun- day) Fat Tuesday's, 1121 University Ave., Class C Liquor (Sunday) Fiesta Cancun, 2515 NW Arterial, Class C Liquor (Outdoor) (Sunday) Friendlylocust Mart, 408 West Locust St., Class C Beer (Sunday) Grand River Center, 500 Bell St., Class C Liq- uor (Catering) (Sunday) Hy-Vee #1 Clubroom, 3500 Dodge St., Special Class C Liquor (Sunday) Iowa Welcome Center, 280 Main St., Class C Beer, Class B Native Wine (Sunday) The Copper Kettle, 2987 Jackson St., Class C Liquor, Class B Native Wine (Living Qtrs.) (Catering) (Outdoor) (Sunday) Wal-Mart Supercenter #2004, 4200 Dodge St., Class E Liquor, Class B Wine, Class C Beer (Sunday) New Chipotle Mexican Grill, 3450 Dodge St., Class C Liquor (Outdoor) (Sunday) Special Event Fat Tuesday’s 10-1, 1121 University Ave, Add- ing Outdoor Service Tott's Tap 9-24, 3457 Jackson St, Adding Out- door Service Passed, approved and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 328-16 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; 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 oth- erwise 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 author- ized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Special Event: River Rat Vapes 9-23 to 9-25 at 500 Bell St. Passed, approved and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Connors to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Del Toro. Motion carried 7-0. 1. Opening Doors - Partial Releases of Mortgages: City Manager recommending that the City Council set a public hearing be set for October 3, 2016, on the partial release of three mortgages granted by Opening Doors to the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 329-16 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 was adopted setting a public hearing for a meeting to com- mence at 6:00 p.m. on October 3, 2016 in the Historic Federal Building. Book 146 Regular Session, September 19, 2016 368 RESOLUTION NO. 329-16 INTENT TO DISPOSE OF AN INTEREST IN REAL ESTATE BY PARTIAL RELEASE OF CERTAIN MORTGAGES GRANTED BY OPENING DOORS TO THE CITY OF DUBU- QUE, IOWA Whereas, Opening Doors, an Iowa non- profit 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 mort- gages 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 Mort- gages be released as to Lots 1 and 3; and Whereas, the City Council has tentatively determined that the Mortgages should be re- leased as to those lots; and Whereas, the City Council has determined that the proposed partial release of the Mort- gages should be set for public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the Property by Partial Release of Mortgages granted by Opening Doors to the City of Dubuque, Iowa. Section 2. That the City Clerk is hereby au- thorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of its interest in Lots 1 and 3 of City Lot 493 by Partial Release of Mortgages to be held on the 3rd day of Oc- tober, 2016, at 6:00 o’clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubu- que, Iowa Passed, approved and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointment was made to the following com- mission. 1. Long Range Planning Advisory Com- mission: One, 3-year term through July 1, 2017 (Expired term of Clements). Applicant: Ronald Collins, 243 Cardiff St. Motion by Jones to appoint Mr. Collins to the remainder of a 3-year term through July 1, 2017. Se- conded by Connors. Motion carried 7-0. PUBLIC HEARINGS 1. Dubuque Regional Airport Parking Lot Repair Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Dubuque Regional Airport Parking Lot Repair Project and the City Manager rec- ommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 330-16 Approval of plans, specifications, form of contract, and estimated cost for the Dubuque Regional Airport Parking Lot Repair Project 2016. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 330-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE DUBUQUE AIRPORT PARKING LOT REPAIR PROJECT 2016 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Dubuque Airport Parking Lot Repair Project 2016 in the estimated amount $96,480.80, are hereby approved. Passed, adopted and approved this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 2. NW Arterial and Chavenelle Road Left Turn Lane Improvement Project: Proof of pub- lication on notice of public hearing to consider approval of plans, specifications, form of con- tract, and estimated cost for the Northwest Arterial/Chavenelle Road Intersection Left Turn Lane Improvement Project and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 331-16 Approval of plans, specifications, form of contract, and estimated cost for the Northwest Arterial / Chavenelle Intersection Left Turn Lane Im- provement Project. Seconded by Del Toro. The City Manager stated that the project re- lates directly to detours related to the South- west Arterial project construction. Motion car- ried 7-0. RESOLUTION NO. 331-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE NORTHWEST ARTERIAL / CHAVENELLE INTERSECTION LEFT TURN LANE IMPROVEMENTS PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Book 146 Regular Session, September 19, 2016 369 That the proposed plans, specifications, form of contract and estimated cost for the Northwest Arterial / Chavenelle Intersection Left Turn Lane Improvements Project in the estimated amount $231,000.00, are hereby approved. Passed, adopted and approved this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 3. Dubuque Industrial Center West - Urban Renewal Plan Amendment: Proof of publica- tion on notice of public hearing to approve the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District and the City Manager recommending approval. Motion by Del Toro to receive and file the documents and adopt Resolution No. 332-16 Approving the Amend- ed and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel- opment District. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 332-16 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution 303-16 on August 15, 2016 the City Council of the City of Dubu- que, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Ur- ban Renewal Plan for the District dated Sep- tember 19, 2016 is on file in the City Clerk's Office; and Whereas, the City of Dubuque's primary objective for the Amended and Restated Ur- ban Renewal Plan for the District is to provide opportunities which will further economic de- velopment purposes and objectives as de- scribed in the Urban Renewal Plan; and Whereas, the City Council finds that certain areas adjacent to the District as shown on the Amended and Restated Urban Renewal Plan for the District meet the definition of an eco- nomic development area in Chapter 403 of the Iowa Code and should be included in the Dis- trict; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque Industri- al Center Economic Development District is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 4. Code of Ordinances Amendment - Title 16 Downtown Design / Architectural Guide- lines: Proof of publication on notice of public hearing to consider approval of a request by the City of Dubuque to amend the Unified De- velopment Code to replace, in various sec- tions, references to Downtown Design Guide- lines with Architectural Guidelines in Sections 16-10 and 16-3 and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Del Toro. Motion carried 7-0. Planning Services Manager Laura Car- stens provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 44-16 Amend- ing City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 10 Historic Preservation Commission Applications and Procedures, Section 16-10-10 Standards for Review by References Architectural Guide- lines; and Ordinance No. 45-16 Amending City of Dubuque Code of Ordinances Title 16 Uni- fied Development Code, Chapter 13, Site De- sign Standards, Section 16-13-2 Applicability to Reference Architectural Guidelines. Se- conded by Del Toro. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 44-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVEL- OPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION APPLICA- TIONS AND PROCEDURES, SECTION 16- 10-10 STANDARDS FOR REVIEW BY REF- ERENCES ARCHITECTURAL GUIDELINES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 16-10-10 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended to read as follows: 16-10-10 Standards for Review: A. The commission considers each design review on the merits of the indi- vidual case, with due deliberation given Book 146 Regular Session, September 19, 2016 370 to each proposed change(s) and its sympathetic relationship to the specific historic setting, architectural or historic significance, extent of previous altera- tion, use of original materials and quali- ty of design of the existing structure ore site. Commission approval of a particu- lar type of alteration or activity does not establish a binding precedent for future commission action, but may constitute an additional factor to be considered in subsequent design reviews involving the same type of alteration or activity. B. The “secretary of interior’s standards and guidelines for archaeol- ogy and historic preservation”, the “sec- retary of interior’s standards for guide- lines for the treatment of historic prop- erties”, codified as 36 CFR 68, as amended, and the “secretary of interi- or’s standards for rehabilitation and guidelines for rehabilitating historic buildings”, provide the guidelines by which the commission reviews an ap- plication for a certificate of appropriate- ness or certified of economic non- viability, and any subsequent revisions of these standards and guidelines by the secretary of interior will be adopted by the commission. C. The commission shall also be guided by the architectural guidelines and any design standards specified in the ordinance or amendment designat- ing the landmark, landmark site or his- toric district. D. The commission considers the factors or architectural style, scale, mass, arrangement, texture, materials, and any other pertinent factors. The proposed work must be appropriate for and must restore, preserve, or enhance features of buildings or structures. The proposed work shall not adversely af- fect the exterior architectural features of the building or structure, nor shall the proposed work adversely affect the character or special historical, architec- tural or aesthetic value of the property and its setting. The proposed work also must conform to such further standards as may be embodied in the ordinance. (Ord. 28-14, 3-17-2014; and. Ord. 40- 15, 6-1-15) Section 2. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of September, 2016. /s/Kevin J. Lynch, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of September, 2016. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 45-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVEL- OPMENT CODE, CHAPTER 13, SITE DE- SIGN STANDARDS, SECTION 16-13-2 AP- PLICABILITY TO REFERENCE ARCHITEC- TURAL GUIDELINES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 16-13-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 16-3-2: APPLICABILITY A. New Development: Development re- quiring a site plan under section 16-12-3 of this title on a site that is vacant or substan- tially cleared real estate, and not in a spe- cial development area, shall comply with the site design standards set forth herein. B. Redevelopment: Development re- quiring a site plan under section 16-12-3 of this title on a site with improved real estate, involving partial clearance of twenty-five percent (25%) or more of the building area and/or expansion of twenty-five percent (25%) or more of the building area existing at the time of adoption of this title, and not in a special development area, shall com- ply with the site design standards set forth herein. C. Special Development Areas: Devel- opment requiring a site plan under section 15-12-3 of this title that is in one of the fol- lowing special development areas may be subject to design standards or guidelines in addition to or in lieu of the site design standards set forth herein, as follows: 1. Urban Renewal Districts: These districts have planning and other crite- ria that may take precedence over the site design standards set forth herein. 2. Port of Dubuque Design Stand- ards: This area has design standards that may take precedence over the site design standards set forth herein. 3. Planned Unit Development (PUD) Districts: These districts may have site development and perfor- mance standards that may take prece- dence over the site design standards set forth herein. 4. Historic Districts: Historic dis- tricts, as regulated by chapter 10 of this title, have architectural guidelines that may take precedence over the site de- sign standards set forth herein. Book 146 Regular Session, September 19, 2016 371 5. Old Town Neighborhood Overlay District. This overlay district has design guidelines that may take precedence over the site design standards set forth here. 6. Architectural Guidelines: These guidelines apply to the Downtown De- sign Guidelines Area and Historic Mill- work District in accordance with city policy, and may take precedence over the site design standards set forth herein. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of September, 2016. /s/Kevin J. Lynch, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of September, 2016. /s/Kevin S. Firnstahl, City Clerk 5. Code of Ordinances Amendment - Titles 15 & 16 Meeting Requirement for Long Range Planning Advisory Commission, Zoning Advi- sory Commission, and the Zoning Board of Adjustment: Proof of publication on notice of public hearing to consider approval of a re- quest by the City of Dubuque to change the meeting requirement for the Long Range Planning Advisory Commission, the Zoning Board of Adjustment and the Zoning Advisory Commission and the Zoning Advisory Com- mission recommending approval. Motion by Del Toro to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Connors. Motion carried 7-0. Planning Services Manager Laura Car- stens provided a staff report. Motion by Del Toro for final consideration and passage of Ordinance No. 46-16 Amend- ing City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter 2 Long Range Planning Advisory Commission, Sec- tion 15-2-10 Meetings by Changing the Meet- ing Requirement; Ordinance No. 47-16 Amending City of Dubuque Code of Ordinanc- es Title 16 Unified Development Code, Chap- ter 8 Zoning Board of Adjustment Applications and Procedures, Section 16-8-1 Zoning Board of Adjustment by Changing the Meeting Re- quirement; and Ordinance No. 48-16 Amend- ing City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zon- ing Advisory Commission Applications and Procedures, Section 16-9-1 Zoning Advisory Commission by Changing the Meeting Re- quirement. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 46-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 15 PLANNING AND ZONING, CHAPTER 2 LONG RANGE PLANNING ADVISORY COMMISSION, SEC- TION 15-2-10 MEETINGS BY CHANGING THE MEETING REQUIREMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 15-2-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 15-2-10: MEETINGS: A. Meetings: Meetings may be called by the chairperson or at the written request of a majority of the commissioners. B. Open Meetings: All meetings must be called and held in conformance with the Iowa open meetings law. C. Attendance: 1. In the event a commissioner has been absent for three (3) or more con- secutive meetings of the commission, without being excused by the chairper- son, such absence will be grounds for the commission to recommend to the city council that the position be de- clared vacant and a replacement ap- pointed. 2. Attendance must be entered up- on the minutes of all meetings. D. Minutes: A copy of the minutes of all regular and special meetings of the com- mission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. E. Quorum: Four (4) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. Section 2. This Ordinance takes effect up- on publication. Passed, approved and adopted this 19th day of September, 2016. /s/Kevin J. Lynch, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of September, 2016. /s/Kevin S. Firnstahl, City Clerk Book 146 Regular Session, September 19, 2016 372 OFFICIAL PUBLICATION ORDINANCE NO. 47-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVEL- OPMENT CODE, CHAPTER 8 ZONING BOARD OF ADJUSTMENT APPLICATIONS AND PROCEDURES, SECTION 16-8-1 ZON- ING BOARD OF ADJUSTMENT BY CHANG- ING THE MEETING REQUIREMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 16-8-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 16-8-1: ZONING BOARD OF ADJUST- MENT: . . . . J. Meetings: 1. Meetings: Meetings may be called by the chairperson or at the written request of a majority of the members. 2. Open Meetings: All meetings must be called and held in conformance with the Iowa open meetings law. 3. Attendance: a. In the event a member of the board has been absent for three (3) or more consecutive meetings of the board, without being excused by the chairperson, such absence will be grounds for the board to recommend to the city council that the position be de- clared vacant and a replacement ap- pointed. b. Attendance must be entered up- on the minutes of all meetings. 4. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. 5. Quorum: The concurring vote of three (3) members of the board is neces- sary to reverse any order, requirement, de- cision, or determination of any such admin- istrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance. . . . . Section 2. This Ordinance takes effect up- on publication. Passed, approved and adopted this 19th day of September, 2016. /s/Kevin J. Lynch, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of September, 2016. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 48-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVEL- OPMENT CODE, CHAPTER 9 ZONING AD- VISORY COMMISSION APPLICATIONS AND PROCEDURES, SECTION 16-9-1 ZONING ADVISORY COMMISSION BY CHANGING THE MEETING REQUIREMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 16-9-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 16-9-1: ZONING ADVISORY COMMIS- SION: . . . . J. Meetings: 1. Meetings: Meetings may be called by the chairperson or at the written request of a majority of the commissioners. 2. Open Meetings: All meetings must be called and held in conformance with the Iowa open meetings law. 3. Attendance: a. In the event a commissioner has been absent for three (3) or more con- secutive meetings of the commission, without being excused by the chairper- son, such absence will be grounds for the commission to recommend to the city council that the position be de- clared vacant and a replacement ap- pointed. b. Attendance must be entered up- on the minutes of all meetings. 4. Minutes: A copy of the minutes of all regular and special meetings of the com- mission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. 5. Quorum: Four (4) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary except at least four (4) affirma- tive votes shall be required in the case of: a) text amendment to the zoning ordi- nance; b) a substantial zoning reclassifica- tion; c) approval, denial, or amendment of a planned district application; d) adoption of any plan or report; or e) amendment of a comprehensive plan. . . . . Section 2. This Ordinance takes effect up- on publication. Passed, approved and adopted this 19th day of September, 2016. /s/Kevin J. Lynch, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Book 146 Regular Session, September 19, 2016 373 Published officially in the Telegraph Herald newspaper on the 23rd day of September, 2016. /s/Kevin S. Firnstahl, City Clerk 6. Fiscal Year 2017 First Budget Amend- ment: Proof of publication on notice of public hearing to consider approval of the first Fiscal Year 2017 Budget Amendment, which amends the Fiscal Year 2017 budget for City Council actions since the beginning of the fiscal year. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 333-16 Amending the Current Budget for the Fiscal Year Ending June 30, 2017. Seconded by Connors. Responding to questions from the City Council, City Manager Van Milligen stated that the amendment contained only changes approved or requested by the City Council. Motion carried 7-0. Book 146 Regular Session, September 19, 2016 374 RESOLUTION NO. 333-16 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2017 (AS AMENDED LAST ON: N/A Be it Resolved by the Council of the City of Dubuque, Iowa Section 1. Following notice published 09/08/2016 and the public hearing held, 09/19/2016 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolu- tion which was considered at that hearing: Total Budget Total Budget as certified Current after Current or last amended Amendment Amendment Revenues & Other Financing Sources Taxes Levied on Property 1 25,555,634 0 25,555,634 Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 25,555,634 0 25,555,634 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 11,112,649 0 11,112,649 Other City Taxes 6 18,106,679 0 18,106,679 Licenses & Permits 7 1,505,981 0 1,505,981 Use of Money and Property 8 12,893,350 0 12,893,350 Intergovernmental 9 34,561,978 40,077,845 74,639,823 Charges for Services 10 59,462,089 41,860 59,503,949 Special Assessments 11 0 0 0 Miscellaneous 12 1,705,918 490,719 2,196,637 Other Financing Sources 13 14,996,651 3,885,621 18,882,272 Transfers In 14 28,536,128 2,839,761 31,375,889 Total Revenues and Other Sources 15 208,437,057 47,335,806 255,772,863 Expenditures & Other Financing Uses Public Safety 16 29,240,936 492,119 29,733,055 Public Works 17 13,514,802 920,463 14,435,265 Health and Social Services 18 994,825 51,323 1,046,148 Culture and Recreation 19 11,967,321 618,540 12,585,861 Community and Economic Development 20 14,203,680 123,069 14,326,749 General Government 21 9,131,313 377,493 9,508,806 Debt Service 22 10,088,563 0 10,088,563 Capital Projects 23 27,315,838 52,457,784 79,773,622 Total Government Activities Expenditures 24 116,457,278 55,040,791 171,498,069 Business Type / Enterprises 25 68,698,070 22,808,693 91,506,763 Total Gov Activities & Business Expendi- tures 26 185,155,348 77,849,484 263,004,832 Transfers Out 27 28,536,128 2,839,761 31,375,889 Total Expenditures/Transfers Out 28 213,691,476 80,689,245 294,380,721 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 29 -5,254,419 -33,353,439 -38,607,858 Beginning Fund Balance July 1 30 29,641,135 46,223,249 75,864,384 Ending Fund Balance June 30 31 24,386,716 12,869,810 37,256,526 Passed this 19th day of, September 2016 Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, September 19, 2016 375 7. Lease of Property to Interstate Power and Light Company for Construction of Solar Array: Proof of publication on notice of public hearing to consider approval of a lease with Interstate Power and Light Company for ap- proximately 21.14 acres of property recently acquired by the City of Dubuque near the Dubuque Industrial Center West north of Humke Road and west of Seippel Road for construction of a solar array and the City Man- ager recommending approval. Motion by Con- nors to receive and file the documents and adopt Resolution No. 334-16 Disposing of an interest in real property located in the City of Dubuque, Iowa by lease between the City of Dubuque and Interstate Power and Light Company. Seconded by Jones. Responding to questions from the City Council, Sustainable Innovations Consultant for the Greater Dubu- que Development Corporation David Lyons, described how much energy would be gener- ated, how the energy would be transmitted from the array and that development designs would involve Council approval. City Manager Van Milligen stated that adjacent development could not shade the array. Motion carried 7-0. RESOLUTION NO. 334-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED IN THE CITY OF DUBUQUE, IOWA BY LEASE BETWEEN THE CITY OF DUBUQUE AND INTERSTATE POWER AND LIGHT COMPANY Whereas, the City Council, by Resolution No. 316-16, dated September 6, 2016, de- clared its intent to dispose of City interest in real property legally described as: Lot 2 in “W.A. Norman Place" in Sec- tion 25, Center Township, Dubuque County, Iowa according to the plat thereof (the Property) and; Whereas, pursuant to published notice, a public hearing was held on the proposed dis- position on September 19, 2016 at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, City desires to lease that part of the Property described in attached Exhibit A (the Premises) to Interstate Power and Light Company pursuant to the Real Property Lease Agreement (the Lease) now on file at the Of- fice of the City Clerk, City Hall, 13th and Cen- tral, Dubuque, Iowa; and Whereas, the City Council has determined that it would be in the best interests of the City to enter into the Lease. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Lease Agreement by and between the City of Dubuque Interstate Power and Light Company is hereby approved. Section 2. The City Manager is authorized and directed to sign the Lease Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS 1. Heritage Trail Head Parking Lot Project Award: City Manager recommending award of the construction contract for the Heritage Trail Head Parking Lot Project to the low bidder Temperly Construction. Motion by Connors to receive and file the documents and adopt Resolution No. 335-16 Awarding public im- provement contract for the Heritage Trail Head Parking Lot Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 335-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE HERITAGE TRAIL HEAD PARKING LOT PROJECT 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 Heritage Trail Head Parking Lot Project, (the Project) pursu- ant to Resolution No. 290-16 and Notice to Bidders published in the Master Builders of Iowa Plan Room on the 5th day of August, 2016. Whereas, said sealed proposals were opened and read on the 8th day of September, 2016 and it has been determined that Temper- ly Construction of East Dubuque, Illinois, with a bid in the amount of $ 58,062.50 is the low- est responsive, responsible bidder for the Pro- ject. 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 Temperly Con- struction and the City Manager is hereby di- rected to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 2. Timber Ridge Estates Preliminary Plat: Zoning Advisory Commission recommending approval of the preliminary plat for Timber Ridge Estates subject to waiving the street width. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Planning Services Book 146 Regular Session, September 19, 2016 376 Manager Laura Carstens provided a staff re- port and responded to questions from the City Council regarding Dubuque County street de- velopment standards versus City street devel- opment standards with respect to street width, private maintenance, parking and the potential for annexation. Motion carried 7-0. 3. Dubuque Industrial Center West Urban Renewal Ordinance: City Manager recom- mending Council approval of an ordinance amending the Tax Increment ordinance for the Dubuque Industrial Center Economic Devel- opment District that allow tax increment financ- ing to be used in the new Subareas H, I and J of the District. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 49-16 Amending Ordinance No. 55-15, Previously Amended, Providing that general property taxes levied and collected each year on all property located within the Amended and Restated Dubuque Industrial Center Economic Development Dis- trict Urban Renewal Area of the City of Dubu- que, County of Dubuque, State of Iowa by and for the benefit of the State of Iowa City of Dubuque, County of Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies ad- vanced to and indebtedness, including bonds issued or to be issued, incurred by said city in connection with the Amended and Restated Dubuque Industrial Center Economic Devel- opment District Urban Renewal Redevelop- ment Project. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 49-16 AMENDING ORDINANCE NO. 55-15, PRE- VIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROP- ERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DIS- TRICT URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBU- QUE, STATE OF IOWA BY AND FOR THE BENEFIT OF THE STATE OF IOWA CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DIS- TRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAY- MENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND IN- DEBTEDNESS, INCLUDING BONDS IS- SUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DUBUQUE IN- DUSTRIAL CENTER ECONOMIC DEVEL- OPMENT DISTRICT URBAN RENEWAL RE- DEVELOPMENT PROJECT Whereas, the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District Urban Renewal Project Area described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereafter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Reso- lution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Reso- lution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June 3, 2013, Resolution No. 197-15 on June 1, 2015 and Resolution No. 309-15 on September 8, 2015, and Resolution No. 332-16 on September 19, 2016; and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the divi- sion of taxes pursuant to Section 403.19 of the Code of Iowa within the Dubuque Industrial Center Economic Development District Urban Renewal Project Area in Ordinance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordi- nance No. 70-08 on October 20, 2008, by Or- dinance No. 10-14 on February 3. 2014, by Ordinance No. 39-15 on June 1, 2015 and by Ordinance No. 55-15 on September 8, 2015; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to fi- nance urban renewal project activities within the Amended and Restated Dubuque Industri- al Center Economic Development District, and the continuing needs of redevelopment within the Amended and Restated Dubuque Industri- al Center Economic Development District are such as to require the continued application of the incremental tax resources of the Amended and Restated Dubuque Industrial Center Eco- nomic Development District; and Whereas, the following enactment is nec- essary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Ordinance Number 55-15 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: Book 146 Regular Session, September 19, 2016 377 (a) Original Project Area shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Urban Renewal Area approved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original Project Area in- cludes the lots and parcels located within the area now legally described as follows: All of Dubuque Industrial Center Eighth Addition; and All of Lot 1 Dubuque Industrial Center 13th Addition; and Lot 2 Dubuque Industrial Center 13th Addition; and Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center Fifth Addition; and Lot 1 Dubuque Industrial Center 11th Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and Lot 1-3 Dubuque Industrial Center 12th Addition; and Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Ad- dition; and Lot 1 Dubuque Industrial Center 10th Addition; and Lot 2-3 Dubuque Industrial Center 12th Addition; and Lots 1 & 2 of final plat of lot 1 of Dubu- que Industrial Center First Addition; and Lot 1 Dubuque Industrial Center 12th Addition; and Lot 2 Dubuque Industrial Center Ninth Addition; and Lot 2 Dubuque Industrial Center 12th Addition; and Lot 2-2 Dubuque Industrial Center Sixth Addition; and Lot 3 Dubuque Industrial Center Ninth Addition; and Lot 1 Dubuque Industrial Center Sixth Addition; and Lot 2 of 2 Dubuque Industrial Center 7th Addition; and Lot 2-1 Walter Addition; and Lot 2-1 Walter Addition; and And all adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa. The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan here- inafter described. (b) Subarea B shall mean that portion of the City of Dubuque, Iowa described as Subarea B in the Amended and Restated Urban Renewal Plan for the Dubuque In- dustrial Center Economic Development District Urban Renewal Area approved by Resolution No. 478-97 on November 17, 1997, and subsequently amended by Res- olution No. 15-08 on January 7, 2008, which Subarea B includes the lots and par- cels located within the area legally de- scribed as follows: Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West as originally platted; and Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Addition as originally platted; and Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition as originally platted; and Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque In- dustrial Center West 5th Addition as originally platted; and Lots 1, 2, and A of Dubuque Indus- trial Center West 6th Addition as origi- nally platted; and Lots 1, 1 of 2, and 2 of 2 of Dubu- que Industrial Center West 7th Addition as originally platted; and Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of 1 of the Southeast Quarter of the South- west Quarter all in Section 30, Town- ship 89 North, Range 2 East, 5th Prin- cipal Meridian as originally platted; and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right-of-way lying in the SE 1/4 of Sec- tion 30, the SE 1/4 of the SW 1/4 of Section 30, the NW 1/4 of Section 31, and the NE 1/4 of Section 31 all in T89N, R2E, of the 5th P.M. Dubuque County, Iowa the centerline of which is more particularly described as follows: beginning at a point of intersection with the easterly line of the SE 1/4 of Sec- tion 30, T89N, R2E, of the 5th P.M., thence southwesterly along the center- line of said railroad 2,700 feet, more or less a point of intersection with the westerly line of the SE 1/4 of said Sec- tion 30; thence southwesterly continu- ing along said centerline 845 feet, more or less, to a point where the railroad right-of-way widens to 200 feet, said point being the terminus of this descrip- tion; and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right-of-way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter in Section 29, Book 146 Regular Session, September 19, 2016 378 Township 89 North, Range 2 East, 5th Principal Meridian; and any adjoining public street right-of- way all in the City of Dubuque, Dubu- que County, Iowa. (c) Subarea C shall mean that portion of the City of Dubuque, Iowa described as Subarea C in the Amended and Restated Urban Renewal Plan for the Dubuque In- dustrial Center Economic Development District Urban Renewal Area approved by Resolution No. 101-08 on March 17, 2008, which Subarea C includes the lots and parcels located within the area legally de- scribed as follows: Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and Lots 2, 3, C and A of Dubuque In- dustrial Center North First Addition, ex- cepting that Part of said Lot A originally platted as Lot 2 of the SW ¼ of the NW ¼ of Sec. 30, T89N, R2E of the 5th PM; and any adjoining public street right-of- way, all in the City of Dubuque, Dubu- que County, Iowa. (d) Subarea D shall mean that portion of the City of Dubuque, Iowa described as Subarea D in the Amended and Restated Urban Renewal Plan for the Dubuque In- dustrial Center Economic Development District Urban Renewal Area approved by Resolution No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels located within the area legally de- scribed as follows: Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque Industrial Center West 8th Addition in the City of Dubuque, Dubuque County, Iowa. (e) Subarea E shall mean that portion of the City of Dubuque, Iowa described as Subarea E in the Amended and Restated Urban Renewal Plan for the Dubuque In- dustrial Center Economic Development District Urban Renewal Area approved by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and par- cels located within the area legally de- scribed as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as origi- nally platted, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubuque Coun- ty, Iowa and; All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque In- dustrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addition in the City of Dubuque, Dubu- que County, Iowa including crossings at the intersections of Old Highway Road and Chicago Central & Pacific Railroad rights-of-way. (f) Subarea F shall mean that portion of the City of Dubuque, Iowa and Dubuque County described as Subarea F in the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Urban Re- newal Area approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and parcels located within the area legally described as follows: Lot one (1) of Graf Farm Subdivi- sion #2, Dubuque County, Iowa accord- ing to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One- quarter, Section 25, Township 89 North , Range 1 East of the 5th Principal Me- ridian, in Center Township , Dubuque County , Iowa; Lot 2 in “W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa according to the plat thereof; and The NW 1/4 of the SE 1/4 of Sec- tion 25, Township 89 North, Range 1 East of the 5th P.M., in Center Town- ship, Dubuque County, Iowa. (g) Subarea G shall mean that portion of the City of Dubuque, Iowa and Dubuque Coun- ty described as Subarea G in the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel- opment District Urban Renewal Area approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes the lots and parcels located within the area legally de- scribed as follows: The South one-half of the North- west Quarter of Section 29, Township 89 North, Range 2 East of the 5th Prin- cipal Meridian, in the City of Dubuque, Iowa. Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa. Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa. Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Book 146 Regular Session, September 19, 2016 379 Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Section 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. All in the City of Dubuque, Dubuque County, Iowa. (h) Subarea H shall mean that portion of the City of Dubuque, Iowa and Dubuque County described as Subarea H in the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Urban Re- newal Area approved by Resolution No. 332-16 on September 19, 2016, which Subarea H includes the lots and parcels located within the area legally described as follows: Lot 1 of the Northeast ¼ of the Northeast ¼, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast ¼ of the Northeast ¼, of Section 30, in Town- ship 89 North, Range 2 East of the 5th Principal Meridian, in the City of Dubu- que, Iowa. (i) Subarea I shall mean that portion of the City of Dubuque, Iowa and Dubuque County described as Subarea I in the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Urban Re- newal Area approved by Resolution No. 332-16 on September 19, 2016, which Subarea I includes the lots and parcels lo- cated within the area legally described as follows: Lot 2 Seippel Road Place #2, Dubuque County, Iowa. Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25, Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa (j) Subarea J shall mean that portion of the City of Dubuque, Iowa and Dubuque County described as Subarea J in the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Urban Re- newal Area approved by Resolution No. 332-16 on September 19, 2016, which Subarea J includes the lots and parcels lo- cated within the area legally described as follows: Lot 2 Julien Care Place, Dubuque County, Iowa. Lot 3 Julien Care Place, Dubuque County, Iowa Lot 2-1 Julien Care Place, Dubuque County, Iowa (k) Amended Project Area shall mean that portion of the City of Dubuque, Iowa and Dubuque County included within the Original Project Area, Subarea B, Subarea C, Subarea D, Subarea E, Subarea F, Subarea G, Subarea H, Subarea I, and Subarea J, each as described in this Sec- tion. (l) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal Plan adopted for the Amended Project Ar- ea by Resolution No. 332-16 on Septem- ber 19, 2016, and any subsequent amendments that may occur. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of Iowa City of Dubuque, County of Dubuque, Dubuque Community School Dis- trict, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance pro- vided. Section 3: As to the Original Project Area, that portion of the taxes which would be pro- duced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the cal- endar year preceding the effective date of Or- dinance No. 26-88, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property tax- es are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 1996, being the as- sessment roll applicable to property in such Subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 66-97. As to Subarea C, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2007, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2007, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08. Book 146 Regular Session, September 19, 2016 380 As to Subarea E, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2013, being the as- sessment roll applicable to property in such subarea as of January 1, of the calendar year preceding the effective date of Ordinance No. 10-14. As to Subarea F, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2014, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 39-15. As to Subarea G, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2014, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 55-15. As to Subarea H, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2015, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of this Ordinance. As to Subarea I, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2015, being the assessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of this Ordinance. As to Subarea J, base period taxes shall be computed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 2015, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of this Ordinance. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each sub-area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or other- wise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter-approved physical plant and equip- ment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Sec- tion 346.77 (22) related to joint county-city buildings, shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total as- sessed valuation of the taxable property in the subareas of the Amended Project Area ex- ceeds the total assessed value of the taxable property in said subareas shown by the as- sessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, mon- ies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all mon- ies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordi- nances in conflict with the provisions of this Ordinance are hereby repealed. The provi- sions of this Ordinance are intended and shall be construed so as to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa as authorized in Ordinance No. 55-15, and to fully implement the division of taxes in Subarea H, Subarea I, and Subarea J of the Amended Project Area. In the event that any provision of this Ordi- nance shall be determined to be contrary to law it shall not affect other provisions or appli- cation of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with refer- ence to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publica- tion as provided by law. Passed and approved this 19th day of Sep- tember, 2016. /s/Kevin J. Lynch, Mayor Pro-Tem Attest: /s/Kevin S. Firnstahl, City Clerk Read first time: September 19, 2016 Passed and approved: September 19, 2016 Published: September 23, 2016 Book 146 Regular Session, September 19, 2016 381 4. Property Acquisition - 6450 Pennsylva- nia Avenue: City Manager recommending ap- proval of the acquisition of 6450 Pennsylvania Avenue from Douglas M. and Dianne M. Fritsch and further recommends authorization of the acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the Offer. Motion by Connors to receive and file the documents and adopt Resolution No. 336-16 Approving the acquisi- tion of real estate owned by Douglas M. and Dianne M. Fritsch in the City of Dubuque. Se- conded by Jones. Responding to questions from the City Council, City Manager Van Milli- gen explained that the City was contacted about purchasing the property and acquire adjacent properties as they become available. City Engineer Gus Psihoyos explained how the Dubuque County valuation was used to arrive at a purchase price. Motion carried 7-0. RESOLUTION NO. 336-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DOUGLAS M. AND DIANNE M. FRITSCH, IN THE CITY OF DUBUQUE Whereas, the Dubuque Industrial Center Economic Development District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from im- provements made in the District in order to promote economic development activities; and Whereas, the City of Dubuque expanded the Dubuque Industrial Center Economic De- velopment District via Resolution 332-16; and Whereas, the proposed expansion and amendment of the Dubuque Industrial Center Economic Development District will result in acquisition of certain real estate, namely 6450 Pennsylvania Avenue, Dubuque, IA 52002; and Whereas, Douglas M. and Dianne M. Fritsch (the Owners) of this certain real estate have voluntarily agreed to sell to the City of Dubuque the certain real estate legally de- scribed as follows (the Property): Lot 1 of the Northeast ¼ of the North- east ¼, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northeast ¼ of the North- east ¼, of Section 30, in Township 89 North, Range 2 East of the 5th P.M. ac- cording to the recorded plats thereof (6450 Pennsylvania Avenue) Whereas, acquiring the Property will allow expansion of the Dubuque Industrial Center Economic Development District; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, the Owners have agreed to sell the Property for a total cost of $204,000.00; and Whereas, a purchase agreement and ac- knowledgment of voluntary negotiation have been finalized with the Owners of the real es- tate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property, subject to review of the updated abstract and title opinion by the City Attorney’s Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto subject to review of the updated ab- stract and title opinion by the City Attorney’s Office. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 19th day of September, 2016. Kevin J. Lynch, Mayor Pro-Tem Attest: Kevin S. Firnstahl, City Clerk 5. Fair Housing Testing Requests for Pro- posals: City Manager recommending approval of the selection of the Fair Housing Center of Nebraska and Iowa to provide both the origi- nally proposed testing as well as the testing based on disability, and allow the City Attor- ney's Office to negotiate the contract subject to City Manager approval. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Rios. Re- sponding to questions from the City Council, Assistant City Attorney Crenna Brumwell ad- dressed how the testing would be conducted and how the results would be utilized in the areas of enforcement, education, intervention and training of staff and landlords. Motion car- ried 7-0. 6. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour: City Manager recommending that the City Council schedule a work session for a walking tour of the Bee Branch Creek Restoration Project for Monday, October 24, 2016, at 5:00 p.m. Mo- tion by Connors to receive and file the docu- ments and set the work session as recom- mended. Council Member Jones stated that he is unavailable. Motion carried 7-0. Book 146 Regular Session, October 3, 2016 382 COUNCIL MEMBER REPORTS Council Member Jones reported on the NICC / Dubuque Sheriff Law Enforcement Simulator ribbon cutting at 4:30 p.m. on Octo- ber 10, 2016 at NICC’s downtown campus. Mayor Buol recognized and congratulated City Attorney Barry Lindahl for 41 years of service and 768 Council meetings as City At- torney as he transitions to part-time Senior Counsel beginning October 1, 2016. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:08 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Resnick. Mayor Pro-Tem Lynch stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Barry Lindahl, Assistant City Attorney Crenna Brum- well, Assistant City Attorney Maureen Quann, and Attorney Ivan Webber. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:05 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 8:06 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY 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 present- ed 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 Supervisors Associa- tion (ISRMSA) recognizing the City of Dubu- que 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 Bargas on behalf of Tri-State Blind Society and Dubuque Association for the Blind respective- ly, 3333 Asbury Road. 3. Gentleman Day (October 19, 2016) was accepted by: Nelly Hill of Waypoint Services 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 (Octo- ber 3-7, 2016) was accepted by Dick Bridges, Past Commander, American Legion Post 6, 1306 Delhi Street. Book 146 Regular Session, October 3, 2016 383 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 Committee Members Susan Henricks, David Schmitz, and Ric Jones. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Council Member Jones requested #5 be held for sepa- rate discussion. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings 9/19; Civil Service Com- mission of 8/9, 9/26; Sister City Relationships Advisory Commission of 9/14; Proofs of Publi- cation 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 re- ceived 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 ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance 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 transmitting information about Human Rights Director Kelly Larson and Circles Coach Ermina Soler re- ceiving recognition from Dubuque’s Interna- tional Day of Peace Committee. Upon motion the documents were received and filed. 5. Dubuque Fire Department - 2016 Mis- sion: 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 Depart- ment staff for their achievement. Motion car- ried 7-0. 6. Pool Assessment Study Consultant Se- lection: City Manager recommending approval of the selection of MSA Professional Services, Inc. to complete a facility assessment and re- port (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 Manager recommending acceptance of a Grant of Ingress and Egress Easement over property 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 Dubu- que, Iowa was adopted. 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 execut- ed 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 Dubu- que, 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 mainte- nance 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, accepts 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 Recorder 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 Book 146 Regular Session, October 3, 2016 384 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 Remakel 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 RE- MAKEL PLACE, IN THE CITY OF DUBU- QUE, IOWA Whereas, Half Moon, LLC has executed a Permanent Easement for Sanitary Sewer through, over and across Part of Lot 1 of 2 of Remakel Place in the City of Dubuque, Dubu- que 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 2 of Remakel Place in the City of Dubuque, Dubuque County, Iowa as shown on the Grant of Easement for Sani- tary Sewer Utility, from Half Moon, 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 author- ized to and directed to record this resolution and easement with the Dubuque County Re- corder. 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 Avenue: City Manager recommending acceptance of a Grant of Sanitary Sewer Easement from Dubuque Senior Housing IV, LLC, for a per- manent easement for sanitary sewer across part of 3225 Pennsylvania Avenue. Upon mo- tion 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 ES- TATE, 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 Dubu- que, 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 Ease- ment 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 author- ized to and directed to record this resolution and easement with the Dubuque County Re- corder. 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 Re- source for Regional Economic Prosperity Bro- chure: City Manager transmitting the Upper Mississippi River - A Vital Resource for Re- gional 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 approval of the Fourth Amendment to the Development 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 documents 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. Book 146 Regular Session, October 3, 2016 385 RESOLUTION NO. 341-16 APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BE- TWEEN 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 rehabilitation 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 Devel- opment 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 di- rected to sign the Fourth Amendment to De- velopment 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 Agree- ment: 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 Reso- lution No. 342-16 Approving Collateral As- signment of Development Agreement related to rehabilitation of 1501 Jackson Street was adopted. RESOLUTION NO. 342-16 APPROVING COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT RELAT- ED TO REHABILITATION OF 1501 JACK- SON 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 Build- ing; and Whereas, Owner has created a special purpose entity to facilitate the use of federal and state historic tax credits and other devel- opment programs in the rehabilitation project, 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 Agreement from Friends of St. Mary’s D/B/A Steeple Square to Betty Building, LLC and the Subre- cipient 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 Devel- opment 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, IO- WA AS FOLLOWS: Section 1. The Assignment of the Devel- opment Agreement attached hereto is hereby approved. Section 2. The Mayor is authorized and di- rected to sign the Assignment of the Subrecip- ient Agreement and Assignment of the Devel- opment 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 consultants to assist the City in obtaining favorable financ- ing for budgeted sanitary sewer and associat- ed 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 Fis- cal 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. Book 146 Regular Session, October 3, 2016 386 15. "First Job" Recruiting and Hiring Com- pact: City Manager recommending approval for the City of Dubuque becoming a participant in the “First Job” Recruiting and Hiring Com- pact as part of the My Brother’s Keeper initia- tive by signing on to the “First Job” Recruiting and Hiring Compact. Upon motion the docu- ments 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 President and CEO Jesús Avilés to refinance the loan obliga- tions coming due December 1, 2016. Upon motion the documents were received, filed and approved. 17. Alcohol Compliance Civil Penalty for Alcohol License Holder – Easy Street: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for Easy Street, 30 Main Street. Upon motion the documents were received, filed and approved. 18. Alcohol Compliance Civil Penalty for Alcohol License Holder – Holiday Inn Dubuque Five Flags: City Manager recommending ap- proval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Holiday Inn Dubuque Five Flags, 450 Main Street. Upon motion the documents were re- ceived, 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 per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, 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 RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized 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, 1355 Associ- ates Dr., Class C Liquor (Catering) (Out- door) (Sunday) Dog House Lounge, 1646 Asbury Rd., Class C Liquor (Outdoor) (Sunday) Europa Haus Restaurant and Bierstube, 1301 Rhomberg Ave., Class C Liquor (Catering) The Grand Tap, 802 Central Ave., Class C Liquor (Sunday) Huhot Mongolian Grill, 555 J.F. Kennedy Rd. #685, Special Class C Liquor (Sunday) Hy-Vee Gas #2 Dubuque, 2435 NW Arterial, Class C Beer, Class B Native Wine (Sun- day) L. May, 1072 Main St., Class C Liquor, Class B Wine (Catering) (Outdoor) (Sunday) Loras College – Athletic and Wellness Center, 1450 Alta Vista St., Class C Liquor (Cater- ing) (Outdoor) (Sunday) Passed, approved and adopted this 3rd day of October 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS 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 Representa- tive). 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. Burley 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 Book 146 Regular Session, October 3, 2016 387 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 ES- TATE BY PARTIAL RELEASE OF CERTAIN MORTGAGES GRANTED BY OPENING DOORS TO THE CITY OF DUBUQUE, IOWA Whereas, Opening Doors, an Iowa non- profit 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 mort- gages 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 Mort- gages be released as to Lots 1 and 3; and Whereas, on September 19, 2016, the City Council pursuant to notice published as re- quired 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 Release of Mortgages. Passed, approved and adopted this 3rd day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Brenda Wickham, 1779 Chaney Road, ad- dressed the City Council regarding her desire to allow dogs in Flora Park. ACTION ITEMS 1. Dubuque Regional Airport Parking Lot Repair Project 2016 Award: City Manager rec- ommending 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 re- ceive and file the documents and adopt Reso- lution No. 345-16 Awarding the public im- provement contract for the Dubuque Airport Parking Lot Repair Project 2016. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 345-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT 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 Pro- ject) 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: That a Public Improvement Contract for the Project is hereby awarded to Tom Kueter Con- struction Co., Inc. and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubu- que 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 Man- ager recommending award of the construction contract for the NW Arterial / Chavenelle Road Turn Lane Improvement Project to the low bidder Eastern Iowa Excavating & 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 Arterial / Chavenelle Intersec- tion Left Turn Lane Improvement Project (Iowa DOT Project No. UST-032-1(49)--4A-31). Se- conded by Rios. Responding to questions from the City Council, City Engineer Gus Psihoyos Book 146 Regular Session, October 3, 2016 388 stated that he will inquire about the impact on the left turn lane from eastbound Hwy 20 onto northbound NW Arterial during the detour peri- od. Motion carried 7-0. RESOLUTION NO. 346-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE NORTHWEST ARTERIAL / CHAVENELLE INTERSECTION LEFT TURN LANE IMPROVEMENTS PROJECT; 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 newspa- per 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 Septem- ber, 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 responsive, respon- sible bidder for the Project; and Whereas, the Iowa Department of Trans- portation will cover 55% of eligible construction costs using U-STEP funding, up to a maximum of $200,000, and the City would be responsi- ble for 45% as local match in addition to engi- neering 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 Iowa Excavating & Concrete, LLC and the City Manager is hereby directed to execute a Pub- lic 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 3. Park and Recreation Advisory Commis- sion - Request to Change Washington Park Landscape Mode for Pest Management: Park and Recreation Advisory Commission recom- mending changing Washington Park from a "Mode 1" to a "Mode 2" Landscape in the Inte- grated Pest Management Program (IPM). Mo- tion by Connors to receive and file the docu- ments and approve the recommendation. Se- conded 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 impact 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 chemically maintained, increased public signage and education; and receipt of public comment. 4. Park and Recreation Advisory Commis- sion - Fiscal Year 2018 Budget Priority List: Park and Recreation Advisory Commission submitting its Fiscal Year 2018 Budget Priori- ties 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 Com- mission 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 Connors 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 Commis- sion members Sue Reidel and David Schmitz provided a slide presentation about the pur- pose, planning and process in developing the Arts and Culture Master Plan including: de- fined 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 concerns over adding addi- tional bureaucracy and staff, commission term limits, and changing the current successful process. City Manager Van Milligen stated that the recommendations come from the Commis- sion 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 - Compre- hensive 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 Compre- hensive Plan. Motion by Jones to receive and file the documents and schedule the work ses- sion as recommended. Seconded by Connors. Motion carried 7-0. 7. Request for Work Session - Source of Income Report: City Manager recommending 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. Book 146 Regular Session, October 3, 2016 389 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 ses- sion at 7:59 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 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 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 mo- tion the City Council adjourned at 8:52 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Session, October 10, 2016 390 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on October 10, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Brumwell Absent: Council Member Jones Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the USDA Natural Resources Conservation Service Conservation Innovation Grant and a close session regarding real estate transfer negotiations. WORK SESSION USDA Natural Resources Conservation Service - Conservation Innovation Grant: Water Plant Manager/Engineer Denise Ihrig introduced the work session on the Conserva- tion Innovation Grant through the U.S. De- partment of Agriculture Natural Resources Conservation Service. Presenters included Dustin Miller of Nyemaster/Goode PC/Iowa League of Cities; Mark Keiser of Kieser & As- sociates, Adam Schneiders of IDNR; and Larry Weber of University of Iowa/IIHR Hydrosci- ence & Engineering. Topics included: • Iowa Nutrient Reduction Strategy Overview o Purpose of competitive grants and Environmental Quality Incentives Program (EQIP) o Integrated Strategy: non-point source; point source o Reduction goal o Estimated costs o Steering committee: water quality credit trading • Iowa League of Cities o Environmental coordination commit- tee o SRF-sponsored projects o 2014 & 2015 Conservation Innova- tion Grants  Market framework for agricultur- al water quality credit trading in Iowa  Award amount; match, initial partners  Technical Advisory Committee (municipal, agricultural, envi- ronmental, industry, academic, government  Goals and Deliverables • Nutrient Reduction Exchange (NRE) Trading framework • Next steps: demand & supply analysis, examine proposed watershed projects, registered reduction credits • IIHR Nutrient Trading Update: • Develop the scientific framework for a nutrient trading system in Iowa with specific objectives • Gulf Hypoxia: research, task force goals (load/area) • Iowa Nutrient Reduction Strategy (INRS) o Identify specific nutrient reduction goals o Offer nutrient trading as a water quality restoration technique o Physically based modeling frame- work • Catfish Creek watershed & hydrologic model development, simulation and water quality; wetland evaluation and nitrogen evaluation removal process • Other conservation best practices The presenters responded to questions from the City Council related to federal in- volvement and mitigation; increasingly strin- gent state and federal mandates; cur- rent/future project credits; practical applica- tions and actual percentages of nutrient reduc- tions; seasonal testing and property owner engagement. The work session concluded. Motion by Connors to convene in closed session at 7:18 p.m. to discuss real estate transfer negotiations pursuant to Chapter 21.5(1)(j) Code of Iowa. Seconded by Del To- ro. Mayor Buol stated for the record that the attorney who will consult with City Council on the issue to be discussed in the closed session is City Attorney Crenna Brumwell. Motion car- ried 6-0. Upon motion, the City Council reconvened in open session at 8:19 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 8:20 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session, October 17, 2016 391 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL 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 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 INTRODUCTION(S) International City/County Management As- sociation Fellowship Exchange Program: As- sistant City Manager Cindy Steinhauser intro- duced ICMA Fellows Mr. Siegfred Flaviano of the Philippines, and Mr. Kongkeo Sivilay of Laos. Each Fellow addressed the City Council and provided a brief biography. PROCLAMATION(S) 1. Andrew Connolly Make-a-Difference Day (October 22, 2016) was accepted by Laura Roussell, Sr. Community Affairs Man- ager for Black Hills Energy and representa- tives. 2. Toastmasters Week (October 24-28, 2016) was accepted by Keith Nielsen of Toastmasters International and representa- tives. 3. Community Planning Month (October 2016) was accepted by Planning Services Manager Laura Carstens. 4. MS Run the US #orangearmy Day (No- vember 1, 2016) was accepted by Curt Eh- linger of MS Run the US. 5. Adoption Month (November 2016) was accepted by Christa Hefel, MPH, Post Adop- tion Support Specialist, Four Oaks/Iowa Kidsnet. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 10/3, 10/10; Communi- ty 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 Proceed- ings of 9/19. Upon motion the documents were received and filed. 2. Iowa League of Cities' Conservation In- novation Grant: City Manager transmitting cor- respondence 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. Upon motion the documents were received and filed. 3. Delinquent Bush, Brush and Vegetation Collection Accounts: City Manager recom- mending approval of the Final Assessment Schedule for bushes / brush / and vegetation enforcement against the owner of private property at 1395 Walnut Street. Upon motion the documents were received and filed and Resolution No. 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 was adopted. RESOLUTION NO. 347-16 ADOPTING THE SCHEDULE OF ASSESS- MENTS FOR 1395 WALNUT STREET AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUB- LISH NOTICE THEREOF NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Sched- ule of Assessments attached hereto for bush- es / brush / vegetation removal tax assess- ments which Schedule of Assessments was filed in the office of the City Clerk on the 29th day of September, 2016, the said Schedule of Assessments be and the same is hereby ap- proved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sum indicated. That the City Clerk be and is hereby di- rected to certify said schedule to the County Treasurer of Dubuque County, Iowa and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publi- cation of which shall not be more than fifteen days from the date of filing of the final sched- Book 146 Regular Session, October 17, 2016 392 ule. On or before the date of the second publi- cation of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessment may be paid in full or in part without interest at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, adopted and approved this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk SCHEDULE OF ASSESSMENTS FOR BUSHES / BRUSH / VEGETATION EN- FORCEMENT PROGRAM Owner; Property Address; Parcel; Legal Description; Contractor; Date Cut/Cleaned up by Contractor; Expense; Administrative Fee Dubuque Property Management, LLC; 8505 Southern Hills Ct.; Dubuque, IA 52003; 1395 Walnut Street; 1024354005; E 75’ of Lot 3 of City Lot 740; Block Lawn Service; 8-29- 16; $350.00; $25.00 4. Bee Branch Watershed Flood Mitigation Project US EPA Brownfields Cleanup Cooper- ative Grant Agreement: City Manager recom- mending approval of the Cooperative Agree- ment with the U.S. Environmental Protection Agency in order to secure Brownfields Clean- up grant funds for the Blum Brownfields Site at 501 E. 15th Street. Upon motion the docu- ments were received and filed and Resolution No. 348-16 Approving the Brownfields Clean- up Grant Agreement between the U.S. Envi- ronmental 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 was adopted. RESOLUTION NO. 348-16 APPROVING THE BROWNFIELDS CLEAN- UP COOPERATIVE 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 WATER- SHED FLOOD MITIGATION PROJECT Whereas, the City purchased the Blum Brownfields site, a former scrap yard and re- cycling facility located at 501 E. 15th Street as part of the Bee Branch Watershed Flood Miti- gation Project; and Whereas, Phase I and Phase II Environ- mental Assessments of the Blum Brownfields site identified lead, arsenic, PAHs, and other contaminants in the soil and determined that the removal of the contaminants, estimated to cost $277,000, is required to fully utilize the site for its intended purpose; and Whereas, cleaning up and reinvesting in brownfields, properties that may have hazard- ous substances, pollutants or contaminants present, protects human health and the envi- ronment, reduces blight, and takes develop- ment pressures off greenspaces and working lands; and Whereas, the U. S. Environmental Protec- tion Agency provides grants and technical as- sistance to communities, states, tribes and others to assess, safely clean up and sustain- ably reuse brownfields properties; and Whereas, the City of Dubuque submitted an application to the U. S. Environmental Pro- tection Agency requesting $200,000 in Brown- fields Cleanup Grant Program assistance to help finance the cleanup of the Blum Brown- fields site; and Whereas, on September 20, 2016, the U. S. Environmental Protection Agency awarded $200,000 to assist the City with the cleanup of the Blum Brownfields site; and Whereas, the City Council has determined that execution of the Cooperative Agreement is in the best interests of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Cooperative Agreement with the U. S. Environmental Protection Agen- cy is hereby approved. Section 2. The City Manager is hereby au- thorized to execute any documents as are necessary to bind the City and to deliver the Cooperative Agreement and any other such documents as the U. S. Environmental Protec- tion Agency may reasonably request and as necessary for the City’s receipt of Brownfields Cleanup grant funding for the Blum Brown- fields site at 501 E. 15th Street. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. SW Arterial / Military Road Supple- mental Agreement No. 1: City Manager rec- ommending the City Council authorize the City Manager to execute a supplemental agree- ment between the City, the Iowa Department of Transportation, and IIW, P.C., to provide Book 146 Regular Session, October 17, 2016 393 construction engineering services for the Southwest Arterial – Military Road Reconstruc- tion Project. Upon motion the documents were received and filed and Resolution No. 349-16 Approving the Construction Engineering Ser- vices Supplemental Agreement No. 1 between the City of Dubuque, the Iowa Department of Transportation, and IIW, P.C. for the Military Road Reconstruction Project was adopted. RESOLUTION NO. 349-16 APPROVING THE CONSTRUCTION ENGI- NEERING 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 Whereas, the City of Dubuque is proceed- ing with the Southwest Arterial Project, from U.S. Highway 20 to U.S. Highway 61/151, in Dubuque, Iowa; and Whereas, the Supplemental Agreement authorizes IIW, P.C. to provide all phases of Construction Engineering (CE) Services for the Southwest Arterial - Military Road Reconstruc- tion Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Supplemental Agree- ment No. 1 between City of Dubuque, the Iowa Department of Transportation, and with IIW, P.C. to provide construction engineering ser- vices for the Southwest Arterial - Military Road Reconstruction Project is hereby approved. Section 2. That the City Manager is hereby authorized and directed to execute two copies of said Supplemental Agreement No. 1 be- tween City of Dubuque, the Iowa Department of Transportation, and with IIW, P.C. to provide construction engineering services for the Southwest Arterial - Military Road Reconstruc- tion Project. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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. Upon motion the documents were received and filed and Reso- lution No. 350-16 Accepting the Grand River Center Air Wall Re-Upholstery Project and authorizing the payment of the contact amount to the contractor was adopted. RESOLUTION NO. 350-16 ACCEPTING THE GRAND RIVER CENTER AIR WALL RE-UPHOLSTERY PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Grand River Center Air Wall Re- Upholstery Project (the Project) has been completed by the Contractor, Folding Partition Services (Contractor), the Leisure Services Manager has examined the work and recom- mends that the Project be accepted; and Whereas, the final contract amount for the Project is $74,954 (Ballroom $40,781; Meeting Room $34,173); and Whereas, the Contractor has previously been paid $71,206.30, leaving a balance of $3,747.70 (Ballroom $2,039.05; Meeting Room $1,708.65); and Whereas, the City Council finds that the recommendation of the Leisure Services Man- ager should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the Lei- sure Services Manager is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $3,747.70 as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chap- ter 26.13. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CERTIFICATE OF FINAL COMPLETION OF THE GRAND RIVER CENTER AIR WALL RE-UPHOLSTERY PROJECT The undersigned Leisure Services Manag- er of the City of Dubuque, Iowa hereby certi- fies that she has inspected the Grand River Center Air Wall Re-Upholstery Project, and that said Project has been performed in com- pliance with the terms of Public Improvement Contract, and that the total cost of the com- pleted work is $74,954. Dated this 13th day of October, 2016. /s/Marie L. Ware, Leisure Services Manager Filed in the office of the City Clerk on the 13th day of October, 2016. /s/Kevin S. Firnstahl, City Clerk 7. Grand River Center Concourse & River Room Carpet Replacement Project Ac- ceptance: City Manager recommending ac- ceptance of the Grand River Center Con- course and River Room Carpet Replacement Book 146 Regular Session, October 17, 2016 394 Project as completed by Commercial Flooring and authorizing final payment. Upon motion the documents were received and filed and Resolution No. 351-16 Accepting the Grand River Center Concourse and River Room Car- pet Replacement Project and authorizing the payment of the contract amount to the contrac- tor was adopted. RESOLUTION NO. 351-16 ACCEPTING THE GRAND RIVER CENTER CONCOURSE AND RIVER ROOM CARPET REPLACEMENT PROJECT AND AUTHOR- IZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Grand River Center Concourse and River Room Carpet Replacement Project (the Project) has been completed by the Contrac- tor, Commercial Flooring (Contractor), the Lei- sure Services Manager has examined the work and recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $107,980; and Whereas, the Contractor has previously been paid $102,581, leaving a balance of $5,399; and Whereas, the City Council finds that the recommendation of the Leisure Services Man- ager should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the Lei- sure Services Manager is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $5,399.00 as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chap- ter 26.13. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CERTIFICATE OF FINAL COMPLETION OF THE GRAND RIVER CENTER CONCOURSE AND RIVER ROOM CARPET REPLACE- MENT PROJECT The undersigned Leisure Services Manag- er of the City of Dubuque, Iowa hereby certi- fies that she has inspected the Grand River Center Concourse and River Room Carpet Replacement Project, and that said Project has been performed in compliance with the terms of Public Improvement Contract, and that the total cost of the completed work is $107,980. Dated this 13th day of October, 2016. /s/Marie L. Ware, Leisure Services Manager Filed in the office of the City Clerk on the 13th day of October, 2016. /s/Kevin S. Firnstahl, City Clerk 8. Grand River Center Ballroom Carpet Replacement Project Acceptance: City Man- ager is recommending acceptance of the Grand River Center Ballroom Carpet Re- placement Project as completed by Commer- cial Flooring and authorizing final payment. Upon motion the documents were received and filed and Resolution No. 352-16 Accepting the Grand River Center Ballroom Carpet Re- placement Project and authorizing the pay- ment of the contract amount to the contractor was adopted. RESOLUTION 352-16 ACCEPTING THE GRAND RIVER CENTER BALLROOM CARPET REPLACEMENT PROJECT AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Grand River Center Ballroom Carpet Replacement Project (the Project) has been completed by the Contractor, Commercial Flooring (Contractor), the Leisure Services Manager has examined the work and recom- mends that the Project be accepted; and Whereas, the final contract amount for the Project is $86,750; and Whereas, the Contractor has previously been paid $82,412.50, leaving a balance of $4,337.50; and Whereas, the City Council finds that the recommendation of the Leisure Services Man- ager should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the Lei- sure Services Manager is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $4,337.50 as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chap- ter 26.13. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CERTIFICATE OF FINAL COMPLETION OF THE GRAND RIVER CENTER BALLROOM CARPET REPLACEMENT PROJECT The undersigned Leisure Services Manag- er of the City of Dubuque, Iowa hereby certi- fies that she has inspected the Grand River Book 146 Regular Session, October 17, 2016 395 Center Ballroom Carpet Replacement Project, and that said Project has been performed in compliance with the terms of Public Improve- ment Contract, and that the total cost of the completed work is $86,750. Dated this 13th day of October, 2016. /s/Marie L. Ware, Leisure Services Manager Filed in the office of the City Clerk on the 13th day October, 2016. /s/Kevin S. Firnstahl, City Clerk 9. Dubuque Regional Airport Utilities Ex- tension Project Acceptance: City Manager recommending acceptance of the construction contract for the Utility Extension to the Dubu- que Regional Airport, as completed by Miller Trucking and Excavating and authorizing final payment. Upon motion the documents were received and filed and Resolution No. 353-16 Accepting the Utility Extension to the Dubuque Regional Airport Project and authorizing the payment of the contract amount to the contrac- tor was adopted. RESOLUTION NO. 353-16 ACCEPTING THE UTILITY EXTENSION TO THE DUBUQUE REGIONAL AIRPORT PRO- JECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Utility Extension to the Dubuque Re- gional Airport project (the Project) has been completed and the City Engineer has exam- ined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $9,810,500.97; and Whereas, the Contractor has previously been paid $9,662,666.00, leaving a balance of $147,834.97; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Utili- ty Extension to the Dubuque Regional Airport project fund for the contract amount of $147,834.97 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE UTILITY EXTENSION TO THE DUBUQUE REGIONAL AIRPORT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Utility Extension to the Dubuque Regional Airport Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $10,805,877.20. Dated this 13th day of October, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 13th day of October, 2016. /s/Kevin S. Firnstahl, City Clerk 10. Heeb Street Retaining Wall Recon- struction Project Acceptance: City Manager recommending acceptance of the public im- provement construction contract for the Heeb Street Retaining Wall Reconstruction Project, as completed by McDermott Excavating and authorizing final payment. Upon motion the documents were received and filed and Reso- lution No. 354-16 Accepting the Heeb Street Retaining Wall Reconstruction Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 354-16 ACCEPTING THE HEEB STREET RETAIN- ING WALL RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Heeb Street Retaining Wall Recon- struction (the Project) has been completed by the Contractor, McDermott Excavating (Con- tractor), the City Engineer has examined the work and recommends that the Project be ac- cepted; and Whereas, the final contract amount for the Project is $160,442.34; and Whereas, the Contractor has previously been paid $152,420.22, leaving a balance of $8,022.12; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Book 146 Regular Session, October 17, 2016 396 Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $8,022.12 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE HEEB STREET RE- TAINING WALL RECONSTRUCTION PRO- JECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Heeb Street Retaining Wall Re- construction Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $184,508.69. Dated this 13th day of October, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 13th day of October, 2016. /s/Kevin S. Firnstahl, City Clerk 11. 2016 Asphalt Overlay Access Ramp Project One Acceptance: City Manager rec- ommending acceptance of the construction contract for the 2016 Asphalt Overlay Access Ramp Project One as completed by Arensdorf Construction and authorizing final payment. Upon motion the documents were received and filed and Resolution No. 355-16 Accepting the 2016 Asphalt Overlay Project Curb Access Ramps Project One and authorizing the pay- ment of the contract amount to the contractor was adopted. RESOLUTION NO. 355-16 ACCEPTING THE 2016 ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PRO- JECT ONE AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2016 Asphalt Overlay Project Curb Ac- cess Ramps Project One (the Project) has been completed and the City Engineer has examined the work and filed a certificate stat- ing that the Project has been completed ac- cording to the terms of the Public Improvement Contract and that the City Engineer recom- mends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Curb Ramp Program appropriations for the contract amount of $113,189.00, less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 17th day of October 2016. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2016 ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PROJECT ONE The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the 2016 Asphalt Overlay Project Curb Access Ramps Project One, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $121,926.04. Dated this 13th day of October 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 13th day of October, 2016. /s/Kevin S. Firnstahl, City Clerk 12. Public Works Equipment Operator I Position: City Manager recommending ap- proval for the position of Maintenanceworker to be replaced with an Equipment Operator I po- sition in the Public Works Department. Upon motion the documents were received, filed and approved. 13. Parking Ramp Gate Equipment Pro- curement: City Manager recommending ap- proval of the selection of Parking Inc. Systems to replace the gate control equipment for the Iowa Parking Ramp and the Five Flags Park- ing Ramp. Upon motion the documents were received, filed and approved. 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 dedi- cation of said lot for right-of-way purposes related to expansion of Valentine Park. Upon motion the documents were received and filed and Resolution No. 356-16 Approving the Ac- quisition Plat of Lot 5A of Block 7 except the westerly 75' thereof, of Pioneer Hills, in the City of Dubuque, Iowa was adopted. Book 146 Regular Session, October 17, 2016 397 RESOLUTION NO. 356-16 APPROVING THE ACQUISITION PLAT OF LOT 5A OF BLOCK 7, EXCEPT THE WEST- ERLY 75’ THEREOF, OF PIONEER HILLS, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa an Acquisition Plat dated October 6, 2016 pre- pared by the City of Dubuque Engineering Department describing Lot 5A of Block 7, Ex- cepting the Westerly 75’ Thereof, of Pioneer Hills, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 5A, which Dorothy S. Roepsch and George E. Roepsch, by said plat have dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated October 6, 2016 prepared by the City of Dubuque Engi- neering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot 5A of Block 7, Except for the Westerly 75’ Thereof, of Pioneer Hills, in the City of Dubuque, for right-of-way purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. Dubuque Community School District - School Resource Officer (SRO) Agreement: City Manager recommending approval of the Fiscal Year 2016-2017 School Resource Of- ficer Agreement between the City of Dubuque Police Department and the Dubuque Commu- nity School District. Upon motion the docu- ments were received, filed and approved. 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 Dubu- que Community School District. Upon motion the documents were received, filed and ap- proved. 17. Holy Family School District 2016-2017 DARE Agreement: City Manager recommend- ing approval of the Fiscal Year 2016-2017 DARE Agreement between the City of Dubu- que Police Department and the Holy Family School District. Upon motion the documents were received, filed and approved. 18. Pre-Annexation Agreement - Jon D. Luckstead: City Manager recommending ap- proval of a Pre-Annexation Agreement with Jon D. Luckstead for property in Tamarack South Subdivision. Upon motion the docu- ments were received and filed and Resolution No. 357-16 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Jon D. Luckstead was adopted. RESOLUTION NO. 357-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JON D. LUCK- STEAD Whereas, Jon D. Luckstead , the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: PIN: 1514300001, Legal: NW SW of Sec- tion 14, T88N R2E PIN 1514300002, Legal: NE SW of Section 14, T88N, R2E PIN 1514426001, Legal: Lot 1 of 2 of the SE ¼ of Section 14, T88N, R2E of the 5th P.M. according to the U.S. Govern- ment Survey and the recorded plats thereof, subject to highway PIN 1514451006, Legal: Lot 3, Tamarack SE 4th Sub, Section 14, Table Mound Township (T88N R2E), Dubuque Coun- ty, IA PIN 1514451005, Legal: Lot 2 of Tamarack SE Fourth Subdivision, Section 14, Ta- ble Mound Township, in Dubuque County, Iowa according to the recorded Plat thereof PIN 1514376002, Legal: Lot 4 of Tamarack SE Third Sub PIN 1514453001, Legal Lot 2 Tamarack SE Third Subdivision, located in the South ½ of Section 14, T-88-N, R-2-E PIN 1514300005, Legal: Lot 2 SE SW of Section 14 T88N R2E PIN 1514451007, Legal: Lot 4 of Tamarack SE Fourth Sub PIN 1514376001, Legal: Lot 5 Tamarack SE Third Sub PIN 1514452001, Legal: Lot 3 of Tamarack SE Third Sub PIN 1514401004, Legal: Lot C Tamarack SE Fourth Sub Book 146 Regular Session, October 17, 2016 398 Whereas, Jon D. Luckstead has entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Proper- ty; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Jon D. Luckstead and the City of Dubuque is hereby approved. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Fire Station Alerting System: City Man- ager recommending the selection of Racom/U.S. Digital Designs for replacement of the Fire Station Alerting System. Upon motion the documents were received, filed and ap- proved. 20. Craig Pfohl Settlement Agreement: City Attorney recommending approval of a Settle- ment Agreement in the case of Craig Pfohl v. Officer Wilkens Dieujuste and City of Dubu- que. Upon motion the documents were re- ceived, filed and approved. 21. 28E Agreement - Key West Fire De- partment: City Manager recommending ap- proval 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. Upon motion the documents were received, filed and approved. 22. Anderson Corporate Foundation Grant Application for Bus Stop Accessibility in Dubu- que's North End and Point Neighborhoods: City Manager recommending approval for Jule Transit to submit an application to the Ander- sen Corporate Foundation to increase lighting, seating and accessibility, while achieving compliance with the Americans with Disabili- ties Act, for bus stops in the North End and Point neighborhoods. Upon motion the docu- ments were received, filed and approved. 23. Improvement Contracts / Performance, Payment and Maintenance Bonds: Tom Kueter Construction Co., Inc. for the Dubuque Airport Parking Lot Repair Project 2016. Upon motion the documents were received, filed and ap- proved. 24. 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. 358-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 358-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Big 10 Mart Car Wash, 1875 JF Kennedy Rd., Class C Beer, Class B Native Wine (Sun- day) Happy Joe's, 855 Century Dr., Class B Beer (Sunday) Jumpers Sports Bar & Grill, 2600 Dodge St., Class C Liquor (Outdoor) (Sunday) Kwik Stop, 1200 Cedar Cross Rd., Class E Liquor, Class B Wine, Class C Beer (Sun- day) Book 146 Regular Session, October 17, 2016 399 Kwik Stop #848, 3201 Central Ave., Class E Liquor, Class B Wine, Class C Beer (Sun- day) Kwik Stop #858, 3340 JF Kennedy Rd., Class E Liquor, Class B Wine, Class C Beer (Sunday) Rainbow Lounge, 36 W. 4th St., Class C Liquor (Sunday) The Bait Shack, 2095 Kerper Blvd., Class B Beer (Sunday) Passed, approved and adopted this 17th day of October 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. English Ridge Housing Urban Renewal Area Amendment: City Manager recommend- ing 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. Upon motion the documents were received and filed and Resolution No. 359-16 Resolu- tion 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 was adopted set- ting a public hearing for a meeting to com- mence at 6:00 p.m. on November 21, 2016. RESOLUTION NO. 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 INTER- EST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA AND SETTING A DATE FOR HEARING ON A PROPOSED AMEND- ED AND RESTATED URBAN RENEWAL PLAN FOR SAID AREA Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 380- 15, adopted November 2, 2015 as amended by Resolution 396-15, adopted November 16, 2015, approved the Urban Renewal Plan (the “Urban Renewal Plan”) for the English Ridge Housing Urban Renewal Area (the “Area”) in order to stimulate, through public involvement and commitment, private investment in new housing and residential development as de- fined by Iowa Code 403.17(12), as described in the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be amended to add additional adjacent areas and current project details, including the acquisition and construc- tion of expanded water infrastructure to better serve the area; and Whereas, the City Council has determined that the area described in Attachments A and B to this Resolution meets the definitions of an economic development area as defined in Chapter 403 “Urban Renewal” of the Iowa Code, and staff has advised that all required consents from Dubuque County and the own- ers of any agricultural land have been ob- tained; and Whereas, a significant need for housing units exists in the community and local re- sources are needed to advance the develop- ment; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, a City Council must adopt a resolu- tion of necessity finding that the area in ques- tion is a slum, blighted or economic develop- ment area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the munic- ipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the area generally de- scribed in Attachment A to this Resolution is an economic development area as defined by Chapter 403 of the Iowa Code and is appropri- ate for an urban renewal project and public improvements related to housing and residen- tial development. Section 2. That the further development of the amended English Ridge Housing Urban Renewal Area is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the development of this ar- ea will provide new opportunities for quality housing and job creation in the community. Section 4. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan for the English Ridge Housing Urban Renewal Area, to for- ward said Plan to the City's Long Range Plan- ning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Amended and Restated Urban Re- Book 146 Regular Session, October 17, 2016 400 newal Plan for the English Ridge Housing Ur- ban Renewal Area to be held on the 21st day of November, 2016, at 6:00 p.m. in the Historic Federal Building in Dubuque, Iowa 350 W. 6th Street, Dubuque, Iowa and that said notice shall generally identify the area covered by the Plan and the general scope of the Urban Re- newal Plan activities planned for such area. Section 6. That the City Clerk is further di- rected to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubu- que Community School District, and the Coun- ty Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Greater Downtown Urban Renewal Dis- trict 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 No- vember 21, 2016. Upon motion the documents were received and filed and Resolution No. 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 was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on November 21, 2016. RESOLUTION NO. 360-16 RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS TO BE INCLUDED WITHIN THE GREATER DOWNTOWN UR- BAN RENEWAL DISTRICT MEET THE DEF- INITION OF A BLIGHTED AREA OR AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREAS IS NEC- ESSARY IN THE INTEREST OF THE RESI- DENTS OF THE CITY OF DUBUQUE, IOWA AND SETTING DATES OF HEARING AND CONSULTATION ON A PROPOSED AMENDMENT TO THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (the “District”) in order to provide rede- velopment opportunities which will further the purposes and objectives of the foregoing Ur- ban Renewal Plan; and Whereas, City staff has recommended that the District be amended to add adjacent areas which meet the definition of a blighted area or an economic development area, as found in Chapter 403 of the Iowa Code, and that the Amended and Restated Urban Renewal Plan for the District be amended to include such areas and to update urban renewal project descriptions and make any other necessary revisions; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic de- velopment area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed North End Subarea (which includes the former Dubuque Brewing & Malting Urban Renewal District) and West Locust Corridor Sub-area, each as generally described in Exhibit “A” and Exhibit “B” to this Resolution and to be included in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, are blighted areas as defined by Chapter 403 of the Iowa Code and are appro- priate for an urban renewal project. Section 2. That the proposed University Avenue Corridor Subarea generally described in Exhibit “A” and Exhibit “B” to this Resolution and to be included in the Amended and Re- stated Urban Renewal Plan for the Greater Downtown Urban Renewal District, is an eco- nomic development area as defined by Chap- ter 403 of the Iowa Code and are appropriate for an urban renewal project. Section 3. That the development of the above-described Sub-areas is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community ob- jectives. Section 4. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to accom- plish the foregoing purposes and objectives, to include in such Plan any appropriate project activities and details, to determine an appro- priate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed amendment, Book 146 Regular Session, October 17, 2016 401 and submit the Amended and Restated Urban Renewal Plan to the Planning Commission for review and recommendation as to its conformi- ty with the general plan for the development of the community as a whole. Section 5. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District on November 21, 2016 at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas covered by the Amended and Restated Urban Renewal Plan and the general scope of the urban renewal activities planned for such are- as, and said notice shall be published and available to the public not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 6. That the City Clerk is further di- rected to send by ordinary mail a copy of said Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to the extent the amendment includes the use of tax incre- ment revenues for a public building, an analy- sis of alternative development and funding options for such public buildings, to the Dubu- que Community School District and the County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Housing Trust Fund Advisory Commit- tee: One, 3-year term through August 17, 2019 (Expired term of Walsh). Applicant: John Walsh, 316 Spring Valley Rd. Appointments were made to the following Boards/Commissions: 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 Representa- tive). Motion by Connors to appoint Mr. Beard to a 3-year term through August 1, 2019. Se- conded by Jones. Motion carried 7-0. 3. Community Development Advisory Commission: One, 3-year term through Febru- ary 15, 2017 (Vacant term of Craddieth, Low/Moderate Income Area Representa- tive).Applicant: Sara Burley, 2622 Broadway St (Qualifies as LMI Representative). Motion by Jones to appoint Ms. Burley to the remainder of a 3-year term through February 15, 2016. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Amend ID Institutional Dis- trict - 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 Univer- sity 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. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Planning Services Laura Carstens provided a staff re- port. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 50-16 Amend- ing 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 De- velopment Plan for the Finley Hospital Institu- tional District. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 50-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY PROVID- ING FOR THE AMENDMENT OF ORDI- NANCE 14-14, AND APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE FINLEY HOSPITAL INSTITU- TIONAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, be amended by providing for the approval of an amended campus devel- opment plan for the Finley Hospital ID Institu- tional District, a copy of which is on file with the City of Dubuque Planning Services De- partment. Section 2. Institutional District Regulations. A. Use Regulations The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be lim- ited to: Book 146 Regular Session, October 17, 2016 402 a. Hospitals b. Outpatient care facilities. c. Office for administrative per- sonnel or other institutional employ- ees or affiliates. d. Classrooms, laboratories, lec- ture halls, auditoriums and similar places of institutional assembly. e. Off-street parking and loading. f. Facilities and operations for the diagnosis, care, and treatment of hu- man health disorders, including ex- aminations in operating rooms, physi- cal therapy or x-ray facilities, psychi- atric treatment, convalescent care, and similar hospital-related uses. This provision shall include separate doc- tors’ clinics, drug stores, and other medical facilities not owned or oper- ated by the principal institution and included in the conceptual develop- ment plan. 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional Dis- trict. a. Restaurants and cafeterias, flower shops, gift shops, and candy, cigar, or magazine stands, but only when operated or located entirely within a principal building. b. As an accessory use to a med- ical institution, and allocated entirely within a principal building, facilities for the compounding, dispensing, or sale of drugs or medicines, prosthetic de- vices, lotions and preparations, dental care supplies, eyewear, bandages or dressings, and similar medical or health-related supplies. c. Group daycare center. d. All uses customarily incidental to the principal permitted uses in con- junction with which such accessory use is operated or maintained, but not to include commercial uses outside the principal building. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: All build- ings, structures, and activities shall be located in substantial conformance with the attached amended Campus Development Plan. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be estab- lished in conformance with Section 5-22 of the Unified Development Code and the following standards: 1. The storm water control shall be designed and built in accordance with City Regulations subject to review and approval by the City of Dubuque Engi- neering Department. 2. That appropriate erosion and sed- iment control will be installed prior to commencement of any land disturbing activity related to the subject project, in- cluding all required state and city permits related to erosion control. 3. New outdoor lighting shall utilize 72-degree cut-off luminaries. 4. Landscaping shall be provided in compliance with Article 13 of the Unified Development Code. 5. All utilities, including telephone and cable television, shall be installed under- ground. 6. Final site plans shall be submitted in accordance with Articles 12 and 13 of the Unified Development Code. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein de- scribed ID Institutional District shall be regulat- ed as follows. 1. The number, size and layout of off- street parking shall be in substantial compliance with the amended campus plan. 2. Any significant expansion or reduc- tion in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted Institutional District regulations. E. Sign Regulations 1. Signage permitted in this ID Institu- tional District shall be as follows: a) Eleven freestanding signs with a maximum of 50 square feet per sign. b) One freestanding sign with a maximum of 100 square feet per sign. c) Twenty-five wall-mounted signs with a maximum of 50 square feet per sign. d) Four wall-mounted signs with a maximum of 100 square feet per sign. e) One wall-mounted sign with a maximum of 200 square feet. f) Directional signs, as needed, with a maximum sign area of 10 square feet and 10 feet in height. g) That all other sign regulations not herein identified shall conform to Section 16-15 of the Unified Devel- opment Code. 2. Signage allowed for the Kehl Dia- betes Center building: a) Two (2) 50 square feet wall signs. b) One (1) 80 square foot monu- ment sign 11 feet in height. F. Additional Standards Book 146 Regular Session, October 17, 2016 403 That all previously approved campus de- velopment plans are hereby amended to allow for the attached campus development plan. G. Transfer of Ownership Transfer of ownership of property in this ID Institutional District requires rezoning of the property to an appropriate zoning district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 4. The foregoing amendment shall take effect upon publications, as provided by law. Passed, approved and adopted this 17th day of October, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of October, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Request to Amend PUD Planned Unit Development - Plaza 20: Proof of publication on notice of public hearing to consider a re- quest from Plaza 20, Inc. to amend the Plaza 20 PUD Planned Unit Development sign regu- lations 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. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Del Toro. Planning Services Manager Laura Carstens provided a staff report. Responding to questions from the City Council, Ms. Car- stens stated that these are on premise signs and therefore not effected by regulations that apply to off-premise signs within the Hwy 20/Dodge Street right-of-way and regardless of whether the City or IDOT has jurisdiction over that right-of-way. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 51-16 Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by re- scinding 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. Seconded by Del Toro. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 51-16 AMENDING TITLE 16, THE UNIFIED DE- VELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 13-16 WHICH ESTABLISHED REGULATIONS FOR THE PLAZA 20 PUD PLANNED UNIT DEVELOP- MENT DISTRICT WITH A PLANNED COM- MERCIAL DESIGNATION AND NOW BEING AMENDED TO ALLOW FOR MODIFICATION OF THE ON-PREMISE SIGN REGULATIONS APPLIED TO PLAZA 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Devel- opment Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 13-16 which established regulations for the Plaza 20 Planned Unit Development District with a Planned Commercial District designation, and now being amended to allow modification of the on premise sign regulations applied to Plaza 20, to wit: A. Use Regulations The following regulations shall apply to all uses made of land in the above-described Planned Unit Development: Principal permitted uses: The following us- es are permitted in the Plaza 20 Planned Unit Development: 1. Regional shopping center 2. Retail sales/service 3. Indoor restaurant 4. Drive-in/carry-out restaurant 5. General offices 6. Indoor recreation 7. Outdoor recreation 8. Auto sales and service 9. Auto service centers 10. Automated gas station 11. Self-service car wash 12. Business services 13. Hotel 14. Motel 15. Auditorium or assembly hall Accessory Uses: The following accessory uses are permitted in the Plaza 20 Planned Unit Development: 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Outdoor seating as part of an in- door restaurant, bar or tavern. Conditional Uses: The following conditional uses are permitted in the Plaza 20 Planned Unit Development, subject to the provisions of Section 8 of the Unified Development Code that establishes requirements for application to the Zoning Board of Adjustment for a condi- tional use permit, and any other specific condi- tions listed below for a conditional use. Book 146 Regular Session, October 17, 2016 404 1. Licensed child care centers, pro- vided that: a. Such facility shall supply load- ing and unloading spaces so as not to obstruct public streets or create traffic or safety hazards. b. All licenses have been issued or have been applied for and are awaiting the outcome of the state’s decision. c. Such use shall not be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servic- ing, repairing, or renting vehicles. d. The conditional use applicant certifies that the premises on which the licensed child care center will be located complies with, and will for so long as the licensed child care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials. e. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reau- thorization Act of 1986, as amended, the Emergency Management Director shall certify whether or not the appli- cant has submitted a current invento- ry of extremely hazardous substanc- es kept or stored on the premises. If any such extremely hazardous sub- stances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a de- scription of the extremely hazardous substances, and the physical and health hazards presented by such substances. f. Applicant shall submit an evac- uation plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials incident. The plan shall include a “house in place” scenario in which the children can be kept safely within a room of the building that has no penetration to the outside (windows, doors, etc.). g. Applicant shall submit plans for approval by the City that indicate the installation of a main emergency shut-off switch for the heating, venti- lation, and air conditioning (HVAC) system to minimize the infiltration risk of airborne hazardous materials. B. Lot and Bulk Regulations. The following bulk regulations shall apply in the Plaza 20 Planned Unit Development, subject to the provisions of the Unified Devel- opment Code. 1. All shopping center buildings, structures, and activities shall be devel- oped in substantial conformance with previously approved conceptual devel- opment plan(s). 2. All shopping center buildings and structures shall be limited to a maximum height of 40 feet. 3. All buildings and structures located on out lots shall be developed in compli- ance with the bulk regulations of the C-3 General Commercial district. C. Sign Regulations. 1. The provisions of the City of Dubu- que Unified Development Code, Section 15 Signs shall apply unless further regu- lated by this section. 2. On-premise signs: On-premise signs shall be regulated in accordance with the provisions of Exhibit A. 3. Off-premise signs: Off-premise signs shall be prohibited. 4. Variances: Variances from sign re- quirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Ad- justment in accordance with Article 8-6 of the Unified Development Code. D. Parking Regulations 1. Parking requirements for Plaza 20 shall be one space per 250 square feet of retail space accessible to the general public. 2. All vehicle-related features shall be surfaced with standard or permeable as- phalt, concrete, or pavers. 3. Curbing and proper surface drain- age of storm water shall be provided. 4. All parking and loading spaces shall be delineated on the surfacing ma- terial by painted stripes or other perma- nent means. 5. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of develop- ment of the lot. 6. The number, size, design, and lo- cation of parking spaces designated for persons with disabilities shall be accord- ing to the local, state, or federal require- ments in effect at the time of develop- ment. 7. Parking requirements for busi- nesses located on out lots shall comply with the provisions of Section 14 of the Unified Development Code. E. Site Lighting 1. Exterior illumination of site features shall be limited to the illumination of the following: Book 146 Regular Session, October 17, 2016 405 a. Parking areas, driveways and loading facilities. b. Pedestrian walkway surfaces and entrances to building. c. Building exterior. 2. Location and Design a. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at an- gles above 72-degrees from vertical. b. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. c. All electrical service lines to posts and fixtures shall be under- ground and concealed inside the posts. F. Exterior Trash Collection Areas 1. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. 2. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provid- ed with a gate or door of similar design to that of the screen. G. Performance Standards The development and maintenance of uses in this Planned Unit Development shall be es- tablished in conformance with the following standards. 1. That the east side of Plaza 20 ad- jacent to the new retail space be planted with species of shade trees that will pro- vide an effective screen in the future be- tween the commercial plaza and residen- tial properties to the east. 2. Platting: Subdivision plats shall be submitted in accordance with Section 11 Land Subdivision of the City of Dubuque Unified Development Code. 3. Site Plans: Final site development plans shall be submitted in accordance with Section 12 Site Plans and Section 13 Site Design Standards of the City of Dubuque Unified Development Code pri- or to construction of each building and vehicle-related feature unless otherwise exempted by Article 12. 4. Storm Water Conveyance: The de- veloper of each lot shall be responsible for providing surface or subsurface con- veyance(s) of storm water from the lot to existing storm sewers or to the flow line of open drainage ways outside the lot in a means that is satisfactory to the Engi- neering Department of the City of Dubu- que. Other applicable regulations en- forced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the Planned Unit Development. H. Other Codes and Regulations 1. Service Lines. All electric, tele- phone, cable, or other similar utility lines serving the building and other site fea- tures shall be located underground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regula- tions, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. I. Transfer of Ownership Transfer of ownership or lease of property in the Plaza 20 PUD shall include in the trans- fer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. J. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the property own- er, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the under- signed and his/her heirs, successors and as- signs. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 17th day of October, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of October, 2016. /s/Kevin S. Firnstahl, City Clerk PUBLIC INPUT Carol Copeland, Executive Management, 1330 Locust Street; and Lynn Lampe, Vice President of the Dubuque Landlords Associa- tion, expressed their opposition to Source of Income code requirements currently under discussion and urged the Council to continue Book 146 Regular Session, October 17, 2016 406 to allow landlords, property owners and hous- ing providers the choice to participate or not in the Housing Choice Voucher and other assis- tance programs. ACTION ITEMS 1. State Representative Charles Isenhart: Mr. Isenhart addressed the City Council re- garding his 2017 Legislative Priorities and asked the Council to keep this information in mind as it develops the City’s own Legislative Priorities. Topics included: clean water/soil health; clean energy and climate action; local food system development to improve public health and diversity our agricultural economy; economic/ workforce development to benefit and empower populations underserved by or disadvantaged in our community; access health care, particularly treatment for mental health and substance abuse. Mr. Isenhart then outlined examples of several initiatives where he and the City might work together on these priorities. Motion by Jones to receive and file the documents. Seconded by Connors. Motion carried 7-0. 2. Expansion of Conservation District to In- clude 553 E. 14th Street (Tabled from Septem- ber 6, 2016): City Manager recommending City Council action on one of four options related to the expansion of the Washington Neighbor- hood Conservation District to include 553 E. 14th Street. Motion by Connors to remove from the table. Seconded by Jones. Motion carried 7-0. Restate motion by Connors to receive and file the documents and deny the City’s request. Seconded by Resnick. Motion carried 6-1 with Rios voting nay. City Attorney Crenna Brum- well and Planning Services Manage Laura Carstens responded to questions from the City Council regarding the City’s inability to inspect the interior of non-rental buildings without permission; the City’s permitting and design review process within conservation and histor- ic districts, the architectural and historic struc- ture assessment survey; and the inspection history of this property. 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. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 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. Seconded by Rios. Motion carried 7- 0. Responded to questions from the City Council City Manager Van Milligen and City Engineer Gus Psihoyos explained how the amendment will allow the City to use the prop- erty for the proposed roundabout at this inter- section. RESOLUTION NO. 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 Whereas, K & T Real Estate, LLC request- ed the vacation of a portion of the North Grandview Avenue right of way for the con- struction of a commercial property at the southwest corner of the intersection of North Grandview Avenue and University Avenue; and Whereas, a purchase agreement was final- ized with K & T Real Estate, LLC, purchaser of the property scheduled for vacation and dis- posal; and Whereas, the City Council passed Resolu- tion 229-16 approving the disposal of Lot 1 of Tiefenthaler 2nd Place; and Whereas, in June of 2016 the City of Dubuque vacated and sold a portion of the North Grandview Avenue right of way known at Lot 1 of Tiefenthaler 2nd Place via Quit Claim Deed to K & T Real Estate, LLC; and Whereas, per the terms of the purchase agreement, K & T Real Estate, LLC is to con- struct a nine stall parking lot on City Property adjacent to Lot 1 of Tiefenthaler 2nd Place; and Whereas, it is in the best interest of the City to not require the construction of the park- ing lot on City Property as it will be in conflict with the location of the proposed roundabout intersection improvements now scheduled for the year 2017. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That amending the purchase agreement, for the sale of Lot 1 of Tiefenthaler 2nd Place, to remove the requirement for the construction of said parking lot is hereby ap- proved. All other terms and conditions of the agreement shall remain in full force and effect. Section 2. That the Mayor is hereby au- thorized to execute and sign said amendment to purchase agreement. Passed, approved and adopted this 17th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Code of Ordinances Amendment Title 14 - References to Housing Code: City Man- ager recommending approval of an ordinance Book 146 Regular Session, October 17, 2016 407 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. Motion by Lynch to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 52-16 Amending Ordinance 30-16 Which repealed Title 6, Chapter 6 of the City of Dubuque Code of Or- dinances and all other Ordinances or parts of Laws in Conflict therewith; Adopted the 2015 Edition of the International Property Mainte- nance Code, Regulating and Governing the Conditions and Maintenance of all Property, Buildings, and Structures; Provided the Stand- ards for Supplied Utilities and Facilities and Other Physical Things and Conditions Essen- tial to Ensure that Structures are Safe, Sani- tary and fit for Occupation and Use; and Con- demning Buildings and Structures Unfit for Human Occupancy and Use, and the Demoli- tion 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 Offi- cial 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. Second- ed by Rios. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 52-16 AMENDING ORDINANCE 30-16 WHICH RE- PEALED 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 IN- TERNATIONAL PROPERTY MAINTENANCE CODE, REGULATING AND GOVERNING THE CONDITIONS AND MAINTENANCE OF ALL PROPERTY, BUILDINGS, AND STRUCTURES; PROVIDED THE STAND- ARDS FOR SUPPLIED UTILITIES AND FA- CILITIES 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 OCCU- PANCY 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 NO- TICE OF VIOLATION PROVISION, ADDING DEFINITIONS FOR BUILDING OFFICIAL AND CODE OFFICIAL, AND MODIFYING THE HOUSING BOARD OF APPEAL PRO- VISIONS TO BE CONSISTENT WITH THE PROVISIONS FOR OTHER BOARDS AND COMMISSIONS OF THE CITY NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Section 1. Ordinance No. 30-16 is amend- ed to read as follows: . . . . 14-1J-4: PRIORITY CATEGORY: A. Priority Category Designated: The city manager may designate a property owner, manager, or licensed real estate professional a priority category for pur- poses of the property maintenance code if three (3) times within a period of twelve (12) consecutive months the property owner, manager, or licensed real estate professional: 1. Has a rental license suspend- ed; 2. Has a rental license revoked; 3. Is noncompliant with property maintenance code orders in excess of ninety (90) days without either an extension of time or variance from the housing board of appeals board or good faith progress as determined by the city manager; 4. Fails to perform a mandated criminal background check on a ten- ant; or 5. Receives a citation for a prop- erty maintenance code violation. B. Notice Of Priority Category Status: Whenever the city manager designates a property owner, manager, or licensed re- al estate professional to be a priority cat- egory under subsection A of this section, the city manager must give notice of the designation to the property owner, man- ager, or licensed real estate professional responsible. Each notice must: 1. Be in writing; 2. Include a listing of the basis for designating the property owner, man- ager, or licensed real estate profes- sional a priority category; 3. Be served upon the property owner, manager, or licensed real es- tate professional by delivering the same at the property owner, manag- er, or licensed real estate profession- al's residence, office, or place of business in person or by mailing by certified mail or regular mail to such address. All such mail must bear indi- Book 146 Regular Session, October 17, 2016 408 cia requesting return to sender or forwarding address if not deliverable as addressed; and 4. Contain a statement that: a. The property owner, man- ager, or licensed real estate pro- fessional may appeal from the no- tice of the city manager to the housing board of appeals; b. An appeal must be made in writing and filed with the city manager within twenty (20) days from the date of service of the designation notice; and c. A failure to appeal will con- stitute a waiver of all rights to an appeal. 5. This section may not be inter- preted to prevent the enforcement and imposition of fines and penalties for property maintenance code viola- tions. . . . . Section 2. This Ordinance takes effect up- on publication. Passed, approved and adopted this 17th day of October, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of October, 2016. /s/Kevin S. Firnstahl, City Clerk 5. Code of Ordinances Amendment Title 4 - Solicitor's License: City Manager recom- mending approval of an Ordinance providing that the City Manager must give written notice of the revocation, suspension or denial of re- newal to the licensee. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 53-16 Amend- ing 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 writ- ten notice of the revocation, suspension, or denial of renewal. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 53-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 5 SO- LICITOR’S LICENSE, SECTION 4-5-10 DE- NIAL, SUSPENSION, OR REVOCATION OF LICENSE BY PROVIDING THAT THE CITY MANAGER MUST GIVE WRITTEN NOTICE OF THE REVOCATION, SUSPENSION, OR DENIAL OF RENEWAL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-5-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 4-5-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: A. The city manager may, upon good cause, deny issuance or renewal of a li- cense or suspend or revoke any license issued under this article for a period not to exceed one year for any of the follow- ing: 1. Violation of any federal, state, or local law, including, but not limited to, a violation of this chapter or any other chapter of this code; 2. Misrepresentation of any mate- rial fact in the application for a li- cense; 3. Failure to cooperate with law enforcement; or 4. The licensee, owner, manager, partner, corporate officer, or director has been convicted of a crime involv- ing robbery, burglary, theft, forgery, fraud, or deceptive practices, the possession, manufacture, or delivery of a controlled substance, possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, or nonpayment of excise taxes for a controlled sub- stance, nonpayment of other taxes, or demonstrated insolvency. 5. Misrepresentation of the source, condition, quality, weight, or measure of the product sold by such solicitor; or 6. If any judgment recovered against such solicitor with reference to the operation of the business within the city remains unpaid for a period of six (6) months, provided such judg- ment be not stayed under a super- sedes bond upon appeal from such judgment. B. The city manager must give written notice of the revocation, suspension, or denial of renewal of any license issued under the provisions of this chapter to the license holder and the surety or sureties furnishing the bond provided for herein. C. In the event of such revocation, suspension, or denial or nonrenewal, no other solicitor's license may be issued to such person for a period of two (2) years thereafter. Book 146 Regular Session, October 17, 2016 409 Section 2. This Ordinance takes effect up- on publication. Passed, approved and adopted this 17th day of October, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of October, 2016. /s/Kevin S. Firnstahl, City Clerk 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 Me- chanical and Plumbing Code Board consistent between the two ordinances. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 54-16 Amending Ordinance 25-16 W hich repealed Title 14 Building and Development, Chapter 1 Building Codes, Article F Mechanical Code, Sections 14-1F-1 International Mechanical Code Adopt- ed and 14-1F-2 International Mechanical Code Amendments and adopted new sections in lieu thereof Adopting the 2015 International Me- chanical Code; and Ordinance No. 55-16 Amending Ordinance 26-16 Which repealed Title 14 Building and Development, Chapter 1 Building Codes, Article H Plumbing Code, Sec- tions 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. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 54-16 AMENDING ORDINANCE 25-16 WHICH RE- PEALED TITLE 14 BUILDING AND DEVEL- OPMENT, CHAPTER 1 BUILDING CODES, ARTICLE F MECHANICAL CODE, SEC- TIONS 14-1F-1 INTERNATIONAL MECHAN- ICAL CODE ADOPTED AND 14-1F-2 IN- TERNATIONAL MECHANICAL CODE AMENDMENTS AND ADOPTED NEW SEC- TIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNATIONAL MECHANICAL CODE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Section 1. Ordinance No. 25-16 is amend- ed to read as follows: . . . . 14-1F-4: MECHANICAL AND PLUMBING CODE BOARD: A. Board Created: In order to hear and decide appeals of orders, decisions, or determinations made by the code offi- cial relative to the application and inter- pretation of this code, there shall be and is hereby created a Mechanical and Plumbing Code Board. The Mechanical and Plumbing Code Board shall be ap- pointed by the City Council and shall hold office at its pleasure. B. Membership: The Mechanical and Plumbing Code Board shall consist of seven (7) residents of the city, appointed by the City Council for a term of three (3) years or until such member's successor is appointed and qualified. Vacancies must be filled in the same manner as original appointments. 1. Special Qualifications. a. Two (2) at-large members b. Five (5) members who pos- sess a minimum of one of the fol- lowing requirements: minimum of five (5) years working experience in the plumbing or mechanical trade, hold a state certification as a mechanical or plumbing con- tractor, licensed mechanical or hydraulic engineer, or any combi- nation thereof. c. Members must be eighteen (18) years of age or older. C. Oath: Each person, upon appoint- ment or reappointment to the board, must execute an oath of office at the first meet- ing of the board following appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board following the appointment or reap- pointment. D. Officers/Organization: The board must choose annually a chairperson and vice-chairperson, each to serve a term of one (1) year. The code official is the sec- retary of the board. The board must fill a vacancy among its officers for the re- mainder of the officer’s unexpired term. E. Compensation: Members serve without compensation, provided that they may receive reimbursement for neces- sary travel and other expenses while on official board business within the limits established in the city administrative poli- cies and budget. F. Disqualification of Member: A member shall not hear an appeal in which that member has a personal, pro- fessional, or financial interest. G. Application for Appeal: 1. Any person affected by a deci- sion of the code official or a notice or Book 146 Regular Session, October 17, 2016 410 order issued under this code shall have the right to appeal to the Me- chanical and Plumbing Code Board, provided a written application for ap- peal is filed within twenty (20) days after the day the decision, notice, or order was served. 2. An application for appeal shall be based on a claim that the true in- tent of this code or the rules legally adopted thereunder have been incor- rectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of con- struction is proposed. H. Limitations on Authority (Board Powers): 1. The board has the following powers, duties, and responsibilities: a. To advise the city council on all mechanical and plumbing code regulations and procedures. b. To serve as an appeal body for the decisions of the code offi- cial or the code official’s design- ee. c. To provide for reasonable interpretations of the mechanical and plumbing code. The Mechanical and Plumbing Code Board does not have the authority to waive the re- quirements of this code. I. Notice of Meeting: The board shall meet upon notice from the chairman, within not less than ten (10) days and not more than sixty (60) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. J. Open Hearing: 1. Hearings before the board shall be open to the public and in compli- ance with the provisions of the Iowa open meetings law. 2. The appellant, the appellant’s representative, the code official, and any person whose interests are af- fected shall be given an opportunity to be heard. K. Hearing Procedure: 1. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The pro- cedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant infor- mation be received. 2. A quorum shall consist of a minimum of two-thirds (2/3) of the board membership. 3. Members of the board shall at- tend at least two-thirds (2/3) of all regularly scheduled and held meet- ings within a twelve (12) month peri- od. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city coun- cil that the member be replaced. The attendance of all members shall be entered upon the minutes of all meet- ings. 4. The code official shall file with the city council a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting, or by the next regularly scheduled city council meeting, whichever is later. 5. All administrative, personnel, accounting, budgetary, and procure- ment policies of the city shall govern the board in its operations. 6. Removal: The city council may remove any member for cause upon written charges and after a public hearing. L. Postponed Hearing: Either the city or the appellant may request a post- ponement of a hearing subject to the ap- proval of the code official. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. M. Board Decision on Appeals: The board may, by majority vote, affirm, modi- fy, or reverse the decision of the code of- ficial. N. Resolution: The decision of the board shall be by resolution. A written copy shall be furnished to the appellant and placed in the board’s records. O. Administration: The code official shall take immediate action in accord- ance with the decision of the board. P. Court Review: Any person, wheth- er or not a previous party to the appeal, shall have the right to apply to the appro- priate court for a writ of certiorari to cor- rect errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the code official chief administrative officer. Q. Stays of Enforcement: Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforce- ment of the notice and order until the ap- peal is heard by the appeals board. Section 2. This Ordinance takes effect up- on publication. Passed, approved and adopted this 17th day of October, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Book 146 Regular Session, October 17, 2016 411 Published officially in the Telegraph Herald newspaper on the 21st day of October, 2016. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 55-16 AMENDING ORDINANCE 26-16 WHICH RE- PEALED TITLE 14 BUILDING AND DEVEL- OPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H PLUMBING CODE, SECTIONS 14-1H-1 INTERNATIONAL PLUMBING CODE ADOPTED AND 14-1H-2 INTERNA- TIONAL PLUMBING CODE AMENDMENTS AND ADOPTED NEW SECTIONS IN LIEU THEREOF ADOPTING THE 2015 INTERNA- TIONAL PLUMBING CODE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Section 1. Ordinance No. 26-16 is amend- ed to read as follows: . . . . 14-1H-7: MECHANICAL AND PLUMBING CODE BOARD: A. Board Created: In order to hear and decide appeals of orders, decisions, or determinations made by the code offi- cial relative to the application and inter- pretation of this code, there shall be and is hereby created a Mechanical and Plumbing Code Board. The Mechanical and Plumbing Code Board shall be ap- pointed by the City Council and shall hold office at its pleasure. B. Membership: The Mechanical and Plumbing Code Board shall consist of seven (7) residents of the city, appointed by the City Council for a term of three (3) years or until such member's successor is appointed and qualified. Vacancies must be filled in the same manner as original appointments. 1. Special Qualifications. a. Two (2) at-large members b. Five (5) members who pos- sess a minimum of one of the fol- lowing requirements: minimum of five (5) years working experience in the plumbing or mechanical trade, hold a state certification as a mechanical or plumbing con- tractor, licensed mechanical or hydraulic engineer, or any combi- nation thereof. c. Members must be eighteen (18) years of age or older. C. Oath: Each person, upon appoint- ment or reappointment to the board, must execute an oath of office at the first meet- ing of the board following appointment or reappointment or at the city clerk's office any time prior to the first meeting of the board following the appointment or reap- pointment. D. Officers/Organization: The board must choose annually a chairperson and vice-chairperson, each to serve a term of one (1) year. The code official is the sec- retary of the board. The board must fill a vacancy among its officers for the re- mainder of the officer’s unexpired term. E. Compensation: Members serve without compensation, provided that they may receive reimbursement for neces- sary travel and other expenses while on official board business within the limits established in the city administrative poli- cies and budget. F. Disqualification of Member: A member shall not hear an appeal in which that member has a personal, pro- fessional, or financial interest. G. Application for Appeal: 1. Any person affected by a deci- sion of the code official or a notice or order issued under this code shall have the right to appeal to the Me- chanical and Plumbing Code Board, provided a written application for ap- peal is filed within twenty (20) days after the day the decision, notice, or order was served. 2 An application for appeal shall be based on a claim that the true in- tent of this code or the rules legally adopted thereunder have been incor- rectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of con- struction is proposed. H. Limitations on Authority (Board Powers): 1. The board has the following powers, duties, and responsibilities: a. To advise the city council on all mechanical and plumbing code regulations and procedures. b. To serve as an appeal body for the decisions of the code offi- cial or the code official’s design- ee. c. To provide for reasonable interpretations of the mechanical and plumbing code. The Mechanical and Plumbing Code Board does not have the authority to waive the re- quirements of this code. I. Notice of Meeting: The board shall meet upon notice from the chairman, within not less than ten (10) days and not more than sixty (60) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. J. Open Hearing: Book 146 Regular Session, October 17, 2016 412 1. Hearings before the board shall be open to the public and in compli- ance with the provisions of the Iowa open meetings law. 2. The appellant, the appellant’s representative, the code official, and any person whose interests are af- fected shall be given an opportunity to be heard. K. Hearing Procedure: 1. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The pro- cedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant infor- mation be received. 2. A quorum shall consist of a minimum of two-thirds (2/3) of the board membership. 3. Members of the board shall at- tend at least two-thirds (2/3) of all regularly scheduled and held meet- ings within a twelve (12) month peri- od. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city coun- cil that the member be replaced. The attendance of all members shall be entered upon the minutes of all meet- ings. 4. The code official shall file with the city council a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting, or by the next regularly scheduled city council meeting, whichever is later. 5. All administrative, personnel, accounting, budgetary, and procure- ment policies of the city shall govern the board in its operations. 6. Removal: The city council may remove any member for cause upon written charges and after a public hearing. L. Postponed Hearing: Either the city or the appellant may request a post- ponement of a hearing subject to the ap- proval of the code official. In no event may a postponement exceed ninety (90) days beyond the date of the appeal. M. Board Decision on Appeals: The board may, by majority vote, affirm, modi- fy, or reverse the decision of the code of- ficial. N. Resolution: The decision of the board shall be by resolution. A written copy shall be furnished to the appellant and placed in the board’s records. O. Administration: The code official shall take immediate action in accord- ance with the decision of the board. P. Court Review: Any person, wheth- er or not a previous party to the appeal, shall have the right to apply to the appro- priate court for a writ of certiorari to cor- rect errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the code official chief administrative officer. Q. Stays of Enforcement: Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforce- ment of the notice and order until the ap- peal is heard by the appeals board. Section 2. This Ordinance takes effect up- on publication. Passed, approved and adopted this 17th day of October, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of October, 2016. /s/Kevin S. Firnstahl, City Clerk 7. Code of Ordinances Amendment Title 14 - Electrical Code: City Manager recom- mending approval of an ordinance that prohib- its the use of PVC when penetrating through a roof and/or soffit. Motion by Lynch to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meet- ings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. City Manager Van Milligen and City Attorney Brumwell responded to questions from the City Council regarding the use of PVC for electrical purposes vs. heating and cooling purposes. Brumwell added that this recommendation is coming from the Electrical Code Board and refers to the National Electrical Code, not the International Electrical Code. Motion carried 7- 0. Motion by Lynch for final consideration and passage of Ordinance No. 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. Seconded by Rios. Motion carried 7-0. Book 146 Regular Session, October 17, 2016 413 OFFICIAL PUBLICATION ORDINANCE NO. 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 AT- TACH TO PVC NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1D-2 of the City of Dubuque Code of Ordinances is amended to read as follows: . . . . 352.12 Uses Not Permitted PVC conduit shall not be used under the conditions specified in 352.12(A) through (F). (A) Hazardous (Classified) Loca- tions. In any hazardous (classified) lo- cation, except as permitted by other ar- ticles of this Code. (B) Support of Luminaries. For the support of luminaries or other equip- ment not described in 352.10(H). (C) Physical Damage. Where sub- ject to physical damage unless identi- fied for such use. (D) Ambient Temperatures. Where subject to ambient temperatures in ex- cess of 50°C (122°F) unless listed oth- erwise. (E) Theaters and Similar Locations. In theaters and similar locations, except as provided in 518.4 and 520.5. (F) Overhead Lines and/or Wires. Where overhead lines and/or wires at- tach to PVC. (G) Roof and/or Soffit. Where pene- trating through a roof and/or soffit. In addition to the conditions in 352.12(A) through (G), PVC conduits are not permitted to be installed in ducts, plenums, and other air- handling spaces. See 300.22, which limits the use of materials in ducts, plenums, and other air-handling spaces that may contribute smoke and products of combustion during a fire. . . . . Section 2. This Ordinance takes effect up- on publication. Passed, approved, and adopted the 17th day of October, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of October, 2016. /s/Kevin S. Firnstahl, City Clerk 8. Request for Work Session - Inclusive Dubuque Quarterly Work Session: City Man- ager recommending that the City Council schedule the quarterly Inclusive Dubuque Work Session for December 12, 2016, at 6:00 p.m. Motion by Connors to receive and file the documents and set the work session as rec- ommended. Seconded by Jones. Motion car- ried 7-0. 9. Request for Special City Council Meet- ing - 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 5:30 p.m. in Conference Room B of City Hall, in order to begin the process of considering a Housing Urban Renewal Area to include the South Point subdivision. Restated motion by Lynch to receive and file the documents and set the work session for a new time of 5:00 p.m. on October 27, 2016. Seconded by Rios. Motion carried 7-0. 10. National League of Cities Voting Dele- gates: Correspondence from the National League of Cities requesting that the City des- ignate a voting delegate and alternate voting delegate for the upcoming National League of Cities Annual Business meeting on November 19, 2016. Motion by Connors to receive and file the documents and appoint Mayor Buol as the voting delegate as he will be attending the conference. Seconded by Resnick. Motion carried 7-0. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:45 p.m. to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Se- conded by Resnick. Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Crenna Brumwell and Attorney Conner Wasson. Mo- tion carried 7-0. Upon motion the City Council adjourned the closed session at 8:25 p.m. stating that staff had been given proper direction. City Council then met in a non-public meet- ing to discuss collective bargaining strategy pursuant to Chapter 20.17(3) Code of Iowa. There being no further business, upon mo- tion the City Council adjourned at 8:36 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Sessions, October 10 and 27, 2016 414 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on October 24, 2016 at 420 Garfield Avenue Parking Lot. Present: Mayor Buol; Council Members Del Toro, Jones, Lynch, Resnick; City Manager Van Milligen Excused: Council Members Connors and Rios; City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session / walking tour of Upper Bee Branch Creek Res- toration Project. WORK SESSION Walking Tour of the Upper Bee Branch Creek Restoration Project City Engineer Deron Muehring and Project Manager Steve Brown conducted a walking tour with the City Council of the Upper Bee Branch Creek Restoration Project. The tour began at the parking lot at 420 Garfield Ave- nue and continued along the project ending at 24th Street. Topics included: a description of the box culverts under the railroad, existing/old channel under Pine Street; placement of fish habitat structures, bio-fields/swales; final creek bed dredging and finishing, landscaping and low-maintenance grass selections; flood warn- ing indicators/signage, description of the lime- stone coating and gravel epoxy; storm water management planned at additional intersec- tions; Heritage Trailhead parking area and off- street parking designs and availability; green spaces and meadow; amphitheater feature and associated grant procurement; geothermal discharge from Audubon School component and benefit; construction staging areas; and the association with the Comiskey Park master plan. Mr. Muerhing stated that when complete, the trail loop from Garfield Avenue to 24th Street will be about one mile. The bike trail currently will bypass the railroad on the south end of the project to reconnect with the Lower Bee Branch trail at 16th Street. The project is expected to be completed in late spring 2017 with a ribbon cutting tentatively around June 2017. There being no further business, upon mo- tion the City Council adjourned at 5:50 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on October 27, 2016 in Conference Room B, City Hall, 50 W. 13th Street. Present: Mayor Buol; Council Members Connors, Del Toro (via telephone), Jones, Lynch, Resnick (via telephone), Rios; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting such business that may properly come before the City Council. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1. HUD National Disaster Resiliency Com- petition Agreement - Bee Branch Watershed Flood Mitigation Infrastructure Improvements: City Manager recommending approval to enter into a contract with the Iowa Economic Devel- opment Authority in order for the City to utilize Community Development Block Grant Pro- gram Disaster Recovery-National Disaster Resiliency funds for the Bee Branch Water- shed Flood Mitigation Project and further rec- ommends adjusting the funding schedule for the various phases of the Bee Branch Water- shed Flood Mitigation Project through the Cap- ital Improvement Program budget process. Upon motion the documents were received and filed and Resolution No. 362-16 Approving the Funding Contract between the Iowa Eco- nomic Development Authority and the City of Dubuque, Iowa for the City’s Receipt of HUD Community Development Block Grant National Disaster Resilience Competition Funding for Infrastructure improvements associated with the Bee Branch Watershed Flood Mitigation Project was adopted. RESOLUTION NO. 362-16 APPROVING THE FUNDING CONTRACT BETWEEN THE IOWA ECONOMIC DEVEL- OPMENT AUTHORITY AND THE CITY OF DUBUQUE, IOWA FOR THE CITY’S RE- CEIPT OF HUD COMMUNITY DEVELOP- MENT BLOCK GRANT NATIONAL DISAS- TER RESILIENCE COMPETITION FUNDING FOR INFRASTRUCTURE IMPROVEMENTS Book 146 Special Session, October 27, 2016 415 ASSOCIATED WITH THE BEE BRANCH WATERSHED FLOOD MITIGATION PRO- JECT Whereas, six Presidential Disaster Decla- rations have been issued for flooding, severe storms and tornados between 1999 and 2011 due to flash flooding in the Bee Branch Water- shed; and Whereas, the City Council of the City of Dubuque (the City) has adopted a drainage basin master plan that outlines improvements to mitigate flooding collectively referred to as the Bee Branch Watershed Flood Mitigation Project (the Project); and Whereas, the Project consists of multiple phases, including the Bee Branch Creek Res- toration Project, the 22nd Street Storm Sewer Improvements Project, and the 17th Street Storm Sewer Improvements Project; and Whereas, the adopted Fiscal Year 2017- 2021 Capital Improvement Program Budget included $3,900,000 for the 22nd Street Storm Sewer Improvements Project; $8,681,000 for the 17th Street Storm Sewer Improvements Project; and $18,248,700 for the culverts un- der the Canadian Pacific Railway property as part of the Bee Branch Creek Restoration Pro- ject (the Infrastructure Improvements); and Whereas, the Iowa Economic Development Authority (Authority) submitted an application for funds from the United State Department of Housing and Urban Development (HUD) under the Disaster Relief Appropriations Act, 2013, Public Law 113-2, for the Community Devel- opment Block Grant National Disaster Resili- ence (CDBG-NDR) competition on behalf of the City and the City agreed to abide by the application terms and conditions; and Whereas, the Authority received funds un- der the Disaster Relief Appropriations Act, 2013. (Public Law 113-2) under the CDBG- NDR program; and Whereas, the Authority has provided a Funding Contract (Contract) outlining the terms under which it will disperse the $23,309,600.00 in Community Development Block Grant Program Disaster Recovery – National Disaster Resiliency funds for the Bee Branch Watershed Flood Mitigation Project; and Whereas, the City Council has determined that execution of the Contract is in the best interest of the City of Dubuque; and Whereas, the Contract requires the City to construct all of the Infrastructure Improve- ments by the end of Fiscal Year 2021; and Whereas, the schedule for the various phases of the Bee Branch Watershed Flood Mitigation Project, including the Infrastructure Improvements identified herein, was estab- lished through the adoption of Resolution 176- 15; and Whereas, Adjusting the various phases of the Bee Branch Watershed Flood Mitigation Project is necessary to construct all of the In- frastructure Improvements by the end of Fiscal Year 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Mayor is hereby authorized to execute the Contract and such other docu- ments as are necessary to bind the City and to deliver the Contract and such other documents as the Iowa Economic Development Authority may reasonably request. Section 2. Resolution 176-15 establishing the schedule for the Bee Branch Watershed Flood Mitigation Project is hereby rescinded. Passed, approved and adopted this 27th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. HUD National Disaster Resiliency Com- petition Agreement - Bee Branch Healthy Homes Resiliency Program: City Manager recommending approval to enter into a con- tract with the Iowa Economic Development Authority in order for the City of Dubuque to use Community Development Block Grant Program Disaster Recovery funds, awarded as a result of the National Disaster Resiliency Competition grant, for the City of Dubuque to operate the Bee Branch Healthy Homes Resil- iency Program. Upon motion the documents were received and filed and Resolution No. 363-16 Approving the Funding Contract be- tween the Iowa Economic Development Au- thority and the City of Dubuque, Iowa for the City's receipt of HUD Community Development Block Grant National Disaster Resilience Competition Funding for Bee Branch Healthy Homes Resiliency Program associated with the Bee Branch Watershed Flood Mitigation Project was adopted. RESOLUTION NO. 363-16 APPROVING THE FUNDING CONTRACT BETWEEN THE IOWA ECONOMIC DEVEL- OPMENT AUTHORITY AND THE CITY OF DUBUQUE, IOWA FOR THE CITY'S RE- CEIPT OF HUD COMMUNITY DEVELOP- MENT BLOCK GRANT NATIONAL DISAS- TER RESILIENCE COMPETITION FUNDING FOR BEE BRANCH HEALTHY HOMES RE- SILIENCY PROGRAM ASSOCIATED WITH THE BEE BRANCH WATERSHED FLOOD MITIGATION PROJECT Whereas, six Presidential Disaster Decla- rations have been issued for flooding, severe storms and tornados between 1999 and 2011 due to flash flooding in the Bee Branch Water- shed; and Book 146 Special Session, October 27, 2016 416 Whereas, the City Council of the City of Dubuque (the City) has adopted a drainage basin master plan that outlines improvements to mitigate flooding collectively referred to as the Bee Branch Watershed Flood Mitigation Project (the Project); and Whereas, the Project consists of multiple phases, including the Bee Branch Creek Res- toration Project, the 22nd Street Storm Sewer Improvements Project, and the 17th Street Storm Sewer Improvements Project; and Whereas, there is a need to assist resi- dents in the Bee Branch Watershed address the residual impacts of multiple instances of storms and severe flooding; and Whereas, the Bee Branch Healthy Homes Resiliency Program will provide repair, reha- bilitation, and resiliency improvements for 320 housing units within the Bee Branch Water- shed target areas; and Whereas, the Bee Branch Healthy Homes Resiliency Program will provide Home Advo- cacy services to support the development of resilient neighborhoods for participants in the Bee Branch Healthy Homes Resiliency Pro- gram; and Whereas, the Iowa Economic Development Authority (Authority) submitted an application for funds from the United State Department of Housing and Urban Development (HUD) under the Disaster Relief Appropriations Act, 2013, Public Law 113-2, for the Community Devel- opment Block Grant National Disaster Resili- ence (CDBG-NDR) competition on behalf of the City and the City agreed to abide by the application terms and conditions; and Whereas, the Authority received funds un- der the Disaster Relief Appropriations Act, 2013. (Public Law 113-2) under the CDBG- NDR program; and Whereas, the Authority has provided a Funding Contract (Contract) outlining the terms under which it will disperse the $8,900,165 in Community Development Block Grant Program Disaster Recovery - National Disaster Resiliency funds for the Bee Branch Healthy Homes Resiliency Program; and Whereas, the City Council has determined that execution of the Contract is in the best interest of the City of Dubuque; and Whereas, the Contract requires the City to provide resiliency measures and improve- ments to 320 homes in the Bee Branch Water- shed target areas by the end of September 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Mayor is hereby authorized to execute the Contract and such other docu- ments as are necessary to bind the City and to deliver the Contract and such other documents as the Iowa Economic Development Authority may reasonably request. Passed, approved and adopted this 27th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Temporary Transfer of Alcohol License - Rotary Club of Dubuque: City Clerk recom- mending approval of a temporary liquor license transfer for Rotary Club of Dubuque for an event on November 5 and 6, 2016 at Steeple Square. Upon motion the documents were received and filed and Resolution No. 364-16 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. 364-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Transfer Rotary Club of Dubuque, 135 W. 8th St to 1584 White St., Special Class C liquor (Outdoor) (Sunday) Passed, approved and adopted this 27th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. Book 146 Special Session, October 27, 2016 417 1. North Cascade Road Urban Renewal Area Amendment: City Manager recommend- ing approval of a Resolution of Necessity that finds that an Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area is both neces- sary and appropriate, and sets a public hear- ing on the proposed plan for November 21, 2016. Upon motion the documents were re- ceived and filed and Resolution No. 365-16 of Necessity finding that certain property in and near the North Cascade Road 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 was adopted set- ting a public hearing for a meeting to com- mence at 6:00 p.m. on November 21, 2016 in the Historic Federal Building. RESOLUTION NO. 365-16 RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IN AND NEAR THE NORTH CASCADE ROAD URBAN RE- NEWAL AREA IS AN ECONOMIC DEVEL- OPMENT AREA AND THAT THE DEVEL- OPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA AND SET- TING A DATE FOR HEARING ON A PRO- POSED AMENDED AND RESTATED UR- BAN RENEWAL PLAN FOR SAID AREA Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 380- 15, adopted November 2, 2015 as amended by Resolution 396-15, adopted November 16, 2015, approved the Urban Renewal Plan (the “Urban Renewal Plan”) for the North Cascade Road Housing Urban Renewal Area (the “Ar- ea”) in order to stimulate, through public in- volvement and commitment, private invest- ment in new housing and residential develop- ment as defined by Iowa Code 403.17(12), as described in the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be amended to add additional areas and current project details, including the acquisition and construction of expanded water infrastructure to better serve the Area; and Whereas, the City Council has determined that the area described in Attachments A and B to this Resolution meets the definition of an economic development area as defined in Chapter 403 “Urban Renewal” of the Iowa Code, and staff has advised that all required consents from Dubuque County and the own- ers of any agricultural land have been ob- tained; and Whereas, a significant need for housing units exists in the community and local re- sources are needed to advance the develop- ment; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, a City Council must adopt a resolu- tion of necessity finding that the area in ques- tion is a slum, blighted or economic develop- ment area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the munic- ipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the area generally de- scribed in Attachment A to this Resolution is an economic development area as defined by Chapter 403 of the Iowa Code and is appropri- ate for an urban renewal project and public improvements related to housing and residen- tial development. Section 2. That the further development of the amended North Cascade Road Housing Urban Renewal Area is necessary and appro- priate to facilitate the proper growth and de- velopment of the community in accordance with sound planning and local community ob- jectives. Section 3. That the development of this ar- ea will provide new opportunities for quality housing and job creation in the community. Section 4. That the City Manager is author- ized and directed to prepare an Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Amended and Restated Urban Re- newal Plan for the North Cascade Road Hous- ing Urban Renewal Area to be held on the 21st day of November, 2016, at 6:00 p.m. in the Historic Federal Building in Dubuque, Iowa 350 W. 6th Street, Dubuque, Iowa and that said notice shall generally identify the area covered by the Plan and the general scope of the Urban Renewal Plan activities planned for such area. Section 6. That the City Clerk is further di- rected to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubu- que Community School District, and the Coun- ty Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 27th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Special Session, November 3, 2016 418 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on November 3, 2016 in City Hall, Conference Room A, 50 W. 13th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Lynch, Resnick, Rios; City Man- ager Van Milligen, City Attorney Brumwell Absent: Council Member Connors Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a closed session on pending litigation and real estate transfer ne- gotiations pursuant to Chapter 21.5(1)(c), -(j) of the Iowa Code CLOSED SESSION Pending Litigation and Real Estate Transfer Negotiations Iowa Code Chapter 21.5(1)(c), -(j) Motion by Jones to convene in closed session at 6:01 p.m. to discuss pending litiga- tion and real estate transfer negotiations pur- suant to Chapter 21.5(1)(c), -(j) of the Iowa Code. Seconded by Resnick. Motion carried 6- 0. Upon motion at 6:33 p.m., the City Coun- cil reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 6:33 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session, November 7, 2016 419 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on November 7, 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 PRESENTATION(S) 1. American Water Works Association - Iowa 2016 Outstanding Service Award: Ameri- can Water Works Association - Iowa Section Board of Directors Chairperson Roy Hese- mann presented the AWWA-IA Outstanding Service Award to Water Plant Manager Bob Green. 2. American Planning Association's Iowa Chapter Best Practice Award for Architectural Guidelines: Planning Services Manager Laura Carstens presented the American Planning Association's Iowa Chapter (APA-IA) Best Practice Award to the City of Dubuque for its Architectural Guidelines. PROCLAMATION(S) 1. Philanthropy Day (November 15, 2016) was accepted by Kelly Meyers, Regional Fundraising Advisory, Amperage Marketing & Fundraising, 3280 St. Anne Drive, Dubuque. 2. Pancreatic Cancer Awareness Day (No- vember 17, 2016) was accepted by Diane Oglesby Rambousek, President, Michael W. Oglesby Foundation, PO Box 777, Dubuque. 3. Hospice Month (November 2016) was accepted by Lavonne Noel, Executive Director, Hospice of Dubuque, 2255 JFK Road, Dubu- que. 4. Hunger and Homelessness Awareness Month (November 2016) was accepted by Teresa Shelter resident Alexxis. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 10/17, 10/24, 10/27; Civil Service Commission of 10/25; Historic Preservation Commission of 10/20; Investment Oversight Advisory Commission of 10/26; Li- brary Board of Trustees Update #154 of 10/27; Long Range Planning Advisory Commission of 10/19; Mechanical and Plumbing Board of 10/20; Park and Recreation Advisory Commis- sion of 9/29; Transit Advisory Board of 10/6; Proof of Publication for City Council Proceed- ings of 10/3, 10/10, 10/17, 10/24; Proof of Pub- lication on Notice of Delinquent Utility Ac- counts of 10/21; Proof of Publication for List of Claims and Summary of Revenues Month Ending 9/30/16. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: CenturyLink for property damage; CenturyLink for property damage; Thomas Klinkhammer for vehicle damage; Saul Moreno for vehicle damage; Linda Stark for property damage; John Stewart for vehicle damage; and Joan Tully for vehicle damage. Upon motion the documents were received, filed and referred to the City Attor- ney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: CenturyLink for property damage; Thomas Klinkhammer for vehicle damage; Saul Moreno for vehicle damage; Linda Stark for property damage; John Stewart for vehicle damage; and Joan Tully for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Don Vogt Receives Outstanding Profes- sional Achievement Award: City Manager transmitting information on the Iowa Society of Solid Waste Operations (ISOSWO) presenting retired Public Works Director Don Vogt with the 2016 Outstanding Professional Achieve- ment Award. Upon motion the documents were received and filed. 5. Southwest Arterial Brochure: City Man- ager transmitting the City of Dubuque public information brochure for the Southwest Arterial / U.S. Highway 52. Upon motion the document was received and filed. 6. C.H.A.N.G.E. Brochure: City Manager transmitting a copy of the public information C.H.A.N.G.E brochure (Comprehensive Hous- Book 146 Regular Session, November 7, 2016 420 ing Activities for Neighborhood Growth & En- richment) from the Housing and Community Development Department. Upon motion the document was received and filed. 7. Grant of Easement for Storm Sewer - Applewood IV Senior Housing: City Manager recommending Acceptance of the Grant of Storm Sewer Easement from Dubuque Senior Housing IV, LLC through, over and across part of Lot 1 of Lange Estate in the City of Dubu- que. Upon motion the documents were re- ceived and filed and Resolution No. 366-16 Accepting a Grant of Easement for storm sew- er through, over and across part of Lot 1 of Lange Estate, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 366-16 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 OF LANGE ES- TATE, IN THE CITY OF DUBUQUE, IOWA Whereas, Dubuque Senior Housing IV, LLC has executed a Permanent Easement for Storm 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 Storm Sewer through, over and across Part of Lot 1 of Lange Estate in the City of Dubuque, Dubuque County, Iowa as shown on the Grant of Easement for Storm Sewer Utility, a copy of which is attached hereto, from Dubuque Senior Housing IV, LLC. 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 author- ized to and directed to record this resolution and easement with the Dubuque County Re- corder. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Dubuque Industrial Center South Verena Court Entrance Road Project Acceptance: City Manager recommending acceptance of the public improvement construction contract for the Dubuque Industrial Center South, Verena Court Project, as completed by Drew Cook & Sons Excavating Co., Inc. Upon motion the documents were received and filed and Reso- lution No. 367-16 Accepting the Dubuque In- dustrial Center South - Verena Court Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 367-16 ACCEPTING THE DUBUQUE INDUSTRIAL CENTER SOUTH – VERENA COURT PRO- JECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Dubuque Industrial Center South, Verena Court Project (the Project) has been completed by the Contractor, McDermott Ex- cavating (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $204,500.24; and Whereas, the Contractor has previously been paid $194,275.23, leaving a balance of $10,225.01; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $10,225.01 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE DUBUQUE INDUS- TRIAL CENTER SOUTH – VERENA COURT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Dubuque Industrial Center South, Verena Court Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $231,085.27. Dated this 1st day of November, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 1st day of November, 2016. /s/Kevin S. Firnstahl, City Clerk 9. Key West Drive Watermain Extension Project Acceptance: City Manager recom- mending acceptance of the public improve- ment construction contract for the Key West Book 146 Regular Session, November 7, 2016 421 Drive Water Main Extension Project, as com- pleted by Top Grade Excavating, Inc. Upon motion the documents were received and filed and Resolution No. 368-16 Accepting the Key West Drive Water Main Extension Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 368-16 ACCEPTING THE KEY WEST DRIVE WA- TER MAIN EXTENSION PROJECT AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Key West Drive Water Main Extension (the Project) has been completed by the Con- tractor, Top Grade Excavating, Inc. (Contrac- tor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $689,730.15; and Whereas, the Contractor has previously been paid $655,243.64, leaving a balance of $34,486.51; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $34,486.51 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE KEY WEST DRIVE WATER MAIN EXTENSION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Key West Drive Water Main Ex- tension Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $719,961.38. Dated this 1st day of November, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 1st day of November, 2016. /s/Kevin S. Firnstahl, CMC, 10. SRF Green Alley Project Bid Set 1- Year 3 Acceptance: City Manager recom- mending acceptance of the construction con- tract and the establishment of the Final Schedule of Assessments for the SRF Green Alley Bid Set 1 – Year 3 Project as completed by Portzen Construction. Upon motion the documents were received and filed and Reso- lution No. 369-16 Accepting the SRF Green Alley Project Bid Set 1 - Year 3 and authoriz- ing the payment of the contract amount to the contractor; and Resolution No. 370-16 Adopt- ing the Final Assessment Schedule for the SRF Green Alley Project Bid Set 1 - Year 3 was adopted. RESOLUTION NO. 369-16 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 1 YEAR 3 AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 1 Year 3 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be ac- cepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the SRF Green Alley Project fund for the contract amount of $1,178,663.52 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN ALLEY PROJECT - BID SET 1 YEAR 3 The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the SRF Green Alley Project - Bid Set 1 Year 3, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $1,296,529.88. Dated this 1st day of November, 2016. /s/Gus Psihoyos, City Engineer Book 146 Regular Session, November 7, 2016 422 Filed in the office of the City Clerk on the 1st day of November, 2016. /s/Kevin S. Firnstahl, City Clerk RESOLUTION NO. 370-16 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 1 YEAR 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 6 inclusive is hereby approved for the SRF Green Alley Project - Bid Set 1 Year 3. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the im- provements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in propor- tion to the special benefits conferred and not in excess of twenty-five percent (25%) of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the no- tice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $500.00 or more are payable in 15 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and will draw annual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Sec- tion 384.65 of the Code of Iowa. Each install- ment will be delinquent from October 1 follow- ing its due date on July 1 of each year. How- ever, when the last day of September is a Sat- urday or Sunday, that amount shall be delin- quent from the second business day of Octo- ber. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY OF DUBUQUE, IOWA FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS DATE: NOVEMBER 11, 2016 The following schedule is hereby deter- mined to show each lot proposed to be as- sessed for the improvement shown in the title together with the amount proposed to be as- sessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PARCEL NUMBER; PROPERTY OWNER NAME; LOT DESCRIPTION; STREET AD- DRESS; NET ASSESSED VALUATION; VALUATION WITH IMPROVEMENT; NET PAVING IMPROVEMENT COST; TOTAL PUBLIC IMPROVEMENT COST; WATER SERVICE PRIVATE COST; TOTAL NET AS- SESSMENT; PUBLIC IMPROVEMENTS AS- SESSMENT Alley Between E. 16th St., E. 17th St. from White St. and Jackson St. 1024267001; Tri-Corner Properties, LLC; N 1/5 city Lot 485; 1690 White St; $89,040; $90,282.24; $1,242.24; $1,242.24; $1,242.24; $1,242.24 1024267002; Faith Investment Group LLC; N 1/2 NM 1/5 Of City Lot 485; 1672 White St; $47,430; $48,051.12; $621.12; $621.12; $920.00; $1,541.12; $621.12 1024267003; Palmer, Judith D; S 1/2 of the N.M. 1/5 of city Lot 485; 1670 White St; $50,180; $50,801.12; $621.12; $621.12; $621.12; $621.12 1024267004; Freiburger, William F; M 1/5 of city Lot 485; 1660 White St; $81,970; $83,212.24; $1,242.24; $1,242.24; $1,242.24; $1,242.24 1024267005; Nottingham Properties LLC; N 22'4"-N 40'-SM 1/5 of city Lot 485; 1628 White St; $46,050; $46,591.78; $541.78; $541.78; $541.78; $541.78 1024267006; Nottingham Properties LLC; S 17'8"-N 40'-SM 1/5 of city Lot 485; 1620 White St; $44,320; $44,748.72; $428.72; $428.72; $428.72; $428.72 1024267007; Radius Church Inc; S 1/5 & S 11.2' of SM 1/5 & Lots A, B, & C all of city Lot 485; 1600 White St; $216,470; $217,994.90; $1,524.90; $1,524.90; $1,524.90; $1,524.90 1024267008; Mid-America Property Man- agement LLC; N 1/5 of city Lot 492; 1697 Book 146 Regular Session, November 7, 2016 423 Jackson St; $83,220; $84,462.24; $1,242.24; $1,242.24; $1,242.24; $1,242.24 1024267009; Ray, Richard M & Judy L; N 1/2-NM 1/5 of city Lot 492; 1675 Jackson St; $51,960; $52,581.12; $621.12; $621.12; $621.12; $621.12 1024267010; Danielle M. Stowell; S 1/2 - NM 1/5 of city Lot 492; 1667 Jackson St; $50,800; $51,421.12; $621.12; $621.12; $621.12; $621.12 1024267011; Welter, Wayne J; M 1/5 of city Lot 492; 1657 Jackson St; $64,910; $66,152.24; $1,242.24; $1,242.24; $1,242.24; $1,242.24 1024267012; Erin L. & Robert K. Daugh- ters; Lot 1 of SM 1/5 city Lot 492; 1631 Jack- son St; $98,270; $98,927.51; $657.51; $657.51; $657.51; $657.51 1024267013; Welter, Wayne J; Lot 2 of SM 1/5 city Lot 492; 1629 Jackson St; $58,300; $58,884.73; $584.73; $584.73; $584.73; $584.73 1024267014; Summers, Felon M - City Housing; N 25'2" - S 1/5 of city Lot 492; 1605 Jackson St; $56,660; $57,271.42; $611.42; $611.42; $611.42; $611.42 1024267015; Currier, Glenda F; S 26' - S 1/5 of city Lot 492; 1603 Jackson St; $65,660; $66,290.83; $630.83; $630.83; $630.83; $630.83 Alley Between E. 18th St. to E. 19th St. from White St. to Jackson St. 1024257001; Kaesbauer, Catherine A, Erner, Constance M & John; N 1/2 - N 1/5 - city Lot 487; 124 E 19th St; $32,910; $33,531.12; $621.12; $621.12; $621.12; $621.12 1024257002; Federal National Mortgage Association; S 1/2-N 1/5 of city Lot 487; 1882 White St; $35,650; $36,271.12; $621.12; $621.12; $621.12; $621.12 1024257003; Mid-America Property Man- agement LLC; NM 1/5 of city Lot 487 1876- 1878 White; 1876 White St; $111,190; $112,432.24; $1,242.24; $1,242.24; $1,242.24; $1,242.24 1024257004; Mid-America Property man- agement LLC; N 1/2-M 1/5 city Lot 487; 1852 White St; $41,830; $42,451.12; $621.12; $621.12; $621.12; $621.12 1024257005; Ehrlich, Kevin L; S 1/2 M 1/5 city Lot 487; 1850 White St; $53,410; $54,031.12; $621.12; $621.12; $621.12; $621.12 1024257006; Ehrlich, Kevin L; N 1/2 SM 1/5 city Lot 487; 1848 White St; $45,290; $45,911.12; $621.12; $621.12; $621.12; $621.12 1024257007; Ehrlich, Kevin L; S 1/2 SM 1/5 city Lot 487; 1824 White St; $46,900; $47,521.12; $621.12; $621.12; $621.12; $621.12 1024257008; Lakeside Investments LLC; S 1/5 city Lot 487; 1814 White St; $96,010; $97,252.24; $1,242.24; $1,242.24; $460.00; $1,702.24; $1,242.24 1024257009; T & M Investment Properties LLC; Lot 2 of N 1/5 of city Lot 490; 1889 Jack- son St; $44,973; $45,463.10; $490.10; $490.10; $490.10; $490.10 1024257010; T & M Investment Properties LLC; Lot 1 of N 1/5 of city Lot 490; 1885 Jack- son St; $42,000; $42,775.68; $775.68; $775.68; $775.68; $775.68 1024257011; Mid-America Property Man- agement LLC; NM 1/5 city Lot 490; 1877 Jack- son St; $46,210; $47,452.24; $1,242.24; $1,242.24; $1,242.24; $1,242.24 1024257012; Community Housing Initia- tives; N 1/2 M 1/5 city Lot 490; 1849 Jackson St; $12,750; $13,371.12; $621.12; $621.12; $621.12; $621.12 1024257013; Klauer, Robert F; Lot 2-SM 1/5 of city Lot 490 & S 1/2 M 1/5 of city Lot 490; 1845 Jackson St; $64,870; $65,591.33; $721.33; $721.33; $721.33; $721.33 1024257014; Harold Avenarius; Lot 1-1 OF SM 1/5 of city Lot 490; 1831 Jackson St; $32,130; $32,692.89; $562.89; $562.89; $950.00; $1,512.89; $562.89 1024257015; Michael J & Amber Vanhorn Jr; Lot 2-1-SM 1/5 of city Lot 490; 1829 Jack- son St; $31,500; $32,083.03; $583.03; $583.03; $583.03; $583.03 1024257016; Bay, Susan M & Gary E; N 1/2 S 1/5 of city Lot 490; 1815 Jackson St; $50,280; $50,901.12; $621.12; $621.12; $621.12; $621.12 1024257017; Bay, Gary E & Susan M; S 1/2 S 1/5 city Lot 490; 1805 Jackson St; $63,220; $63,841.12; $621.12; $621.12; $621.12; $621.12 Alley Between E. 19th St. to E. 20th St. from White St. to Jackson St. 1024254001; Jaeger, Jeffrey J D/B/A J- Four Investment Co; S 1'2"- N 1/5 city Lot 488 & N 3/4 - NM 1/5 city Lot 488; 1998 White St; $70,520; $71,480.80; $960.80; $960.80; $644.00; $1,604.80; $960.80 1024254002; Jaeger, Jeffrey J D/B/A J- Four Investment Co; N 1/2 M 1/5 of city Lot 488 & S 1/4 NM 1/5 of city Lot 488; 1960 White St; $50,980; $51,601.12; $621.12; $621.12; $552.00; $1,173.12; $621.12 1024254003; Jaeger, Jeffrey J D/B/A J- Four Investment Co; S 3/4 M 1/5 of city Lot 488 1950-1952 White; 1950 White St; $54,360; $55,291.68; $931.68; $931.68; $931.68; $931.68 1024254004; Jones, Darrell F; N 23'7" N 49'7" of SM 1/5 of city Lot 488; 1936 White St; $62,840; $63,415.02; $575.02; $575.02; $460.00; $1,035.02; $575.02 Book 146 Regular Session, November 7, 2016 424 1024254005; Valdez, Gloria; S 26' N 49'7" SM 1/5 of city Lot 488; 1922 White St; $26,430; $27,060.83; $630.83; $630.83; $630.83; $630.83 1024254006; MK Properties LLC; S 1.5' SM 1/5 & the N 28.2' S 1/5 of city Lot 488 1906-1908 White; 1906 White St; $55,700; $56,420.60; $720.60; $720.60; $983.25; $1,703.85; $720.60 1024254007; MCSTAC Properties LLC; S 23' of the S 1/5 of city Lot 488; 1902 White St; $108,350; $108,842.61; $492.61; $492.61; $492.61; $492.61 1024254008; Davis, Kevin C & Lenora L; S 52'5" N 2/5 of city Lot 489; 1997 Jackson St; $79,920; $81,191.36; $1,271.36; $1,271.36; $1,271.36; $1,271.36 1024254009; McMahon Real Estate Rent- als LLC; N 48.2' of M 1/5 of city Lot 489; 1949 Jackson St; $83,090; $84,259.45; $1,169.45; $1,169.45; $460.00; $1,629.45; $1,169.45 1024254010; Brandel, Brian; SM 1/5 & S 3' M 1/5 of city Lot 489 1913-1917 Jackson; 1913 Jackson St; $192,808; $194,123.03; $1,315.03; $1,315.03; $1,315.03; $1,315.03 1024254011; Winger Construction LC; Lot 2 of S 1/5 of city Lot 489; 1905 Jackson St; $29,070; $29,847.13; $777.13; $777.13; $777.13; $777.13 1024254012; McMahon Real Est Rentals LLC; Lot 1 of S 1/5 of city Lot 489; 1903 Jack- son St; $61,120; $61,580.26; $460.26; $460.26; $950.00; $1,410.26; $460.26 Alley Between E. 20th St. to E. 21st St. from White St. to Jackson St. 1024213001; Lakeside Investments LLC; W 1/2-Lot 43 & S 28'-W 1/2-Lot 42 L H Lang- worthy's Add; 2062 White St; $34,650; $37,050.78; $2,400.78; $2,400.78; $2,400.78; $2,400.78 1024213002; Leon, Gonzalo & Martha Jaramillo Rodriquez; N 32'-W 1/2-Lot 44 L H Langworthy's Add; 2050 White St; $47,020; $47,796.40; $776.40; $776.40; $776.40; $776.40 1024213003; JRK Properties LLC; S 32'-W 1/2-Lot 44 L H Langworthy's Add 2044-2044 1/2 White; 2044 White St; $48,610; $49,386.40; $776.40; $776.40; $776.40; $776.40 1024213004; Saint Paul’s Evangelical Lu- theran Church; N 30'-Lot 7 Steiner's Add; Jackson St; $4,210; $4,937.88; $727.88; $727.88; $727.88; $727.88 1024213005; Saint Paul’s Evangelical Lu- theran Church; S 20'-Lot 7 Steiner's Add; Jackson St; $2,420; $2,905.25; $485.25; $485.25; $485.25; $485.25 1024213006; Saint Paul’s Evangelical Lu- theran Church; Lot 8 Steiner's Add; Jackson St; $7,150; $8,363.13; $1,213.13; $1,213.13; $1,213.13; $1,213.13 1024213007; Beversdorf, Ronald C & Sandra Jean; N 30'-9 Steiners Add 2018-2018 1/2 White; 2018 White St; $74,500; $75,227.88; $727.88; $727.88; $727.88; $727.88 1024213008; Trierweiler, Dennis R & Sara S; S 20'-Lot 9 & N 24'-Lot 10 Steiner's Add; 2010 White St; $60,980; $62,047.55; $1,067.55; $1,067.55; $1,067.55; $1,067.55 1024213009; All In One Properties LLC; S 26'-Lot 10 Steiner's Add; 2002 White St; $85,739; $86,369.83; $630.83; $630.83; $630.83; $630.83 1024213010; Joshua D. Weiland; Lot 3 & Lot 2-2 Of E 1/2-Lots 42 & 43 L H Langwor- thy's Add; 2073 Jackson St; $44,770; $45,253.34; $483.34; $483.34; $483.34; $483.34 1024213011; Terris, Joyce M; N 25'-Lot 1- 2-E 1/2-Lots 42 & 43 L H Langworthy's Add; 2063 Jackson St; $34,740; $35,255.41; $515.41; $515.41; $515.41; $515.41 1024213012; Terris, Joyce M; S 25'-Lot 1- 2-"E 1/2-Lot 42 & E 1/2-Lot 43" L H Langwor- thy's Add; 2061 Jackson St; $36,490; $37,062.68; $572.68; $572.68; $572.68; $572.68 1024213013; Paul J. & Cindy M. Lester; Lot 1 - E 1/2 Lot 42 & E 1/2 Lot 43 L H Lang- worthy's Add; 2059 Jackson St; $20,810; $21,588.84; $778.84; $778.84; $460.00; $1,238.84; $778.84 1024213014; Elizabeth A. Brune; N 18'5"- N 50'-E 1/2-Lot 44 L H Langworthy's Add; 2053 Jackson St; $47,140; $47,561.95; $421.95; $421.95; $421.95; $421.95 1024213015; Schmit, Richard J; S 31'7"-N 50'-E 1/2-Lot 44 L H Langworthy's Add; 2045 Jackson St; $79,960; $80,683.41; $723.41; $723.41; $723.41; $723.41 1024213016; Saint Paul’s Evangelical Lu- theran Church; S 14'-E 1/2-Lot 44 L H Lang- worthy's Add & N 26'-Lot 14 Steiner's Add; Jackson St; $5,120; $6,036.29; $916.29; $916.29; $916.29; $916.29 1024213017; Saint Paul’s Evangelical Lu- theran Church; S 24'-Lot 14 Steiner's Add; Jackson St; $2,900; $3,449.77; $549.77; $549.77; $549.77; $549.77 1024213018; Saint Pauls Evangelical Lu- theran Church; Lots 11, 12 & 13 Steiner's Add; 2005 Jackson St; $283,610; $287,046.08; $3,436.08; $3,436.08; $3,436.08; $3,436.08 Alley Between E. 21st St. to E. 22nd St. from White St. to Jackson St. 1024208001; Dubuque Savings & Loan Assoc.; Faha Place & W 1/2-Lot 35 & N 1/2-W 1/2-Lot 36 L H Langworthy's Add; 2196 White St; $254,300; $257,155.87; $2,855.87; $2,855.87; $2,855.87; $2,855.87 1024208002; Firstar Bank Iowa N A; N 1/2- W 1/2-Lot 37 L H Langworthy's Add 2140- Book 146 Regular Session, November 7, 2016 425 2140 1/2 White; 2140 White St; $9,920; $10,637.18; $717.18; $717.18; $717.18; $717.18 1024208003; CCRC Properties LLC; S 1/2- W 1/2-Lot 37 L H Langworthy's Add 2138- 2138 1/2 White; 2138 White St; $83,660; $84,379.43; $719.43; $719.43; $719.43; $719.43 1024208004; French Market Estates LC; N 1/2-W 1/2-Lot 38 L H Langworthy's Add 2136- 2136 1/2 White; 2136 White St; $58,200; $58,921.79; $721.79; $721.79; $721.79; $721.79 1024208005; Mid America Property Man- agement LLC; SW 1/2-Lot 38 L H Langwor- thy's Add; 2134 White St; $53,760; $54,483.93; $723.93; $723.93; $723.93; $723.93 1024208006; Mid-America Property Man- agement LLC; Lot 2-N 58'-W 1/2-Lot 39 L H Langworthy's Add; 2132 White St; $45,630; $46,140.59; $510.59; $510.59; $510.59; $510.59 1024208009; Stockel, Craig & Elaine; S 6'- W 1/2-Lot 39 & N 22'- W 1/2-Lot 40 L H Lang- worthy's Add; 2124 White St; $33,600; $34,240.75; $640.75; $640.75; $640.75; $640.75 1024208010; Stockel, Craig & Elaine; S 42'-W 1/2-Lot 40 & N 18'- W 1/2-Lot 41 L H Langworthy's Add; 2100 White St; $163,632; $165,010.45; $1,378.45; $1,378.45; $1,378.45; $1,378.45 1024208011; Stockel, Craig & Elaine; N 37'-S 46'-W 1/2-Lot 41 L H Langworthy's Add; 2100 W hite St; $103,410; $104,267.47; $857.47; $857.47; $857.47; $857.47 1024208012; McCurdy, Robert L & Jerome D; E 12'-Lot 35 L H Langworthy's Add 2167- 2167 1/2 Jackson; 2167 Jackson St; $57,400; $58,829.01; $1,429.01; $1,429.01; $1,429.01; $1,429.01 1024208013; Gray, Randall W & Holly L; NE 1/4-Lot 36 L H Langworthy's Add; 2165 Jackson St; $74,430; $75,144.50; $714.50; $714.50; $714.50; $714.50 1024208014; Severns, Edward Patrick & Rebecca Jane; SE 1/4-Lot 36 L H Langwor- thy's Add; 2163 Jackson St; $74,310; $75,024.50; $714.50; $714.50; $714.50; $714.50 1024208015; Community Housing Initia- tives Inc; N 27.4'-E 1/2-Lot 37 L H Langwor- thy's Add; 2139 Jackson St; $91,810; $92,421.79; $611.79; $611.79; $611.79; $611.79 1024208016; Valdez, Gloria; Lot 2-S 36'6"- E 1/2-Lot 37 L H Langworthy's Add; 2137 Jackson St; $34,440; $34,831.19; $391.19; $391.19; $391.19; $391.19 1024208017; Brokus, Karen R; Lot 1-S 36'6"-E 1/2-Lot 37 L H Langworthy's Add; 2135 Jackson St; $34,210; $34,636.85; $426.85; $426.85; $426.85; $426.85 1024208018; Hayes, Casie L & Schu- macher, Joey L; N 38'6"-E 1/2-Lot 38 L H Langworthy's Add; 2131 Jackson St; $64,320; $65,183.24; $863.24; $863.24; $863.24; $863.24 1024208019; Kennedy, Karolyn A; S 25 1/2'-E 1/2 of Lot 38 L H Langs Add; 2123 Jackson St; $59,810; $60,382.61; $572.61; $572.61; $460.00; $1,032.61; $572.61 1024208026; Mid-America Property Man- agement LLC; Lots 1-1 & 2-1 both of N 58'w 1/2 of Lot 39 LH Langworthy’s Add (2128/2130 White); 2128 White St; $48,160; $48,968.22; $808.22; $808.22; $808.22; $808.22 1024208020; Severns, Rebecca J & Ed- ward P; Lot 2-E 1/2 of Lot 39 & N 54' of the E 1/2 of Lot 40 L H Langs Add; 2113 Jackson St; $37,970; $38,466.78; $496.78; $496.78; $496.78; $496.78 1024208021; Severns, Rebecca J & Ed- ward P; Lot 2-1 of "Sub of E 1/2-39 & N 54'-E 1/2-40" L H Langworthy's Add; 2111 Jackson St; $35,440; $35,859.10; $419.10; $419.10; $419.10; $419.10 1024208022; Henkel, Gary T & Constance J; Lot 2-1-1-1 & Lot 2-1-1 of "Sub of E 1/2-39 & N 54'-E 1/2 -40" L H Langs; 2109 Jackson St; $114,810; $115,932.02; $1,122.02; $1,122.02; $1,122.02; $1,122.02 1024208023; Olep, Erik J; Lot 1-1-1-1 of "Sub of N 54'- E 1/2-40 & E 1/2-39 L H Lang- worthy's Add; 2107 Jackson St; $53,360; $53,986.42; $626.42; $626.42; $626.42; $626.42 1024208024; Olep, Erik J; N 10.9'-N 55.9'- E 1/2-Lot 41 & S 10'-E 1/2-Lot 40 L H Lang- worthy's Add; Jackson St; $4,790; $5,265.75; $475.75; $475.75; $475.75; $475.75 1024208025; Stockel, Craig & Elaine; S 45'-N 55'9"-E 1/2-Lot 41 L H Langworthy's Add; Jackson St; $16,565; $17,589.08; $1,024.08; $1,024.08; $1,024.08; $1,024.08 Alley Between E. 18th St. to E. 19th St. from Jackson St. to Washington St. 1024258016; Armstrong, Michael D & Mar- cy Lynn; Lot 1-94, 2-94, 2-95, & 1-1-95 East Dubuque Add; 1845 Washington St; $182,344; $184,388.58; $2,044.58; $2,044.58; $2,044.58; $2,044.58 1024258003; Dickey, David A & Kathy M; Lot 1-28 in East Dubuque Add; 1866 Jackson St; $107,290; $107,913.79; $623.79; $623.79; $920.00; $1,543.79; $623.79 1024258012; City of Dubuque Iowa City Hall; N 1/2 of Lot 93 East Dubuque Add; Washington St; $7,500; $8,121.12; $621.12; $621.12; $621.12; $621.12 1024258013; City of Dubuque Iowa City Hall; S 1/2 of Lot 93 East Dubuque Add; Book 146 Regular Session, November 7, 2016 426 Washington St; $7,500; $8,121.12; $621.12; $621.12; $621.12; $621.12 1024258014; City of Dubuque Iowa City Hall; Lot 92 East Dubuque Add; Washington St; $10,100; $11,342.24; $1,242.24; $1,242.24; $1,242.24; $1,242.24 1024258015; Martelle, Barbara J & Charles L; Lots 1-27, 2-2-27, 1 & 2 of 2-28 & 1-2-27 All in East Dubuque Add; 1882 Jackson St; $121,889; $123,764.49; $1,875.49; $1,875.49; $1,875.49; $1,875.49 1024258004; Birch, Annette M; Lot 1-29 In East Dubuque Add; 1848 Jackson St; $42,980; $43,615.19; $635.19; $635.19; $635.19; $635.19 1024258005; Bailey, James P; Lot 2-29 East Dub Add; 1846 Jackson St; $53,600; $54,212.39; $612.39; $612.39; $612.39; $612.39 1024258006; Miles, John D & Lisa M; Lot 30 East Dub Add; 1830 Jackson St; $63,950; $65,192.24; $1,242.24; $1,242.24; $1,242.24; $1,242.24 1024258008; Cub Properties Inc; Lot 96 & 2-1-95 East Dubuque Add; 260 E 19TH ST; $122,405; $124,103.40; $1,698.40; $1,698.40; $1,698.40; $1,698.40 1024258018; Bartolotta, Joseph J & Laurie L; Sly 26'6" of Lot 31 East Dubuque Add; 1800 Jackson St; $92,660; $93,266.56; $606.56; $606.56; $606.56; $606.56 1024258017; MVP Dubuque LLC; N 25' of Lot 31 in East Dubuque Add; 1814 Jackson St; $61,690; $62,296.56; $606.56; $606.56; $606.56; $606.56 11. Delinquent Bush, Brush and Vegetation Collection Accounts (Leisure Services): City Manager recommending approval of the Final Assessment Schedule for bushes / brush / vegetation enforcement against the owner of private property at 2901 Olde Country Lane. Upon motion the documents were received and filed and Resolution No. 371-16 Adopting the Schedule of Assessments for 2910 Olde Country Lane and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof were adopted. RESOLUTION NO. 371-16 ADOPTING THE SCHEDULE OF ASSESS- MENTS FOR 2901 OLDE COUNTRY LANE AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESS- MENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Sched- ule of Assessments attached hereto for bush- es / brush / vegetation removal tax assess- ments which Schedule of Assessments was filed in the office of the City Clerk on the 27th day of October, 2016 the said Schedule of Assessments be and the same is hereby ap- proved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sum indicated. That the City Clerk be and is hereby di- rected to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publi- cation of which shall not be more than fifteen days from the date of filing of the final sched- ule. On or before the date of the second publi- cation of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessment may be paid in full or in part without interest at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, adopted and approved this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk City of Dubuque Final Schedule of Assessments Delinquent Bush, Brush and Vegetation Account Parcel: 1015302002 Owner: Craig & Gretchen Nordenson, 2901 Olde Country Lane, Dubuque, IA 52001 Property Address; 2901 Olde Country Lane Legal Description: Lot 2, Block 3 Highland Total: $325.00 12. Delinquent Garbage Collection Charg- es (Housing Department): City Manager rec- ommending approval of a resolution authoriz- ing the City to certify garbage collection charg- es to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 372-16 Authorizing the City to collect delin- quent garbage collection charges in accord Book 146 Regular Session, November 7, 2016 427 ance with Title 6-6-3C2o; Title 6-6-4B3 & Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 372-16 AUTHORIZING THE CITY TO COLLECT DE- LINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-6-3C2o; TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the at- tached Garbage Assessment Schedule are delinquent in the payment of garbage collec- tion charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Gar- bage Assessment Schedule are delinquent in the payment of garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 7th day of November, 2016. Roy D Buol, Mayor Attest: Kevin S Firnstahl, City Clerk Schedule of Assessments Delinquent Garbage Collection Charges November 11, 2016 Location, Legal Description, Owner, Parcel #, Amount, Category 2401 Windsor, Lot 1 of the Sub of Lots 1 & 2-2; and Lot 1-2 both in Windsor Ave Sub, JG Investments LLC; 9120 Long Tail Ln; Dubuque IA 52003, 1013453029, $124.00, garbage 1266 Jackson, S 1/2 Lot 58 East Dubuque Add & N 1'6" - N 1/2 - Lot 59 East Dubuque Add, Moonlit Beaches Investments LLC; 816 Vine St; Maquoketa IA 52060, 1024435006, $100.00, garbage 2320 Jackson, Lot 65 L H Langworthy's Add, Cooper, Daniel L; 2320 Jackson St; Dubuque IA 52001, 1013459006, $110.00, garbage 1555 Central, N 23.2' of M 1/5 of city Lot 451 1555-1555 1/2 Central Ave, Specht, Timo- thy L; 8760 Kemp CT; Dubuque IA 52003, 1024403013, $80.00, garbage 2901 Jackson, E 85' of E 170' of Lot 346 Davis Farm Add 2901-2903-2905 Jackson, Moore, Kenneth John A/K/A Kenneth J Moore; 803 Grant CT; Maquoketa IA 52060, 1013153020, $124.00, garbage 25 W 15th, Lot 1 of Winner Place, Empress Enterprises LLC; 199 New Montgomery St #706 San Francisco CA 94105, 1024403017, $355.00, garbage 2776 Central, W 170'- 284 Davis Farm Add, Robey, Delbert R; 2776 Central Ave; Dubuque IA 52001, 1013308001, $65.00, gar- bage 1358 Locust, N 1/2 of M 1/5 of city Lot 476, Hodder, Walter W & Dorothy D; 1358 Locust St; Dubuque IA 52001, 1024410002, $165.00, garbage 1997 Jackson, S 52'5" N 2/5 of city Lot 489, Davis, Kevin C & Lenora L; 1997 Jackson St; Dubuque IA 52001, 1024254008, $140.00, garbage 35 W 15th, E 1/2-S 88'-E 1/2-S 2/5 of city Lot 454 35-35 1/2 W 15th St, High Perfor- mance Properties LLC; 8505 Southern Hills CT; Dubuque IA 52003, 1024403009, $75.00, garbage 375 Dorgan, Lot 6 Dorgans Sub, Perry, Jodie L; 375 Dorgan Pl; Dubuque IA 52001, 1024180026, $617.00, garbage 640 Alta Vista, Lot 38 Oxford Hgts Lot 2-39 & Lot 2-36 Oxford Hgts, Engelken, Thomas A; 2022 Camelot Dr.; Allen TX 75013, 1025107013, $96.00, garbage 529 Pickett, Lot 2-1-E 65'-5, Lot 2-E 65'- 6, Lot 2-N 26'-E 65'-7 All In Henion & Bairds Sub.; Also, Lot 1-1-4 In Yates & Pickett 529- 535 Pickett, Nottingham Properties LLC; 485 Locust St; Dubuque IA 52001, 1024332022, $175.00, garbage 539 Pickett, Lot 1-1-E 65'-5, Lot 1-E 65'- 6, Lot 1-E 65'-N 26'-7, all in Henion & Bairds, Nottingham Properties LLC, 485 Locust St, Dubuque IA 52001, 1024332021, $155.00, garbage 2516 Queen, Lot 50 Staffords Add, Crooks, Anna K & Richard; 2516 Queen St; Dubuque IA 52001, 1013414001, $447.50, garbage 1293 Bluff, Lots 767 & 768A both in a Mc Daniels Sub 1293-1299 Bluff St, Tri-Corner Properties LLC; 1008 Walnut St; Dubuque IA 52001, 1024340027, $155.00, garbage Book 146 Regular Session, November 7, 2016 428 308 Hill, Lot 1-3 Buettell & Langs 308 Hill & 993 W 3rd St, Kammiller, Fredrick J III Aka Fredrick Joseph Kammiller Living Revocable Trust; 17470 Kammiller Ln; Durango IA 52039, 1025177013, $96.00, garbage 13. Special Assessment for Sidewalk Re- pair - 2749 Broadway Street: City Manager recommending the levy of special assessment for the sidewalk repair at 2749 Broadway. Up- on motion the documents were received and filed and Resolution No. 373-16 Adopting the Final Assessment Schedule for Sidewalk Re- placement Assessment Project was adopted. RESOLUTION NO. 373-16 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR SIDEWALK REPLACE- MENT ASSESSMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Sidewalk Replacement As- sessment Project. There is hereby assessed and levied as a special tax against and upon each of the bene- fited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the im- provements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 364.12. Said assessments against said lots are hereby declared to be in propor- tion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the no- tice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubu- que, Iowa at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa and will draw annual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Sec- tion 384.65 of the Code of Iowa. Each install- ment will be delinquent from October 1 follow- ing its due date on July 1 of each year. How- ever, when the last day of September is a Sat- urday or Sunday, that amount shall be delin- quent from the second business day of Octo- ber. Unpaid balances will draw the same de- linquent interest as ordinary taxes. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk City of Dubuque, Iowa 2016 Sidewalk Repair Assessment Final Assessment: November 7, 2016 The following schedule is hereby deter- mined to show each lot proposed to be as- sessed for the improvement shown in the title together with the amount proposed to be as- sessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. Property Owner Name, Lot Description, Parcel Number, Mailing Address, City, State, Zip, Street Address, Valuation with Improvement, Sidewalk Assessment, Ad- ministrative Fee, Total Net Assessment Willey Properties LLC; Lot 35 South Park Hill Add; 1013304005; 3060 Pennsylvania Avenue; Dubuque, IA 52002; 2749 Broadway; $78,230.00; $800.00; $120.00; $920.00 14. Civil Service Commission - Certified Lists: Civil Service Commission submitting the Certified List for Fire Promotional positions of Assistant Fire Chief, Assistant Fire Marshal, Fire Captain, Fire Lieutenant, EMS Supervisor and Medical Office; and the Recertified List for the position of Utility Worker. Upon motion the documents were received, filed and made a Matter of Record. September 26, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, examinations for the positions of Medical Officer, Fire Lieutenant, Fire Captain, EMS Supervisor, Assistant Fire Chief, and Assistant Fire Marshal were given on August 30-31, 2016. We hereby certify that the indi- viduals listed below have passed these written examinations and the vacancy for these posi- tions should be made from this list and that this list is good for two (2) years from above date. Book 146 Regular Session, November 7, 2016 429 Medical Officer Dan Dietzel Timothy Schmidt Fire Lieutenant Kyle Burke Martin Fitzpatrick Mark Weitz Ed Lahey Fire Captain David McQuiggin Ted George Jeffrey Sanderfield Nicholas Esch Jerrod Atkinson EMS Supervisor Jeffrey Sanderfield Assistant Fire Chief Lawrence Ewert Charles Blasen Wayne Dow Kevin Esser Jeffrey Sanderfield David Grass Assistant Fire Marshal No passing scores Eligible Employee: Michael Lynch for Fire Lieutenant Respectfully submitted, Dan White, Chairperson Civil Service Commission 15. Retitling of Forester Position: City Manager recommending approval of the elimi- nation of one Forester position and the crea- tion of one Urban Forester position in the Lei- sure Services Department. Upon motion the documents were received, filed and approved. 16. Acceptance of Deed for Property at 730 Cody Drive: City Manager recommending approval of a resolution accepting the deed to property purchased from George E. and Doro- thy S. Roepsch located at 730 Cody Drive. Upon motion the documents were received and filed and Resolution No. 374-16 Accepting the Deed to certain real Estate in Dubuque County, Iowa from George E. Roepsch and Dorothy S. Roepsch was adopted. RESOLUTION NO. 374-16 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM GEORGE E. ROEPSCH AND DORO- THY S. ROEPSCH Whereas, the City of Dubuque entered into an Agreement on July 18, 2016 with George E. Roepsch and Dorothy S. Roepsch, as amend- ed by First Amendment dated September 29, 2016, for the purchase of certain real property in Dubuque County, Iowa, described as fol- lows: Lot 1 of Roepsch Place No. 2, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The City of Dubuque, Iowa hereby ac- cepts the Deed from George E. Roepsch and Dorothy S. Roepsch, a copy of which is at- tached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Property Tax Appeal Settlement for Nordstrom, Inc.: Senior Counsel recommend- ing approval of the Stipulations of Settlement regarding property tax assessment appeals filed by Nordstrom, Inc., for property at 5050 Chavenelle Road. Upon motion the documents were received, filed and approved. 18. W.C. Stewart Construction v. Dubuque Regional Airport & City of Dubuque: City Man- ager recommending approval of a resolution which authorizes the City Manager to arrange for payment on the best terms and conditions possible in the case of W.C. Stewart Construc- tion, Inc. v. Dubuque Regional Airport, Dubu- que Regional Airport Commission, and the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 375-16 Authorizing the City Manager to pay the judg- ment against the City for the benefit of W.C. Steward Construction, Inc. and negotiate the terms and conditions of payment was adopted. RESOLUTION NO. 375-16 AUTHORIZING THE CITY MANAGER TO PAY THE JUDGMENT AGAINST THE CITY FOR THE BENEFIT OF W.C. STEWART CONSTRUCTION, INC. AND NEGOTIATE THE TERMS AND CONDITIONS OF PAY- MENT Whereas, a judgment, which is attached, was entered on October 5, 2016 against the City of Dubuque for the benefit of W.C. Stew- art Construction, Inc., and Whereas, the City needs to pay the judg- ment, and Whereas, the City Council desires the City Manager arrange for payment of the judgment with the best terms and conditions for the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Book 146 Regular Session, November 7, 2016 430 Section 1. The City Council hereby author- izes and directs the City Manager to arrange for payment of the judgment to W.C. Stewart Construction and negotiate the terms and con- ditions of said payment. Passed, approved and adopted this 7th day of November, 2016 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Workers' Compensation Settlement Agreement for Doug Brehm: City Attorney rec- ommending approval of a Workers' Compen- sation Settlement Agreement filed by Transit employee Doug Brehm. Upon motion the doc- uments were received, filed and approved. 20. Housing Choice Voucher Administra- tive Plan Amendments: City Manager recom- mending City Council approval of changes to the Housing Choice Voucher/Section 8 Chap- ter 4 Applications, Waiting List and Tenant Selection Administrative Plan. Upon motion the documents were received and filed and Resolution No. 376-16 Approving amendments to the Section 8 Administrative Plan was adopted. RESOLUTION NO. 376-16 APPROVING AMENDMENTS TO THE SEC- TION 8 ADMINISTRATIVE PLAN Whereas, the City of Dubuque is designat- ed as a Public Housing Authority; and Whereas, the City of Dubuque maintains a comprehensive Public Housing Agency Plan; and Whereas, the City of Dubuque desires to amend said Public Housing Agency Plan (Chapter 4); and Whereas, said amendments are approved by HUD, Resident Advisory Board and the Housing Commission, the amendments must be approved by resolution of the City Council for adoption and implementation; and Whereas, the Housing Commission held a public meeting on September 27, 2016; and Whereas, the Housing Commission voted to approve said amendments and recom- mended approval by the City Council NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Section 8 Administrative Plan Chapter 4 is hereby amended to adopt the changes to the Plan adjusting the Application Process, Waiting List Management and Selection, attached hereto as Exhibit A. Passed, approved and adopted this 7th day of November, 2016. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Delta Dental Plan Renewal: City Man- ager recommending approval of the Delta Dental renewal rates for the plan year begin- ning January 1, 2017 through December 31, 2017. Upon motion the documents were re- ceived, filed and approved. 22. Iowa Department of Transportation Project Notice: Correspondence from the Iowa Department of Transportation (IDOT) notifying the City of an upcoming bid letting for deck joint repair on U.S. Hwy 61 at Peosta Channel in March 2017. Upon motion the documents were received and filed. 23. Signed Contract(s): Four Mounds Foundation Winter Farmer's Market Lease of 1101 Central Avenue; Hillcrest Family Ser- vices Lease of Louis Murphy Park for holiday light display; Unison Solutions, Inc. Biogas Technology Demonstration License for the Water & Resource Recovery Center. Upon motion the documents were received and filed. 24. Improvement Contracts / Performance, Payment and Maintenance Bonds: Eastern Iowa Excavating & Concrete, LLC for the Cha- venelle Rd./NW Arterial Turn Lane Improve- ments Local Road Detour; Temperley Excavat- ing for the Heritage Trailhead Parking Lot Pro- ject. Upon motion the documents were re- ceived, filed and approved. 25. Alcohol Compliance Civil Penalty for Alcohol License Holder – Chocolaterie Stam Dubuque: City Manager recommending ap- proval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Chocolaterie Stam Dubuque, 269 Main Street. Upon motion the documents were re- ceived, filed and approved. 26. Alcohol and Tobacco License Applica- tions: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed and Reso- lution No. 377-16 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; and Resolution No. 378-16 Approving applications for retail ciga- rette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A were adopt- ed. RESOLUTION NO. 377-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- Book 146 Regular Session, November 7, 2016 431 UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Aldi, Inc. #30, 2160 Holliday Dr., Class C Liq- uor, Class B Wine (Sunday) Jumpin' Jane's Indoor Party & Play Center, 4292 Dodge St., Class B Beer (Sunday) Target Store T-0086, 3500 Dodge St., Class E Liquor, Class B Wine, Class C Beer (Sun- day) Yen Ching Restaurant, 926 Main St., Class C Liquor New Barrel House Dubuque, 299 Main St., Class C liquor (Sunday) Adding a Privilege Big 10 Mart, 2100 JF Kennedy Rd., Adding Carryout Wine Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 378-16 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Ciga- rette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; 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 oth- erwise 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 author- ized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Aragon Tap, 1103 Iowa St. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7-0. 1. Southwest Arterial - Military Road Re- construction Project Initiate: City Manager rec- ommending initiation of the public bidding pro- cedure through the Iowa Department of Trans- portation for the Southwest Arterial – Military Road Reconstruction Project, and further rec- ommends that a public hearing be set for No- vember 14, 2016. Upon motion the documents were received and filed and Resolution No. 379-16 Preliminary approval of plans, specifi- cations, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on Novem- ber 14, 2016 in the Historic Federal Building. RESOLUTION NO. 379-16 SOUTHWEST ARTERIAL - MILITARY ROAD RECONSTRUCTION PROJECT IOWA DOT PROJECT NO. HDP-2100 (664)--71-31 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Southwest Arterial - Military Road Reconstruction Project, Iowa DOT Project No. HDP-2100 (664)--71-31, in the estimated amount $7,078,100.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 14th day of November 2016, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of con- tract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a Book 146 Regular Session, November 7, 2016 432 newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Passed, adopted and approved this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Jule Operations and Training Center Project Initiate: City Manager recommending initiation of the public bidding procedure for the Jule Operations and Training Center Project, and further recommends that a public hearing be set for November 21, 2016. Upon motion the documents were received and filed and Resolution No. 380-16 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertise- ment for bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on November 21, 2016 in the Historic Federal Building. RESOLUTION NO. 380-16 JULE OPERATIONS AND TRAINING CEN- TER PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Jule Op- erations and Training Center Project in the estimated amount $5,474,900 are hereby pre- liminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 21st day of November, 2016, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of con- tract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. The Jule Operations and Training Center Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bid- ders hereby approved. The City Clerk is hereby directed to adver- tise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 4:00 p.m. on the 30th day of November, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 5th day of December, 2016, in the Historic Federal Building Council Cham- bers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Vacate Storm Sewer and Sanitary Sew- er Easement at 3225 and 3275 Pennsylvania Avenue: City Manager recommending the City Council set a public hearing for November 21, 2016 to vacate the storm and sanitary sewer easement across Lot 1 and Lot 2 of Lange Estate in the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 381-16 Resolution of Intent to vacate and dispose of City interest in a Storm and Sanitary Sewer Easement over and across Lot 1 and Lot 2 of Lange Estate (Origi- nally platted as Lot 1-2 of the Southwest ¼ of the Southwest ¼ of Section 22, T89N, R2E) in the City of Dubuque, Dubuque County, Iowa was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on Novem- ber 21, 2016 in the Historic Federal Building. RESOLUTION NO. 381-16 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A STORM AND SANITARY SEWER EASEMENT OVER AND ACROSS LOT 1 AND LOT 2 OF LANGE ESTATE (ORIGINALLY PLATTED AS LOT 1-2 OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 22, Book 146 Regular Session, November 7, 2016 433 T89N, R2E) IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Applewood IV LLC is the current owner of Lot 2 of Lange Estates (a portion of the property originally platted as Lot 1-2 of the Southwest ¼ of the Southwest ¼ of Section 22, T89N, R2E) in the City of Dubuque, Dubu- que County, Iowa; and Whereas, Dubuque Senior Housing IV LLC is the current owner of Lot 1 of Lange Estates (a portion of the property originally platted as Lot 1-2 of the Southwest ¼ of the Southwest ¼ of Section 22, T89N, R2E) in the City of Dubu- que, Dubuque County, Iowa; and Whereas, a storm and sanitary sewer easement was granted to the City in 1963 over Lot 1 and Lot 2 of Lange Estates (Originally Platted as Lot 1-2 of the Southwest ¼ of the Southwest ¼ of Section 22, T89N, R2E) ac- cording to deed record Bk. 181 Pg. 503 in the Dubuque County Recorder’s Office; and Whereas, the current property owners have granted new easements covering the existing locations of the water and storm sewer utilities across the properties; and Whereas, the current owners are request- ing that the City release the 1963 blanket utility easement so that future development areas within the properties are not encumbered; and Whereas, the City has no plans for any ad- ditional water or sewer main extensions in this area. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, in- tends to vacate and dispose of its interest in the storm and sanitary sewer easement across said Lot 1 and Lot 2 of Lange Estates (Origi- nally Platted as Lot 1-2 of the Southwest ¼ of the Southwest ¼ of Section 22, T89N, R2E) in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit. Section 2. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. South Pointe Housing Urban Renewal Area: City Manager recommending approval of a Resolution of Necessity that finds that the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area is both neces- sary and appropriate and sets a public hearing on the proposed plan for December 5, 2016. Upon motion the documents were received and filed and Resolution No. 382-16 Resolu- tion of Necessity finding that certain property in and near the South Pointe Subdivision is an Economic Development Area and that the de- velopment of said Area is necessary in the interest of the residents of the City of Dubu- que, Iowa and setting a date for hearing on a proposed Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on Decem- ber 5, 2016 in the Historic Federal Building. RESOLUTION NO. 382-16 RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IN AND NEAR THE SOUTH POINTE SUBDIVISION 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 HEAR- ING ON A PROPOSED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has determined that the creation of the South Pointe Housing Urban Renewal Ar- ea will stimulate, through public involvement and commitment, private investment in new housing and residential development as de- fined by Iowa Code 403.17(12), as described in the Urban Renewal Plan; and Whereas, the City Council has determined that the area described in Attachment A to this Resolution meets the definition of an economic development area as defined in Chapter 403 “Urban Renewal” of the Iowa Code; and Whereas, a significant need for housing units exists in the community and local re- sources are needed to advance the develop- ment; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, a City Council must adopt a resolu- tion of necessity finding that the area in ques- tion is a slum, blighted or economic develop- ment area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the munic- ipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposed South Pointe Housing Urban Renewal Area, generally de- scribed in Attachment A to this Resolution, is an economic development area as defined by Chapter 403 of the Iowa Code, appropriate for public improvements related to housing and residential development, and is appropriate for an urban renewal project. Section 2. That the development of the South Pointe Housing Urban Renewal Area is necessary and appropriate to facilitate the proper growth and development of the com- munity in accordance with sound planning and local community objectives. Book 146 Regular Session, November 7, 2016 434 Section 3. That the development of this ar- ea will provide new opportunities for quality housing and job creation in the community. Section 4. That the City Manager is author- ized and directed to prepare an Urban Renew- al Plan for the South Pointe Housing Urban Renewal Area, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consul- tation process required by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adop- tion of an Urban Renewal Plan for the South Pointe Housing Urban Renewal Area to be held on the 5th day of December, 2016, at 6:00 p.m. in the Historic Federal Building in Dubu- que, Iowa 350 W. 6th Street, Dubuque, Iowa and that said notice shall generally identify the area covered by the Plan and the general scope of the Urban Renewal Plan activities planned for such area. Section 6. That the City Clerk is further di- rected to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubu- que Community School District and the County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointment was made to the following Board/Commission. 1. Housing Trust Fund Advisory Commit- tee: One, 3-year term through August 17, 2019 (Expired term of Walsh). Applicant: John Walsh, 316 Spring Valley Rd. Motion by Lynch to appoint Mr. Walsh to a 3-year term through August 17, 2019. Seconded by Jones. Motion carried 7-0. PUBLIC INPUT Mary Gotz, 1844 Bennett Street, and member of the Dubuque Landlord’s Associa- tion, addressed future changes the City Coun- cil might be considering to the Housing Choice Voucher program and her concerns that they would limit the choice of landlords to partici- pate in the program or not. Ms. Gotz equated the choice to that of health care choices or that of local grocers to participate in the SNAP pro- gram. She questioned the need for an ordi- nance amendment since empty Section 8 housing exists. ACTION ITEMS 1. Iowa Mission of Mercy Summary Report: Dr. Heyo Tjarks, DDS provided a verbal report regarding the Iowa Mission of Mercy Clinic held on September 23 and 24, 2016 at the Five Flags Center. Dr. Tjarks thanked the staff and volunteers who participated and provided statistical information on the success of the event in terms of the number of clients served and procedures completed. Motion by Jones to receive and file the information. Seconded by Lynch. Motion carried 7-0. 2. National Disaster Resiliency Grant Up- date: Assistant City Manager Teri Goodmann, Housing & Community Development Depart- ment Director Alvin Nash and City Engineer Gus Psihoyos provided a status report on the HUD National Disaster Resiliency Competition Grant. Topics included introduction of support staff and partners; an explanation of the pur- pose, time line and financial breakdown of the grant; infrastructure improvements and sched- ule; and a description of the healthy homes repair types and rehabilitation services, grant income guidelines and the home advocate component. Motion by Connors to receive and file the documents. Seconded by Del Toro. Motion carried 7-0. 3. Cable Television Division - High- Definition Upgrade: Cable TV Coordinator Craig Nowack made a presentation to City Council showing the capabilities of the new video production facilities that will be used to produce City Council meetings in high defini- tion. Highlights included new cameras, speak- ers and monitors in the Chambers; improved conference telephone interface and enhanced technology room equipment and capabilities. Responding to questions from the City Coun- cil, Mr. Nowack explained that wireless hearing devices are available upon request. Motion by Connors to receive and file the information. Seconded by Lynch. Motion carried 7-0. 4. Marquette Hall - Urban Revitalization Area Designation: City Manager recommend- ing approval of a resolution to establish Mar- quette Hall (2222 Queen Street) as a property that meets the requirements for designation as an Urban Revitalization Area. Motion by Lynch to receive and file the documents and adopt Resolution No. 383-16 Finding that the desig- nation of the Marquette Hall Urban Revitaliza- tion Plan is necessary in the interest of public health, safety, and welfare of the residents of the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-0. Book 146 Regular Session, November 7, 2016 435 RESOLUTION NO. 383-16 FINDING THAT THE DESIGNATION OF THE MARQUETTE HALL URBAN REVITALIZA- TION PLAN IS NECESSARY IN THE INTER- EST OF PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA Whereas, the City Council of the City of Dubuque finds that the property at 2222 Queen Street, (Property) is currently vacant and underutilized, and Cohen-Esrey Affordable Partners (Marquette Hall, LLC), (Cohen-Esrey) has proposed to develop the Property by re- habilitating the former Sacred Heart Elemen- tary School into 28 historic and affordable sen- ior apartments; and Whereas, the City supports the develop- ment and construction of housing and residen- tial properties which provide quality, affordable housing; and Whereas, the Property is located in an ar- ea eligible for the Urban Revitalization Tax Exemption program; and Whereas, in the area proposed for desig- nation under the Urban Revitalization Act is an area in which there is a predominance of build- ings or improvements which by reason of age, history, architecture or significance should be preserved or restored to projective use Section 404.1(3) of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to receive a one hundred percent exemption from taxation on the actual value added by the improve- ments for a period of ten years so long as it is assessed as residential property or assessed as multi-family or commercial property, if the commercial property consists of three or more separate living quarters with at least seventy- five percent of the space used for residential purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The rehabilitation housing de- velopment at the Property legally described as: Lot #’s 31,32,33,34 Sanford Sub., ac- cording to the recorded plat thereof, is deemed necessary and in the interest of the residents of the City; Section 2. That the City Council supports the Cohen-Esrey’s Petition asking the Property be designated an Urban Revitalization Area and supports Cohen-Esrey’s efforts to receive a tax credit award from the Iowa Finance Au- thority for this Development. Section 3. The City Council approves sup- porting the project and authorizes staff to work with the City Assessor to complete the form 5S for the Developer’s submission to the Iowa Finance Authority prior to the November 17, 2016 deadline for consideration. The estimat- ed value of the ten-year abatement is $179,830. Section 4. The proposed Development is consistent with the City of Dubuque’s afforda- ble housing strategies and goal to implement the City’s comprehensive plan. Passed, approved and adopted this 7th day of November 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. University Lofts - Urban Revitalization Area Designation: City Manager recommend- ing approval of a resolution to establish Uni- versity Lofts (1225 Alta Vista Street) as a property that meets the requirements for des- ignation as an Urban Revitalization Area. Mo- tion by Connors to receive and file the docu- ments and adopt Resolution No. 384-16 Find- ing that the designation of the University Lofts Urban Revitalization Plan is necessary to en- courage needed housing and residential de- velopment providing safe, affordable housing for the residents of the City of Dubuque. Se- conded by Lynch. Motion carried 7-0. RESOLUTION NO. 384-16 FINDING THAT THE DESIGNATION OF THE UNIVERSITY LOFTS URBAN REVITALIZA- TION PLAN IS NECESSARY TO ENCOUR- AGE NEEDED HOUSING AND RESIDEN- TIAL DEVELOPMENT PROVIDING SAFE, AFFORDABLE HOUSING FOR THE RESI- DENTS OF THE CITY OF DUBUQUE Whereas, the City Council of the City of Dubuque finds that the properties at Parcel ID# 1025101003, part of a 5.48-acre tract cur- rently conveyed to Church of the Nativity, be- ginning at the intersection of the north right-of- way line of University Avenue with the westerly right-of-way of Alta Vista Street (Property) which MV Residential Development has pro- posed to develop the Property and create 52 units of workforce multi-family housing; and Whereas, the City supports the develop- ment and construction of housing and residen- tial properties which provide quality, affordable housing; and Whereas, the Property is located in an ar- ea eligible for the Urban Revitalization Tax Exemption program; and Whereas, in the area proposed for desig- nation under the Urban Revitalization Act 404.1 (4) is appropriate as an economic de- velopment area as defined in section 403.17 Iowa Code; and Whereas, the area is appropriate for com- mercial and industrial enterprises, public im- provements related to housing and residential development, or construction of housing and residential development for low to moderate income families, including single or multi-family Book 146 Regular Session, November 7, 2016 436 housing, as stated in Section 403.17 of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to receive a one hundred percent exemption from taxation on the actual value added by the improve- ments for a period of ten years so long as it is assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five per- cent of the space used for residential purpos- es. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the construction of the hereinafter described Property legally de- scribed as: Being part of a 5.48-acre tract currently conveyed to Church of the Nativity (current Parcel ID# 1025101003), Dubuque County, Iowa, and more particularly described as follows: Beginning at the intersection of the north right-of-way line of University Avenue with the westerly right-of- way of Alta Vista Street; Thence from said point of beginning, with said north right-of-way line, South 79º00’00” West, for a dis- tance of 224.71 feet, Thence leaving said right-of-way line, on the following three (3) courses and distances: North 9°00'00 West, for a distance of 99.95 feet; North 34°00'00" West, for a distance of 190.96 feet; North 58°00'00" East, for a distance of 177.42 feet to the aforementioned westerly right-of-way of Alta Vista Street; Thence with said right-of-way line, South 32º00’00” East, for a distance of 362.45 feet to the point of begin- ning, containing approximately 1.36 +/- acres and being subject to any easements, restrictions, covenants, ordinances, or agreements of rec- ord. This legal description is not based on field verified boundary or boundary retracement survey; is deemed necessary in the interest the residents of the City. Section 2. That the City Council supports MV Residential Development’s Petition that the Property be designated a Urban Revitaliza- tion Area and supports the developer’s efforts to receive a tax credit award from the Iowa Finance Authority for this Development. Section 3. That the City Council approve the resolution supporting the project and au- thorize staff to work with the City Assessor to complete the form 5S for submission by De- veloper prior to the November 17, 2016 dead- line for consideration. The estimated value of tax abatement is $393,233. Section 4. That the proposed Development is consistent with the City of Dubuque’s afford- able housing strategies and its goal to imple- ment its comprehensive plan. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Full Circle Communities - Request for Urban Revitalization Designation: City Manag- er recommending approval of a request for local support from Full Circle Communities for the proposed re-development of the former Four Oaks building at 180 W. 15th Street into 36 residential units targeted to people with disabilities and veterans. Motion by Jones to receive and file the documents and adopt Resolution No. 385-16 Finding that the desig- nation of the Fifteenth Street Apartments is in the Jackson Park Urban Revitalization District and therefore eligible for Urban Revitalization Tax Abatement for the redevelopment of 180 W. 15th Street, Dubuque, IA providing safe, affordable housing for the residents of the City of Dubuque. Seconded by Connors. Respond- ing to questions from the City Council, Full Circle Communities Project Manager Jordan Bartle addressed the issue of on-street parking stating that the project received an exemption from the Zoning Board of Adjustment and that these types of developments generally see less demand for parking. Motion carried 7-0. RESOLUTION NO. 385-16 FINDING THAT THE FIFTEENTH STREET APARTMENTS IS IN THE JACKSON PARK URBAN REVITALIZATION DISTRICT AND THEREFORE ELIGIBLE FOR URBAN REVI- TALIZATION TAX ABATEMENT FOR THE REDEVELOPMENT OF 180 W 15TH STREET, DUBUQUE, IA PROVIDING SAFE, AF- FORDABLE HOUSING FOR THE RESI- DENTS OF THE CITY OF DUBUQUE Whereas, the City of Dubuque supports the development and construction of housing and residential properties which provide quality, affordable housing; and Whereas, Fifteenth Street Apartments Lim- ited Partnership, an Iowa limited partnership (the “Owner”), and Full Circle Communities, Inc., and Illinois not-for-profit corporation au- thorized to do business in Iowa (the “Develop- er”) has proposed to develop the property at 180 W. 15th St., Dubuque IA (the “Property”) and to create 36 units of multi-family housing at the Property targeted towards veterans and people with disabilities; and Book 146 Regular Session, November 7, 2016 437 Whereas, the Property is located in an ar- ea eligible for the Urban Revitalization Tax Exemption program; and Whereas, through the Urban Revitalization Program, the Property is eligible to receive a one hundred percent exemption from taxation on the actual value added by the improve- ments for a period of ten years so long as it is assessed as residential property, multi-family residential, or assessed as commercial proper- ty, if the commercial property consists of three or more separate living quarters with at least seventy-five percent of the space used for residential purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the construction of the hereinafter described Property legally de- scribed as: The North 3/5 of City Lot 463 in the City of Dubuque, Iowa according to the rec- orded Plat thereof; is deemed neces- sary in the interest the residents of the City. Section 2. That the City Council supports the Owner’s and the Developer’s Urban Revi- talization Application and the Owner’s and Developer’s efforts to receive a tax credit award from the Iowa Finance Authority and the Iowa Economic Development Authority for the development of the Property. Section 3. That the City Council approve the resolution supporting the project and au- thorize staff to work with the City Assessor to complete the form 5S for submission by De- veloper prior to the November 17, 2016 dead- line for consideration. The estimated amount of the tax exemption is $291,755.63. Section 4. That the proposed development of the Property is consistent with the City of Dubuque’s affordable housing strategies and its goal to implement its comprehensive plan. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin s. Firnstahl, City Clerk 7. IDOT Transfer of Jurisdiction Agreement : City Manager recommending approval for the Mayor to execute the Transfer of Public Road Jurisdiction Agreement between the City of Dubuque and the Iowa Department of Trans- portation for public road segments of US 52/Iowa 3 and Iowa 32 (Northwest Arterial) that are within the City's corporate limits. Mo- tion by Lynch to receive and file the docu- ments and adopt Resolution No. 386-16 Ap- proving the Transfer of Public Road Jurisdic- tion Agreement between the City of Dubuque and Iowa Department of Transportation. Se- conded by Del Toro. Motion carried 7-0. RESOLUTION NO. 386-16 APPROVING THE TRANSFER OF PUBLIC ROAD JURISDICTION AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND IO- WA DEPARTMENT OF TRANSPORTATION Whereas, the Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque De- velopment Corporation have all identified the completion of the Southwest Arterial Project as the No. 1 surface transportation priority in the Dubuque area; and Whereas, the City of Dubuque (City) and Iowa Department of Transportation (Iowa DOT) desire to maintain and increase trans- portation infrastructure while improving safety for the motorist within the City of Dubuque and Dubuque County and acknowledge the mutual benefit to partner on the Southwest Arterial Project; and Whereas, the City and the Iowa DOT exe- cuted a Memorandum of Understanding (MOU) for the completion of the Southwest Arterial project; and Whereas, the Iowa DOT and City, in joint cooperation propose to Transfer the Jurisdic- tion of the Southwest Arterial from the City to the Iowa DOT in exchange for the Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52/Iowa 3 from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61 in downtown Dubu- que, from the State to the City, after the Southwest Arterial is completed and open to traffic; and Whereas, in accordance with the provi- sions of Iowa Code Sections 313.2 and / or 306.42 and the MOU, the Transfer of Public Road Jurisdiction (TOJ) Agreement between the City and the Iowa DOT details the transfer of jurisdiction for the following public road segment(s), including all structures and right- of-way, to each other as described as follows: That portion of US 52/Iowa 3 north from the intersection of US 61 in down- town Dubuque to the northern corpora- tion limits of Dubuque, of approximately 3.91 miles. All portions of Iowa 32 (Northwest Arterial) that are within the corporation limits of Dubuque, of approximately 4.43 miles; and Whereas, the transfer of jurisdiction of the public road segment(s) described in this Agreement shall take place following the exe- cution of this agreement by both the LPA and the STATE and once the Southwest Arterial is open to traffic as follows: The Iowa DOT, at its cost, shall per- form any routine maintenance or de- termine the extent and cost of any Book 146 Regular Session, November 7, 2016 438 needed repairs necessary to bring the portions of U.S. 52 and Iowa 32 to be transferred to the City up to a state of good repair. Alternately, funds may be transferred from the Iowa DOT to the City in lieu of performing routine maintenance or making repairs. The City shall assume jurisdiction of the public road segment(s) described in this Agreement upon the completion of the routine maintenance and/or repairs, or transfer of funds to the City specified in this Agreement. The City shall, in accordance with the MOU, complete final design engi- neering, construction contract docu- ments, right of way property acquisi- tion, utility relocation, and construction of City lead projects for the Southwest Arterial. The City shall assume jurisdiction of the following bridge(s): FHWA No.(s) 503675, 601940, 607775, and 607770 and the continued maintenance, reha- bilitation and eventual replacement of the bridge. The Iowa DOT shall, in accordance with the MOU, completely fund and construct the Iowa DOT lead projects for the complete 4-lane freeway, includ- ing interchanges between U.S. 20 to U.S. 61/151. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. City of Dubuque and the Iowa Department of Transportation hereby agree to partner on the Southwest Arterial Project. Section 2. Whereas, the Iowa DOT and City, in joint cooperation propose to Transfer the Jurisdiction of the Southwest Arterial from the City to the Iowa DOT in exchange for the Transfer of Jurisdiction of the Northwest Arte- rial (Iowa 32), and portions of existing U.S. 52/Iowa 3 from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61 in downtown Dubuque, from the State to the City, after the Southwest Arterial is completed and open to traffic. Section 3. The Mayor is hereby authorized to execute the Transfer of Public Road Juris- diction Agreement between the City of Dubu- que and the Iowa Department of Transporta- tion which will allow for the Transfer the Juris- diction of the Southwest Arterial from the City to the Iowa DOT in exchange for the Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52/Iowa 3 from the Iowa 32/John Deere Road intersec- tion to the intersection of U.S. 61 in downtown Dubuque, from the State to the City, after the Southwest Arterial is completed and open to traffic. Passed, approved and adopted this 7th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. 210 Jones Street - Urban Revitalization Area Ordinance: City Manager recommending approval of an Ordinance adopting an Urban Revitalization Plan for the 210 Jones Street Urban Revitalization Area to assist in the rede- velopment of this property. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 57-16 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitaliza- tion Areas, by adopting a new Section 13: 210 Jones Street Urban Revitalization Area, and establishing requirements for qualifying prop- erty owners. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 57-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAXATION, CHAPTER 2 REVITALIZATION AREAS, BY ADOPTING A NEW SECTION 13: 210 JONES STREET URBAN REVITALI- ZATION AREA, AND ESTABLISHING RE- QUIREMENTS FOR QUALIFYING PROPER- TY OWNERS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordi- nances Title 3, Chapter 2 is hereby amended by adding the following: 3-2-13: 210 Jones Street A. The area hereinafter described is hereby designated as the 210 Jones Street urban revitalization area in ac- cordance with the code of Iowa: LOT 1 OF CITY LOT 541, LOT 2 OF CITY LOT 541, CITY LOT 542, LOT 1 OF LOT 2 OF CITY LOT 543, LOT 2 OF LOT 2 OF CITY LOT 543, LOT “A” OF “VACATED SHIELDS STREET”, AND, LOT 2 OF LOT “D” OF “VACAT- ED SHIELDS STREET”, IN THE CITY OF DUBUQUE, IOWA ACCORDING TO THE UNITED STATES COMMIS- SIONERS’ MAP OF THE SURVEY OF THE TOWN OF DUBUQUE, IOWA AND THE RECORDED PLATS OF SAID RESPECTIVE SUBDIVISIONS Book 146 Special Session, November 14, 2016 439 B. The 210 Jones Street Urban Revi- talization Plan as attached hereto is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said Plan. C. The 210 Jones Street Urban Revi- talization Plan shall hereafter be on file in the City Clerk's Office, City Hall, Dubu- que, Iowa. Section 2. This ordinance takes effect upon publication. Passed and approved this 7th day of No- vember, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of November, 2016. /s/Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Connors reported on the Dubuque Chamber of Commerce 7th Diversity Summit held November 3, 2016 stating that it had excellent speakers and was well attended. Mayor Buol reported on his presentation at the Resilient Lacrosse Summit in Lacrosse, Wisconsin regarding Dubuque’s best practices in the area of resiliency. Mayor Buol reminded everyone of tomorrow’s general election and encouraged everyone to vote. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 7:51 p.m. to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Se- conded by Connors. Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Crenna Brumwell and Assistant City Attorney Maureen Quann. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:10 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 8:11 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on November 14, 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 special session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PUBLIC HEARINGS 1. SW Arterial / Military Road Reconstruc- tion Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, estimated cost and form of con- tract for the SW Arterial - Military Road Recon- struction Project subject to IDOT concurrence and the City Manager recommending approv- al. It is further recommended that the contract be awarded to low bidder Hoffman Construc- tion Company. Motion by Lynch to receive and file the documents and adopt Resolution No. 387-16 Approval of plans, specifications, form of contract, and estimated cost for the South- west Arterial Military Road Reconstruction Project Iowa DOT Project No. HDP-2100(664)- -71-31; and Resolution No. 388-16 Awarding public improvement contract for the Southwest Arterial - Military Road Reconstruction Project Iowa DOT Project No. HDP-2100(664)--71-31. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 387-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE SOUTHWEST ARTERIAL / MILITARY ROAD RECONSTRUCTION PRO- JECT IOWA DOT PROJECT NO. HDP- 2100(664)--71-31 That the proposed plans, specifications, form of contract and estimated cost for the Southwest Arterial - Military Road Reconstruc- tion - Grade, Bridge & Paving Project, Iowa DOT Project No. HDP-2100(664)--71-31, in the estimated amount $7,078,100.00, are hereby approved. Passed, adopted and approved this 14th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Special Session, November 14, 2016 440 RESOLUTION NO. 388-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE SOUTHWEST ARTERIAL - MILITARY ROAD RECONSTRUCTION PRO- JECT IOWA DOT PROJECT NO. HDP- 2100(664)--71-31 Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 18th day of October, 2016 and it has been determined that Hoffman Construction Company, of Black River Falls, WI, with a bid in the amount of $5,236,760.95 is the lowest responsive, responsible bidder for the Project. 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 Hoffman Con- struction Company, subject to the concurrence by Iowa Department of Transportation (Iowa DOT), 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 14th day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk WORK SESSION 1. Imagine Dubuque Comprehensive Plan Quarterly Update: Associate Planner Dave Johnson and Mike Hoffman, Project Manager from the consulting firm of Teska Associates, Inc. conducted a work session on the status, progress, and next steps for the community planning and engagement process for the Im- agine Dubuque Comprehensive Plan. Topics included: • Sustainable Dubuque pillars and models incorporated; • Time Lines for 2016/2017 of community workshops, events, meetings and Council up- dates; • Diversity outreach goal; • Project marketing materials: Video promotion idea boards, postcards, workshops, project web site, quick polls, mobile app; • Long Range Planning Advisory Commission and City Leadership Team meetings; • Interview groups (34); • Group outreach: completed, scheduled, and in-the-works; • Economic prosperity workshop; • What’s next? Schedule of focus group meetings and workshops; Responding to questions from the City Council, presenters identified common areas of interest among residents and additional locations for community engagement opportu- nities such as public spaces within large em- ployer properties, the Roshek Building, Ken- nedy Mall and the Community Y. There being no further business, upon mo- tion the City Council adjourned at 6:44 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session, November 21, 2016 441 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on Monday, November, 21, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios (via telephone); City Manager Van Milli- gen, 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 PROCLAMATION Small Business Saturday (November 26, 2016) was accepted by Molly Grover, Presi- dent & CEO of the Dubuque Area Chamber of Commerce. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. County Supervisor Jay Wickham requested (#9) Dubuque Metropolitan Area Solid Waste Agency Financing Plan be held for separate discussion. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 11/3, 11/7, 11/14; Ca- ble TV Commission of 11/2; Library Board of Trustees of 8/25, 9/12; Transit Advisory Board of 10/6; Zoning Advisory Commission of 11/2; Zoning Board of Adjustment of 10/27; Proof of publication for City Council Proceedings of 10/27, 11/3; Proof of publication for Notice of Delinquent Water, Sewer, Refuse & Storm- water Collection Accounts of 10/28. Upon mo- tion the documents were received and filed. 2. Notice of Claims and Suits: Jarrod Wer- nimont for property damage; City of Dubuque vs. Dull Mullen / Abigail Land Holdings 10 LLC. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Jarrod Wernimont for property damage. Upon motion the documents were received, filed and concurred. 4. Investment Policy Certificate of Excel- lence Award: Communication from the Associ- ation of Public Treasurers of the United States and Canada presenting the City of Dubuque with the Investment Policy Certificate of Excel- lence Award. Upon motion the documents were received and filed. 5. Quarterly Investment Report: City Man- ager transmitting Quarterly Investment Report for September 30, 2016. Upon motion the documents were received and filed. 6. Iowa Urban Renewal Annual Report for Fiscal Year 2016: City Manager recommend- ing approval of the Fiscal Year 2016 Iowa Ur- ban Renewal Report for the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 389-16 Approving the Fiscal Year 2016 Urban Renewal Report for the City of Dubuque was adopted. RESOLUTION NO. 389-16 APPROVING THE FISCAL YEAR 2016 UR- BAN RENEWAL REPORT FOR THE CITY OF DUBUQUE Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session, amending the current law pertaining to urban renewal districts; and Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012, aims to increase transparency in the utilization of tax increment financing; and Whereas, HF 2460 requires an annual ur- ban renewal report be approved by the majori- ty of a local governing body that had an active urban renewal plan anytime during the most recently ended fiscal year; and Whereas, City staff have fulfilled the re- quirements outlined in the Act through a web- based reporting tool hosted by the Iowa De- partment of Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2016 Urban Renewal Report for the City of Dubuque, be approved. Section 2. That the Budget Director of the City of Dubuque, Iowa is hereby authorized and directed to submit the Report, with a rec- ord of this approval, to the Iowa Department of Management. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, November 21, 2016 442 7. Fiscal Year 2016 State of Iowa Annual Financial Report: City Manager recommending approval of the City of Dubuque Fiscal Year 2016 State of Iowa Annual Financial Report. Upon motion the documents were received, filed and approved. 8. City of Dubuque 2017 State Legislative Priorities: City Manager transmitting the City of Dubuque recommended 2017 State Legisla- tive Priorities to be presented to area legisla- tors at the annual Legislative Dinner on No- vember 29, 2016, at 5:30 p.m. at the Grand River Center. Upon motion the documents were received, filed and approved. 9. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Financing Plan: City Man- ager recommending City Council authorization for the Dubuque Metropolitan Area Solid Waste Agency to borrow money and endorse the financing plan for its Cell #9 Phase III Con- struction Project. Motion by Jones to receive and file the documents and adopt Resolution No. 390-16 Consenting to Financing Plan for Dubuque Metropolitan Area Waste Authority. Seconded by Resnick. Dubuque County Su- pervisor Jay Wickham addressed the City Council requesting that other financing options be explored that involve the City or the Agen- cy. City Manager Van Milligen described the Board of Supervisors’ past approvals of the agreement. Motion carried 6-1 with Del Toro voting nay. RESOLUTION NO. 390-16 CONSENTING TO FINANCING PLAN FOR DUBUQUE METROPOLITAN AREA WASTE AUTHORITY Whereas, the Board of Supervisors of Dubuque County, Iowa (the “County”) and the City Council (the “Council”) of the City of Dubuque, Iowa (the “City”) have authorized and executed a certain Intergovernmental Agreement Creating the Dubuque Metropolitan Area Solid Waste Agency (the “28E Agree- ment”) pursuant to Chapter 28E of the Code of Iowa; and Whereas, the terms of the 28E Agreement provide for the creation of the Dubuque Metro- politan Area Solid Waste Agency (the “Agen- cy”) for the purposes of providing for the eco- nomic transport, processing, and disposal of all solid waste produced within the metropoli- tan area of the Agency; and Whereas, the Agency has authority pursu- ant to the 28E Agreement and Chapter 28F of the Code of Iowa to issue revenue bonds and interim financing notes to pay the costs of pro- jects undertaken by the Agency; and Whereas, the Agency has proposed to un- dertake the construction of landfill facilities improvements, including the Cell 9 Phase III Project, improvements to the landfill mainte- nance facility and other capital improvement needs for the landfill (the “Projects”); and Whereas, D.A. Davidson, the Agency’s Fi- nancial Advisor (the “Financial Advisor”), has prepared a financing plan (the “Financing Plan”) for the funding of the Project; and Whereas, the Financing Plan includes: (1) the issuance by the County of General Obliga- tion Landfill Facility Bonds (the “General Obli- gation Bonds”) in a principal amount not to exceed $5,300,000; and (2) the execution of a revenue disbursement agreement (the “Reve- nue Agreement”) between the Agency and the County covering revenue payments by the Agency to the County in an amount equal to the principal and interest to be paid on the General Obligation Bonds, plus reasonable administrative fees to compensate the County for its issuance and maintenance of those Bonds; and Whereas, it is now necessary for the Council to take action to approve the Financ- ing Plan, the issuance of the General Obliga- tion Bonds and the execution of the Revenue Agreement; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. The City hereby approves the undertaking of the Project and the Financing Plan as prepared and presented by the Finan- cial Advisor. Section 2. The County’s issuance of the General Obligation Bonds, as described in the Financing Plan and the preamble hereof, is hereby acknowledged and approved. Section 3. The execution by the Agency of the Revenue Agreement, as described in the Financing Plan and the preamble hereof, is hereby approved pursuant to Chapter 28F of the Code of Iowa. The Agency’s fulfillment of its payment obligations to the County under the Revenue Agreement is here by approved. Section 4. All resolutions or parts thereof in conflict herewith be and the same are hereby repealed to the extent of such conflict. Passed and approved November 21, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. US EPA Consent Decree Certification Remedial Measures: City Manager recom- mending approval for the City Manager to cer- tify and submit the City of Dubuque Certifica- tion of Work Completed Through 2016 to the US Department of Justice, US EPA and the Iowa Department of Natural Resources. Upon motion the documents were received, filed and approved. Book 146 Regular Session, November 21, 2016 443 11. Total Administrative Services Corpora- tion (TASC) Renewal Fee Approval: City Man- ager recommending approval of the renewal rates received from the City’s flexible spending plan administrator, Total Administrative Ser- vices Corporation, effective January 1, 2017, through December 31, 2017. Upon motion the documents were received, filed and approved. 12. Gallagher Benefit Services Renewal: City Manager recommending approval of an amendment to the Administrative Services Agreement with Gallagher Benefit Services, Inc. for benefit and consulting and actuarial services effective July 1, 2016 through De- cember 31, 2016, and authorize the City Man- ager to sign the amendment. Upon motion the documents were received, filed and approved. 13. City Hall Electrical Service Project Ac- ceptance: City Manager recommending ac- ceptance of the public improvement construc- tion contract for the Dubuque City Hall Electri- cal Service Project, as completed by Hawkeye Electrical. Upon motion the documents were received and filed and Resolution No. 391-16 Accepting the Dubuque City Hall - Electrical Services Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 391-16 ACCEPTING THE DUBUQUE CITY HALL - ELECTRICAL SERVICE PROJECT AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Dubuque City Hall - Electrical Service Project (the Project) has been completed by the Contractor, Hawkeye Electrical (Contrac- tor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $27,378.00; and Whereas, the Contractor has previously been paid $25,100.00, leaving a balance of $2,278.00; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $2,278.00 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE CITY HALL ELEC- TRICAL SERVICE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the City Hall Electrical Service Pro- ject, and the said Project has been performed in compliance with the terms of the Public Im- provement Contract, and that the total cost of the completed work is $32,128.00. Dated this 15th day of November, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of November, 2016. /s/Kevin S. Firnstahl, City Clerk 14. 2016 Bridge Repair and Maintenance Project Acceptance: City Manager recom- mending acceptance of the public improve- ment construction contract for the 2016 Bridge Repairs and Maintenance Project, as complet- ed by Tschiggfrie Excavating, Co. Upon mo- tion the documents were received and filed and Resolution No. 392-16 Accepting the 2016 Bridge and Maintenance Project and authoriz- ing the payment to the contractor was adopt- ed. RESOLUTION NO. 392-16 ACCEPTING THE 2016 BRIDGE REPAIRS AND MAINTENANCE PROJECT AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the 2016 Bridge Repairs and Maintenance (the Project) has been completed by the Con- tractor, Tschiggfrie Excavating, Co. (Contrac- tor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $309,118.40; and Whereas, the Contractor has previously been paid $293,662.48, leaving a balance of $15,455.92; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Book 146 Regular Session, November 21, 2016 444 Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $15,455.92 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2016 BRIDGE RE- PAIRS AND MAINTENANCE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2016 Bridge Repairs and Maintenance Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $357,720.60. Dated this 15th day of November, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of November, 2016. /s/Kevin S. Firnstahl, City Clerk 15. Workers Compensation Claims Admin- istrative Services Agreement: City Manager recommending approval of the Agreement between the City of Dubuque and Alternative Services Concepts for services related to the administration of the City’s Worker’s Compen- sation Program, and authorization for the City Manager to execute the Agreement. Upon motion the documents were received, filed and approved. 16. Iowa DOT Cooperative Agreement for Improvement to US Highway 20 / Menards Frontage Road: City Manager recommending approval of a resolution authorizing the Mayor to execute the Iowa Department of Transporta- tion Cooperative Preconstruction Funding Agreement for the Southwest Arterial – Menards Frontage Road and Improvements to U.S. Highway 20. Upon motion the documents were received and filed and Resolution No. 393-16 Approving the Cooperative Precon- struction Funding Agreement (Agreement No. 2016-16-207) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - Menards Frontage Road and Improvement to US Highway 20 was adopted. RESOLUTION NO. 393-16 APPROVING THE COOPERATIVE PRE- CONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2016-16-207) BETWEEN THE CITY OF DUBUQUE AND IOWA DE- PARTMENT OF TRANSPORTATION FOR THE SOUTHWEST ARTERIAL - MENARDS FRONTAGE ROAD AND IMPROVEMENTS TO US HIGHWAY 20 Whereas, the Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque De- velopment Corporation have all identified the completion of the Southwest Arterial Project as the No. 1 surface transportation priority in the Dubuque area; and Whereas, the City of Dubuque (City) and Iowa Department of Transportation (Iowa DOT) desire to maintain and increase trans- portation infrastructure while improving safety for the motorist within the City of Dubuque and Dubuque County and acknowledge the mutual benefit to partner on the Southwest Arterial Project; and Whereas, the City and the Iowa DOT exe- cuted a Memorandum of Understanding (MOU) and a Transfer of Roadway Jurisdiction (TOJ) for the completion of the Southwest Ar- terial project; and Whereas, the Iowa DOT and City, in joint cooperation propose to Transfer the Jurisdic- tion of the Southwest Arterial from the City to the Iowa DOT in exchange for the Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52/Iowa 3 from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61 in downtown Dubu- que, from the State to the City, after the Southwest Arterial is completed and open to traffic; and Whereas, with the future construction of the Southwest Arterial - US20 interchange and the spacing requirements for priority access control standards, this will require the removal of the existing at-grade intersection into the Menards property; and Whereas, a new public access frontage road will be constructed to serve the Westside Court and Menards properties. The Menards Frontage Road project will also reconstruct the existing US20 - Old Highway Road intersec- tion, widen a section of US20 to 6-lanes and adding dual left and dual right turn lanes; and Whereas, the City was responsible for the design and property acquisition for the Menards Frontage Road project. The Iowa DOT is responsible for the costs associated with the construction and completion of the Menards Frontage Road project; and Whereas, following the Transfer of Juris- diction after the Southwest Arterial is complet- ed and open to traffic, the Menards Frontage Road will become a local public City street; and Whereas, in accordance with the provi- sions of Iowa Administrative Code, the City is Book 146 Regular Session, November 21, 2016 445 responsible for all costs associated with the relocation, modification or adjustment of the City’s public utilities that are impacted by the project; and Whereas, per the terms and conditions of the Cooperative Preconstruction Agreement, the City will be responsible for the following utility related costs: • 100% of the cost for sanitary sewer re- location, modification, or adjustments. • 30% of the cost for storm sewer reloca- tion, modification, adjustments. • 100% of the cost for water main reloca- tion, modification, or adjustments. • 100% of the cost for salvaging traffic control equipment. • 10% of the cost for mobilization. • 10% of the cost for traffic control. • 10% of the cost for construction survey; and Whereas, the estimate of probable cost for the City’s cost share associated with the relo- cation, modification or adjustment of public utilities that are impacted by the project is summarized as follows: Estimate, Bid Award Sanitary Sewer Relocation, Modification, Adjustment, $58,248, $57,959 Storm Sewer Relocation, Modification, Ad- justment, $448,614, $538,694 Watermain Relocation, Modification, Adjust- ment, $566,817, $509,539 Traffic Signal Modifications, $5,884, $10,116 Total Project Cost - City Share, $1,079,563, $1,116,308; and Whereas, the anticipated funding for the project summary is as follows: CIP No., Fund Description, Estimate, Bid Award DMATS STP Funds, $858,943, $884,953 710 2669, SW Arterial - Menards Frontage Rd Utility Relocations (Sanitary Const. Fund), $11,650, $11,592 720 2669, SW Arterial - Menards Frontage Rd Utility Relocations (Stormwater Const. Fund), $89,723, $107,739 740 2594, SW Arterial - Water Main Exten- sion (Water Const. Fund), $113,363, $101,908 300 1011, Traffic Signalization Program, $5,884, $10,116 Total Project Funding - City Share, $ 1,079,563, $ 1,116,308. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. City of Dubuque and the Iowa Department of Transportation hereby agree to partner on the Southwest Arterial Project. Section 2. Whereas, the Iowa DOT and City, in joint cooperation propose to construct the Southwest Arterial - Menards Frontage Road project, Iowa DOT Project No. NHSX- 032-1 (37)--3H-31. Section 3. Whereas, in accordance with the provisions of Iowa Administrative Code, the City is responsible for all costs associated with the relocation, modification or adjustment of the City’s public utilities that are impacted by the project. Section 4. Whereas, the City hereby agrees to reimburse the Iowa DOT for all costs associated with the relocation, modification or adjustment of the City’s public utilities that are impacted by the project. Section 5. The Mayor is hereby authorized to execute the Cooperative Preconstruction Funding Agreement (Agreement No. 2016-16- 207), between the City of Dubuque and the Iowa Department of Transportation for the Southwest Arterial - Menards Frontage Road and Improvements to US Highway 20. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Iowa DOT Preconstruction Agreement for SW Arterial / US Highway 20 Interchange Grading Project: City Manager recommending approval of a resolution authorizing the Mayor to execute the Iowa Department of Transporta- tion Preconstruction Funding Agreement for the Southwest Arterial – US Highway 20 Inter- change Grading Project. Upon motion the documents were received and filed and Reso- lution No. 394-16 Approving the Preconstruc- tion Funding Agreement (Agreement No. 2017-4-002) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - US Highway 20 Inter- change Grading Project was adopted. RESOLUTION NO. 394-16 APPROVING THE PRECONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2017-4-002) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANSPORTATION FOR THE SOUTHWEST ARTERIAL - US HIGHWAY 20 INTER- CHANGE GRADING PROJECT Whereas, the Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque De- velopment Corporation have all identified the completion of the Southwest Arterial Project as the No. 1 surface transportation priority in the Dubuque area; and Whereas, the City of Dubuque (City) and Iowa Department of Transportation (Iowa DOT) desire to maintain and increase trans- portation infrastructure while improving safety Book 146 Regular Session, November 21, 2016 446 for the motorist within the City of Dubuque and Dubuque County and acknowledge the mutual benefit to partner on the Southwest Arterial Project; and Whereas, the City and the Iowa DOT exe- cuted a Memorandum of Understanding (MOU) and a Transfer of Roadway Jurisdiction (TOJ) for the completion of the Southwest Ar- terial project; and Whereas, the Iowa DOT and City, in joint cooperation propose to Transfer the Jurisdic- tion of the Southwest Arterial from the City to the Iowa DOT in exchange for the Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52/Iowa 3 from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61 in downtown Dubu- que, from the State to the City, after the Southwest Arterial is completed and open to traffic; and Whereas, as part of the Southwest Arterial project, there will be a new interchange con- structed near the existing US 20 - Seippel Road intersection which will connect directly to Seippel Road and provide an overpass bridge over the top of US Highway 20; and Whereas, the Southwest Arterial – US 20 Interchange Grading project will provide for the complete grading of the interchange between Seippel Road and English Mill Road, including entry and exit ramps, and grading for a public access frontage road connection Stone Valley Drive; and Whereas, the City was responsible for the design and property acquisition for the South- west Arterial - US Highway 20 Interchange Grading project. The Iowa DOT is responsible for the costs associated with the construction and completion of the Southwest Arterial - US Highway 20 Interchange Grading project; and Whereas, following the Transfer of Juris- diction after the Southwest Arterial is complet- ed and open to traffic, the public access front- age road to Stone Valley Drive will become a local public City street; and Whereas, in accordance with the provi- sions of Iowa Administrative Code, the City is responsible for all costs associated with the relocation, modification or adjustment of the City’s public utilities that are impacted by the project; and Whereas, per the terms and conditions of the Cooperative Preconstruction Agreement, the City will be responsible for the following utility related costs: • 100% of the cost for sanitary sewer re- location, modification, or adjustments. • 100% of the cost for storm sewer relo- cation, modification, adjustments. • 100% of the cost for water main reloca- tion, modification, or adjustments. • Share of the cost for traffic operations conduit, vaults, fiber optics. • 100% of the cost for salvaging traffic control equipment. • 19% of the cost for mobilization. • 19% of the cost for project manage- ment. • 19% of the cost for traffic control. • 19% of the cost for construction survey; and Whereas, the estimate of probable cost for the City’s cost share associated with the relo- cation, modification or adjustment of public utilities that are impacted by the project is summarized as follows: Estimate, Bid Award Sanitary Sewer Relocation, Modification, Ad- justment, $528,249, $239,148 Storm Sewer Relocation, Modification, Ad- justment, $11,047, $11,864 Watermain Relocation, Modification, Adjust- ment, $1,722,196, $867,081 Traffic Signal Modifications, $175,691, $94,416 Total Project Cost - City Share, $2,437,183, $1,212,509 Whereas, the anticipated funding for the project summary is as follows: CIP No., Fund Description, Estimate, Bid Award DMATS STP Funds, $ 1,949,746, $970,007 710 2670, SW Arterial - US20 Interchange Grading Utility Relocation (Sanitary Const. Fund), $105,650, $47,830 720 2670, SW Arterial - US20 Interchange Grading Utility Relocation (Stormwater Const. Fund), $2,209, $2,373 740 2594, SW Arterial - Water Main Extension (Water Const. Fund), $344,439, $173,416 300 1011, Traffic Signalization Program, $35,138, $18,883 Total Project Funding - City Share, $2,437,183, $1,212,509. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. City of Dubuque and the Iowa Department of Transportation hereby agree to partner on the Southwest Arterial Project. Section 2. Whereas, the Iowa DOT and City, in joint cooperation propose to construct the Southwest Arterial - US Highway 20 Inter- change Grading project, Iowa DOT Project No. NHSX-032-1 (38)--3H-31. Section 3. Whereas, in accordance with the provisions of Iowa Administrative Code, the City is responsible for all costs associated with the relocation, modification or adjustment of the City’s public utilities that are impacted by the project. Section 4. Whereas, the City hereby agrees to reimburse the Iowa DOT for all costs Book 146 Regular Session, November 21, 2016 447 associated with the relocation, modification or adjustment of the City’s public utilities that are impacted by the project. Section 5. The Mayor is hereby authorized to execute the Preconstruction Funding Agreement (Agreement No. 2017-4-002), be- tween the City of Dubuque and the Iowa De- partment of Transportation for the Southwest Arterial - US Highway 20 Interchange Grading project. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 18. Iowa DOT Preconstruction Funding Agreement - Southwest Arterial - West Grad- ing Project: City Manager recommending ap- proval of a resolution authorizing the Mayor to execute the Iowa Department of Transporta- tion Preconstruction Funding Agreement for the Southwest Arterial – West Grading Project. Upon motion the documents were received and filed and Resolution No. 395-16 Approving the Preconstruction Funding Agreement (Agreement No. 2017-4-001) between the City of Dubuque and Iowa Department of Transpor- tation for the Southwest Arterial - West Grad- ing Project was adopted. RESOLUTION NO. 395-16 APPROVING THE PRECONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2017-4-001) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANSPORTATION FOR THE SOUTHWEST ARTERIAL - WEST GRADING PROJECT Whereas, the Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque De- velopment Corporation have all identified the completion of the Southwest Arterial Project as the No. 1 surface transportation priority in the Dubuque area; and Whereas, the City of Dubuque (City) and Iowa Department of Transportation (Iowa DOT) desire to maintain and increase trans- portation infrastructure while improving safety for the motorist within the City of Dubuque and Dubuque County and acknowledge the mutual benefit to partner on the Southwest Arterial Project; and Whereas, the City and the Iowa DOT exe- cuted a Memorandum of Understanding (MOU) and a Transfer of Roadway Jurisdiction (TOJ) for the completion of the Southwest Ar- terial project; and Whereas, the Iowa DOT and City, in joint cooperation propose to Transfer the Jurisdic- tion of the Southwest Arterial from the City to the Iowa DOT in exchange for the Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52/Iowa 3 from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61 in downtown Dubu- que, from the State to the City, after the Southwest Arterial is completed and open to traffic; and Whereas, As outlined in the MOU and TOJ, the Iowa DOT is responsible for costs associated with the construction and comple- tion of 4-lane roadway grading from US High- way 20 to US Highway 61-151; and Whereas, the 4-lane grading will be con- structed in two (2) segments, the West Grad- ing project and the East Grading project. The West Grading project will provide for the 4-lane grading of a 2.72 mile roadway segment from English Mill Road to Catfish Creek; and; and Whereas, the West Grading project will al- so provide for grading of ramps A and D for a future middle interchange between English Mill Road and North Cascade Road; grading of a temporary connector road between the South- west Arterial and North Cascade Road; grad- ing of a shared use path; grading and granular surfacing of a public frontage road (Access Road A) on the south side of proposed South- west Arterial extending from North Cascade Road easterly approximately 3,450 feet; and Whereas, the City was responsible for the design and property acquisition for the West Grading project. The Iowa DOT is responsible for the costs associated with the construction and completion of the West Grading project; and Whereas, following the Transfer of Juris- diction after the Southwest Arterial is complet- ed and open to traffic, the Menards Frontage Road will become a local public City street; and Whereas, in accordance with the provi- sions of Iowa Administrative Code, the City and County will be responsible for all costs associated with the construction of new access control fencing (approx. 3,300 LF) along the southerly side of the frontage road (Access Road A); and Whereas, following the Transfer of Juris- diction after the Southwest Arterial is complet- ed and open to traffic, the new public frontage road (Access Road A) will become a Dubuque County road and the County will be responsi- ble for the future maintenance of the fence; and Whereas, the estimate of probable cost for the City and County’s cost share for the con- struction of new access control fencing (ap- prox. 3,300 LF) along the southerly side of the frontage road (Access Road A) is summarized as follows: Book 146 Regular Session, November 21, 2016 448 Bid Award Access Control Fencing, $ 21,390.52 Total Project Cost - City / County Share, $ 21,390.52; and Whereas, the anticipated funding for the project summary is as follows: CIP No., Fund Description, Bid Award 300 1287, City - Southwest Arterial CIP, $ 10,695.26 Dubuque County, 10,695.26 Total Project Funding - City / County, $ 21,390.52. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. City of Dubuque and the Iowa Department of Transportation hereby agree to partner on the Southwest Arterial Project. Section 2. Whereas, the Iowa DOT and City, in joint cooperation propose to construct the Southwest Arterial - West Grading Project, Iowa DOT project no. NHSX-032-1 (25)--3H- 31. Section 3. Whereas, in accordance with the provisions of Iowa Administrative Code, the City and Dubuque County are jointly re- sponsible for the cost for the construction of new access control fencing along the southerly side of the frontage road (Access Road A). Section 4. Whereas, the City and Dubuque county hereby agrees to reimburse the Iowa DOT for all costs associated with the construc- tion of new access control fencing along the southerly side of the frontage road (Access Road A). Section 5. The mayor is hereby authorized to execute the Cooperative Preconstruction Funding Agreement (Agreement No. 2017-4- 001), between the City of Dubuque and the Iowa Department Of Transportation for the Southwest Arterial – West Grading Project. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, mayor Attest: Kevin S. Firnstahl, City Clerk 19. Zoning Advisory Commission: Com- munication from Zoning Advisory Commission requesting City Council approval to appoint Commissioner Tom Henschel and Commis- sioner Michael Belmont as representative to the Airport Zoning Commission. Upon motion the documents were received, filed and ap- proved. 20. Pre-Annexation Agreement – Bradley: City Manager recommending approval of a Pre-Annexation Agreement with Brian D. Brad- ley and Jeffrey S. Bradley in conjunction with approving the Final Plat for Bradley Acres. Upon motion the documents were received and filed and Resolution No. 396-16 Approving the Pre-Annexation Agreement between the City of Dubuque, Iowa and Brian D. Bradley and Jeffrey S. Bradley was adopted. RESOLUTION NO. 396-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND BRIAN D. BRADLEY AND JEFFREY S. BRADLEY Whereas, Brian D. Bradley and Jeffrey S. Bradley , the owners of the following described property in Dubuque County, Iowa (the Proper- ty) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: PIN: 1536101002, Legal: Lot 1-1 W ½ NW ¼ Section 36, T88N, R2E; and Whereas, Brian D. Bradley and Jeffrey S. Bradley have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Brian D. Bradley and Jeffrey S. Bradley and the City of Dubuque is hereby approved. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Public Works Department - Retitling Three Truck Driver Positions to Utility Worker: City Manager recommending a City Council motion creating three Utility Worker positions and eliminating three Truck Driver positions associated with the retitling of the Truck Driver position to Utility Worker approved July 18, 2016. Upon motion the documents were re- ceived, filed and approved. Book 146 Regular Session, November 21, 2016 449 22. 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. 397-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 397-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Aragon Tap, 1103 Iowa St., Class C Liquor (Sunday) Bridge Restaurant The, 31 Locust St., Class C Liquor (Sunday) Double Shot, 2093 Washington St., Class C Liquor (Sunday) Grand Harbor Resort & Water Park, 350 Bell St., Class B Liquor (Catering) (Outdoor) (Sunday) Happy's Place, 2323 Rockdale Rd., Class C Liquor (Outdoor) (Sunday) Hotel Julien Dubuque, 200 Main St., Class B Liquor (Catering) (Outdoor) (Sunday) Inspire Café, 955 Washington St., Class C Liquor (Outdoor) (Sunday) Pepper Sprout, 378 Main St., Class C Liquor Skinny Maginny's, 123 S. Main St., Class C Liquor (Catering) (Outdoor) (Sunday) Special Event Stone Cliff Winery, 11-26-16, 600 Star Brew- ery Dr. to include Alliant Amphitheater, Adding Outdoor Service Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING 1. Reallocate General Obligation Bond Se- ries 2012H: City Manager recommending set- ting a public hearing for December 5, 2016, on a proposal to reallocate not to exceed $820,500 of the unspent proceeds of the Gen- eral Obligation Bond Series 2012H from the renovation of the second floor of the Multicul- tural Family Center to fund the construction of the Jule Operations and Training Center. Upon motion the documents were received and filed and Resolution No. 398-16 Fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2012H, of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on December 5, 2016 in the Historic Federal Building. RESOLUTION NO. 398-16 FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2012H, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NO- TICE THEREOF Whereas, pursuant to hearings duly held under Iowa Code Section 384.25 and a resolu- tion approved on November 19, 2012, the City Council of the City of Dubuque, Iowa has pre- viously issued its General Obligation Bonds, Series 2012H, in the aggregate principal amount of $2,385,000 (the "Series 2012H Bonds"), for the purpose, among other things, of paying the costs of aiding in the planning, undertaking and carrying out of urban renewal project activities for Greater the Downtown Urban Renewal District and the Technology Park South District, including those costs as- sociated with construction of a rail platform for the Intermodal Transportation Center; Multicul- tural Family Center repairs and improvements including renovation of the second floor; con- struction of an Americans with Disabilities Act (ADA) compliant restroom; utilities extensions; and construction of a trail in Technology Park South; and Whereas, certain proceeds of the Series 2012H Bonds remain unspent, and the City Manager has recommended that not to exceed $820,500 of such unspent proceeds (the "Un- spent Proceeds") be applied for the purpose of funding construction of the Jule Operations Book 146 Regular Session, November 21, 2016 450 and Training Center (from the Series 2012 Bonds) (the "Project"); and Whereas, there being no procedure speci- fied under Iowa law for consideration or ap- proval of such a reallocation, it is hereby de- termined, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 of the Code of Iowa should apply to such proposal, and that a hearing be held upon the proposal to reallocate the Un- spent Proceeds to provide funds for the Pro- ject. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:00 o'clock P.M., on the 5th day of December, 2016, for the purpose of taking action on the matter of the proposed reallocation of the Unspent Proceeds of the Series 2012H Bonds to provide funds to defray all or a portion of the costs of the Project. Section 2. That the City Clerk is hereby di- rected to cause one publication to be made of notice of said meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having gen- eral circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting. Section 3. The notice of the proposed ac- tion shall be in substantially the following form: NOTICE OF MEETING OF THE CITY COUN- CIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED REAL- LOCATION OF CERTAIN UNSPENT PRO- CEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2012H, OF THE CITY OF DUBUQUE, IOWA, AND THE PUBLIC HEAR- ING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Dubuque, Iowa, will hold a public hearing on the 5th day of December, 2016, at 6:00 o'clock P.M., in the Historic Fed- eral Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the reallocation of certain unspent proceeds of the General Obli- gation Bonds, Series 2012H, of the City of Dubuque, Iowa (together, the "Bonds"), in the aggregate amount of not to exceed $820,500, in order to provide funds for the purpose of funding construction of the Jule Operations and Training Center (Series 2012H Bonds). Any person interested may appear at the pub- lic hearing, either orally or in writing, and be heard as to the reallocation of said proceeds of the Bonds for the above purposes. This Notice is given by order of the Council of Dubuque, Iowa, as provided by Sections 364.6 and 384.25 of the Code of Iowa, as amended. Dated this 25th day of November, 2016. /s/Kevin S. Firnstahl, City Clerk Passed and approved this 21st day of No- vember, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Airport Commission: One, 4-year term through September 14, 2020 (Expired term of Wagner). Applicants: Sue Clemenson, 2469 Hacienda Rd.; and Scott Leibfried, 3211 Hon- eysuckle Ln. Ms. Clemenson and Mr. Leibfried spoke in support of their respective appoint- ments and provided brief biographies. 2. Building Code and Advisory Appeals Board: One, 3-year term through August 1, 2018 (Vacant term of Cruise – ADA Repre- sentative). Applicant: Katrina Wilberding, 3715 Asbury Rd. 3. Civic Center Commission: One, 3-year term through June 29, 2019 (Expired term of Gregory). Applicant: Nicholas Huff, 3075 Olde Country Ct. Mr. Huff spoke in support of his appointment and provided a brief biography. 4. Zoning Advisory Commission: One, 3- year term through July 1, 2019 (Expired term of Belmont). Applicant: Michael Belmont, 222 Dillion St. PUBLIC HEARINGS 1. Freestanding Solar Array Text Amend- ment: Proof of publication on notice of public hearing to consider approval of a request from Greater Dubuque Development Corporation to amend the Unified Development Code to es- tablish an administrative waiver process for free-standing solar arrays. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Planning Services Manager Laura Carstens provided a staff report. She and Da- vid Lyons, Sustainable Innovation Consultant for Greater Dubuque Development Corp., re- sponded to questions from the City Council regarding guidelines for solar arrays in Historic Districts, the design review and appeal pro- cess, the impact and solutions for glare from panels, and the size of panel arrays. Motion carried 6-1 with Rios voting nay. Book 146 Regular Session, November 21, 2016 451 Motion by Lynch for final consideration and passage of Ordinance No. 58-16 Amending Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code, by Amending 16-3-11 to establish administrative waiver process for freestanding solar arrays in Residential and Office Districts. Seconded by Connors. Motion carried 6-1 with Rios voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 58-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMEND- ING 16-3-11 TO ESTABLISH AN ADMINIS- TRATIVE WAIVER PROCESS FOR FREE- STANDING SOLAR ARRAYS IN RESIDEN- TIAL AND OFFICE DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code Articles 16-3-11 is hereby amended as follows: Administrative Waiver – Freestanding So- lar Array A. The purpose of the administrative waiver process for residential freestanding solar array is to facilitate the installation of freestanding solar arrays in residential and office districts while ensuring compatibility with existing development patterns and protecting investments made by surround- ing property owners. B. The City Planner shall issue a waiv- er only for freestanding solar arrays that comply with the following criteria. If the fol- lowing criteria are not met, then the appli- cant still has the opportunity to apply for a Special Exception through the Zoning Board of Adjustment. C. Criteria: 1. An administrative waiver for a freestanding solar array is available in the following residential and office zoning districts: R-1, R-2, R-2A, R-3, R-4, OR and OC Districts. 2. An administrative waiver is available for a freestanding solar ar- ray up to a maximum of 20 feet in height and 500 square feet in area. That all abutting property own- er(s), including property owner(s) di- rectly across the street, alley or plat- ted public right-of-way agree to the requested freestanding solar array by signing a waiver form supplied by the Planning Services Office. 3. That a site plan depicting the location of the freestanding solar ar- ray on the property and its distance to the side and rear property lines shall be prepared by the applicant, re- viewed for completeness by the Planning Services Office staff. 4. That an elevation rendering of the freestanding solar array indicating maximum height and width of the in- stallation shall also be prepared by the applicant, reviewed for complete- ness by Planning Services Office. 5. The applicant shall meet with each property owner and review with them the site plan and elevation ren- dering for the proposed solar array installation. Each property owner will need to agree to the proposal by signing a waiver form. D. Planning Staff will verify that the ap- plication is complete, that all waiver forms are signed, have the applicant sign before a Notary that they met with all the neigh- boring property owners and received their signatures, and notify the Building Services Department that an administrative waiver has been approved. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advi- sory Commission of the City of Dubuque, Io- wa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21st day of November, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of November, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Vacate Storm Sewer and Sanitary Sew- er Easement at 3225 and 3275 Pennsylvania Avenue: Proof of publication on notice of pub- lic hearing to approve the vacate of a storm and sanitary sewer easement across Lot 1 and Lot 2 of Lange Estate (3225 & 3275 Pennsyl- vania Avenue) and the City Manager recom- mending approval. Motion by Connors to re- ceive and file the documents and adopt Reso- lution No. 399-16 Disposing of City interest in a Storm and Sanitary Sewer Easement over and across Lot 1 and Lot 2 of Lange Estate (Originally Platted as Lot 1-2 of the Southwest ¼ of the Southwest ¼ of Section 22, T89N, R2E) in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 399-16 DISPOSING OF CITY INTEREST IN A STORM AND SANITARY SEWER EASE- Book 146 Regular Session, November 21, 2016 452 MENT OVER AND ACROSS LOT 1 AND LOT 2 OF LANGE ESTATE (ORIGINALLY PLAT- TED AS LOT 1-2 OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 22, T89N, R2E) IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and pub- lished notice of time and place of hearing, pub- lished in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 11th day of November, 2016, the City Council of the City of Dubuque, Iowa met on the 21st day of November, 2016, at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to con- sider the disposal of City interest in a storm and sanitary sewer easement granted to the City in 1963 over Lot 1 and Lot 2 of Lange Estates (Originally Platted as Lot 1-2 of the Southwest ¼ of the Southwest ¼ of Section 22, T89N, R2E) according to deed record Bk. 181 Pg. 503 in the Dubuque County Record- er’s Office, said real estate as shown on the attached exhibit labelled “Easement Vacate Exhibit” and described as: Lot 1 and Lot 2 of Lange Estate in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Recorder’s Office, over Lot 2 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Ex- hibit, to Applewood IV LLC is approved. That the release of City of Dubuque interest in the storm and sanitary sewer easement granted to the City in 1963, as found in deed record Bk. 181 Pg. 503 in the Dubuque County Record- er’s Office, over Lot 1 of Lange Estate, in the City of Dubuque, as shown on the attached Easement Vacate Exhibit, to Dubuque Senior Housing IV LLC is approved. Section 2. That the Mayor be authorized and directed to execute a Release of Ease- ment, and the City Clerk be and is hereby au- thorized and directed to deliver said Release to Applewood IV LLC. That the Mayor be au- thorized and directed to execute a Release of Easement, and the City Clerk be and is hereby authorized and directed to deliver said Re- lease to Dubuque Senior Housing IV LLC. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and the Re- lease of Easement to Applewood IV LLC and the Release of Easement to Dubuque Senior Housing IV LLC in the offices of the City As- sessor, Dubuque County Recorder and Dubu- que County Auditor. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Jule Operations and Training Center Project: Proof of publication on notice of public hearing to approve plans, specifications, form of contract and estimated cost for the Jule Operations and Training Center Project and the City Manager recommending approval. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 400-16 Ap- proval of plans, specifications, form of con- tract, and estimated cost for the Jule Opera- tions and Training Center Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 400-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE JULE OPERATIONS AND TRAINING CENTER PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Jule Operations and Training Center Project in the estimated amount $5,474,900, are hereby approved. Passed, adopted and approved this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Greater Downtown Urban Renewal Dis- trict Amendment: Proof of publication on notice of public hearing to approve an amendment to the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renew- al District and the City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 401-16 Approving the Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 401-16 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RE- NEWAL DISTRICT Whereas, by Resolution 360-16 on Octo- ber 17, 2016 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan") for Book 146 Regular Session, November 21, 2016 453 the Greater Downtown Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan is to provide opportunities which will further economic development purposes and objec- tives as described in the Plan in the District; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Io- wa with no written objections or recommended changes to the Amended and Restated Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amend- ed and Restated Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District, on file in the City Clerk's Office and made reference to herein, is hereby approved; that a feasible method exists for the location of any families who will be dis- placed from the District into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. North Cascade Road Housing Urban Renewal Area Amendment: Proof of publica- tion on notice of public hearing approving an Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area and the City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 402-16 Approving the Amended Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area. City Manager Van Milligen and City Attorney stated that these amendments need to be in place in or- der to identify a funding source prior to any future actions related to urban renewal areas. Motion carried 6-1 with Del Toro voting nay. RESOLUTION NO. 402-16 APPROVING THE AMENDED URBAN RE- NEWAL PLAN FOR THE NORTH CASCADE ROAD HOUSING URBAN RENEWAL AREA Whereas, by Resolution 365-16 approved on October 27, 2016, the City Council of the City of Dubuque, Iowa authorized the prepara- tion of an Amended and Restated Urban Re- newal Plan (the "Amended and Restated Plan") for the North Cascade Road Housing Urban Renewal Area (the "District"); and Whereas, the proposed Urban Renewal Plan for the District has been prepared and placed on file for public inspection in the City Clerk's Office; and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan is to provide opportunities which will further housing and residential development as de- fined by Iowa Code Section 403.17(12), as described in the Plan; and Whereas, the City Council finds that the District meets the definition of an economic development area as found in Chapter 403 of the Iowa Code, and is appropriate for the pro- vision of public improvements related to hous- ing and residential development; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area is hereby approved; that a feasible method exists for the location of any families who will be displaced from the District into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; and that the Amended and Restated Plan con- forms to the general plan of the City as a whole. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution and the Urban Renewal Plan in the office of the Dubuque County Auditor. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. English Ridge Housing Urban Renewal Area Amendment: Proof of publication on no- tice of public hearing approving the Amended and Restated English Ridge Housing Urban Renewal Plan and the City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Resolution Book 146 Regular Session, November 21, 2016 454 No. 403-16 Approving the Amended and Re- stated Urban Renewal Plan for the English Ridge Housing Urban Renewal Area. Second- ed by Resnick. Motion carried 6-1 with Del Toro voting nay. RESOLUTION NO. 403-16 APPROVING THE AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR THE ENGLISH RIDGE HOUSING URBAN RENEWAL AREA Whereas, by Resolution 359-16 approved on October 17, 2016, the City Council of the City of Dubuque, Iowa authorized the prepara- tion of an Amended and Restated Urban Re- newal Plan (the "Amended and Restated Plan") for the English Ridge Housing Urban Renewal Area (the "District"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan is to provide opportunities which will further economic development purposes and objec- tives as described in the Plan in the District; and Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Io- wa with no written objections or recommended changes to the Amended and Restated Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amend- ed and Restated Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the English Ridge Housing Urban Renewal Area is hereby ap- proved; that a feasible method exists for the location of any families who will be displaced from the District into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; and that the Amended and Restated Plan con- forms to the general plan of the City as a whole. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of this Resolution and the Amended and Restated Urban Re- newal Plan in the office of the Dubuque Coun- ty Auditor. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Jacob Long, 4604 Cardinal Drive, spoke in reference to finding solutions to the use of plastic shopping bags and changing the start time of City Council meetings back to 6:30 p.m. Diane McClain, 255 Bradley St., spoke in reference to the City Council’s upcoming work session on the Source of Income report and requested that the Council carefully review the report adding that landlords be allowed to re- tain a choice to participate in the Housing Choice Voucher program (Section 8) should changes to the program be considered. Michael Green, 2481 Hempstead St., spoke in reference to keeping the right of a landlord to choose participation in the Housing Choice Voucher program, the availability of current housing and substandard/older build- ings. Julie Gross, 18040 Riverside Rd., ex- pressed her opposition to what she believes is unnecessarily adding Housing Department staff to manage and police housing programs, increased inspection fees and being told to participate in such programs. ACTION ITEMS 1. Loras College Honors Project - Single- Use Plastic Checkout Bags: Loras College Honors Project Students Morgan Dolan, Abi- gail Kirchner and Christine McDonald made a presentation and responded to questions from the City Council regarding single-use plastic checkout bags. Three options were provided: reduce through a ban, no action, or a com- promise though user fees. The presenters provided information on ecological threats, their research with businesses, how and what fees could be implemented, certain exemp- tions, what percentage of the fees could be retained by business and the city, implementa- tion and health issues related to reusable bags, recycling opportunities, and public edu- cation. Restated motion by Lynch to receive and file the documents and refer to staff. Se- conded by Jones. Motion carried 4-3 with Rios, Del Toro, and Resnick voting nay. 2. Sister City Relationships Advisory Commission: Sister City Relationships Adviso- ry Commission recommending City Council approval to transition to a nonprofit organiza- tion under an agreement with the Dubuque Convention and Visitors Bureau. Motion by Jones to receive and file the documents, ap- prove the recommendation and hear the presentation. Seconded by Resnick. Sister City Commission Chairperson Jeff Jochum and Commissioner Dick Landis provided a presentation that explained the history and makeup of the Commission and the City’s three Sister City relationships. They further described the research and benefits to the transition. Motion carried 7-0. Book 146 Regular Session, November 21, 2016 455 3. Timber Ridge Estates Final Plat: City Manager recommending approval of the Final Plat of Timber Ridge Estates subject to allow- ing 22-foot paving width for Forest Glen Court and Timber Court, and waiving Sections 11-20 Water Supply, 11-21 Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees. Motion by Lynch to receive and file the documents and adopt Resolution No. 404-16 Approving the Final Plat of Timber Ridge Estates in Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 404-16 APPROVING THE FINAL PLAT OF TIMBER RIDGE ESTATES IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Timber Ridge Estates; and Whereas, said Final Plat provides for a 22- foot pavement width for Forest Glen Court and Timber Court, where 26-foot paving width for a private street is required by Section 11-15 of Title 16 of the City of Dubuque Code of Ordi- nances, Unified Development Code; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statutes and ordinances relat- ing thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code, is waived to allow two 22-foot wide paved private streets. Section 2. That the City Council hereby waives Sections 11-20 Water Supply, 11-21, Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guar- antees. Section 3. That the Final Plat of Timber Ridge Estates is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance here- to attached agreeing: a) To construct private street im- provements in accordance with im- provement plans approved by Dubuque County and certified upon completion by a professional engineer licensed by the State of Iowa. b) To maintain the private street improvements constructed as part of Timber Ridge Estates until such time as a homeowners association is formed and is responsible for maintenance of the same. Section 4. That in the event Timber Ridge Estates, LLC fails to execute the acceptance within 180 days after the date of this Resolu- tion, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 404- 16 I, the undersigned, Matt Horsfield, repre- senting Timber Ridge Estates, LLC, having read the terms and conditions of the Resolu- tion No. 404-16 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 11th day of November, 2016. /s/Matt Horsfield, Timber Ridge Estates, LLC 4. Sky Blue Estates #2 Final Plat: City Manager recommending approval of the Final Plat of Sky Blue Estates #2 as it is in compli- ance with the City of Dubuque Unified Devel- opment Code, subject to waiving the right-of- way width for Sky Blue Drive and Zephyr Drive. Motion by Jones to receive and file the documents and adopt Resolution No. 405-16 Authorizing approval of the Final Plat of Sky Blue Estates #2 in the City of Dubuque, Iowa. Seconded by Del Toro. Connors expressed her concerns and those of residents in the area about serious water runoff still occurring with development despite it being addressed with the developers and city engineers. City Manager will provide a response to Council. Motion carried 7-0. RESOLUTION NO. 405-16 AUTHORIZING APPROVAL OF THE FINAL PLAT OF SKY BLUE ESTATES #2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Sky Blue Estates #2 in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Sky Blue Drive (Lot A), Zephyr Drive (Lot B), and Golden Eagle Drive (Lot C) together with certain public utility, storm sewer and water main easements, which the owner by said final plat has dedicat- ed to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission Book 146 Regular Session, November 21, 2016 456 and its approval has been endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and her approval has been endorsed thereon, subject to the owner’s agreeing to the conditions specified herein; and Whereas, said final plat has been exam- ined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been complete- ly constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Sky Blue Drive (Lot A), Zephyr Drive (Lot B) and Golden Eagle Drive (Lot C) and the easements for public utilities, storm sewer and water mains, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of Sky Blue Estates #2 is hereby approved and the Mayor and City Clerk are hereby authorized and di- rected to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance of the at- tached conditions and further agree: a. To reduce Sky Blue Drive (Lot A), Zephyr Drive (Lot B), and Golden Eagle Drive (Lot C) to grade and to construct longitudinal sub-drain, con- crete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pavement with inte- gral curb, all in accordance with the City of Dubuque standard specifica- tions in a manner acceptable to the City Engineer, in conformance with con- struction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. b. To install sanitary sewer mains and sewer service laterals into each in- dividual lot, water mains and water ser- vice laterals into each individual lot, storm sewers and catch basins, boule- vard street lighting, fiber optic conduit, and erosion control devices all in ac- cordance with the City of Dubuque standard specifications in a manner ac- ceptable to the City Engineer, and in accordance with construction improve- ment plans approved by the City Engi- neer, and inspected and approved by the City Engineer. c. To construct accessible sidewalk ramps at each intersection in accord- ance with City of Dubuque Standards and Specifications. d. To construct the improvements outlined in (a) and (b) above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. e. To maintain the improvements outlined in (a) and (b) above for a peri- od of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner; f. To provide security for the per- formance of the foregoing conditions specified in this Section in such form and with such sureties as may be ac- ceptable to the City Manager of the City of Dubuque, Iowa. Section 3. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights-of-way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 4. That the owner must construct and maintain erosion control devices in Sky Blue Estates which control erosion and pre- vent sediment from leaving the site. The owner shall also be responsible for maintenance of the detention facility located on Lot G of Eagle Valley Subdivision until 80% of the lots shown on the preliminary plat of in Sky Blue Estates, which drain into said detention facility, have been fully developed and adequate erosion control measures, as approved by the City Engineer, have been installed on the remain- ing 20% of said lots. Until the above 80% of lots are developed, maintenance of the deten- tion facilities in Lot G Eagle Valley Subdivision shall include the removal of sediment and oth- er debris caused by construction activities in Sky Blue Estates and reshaping and reseeding of the disturbed areas. After said 80% lots are developed, inspection, administration, and maintenance expenses incurred by the City of Dubuque for the storm water detention facility on Lot G of Eagle Valley Subdivision shall be assessed against the property owners, except the City of Dubuque, in Eagle Valley Subdivi- sion and Sky Blue Estates as indicated on the preliminary plats thereof, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certi- fy such costs to the Dubuque County Treasur- er, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right-of-way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer’s expense. Book 146 Regular Session, November 21, 2016 457 Section 6. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the ap- proved improvement plans and City standards and specifications and accepted by City Coun- cil Resolution. Section 7. That in the event E.K.M., LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the ac- ceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 21st day of November, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 405-16 I, the undersigned, Jeff McAuliffe, repre- senting E.K.M., LLC, having read the terms and conditions of the Resolution No. 405-16 and being familiar with the conditions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this XXX day of XXXXXXXX, 2016. /s/Jeff McAuliffe 5. Greater Downtown Urban Renewal Dis- trict Amendment: City Manager recommending approval of an ordinance amending the Tax Increment Financing District for the Greater Downtown Urban Renewal District that will authorize the inclusion of three adjacent areas, the new North End, West Locust Street Corri- dor and University Avenue Corridor. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Lynch. Motion carried 7- 0. Motion by Jones for final consideration and passage of Ordinance No. 59-16 Amending Ordinance No. 45-14, Previously Amended, and Ordinance No. 61-08, providing that gen- eral property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Io- wa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubu- que Community School District, and other Tax- ing Districts, be paid to a special fund for pay- ment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Re- stated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 59-16 AMENDING ORDINANCE NO. 45-14, PRE- VIOUSLY AMENDED, AND ORDINANCE NO. 61-08, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COL- LECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWN- TOWN URBAN RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBU- QUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND IN- TEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, IN- CURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED UR- BAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, the City Council of the City of Dubuque, Iowa (the "City") has heretofore, in Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18, 1967, pursuant to Section 403.19 of the Code of Iowa; and Whereas, the Urban Renewal Plan for the original Downtown Dubuque Urban Renewal Project, Iowa R-15, subsequently has been amended on numerous occasions, growing through expansion or merger with other exist- ing urban renewal districts, resulting in Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor Sub- area B, Ice Harbor Subarea C, Industrial Har- bor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, Washington Street, North Kerper Boulevard, Quebecor, Harrison Street, Holy Ghost, and Almond Street Subareas being added to what is now known as the Amended and Restated Greater Downtown Urban Renewal District; and Whereas, consistent with the amendments to the Urban Renewal Plan, Ordinance No. 30- 82 subsequently was amended on numerous occasions to provide for the division of taxes within the Amended and Restated Greater Downtown Dubuque Urban Renewal District, most recently by Ordinance No. 45-14, creat- Book 146 Regular Session, November 21, 2016 458 ing separate base valuations for the Bluff Street, Cable Car, Chaplain Schmitt, East 7th Street, Ice Harbor Subarea A, Ice Harbor Sub- area B, Ice Harbor Subarea C, Industrial Har- bor, Kerper Boulevard, Old Main, South Bluff, South Main, South Port, Town Clock, Town Clock Expansion, Upper Main, Warehouse, and Washington Street, North Kerper Boule- vard, Quebecor, Harrison Street, Holy Ghost, and Almond Street Subareas ; and Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to Resolution No. 401-16 approved on November 21, 2016, for the purpose of expanding the Greater Downtown Urban Re- newal District to include additional areas de- scribed as the North End, West Locust Street Corridor, and University Avenue Corridor Sub- areas, and to include the area originally desig- nated in Ordinance No. 61-08 as the Dubuque Brewing & Malting Urban Renewal Area; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to fi- nance urban renewal project activities within the combined area known as the Greater Downtown Urban Renewal District (the “Greater Downtown Urban Renewal District”), and the continuing needs of redevelopment within the Greater Downtown Urban Renewal District are such as to require the continued application of the incremental tax resources within the expanded Greater Downtown Urban Renewal District; and Whereas, the following enactment is nec- essary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance Nos. 45-14 and 61-08 are here- by amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: a. Town Clock Subarea shall mean and include that area described as fol- lows: Beginning at the intersection of the north right-of-way line of Ninth Street with the east right-of-way line of Central Avenue; thence south along the east right-of-way line of Central Avenue to its intersection with the south right- of-way line of Fourth Street; thence west along the south right-of-way line of Fourth Street to its intersection with the west right-of-way line of Locust Street; thence north along the west right-of-way line of Locust Street to its intersection with the north right-of-way line of Ninth Street, but also including the adjacent City Lots 623 and 624 (Dubuque Museum of Art), the Locust Street Parking Ramp between 8th and 9th Streets and the former U.S. Federal Building located on City Lots 101, 102, 139, 140, and the N 54.5’ of City Lots 103 & 138, and the vacated alley be- tween said lots; thence east along the north right-of-way line of Ninth Street to its intersection with the east right-of- way line of Central Avenue, and point of beginning, including all public rights- of-way. b. Town Clock Expansion Subarea shall mean and include the following described properties: South 1/2 of City Lot 167, City Lot 168 and City Lot 168A (Iowa Inn property); and Lots 1 & 2 of City Lots 204, 205, 206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot 263, N. 1/2 of City Lot 262, S. 1/2 of City Lot 262, N. 1/2 of City Lot 261 (Parking Lot Number 1), all in the City of Dubuque, Iowa and any adjoining public right-of-way c. Old Main Subarea shall mean and include that area generally bound- ed on the North by Fourth Street, on the West by Locust Street, on the South by the Locust Street Connector and on the East by the U.S. Highway 151/61 right-of-way, including all public rights-of-way. d. Upper Main Subarea shall mean and include that area generally bound- ed on the North by Fourteenth Street, on the West by Locust Street but in- cluding City Lots 658A, 659, 660, and the balance of City Lots 658 (Carnegie- Stout Public Library), on the South by the northerly boundary of the Town Clock Subarea and on the East by Central Avenue, and including all public rights-of-way. e. Ice Harbor Subarea A shall mean and include that area generally bound- ed on the north by the public alley lo- cated between the vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Rail- road right-of-way, on the south by East First Street and on the east by the mu- nicipal limits of the City of Dubuque, Iowa and including any adjoining public right-of-way. f. Ice Harbor Subarea B shall mean and include that area generally bound- ed on the north and west by the Chica- go, Central and Pacific Railroad right- of-way, on the south by the northerly boundary of Subarea A and on the east by the municipal limits of the City of Book 146 Regular Session, November 21, 2016 459 Dubuque including any adjoining public right-of-way. g. Ice Harbor Subarea C shall mean and include Lot 1-2 and Lot 2-2 of Ad- ams Company’s 4th Addition, and all that part of Lot 2-1 of Adams Compa- ny’s 4th Addition lying west of the nor- therly extension of the westerly line of the Balance of Lot 3 of Adams Compa- ny’s 2nd Addition, in the City of Dubu- que, Iowa including any adjoining pub- lic right-of-way. h. Warehouse Subarea shall mean and include that area generally bound- ed by the following description: Com- mencing as a point of reference at the intersection of the centerlines of 11th Street and Central Avenue in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence northeasterly along the center- line of 11th Street to a point of intersec- tion with the centerline of White Street; Thence northwesterly along the center- line of White Street to a point of inter- section with the centerline of 12th Street; Thence northeasterly along the centerline of 12th Street and extension thereof to a point of intersection with the centerline of US Highways 151 and 61; Thence southwesterly along the centerline of US Highways 151 and 61 to a point of intersection with the cen- terline of 4th Street extended; Thence southwesterly along the centerline of 4th Street and extension thereof to a point of intersection with the centerline of Central Avenue; Thence northwest- erly along the centerline of Central Av- enue to a point of intersection with the centerline of 9th Street; Thence south- westerly along the centerline of 9th Street to a point of intersection with the westerly line of City Lot 259 extended southerly; Thence northwesterly along the westerly line of City Lot 259, and Lots 1 and 2 of the Subdivision of the South ½ of City Lot 261 and City Lot 260 to the southwest corner of the N ½ of City Lot 261; Thence northeasterly along the southerly line of the N ½ of City Lot 261 and extension thereof to a point of intersection with the centerline of Central Avenue; Thence northwest- erly along the centerline of Central Av- enue to a point of intersection of 11th Street also being point of beginning. i. South Main Subarea shall mean and include that area generally bound- ed by the following description: Com- mencing as a point of reference at a point of intersection of the centerline of Locust Street with the Locust Street Connector in the City of Dubuque, Dubuque County, Iowa, said point be- ing the point of beginning; Thence northeasterly along the centerline of the Locust Street Connector to a point of intersection with the centerline of US Highways 52, 61, and 151; Thence southeasterly along the centerline of US Highways 52, 61, and 151 to a point of intersection with the centerline of the eastern section of Jones Street extended southwesterly; Thence southwesterly along said extension of the centerline of the eastern section of Jones Street to a point of intersection with the centerline of Main Street; Thence northwesterly along the center- line of Main Street to a point of inter- section with the centerline of Jones Street; Thence northwesterly along the centerline of Jones Street to a point of intersection with the easterly line of Lot 2D of vacated Shields Street extended northerly; Thence southeasterly along the easterly line of Lot 2D of vacated Shields Street to the southeasterly cor- ner of said Lot 2D; Thence southwest- erly along the southerly lines of Lot A and Lot 2D of vacated Shields Street and Lot 1 of 2 of City Lot 543 extended westerly to a point of intersection with the centerline of Locust Street; Thence northeasterly along the centerline of Locust Street to a point of intersection with the centerline of the Second Street Connector, also being the point of be- ginning. j. South Port Subarea shall mean and include that area generally bound- ed by the following description: Begin- ning at a point of reference at the northwest corner of Lot 2 of AA Cooper Wagon Works Block in the City of Dubuque, Dubuque County Iowa, said point being on the southerly right of way line of East First Street; Thence southeasterly along the southerly right of line of East First Street and exten- sion thereof to the municipal limits of the City of Dubuque; Thence southerly along said municipal limits to a point of intersection with the southern right of way line of Railroad Ave. extended easterly; Thence southwesterly along said right of way line extension there to the southeast corner of Lot A, Block 15 Dubuque Harbor Company’s Addition; Thence northwesterly along the easter- ly line of said Lot A to the northerly right of way line of Railroad Ave., and south line of lot 1 of 5 of Block 27 Dubuque Book 146 Regular Session, November 21, 2016 460 Harbor Company’s Addition; Thence northwesterly along the westerly lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2 and 1 of 1 of said Block 27 to the south line of lot 4A of said Block 17; Thence wester- ly to the easterly right of way line of va- cated Water Street; Thence northwest- erly along said easterly line to the southwesterly corner of lot 2 of said Block 17; Thence westerly along the extension of the southerly line of said Lot 2 to the westerly line of Vacated Water Street; Thence northerly along said westerly right of way line to the southerly corner of Lot 2 of Block 18 of Dubuque Harbor Company’s Addition; Thence northwesterly along the wester- ly line of said Lot 2 to a point of inter- section with the southerly right of way line of vacated Charter St; Thence southwesterly along said right of way line and extension thereof the center- line of South Main Street; Thence northwesterly along said centerline to the northerly line of Lot 5, Block 13 Dubuque Harbor Company’s Addition extended northeasterly; Thence south- westerly along said line to the easterly line of Lots 7 and 8 of said Block 13; Thence southeasterly along the easter- ly lines of said Lots 7 & 8 and extension thereof to the centerline of Charter Street; Thence southwesterly along said centerline to the centerline of Sa- lina Street; Thence northwesterly along said centerline to the northerly line of Lot 1 of Harrison Street Place No. 4 ex- tended northeasterly; Thence south- westerly along the northerly lines of said Lot 1 of Harrison Street Place No. 4 extended to the westerly right of way line of Harrison St.; Thence northerly along the easterly line of Lot 3 of Ray- mond Baumhover Subdivision to the northeast corner of said Lot 3, thence westerly along the northerly line of said Lot 3 and westerly extension thereof to the centerline of relocated South Lo- cust St; Thence northerly along said centerline to the centerline of Dodge St; Thence easterly along said centerline of Dodge Street to a point of intersec- tion with the westerly line of Lot E of vacated Shields Street extended southerly; Thence northerly along said westerly line to the northwest corner of said lot E; Thence easterly along the north line of said lot E and Lot 6 Block 11 of Dubuque Harbor Company’s Ad- dition and extension thereof to the cen- terline of Main Street; Thence south- easterly along the centerline of Main St. to the centerline of Dodge Street; Thence easterly along the centerline of Dodge St to the intersection of Highway 61/151; Thence northwesterly along said centerline to a point of intersection with the southerly right of way line of East First Street; Thence southeasterly along said right of way line to the point of beginning. k. Cable Car Subarea shall mean and include that area generally bound- ed by the following description: Com- mencing as a point of reference at the intersection of the centerlines of Sec- ond Street and Locust Street in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence southeasterly along the center- line of Locust Street to a point of inter- section with the centerline of First Street; Thence southwesterly along the centerline of First Street to a point of in- tersection with the centerline of Bluff Street; Thence northwesterly along the centerline of Bluff Street to a point of in- tersection with the centerline of Emmett Street; Thence southwesterly along the centerline of Emmett Street to a point of intersection with the centerline of St. Mary’s Street; Thence northwesterly along the centerline of St. Mary’s Street and to a point of intersection with the northerly line of Cathedral Center ex- tended southwesterly; Thence north- easterly along the northerly line of Ca- thedral Center to a point of intersection with the westerly right of way line of Bluff Street; Thence northwesterly along said westerly right of way line of Bluff Street and extension thereof to a point of intersection with the centerline of Third Street; Thence southwesterly along the centerline of Third Street to a point of intersection with the westerly line of Lot 1 of the East 78 ft. of the South 100 ft. of Lot 4 of City Lot 692 extended southerly; Thence northwest- erly along said westerly line to a point of intersection with the southerly line of Fenelon Point Subdivision; Thence northeasterly along said southerly line to a point of intersection with the west- erly line of Lot 2 of 2 of City Lot 692; Thence northwesterly along said west- erly line and westerly line of Lot 1 of 2 of City Lot 692 to a point of intersection with the southerly right of way line of W. Fourth Street; Thence northeasterly across W. Fourth Street to the south- west corner of Lot 1 of Evan’s Place, said point also being on the northerly right of way line of W. Fourth Street; Thence northwesterly along the west line of said Lot 1 to the southeast cor- Book 146 Regular Session, November 21, 2016 461 ner of Lot 34 of Cooper Heights Addi- tion; Thence continuing northwesterly along the easterly line of Lots 34, 35, 36 and 37 of Cooper Heights Addition to a point of intersection with the southerly right of way line of W. Fifth Street; Thence northeasterly to a point of intersection in the centerline of W. Fifth Street approximately 270 feet southwesterly of the centerline of Bluff Street; Thence northwesterly along the centerline of W. Fifth Street to a point of intersection with the southerly line of Coriell’s Dubuque also being the nor- therly right of way line of W. Fifth Street; Thence northeasterly along said right of way line of W. Fifth St. to the southwest corner of Lot 1 of City Lot 690 Thence northwesterly along the westerly line of said Lot 1 to the north- west corner of said Lot 1 Thence northeasterly along the northerly line of said Lot 1 to the northeast corner of said Lot 1; Thence southeasterly along the easterly line of said Lot 1 to a point of intersection with the northerly line of the south 62.5 ft. of the north 64 ft. of City lot 617 Thence northeasterly along said northerly line and extension there- of to a point of intersection with the centerline of Bluff Street; Thence southeasterly along the centerline of Bluff Street to a point of intersection with the northerly line of the south 10 ft. of City Lot 138 extended southwesterly; Thence northeasterly along said nor- therly line and northerly line of the south 10 ft. of the south 34.6 ft. of City Lot 103 and extension thereof to a point of intersection with the centerline of Locust Street; Thence southeasterly along the centerline of Locust Street to a point of intersection with the center- line of Second Street, said point being the point of beginning. l. Bluff Street Subarea shall mean and include that area generally bound- ed by the following description: Com- mencing as a point of reference at the intersection of the centerlines of W. Sixth Street and Bluff Street in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; thence southeasterly along the center- line of Bluff Street to a point of intersec- tion with the northerly line of the south 62.5 ft. of the north 64 ft. of City Lot 617 extended southeasterly; thence southwesterly along said northerly line to the easterly line of Lot 1 of City Lot 690; thence northwesterly along the easterly line of said Lot 1 to the north- east corner of said Lot 1; thence southwesterly along the northerly line of said Lot 1 to the northwest corner of said Lot 1; thence southeasterly along the westerly line of said Lot 1 to a point of intersection with northerly right of way line of W. Fifth Street; thence southwesterly along said right of way line of W. Fifth St. to the southeast cor- ner of the South 73’ of Lot 13 of Cori- ell’s Dubuque; thence northwesterly 73’ along the easterly line of said South 73’ of Lot 13 of Coriell’s Dubuque to the northeast corner of the South 73’ of Lot 13 of Coriell’s Dubuque; thence south- westerly along the northerly line of said South 73’ of Lot 13 of Coriell’s Dubu- que to a point of intersection with west- erly line of Lot 13 of Coriell’s Dubuque; thence northwesterly along said west- erly line of Lot 13 to a point of intersec- tion with the southerly line of Lot 33 of Coriell’s Dubuque; thence northeasterly along said southerly line of Lot 33 to a point of intersection with the westerly line of Lot 14 of Coriell’s Dubuque’ thence northwesterly along said west- erly line of said Lot 14 to a point of in- tersection with the southerly line of Lot 34 of Coriell’s Dubuque; thence north- easterly along said southerly line of Lot 34 to the easterly line of Coriell’s Dubuque; thence northwesterly along said easterly line Lots 34, 35, 36, 37, 38, and 44 of Coriell’s Dubuque to the northwest corner of the North 50’ of Lot 1 of Lot 1 of City Lot 653; thence north- easterly along the northerly line of said North 50’ of Lot 1 of Lot 1 of City Lot 653 to the southeast corner of Lot 1 of McKinlay’s Subdivision; thence north- westerly along said easterly line of said Lot 1 and extension thereof to a point of intersection with the centerline of West Eighth Street; thence northwest- erly along said centerline of West Eighth Street to a point of intersection with the westerly line of Lot 1 of the Subd’n. of City Lot 688 and part of City Lot 654 extended southerly; thence northwesterly along said westerly line of Lot 1 and extension thereof northerly to a point of intersection with the cen- terline of West Ninth Street; thence southwesterly along the centerline of West Ninth Street to a point of intersec- tion with the southerly extension of the westerly line of Lot 2 of Lot 12 of Cen- tral Addition; thence northwesterly along said westerly right of Lot 2 of Lot 12 to the northwest corner of said Lot; thence northeasterly along the norther- Book 146 Regular Session, November 21, 2016 462 ly line of said Lot 2 of Lot 12 to the northeast corner of said Lot; thence southeasterly along said easterly line of said Lot 2 of Lot 12 to the southwest corner of Lot 1 of Lot 11 of Central Ad- dition; thence northeasterly along the southerly line of Lot 1 of Lot 11 and Lot 1 of Lot 10 of Central Addition to a point of intersection with the westerly line of Lot 1 of Lot 9 of Central Addition; thence northwesterly along said west- erly line of Lot 1 of Lot 9 to a point of in- tersection with the southerly right of way line of a public alley in Central Ad- dition; thence northeasterly along said southerly line to a point of intersection with the westerly line of Lot 1 of 1 of 10 of Lorimer’s Subdivision; thence north- westerly along said westerly line of said Lot 1 of 1 of 10 to the northerly line of Lorimer’s Subdivision; thence north- easterly along the northerly line of Lor- imer’s Subdivision to the southeast corner of a public alley between Cork- ery’s Subdivision and City Lot 655; thence northwesterly along the easterly right of way line of said alley to a point of intersection with West Eleventh Street; thence southwesterly along cen- terline of West Eleventh Street to a point of intersection with the centerline of Grove Terrace; thence northwesterly along centerline of Grove Terrace to a point of intersection with the northerly right of way line of Arlington Street; thence northeasterly along the norther- ly right of way line of Arlington Street to the southeast corner of City Lot 769B; thence northwesterly along the easterly line of said City Lot 769B to a point of intersection with the southerly line of Lot 3 of Brown’s Subdivision; thence southwesterly along the southerly line of said Lot 3 to the southwest corner of said lot; thence northwesterly along the westerly line of said Lot 3 and exten- sion thereof to a point of intersection with the centerline of Loras Boulevard; thence northeasterly along said center- line to a point of intersection with the centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of W. Eleventh Street; thence southwesterly along the centerline of W. Eleventh Street to a point of intersection with the centerline of Bluff Street; thence southeasterly along the centerline of Bluff Street to a point of intersection with the extension of the southerly line of City Lot 658A; thence northeasterly along the souther- ly line of City Lot 658A extended and the southerly line of City Lot 658, ex- cept the southerly one foot thereof, ex- tended to a point of intersection with the centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of West Ninth Street; thence southwesterly along the center- line of West Ninth Street to a point of intersection with the centerline of Bluff Street; thence southeasterly along the centerline of Bluff Street to a point of in- tersection with the centerline of West Eighth Street; thence northeasterly along the centerline of West Eighth Street to a point of intersection with the centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a point of intersection with the northerly line of City Lot 624 extended northeasterly; thence south- westerly along the northerly line of City Lot 624 extended southeasterly to the centerline of a public alley; thence southeasterly along the centerline of a public alley to a point of intersection with the centerline of W. Seventh Street; thence northeasterly along the centerline of W. Seventh Street to a point of intersection with Locust Street; thence southeasterly along the center- line of Locust Street to a point of inter- section with West Sixth Street; thence southwesterly along the centerline of West Sixth Street to a point of intersec- tion with Bluff Street said point being the point of beginning. m. South Bluff Street Subarea shall mean and include that area generally bounded by the following description: Commencing as a point of reference at the intersection of the centerlines of Emmett Street and Bluff Street in the City of Dubuque, Dubuque County, Io- wa, said point being the point of begin- ning; thence southeasterly along the centerline of Bluff Street to a point of in- tersection with the centerline W. First Street; thence southwesterly along the centerline W. First Street to the center- line of Bluff Street; thence southwester- ly along the centerline of Bluff Street to a point of intersection with the center- line Dodge Street; thence southwester- ly along the centerline Dodge Street to a point of intersection with the easterly line of Lot 3 of City Lot 694 extended southeasterly; thence northwesterly along the easterly line of said Lot 3 of City Lot 694 and Lot 1-1 and 2-1 of City Lot 694 to the southwest corner of Lot 1-2 of City Lot 694; thence northeaster- ly along said southerly line of said Lot Book 146 Regular Session, November 21, 2016 463 1-2 of City Lot 694 to the southeast corner of said Lot; thence northwesterly along said easterly line of Lot 1-2 of City Lot 694 to a point of intersection with the southerly line of Lot 12 of Saint Raphael’s Addition; thence northeaster- ly along said southerly line of said Lot 12 and extension thereof to the center- line of St. Mary’s Street; thence north- westerly along the centerline of St. Mary’s Street to a point of intersection with the centerline of Emmett St.; thence northeasterly along the center- line of Emmett St. to centerline of Bluff Street, said point being point of begin- ning. n. Kerper Boulevard Subarea shall mean and include the following de- scribed properties: Lot 1-2, Lot 2-2, Lot 2A, Lot 3 and Lot 6 all in Kerper Indus- trial Park in the City of Dubuque, Dubuque County, Iowa, also including the entire right of way of Kerper Court and the westerly portion of Kerper Boulevard right of way from the abut- ting Kerper Court right of way and Lot 3 of Kerper Industrial Park to the center- line of Kerper Boulevard. o. Washington Neighborhood Sub- area shall mean and include that area generally bounded by the following de- scription: Commencing as a point of reference at the intersection of the cen- terlines of Central Avenue and Loras Boulevard in the City of Dubuque, Dubuque County, Iowa, said point be- ing the point of beginning; Thence southwesterly along the centerline of Loras Boulevard to a point of intersec- tion with the westerly line of Lot 3 of Brown’s Subdivision extended norther- ly; Thence northerly to the southwest corner of Lot 2-3 of City Lot 667; Thence northwesterly along the wester- ly line of said Lot 2-3; Thence north- easterly along the northerly line of said Lot 2-3 to a point of intersection with the southeasterly line of Lot 1-3 of City Lot 667; Thence northeasterly along the said southeasterly line to the north- east corner of said Lot 1-3; Thence southwesterly along the northerly line of said Lot 1-3 to a appoint of intersec- tion with the easterly right of way line of Montrose Terrace; Thence northwest- erly along said the easterly right of way line to a point of intersection with the easterly right of way line of a public al- ley between D. N. Cooley’s Subdivision and Fairview Subdivision; Thence con- tinuing northwesterly along said the easterly alley line to a point of intersec- tion with the southerly right of way line of W. 17th Street; Thence northwesterly crossing W. 17th St. to the most easter- ly corner of Lot 2-1-1-2 of City Lot 670, said point being at the point of intersec- tion of the north right of way of W. 17th St. and westerly right of way line of W. Locust St.; Thence southwesterly along the north right of way of W. 17th St. to southeast corner of Lot 1-2-2 of City Lot 670; Thence northwesterly along the easterly lines of Lot 1-2-2 and Lot 2-2-2 of City Lot 670 to a point of inter- section with the southerly right of way line of Clark St.; Thence northwesterly crossing Clark St. to the southeasterly corner of Welsh Place; Thence north- westerly along the easterly line of said Welsh Place to the northeast corner thereof; Thence southwesterly along the northerly line of said Welsh Place to a point of intersection with the easterly right of way line of a public alley along the westerly side of A. L. Bowen’s Sub- division; Thence northwesterly along said easterly right of way line to a point of intersection with the southerly right of way line of Angella Street; Thence southwesterly along said southerly right of way line to the northeast corner of Lot 12 of Gilliam’s Subdivision; Thence northwesterly crossing Angella St. to the most southerly corner of Lot 1 of Gilliam’s Subdivision said point being on the northerly right of way line of An- gella St.; Thence northwesterly along the westerly line of said Lot 1 to a point of intersection with the southerly line of Lot 2 of Alvin Haas Place; Thence southwesterly along the southerly line of Lot 1 and Lot 2 of Alvin Haas Place and the southerly line of the Westerly 40 feet of Lot 3 of Quigley’s Subdivision of Out Lot 710 to the most easterly cor- ner of Lot 24 of Quigley’s Subdivision of Out Lot 710; Thence westerly along the southerly boundary of Lots 4 through Lots 15 of Quigley’s Subdivi- sion Out Lot 710 and the southerly line of Lots 9A, 10 and 11 of Quigley’s Subdivision Out Lot 711 to a point of in- tersection with the easterly right of way line of Pierce Street; Thence northerly along said easterly right of way line and extension thereof to a point of intersec- tion with the northerly right of way line of W. Locust Street; Thence easterly along said northerly right of way line to the easterly right of way line of Foye Street; Thence northerly along said easterly right of way line to a point of intersection with the southerly right of Book 146 Regular Session, November 21, 2016 464 way line of a public alley lying between Almond and W. Locust St.; Thence easterly along said southerly right of way line to a point of intersection with the westerly right of way line of Ellis Street; Thence southeasterly along said westerly right of way line to a point of intersection with the northerly right of way line of W. Locust Street; Thence southeasterly crossing Ellis St. to a point of intersection with the easterly right of way line of Ellis St. at the southerly right of way line of Dorgan Place; Thence easterly along said southerly right of way line of Dorgan Place to the northeast corner of Lot 1A of Dorgan’s Subdivision No. 2; Thence easterly crossing Dorgan Place to the southwest corner of Lot 5-2 of City Lot 673; Thence northerly along the west- erly line of said Lot 5-2 to the northwest corner thereof; Thence easterly along the northerly line of said Lot 5-2 to a point of intersection with the westerly right of way line of Madison Street; Thence easterly crossing Madison St. to the most westerly corner of Lot A-2-1 of City Lot 674, said point being on the easterly right of way line of Madison St. Thence easterly along the northerly line of said Lot A-2-1 to a point of intersec- tion with the easterly right of way line of Main Street; Thence northerly along said easterly right of way line to the northwest corner of Lot 2-1 of City Lot 674; Thence easterly and continuing northeasterly along the northerly lines of Lot 2-1, Lot 2-2, Lot 2-1-3, Lot 1-2-3 all of the subdivision of City Lot 674 to a point of intersection with the westerly line of Lot 4 of City Lot 674; Thence northwesterly along said westerly line to a point of intersection with the southerly line of Lot 1-1-2 of Duncan’s Subdivision; Thence northeasterly along said southerly line and southerly line of Lot 1 and Lot 2 of M. A. Reb- man’s Subdivision and extension thereof to a point of intersection with the easterly right of way line of Heeb Street; Thence northwesterly along said easterly right of way line to a point of intersection with the northerly right of way line of Clarke Drive; Thence northwesterly along said northerly right of way line to a point of intersection with the easterly right of way line of Heeb Street lying between Central Av- enue and Shelby Street; Thence northwesterly along said easterly right of way line to a point of intersection with the southerly right of way line of Kaufmann Avenue; Thence easterly along said southerly right of way line to a point of intersection with the southerly extension of the easterly right of way line of a public alley lying between Cen- tral Ave. and Francis Street; Thence northwesterly along said easterly right of way line to a point of intersection with the southerly right of way line of W. 23rd Street; Thence southwesterly along said southerly right of way line to the northwest corner of the East One- Half of Lot 11 of Tivoli Addition; Thence northwesterly crossing W. 23rd St. to the southwesterly corner of Lot 1 of Va- leria Place No. 2; Thence northwesterly along the westerly line of said Lot 1 to a point of intersection with the southerly line of Lot 2 of said Valeria Sub. No. 2; Thence southwesterly along the south- erly line of said Lot 2 to the southwest corner thereof; Thence northwesterly along the westerly line of said Lot 2 to a point of intersection with the southerly line of Lot 2-1 of Valeria Place; Thence northeasterly along said southerly line to the southeasterly corner of said Lot 2-1; Thence northwesterly along the easterly line of said Lot 2-1 the north- east corner thereof, said point also be- ing the southeasterly right of way line of Carr St.; Thence northwesterly along the easterly right of way line of Carr St. to a point of intersection with the southerly right of way line of W. 24th Street; Thence northeasterly along said southerly right of way line to a point of intersection with the southerly exten- sion of the easterly right of way line of Division Street; Thence northwesterly along said easterly right of way line to the northwest corner of Lot 8 of Wull- weber’s Subdivision; Thence south- westerly along the southerly line of John King’s Subdivision to the south- west corner of the West 33.98 feet of Lot 1-6 of John King’s Subdivision; Thence northwesterly along the wester- ly line of the West 33.98 feet of Lot 1-6 of John King’s Subdivision to the northwest corner thereof; Thence northeasterly along the northerly line of said West 33.98 feet to the southwest corner of Lot 1 of the East 329.98 feet of Lot 8 of John King’s Subdivision; Thence northwesterly along the wester- ly line of said Lot 1 to a point of inter- section with the southerly line of the NE 1/4 of said Lot 8; Thence southwesterly along said southerly line to the south- west corner of said NE 1/4 of Lot 8; Thence northwesterly along the wester- ly lines of the NE 1/4 of Lot 8, the SE 1/4 of Lot 10, the NE 1/4 Lot 10 and the Book 146 Regular Session, November 21, 2016 465 E1/2 of Lot 12 all in John King’s Subdi- vision to the northwest corner of said E1/2 of Lot 12; Thence northeasterly along the northerly line of said E1/2 of Lot 12 to the southwest corner of Lot 1- 1-1 of the E1/2 of Lot 14 in John King’s Subdivision; Thence northwesterly along the westerly lines of Lot 1-1-1 of the E1/2 of Lot 14 John King’s Subdivi- sion to the northwest corner thereof; Thence northeasterly along the norther- ly line of said Lot 1-1-1 to a point of in- tersection with the westerly right of way line of Central Avenue; Thence north- easterly crossing Central Avenue to a point of intersection of the easterly right of way line of Central Avenue and the northerly right of way line of E. 25th Street; Thence northeasterly along said northerly right of way line and exten- sion thereof to a point of intersection with the easterly right of way line of Elm Street; Thence southeasterly along said easterly right of way line to a point of intersection with the northerly right of way line of E. 24th Street; Thence northeasterly along said northerly right of way line and extension thereof to a point of intersection with the easterly right of way line of Windsor Avenue; Thence southeasterly along said east- erly right of way line to a point of inter- section with the northerly right of way line of E. 22nd Street; Thence north- easterly along said northerly right of way line to a point of intersection with the westerly right of way line of Stafford Street; Thence northeasterly crossing Stafford Street to a point of intersection of the easterly right of way line of Staf- ford Street and the northerly right of way line of Thomas Place; Thence southeasterly along said easterly right of way line of Stafford Street and ex- tension thereof to a point of intersection with the southerly right of way line of Garfield Avenue; Thence southwesterly along said southerly right of way line to a point of intersection with the center- line of Stafford Street extended south- easterly; Thence southeasterly along the centerline of Stafford Street ex- tended to a point of intersection with the northwesterly line of Lot 2-2 of Kerper Industrial Park; Thence south- westerly along said northwesterly line of Lot 1-2 of Kerper Industrial Park to the northernmost point of Lot 1 of Kerper Industrial Park; Thence south- westerly along the westerly line of said Lot 1 to a point of intersection with the northerly right of way line of E. 16th Street; Thence southwesterly along said northerly right of way line to the easterly right of way line of Pine Street; Thence southeasterly crossing E. 16th Street along said easterly right of way of Pine St. extended to a point of inter- section with the southerly right of way line of E. 16th St.; Thence southwester- ly along said southerly right of way line to a point of intersection with the east- erly right of way line of Elm Street; Thence southeasterly along said east- erly right of way line to a point of inter- section with the northerly right of way line of E. 15th Street; Thence south- westerly along said northerly right of way line to a point of intersection with the westerly right of way line of Elm Street; Thence southeasterly along said westerly right of way of Elm Street and extension thereof to a point of in- tersection with the centerline of E. 12th Street; Thence southwesterly along the said centerline of E. 12th Street to a point of intersection with the centerline of White Street; Thence southeasterly along said centerline of White Street to a point of interjection with the centerline of E. 11th Street; Thence southwesterly along said centerline of E. 11th Street to a point of intersection with the center- line of Central Avenue; Thence north- westerly along said centerline of Cen- tral Avenue to a point of intersection with the centerline of Loras Boulevard, said point being the point of beginning. p. Industrial Harbor Subarea shall mean and include that area generally bounded by the following description: Commencing as a point of reference at the intersection of the centerline of E. 12th Street and the westerly right of way of Elm Street extended southeasterly, in the City of Dubuque, Dubuque Coun- ty, Iowa, said point being the point of beginning; Thence northwesterly along said westerly right of way line of Elm Street and extension thereof to a point of intersection with the northerly right of way line of E. Fifteenth Street; Thence northeasterly along said northerly right of way line to a point of intersection with the westerly right of way line of a public alley lying between Pine Street and Maple Street; Thence northwester- ly along said westerly right of way line to the northeast corner of the North 35 feet of Lot 255 in East Dubuque Addi- tion; Thence southwesterly along the northwesterly line of said Lot to a point of intersection with the easterly right of way line of Pine Street; Thence north- Book 146 Regular Session, November 21, 2016 466 westerly along said easterly right of way line and extension thereof to the northerly right of way line of E. 16th Street; Thence northeasterly along said northerly right of way line to the south- west corner of Lot 1 of Kerper Industrial Park; Thence northwesterly and con- tinuing northeasterly along the westerly line of said Lot 1 to the most northerly corner thereof; Thence southwesterly along the westerly lines of Lot 1-2 and Lot 2A of Kerper Industrial Park to the southwest corner of said Lot 2A; Thence northeasterly along the south- erly line of said Lot 2A to the southeast corner thereof; Thence northwesterly along the easterly line of said Lot 2A to the southwest corner of Lot 6 of Kerper Industrial Park; Thence northeasterly along the southerly line of said Lot 6 to the southeast corner thereof; Thence northwesterly along the easterly line of said Lot 6 to the northeast corner thereof and point of intersection with the southerly right of way line of Kerper Court; Thence northeasterly along said southerly right of way line and exten- sion thereof to a point of intersection with the centerline of Kerper Blvd; Thence northwesterly along said cen- terline to a point of intersection with the northerly line of Lot 3 of Kerper Indus- trial Park extended easterly; Thence northwesterly along said extended line to the northeast corner of said Lot 3, said point also being on the westerly right of way line of Kerper Blvd.; Thence northerly along said right of way line to a point of intersection with the northeasterly right of way line of Fengler St.; Thence southeasterly along the extension of said northeaster- ly right of way line crossing Kerper Blvd. to a point of intersection with the westerly line of Lot 1A of Block 7 River Front Subdivision No. 3, said point be- ing on the easterly right of way line of Kerper Blvd.; Thence southeasterly along said easterly right of way line to a point of intersection with the northerly right of way line of E. 16th Street; Thence southeasterly crossing E. 16th Street to a point of intersection of the south right of way line of E. 16th St. and the east right of way line of Kerper Blvd.; Thence northeasterly along the southerly right of way line of E. 16th St. to a point of intersection with the west- erly shore of Peosta Channel; Thence southeasterly continuing along the westerly shore of Mississippi River ad- jacent to the following: Kerper Blvd., River Front Subdivision No. 2, Part of Government Lot 3, Section 19, T89N, R3E, 5th P.M., Parts of Congressional Lot 8 in Section 19, T89N, R3E, 5th P.M, Dubuque Harbor Improvement Company’s Addition, and River Front Subdivision No. 1, to a point of inter- section with the northerly line of Ice Harbor Urban Renewal Subarea B, de- scribed as “that area generally bound- ed on the north and west by the Chica- go, Central and Pacific Railroad right- of-way, on the south by the northerly boundary of Subarea A and on the east by the municipal limits of the City of Dubuque including any adjoining public right-of-way; Thence northwesterly and continuing southwesterly along the nor- therly and westerly sides of Ice Harbor Urban Renewal District Subarea B to a point of intersection with the southerly right of way line of E. 4th street; Thence southwesterly along said southerly right of way line to a point of intersection with the centerline of U.S. Highways 61/151; Thence northeasterly along said centerline to a point of intersection with the centerline of E. 12th Street; Thence southwesterly along said cen- terline to a point of intersection with the westerly right of way line of Elm St. ex- tended, said point being the point of beginning; Excepting therefrom, the East 7th Street Subarea. q. East 7th Street Subarea shall mean and include the following de- scribed properties: Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5, Lot 1 of Lot 6, and Lots 7, 8, 9, 10, 11, 12, 13 and 14; and Block 16 Lots 1, 2, 3, 4 and 5; and Block 17 Lots A, B, C, D, E, F, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, Lot 1 of Lot 16, Lot 1 of Lot 1 of Lot 17, Lot 2 of Lot 1 of Lot 18, Lot 2 of Lot 20, Lot 2 of Lot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, Lot 2 of Lot 24, Lot 2 of Lot 25, Lot 2 of Lot 26, Lot 2 of Lot 27, Lot 3 of Lot 28, Lot 3 of Lot 29, Lot 3 of Lot 30, Lot 3 of Lot 31, Lot 3 of Lot 32, all in the Dubuque Harbor Improvement Co.'s Addition, Township 89 North, Range 3 East of the 5th P.M., Dubuque County, Iowa and any adjoining public right-of-way. r. Chaplain Schmitt Subarea shall mean and include the following de- scribed properties: All of that part of the City of Dubuque lying easterly of the Peosta Channel also known as Chap- lain Schmitt Island and the area lying east of the easterly right of way line of Kerper Boulevard between the center- line of U.S. Highway 61/151 and the southerly right of way line of E. 16th Book 146 Regular Session, November 21, 2016 467 Street in Sections 17, 18, 19 and 20, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa. s. North Kerper Boulevard Subarea shall mean and include that area gen- erally bounded by the following descrip- tion: Commencing as a point of refer- ence at the point of intersection of the centerline of U.S. Highways 61 and 151 with the easterly right of way line of Kerper Boulevard in the City of Dubu- que, Dubuque County, Iowa, said point being the point of beginning; Thence northwesterly along the easterly right of way line of Kerper Boulevard to a point of intersection with the northeasterly right of way line of Fengler Street ex- tended; Thence northwesterly along said line crossing Kerper Boulevard right of way to the southerly most cor- ner of Lot 1, Block 19 River Front Sub- division No. 3; Thence southeasterly crossing Fengler Street right of way to the northeast corner of Lot 3 of River Front Subdivision No. 4, said point be- ing a point of intersection of the south- westerly right of way line of Fengler Street with the westerly right of way line of Kerper Boulevard; Thence continu- ing southeasterly along said westerly right of way line of Kerper Boulevard to the northeast corner of Lot 3 of Kerper Industrial Park; Thence westerly and northwesterly along to north line of said Lot 3 to a point of intersection with the westerly line of Kerper Industrial Park; Thence northeasterly along said west- erly line to the northwest corner of Kerper Industrial Park; Thence south- easterly along the northerly line of Kerper Industrial Park to the southwest corner of Lot 1 of Lot 2 of Lot 20 of Jaeger’s Subdivision, said point being on the southeasterly right of way line of Peosta Street; Thence northeasterly along said right of way line to a point of intersection with the southerly line of Lot 2 of Giese Subdivision; Thence southwesterly along said southerly line to the southeast corner of Lot 2 of 19 of Jaeger’s Subdivision; Thence north- easterly along the easterly line of said Lot 2 of 19 to the northeast corner of said Lot 2 of 19, said point also being on the westerly boundary of Block 19 of River Front Subdivision No. 3; Thence northeasterly along said westerly boundary to the northwest corner of Block 18, River Front Subdivision No. 3; Thence continuing northeasterly along the westerly boundary of Block 18 and Block 17 of River Front Subdivi- sion No. 3 to a point of intersection with the southwesterly corner of Lot 1 of part of Lot 8 in McCraney’s First Addi- tion; Thence continuing northeasterly along the westerly lines of Lot 1 of part of Lot 8, Lot 1 of part of Lot 7, Lot 1 of Lot 2 of part of Lot 6, Lot 1 of part of Lot 6, Lot 1 of part of Lot 5, Lot 1 of part of Lot 4, Lot 1 of part of Lot 3, Lot 1 of part of Lot 2, the East 25 feet of part of vacated Marshall St., and Lot 2 of Lot 2 of Lot 1 all in McCraney’s First Addition to the southwest corner of Lot 1 of Lot 2 of part of Lot 115 in Ham’s Addition; Thence northeasterly along the westerly lines of Lot 1 of Lot 2 of part of Lot 115 and Lot 1 of part of Lot 114 all in Ham’s Addition to the most westerly corner of Lot 1 of Bradley Place; Thence northeasterly along the westerly lines of Lot 1 and Lot 2 of Bradley Place to the most westerly cor- ner of Lot 1 Block 15 of River Front Subdivision No. 3; Thence northeaster- ly along the northwesterly line of said Lot 1 Block 15 and continuing along the northwesterly line of Lot 2 of said Block 15 to the most westerly corner of Lot 2 of In-Futuro Subdivision No. 1; Thence continuing northeasterly along the northwesterly line of In-Futuro Subdivi- sion No. 1 and continuing along the northwesterly line of Lots 1 and 2 of Reidl Place to the southwest corner of Lot 1 of Block 14 of River Front Subdi- vision No. 3; Thence northeasterly along the northwesterly line of said Block 14 to the most westerly corner of Block 13 of River Front Subdivision No. 3; Thence continuing northeasterly along the northwesterly line of Blocks 13, 12, 11, 10 and 9 to the northerly most corner of Lot 1 Block 9 River Front Subdivision No. 3; Thence con- tinuing northeasterly along the north- westerly line of Lot 2 and Lot 2A, Block 9 River Front Subdivision No. 3 to the northerly most corner of said Lot 2A; Thence southeasterly along the north- easterly line of said Lot 2A to the northeast corner of said lot; Thence southwesterly along the southeasterly line of said Lot 2A to the most westerly corner of Lot 178 of Ham’s Addition; Thence southeasterly along the south- westerly lines of Lots 178 and 59 of Ham‘s Addition to the southerly most corner of said Lot 59, said point also being the point of intersection of the northeasterly right of way line of Far- ragut Street with the northwesterly right of way line of Kerper Boulevard; Book 146 Regular Session, November 21, 2016 468 Thence northeasterly along said Kerper Boulevard right of way line and exten- sion thereof to a point of intersection with the northeasterly right of way line of Hawthorne Street; Thence south- easterly along the northeasterly and easterly right of way line of Hawthorne Street and Hawthorne Street Extension to a point of intersection with the southwesterly right of way line of Lake Street; Thence southwesterly and northwesterly along said right of way line of Lake Street to a point of inter- section with the southerly right of way line of Harbor Street; Thence south- westerly along said Harbor Street right of way line to the northeast corner of Lot 1 Block 4 River Front Subdivision No. 3; Thence southeasterly along the northeasterly line of said Lot 1 and con- tinuing along the northeasterly line of Lot 1 Block 3 of River Front Subdivision No. 3 to the most easterly corner thereof; Thence southwesterly along the southeasterly line of said Lot 1 Block 3 to the easterly most corner of Block 1 of River Front Subdivision No. 5; Thence southwesterly along the southeasterly line of said Block 1 River Front Subdivision No. 5 to the northerly right of way line of Hamilton Street Ex- tension; Thence southwesterly crossing Hamilton Street Extension right of way to the easterly most corner of Lot 2 of 3 of 1 Block 5 River Front Subdivision No. 3; Thence continuing southwesterly along the original easterly boundary line of Blocks 5, 6 and 7 of River Front Subdivision No. 3, to the southerly most corner of Lot 2 of said Block 7, said point being the northeast corner of Lake Peosta Subdivision; Thence southerly along the easterly line of Lake Peosta Subdivision to a point of intersection with the centerline of U.S. Highways 61 and 151; Thence south- westerly along said centerline to a point of intersection with the easterly right of way line of Kerper Boulevard, said point of being the point of beginning; Excepting therefrom the Quebecor Economic Development District de- scribed as Lot 1 of McGraw-Hill, Key City Plating Replat in the City of Dubu- que, Dubuque County, Iowa, and any adjoining public rights of way. t. Quebecor Subarea shall mean and include the following described properties: Lot 1 of McGraw-Hill, Key City Plating Replat in the City of Dubu- que, Dubuque County, Iowa, and any adjoining public rights of way. u. Harrison Street Subarea shall mean and include the following de- scribed properties: Lot 1 and Lot 2 of Harrison Street Place No. 2, Lot 1 and Lot 2 of Harrison Street Place No. 4, and Lot 1 of Harrison Street Place No. 5 all in the City of Dubuque, Dubuque County, Iowa and any adjoining public rights of way. v. Holy Ghost Subarea shall mean and include the following described properties: Lot 1 of 1 and 2 of 1 of Paragon Square in the City of Dubu- que, Dubuque County, Iowa; and also including the public right of way of Cen- tral Avenue abutting thereto; and Lot 1, Lot 2, Lot 1 of 3, Lot 2 of 3, and Lot 4 all of “Dunn’s Subdivi- sion”; and Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 18 of “John King’s Dubuque”; in the City of Dubuque, Iowa; and A part of Central Avenue right of way described as follows: Commencing at the southeast- erly corner of Lot 2-1 of Paragon Square; thence southeasterly along the westerly right of way line of Central Avenue a distance of ap- proximately 2,655 feet to the north- easterly corner of Lot 1 of Lot 1 of Lot 1 of the East Half of Lot 14 in John King's Dubuque; thence northeasterly crossing Central Ave- nue to a point of intersection with the easterly right of way line of Cen- tral Avenue and the northerly right of way line of East 25th Street; thence northwesterly along the easterly right of way line of Central Avenue approximately 2,673 feet to a point of intersection with said easterly right of way line and the easterly extension of the south line of Lot 2-1 of Paragon Square; thence southwesterly crossing Cen- tral Avenue to the Point of Begin- ning. w. Almond Street Subarea shall mean and include the following described proper- ties: Commencing at the intersection of the easterly right of way of Foye Street and the southerly right of way line of the public al- ley lying between Almond Street and West Locust Street; thence easterly along said southerly right of way line to a point of in- tersection with the westerly right of way line of Ellis Street; thence northwesterly along said westerly right of way line to the northeast corner of Lot 53 in Cox's Addi- tion; thence northerly along the east line of that part of the vacated alley adjacent to Lots 53 and 54 in Cox's Addition approxi- Book 146 Regular Session, November 21, 2016 469 mately 20 feet to the northeasterly corner thereof; thence westerly along the north line of said vacated alley adjacent to said Lots 53 and 54 approximately 78 feet to the northwest corner thereof; thence southerly along the west line of said vacat- ed alley adjacent to said Lots 53 and 54 approximately 20 feet to the southwest corner thereof and the northeasterly corner of Lot 55 in Cox's addition; thence easterly along the north line of Lots 55 thru 66 in Cox's addition to the northwest corner of Lot 66 in Cox's Addition; thence southerly along the west line of said Lot 66 to a point of intersection with the northerly line of Lot 11 in Buettel's Subdivision; thence west along the north line of Lot 11, Lot 2-10 and Lot 1-10 of Buettel's Subdivision to a point of intersection with the easterly right of way line of Foye Street; thence southerly along said easterly right of way line to the Point of Beginning. x. North End Subarea shall mean and include the following described properties: Beginning at the intersection of the easterly right of way line of Elm Street and the northerly right of way line of East 25th Street; thence northerly along the easterly right of way line of Elm Street to the southerly right of way line of East 26th Street; thence northerly across the East 26th Street right of way to the southwest corner of Lot 283 of Glendale Addition No. 3; thence north- westerly along the westerly lines of Lots 283 to 294, inclusive, of Glendale Addition No. 3 to the southerly right of way line of East 27th Street; thence nor- therly across the East 27th Street right of way to the southwest corner of Lot 210 of Glendale Addition; thence northwesterly along the westerly lines of Lots 210 to 221, inclusive, of Glen- dale Addition to the southerly right of way of East 28th Street; thence norther- ly across the East 28th Street right of way to the southwest corner of Lot 134 of Glendale Addition No. 2; thence northwesterly along the westerly lines of Lots 134 to 140, inclusive, of Glen- dale Addition No. 2, and Lots 1, 2, and 3 of Glendale Addition No. 4, and Lot 145 Glendale Addition No. 2 to the southerly right of way line of East 29th Street; thence northerly across the East 29th Street right of way to the southwest corner of Lot 61 of Glendale Addition; thence northwesterly along the westerly lines of Lots 61 to 72, inclusive, of Glendale Addition to the southerly right of way line of East 30th Street; thence northerly across the East 30th Street right of way to the to the southeast cor- ner of a Part of Lot 8 of Mineral Lot 322 as shown on the Final Plat of Liebe’s Subdivision No. 3, also being a point on the westerly line of Lot 1-2-1 of Becker Place, also being a point on the nor- therly right of way of East 30th Street; thence southwesterly along the norther- ly right of way of East 30th Street to a point on the easterly right of way of Central Avenue; thence southeasterly along the easterly right of way line of Central Avenue to the northerly line of East 25th Street; thence northeasterly along the northerly line of East 25th Street to the point of beginning; and Beginning at the intersection of the northerly right of way line of Diagonal Street and the westerly right of way line of Central Avenue; thence southerly along the westerly right of way line of Central Avenue to the northeast corner of Lot 1 of Lot 1 of Lot 1 of the East Half of Lot 14 in John King’s Dubuque; thence southwesterly along the norther- ly line of said Lot 1 of Lot 1 of Lot 1 of the East Half of Lot 14 of John King’s Dubuque to the northwest corner thereof, thence southeasterly along the west line of said Lot 1 of Lot 1 of Lot 1 of the East Half of Lot 14 of John King’s Dubuque to the southwest corner thereof; thence southwesterly along the southerly line of the East Half of John King’s Dubuque to the southwest cor- ner thereof; thence southeasterly along the east lines of the West Half of Lots 12, 10, and Northwest Quarter of 8 of John King’s Dubuque to the southeast corner of the Northwest Quarter of Lot 8 of John King’s Dubuque; thence northeasterly along the northerly line of Lot 2 of the East 329.98’ of the South- west Half of Lot 8 of John King’s Dubu- que to the northeast corner of said lot; thence southeasterly along the easterly line of said lot to the southeast corner of said lot; thence southwesterly along the southerly line of said lot to the northeast corner of Lot 2 of Lot 6 of John King’s Dubuque; thence south- easterly along the easterly lines of Lot 2 of Lot 6 and Lot 3 of Lot 6 of John King’s Dubuque to the southeast corner of said Lot 3 of Lot 6; thence north- easterly along the southerly line of the Lot 6 of John King’s Dubuque to the easterly right of way line of Division Street; thence southeasterly along the easterly line of Division Street and its southerly extension to the southerly Book 146 Regular Session, November 21, 2016 470 right of way line of West 24th Street; thence southwesterly along the south- erly right of way line of West 24th Street to the easterly right of way line of Carr Street; thence southeasterly along the easterly right of way line of Carr Street to the easterly extension of the north line of Lot 2 of Brewery Addition; thence southwesterly along the norther- ly line of Lot 2 of Brewery Addition to the southeast corner of Lot 6 of Gerald Scherrer Subdivision; thence north- westerly along the easterly line of Lot 6 of Gerald Scherrer Subdivision to the northeast corner of Lot 6 of Gerald Scherrer Subdivision and a point on the westerly right of way line of Broadway Street; thence northwesterly along the westerly right of way line of Broadway Street to the westerly extension of the northerly right of way line of Diagonal Street; thence southeasterly along said right of way and extension to the point of beginning; and Lot 1-239 of Davis Farm Addition and Lot 1-1-5 of Kiene & Altman's Sub- division; and Lots 1-4 & 2-1-5 of Kiene & Altmans Subdivision; and Lot 1-2 And 1-3 of Kiene & Altmans Subdivision; and Lot 1-1 of Kiene & Altman's Subdi- vision; and Lot 1-1-1-241 of Davis Farm Addi- tion; and Lot 2-1-1-241 & Lot 1-242 of Davis Farm Addition; and Lot 1-243 of Davis Farm Addition; and Lot 1-1-244 of Davis Farm Addition; and The South 26' of Lot 245 Davis Farm Addition; and The North 34' of Lot 245 Davis Farm Addition; and The East 1/2 of Lot 246 Davis Farm Addition; and The West 1/2 of Lot 246 Davis Farm Addition; and Lot 247 of Davis Farm Addition; and Lot 248 of Davis Farm Addition; and Lot 249 of Davis Farm Addition; and The East 1/2 of Lot 250 of Davis Farm Addition; and The West 1/2 of Lot 250 of Davis Farm Addition; and Lot 251 and the South 1/2 of Lot 252, of Davis Farm Addition; and Lot 253 and the North 1/2 of Lot 252, of Davis Farm Addition; and Lot 254 of Davis Farm Addition; and Lot 255 of Davis Farm Addition; and The South 1/2 of Lot 256 of Davis Farm Addition; and The South 31.3' of the North 1/2 of Lot 256 of Davis Farm Addition; and The North 28.7' of the North 1/2 of Lot 256 of Davis Farm Addition; and Lot 257 of Davis Farm Addition; and Lot 258 of Davis Farm Addition; and Lot 259 of Davis Farm Addition; and Lot 260 of Davis Farm Addition; and Lot 261 of Davis Farm Addition; and Lot 262 of Davis Farm Addition; and The South 23.5' of The East 112' of Lot 263 of Davis Farm Addition; and The East 114' of the North 36'6" of Lot 263 of Davis Farm Addition, and al- so including the Public Right of Way of West 28th Street abutting thereto; and The North 36.5' and South 23.5' of the West 114' of Lot 263 of Davis Farm Addition, and also including the Public Right of Way of West 28th Street abut- ting thereto; and Lot 2-265 of Davis Farm Addition, and also including the Public Right of Way of West 28th Street abutting there- to; and Lot 1-265 of Davis Farm Addition, and also including the Public Right of Way of West 28th Street abutting there- to; and Lot 2-1 of G R West's Addition and Lot 1-266 of Davis Farm Addition; and Lot 2-1-1 of G R West's Addition; and Lot 1-1-1 of G R Wests Addition and Lot 2-266 of Davis Farm Addition; and The South 39'6" of Lot 2 of G R West's Dubuque; and The North 20.5' of Lot 2 & and the South 3' of Lot 3 of G R West's Addi- tion; and Lot 2 of the North 57' of Lot 3 of G R Wests Addition; and Lot 1 of the North 57' of Lot 3 of G R West's Addition; and Lot 4 of G.R. West Addition; and Lot 2 of Paragon Square; and Lot 2-3 and 2-4 McDaniel’s Park Hill, and Lots 8 and 1-9 of G.R. West’s Addition; and Lot 2-9 of G R West's Addition; and Lots 10, the West 310' of the North 65' of Lot 2 -11, and the South 55' of Lot 2-11, all in G R West’s Addition; and Lot 1 of 11 and the East 20' of the North 65' of Lot 2 of G R West’s Addi- tion; and All that part of the Central Avenue right of way lying south of the northerly right of way line of West 30th Street and Book 146 Regular Session, November 21, 2016 471 north of the easterly extension of the northerly line of Lot 1 of 1 of Paragon Square; and All that part of the West 30th Street right of way lying west of the easterly right of way line of Central Avenue. All in the City of Dubuque, Dubuque County, Iowa. (y) University Avenue Corridor Subarea shall mean and include the following described properties: All that part of the Pennsylvania Avenue right of way lying north of the northerly right of way line of University Avenue and lying south of the northerly extension of the westerly line of Lot 2- 1-1-1-1-2-1 of Mineral Lot 256; and All that part of the University Ave- nue right of way lying east of the southerly extension of the west line of Lot 1-137 of Finley Waples and Burton Addition, and lying west of the souther- ly extension of the westerly line of Lot 2 of Lot 12 of Central Addition; and All that part of the 9th Street right of way lying south of the centerline of 9th Street, lying east of the southerly ex- tension of the westerly line of Lot 2 of Lot 12 of Central Addition, and lying west of the northerly extension of the westerly line of Lot 1 of the Subdivision of City Lot 688 and Part of City Lot 654; and All that part of the Finley Street right of way lying south of the southerly right of way line of University Avenue and ly- ing north of the westerly extension of the south line of the Northwest 95’ of Lot 19 of Finley Waples and Burton Addition; and; All that part of the Asbury Road right of way lying north of the northerly right of way line of University Avenue and lying south of the easterly exten- sion of the southerly line of the East 100’ feet of Lot 159 of Finley Addition; and All that part of the Irving Street right of way lying north of the northerly right of way line of University Avenue and ly- ing south of the easterly extension of the northerly line of Lot 2 of Lot 2 of Lot 1 of Lot 1 of lot 1 of Lot 14 of Mineral Lot 172; and All that part of the Loras Boulevard right of way lying east of the northerly right of way line of University Avenue and lying west of a line connecting the northeast corner of Lot 2-3-13 of Min- eral Lot 172 and the southeast corner of Lot 1-249 of Woodlawn Park Addi- tion; and All that part of the Delhi Street right of way lying south of the southerly right of way line of University Avenue and ly- ing north of the southerly extension of the easterly line of Lot 2-1 of Schwind’s Place; and All that part of the North Grandview Avenue right of way lying south of the easterly extension of the south line of Lot 7 of Tschirgi and Schwind’s Subdi- vision and lying north of the northerly right of way line of University Avenue; and All that part of the North Grandview Avenue right of way lying south of the southerly right of way line of University Avenue and lying north of a line parallel to and 150’ south of the southerly right of way line of University Avenue; and All that part of the McCormick Street right of way lying south of the southerly right of way line of University Avenue and lying north of the easterly extension of the south line of Lot 1 of Herbst’s Subdivision; and Lot 1-137 of Finley Waples & Bur- ton’s Addition; and Lot 1-136 and 2-137 of Finley Waples & Burton’s Addition; and Lot 1-232 of Finley Addition; and Lot 229 of Finley Addition; and Lot 130 of Finley Waples & Burton’s Addition; and Lot 131 of Finley Waples & Burton’s Addition; and Lot 132 of Finley Waples & Burton’s Addition; and Lot 133 of Finley Waples & Burton’s Addition; and The Northwest 95' of Lot 19 of Fin- ley Waples & Burton’s Addition; and The North 95' of Lot 18 of Finley Waples & Burton’s Addition; and Lot 17 of Finley Waples & Burton’s Addition; and The Northwest 25' of Lot 2 of Finley Addition, and all adjacent Alley right of way; and The Southeast 41' of Lot 2 in Finley Addition, and all adjacent Alley right of way; and Lot 1-1 and 2-1 in Finley Addition, and all adjacent Alley right of way; and Lot 1 of Mineral Lot 170, and all ad- jacent Alley right of way; and Lot 4, 1-3, 2-3, 2-2 and 1-2, all in Mineral Lot 170 and all adjacent Alley right of way; and Lot 5 and Lot 2-6 of Mineral Lot 170; and Book 146 Regular Session, November 21, 2016 472 Lot 1-6 and 2-7 of Mineral Lot 170 and Lot 2-2-1-1-1-14 of Mineral Lot 172; and The West 2' of Lot 1 of the Subdivi- sion of Lot 13 of Mineral Lot 172 and Lot 2-13 of Mineral Lot 172 and Lot 2 Mabel’s Subdivision; and The East 58' of Lot 1 of Lot 13 of Mineral Lot 172, and Lot 2 of Lot 3-13 of Mineral Lot 172, and Lot 2A of Lot 1- 4-13 of Mineral Lot 172; and Lot 2-8 of City Lot 703 and Lot 2-2- 9 of City Lot 703; and Lot 1 of Herbst’s Subdivision; and Lot 1-1 and Lot 2-1 of Schwind’s Place. All in the City of Dubuque, Dubuque County, Iowa. z. West Locust Corridor Subarea shall mean and include the following described properties: All that part of the West Locust Street right of way lying east of the southerly extension of the westerly line of Lot 2-1-1-1-1-2 of Clarke College Place and lying west of the northerly extension of the easterly right of way line of Pierce Street; and All that part of the Pierce Street right of way lying south of the southerly right of way line of West Locust Street and lying north of the easterly exten- sion of Lot 1 of Lot 1 of Connolly’s Subdivision; and All that part of the Kirkwood Street right of way lying south of the southerly right of way line of West Locust Street and lying north of the northerly exten- sion of the west line of Lot 5 of Union Avenue Subdivision; and All that part of the right of way of the alley lying adjacent to and east of Kingdom Hall Place and Lot 1 of the West 1074’ of Lot 64 in Littleton and Sawyer’s Addition, lying north of the northerly right of way of West Locust Street and lying south of the easterly extension of the northerly line of Lot 1 of the West 1074’ of Lot 64 in Littleton and Sawyer’s addition; and All that part of the Rosedale Ave- nue right of way lying south of the southerly line of West Locust Street and lying north of the easterly exten- sion of the southerly line of Lot 42 of Wm. Blake’s Addition; and All that part of the right of way of the alley lying adjacent to and east of Lot 2-12B of Wood’s Addition, lying south of the easterly right of way of Rosedale Avenue and lying north of the easterly extension of the southerly line of said Lot 2-12B; and All that part of the Alta Vista Street right of way lying south of Lot 24D of A. P. Wood’s Addition and lying north of the easterly extension of the southerly line of Lot 20 of A. P. Wood’s Addition; and All that part of the Williams Street right of way lying east of the easterly right of way line of Alta Vista Street and lying west of westerly right of way line of Blake Street; and All that part of the north half of the Bellevue Street right of way lying east of the easterly right of way line of Alta Vista Street and lying west of the west- erly right of way line of Blake Street; and All that part of the Blake Street right of way lying south of the southerly right of way line of West Locust Street and lying north of the westerly extension of the centerline of Vacated Bellevue Street adjacent to Lot 90 in A. P. Woods Addition; and Lot 5 and East 10' of Lot 4 Ellen Blake’s Subdivision; and The South 150' of the West 40' of Lot 4 Ellen Blake’s Subdivision; and The North 170' of the West 40' of Lot 4 Ellen Blake’s Subdivision; and Lot 3 of Ellen Blake’s Subdivision; and Lot 2 of Ellen Blake’s Subdivision; and Lot 1 of Ellen Blake’s Subdivision; and The East 235' of Lot 64 of Littleton & Sawyer’s and Lot 2 of Mineral Lot 93A and the Balance of Lot 2 of Mineral Lot 95; and All of Kingdom Hall Place; and Lot 1 of the West 1074' of Lot 64 of Littleton & Sawyer's Addition; and Lot 2-1-1-1 and Lot 1-2-1-1 of Wm. Blake’s Addition, and Lot 2 & Lot 2-1 of Part of Mineral Lot 184; and Lot 1-1-1-1 and Lot 2-2-1-1 of Wm. Blake’s Addition; and Lot 2 and Lot 2-1 of Wm. Blake’s Addition; and Lots 1-3 and Lot 2-4 of Wm. Blake's Addition; and Lot 2-3 and 1-4 of Wm. Blake’s Ad- dition; and Lots 5 to 19, inclusive, of Wm. Blake’s Addition; and Lots 2-11, 2-12, and the East 30' of Lot 2-10 in Southview Heights, also Lots 20, 21 and the East 30' of Lot 22 of Wm. Blake’s Addition; and The West 70' of Lot 22 of Wm. Blake’s Addition and Lot 2-9 and the Book 146 Regular Session, November 21, 2016 473 West 20' of Lot 2-10 of Southview Heights; and Lot 1-23 of Wm. Blake’s Addition and Lots 2-2-7 and 1-2-8 of Southview Heights; and Lots 2-23 and the East 50' of Lot 24 of Wm. Blake’s Addition and Lots 2-6, 1-2-7, and 2-2-8 of Southview Heights; and The West 50' of Lot 24 of Wm. Blake’s Addition and Lot 2-5 of South- view Heights; and Lot 25 of Wm. Blake’s Addition; and Lot 26 Wm. Blake's Addition; and Lot 27 of Wm. Blake’s Addition and Lot 2-1-1-1-1-2 of Clarke College Place; and Lots 29 to 42, inclusive, of Wm. Blake’s Addition; and Lot 2 of Lot 43 of Wm. Blake’s Addi- tion; and Lot 2 of Lot 44 of Wm. Blake’s Addi- tion; and Lot 2 of Lot 45 of Wm. Blake’s Addi- tion; and Lot 2 of Lot 46 of Wm. Blake’s Sub- division; and Lot 2 of Lot 12B of Wood’s Addition; and Lots 20, 21, and 22 of A. P. Wood’s Addition; and Lot 23 of A. P. Wood’s Addition; and Lot 2-24 and 2-24A of A. P. Wood’s Addition; and Lot 24D of A. P. Wood’s Addition; and Lot 24C of A. P. Wood’s Addition; and Lots 24B to 36B, inclusive, of A. P. Wood’s Addition; and Lots 25A to 36A, inclusive, of A. P. Wood’s Addition; and The North 40' of Vacated Williams Street in A. P. Wood’s Addition; and Lots 25 to 36, inclusive, of A. P. Wood’s Addition; and Lots 6 to 10, inclusive, and the North 1/2 and South 1/2 of Lot 5, all of Lot 98A of A. P. Wood’s Addition; and Lot 4-98A of Wood’s Addition; and Lot 3-98A of A. P. Wood’s Addition; and Lot 2-98A of A. P. Wood’s Addition; and Lot 1-98A of A. P. Wood’s Addition; and Lots 90 to 98, inclusive, in A. P. Wood’s Addition, and the northerly ½ of Vacated Bellevue Street abutting said lots 90 to 98, in A.P. Wood’s Addition; and Part of the North ½ of Vacated Bellevue Street Lying South of McGrath’s Subdivision Southeast ¼ Northeast ¼ Section 23, T89N, R2E in the City of Dubuque; and Part of Vacated Bellevue Street ly- ing between McGrath’s Subdivision and Kirkwood Place in the City of Dubuque; and Lot 1 and Lot 2-2 of McGrath’s Subdivision; and Lots 3 and 4 and Lot 1-2, all in McGrath's Subdivision; and Lot 5 of McGrath’s Subdivision; and Lot 6 of McGrath’s Subdivision; and Lot 1 of Mineral Lot 95; and Lot 9 of McGrath’s Subdivision; and Lots 7 and 8 of McGrath’s Subdivi- sion; and Lot 10 of McGrath’s Subdivision; and Lots 2 to 5, inclusive, of Union Ave- nue Subdivision #2; and Lot 1 of Union Avenue Subdivision #2 and Lot 2 of Mosher’s Subdivision; and Lot 1-3, 1-2, and 1-1 of Connolly's Subdivision, and Lot 1 of Part of City Lot 711. All in the City of Dubuque, Dubuque County, Iowa. aa. Dubuque Brewing and Malt- ing Subarea shall mean and include the following described properties: Beginning at the intersection of the northerly right of way line of East 30th Street and the westerly right of way line of Jackson Street; thence northeasterly along the nor- therly right of way line of East 30th Street to the southeast corner of a Part of Lot 8 of Mineral Lot 322 as shown on the Final Plat of Liebe’s Subdivision No. 3, also being a point on the westerly line of Lot 1-2- 1 of Becker Place, thence north- westerly along the easterly lines of Part of Lot 8 and Part of Lot 7 as shown on the Final Plat of Liebe’s Subdivision, Lot 1-6 of Mineral Lot 322, and Lot 4A of Mineral Lot 322 and its northerly extension to a point on the northerly right of way line of East 32nd Street; thence southwesterly along the northerly right of way line of East 32nd Street to the westerly right of way line of Jackson Street; thence southeast- erly along the westerly right of way line of Jackson Street to the wester- ly extension of the northerly line of Lot 2 of Liebe’s Subdivision No. 2; Book 146 Regular Session, November 21, 2016 474 thence northeasterly along said nor- therly line and westerly extension to the northeast corner of said Lot 2; thence southeasterly along the easterly line of Lots 1 and 2 of Liebe’s Subdivision No. 2 to the southeast corner of Lot 1 of Liebe’s Subdivision No. 2; thence south- easterly across Liebe Street right of way to the northeast corner of Lot 1 of Liebe’s Subdivision No. 1; thence southeasterly along the easterly lines of Lots 1 and 2 of Liebe’s Subdivision No. 1 to the southeast corner of Lot 2 of Liebe’s Subdivi- sion No. 1; thence southwesterly along the southerly line of said Lot 2 and its westerly extension to the westerly right of way of Jackson Street; thence southeasterly along the westerly right of way of Jackson Street to the point of beginning. bb. Amended Project Area shall mean the areas of the City of Dubuque, Iowa included within the Town Clock Subarea, the Old Main Subarea, the Town Clock Expan- sion Subarea, the Upper Main Sub- area, the Ice Harbor Subarea A, the Ice Harbor Subarea B, the Ice Har- bor Subarea C, the Warehouse Subarea, the South Main Subarea, the South Port Subarea, the Cable Car Subarea, the Bluff Street Sub- area, the South Bluff Street Subar- ea, the Kerper Boulevard Subarea, the Washington Neighborhood Subarea, the Industrial Harbor Subarea, the East 7th Street Subar- ea, the Chaplain Schmitt Subarea, the North Kerper Subarea, the Quebecor Subarea, the Harrison Street Subarea, the Holy Ghost Subarea, the Almond Street Subar- ea, the North End Subarea, the University Avenue Corridor Subar- ea, the West Locust Corridor Sub- area, and the Brewing and Malting Subarea, each as described in this Section. cc. Urban Renewal Plan shall mean the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, approved by Resolution No. 401-16 on November 21, 2016, as the same may be amended from time to time. Section 2: The taxes levied on the taxable property in the Amended Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordi- nance shall be divided as hereinafter in this Ordinance provided. Section 3: Taxes. a. As to the Town Clock Subarea, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Town Clock Subarea upon the total sum of the assessed value of the taxa- ble property in the Town Clock Subarea as shown on the assessment roll as of January 1, 1966, being the assessment roll last equalized prior to the date of the initial adoption of the Urban Re- newal Plan for the Downtown Dubuque Urban Renewal Project, Iowa R-15, shall be allocated to and when collect- ed be paid into the fund for the respec- tive taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Sub- area. b. As to the Old Main Subarea, base period taxes shall be computed in the same manner using the total as- sessed value shown on the assess- ment roll as of January 1, 1993, being the assessment roll as of January 1 of the calendar year preceding the effec- tive date of Ordinance No. 23-94. c. As to the Town Clock Expansion Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the assessment roll as of Janu- ary 1 of the calendar year preceding the effective date of Ordinance No. 67- 97. d. As to the Upper Main Subarea, base period taxes shall be computed in the same manner using the total as- sessed value shown on the assess- ment roll as of January 1, 2001, being the assessment roll as of January 1 of the calendar year preceding the effec- tive date of Ordinance No. 26-02. e. As to the Ice Harbor Subarea A, base period taxes shall be computed in the same manner using the total as- sessed value shown on the assess- ment roll as of January 1, 1988, being the assessment roll as of January 1 of the calendar year preceding the effec- tive date of Ordinance No. 66-89. f. As to the Ice Harbor Subarea B, base period taxes shall be computed in the same manner using the total as- Book 146 Regular Session, November 21, 2016 475 sessed value shown on the assess- ment roll as of January 1, 1999, being the assessment roll as of January 1 of the calendar year preceding the effec- tive date of Ordinance No. 97-00. g. As to the Ice Harbor Subarea C, base period taxes shall be computed in the same manner using the total as- sessed value shown on the assess- ment roll as of January 1, 2006, being the assessment roll as of January 1 of the calendar year preceding the effec- tive date of Ordinance No. 20-07. h. As to the Warehouse Subarea, base period taxes shall be computed in the same manner using the total as- sessed value shown on the assess- ment roll as of January 1, 2006, being the first day of the calendar year pre- ceding the effective date of Ordinance No. 63-07. i. As to the South Main Subarea, base period taxes shall be computed in the same manner using the total as- sessed value shown on the assess- ment roll as of January 1, 2006, being the first day of the calendar year pre- ceding the effective date of Ordinance No. 63-07. j. As to the South Port Subarea, base period taxes shall be computed in the same manner using the total as- sessed value shown on the assess- ment roll as of January 1, 2007, being the first day of the calendar year pre- ceding the effective date of Ordinance No. 60-08. k. As to the Cable Car Subarea, base period taxes shall be computed in the same manner using the total as- sessed value shown on the assess- ment roll as of January 1, 2008, being the first day of the calendar year pre- ceding the effective date of Ordinance 58-09. l. As to the Bluff Street Subarea, base period taxes shall be computed in the same manner using the total as- sessed value shown on the assess- ment roll as of January 1, 2009, being the first day of the calendar year pre- ceding the effective date of Ordinance 51-10. m. As to the South Bluff Street Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2010, being the first day of the calendar year preceding the effective date of Ordi- nance 33-11. n. As to the Kerper Boulevard Sub- area, base period taxes shall be com- puted in the same manner using the to- tal assessed value shown on the as- sessment roll as of January 1, 1993, being the first day of the calendar year preceding the effective date of Ordi- nance 43-94. o. As to the Washington Neighbor- hood Subarea, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2010, being the first day of the calendar year preceding the effective date of Ordi- nance 33-11. p. As to the Industrial Harbor Sub- area, base period taxes shall be com- puted in the same manner using the to- tal assessed value shown on the as- sessment roll as of January 1, 2010, being the first day of the calendar year preceding the effective date of Ordi- nance 33-11. q. As to the East 7th Street Subar- ea, base period taxes shall be comput- ed in the same manner using the total assessed value shown on the assess- ment roll as of January 1, 1996, being the first day of the calendar year pre- ceding the effective date of Ordinance 64-97. r. As to the Chaplain Schmitt Sub- area, base period taxes shall be com- puted in the same manner using the to- tal assessed value shown on the as- sessment roll as of January 1, 2010, being the first day of the calendar year preceding the effective date of Ordi- nance 33-11. s. As to the North Kerper Subarea, base period taxes shall be computed in the same manner using the total as- sessed value shown on the assess- ment roll as of January 1, 2011, being the first day of the calendar year pre- ceding the effective date of Ordinance 60-12. t. As to the Quebecor Subarea, base period taxes shall be computed in the same manner using the total as- sessed value shown on the assess- ment roll as of January 1, 2001, being the first day of the calendar year pre- ceding the effective date of Ordinance 88-02. u. As to the Harrison Street Subar- ea, base period taxes shall be comput- ed in the same manner, using the total assessed value shown on the assess- ment roll as of January 1, 2011, being the first day of the calendar year pre- Book 146 Regular Session, November 21, 2016 476 ceding the effective date of Ordinance 60-12. v. As to the Holy Ghost Subarea, base period taxes shall be computed in the same manner, using the total as- sessed value shown on the assess- ment roll as of January 1, 2013, being the first day of the calendar year pre- ceding the effective date of Ordinance 45-14. w. As to the Almond Street Subar- ea, base period taxes shall be comput- ed in the same manner, using the total assessed value shown on the assess- ment roll as of January 1, 2013, being the first day of the calendar year pre- ceding the effective date of Ordinance 45-14. x. As to the North End Subarea, base period taxes shall be computed in the same manner, using the total as- sessed value shown on the assess- ment roll as of January 1, 2015, being the first day of the calendar year pre- ceding the effective date of this Ordi- nance. y. As to the University Avenue Cor- ridor Subarea, base period taxes shall be computed in the same manner, us- ing the total assessed value shown on the assessment roll as of January 1, 2015, being the first day of the calendar year preceding the effective date of this Ordinance. z. As to the West Locust Corridor Subarea, base period taxes shall be computed in the same manner, using the total assessed value shown on the assessment roll as of January 1, 2015, being the first day of the calendar year preceding the effective date of this Or- dinance. aa. As to the Brewing and Malt- ing Subarea, base period taxes shall be computed in the same manner, using the total assessed value shown on the assessment roll as of January 1, 2007, being the first day of the calendar year pre- ceding the effective date of Ordi- nance 61-08. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each Subarea thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or other- wise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter-approved physical plant and equip- ment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Sec- tion 346.27(22) related to joint county-city buildings shall be collected against all taxable property within the Amended Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total as- sessed valuation of the taxable property in the Subareas of the Amended Project Area ex- ceeds the total assessed value of the taxable property in said Subareas shown by the as- sessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, mon- ies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all mon- ies thereafter received from taxes upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordi- nances in conflict with the provisions of this Ordinance are hereby repealed. The provi- sions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Amended Pro- ject Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance Nos. 45-14, as previously amend- ed, and Ordinance No. 61-08 (with respect to the area described herein as the Dubuque Brewing & Malting Subarea), and to fully im- plement the division of taxes in the North End, University Avenue Corridor, and West Locust Corridor Subareas. In the event that any provi- sion of this Ordinance shall be determined to be contrary to law it shall not affect other pro- visions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the territory contained therein. Book 146 Special Session, November 28, 2016 477 Section 8: This Ordinance shall be in effect after its final passage, approval and publica- tion as provided by law. Passed and approved this 21st day of No- vember, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published: November 25, 2016 6. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour: City Manager requesting that the City Council schedule work session walking tours of the Bee Branch Creek Restoration Project on Monday, April 10, 2017 at 5:30 p.m.; and Monday, May 22, 2017 at 5:30 p.m. Motion by Connors to receive and file the documents and set the work sessions as recommended. Se- conded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol reported on his attendance and presentation at the recent National League of Cities Conference in Pittsburg, PA, regarding engaging small- and medium-sized cities in sustainability. Council Member Connors reported on her presentation to a Cub Scout group about elected officials noting the great level of knowledge about government with the scouts and leaders. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:10 p.m. to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Se- conded by Resnick. Motion carried 7-0. For the record, the attorney who consulted with City Council on the issues discussed in the closed session was City Attorney Crenna Brumwell. Upon motion, the City Council reconvened in open session at 8:49 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 8:50 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on November 28, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick; City Manager Van Milligen, City Attorney Brumwell Absent: Council Member Rios Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Source of Income Report. WORK SESSION Source of Income Preliminary Report and Options City Manager Van Milligen introduced the work session with an overview of the history and activities of the Source of Income (SOI) Committee. Housing and Community Devel- opment Department Director Alvin Nash, Hu- man Rights Director Kelly Larson, City Attor- ney Crenna Brumwell and Planning Services Manager Laura Carstens, Assisted Housing Supervisor Janet Walker, and SOI Committee Members Patrick Norton, Tom LoGuidice, and John Pregler then conducted the work session. Topics included: • Issues identified by housing providers, renters, Affirmatively Furthering Fair Housing, red tape • Identifying the goals: collect data; de- velop compromise; and examine the impact of an ordinance, ways to ad- dress concerns, range of fair housing choices • Description of the Housing Choice Voucher Program (Section 8), eligibility, common problems; and quality, availa- bility, and affordability of housing • SOI legal research: sources of income, federal/state/local laws, proposed legis- lation • Summary of rental survey results: number of respondents, perspectives on responsibility, SOI ordinance & dis- crimination, risk & incentives • Review and summary of community di- alogues Book 146 Regular Session, December 5, 2016 478 • Reasons, aspects and potential risks of scenarios: #1 Adopt Ordinance; #2 In- centives/Adjustments; #3 Leave as is • Preliminary Options Overview o #1 Maintain the status quo o #2 Add SOI definition to cur- rent discrimination ordinance o #3 Create a SOI Housing Or- dinance separate from dis- crimination ordinance o #4 Adopt and implement a mix of education/outreach pro- grams to increase participa- tion in Housing Choice Voucher program o #5 Adopt and implement a mix of financial incentives to in- crease participation in the Housing Choice Voucher pro- gram o #6 Adopt and implement a mix of financial incentives/policies for creation of Housing Choice Voucher (HCV) unit through- out the community A question/answer period followed with the City Council discussing landlord/tenant rights to choose, concerns over mandating participa- tion in government programs; landlord/tenant contracts/leases; perceived errors in data and process expressed by survey participants; the feasibility/legality of a establishing a damage recovery fund using TIF funding; and the need to grow the percentage of participation in the HCV program. Mr. Nash will facilitate addition- al input from participants that took exception with the input process. Ms. Brumwell will ex- plore the concept of using TIF for the damage recovery fund concept. Mr. Van Milligen in- formed the Council that the City is already doing most of Preliminary Option #6. The City Council concurred on Preliminary Option #4 as a baseline and directed staff to continue work on expanding upon that option. There being no further business, upon mo- tion the City Council adjourned at 7:39 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on December 5, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Brumwell Absent: Council Member Del Toro 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 AMENDMENT TO AGENDA Upon receipt of correspondence and a re- quest from staff, Council Member Connors motioned to remove Public Hearing #1 South Pointe Urban Renewal Area (Plan) and Action Item #5 South Pointe Urban Renewal Area (Ordinance) from the agenda. Seconded by Jones. Motion carried 6-0. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 6-0. 1. Minutes and Reports Submitted: City Council Proceedings of 11/21, 11/28; Human Rights Commission of 10/10; Library Board of Trustees Council Update #155 of 11/17; Sister City Relationships Advisory Commission of 11/16; Transit Advisory Board of 10/6; Proof of Publication for City Council Proceedings of 11/7, 11/14; Proof of Publication of List of Claims and Summary of Revenues for Month Ending 10/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Michael Jelinske for vehicle damage; Allison Schmitt for vehicle damage; and Suzan Taliaferro for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Book 146 Regular Session, December 5, 2016 479 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Susan Taliaferro for vehicle damage. 4. Government Finance Officers Associa- tion Distinguished Budget Presentation Award: Correspondence from the Government Fi- nance Officers Association (GFOA) presenting the City with the Distinguished Budget Presen- tation Award for Fiscal Year 2015-2016 and recognizing Budget Director Jennifer Larson and Senior Budget Analyst Alexis Steger. Up- on motion the documents were received and filed. 5. Dubuque Dream Center Letters of Sup- port: City Manager recommending approval of letters of support for the Dubuque Dream Cen- ter's application for a 21st Century Community Learning Center Grant. Upon motion the doc- uments were received, filed and approved. 6. Heritage Trail Letter of Support: City Manager recommending approval of a Letter of Support to the Dubuque County Conserva- tion Board in support of the Board's Federal Recreation Trail Grant for replacement of three deteriorating bridges on the Heritage Trail. Upon motion the documents were received, filed and approved. 7. Dubuque Marshall Islands Health Pro- ject Grant Application: City Manager recom- mending approval to submit a grant application through the State Transit Assistance program to provide transportation for Marshallese to medical care through the Dubuque Marshall Islands Health Project. Upon motion the doc- uments were received, filed and approved. 8. Jule Operations and Training Center - DMATS STP Funding Grant Application: City Manager recommending approval of a grant application to the DMATS STP Funding pro- gram to provide final funding for the Jule Op- erations and Training Center to be located at 925 Kerper Boulevard. Upon motion the doc- uments were received and filed and Resolution No. 406-16 Authorizing the filing of a grant application with Dubuque Metropolitan Area Transportation Study for Surface Transporta- tion Program Funding for the City of Dubuque (Bus Storage and Maintenance Facility) was adopted. RESOLUTION NO. 406-16 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH DUBUQUE METRO- POLITAN AREA TRANSPORTATION STUDY FOR SURFACE TRANSPORTATION PRO- GRAM FUNDING FOR THE CITY OF DUBU- QUE (BUS STORAGE AND MAINTENANCE FACILITY) Whereas, the current facility is over 100 years old and has a leaking roof system caus- ing other structural deficiencies; inadequate space for the fleet; and a sprinkler system not meeting fire code; and Whereas, the BSMF will provide housing for The Jule’s brand-new fleet of clean diesel buses that were purchased with federal and state grant funds during 2011-2012, as well as reduce long term maintenance costs by replac- ing the existing 100-year-old facility. The BSMF will also provide options for future ex- pansion; reduce deadhead travel and potential delays of the service. The BSMF will be locat- ed on the Intermodal Campus at the site of the old City garage and will complement the ser- vices provided at the Intermodal Center; and Whereas, the City of Dubuque is seeking the necessary funding for project implementa- tion, and upon completion, in cooperation with the FEDERAL TRANSIT ADMINISTRATION, be responsible for adequately maintaining and operating the project for public use during the project’s useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City makes grant applica- tion with the Dubuque Metropolitan Area Transportation Study for funds through the Surface Transportation Program to fund (Bus Storage and Maintenance Facility). Passed, approved and adopted this 5th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Assistance to Firefighter Grant: City Manager recommending approval to submit an application to the Assistance to Firefighters Grant program to purchase replacement fire- fighting gloves and protective hoods, and to fund the purchase of a testing device to insure proper fit testing of respiratory masks. Upon motion the documents were received, filed and approved. 10. Employer Mandate Reporting Services Agreement: City Manager recommending ap- proval of an agreement with Cottingham & Butler Insurance Services to prepare and file the required Internal Revenue Service forms 1094-C and 1095-C on behalf of the City. Up- on motion the documents were received, filed and approved. 11. Design Mill - IEDA Contract Amend- ment: City Manager recommending approval of a resolution authorizing an amendment to a Book 146 Regular Session, December 5, 2016 480 contract with the Iowa Economic Development Authority (IEDA) for Iowa Values Fund Finan- cial Assistance benefits on behalf of Design Mill, Inc. Upon motion the documents were received and filed and Resolution No. 407-16 Approving an Amendment to the Economic Development Financial Assistant Contract by and among Design Mill, Inc., the City of Dubu- que, and the Iowa Department of Economic Development was adopted. RESOLUTION NO. 407-16 APPROVING AN AMENDMENT TO THE ECONOMIC DEVELOPMENT FINANCIAL ASSISTANCE CONTRACT BY AND AMONG DESIGN MILL, INC., THE CITY OF DUBU- QUE, AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT Whereas, Design Mill, Inc. (Design Mill) and the City of Dubuque (City) entered into an Economic Development Financial Assistance Contract (the Contract) with the Iowa Econom- ic Development Authority (IEDA) for the ex- pansion of Design Mill, Inc.’s (DMI) operations in Dubuque, Iowa; and Whereas, DMI has requested an extension of the Project Completion Date in the Contract from June 30, 2016 to June 30, 2017; and Whereas, the IEDA Board approved an ex- tension of the Project Completion Date to June 30, 2017; and Whereas, the parties now desire to amend the Contract as set forth in the attached Con- tract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Contract Amendment is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute and the City Manager is hereby directed to submit the Contract Amendment to the Iowa Economic Develop- ment Authority together with such other docu- ments as may be required. Passed, approved, and adopted this 5th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Catfish Creek Watershed Management Authority Member Appointment: City Manager recommending approval to appoint Water and Resource Recovery Center Lab Technician II Brian Noonan as the City staff representative on the Catfish Creek Watershed Management Authority’s Board of Directors. Upon motion the documents were received, filed and ap- proved. 13. Delinquent Garbage, Junk and Weed Removal Collection Accounts: City Manager recommending the levy of special assess- ments for the Weed/Junk/Garbage Enforce- ment Programs being levied against 27 sepa- rate parcels of property inspected from June 22, 2016 to November 18, 2016. Upon motion the documents were received and filed and Resolution No. 408-16 Adopting the Schedule of Assessments for 2016 and Directing the City Clerk to certify the Schedule of Assess- ments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 408-16 ADOPTING THE SCHEDULE OF ASSESS- MENTS FOR 2016 AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Sched- ule of Assessments attached hereto for weed/grass cutting and junk/garbage removal tax assessments which Schedule of Assess- ments was filed in the office of the City Clerk on the 1st day of December, 2016, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby di- rected to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code §362.3, the first publi- cation of which shall be not more than fifteen days from the date of filing of the final sched- ule. On or before the date of the second publi- cation of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code §384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 5th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, December 5, 2016 481 SCHEDULE OF ASSESSMENTS FOR W EED/JUNK/GARBAGE ENFORCEMENT PROGRAMS Owner; Property Address; Parcel; Legal Description; Total Thomas A Fries, 1225 N Booth St, Dubu- que, IA 52001; N Booth St, 1225; 1023483017; Lot 2-1 Trenks Booth St Pl; $92.50 Todd Fishnick, 2464 White St, Dubuque, IA 52001; White St, 2464; 1013379004; W 86' 9" Lot 182 & N 16' of N 20' Of W 86' 9" Lot 183 L H Langworthy’s Add; $158.00 Gary & Rose Swank, PO Box 1173, Dubu- que, IA 52004; High Bluff St, 981; 1013437013; NE 48.8'-E 1/2-Lot 37 Hooper's Add; $160.00 Patrick & Sean Coleman, 4101 Vincent Ave S, Minneapolis, MN 55410; Southern Ave, Lot Next to 420; 1036253003; Lot 3 Rowan's Add; $92.50 Timothy Schulte, 2240 Hoyt St, Dubuque, IA 52001; Hoyt St, 2240; 1023327001; Lot 1-3 Pfohl’s Sub; $81.25 Deane & Manolita Dement, PO Box 836, Dubuque, IA 52004; University Ave, 686; 1025129017; Lot 2-1-1-10 Kelly’s Sub & Lot 2- 1-11 Kelly’s Sub; $92.50 John T. Brown, 1695 Garfield Ave, Dubu- que, IA 52001; Garfield Ave, 1695; 1118180013; NE 1/2 of Lot 242 Hams Add; $115.00 Louis G. Mihalakis, 1212 Miller Rd, Dubu- que, IA 52003; Air Hill St, 850; 102513011; N 40'-S 1/2-Lot 12, S 35'-S 1/2-Lot 12, & S 60'- Lot 13 all in Kelly's Sub; $115.00 Fredrick J Kammiller III AKA Fredrick Jo- seph Kammiller Living Revocable Trust, 17470 Kammiller Ln, Durango, IA 52039; Hill St, 500; 1025178001; Lot 1 in George Martins Sub; $47.50 Barbara Keehner, 12 Collins St, Dubuque, IA 52001; Collins St, 12; 1026326001; N 29' Lot 48 & S 24' Lot 47 O'Neills Sub No 3; $92.50 Fredrick J Kammiller III AKA Fredrick Jo- seph Kammiller Living Revocable Trust, 17470 Kammiller Ln, Durango, IA 52039; Hill St, 500; 1025178001; Lot 1 In George Martins Sub; $67.50 Raymond & Patricia Anger, PO Box 242, Hanover, Il 61041; Dillon St, 248; 1025355006; Lot 45 Grandview Ave Add; $92.50 Renee Martin, 3950 Creston St & 3020 Brunswick, Dubuque, IA 52001; Creston St, 3950; 1021351004; Lot 14 Blk 17 Mettel- Byrne; $92.50 Louis G. Mihalakis, 1212 Miller Rd, Dubu- que, IA 52003; Air Hill St, 850; 102513011; N 40'-S 1/2-Lot 12, S 35'-S 1/2-Lot 12, & S 60'- Lot 13 all in Kelly's Sub; $115.00 HBH Holding Partnership, 13750 Surrey Ln, Dubuque, IA 52001; Lot Next to 2720 Broadway St; 1013305010; Lot 3 Blk 1 Broad- way Heights; $145.00 Gary & Annette Haas, 520 Stafford St, Dubuque, IA 52001; Stafford St, 2520; 1013411005; Lot 2 A Stine's Sub; $85.00 Holly Lynch, 2708 Andrew Ct, Dubuque, IA 52001; Andrew Ct, 2708; 1014331001; Lot 7 Richards Sub; $85.00 Patrick & Sean Coleman, 4101 Vincent Ave S, Minneapolis, MN 55410; Southern Ave, Lot Next to 420; 1036253003; Lot 3 Rowan's Add; $70.00 Elizabeth Soule or Current Occupant, 1576 Washington St, Dubuque, IA 52001; Washing- ton St, 1576; 1024282005; Lot 1-1-113 E Dubuque Add; $340.70 Aaron & Brianna Locke, 321 Monroe St, Dubuque, IA 52001; Monroe St, 321; 1013310005; Lot 22 Rebmans Sub; $115.00 Anthony Petty, 2815 Davenport St, Dubu- que, IA 52001; Davenport St, 2815; 1014430002; Lot 16 McDaniel's Park Hill; $145.00 Megan Otruba, 730 Edith St, Dubuque, IA 52001; Edith St, 730; 1013130005; Lot 55 O'Neills River View; $70.00 Stacy Tuegel, 2425 Windsor Ave, Dubu- que, IA 52001; Windsor Ave, 2425; 1013453021; Lot 34 & Lot 34a Staffords Add; $92.50 Lynn Hingtgen Construction, 27894 Belle- vue Cascade Rd, Bellevue, IA 52031; Cedar Cross Rd, 406; 1034105009; Lot 2-1 Mineral, Lot 219 & Lot 2-1 Mineral, Lot 222; $85.00 Holly Lynch, 2708 Andrew Ct, Dubuque, IA 52001; Andrew Ct, 2708; 1014331001; Lot 7 Richards Sub; $115.00 John Ley, 799 Rush St, Dubuque, IA 52003; Rush St, 799; 1025455011; Lot 1-2-S 165'-190 Union Add; $245.00 Virginia Macker, 1617 Lincoln Ave, Dubu- que, IA 52001; Lincoln Ave, 1617; 1118152003; NE 1/2 of Lot 564 Hams Add; $282.90 Travis & Kendra Kaiser, 2721 Elm St Dubuque, IA 52001; Elm St, 2721; 1013182023; S 1/2 of Lot 191 Glendale Add; $170.00 Joseph & Corrine McQuillen, 19625 Old Highway Rd, Peosta, IA 52068; Balke St, 2826; 1013138004; Lot 19 Belmont Add; $185.00 Adrian Hartung, 2129 Graham Cir, Dubu- que, IA 52002; Graham Cir, 2129; 1021252056; Lot 20 Blk 4 Sunset Park #2; $115.00 14. Timber-Hyrst Estates #4 North and South Line Creek Crossing Project Ac- ceptance: City Manager recommending ac- ceptance of the construction contract for the Timber-Hyrst Estates #4 Sanitary Sewer North Book 146 Regular Session, December 5, 2016 482 and South Line Creek Crossings Project, as completed by Gansen Excavating, Inc. Upon motion the documents were received and filed and Resolution No. 409-16 Accepting the Tim- ber-Hyrst Estates #4 North and South Line Creek Crossings Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 409-16 ACCEPTING THE TIMBER-HYRST ES- TATES #4 NORTH AND SOUTH LINE CREEK CROSSINGS PROJECT AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Timber-Hyrst Estates #4 North and South Line Creek Crossings Project (the Pro- ject) has been completed by the Contractor, Connolly Construction, Inc. (Contractor), the City Engineer has examined the work and rec- ommends that the Project be accepted; and Whereas, the final contract amount for the Project is $143,383.39; and Whereas, the Contractor has previously been paid $136,214.22, leaving a balance of $7,169.17; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $7,169.17 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 5th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE TIMBER-HYRST ES- TATES #4 NORTH AND SOUTH LINE CREEK CROSSINGS PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Timber Hyrst Estates #4 Sani- tary Sewer South Line Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $180,058.54. Dated this 28th day of November, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 28th day of November, 2016. /s/Kevin S. Firnstahl, City Clerk 15. Code of Ordinances - Adoption of Sup- plement No. 23: City Clerk recommending adoption of Supplement No. 23 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 410-16 Adopting Supplement No. 23 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 410-16 ADOPTING SUPPLEMENT NO. 23 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Io- wa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 23 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 20-16 through 33-16, 37-16, 38-16, 39-16, 41-16 through 48-16 and 52-16 through 56-16 as adopted by City Coun- cil through October 2016, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. USDA - Rural Utilities Service: Corre- spondence from the U.S. Department of Agri- culture Rural Utilities Service informing the City of public scoping meetings on December 6 & 7, 2016 to solicit comments for the pro- posed Cardinal-Hickory Creek 345-kV electric transmission line connecting Dane County, Wisconsin, and Dubuque County, Iowa. Upon motion the documents were received and filed. 17. Citizen Petition - Housing Choice Voucher Program: John Herrig submitting a citizen petition opposing a Housing Choice Voucher ordinance. Upon motion the docu- ments were received and filed. Book 146 Regular Session, December 5, 2016 483 18. Signed Contracts: Dubuque Cellular Telephone, L.P. First Amendment to Water Tank & Ground Space Lease; Strand Associ- ates Engineering Technical Services Contract Task Order No. 16-02 for Upper Bee Branch Creek Restoration Project Mississippi River Trail and Basin Overlook/22nd St. Parking Lot. Upon motion the documents were received and filed. 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. 411-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 411-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Holiday Inn Dubuque Five Flags, 450 Main St., Class B Liquor (Sunday) Instant Replay, 1602 Central Ave., Class C Liquor (Living Qtrs.) (Sunday) Iowa Street Market, 1256 Iowa St., Class E Liquor, Class B Wine, Class C Beer (Sun- day) Kwik Stop Food Mart, 4039 Pennsylvania Ave., Class C Beer, Class B Native Wine (Sunday) Kwik Stop Food Mart, 2320 Gateway Dr., Class C Beer, Class B Native Wine (Sun- day) Plaza 20 BP/Amoco, 2600 Dodge St., Class C Beer, Class B Native Wine (Sunday) Passed, approved and adopted this 5th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Review of Applications: Applicants were invited to address the City Council regarding their desire to serve on the following Boards / Commissions. 1. Catfish Creek Watershed Management Authority: Two, 4-year terms through July 16, 2020 (Expired terms of Giannakouros and Hoyer). Applicants: Steve Drahozal, 683 W. 11th St.; Neal Patten, 768 Nevada St.; Craig Reber, 760 Fremont Ave. Mr. Drahozal and Mr. Reber spoke in support of their respective appointments and provided brief biographies. 2. Human Rights Commission: Two, 3-year terms through June 29, 2020 (Expired term of Jackson and Schiesl). Applicants: Miquel Jackson, 2130 Woodland Dr.; and Jay Schiesl, 195 W. 17th St. 3. Mediacom Charitable Foundation: One, 1-year term through December 31, 2017 (Ex- piring term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Ln. Appointments were made the following Board / Commissions 4. Airport Commission: One, 4-year term through September 14, 2020 (Vacant term of Wagner). Applicants: Sue Clemenson, 2469 Hacienda Rd.; Scott Leibfried, 3211 Honey- suckle Ln. Upon roll call vote, (Sue Clem- enson=5 / Scott Leibfried=1-Lynch), Ms. Clemenson was appointed to a 4-year term through September 14, 2020. 5. Building Code and Advisory Appeals Board: One, 3-year term through August 1, 2017 (Vacant term of Anglese – Commercial Contractor Representative); and one, 3-year term through August 1, 2018 (Vacant term of Cruise–ADA Representative). Applicants: Thomas Swift, 1875 Admiral St.; and Katrina Wilberding, 3715 Asbury Rd. Motion by Jones to appoint Mr. Swift to the contractor term and Ms. Wilberding to the ADA representative term. Seconded by Connors. Motion carried 6-0. 6. Civic Center Commission: One, 3-year term through June 29, 2019 (Vacant term of Gregory). Applicant: Nicholas Huff, 3075 Olde Country Ct. Motion by Connors to appoint Mr. Book 146 Regular Session, December 5, 2016 484 Huff to a 3-year term through June 29, 2019. Seconded by Jones. Motion carried 6-0. 7. Zoning Advisory Commission: One, 3- year term through July 1, 2019 (Expired term of Belmont). Applicant: Michael Belmont, 222 Dillion St. Motion by Resnick to appoint Mr. Belmont to a 3-year term through July 1, 2019. Seconded by Jones. Motion carried 6-0. PUBLIC HEARINGS 1. South Pointe Housing Urban Renewal Area: This item was removed from the agenda. 2. Reallocation of Bond Proceeds – Gen- eral Obligation Bond Series 2012H: Proof of publication on notice of public hearing to take additional action and approving the realloca- tion of certain unspent proceeds of the Gen- eral Obligation Bond Series 2012H from the renovation of the second floor of the Multicul- tural Family Center to fund the construction of the Jule Operations and Training Center and the City Manager recommending approval. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 412-16 Insti- tuting proceedings to take additional action and approving the reallocation of certain un- spent proceeds of the General Obligation Bonds, Series 2012H, of the City of Dubuque, Iowa. Seconded by Connors. Responding to questions from the City Council, City Manager Van Milligen explained that reallocating funds to the Jule project would reduce borrowing obligations as preferred by the City Council and that the Multicultural Family Center project would be funded on a pay-as-you-go basis. Motion carried 6-0. RESOLUTION NO. 412-16 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UN- SPENT PROCEEDS OF THE GENERAL OB- LIGATION BONDS, SERIES 2012H, OF THE CITY OF DUBUQUE, IOWA Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to in- stitute proceedings for the reallocation of cer- tain unspent proceeds, in the amount of not to exceed $820,500 (the "Unspent Proceeds") of the General Obligation Bonds, Series 2012H, of the City of Dubuque, Iowa, in order to pro- vide funds to pay costs of funding the con- struction of the Jule Operations and Training Center (from the Series 2012 Bonds), and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional ac- tion for the reallocation of the Unspent Pro- ceeds of the General Obligation Bonds, Series 2012H, for the foregoing purpose, and the reallocation of the Unspent Proceeds to pay costs of funding the construction of the Jule Operations and Training Center (from the Se- ries 2012 Bonds), is in all respects authorized and approved. Section 2. The Finance Director is author- ized and directed to take such action as may be necessary to effect and implement the foregoing reallocation of the Unspent Pro- ceeds to pay costs of funding the construction of the Jule Operations and Training Center (from the Series 2012 Bonds), and to cause the records and accounts of the City to reflect the same. Passed and approved this 5th day of De- cember, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Steve Drahozal, 683 W. 11th St., expressed his opinion about current code requirements that he believes allows housing providers to discriminate against renting to persons who participate in the Housing Choice Voucher program and further requested that the City Council add a source of income definition to the current discrimination ordinance. Matt Zanger, 261 Southgate Dr., ex- pressed his opinion about what he believes is discrimination taking place when landlords dismiss people who participate in the Housing Choice Voucher program stating the reasons why he thinks landlords do/don’t participate in federal programs. Mr. Zanger urged the City Council to pass the source of income ban. Carolyn Sherf, 1723 Lawndale; and Michaela Freiburger, 1718 Diane Ct.; on behalf of Representative Charles Isenhart addressed the City Council about the need for the Food Insecurity Nutrition Incentive Grant / Double Up Food Bucks Program (Action Item #1) and how the pilot program worked through the Dubuque Farmer’s Market. Ms. Sherf and Ms. Freiburger ask that the City Council support the local match of funds requested. Antonin [Erba], 672½ Central Ave., ex- pressed his belief that LGBT rights could be threatened if religious freedom laws are enact- ed at the federal level as a result of the recent presidential election and requested the City Council consider an ordinance banning gay conversion therapy. Book 146 Regular Session, December 5, 2016 485 Jerry Maro, 10366 Timothy St., and Presi- dent of the Dubuque Landlord’s Association, expressed his opinion that the number of land- lords participating in the Housing Choice Voucher program may be skewed and appear lower when expressed as a percentage rather than in the actual number of units available. Mr. Maro also stated that the Association is working on providing those numbers to the City Council and believes agreement can be achieved without enacting an ordinance. Kate Larson, 2523 Trout Terrace, ex- pressed her belief that affordable, quality housing units are difficult to find in Dubuque. Ms. Larson provided a few examples of word- ing used on social media to describe housing units that she believes doesn’t look good to the poor and disenfranchised who may not be as organized as opponents to the source of in- come issue. ACTION ITEMS 1. Representative Chuck Isenhart - Food Insecurity Nutrition Incentive Grant: Corre- spondence from Representative Chuck Isen- hart requesting a letter of support and match- ing funds from the City Council related to a grant application submitted by the Iowa Healthiest State Initiative for a Food Insecurity Nutrition Incentive grant that will support a Double Up Food Bucks program through the Dubuque Farmer's Market. Motion by Connors to receive and file the documents and submit a letter of support for the requested dollar match. Seconded by Jones. Carolyn Sherf and Michaela Freiburger responded to questions from the City Council clarifying the matter of matching funds. City Manager Van Milligen responded that the City’s match will possibly come from the Fiscal Year 2018 general fund as an improvement package under Health Services or Sustainable Dubuque. Motion car- ried 6-0. 2. Jule Operations and Training Center Project Contract Award: City Manager recom- mending award of the construction contract for the Jule Operations and Training Center Pro- ject to the low bidder Tricon General Construc- tion. Motion by Jones to receive and file the documents and adopt Resolution No. 413-16 Awarding public improvement contract for the Jule Operations and Training Center Project. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 413-16 AWARDING PUBLIC IMPROVEMENT CON- TRACT FOR THE JULE OPERATIONS AND TRAINING CENTER PROJECT Whereas, sealed proposals have been submitted by contractors for the Jule Opera- tions and Training Center Project, (the Project) pursuant to Resolution No. 380-16 and Notice to Bidders was posted on the Master of Build- ers of Iowa plan room and the City of Dubu- que, Iowa website on the 9th day of November, 2016. Whereas, said sealed proposals were opened and read on the 30th day of November, 2016 and it has been determined that Tricon Construction of Dubuque, Iowa with a bid in the amount of $5,693,000.00 is the lowest responsive, responsible bidder for the Project. 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 Tricon General Construction 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 5th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Request for Proposals - Consultant Ser- vices for Five Flags Civic Center Assessment and Study: City Manager recommending ap- proval of the release of a Request for Pro- posals for consultant services for a Five Flags Civic Center Assessment and Study. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 6-0. 4. Art on the River Snow Sculpting Con- test: City Manager recommending approval of the extension of the Art on the River Exhibit to include an annual snow sculpting contest that will coincide with the National Mississippi River Museum’s annual Ice Festival. Motion by Con- nors to receive and file the documents and approve the recommendation. Seconded by Jones. Responding to questions from the City Council, Arts Coordinator Debra Alleyne ex- plained how sculpting materials will be brought to the site. Motion carried 6-0. 5. South Pointe Housing Urban Renewal Area - Ordinance Amendment: This item was removed from the agenda. 6. Request for Work Session - Quarterly Sustainable Dubuque Report: City Manager recommending that the City Council schedule the Sustainable Dubuque Quarterly Work Ses- sion for Monday, January 9, 2017, at 6:00 p.m. Restated motion by Connors to set the work session for Monday, January 30 at 6:00 p.m. Seconded by Resnick. Motion carried 6-0. There being no further business, upon mo- tion the City Council adjourned at 7:02 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Special Session, December 12, 2016 486 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on December 12, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Rios; City Manager Van Milligen, City Attorney Brumwell. (Council Member Rios left the meeting from 6:15 p.m. to 6:25 p.m.) Absent: Council Member Resnick Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Inclusive Dubuque and a closed session on pending litigation and real estate transfer ne- gotiations. WORK SESSION Inclusive Dubuque Quarterly Update Eric Dregne, VP of Strategic Initiatives for the Community Foundation of Greater Dubu- que, introduced the work session agenda. Mr. Dregne and other Inclusive Dubuque Network partners Marty Fiesler of IBM; Suzie Stroud of Clarke University, Mark Burns, Washington Middle School Principal; Linda Zillig, Washing- ton Middle School Teacher/Leader; David Schmitz, Director of the Dubuque Museum of Art; and Kelly Larson, City of Dubuque Human Rights Director presented the quarterly report. Topics included: • Introduction to the Inclusive Dubuque Network • Dubuque by the numbers: population by race/ethnicity; median household in- come; percent in poverty • Race/ethnicity growth by 2025 • Community Foundation initiatives: aca- demic achievement, equity and inclu- sion, economic opportunity • Inclusive Dubuque: mission statement and definitions of diversity, equity, and inclusion • Inclusive Dubuque Network: sector groups and peer learning; partners and purpose • Inclusive Dubuque organizing structure; operating principles; network history 2012-2016 • Quarter’s Accomplishments: o Network Impact Council devel- oped an Incident Response Plan, o Peer Learning Council developed an equity education plan, o Equity tools were released to sec- tor groups: conversation starters, messaging manual, self- assessment, education/training, network action plan • Network at Work: o Facing Diversity: Marshallese Sto- ries, diversity through the telling of one’s story o Moxie Squad – Student-led Inter- cultural Competency training o Arts and Culture: Mission moment and cultural snapshots o Partnering with the City of Dubu- que Human Rights Department: data collection, facilitation and employee recruitment Mayor Buol provided closing remarks and thanked the presenters. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 6:50 p.m. to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Se- conded by Connors. Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Crenna Brumwell and Assistant City Attorney Maureen Quann. Motion carried 6-0. Upon motion, the City Council reconvened in open session at 7:35 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 7:36 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session, December 19, 2016 487 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on December 19, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick; City Manager Van Milligen, City Attorney Brumwell Absent: Council Member Rios 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 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 6-0. 1. Minutes and Reports Submitted: Cable TV Commission of 12/7; City Council Proceed- ings of 12/5, 12/12; Community Development Advisory Commission of 11/22; Five Flags Civic Center Commission of 11/28; Historic Preservation Commission of 11/17; Long Range Planning Advisory Commission of 11/17; Zoning Board of Adjustment of 11/17; Proof of Publication for City Council Proceed- ings of 11/21, 11/28. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Elizabeth Hass for personal injury. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney ad- vising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Elizabeth Hass for personal injury; Mi- chael Jelinske for vehicle damage; Alison Schmitt for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Jule Transit Annual Report: City Manag- er transmitting the Fiscal Year 2016 Jule Transit Annual Report and highlights of operat- ing statistics. Upon motion the documents were received and filed. 5. Winter Reminders Brochure: City Man- ager submitting the Winter Reminders public information brochure. Upon motion the docu- ments were received and filed. 6. Sky Blue Estates Stormwater Manage- ment: City Manager transmitting information relating to the stormwater management issues that arose during construction of the first phase of the Sky Blue Estates Subdivision and outlining steps taken to address the issues and prevent repeating them as a result of the de- velopment of Sky Blue Estates #2. Upon mo- tion the documents were received and filed. 7. Kennedy Road Right-of-Way Acquisition (The Barony Inc.): City Manager recommend- ing approval of the acquisition of real estate owned by The Barony, Inc. along the Kennedy Road right-of-way to clean up the City bounda- ry and facilitate economic development pro- jects in the area. Upon motion the documents were received and filed and Resolution No. 414-16 Approving the acquisition of real estate owned by the Barony, Inc. was adopted. RESOLUTION NO. 414-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE BARONY INC. Whereas, the City of Dubuque intends to acquire certain real estate as necessary along the Kennedy Road right-of-way to clean up the City boundary and facilitate an economic de- velopment project in the area; and Whereas, The Barony Inc., a defunct Iowa corporation, is the Owner of this certain real estate. As the shareholders for The Barony, Inc. are deceased the heirs were identified, located, and they have voluntarily agreed to sell to the City of Dubuque the certain real estate legally described as follows (the Proper- ty): Lot A of Goldthorp Place in the County of Dubuque, Iowa; Lot B of Goldthorp Place in the County of Dubuque, Iowa; Lot C of Goldthorp Place in the County of Dubuque, Iowa; Lot D of Goldthorp Place in the County of Dubuque, Iowa; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of Book 146 Regular Session, December 19, 2016 488 eminent domain under Chapter 6B of the Code of Iowa; and Whereas, the heirs of The Barony, Inc’s. shareholders have agreed on behalf of The Barony, Inc. to sell the property for a total cost of $44,500.00; and Whereas, the $44,500.00 cost for the City to acquire the property corresponds to the costs the City would incur if the property was acquired through the eminent domain process; and Whereas, a purchase agreement has been finalized with the heirs of The Barony, Inc’s. shareholders on behalf of The Barony, Inc. as owner of the real estate scheduled for acquisi- tion; and Whereas, it is in the best interest of the City to acquire the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim Deed from the heirs of The Barony, Inc.’s shareholders, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Kennedy Road Right-of-Way Acquisition (Richman): City Manager recommending ap- proval of the acquisition of real estate owned by John and Diane Richman along the Kenne- dy Road right-of-way to clean up the City boundary and facilitate economic development projects in the area. Upon motion the docu- ments were received and filed and Resolution No. 415-16 Approving the acquisition of real estate owned by John T. and Diane M. Rich- man was adopted. RESOLUTION NO. 415-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY JOHN T. AND DIANE M. RICHMAN Whereas, the City of Dubuque intends to acquire certain real estate as necessary along the Kennedy Road right-of-way to clean up the City boundary and facilitate an economic de- velopment project in the area; and Whereas, John and Diane Richman, the Owners of this certain real estate have volun- tarily agreed to sell to the City of Dubuque the certain real estate legally described as follows (the Property): Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, the Owners have agreed to sell the property for a total cost of $7,680.00; and Whereas, the $7,680.00 cost for the City to acquire the Owners’ property corresponds to the costs the City would incur if the property was acquired through the eminent domain process; and Whereas, a purchase agreement has been finalized with the owners of the real estate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim Deed from the owners, conveying the owners’ interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Bee Branch Creek Restoration Project - Acquisition of 411 E. 15th Street: City Manager recommending approval to amend the pur- chase agreement for the acquisition of 411 E. 15th Street to reflect the sharing of costs as- sociated with the environmental cleanup re- quired for the City’s intended use of the prop- erty. Upon motion the documents were re- ceived and filed and Resolution No. 416-16 Amending the Purchase Agreement for the Acquisition of real estate owned by Blum Properties, Inc. in the City of Dubuque and Book 146 Regular Session, December 19, 2016 489 authorizing application for U.S. EPA Brown- field Cleanup Grant Funding for the real estate was adopted. RESOLUTION NO. 416-16 AMENDING THE PURCHASE AGREEMENT FOR THE ACQUISITION OF REAL ESTATE OWNED BY BLUM PROPERTIES, INC. IN THE CITY OF DUBUQUE AND AUTHORIZ- ING APPLICATION FOR U.S. EPA BROWNDFIELDS CLEANUP GRANT FUND- ING FOR THE REAL ESTATE Whereas, the City of Dubuque intends to acquire certain properties located in the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recom- mended in the Drainage Basin Master Plan; and Whereas, it was determined that property owned by Blum Properties, Inc. (Blum) at 411 E. 15th Street (the Property) would provide the needed space to construct the Bee Branch Watershed Flood Mitigation Maintenance Fa- cility; and Whereas, an environmental assessment was performed at the Property finding contam- ination by oil and lead on the Property that provided an indication of the areas of concern that, due to the City’s proposed use of the property, would require environmental clean- up; and Whereas, a purchase agreement was final- ized with the Blum Properties, Inc., owner of the Property described as Lots 182, 182A, 183, 184, 185, 186, West 65' of Lots 217, 218, 219, 220, & 221, and East 35' of Lots 217, 218, 219, 220, & 221 all in East Dubuque Ad- dition, in the City of Dubuque, Dubuque Coun- ty, Iowa; and Whereas, the City Council passed Resolu- tion 172-14 approving the acquisition of the Property for the Bee Branch Creek Restoration Project; and Whereas, per the terms of the Total Acqui- sition Agreement (Purchase Agreement) the City will pay $500,000 for the Property; and Whereas, a subsequent environmental as- sessment performed in 2016 confirmed the presence of petroleum/waste oil and metal related pollutants, it also reported the pres- ence of Polychlorinated Biphenyl (PCBs) and health risks to anyone who routinely enters the property; and Whereas, the additional environmental is- sues will require additional environmental cleanup costs; and Whereas, Blum Properties, Inc. has agreed to amending the terms of the Total Acquisition Agreement (Purchase Agreement) reducing the purchase price to $100,000 with $400,000 to be held by the City in a designated account to be drawn by the City to pay for 50% of the environmental cleanup costs after any and all state or federal grant funds secured by the City specifically for environmental cleanup activities are exhausted and the City; and Whereas, per the amended terms the City would agree to apply for U.S. EPA Brownfields Cleanup Grant funding in 2016 and again in 2017 in an attempt to secure funding assis- tance for performance of the environmental cleanup required for the City’s intended use of the property; and Whereas, the City must own the property by December 22, 2016 in order to apply for U.S. EPA Brownfields Cleanup Grants in 2016; and Whereas, it is in the best interest of the City to purchase the property per the terms of the First Amendment to the Purchase Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the Purchase Agreement for 411 E. 15th Street is hereby approved. Section 2. That the Mayor is authorized to sign and submit documents as required for the City’s application for U. S. EPA Brownfields Cleanup Grant funding in 2016 and 2017. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Kennedy Road Right-of-Way Acquisi- tion (Gilbert Merritt): City Manager recom- mending approval of the acquisition of real estate owned by Lawrence Gilbert Merritt along the Kennedy Road right-of-way to clean up the City boundary and facilitate economic development projects in the area. Upon motion the documents were received and filed and Resolution No. 417-16 Approving the acquisi- tion of real estate owned by Lawrence Merritt from his heirs Virginia Jahnke, Madonna Mer- ritt, Carol Nesteby, and Juanita Schlarmann was adopted. RESOLUTION NO. 417-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY LAWRENCE MERRITT FROM HIS HEIRS VIRGINIA JAHNKE, MA- DONNA MERRITT, CAROL NESTEBY, AND JUANITA SCHLARMANN Whereas, the City of Dubuque intends to acquire certain real estate as necessary along the Kennedy Road right-of-way to clean up the City boundary and facilitate an economic de- velopment project in the area; and Whereas, Lawrence Merritt, who died in 1974, remains the owner of certain real estate legally described as follows (the Property): Book 146 Regular Session, December 19, 2016 490 Lot 2A of Lot 1-1-1-1-1-1-3 of Helen E. and Mary H. Steward Subdivision, Sec- tion 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa; and Whereas, the heirs of Lawrence Merritt identified as Virginia Jahnke, Madonna Merritt, Carol Nesteby, and Juanita Schlarmann, have voluntarily agreed to sell to the City of Dubu- que the certain real estate; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, the Owners have agreed to sell the property for a total cost of $5,337.00; and Whereas, the $5,337.00 cost for the City to acquire the Owners’ property corresponds to the costs the City would incur if the property was acquired through the eminent domain process; and Whereas, a purchase agreement has been finalized with the owners of the real estate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim Deed from the heirs of Lawrence Merritt, con- veying their interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Pre-Annexation Agreement - Timber Ridge Estates, LLC: City Manager recom- mending approval of a Pre-Annexation Agreement with Timber Ridge Estates, LLC, in conjunction with a request for approval of the Final Plat of Timber Ridge Estates. Upon mo- tion the documents were received and filed and Resolution No. 418-16 Pre-Annexation Agreement between the City of Dubuque, Iowa and Timber Ridge Estates, LLC was adopted. RESOLUTION NO. 418-16 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND TIMBER RIDGE ES- TATES, LLC Whereas, Timber Ridge Estates, LLC, the owner of the following described property in Dubuque County, Iowa (the Property) has submitted to the City Council of the City of Dubuque an application for voluntary annexa- tion of the Property to the City of Dubuque: The North Half of the Southeast Quar- ter of the Northeast Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, except for the East 10 feet thereof, more particularly described as follows: Beginning at the northwest corner of the Southeast Quarter of the Northeast Quarter of Said Section 9; then S88”37’28” E, 1311.90 feet: thence N00 “41’21”E, 651.31 feet: N89 “02’23”W, 1325.77 feet to the west line of the Southeast Quarter of the North- east Quarter of said Section 9: thence S00 “33’24”E, 542.01 feet to the point of beginning, containing 19.574 acres which includes 2.206 acres of public road right-of-way. Whereas, Timber Ridge Estates, LLC has entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is at- tached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 author- izes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future or- derly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Timber Ridge Estates, LLC and the City of Dubuque is hereby approved. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, December 19, 2016 491 12. Timber-Hyrst Estates No. 4 - Time Ex- tension: City Manager recommending approval of an extension of time for North Cascade De- velopers, LLC to complete the required re- maining public improvements in Timber-Hyrst Estates No. 4. Upon motion the documents were received and filed and Resolution No. 419-16 Amending Resolution No. 181-14 Ap- proving the Final Plat of Timber-Hyrst Estates #4 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 419-16 AMENDING RESOLUTION NO. 181-14 AP- PROVING THE FINAL PLAT OF TIMBER- HYRST ESTATES # 4 IN THE CITY OF DUBUQUE, IOWA Whereas, on June 16, 2014, the City Council adopted Resolution No. 181-14 ap- proving the final plat of Timber-Hyrst Estates # 4 in the City of Dubuque, Iowa; and Whereas, Section 3(d) of Resolution No. 181-14 required the owner to construct certain public improvements prior to two years from the date of acceptance of the resolution; and Whereas, all public improvements, except for accessible sidewalk ramps and sidewalk along the east side of Creekwood Drive from Station 70+50 to North Cascade Road, have been installed by the owner; and Whereas, the owner has requested an ex- tension of time in which to construct said curb ramp and sidewalk improvements; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to grant an extension for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 181-14, Section 3(d) is hereby amended to read as follows: To construct the improvements outlined in (a) and (b) and (c) within two (2) years from the date of acceptance of this resolution, at the sole expense of North Cascade Road Developers, LLC, or future owner. The owner agrees to construct said curb ramp and sidewalk improvements prior to the 1st day of June 15, 2017, at the sole expense of the owner or future owner. Section 2. All other requirements and obli- gations of Resolution No. 181-14 shall remain in full force and effect as provided therein. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Offer to Buy Excess Right-of-Way at Fengler Street and Kerper Boulevard: City Manager recommending approval of an agreement for the City to acquire a portion property owned by Giese Company, LLC in exchange for the vacation of a portion of ex- cess right-of-way on Kerper Boulevard at Fengler Street. Upon motion the documents were received and filed and Resolution No. 420-16 Approving an Offer to Purchase Agreement for the acquisition of property at Fengler Street and Kerper Boulevard between the City of Dubuque, Iowa and Giese Compa- ny, LLP was adopted. RESOLUTION NO. 420-16 APPROVING AN OFFER TO PURCHASE AGREEMENT FOR THE ACQUISITION OF PROPERTY AT FENGLER STREET AND KERPER BOULEVARD BETWEEN THE CITY OF DUBUQUE, IOWA AND GIESE COMPANY LLP Whereas, the City of Dubuque is party to an Offer to Purchase Agreement with Giese Company LLP, whereby the City would acquire a portion of Lot 1 of Block 19 in River Front Subdivision No. 3 owned by Giese Company LLP (Giese) in exchange for the vacation of a portion of excess right of way of Kerper Boule- vard; and Whereas, the City of Dubuque has deter- mined that the Kerper Boulevard Sanitary Sewer Repair Project will require that certain public improvements to be located on property currently owned by Giese and Giese agrees that such improvements are reasonable and necessary; and Whereas, Giese Company LLP, has exe- cuted the Offer to Purchase Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Offer to Purchase Agree- ment attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Offer to Purchase Agreement on behalf of the City of Dubuque Passed, approved, and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Request for Proposals - Engineering Services for the Bee Branch Watershed Flood Mitigation Project: City Manager recommend- ing authorization to release an RFP and enter into contract negotiations with an engineering consulting firm to provide services as needed for the design, bidding, and construction of the 22nd Street/Kaufmann Avenue Storm Sewer Improvements and the 17th Street/W. Locust Street Storm Sewer Improvements. Upon mo- tion the documents were received, filed and approved. Book 146 Regular Session, December 19, 2016 492 15. ICAAP Grant Application for Grandview Avenue and University Avenue Roundabout Project: City Manager recommending authori- zation to submit an application for an Iowa Clean Air Attainment Program (ICAAP) grant to assist with funding a proposed North Grandview Avenue and University Avenue Roundabout Intersection improvement. Upon motion the documents were received and filed and Resolution No. 421-16 Authorizing the filing of a grant application with the Iowa De- partment of Transportation for an Iowa Clean Air Attainment Program (ICAAP) Grant for the City of Dubuque North Grandview Avenue and University Avenue Roundabout Intersection Improvement was adopted. RESOLUTION NO. 421-16 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DEPART- MENT OF TRANSPORTATION FOR AN IO- WA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) GRANT FOR THE CITY OF DUBU- QUE NORTH GRANDVIEW AVENUE AND UNIVERSITY AVENUE ROUNDABOUT IN- TERSECTION IMPROVEMENT Whereas, the increasing growth of traffic volumes, along with operational and safety concerns, at North Grandview Avenue and University Avenue in the City of Dubuque could be improved by a roundabout; and Whereas, the City of Dubuque has deter- mined that improvements to this intersection, as recommended by the Iowa Department of Transportation Office of Traffic Safety, will improve traffic flow; and Whereas, the City of Dubuque is seeking the necessary funding for project implementa- tion, and upon completion, in cooperation with the Iowa Department of Transportation, be responsible for adequately maintaining and operating the project for public use during the project’s useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City supports and hereby authorizes submitting a grant application for funds through the Iowa Clean Air Attainment Program (ICAAP) to partially fund the pro- posed North Grandview Avenue and University Avenue Roundabout Intersection Improve- ment. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Valentine Park - Fiscal Year 2017 REAP Grant Agreement: City Manager rec- ommending approval of the FY 2017 Resource Enhancement and Protection (REAP) Grant Agreement with the Iowa Department of Natu- ral Resources for the Valentine Park Expan- sion – Roepsch Property. Upon motion the documents were received and filed and Reso- lution No. 422-16 Authorizing FY 2017 REAP Grant Agreement with Iowa Department of Natural Resources for Valentine Park Expan- sion Project - Roepsch Property was adopted. RESOLUTION NO. 422-16 AUTHORIZING FY 2017 REAP GRANT AGREEMENT WITH IOWA DEPARTMENT OF NATURAL RESOURCES FOR VALEN- TINE PARK EXPANSION PROJECT - ROEPSCH PROPERTY Whereas, the Iowa Department of Natural Resources has allocated grant funds from REAP (Resource Enhancement and Protec- tion) for projects that help establish natural areas, encourage outdoor recreation, and en- hance and protect Iowa’s natural and cultural resources; and Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that includes goals for environmental quality, park improve- ments, and acquisition of parkland. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the FY 2017 REAP Grant Agreement with the Iowa Department of Natural Re- sources for the Valentine Park Expansion Pro- ject - Roepsch Property in the amount of $140,790. Section 2. That the City Council hereby provides its written assurance that the com- pleted project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. AmeriCorps Partners in Learning Grant Application: City Manager recommending ap- proval of the 2017-2018 AmeriCorps Partners in Learning Campaign for Grade Level Read- ing Grant application. Upon motion the docu- ments were received, filed and approved. 18. Property Tax Appeal Settlement - Med- ical Associates Realty, LLC: Senior Counsel recommending approval of the Stipulation of Settlement for a property tax appeal filed by Medical Associates Realty, LLC for property located at 990 Langworthy Street. Upon mo- tion the documents were received, filed and approved. 19. SW Arterial Iowa DOT Funding Agree- ment Military Road Reconstruction Project: City Manager recommending approval for the Book 146 Regular Session, December 19, 2016 493 Mayor to execute the Iowa Department of Transportation Cooperative Preconstruction Funding Agreement for the Southwest Arterial- Military Road Reconstruction Project. Upon motion the documents were received and filed and Resolution No. 423-16 Approving the Co- operative Preconstruction Funding Agreement (Agreement No. 2017-16-056) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - Military Road Reconstruction Project was adopted. RESOLUTION NO. 423-16 APPROVING THE COOPERATIVE PRE- CONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2017-16-056) BETWEEN THE CITY OF DUBUQUE AND IOWA DE- PARTMENT OF TRANSPORTATION FOR THE SOUTHWEST ARTERIAL - MILITARY ROAD RECONSTRUCTION PROJECT Whereas, the Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque De- velopment Corporation have all identified the completion of the Southwest Arterial Project as the No. 1 surface transportation priority in the Dubuque area; and Whereas, the City of Dubuque (City) and Iowa Department of Transportation (Iowa DOT) desire to maintain and increase trans- portation infrastructure while improving safety for the motorist within the City of Dubuque and Dubuque County and acknowledge the mutual benefit to partner on the Southwest Arterial Project; and Whereas, the City and the Iowa DOT exe- cuted a Memorandum of Understanding (MOU) and a Transfer of Roadway Jurisdiction (TOJ) for the completion of the Southwest Ar- terial project; and Whereas, the Iowa DOT and City, in joint cooperation propose to Transfer the Jurisdic- tion of the Southwest Arterial from the City to the Iowa DOT in exchange for the Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52/Iowa 3 from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61 in downtown Dubu- que, from the State to the City, after the Southwest Arterial is completed and open to traffic; and Whereas, The Military Road Reconstruc- tion project will provide for the reconstruction (grading, bridge and paving) of Military Road which will allow the future Southwest Arterial to travel under the new Military Road Bridge; and Whereas, the City was responsible for the design and property acquisition for the Military Road Reconstruction project and will be the third and final side-road reconstruction project administered by the City as part of the South- west Arterial project; and Whereas, following the Transfer of Juris- diction after the Southwest Arterial is complet- ed and open to traffic, Military Road will remain a local public City street; and Whereas, the estimate of probable cost for the both the City and Dubuque County cost share associated with the Military Road Re- construction project is summarized as follows: CIP No. Fund Source Descrip- tion Amount 3001287 City - Federal SAFE- TEA-LU Funding (IA 192 - 80%) 332,548.75 3001287 City - Local Funding (IA 192 - 10%) 41,568.60 County - Local Funding (IA 192 - 10%) 41,568.60 Total Project Funding $ 415,685.95 Whereas, the anticipated funding for the project summary is as follows: CIP No. Fund Source Descrip- tion Amount 3001287 Iowa DOT - Repurpos- ing Funding (IA 097 - 80%) $2,600,000.00 3001287 Iowa DOT - Primary Road Funding (IA 097 - 20%) 650,000.00 3001287 Iowa DOT - Primary Road Funding (100%) 1,895,000.00 3001287 City - Federal SAFE- TEA-LU Funding (IA 192 - 80%) 332,548.75 3001287 City - Local Funding (IA 192 - 10%) 41,568.60 County - Local Funding (IA 192 - 10%) 41,568.60 Total Project Funding $5,560,685.95 NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. City of Dubuque and the Iowa Department of Transportation hereby agree to partner on the Southwest Arterial Project. Section 2. Whereas, the Iowa DOT and City, in joint cooperation propose to construct the Southwest Arterial - Military Road Recon- struction project, Iowa DOT Project No. HDP- 2100 (664)--7I-31. Section 5. The Mayor is hereby authorized to execute the Cooperative Preconstruction Funding Agreement (Agreement No. 2017-16- 056), between the City of Dubuque and the Iowa Department of Transportation for the Southwest Arterial - Military Road Reconstruc- tion project, Iowa DOT Project. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Book 146 Regular Session, December 19, 2016 494 Attest: Kevin S. Firnstahl, City Clerk 20. Loras College Usage Agreement for Petrakis Field: City Manager recommending approval of the Usage Agreement with Loras College for Petrakis Field. Upon motion the documents were received, filed and approved. 21. Clarke University Usage Agreement for Veterans’ Memorial Field 2: City Manager rec- ommending approval of the Usage Agreement with Clarke University for softball field 2 in Veterans’ Memorial Park. Upon motion the documents were received, filed and approved. 22. I-Net User Agreements with Loras Col- lege and Clarke University: City Manager rec- ommending approval for the City Manager to execute I-Net Agreements with Loras College and Clarke University to connect the two cam- puses using Dubuque’s I-Net. Upon motion the documents were received, filed and approved. 23. Weaver Castle, LLC - Third Amend- ment to Development Agreement for 346-348 West Locust Street: City Manager recom- mending approval of the Third Amendment to the Development Agreement with Weaver Castle, LLC for the redevelopment of property at 346-348 West Locust Street. Upon motion the documents were received and filed and Resolution No. 424-16 Approving the Third Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC was adopted. RESOLUTION NO. 424-16 APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) entered into a Development Agreement dated for ref- erence purposes the 21st day of August, 2013 for the redevelopment of the property at 346- 348 West Locust Street, which Development Agreement required Developer to complete certain Minimum Improvements described therein; and Whereas the First Amendment to Devel- opment Agreement, dated the 16th day of March, 2015, extended the substantial comple- tion date of the Minimum Improvements to December 31, 2015; and Whereas the Second Amendment to De- velopment Agreement, dated the 19th day of October, 2016, extended the substantial com- pletion date of the Minimum Improvements to December 31, 2016; and Whereas City and Developer now desire to amend the Development Agreement as set forth in the Third Amendment to Development Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby ap- proves the Third Amendment to Development Agreement. Section 2. The Mayor is authorized and di- rected to sign the Second Amendment to De- velopment Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. Acceptance of 2016 Asphalt Overlay Access Ramp Project Two: City Manager rec- ommending acceptance of the construction contract for the 2016 Asphalt Overlay Access Ramp Project Two as completed by Midwest Concrete. Upon motion the documents were received and filed and Resolution No. 425-16 Accepting the 2016 Asphalt Overlay Access Ramps Project Two and authorizing the pay- ment of the contract amount to the contractor was adopted. RESOLUTION NO. 425-16 ACCEPTING THE 2016 ASPHALT OVERLAY ACCESS RAMPS PROJECT TWO AND AU- THORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2016 Asphalt Overlay Access Ramps Project Two (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Curb Ramp Program appropriations for the contract amount of $93,898.90 less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, December 19, 2016 495 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETE OF THE 2016 ASPHALT OVER- LAY ACCESS RAMPS PROJECT TWO. The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the 2016 Asphalt Overlay Access Ramps Project Two, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $99,570.77. Dated this 9th day of December, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9th day of December, 2016. /s/Kevin S. Firnstahl, City Clerk 25. Acceptance of 2016 Asphalt Overlay Access Ramp Project Three: City Manager recommending acceptance of the construction contract for the 2016 Asphalt Overlay Access Ramp Project Three as completed by Midwest Concrete. Upon motion the documents were received and filed and Resolution No. 426-16 Accepting the 2016 Asphalt Overlay Access Ramps Project Three and authorizing the payment of the contract amount to the contrac- tor was adopted. RESOLUTION NO. 426-16 ACCEPTING THE 2016 ASPHALT OVERLAY ACCESS RAMPS PROJECT THREE AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the 2016 Asphalt Overlay Access Ramps Project Three (the Project) has been complet- ed and the City Engineer has examined the work and filed a certificate stating that the Pro- ject has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Curb Ramp Program appropriations and the side- walk program appropriations for the contract amount of $60,812.24, less any retained per- centage provided for therein as provided in Iowa Code chapter 573, and to pay such re- tainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2016 ASPHALT OVERLAY ACCESS RAMPS PROJECT THREE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2016 Asphalt Overlay Access Ramps Project Three, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $64,120.01 Dated this 9th day of December, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9th day of December, 2016. /s/Kevin S. Firnstahl, City Clerk 26. Acceptance of Permanent Easement for Storm Sewer at 545 Villa Street: City Man- ager recommending acceptance of a Grant of Permanent Easement for Storm Sewer from Bradley and Ann Palzkill over a portion of their property at 545 Villa Street that will facilitate the construction and on-going maintenance of the Storm Sewer Utility, which the City of Dubuque will own and maintain. Upon motion the documents were received and filed and Resolution No. 427-16 Accepting a Grant of Easement for storm sewer over and across a part of Lot 1 of the Subdivision of Lot 25 in Lev's Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 427-16 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER OVER AND ACROSS A PART OF LOT 1 OF THE SUBDIVISION OF LOT 25 IN LEV’S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Bradley P. Palzkill and Ann M. Palzkill have executed an Easement for Storm Sewer through, over and across a Part of Lot 1 of the Subdivision of Lot 25 in Levi’s Addition, in the City of Dubuque, Dubuque County, Io- wa. 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 Easement for Storm Sewer through, over and across a Part of Lot 1 of the Subdivision of Lot 25 in Levi’s Addition, in the City of Dubuque, Dubuque County, Iowa from Bradley P. Palzkill and Ann M. Palzkill, 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. Book 146 Regular Session, December 19, 2016 496 Section 3. The City Clerk is hereby author- ized to and directed to record this resolution and easement with the Dubuque County Re- corder. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 27. Acceptance of Fiscal Year 2016 Sew- ershed 5 Sanitary Sewer Manhole Project: City Manager recommending acceptance of the construction contract for the FY16 Sewershed 5 Sanitary Sewer Manhole Project, as com- pleted by McDermott Excavating. Upon motion the documents were received and filed and Resolution No. 428-16 Accepting the FY16 Sewershed 5 Sanitary Sewer Manhole Project was adopted. RESOLUTION NO. 428-16 ACCEPTING THE FY16 SEWERSHED 5 SANITARY SEWER MANHOLE PROJECT Whereas, the public improvement contract for the FY16 Sewershed 5 Sanitary Sewer Manhole Project, (the Project) has been com- pleted by the Contractor, McDermott Excavat- ing (Contractor), the City Engineer has exam- ined the work and recommends that the Pro- ject be accepted; and Whereas, the final contract amount for the Project is $45,076.41; and Whereas, the Contractor has previously been paid $42,822.59, leaving a balance of $2,253.82; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $2,253.82 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF FY 16 SEWERSHED 5 SANITARY SEWER MANHOLE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the FY 16 Sewershed 5 Sanitary Sewer Manhole Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $48,231.76. Dated this 9th day of December, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9th day of December, 2016. /s/Kevin S. Firnstahl, City Clerk 28. Acceptance of Dubuque Industrial Cen- ter South Building Pad 1 Sanitary Sewer Ex- tension Project: City Manager recommending acceptance of the construction contract for the Dubuque Industrial Center South Building Pad 1 Sanitary Sewer Extension as completed by McDermott Excavating. Upon motion the doc- uments were received and filed and Resolution No. 429-16 Accepting the Dubuque Industrial Center South Building Pad 1 Sanitary Sewer Extension and Authorizing the payment to the contractor was adopted. RESOLUTION NO. 429-16 ACCEPTING THE DUBUQUE INDUSTRIAL CENTER SOUTH, BUILDING PAD 1 SANI- TARY SEWER EXTENSION AND AUTHOR- IZING THE PAYMENT TO THE CONTRAC- TOR Whereas, the public improvement contract for the Dubuque Industrial Center South, Build- ing Pad 1 Sanitary Sewer Extension Project (the Project) has been completed by the Con- tractor, McDermott Excavating (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $62,268.67; and Whereas, the Contractor has previously been paid $60,105.24, leaving a balance of $3,163.43; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $3,163.43 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, December 19, 2016 497 CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE DUBUQUE INDUS- TRIAL CENTER SOUTH, BUILDING PAD 1 SANITARY SEWER EXTENSION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Exten- sion Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $67,082.10. Dated this 9th day of December, 2016. /s/Gus Psihoyos, City Engineer. Filed in the office of the City Clerk on the 9th day of December, 2016. /s/Kevin S. Firnstahl, City Clerk 29. Acceptance of State of Iowa Land Pa- tent - 250 South Main Street: City Manager recommending acceptance of a State of Iowa Land Patent for conveyance of the title for the tract of land located at 250 South Main Street from the State of Iowa to the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 430-16 Accepting a State Land Patent for the conveyance of title for the tract of land located at 250 South Main Street (Parcel B, located in Block 14 of Dubu- que Harbor Company Addition in the City of Dubuque, Dubuque County, Iowa) from the State of Iowa to the City of Dubuque was adopted. RESOLUTION NO. 430-16 ACCEPTING A STATE LAND PATENT FOR THE CONVEYANCE OF TITLE FOR THE TRACT OF LAND LOCATED AT 250 SOUTH MAIN STREET (PARCEL B, LOCATED IN BLOCK 14 OF DUBUQUE HARBOR COM- PANY ADDITION IN THE CITY OF DUBU- QUE, DUBUQUE COUNTY, IOWA) FROM THE STATE OF IOWA TO THE CITY OF DUBUQUE Whereas, on February 1, 2010, the City of Dubuque executed an Offer to Buy and De- ferred Payment Plan agreement to purchase Parcel B, located in Block 14 of Dubuque Har- bor Company Addition in the City of Dubuque, Dubuque County, Iowa and the State of Iowa has accepted said offer to purchase; and Whereas, per the terms of the Offer to Buy agreement, the City has made annual pay- ments of $47,143 and final payment was is- sued and received by the State of Iowa on September 30th, 2016; and Whereas, the State of Iowa has executed a Land Patent for the conveyance of said prop- erty. 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 Land Patent from the State of Iowa, a copy of which is attached hereto, as required by Iowa Code Section 569.7. 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. Passed, adopted and approved this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 30. Acceptance of Fiscal Year 2016 Sew- ershed 5, 7, 11 and 12 Manhole Project: City Manager recommending acceptance of the public improvement construction contract for the FY 16 Sewershed 5, 7, 11 and 12 Manhole Project, as completed by Visu-Sewer Inc. Up- on motion the documents were received and filed and Resolution No. 431-16 Authorizing the FY 16 Sewershed 5, 7, 11 & 12 Manhole Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 431-16 ACCEPTING THE FY 16 SEWERSHED 5, 7, 11 & 12 MANHOLE PROJECT AND AU- THORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the FY 16 Sewershed 5, 7, 11 & 12 Man- hole Project (the Project) has been completed by the Contractor, Visu-Sewer Inc. (Contrac- tor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $76,712.55; and Whereas, the Contractor has previously been paid $72,876.92, leaving a balance of $3,835.63; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $3,835.63 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19th day of December, 2016. Book 146 Regular Session, December 19, 2016 498 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE FY 16 SEWERSHED 5, 7, 11 & 12 MANHOLE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the FY 16 Sewershed 5, 7, 11 & 12 Manhole Project has been performed in com- pliance with the terms of the Public Improve- ment Contract, and that the total cost of the completed work is $80,548.18. Dated this 13th day of December, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 13th day of December, 2016. /s/Kevin S. Firnstahl, City Clerk 31. Acceptance of Fiscal Year 2016 CIPP Sanitary Sewer Lining Project: City Manager recommending acceptance of the public im- provement construction contract for the FY 16 (CIPP) Sanitary Sewer Lining Project, as com- pleted by SAK Construction. Upon motion the documents were received and filed and Reso- lution No. 432-16 Accepting the FY 16 Sani- tary Sewer Cured-in-Place Pipe (CIPP) Lining Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 432-16 ACCEPTING THE FY 16 SANITARY SEWER CURED-IN-PLACE PIPE (CIPP) LINING PROJECT AND AUTHORIZING THE PAY- MENT TO THE CONTRACTOR Whereas, the public improvement contract for the FY 16 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project (the Project) has been completed by the Contractor, SAK Con- struction (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $440,344.00; and Whereas, the Contractor has previously been paid $418,326.80, leaving a balance of $22,017.20; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $22,017.20 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE FY 16 SANITARY SEWER CURED-IN-PLACE PIPE (CIPP) LIN- ING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the FY 16 Sanitary Sewer Cured-in- Place Pipe (CIPP) Lining Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $462,361.20. Dated this 13th day of December, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 13th day of December, 2016. /s/Kevin S. Firnstahl, City Clerk 32. Civil Service Commission - Certified Lists: Civil Service Commission submitting the Certified Lists for the positions of Account Clerk I, Water Meter Repair-Worker I, Urban Forester, and the re-certified list for the posi- tion of Inspector II. Upon motion the docu- ments were received, filed and made a Matter of Record. December 15, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Account Clerk I was administered on De- cember 6, 2016. We hereby certify that the individuals listed below have passed this writ- ten examination and the vacancy for this posi- tion should be made from this list and that this list is good for two (2) years from above date. Account Clerk I 1. Kate Weidemann 22. Cheryl Pregler 2. Connie Fuerst Moyer 23. Chandal Link 3. Daniel Jochum 24. Kim Weinschenk 4. Angela Coleman 25. Susan Elliott 5. Colleen Fitzpatrick 26. Lori Hansen 6. Mindy Klein 27. Larry Koos 7. Tanya Walske 28. Matthew Miller 8. Derek Collum 29. Tonya Duffy 9. Abby Schrup 30. Melissa Even 10. Ian Bonnette 31. Jillian Funk 11. Susan Deininger 32. Anita Osobasic Gonyier 12. John Sewell 33. Nicole Terzano-Borovic 13. Jacob Stocker 34. Carolyn Toth 14. Teresa Behnke 35. Kelli Berkley 15. Sherri Birkett 36. Tracy Brenner 16. Mary Thill 37. Susan Kloft 17. Cindy Wilharm 38. Darlene Miller 18. Robin Markus 39. Jennifer Welsh Book 146 Regular Session, December 19, 2016 499 19. Mary McWilliams 40. Christina Bandfield 20. Janelle Wilwert 41. Rachel Edmonds 21. Trisha Petersen 42. Anna Hoppmann Respectfully submitted, Dan White, Chairman Civil Service Commission December 15, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Water Meter Repair-W orker I was adminis- tered on November 28, 2016. We hereby certi- fy that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Water Meter Repair-W orker I 1. Michael Felton 8. Daniel Petersen 2. Kevin Munson 9. John Kirk 3. John Ungs 10. Jeffrey Weiland 4. Devin Sweeney 11. Dustin Allen 5. Larry Koos 12. Jacob Trierweiler 6. Justin Licht 13. Dave Sowle 7. Nicholas McLaughlin 14. Glenn Burrows 15. Mark Duve Respectfully submitted, Daniel White, Chairperson Civil Service Commission December 15, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Urban Forester was administered via take- home exam. We hereby certify that the indi- viduals listed below have passed this take- home examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Urban Forester 1. Thomas Kramer 2. Barbara Liska 3. Larry Koos 4. William Heiken 5. Jason Dellaert 6. Mark Heiderscheit 7. Drew Funke 8. Ryan Fogt Respectfully submitted, Daniel White, Chairperson Civil Service Commission December 15, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Inspector II was administered via take-home exam. We hereby certify that the individuals listed below have passed this “take-home” examination and the vacancy for this position should be made from this list and that this list will expire on April 26, 2018. Inspector II 1. Jeffrey Zasada 2. Daniel Meneguin 3. Ben Pothoff 4. Michael Simmons 5. Justin Licht 6. Brian Schuster 7. Lee Mau 8. Kevin Kramer 9. Robert Boge Respectfully submitted, Daniel White, Chairperson Civil Service Commission 33. City Council 2015 Official Proceedings: City Clerk submitting the Official City Council Proceedings for 2015. Upon motion the docu- ment was received, filed and approved. 34. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager of Government Relations for Media- com Communications Company, informing the City of rate adjustments being implemented on or about January 3, 2017. Upon motion the documents were received and filed. 35. Alcohol Compliance Civil Penalty for Alcohol License Holder – Casey's General Store #3473: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Casey's General Store #3473, 1072 Cedar Cross Road. Upon motion the documents were received, filed and approved. 36. Tobacco Compliance – Civil Penalty for Tobacco License Holder – Casey's General Store #3473: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Casey's General Store #3473, 1072 Cedar Cross Road. Upon motion the documents were received, filed and approved. 37. 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. 433-16 Approving applications for beer, liquor, and/or wine per- mits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Reg- ulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. Book 146 Regular Session, December 19, 2016 500 RESOLUTION NO. 433-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQ- UOR CONTROL, ARTICLE B LIQUOR, 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 approved; 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 re- quirements 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 author- ized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewal Hy-Vee #2, 2395 NW Arterial, Class E Liquor, Class B Wine, Class C Beer (Sunday) Magoo's Pizza, 1875 University Ave., Special Class C Liquor (Outdoor) (Sunday) Sam's Club, 4440 Asbury Rd., Class E Liquor, Class B Wine, Class C Beer (Sunday) Steve's Ace Home & Garden, 3350 J.F. Ken- nedy Rd., Class B Native Wine (Sunday) The Moracco, 1381 Rockdale Rd., Class C Liquor (Sunday) Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 6-0. 1. Voluntary Annexation - William and Ja- net Siegert - Old Highway Road: City Manager recommending setting a public hearing for January 17, 2017, on the voluntary annexation request of William and Janet Siegert for five acres of property they own located between Old Highway Road and US Highway 20/Dodge Street, submitted concurrently with an applica- tion to rezone the property. Upon motion the documents were received and filed and Reso- lution No. 434-16 Setting a public hearing on an application for voluntary annexation of terri- tory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to com- mence at 6:00 p.m. on January 17, 2017 in the Historic Federal Building. RESOLUTION NO. 434-16 RESOLUTION SETTING A PUBLIC HEAR- ING ON AN APPLICATION FOR VOLUN- TARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the William and Janet Siegert, property owners, for the voluntary annexation of property located be- tween Old Highway Road and US Highway 20/Dodge Street and consisting Part of Lot 3 of Siegert's 2nd Place, City of Dubuque and Dubuque County, Iowa, containing 5.00 acres, which includes 0.48 acres of public road right of way, as shown on Exhibit A and more par- ticularly described on Exhibit B; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad property; and Whereas, the annexation territory does in- clude Dubuque County right-of-way; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution and required notification; and Whereas, the annexation territory is con- sistent with the City’s Comprehensive Plan; and Whereas, the future growth and develop- ment of the City of Dubuque, Iowa makes it desirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the ca- pacity to provide substantial municipal services to the annexation territory; and Whereas, the annexation is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held on the 17th day of January, 2017, at 6:00 p.m. in the His- toric Federal Building Council Chambers (sec- ond floor), 350 West 6th Street, Dubuque, Io- wa, at which time interested persons may ap- pear and be heard for or against the proposed annexation, and the City Clerk be and is here- by directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than ten days prior to the date of such hearing. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Book 146 Regular Session, December 19, 2016 501 BOARDS/COMMISSIONS The City Council reviewed applications to the following Boards and Commissions. Appli- cants were invited to address the City Council regarding their appointment. 1. Housing Code Appeals Board: One, 3- year term through January 11, 2020 (Expiring term of Young). Applicant: David Young, 420 Burch St. 2. Resilient Community Advisory Commis- sion: Nine, 3-year terms through July 1, 2019. Three, 3-year terms through July 1, 2019 (Cross Representation Appointments). Six, 3- year terms through July 1, 2019 (At-Large Ap- pointments). Sara Booth, 2015 Chaney Rd.; Benjamin Darr, 419 Winona St.; Dean Boles, 1715 Geraldine Dr.; Steven Drahozal, 683 W. 11th St.; Stephanie Grutz, 6176 Centura Ct.; Nicholas Huff, 3075 Olde Country Ct.; Robin Kennicker, 2929 Elm St.; Carrie Lohrmann, 1879 Denver Dr. ; Jared McGovern, 755 Chestnut St.; Mike Muench, 2805 Jackson St.; Kate Parks, 486 Clarke Dr.; Sergio Perez, 1325 Cox St.; Laura Roussell, 3224 Bitter- sweet; Rich Russell, 2045 Embassy West Dr.; Paul Schultz, 1008 Victoria St.; Leah Specht, 3248 Bittersweet Ln. Ms. Booth, Mr. Darr, Mr. Boles, Mr. Darhozal, Ms. Grutz, Mr. Huff, Ms. Kennicker, Ms. Lohrmann, Ms. Rousell, Mr. Schultz, and Ms. Specht all spoke in support of their respective appointments and provided brief biographies. Appointments were made to the following Boards/Commissions. 3. Catfish Creek Watershed Management Authority: Two, 4-year terms through July 16, 2020 (Expired terms of Giannakouros and Hoyer). Applicants: Steve Drahozal, 683 W. 11th St.; Neal Patten, 768 Nevada St. Motion by Connors to appoint Mr. Drahozal and Mr. Patten to 4-year terms through July 16, 2020. Seconded by Jones. Motion carried 6-0. 4. Human Rights Commission: One, 3-year term through [corrected term date of January 1, 2020]. (Expiring term of Jackson). Applicant: Miquel Jackson, 2130 Woodland Dr. Motion by Jones to appoint Mr. Jackson to a 3-year term through [January 1, 2020]. Seconded by Lynch. Motion carried 6-0. 5. Mediacom Charitable Foundation: One, 1-year term through December 31, 2017 (Ex- piring term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Ln. Motion by Connors to appoint Ms. Chavenelle to a 1-year term through December 31, 2017. Seconded by Del Toro. Motion carried 6-0. PUBLIC INPUT Carol Copland, 1330 Locust St., speaking on behalf of the Dubuque Landlord Association and the East Central Iowa Association of Real- tors spoke in opposition to a source of income ordinance and presented a citizen petition in opposition to the ban. Tom Priebe, Sr., 14928 Old Highway Rd., and Leisure Services seasonal employee, ex- pressed his concerns about what he believes are unsafe working conditions at the Flora Park maintenance building that may have caused his health issues. Christine Darr, 419 Winona St., spoke in support of a source of income ban. Evelyn Nadeau, 663 Fenelon Pl., spoke support of a source of income ban. Brian Enabnit, 105 So. Grandview Ave. spoke in opposition to a source of income ban. Matthew Zanger, 261 Southgate Dr., spoke in support of a source of income ban. Jan Schmitt, 11898 JFK Rd., addressed the source of income issue and spoke about landlords not offering housing choice vouchers for high-end units and expressed her belief that tenants can only live where they can af- ford to live. Jay Wickham, Dubuque County Supervi- sor, spoke in opposition to Action Item #1 Cen- tral Iowa Water Association Settlement Agreement and Asset Purchase Agreement. ACTION ITEMS 1. Central Iowa Water Association (CIWA) Settlement Agreement and Asset Purchase Agreement: Assistant City Attorney Maureen Quann recommending approval of a Settle- ment Agreement and Asset Purchase Agree- ment with Central Iowa Water Association (CIWA), and the City Manager is recommend- ing the financing strategy. Motion by Jones to receive and file the documents and adopt Resolution No. 436-16 Approving a Settlement Agreement between Central Iowa Water Asso- ciation and the City of Dubuque for water sup- ply, service and territory, and accepting the Deeds to certain real estate in Dubuque Coun- ty, Iowa from Central Iowa Water Association. Seconded by Connors. Ms. Quann provided a presentation on the background information and subsequent negotiations with CIWA. City Manager Van Milligen provided information on financing strategy. Ms. Quann, Mr. Van Milli- gen and Planning Services Manager Laura Carstens responded to questions from the City Council regarding the City’s annexation history Book 146 Regular Session, December 19, 2016 502 and process, growing the city’s population, the potential impact on the Southwest Arterial pro- ject, debt reduction policy and water utility rates. Motion carried 6-0 with Del Toro’s “pre- sent” vote counting on the prevailing side. RESOLUTION NO. 436-16 APPROVING A SETTLEMENT AGREEMENT BETWEEN CENTRAL IOWA WATER AS- SOCIATION AND THE CITY OF DUBUQUE FOR WATER SUPPLY, SERVICE AND TER- RITORY, AND ACCEPTING THE DEEDS TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM CENTRAL IOWA WATER ASSOCIATION Whereas Iowa Regional Utilities Associa- tion (doing business as Central Iowa Water Association and hereinafter called “CIWA”) is a member governed Iowa nonprofit corporation with its principal offices at 1351 Iowa Speed- way Drive, Newton, Iowa 50208; and Whereas the City of Dubuque, Iowa, here- inafter called “City” or “the City” is an Iowa municipal corporation with its principal offices at 50 West 13th Street, Dubuque, Iowa 52001; and Whereas disputes arose between the City and CIWA regarding each party’s right to serve certain areas within two miles of the City, which disputes have resulted in litigation pend- ing in the Iowa District Court for Jasper County as City of Dubuque v. Iowa Association of Re- gional Utilities, Case No. CV 119397 and in the United States District Court for the North- ern District of Iowa as Central Iowa Water As- sociation v. City of Dubuque, Case No. 2:15- CV-01017-LRR (collectively the “Litigation”); and Whereas in an effort to avoid further ex- pense and the uncertainty of the Litigation, the Parties have reached a settlement that re- solves their disputes and the Litigation and the Parties desire to memorialize the terms and conditions thereof in the attached Agreement; and Whereas the Agreement includes a provi- sion for the purchase of certain real property in Dubuque County, Iowa, legally described as follows: Lot Eight (8) of Block Two (2) of “Barring- ton Lakes No. 2 at Dubuque, Iowa” in Sections 5, 6 & 7, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the recorded plats thereof, subject to easements and restrictions of record and Lot One (1) of Lot One (1) of the SE ¼ of the NW ¼ of Section 13, Township 88 North, Range 1 East of the 5th P.M., ac- cording to the United States Government Survey and the recorded plats thereof, subject to easements of record; and Whereas the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Settlement Agreement is approved on behalf of the City of Dubuque. The Mayor and City Clerk are authorized to execute the Settlement Agreement. Section 2. The City Manager, City Attor- ney, and the City’s legal counsel are hereby authorized to take all necessary actions to execute the Settlement Agreement. Section 3. The City of Dubuque, Iowa, hereby accepts the Deeds from Central Iowa Water Association, a copy of which is attached hereto. Section 4. The City Clerk is hereby author- ized and directed to record this Resolution and the Deeds with the Dubuque County Recorder. Passed, approved and adopted this 19th day of December, 2016 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Declaration of Official Intent to Reim- burse Expenses - Fiscal Year 2016 Water Pro- jects: City Manager recommending approval of the Declaration of Official Intent Resolution for the acquisition of Central Iowa Water Associa- tion water system, construction of English Mill Pump Station, and water main extension and improvements. Motion by Connors to receive and file the documents and adopt Resolution No. 437-16 Declaring an Official Intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expendi- tures paid in connection with the Fiscal Year 2017 Water Projects. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 437-16 DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO IS- SUE DEBT TO REIMBURSE THE City FOR CERTAIN ORIGINAL EXPENDITURES PAID IN CONNECTION WITH THE FISCAL YEAR 2017 WATER PROJECTS Whereas, the City anticipates making cash expenditures for capital improvement projects generally described as Acquisition of a Rural Water System, Construction of English Mill Pump Station, and Water Main Extension and Improvements along English Mill Road, North Cascade Road and Highway 20 (hereinafter referred to as the "Projects"); and Whereas, the City reasonably expects to issue debt to reimburse the costs of the Pro- jects; and Whereas, the Council believes it is con- sistent with the City's budgetary and financial circumstances to issue this declaration of offi- cial intent. Book 146 Regular Session, December 19, 2016 503 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2. Section 2. That it is reasonably expected that capital expenditures will be made in re- spect of the Projects, from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstanc- es then and there existing, and this Council reasonably expects to reimburse all or a por- tion of such expenditures with the proceeds of bonds, notes or other indebtedness to be is- sued or incurred by the City in the future. Section 3. That the total estimated costs of the Projects, the maximum principal amount of the bonds, notes or other indebtedness to be issued for the foregoing Projects and the esti- mated date of completion of the Projects is reasonably expected to be as follows: Project, Funds from which Original ex- penditures are to be Advanced, Total Esti- mated Cost, Amount of Borrowing Antici- pated, Estimated Date of Completion Acquisition of Rural Water System, Water Fund, $6,400,000, $6,400,000, December 2017 Construction of English Mill Pump Station, Water Fund, $1,050,000, $1,050,000, June 2018 Water Main Extension & Improvements, Water Fund, $3,346,500, $3,346,500, June 2018 Section 4. That the City reasonably ex- pects to reimburse the above-mentioned Pro- ject costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service. Section 5. That this Resolution be main- tained by the City Clerk and available at all times for public inspection, subject to such revisions as may be necessary. Passed and approved this 19th day of De- cember, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Greater Dubuque Development Corpo- ration - Quarterly Update: President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque De- velopment Corporation. Topics included: Recognition by Mid-America Economic Devel- opment Council as the Best of the Best in business retention and expansion, workforce solutions program, and the Deal of the Year in a 10-state region for the recent solar array development in collaboration with the City of Dubuque, Alliant Energy, and A.Y. McDonald Corporation. Mr. Dickinson announced the funding campaign kickoff in March 2017 for operating funding of GDDC programs for 2017-2022. Motion by Lynch tor receive and file the information. Seconded by Jones. Mo- tion carried 6-0. 4. Five Flags Civic Center Quarterly Re- port: SMG Regional General Manager HR Cook presented the quarterly report on the Five Flags Civic Center. Topics included Fiscal Year 2017 operating expenses and operating revenue, notable events, new website launch with links to partnering organizations, and capital initiatives. Motion by Connors to re- ceive and file the documents. Responding to questions from the City Council, Mr. Cook ex- plained the types of events causing the in- crease in revenue, and City Manager Van Mil- ligen stated that Five Flags is already on the list for use as an emergency shelter. Second- ed by Jones. Motion carried 6-0. 5. Final Plat of Timber-Hyrst Estates #5: City Manager recommending approval of the Final Plat of Timber-Hyrst Estates #5. Motion by Jones to receive and file the documents and adopt Resolution No. 435-16 Approving the Final Plat of Timber-Hyrst Estate #5 in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 435-16 APPROVING THE FINAL PLAT OF TIMBER- HYRST ESTATES #5 IN THE CITY OF DUBUQUE, IOWA Whereas, North Cascade Road Develop- ers, LLC, as owners, have filed with the City Clerk the Final Plat of Timber-Hyrst Estates #5 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears streets to be known as Cherry Ridge Court (Lot O) and South Bend Circle (Lot P), togeth- er with certain public utility, access, storm sewer, storm drainage, sanitary sewer and water main easements, which North Cascade Road Developers, LLC by said final plat have dedicated to the public forever; and Whereas, said Final Plat has been exam- ined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat has been exam- ined by the City Council and they find that it conforms to the statutes and ordinances relat- ing to it, except that no streets or public utilities have yet been constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Cherry Ridge Court (Lot O) and South Bend Circle (Lot P), together with the easements for public Book 146 Regular Session, December 19, 2016 504 utilities, access, storm sewer, storm drainage, sanitary sewer and water main, as they appear upon said final plat, be and the same are hereby accepted. Section 2. That the Final Plat of Timber- Hyrst Estates #5 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat, provided the North Cascade Road Developers, LLC execute their written acceptance hereto attached agreeing: a. To reduce Cherry Ridge Court (Lot O) and South Bend Circle (Lot P) to grade and construct longitudinal sub- drain, concrete curb and gutter, with asphaltic concrete pavement, or Port- land Cement concrete pavement with integral curb, all in accordance with the City of Dubuque standard specifica- tions, all in a manner acceptable to the City Engineer, in conformance with construction improvement plans ap- proved by the City Engineer, and in- spected and approved by the City En- gineer. b. To install sanitary sewer main and sewer service laterals into each in- dividual lot, water main and water ser- vice laterals into each individual lot, storm sewers and catch basins, boule- vard street lighting, fiber optic conduit and vaults, and erosion control devices all in accordance with the City of Dubu- que standard specifications, all in a manner acceptable to the City Engi- neer, and in accordance with construc- tion improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. c. To construct accessible sidewalk ramps at the intersection of South Bend Circle and Cherry Ridge Court in ac- cordance with the City of Dubuque standard specifications, all in a manner acceptable to the City Engineer, and in accordance with construction improve- ment plans approved by the City Engi- neer, and inspected and approved by the City Engineer. d. To construct the improvements outlined in (a) and (b) and (c) within two (2) years from the date of acceptance of this resolution, at the sole expense of North Cascade Road Developers, LLC, or future owner; e. To maintain the improvements outlined in (a) and (b) and (c), for a pe- riod of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubu- que, Iowa, at the sole expense of North Cascade Road Developers, LLC, or fu- ture owner; f. To provide security for the per- formance of the foregoing conditions specified in this Section in such form and with such sureties as may be ac- ceptable to the City Manager of the City of Dubuque, Iowa. Section 3. Sidewalk installation shall be the responsibility of each lot owner abutting the public rights-of-way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair) and 16-11-16 (Sidewalks). Section 4. That the planting of street trees shall be coordinated with the City Forester. Trees planted within the street right-of-way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer’s expense. Section 5. That the final acceptance of all public improvements shall only occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the ap- proved improvement plans and City standard specifications and accepted by City Council Resolution. Section 6. That in the event North Cascade Road Developers, LLC fails to execute the acceptance and furnish the guarantees pro- vided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedi- cation and approval of the plat shall not be effective. Passed, approved and adopted this 19th day of December, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 435-16 I, the undersigned, Marty McNamer, repre- senting North Cascade Road Developers, LLC, having read the terms and conditions of the Resolution No. 435-16 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this ______ day of _______________________, 2016. /s/Marty McNamer North Cascade Road Developers, LLC 6. Request for Work Session - Dubuque Area Convention and Visitors Bureau: Dubu- que Area Convention & Visitors Bureau Presi- dent & CEO Keith Rahe requesting the City Council schedule the CVB budget work ses- sion for February 6, 2017, at 5:30 p.m. Motion by Jones to receive and file the documents Book 146 Regular Session, December 19, 2016 505 and set the work session as requested. Se- conded by Connors. Motion carried 6-0. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:46 p.m. to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Seconded by Con- nors. Motion carried 6-0. Upon motion, the City Council reconvened in open session at 9:18 p.m. stating that staff had been given proper direction. There being no further business, upon mo- tion the City Council adjourned at 9:19 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk Book 146 Regular Session, December 19, 2016 506