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8 18 14 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on August 18, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors (joined at 6:05 p.m.), Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Braig. Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a Quarterly Sustainable Dubuque work session. WORK SESSION Sustainable Dubuque Project Sustainable Community Coordinator Cori Burbach introduced presenters Purchasing Coordinator Tony Breitbach and Public Works Director Don Vogt. Ms. Burbach provided background on the movement from Sustainable Dubuque to the Smarter Sustainable Dubuque Program. Discussion points included: • ISO 14001 Environmental & Sustainability Management Systems ESMS) and Standards o Municipal Services Center pilot example • Environmental impacts • Creating a strategic plan • Aspects & objectives • Objectives & targets • Energy management • Storm water management • Small container management • De-icer management • Fuel management • ESMS Value o Triple Bottom Line • Impact: energy reduction • Small container management • Storm water management • De-icer material management • Fuel management • Next steps & future opportunities • Dubuque Metropolitan Area Solid Waste Agency o Solid Waste Environmental Management System • Legislative Establishment of Program 1 • Six Components of Emphasis • Yard Waste Management • Hazardous household materials management • Water quality improvement • Greenhouse gas reduction • Recycling services • Environmental education o Application of elements to components o DMASWA Environmental Management Policy o DMASWA EMS Core Team o EMS Projects, in -progress, and other accomplishments There being no further business, upon motion the City Council adjourned at 6:03 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 2 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 18, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Braig 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) United Way Campaign Time (2014-2015) was accepted by Dr. Wee of NICC; Welcome Students Week (August 18-22, 2014) was accepted by Sarah Harris of Greater Dubuque Development Corp. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 6-0. 1. Minutes and Reports Submitted: City Council Proceedings 8/4, Civic Center 7/28 and 8/4, Dubuque County Emergency Management 5/6, Historic Preservation 7/17, Li- brary Board 6/19, Parks and Recreation 7/8, Zoning Advisory 8/6, Zoning Board of Ad- justments 7/24, Proof -City Council Proceedings 7/21, Proof -List of Claims Summary of Revenue 6/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Rose Barton for property damage, Linda Lasoya for property damage, Jeremy and Margaret Pergande for vehicle damage, Lawrence Vize for property damage, Tim Wittstock for property damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Rose Barton for property damage and Jeremy Pergande for vehicle dam- age. Upon motion the documents were received, filed and concurred. 3 4. Collective Bargaining Agreement Amendment - Operating Engineers: City Manag- er recommending approval of an Amendment to the Collective Bargaining Agreement with the International Union of Operating Engineers, Local #234. Upon motion the doc- uments were received, filed and approved. 5. SRF Sponsorship Project Application for Catfish Creek: City Manager recommend- ing authorization to submit a $2,400,000 Clean Water State Revolving Fund Sponsor- ship Project application to the Iowa Department of Natural Resources in order to secure funding for the Catfish Creek Watershed Enhancement Project. Upon motion the docu- ments were received and filed and Resolution No. 243-14 Authorization to Submit A Clean Water SRF Sponsorship Program Application to Provide Funding for the Catfish Creek Watershed Enhancement Project was adopted. RESOLUTION NO. 243-14 AUTHORIZATION TO SUBMIT A CLEAN WATER SRF SPONSORSHIP PROGRAM APPLICATION TO PROVIDE FUNDING FOR THE CATFISH CREEK WATERSHED ENHANCEMENT PROJECT Whereas, legislation was passed during the 2009 Iowa General Assembly session to create the Clean Water State Revolving Fund Sponsorship Project program, which is designed to provide communities with the ability to fund two water projects for the cost of one; and Whereas, the City of Dubuque submitted an Intended Use Plan to the Clean Water State Revolving Fund in the amount of $28,823,000 for the Upper Bee Branch Creek Restoration Project that was approved by the Department of Natural Resources and the Iowa Finance Authority in December 2013, which qualifies the City to apply for the Clean Water SRF Sponsorship Project program; and Whereas, the Catfish Creek Watershed Enhancement Project will include the con- struction of $2.4 million in improvements to help improve water quality and reduce flood- ing events in the watershed; and Whereas, the City of Dubuque has prepared an application seeking $2.4 million for the Catfish Creek Watershed Enhancement Project through the Clean Water State Re- volving Fund Sponsorship Project program; and Whereas, if approved, the City would receive an interest rate reduction of $2.4 million so that the citizens of Dubuque would not pay any more than they would for the ap- proved loan for the Upper Bee Branch Creek Restoration Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the City Manager or his designee is hereby authorized to submit a Clean Water SRF Sponsorship application to sponsor and fund the Catfish Creek Watershed En- hancement Project. Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Signed Contracts: IIW Engineers and Surveyors for Amendment No. 1 to design services for the English Mill Road Water Main Extension and Pumping Facility project. Upon motion the documents were received and filed. 4 7. Pre -Annexation Agreement - Royal Oaks: City Manager recommending approval of a Pre -Annexation Agreement with Royal Oaks Development Corporation and authori- zation for the Mayor to sign the agreement on behalf of the City of Dubuque. Upon mo- tion the documents were received and filed and Resolution No. 244-14 Approving A Pre -Annexation Agreement Between the City Of Dubuque, Iowa and Royal Oaks De- velopment Corporation was adopted. RESOLUTION NO. 244-14 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THECITYOF DUBU- QUE, IOWA AND ROYAL OAKS DEVELOPMENT CORPORATION Whereas, Royal Oaks Development Corporation is the owner of the following de- scribed property in Dubuque County, Iowa (the Property) and have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: All of Lot A and Lots 31 thru 42, inclusive, in Silver Oaks Estates Subdivision, Dubuque County, Iowa and Lot 2 of Walter Metcalf Place, in Section 23, T88N, R2E of the 5th P.M. in Dubuque County, Iowa.; and Whereas, Royal Oaks Development Corporation 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 authorizes 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 orderly 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 Royal Oaks Development Corporation and the City of Dubuque is hereby approved. Passed, approved and adopted this 18th day of August 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Civil Service Commission: Civil Service Commission submitting the Certified Lists for the positions of Assistant Horticulturist, Maintenance Worker, Stock Clerk, and Truck Driver. Upon motion the documents were received, filed and made a Matter of Record. 5 July 28, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Assistant Horticulturist was administered on July 16, 2014. 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. Assistant Horticulturist 1 James Bowden 2 John Millman 3 Corey Goedken 4 James Sparrgrove 5 Mark Meyer 6 Joel Leach 7 Marrhew Burrows 8 David Merlin 9 Dawn March 10 Dan Molokken Respectfully submitted, /s/Dan White, Chairman Civil Service Commission July 28, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Maintenance Worker was administered on July 9, 2014. We hereby certify that the individuals listed below have passed this written promotional 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. Maintenance Worker 1 Steven Gerardy 2 Jerome Ben 3 Day Hanson 4 Richard Zeller 5 Lucas Gonyier 6 Mark Meyer 7 Jayson Freiburger 8 Randall Sertle 9 James Smith 10 Terry Leibold 6 Respectfully submitted, /s/Dan White, Chairman Civil Service Commission July 28, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Stock Clerk was administered on June 17, 2014. 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. Stock Clerk 1 Clay Haan 14 Mary Waller 27 Adam Muir 2 William Schmidt 15 Daniel Arrington 28 Cheryl Pregler 3 Cindy Wilharm 16 Michael Gotto 29 Lisa Wadkowski 4 Matt Merz 17 Matthew Hantelmann 30 Christopher Collins 5 John Riesing 18 Andrea Parrett 31 Ashley Pottebaum 6 Julie Roling 19 Kevin DeMoss 32 Arnold Nickolas 7 Eric Stewart 20 Cynthia Oberfoell 33 Larry Hoppman 8 Randall Ludowitz 21 Christine Selchert 34 Peter Zolecki 9 Edward Pickel 22 Teresa Behnke 35 Thomas Bechen 10 Daniel Neyens 23 Catherine Chrest 36 Rifat Sufi 11 Brett Sommers 24 Lowell Davis 37 Olivia Heiken 12 Randall Lester 25 Debra Searles 38 Lynn McCormick 13 Jayne Puls 26 Katherine Armbrecht 39 Martha Mills 40 Jessica Severson Respectfully submitted, /s/Dan White, Chairman Civil Service Commission July 28, 2014 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Truck Driver was administered on July 1, 2014. 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. Truck Driver 1 Tim Neuhaus 15 Brian Kass 30 Jacob Trierweiler 2 Houston Haggerty 16 Brian Kelly 31 Jeremy McGraw 3 Josh Heiderscheit 17 Jayson Freiburger 32 Derick DeMoss 4 Nathan Miller 18 Martin Denlinger 33 Troy Lampers 5 Brian Wulfekuhl 19 Terry Dunkel 34 David Smith 6 Dave Hanson 20 Steven Thul 35 Jordan Krapfl 7 Steven Hubbard 21 Earl Clemen 36 Michael Pottebaum 8 Douglas Kuehn 22 Timothy Kahle 37 John Sitzman 9 Timothy Lawler 23 James Schemmel 38 Shawn Thomas, Jr. 10 James Sparrgrove 24 George Flanagan, Jr. 39 Augie Garrigus 11 Matthew Cooper 25 Michael Simmons 40 Ty Hickie 12 Jason Eudaley 26 Daniel Sister 41 Martin Kearney 13 Corey Leach 27 Paul Bartlett 42 Christopher Lahey 7 14 Steve Haggerty 28 Jason DeMaio 29 Neil Scott 43 Gary Liska 44 Wayne Reinert Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 9. Environmental/Brownfield Consultant Selection: City Manager recommending en- tering into a contract negotiation with HR Green with an anticipated range of $500,000 to $530,000, once a final scope of work has been negotiated. Upon motion the docu- ments were received, filed and approved. 10. Improvement Contracts and Maintenance Bonds: Visu-Sewer, Inc. for the FY15 CIPP Sewer Lining Project. Upon motion the documents were received, filed and ap- proved. 11. Code of Ordinances - Adoption of Supplement No. 15: City Clerk recommending adoption of Supplement No. 15 to the City of Dubuque Code of Ordinances, which codi- fies Ordinance Nos. 16-14 through 22-14, 25-14 through 29-14, 31-14, 32-14, 33-14, 35-14, 36-14, 37-14 and code change as adopted by the City Council and enacted through June 16, 2014. Upon motion the documents were received and filed and Reso- lution No. 245-14 Adopting Supplement No. 15 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 245-14 ADOPTING SUPPLEMENT NO. 15 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 entire- ty; 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 Iowa provides that supplements, by resolu- tion, 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. 15 of the Code of Ordinances of the City of Dubu- que, Iowa, covering Ordinances 16-14 through 22-14, 25-14 through 29-14, 31-14, 32- 14, 33-14, 35-14, 36-14, 37-14 and code change passed by Council and enacted through June 2, 2014, 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 18th day of August, 2014. Attest: Kevin S. Firnstahl, City Clerk 8 Roy D. Buol, Mayor 12. Subdivision Improvements in Timber Hyrst Estates No. 3: City Manager recom- mending acceptance of the public improvements that the developers, North Cascade Road Developers, LLC, have recently completed in Timber-Hyrst Estates No. 3. Upon motion the documents were received and filed and Resolution No. 246-14 Accepting Public Improvements in Timber-Hyrst Estates No. 3 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 246-14 ACCEPTING PUBLIC IMPROVEMENTS IN TIMBER-HYRST ESTATES NO. 3 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 343-12, certain public improvements including street paving with curb, storm sewer and catch basins, sanitary sewer, watermain, and street lighting were installed by the developer of Timber-Hyrst Estates No. 3 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 accordance with the plans approved by the City Council 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 Timber Hyrst Estates No. 3 be and the same is hereby accept- ed. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, North Cascade Road Developers, LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Iowa Department of Transportation - Transfer of Jurisdiction for 9th -11th Streets One -Way to Two -Way Conversion: City Manager recommending authorization for the Mayor to execute the Transfer of Jurisdiction Agreement with the Iowa Department of Transportation. Upon motion the documents were received and filed and Resolution No. 247-14 Approving the Iowa Department of Transportation Agreement (Agreement No. 2014 -TJ -006) for the Transfer of Jurisdiction of Public Road for the 9th and 11th Streets One -Way to Two -Way Conversion Project was adopted. RESOLUTION NO. 247-14 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT (AGREEMENT NO. 2014 -TJ -006) FOR THE TRANSFER OF JURISDICTION OF PUBLIC ROAD FOR THE 9TH AND 11TH STREETS ONE-WAY TO TWO-WAY CON- VERSION PROJECT Whereas, the City of Dubuque (City) is proceeding with the 9th and 11th Street One- way to Two-way conversion Project; and 9 Whereas, in accordance with the provisions of Iowa Code Sections 313.2 and / or 306.42, the Iowa Department of Transportation (State) and the City hereby agree to transfer jurisdiction of the following public road segment(s), including all structures and right-of-way currently under the jurisdiction of the State: That portion of U.S. 52 (11th Street) that carries traffic between White Street and the southbound off -ramp of U.S. 61/151 from centerline to south edge of traveled way for approximately 1600 feet. That portion of Pine Street that carries traffic between 9th Street and 11th Street from centerline west edge of traveled way for approximately 750 feet. That portion of U.S. 52 (9th Street) that carries traffic between Pine Street and the U.S. 61/151 northbound off -ramp from centerline to north edge of traveled way for approximately 100 feet. That portion of U.S. 52 (9th Street) that carries traffic between White Street and Central Avenue from centerline to north edge of traveled way for approximately 250 feet. That portion of US 61/151 east bound off -ramp (Ramp 3000) which extends ap- proximately 250 feet north of US 52 (9th Street); and Whereas, the State requests the City transfer to the following public road segment(s), including all structures and right-of-way currently under the jurisdiction of the City: That portion of White Street between 9th Street and 11th Street which will carry northbound U.S. 52 traffic in both lanes; for a total length of approximately 600 feet; and Whereas, the City and the State have inspected the public road segment(s) de- scribed in said Agreement and agree to accept their respective road segments in its (their) present condition; and Whereas, these transfers being mutually beneficial to the State and the City; and the transferred road segments being considered in an equal state of repair; the State and City shall transfer no funds for repairs to any of the road segments; and Whereas, these transfers being mutually beneficial to the State and the City; and the transferred road segments being considered in an equal state of repair; the State and City shall not be required to perform any repairs to any of the road segments; and Whereas, the State and City agree to accept the road segment(s) described in this Agreement into its (their) road system(s) and maintain them in accordance with all ap- plicable laws, regulations, and administrative rules. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa Department of Transportation Agreement for Transfer of Public Road Jurisdiction (Agreement 2014 -TJ -006) between the City of Dubuque and the State be hereby approved for the 9th and 11th Streets One-way to Two-way Conver- sion Project. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa Department of Transportation Transfer of Public Road Jurisdiction (Agreement 2014 -TJ - 006) for the 9th and 11th Street One-way to Two-way Conversion Project. Passed, approved and adopted this 18th day of August, 2014. Attest: Kevin S. Firnstahl, City Clerk 10 Roy D. Buol, Mayor 14. SB Development, LLC Agreement: City Attorney Barry Lindahl recommending the accepting of the Quit Claim Deed to the Blum property on 16th Street from SB Develop- ment, LLC. Upon motion the documents were received and filed and Resolution No. 248-14 Accepting the Quit Claim Deed to Certain Real Estate in Dubuque County, Iowa From SB Development, LLC, was adopted. RESOLUTION NO. 248-14 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO- WA FROM SB DEVELOPMENT, LLC Whereas, SB Development, LLC (SB) has entered into a Right of First Refusal Agreement (the ROFR) with Blum Properties, Inc. (Blum), dated March 31, 2006, rec- orded July 17, 2006, Instrument No. 2006-10777, records of the Dubuque County Re- corder, for the real estate described in Exhibit "A"; and Whereas, the City of Dubuque, Iowa (City) has entered into purchase agreements with Blum for real estate which is the subject of the ROFR, described in Exhibit "A" (the ROFR Real Estate); and Whereas, SB and City have entered into an agreement (the ROFR Agreement) dated July 22, 2014, pursuant to which SB has agreed to relinquish all right, title and interest in and to the ROFR Real Estate; and Whereas, the terms of the ROFR 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 hereby accepts the Quit Claim from SB Development, LLC attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Quit Claim Deed with the Dubuque County Recorder. Passed, approved and adopted this 18m day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk EXHIBIT A ROFR REAL ESTATE LEGAL DESCRIPTION OF PROERTY SUBJECT TO RIGHT OF FIRST REFUSAL AGREEMENT BY AND BETWEEN BLUM PROPERTIES, INC., AS SELLER, AND SB DEVELOPMENT, LLC AS BUYER, DATED ON OR ABOUT MARCH 31, 2006 Lots 182, 182-A, 183, 184, 185, 186 and the Westerly 65 feet of Lots 217, 218, 219, 220 and 221 in East Dubuque Addition, City of Dubuque, Iowa; and Lot 256, and the S. 15 feet of Lot 255, in East Dubuque Addition #2 City of Dubuque, Iowa; and The North 35 feet of Lot 255 in East Dubuque No. 2 in the City of Dubuque, Iowa according to the recorded plat thereof; and The east 35 feet of Lot 217, 218, 219, 220 and 221 in East Dubuque, a subdivision of the City of Dubuque, Iowa, subject to reservations of record, and subject to the res- ervation of a perpetual easement to Interstate Power Company, its successors and as- signs, for existing poles, crossarms, down guys, anchors, wires and associated elec- trical facilities on, over and across the property described and the further right to re- construct or remove said facilities on said property, to cut down, trim or control the 11 growth of trees or brush which might interfere with the operation of said facilities, and the right of access to said property for purposes therein stated. 15. Iowa Economic Development Authority (IEDA) Solar Ready Iowa Award: City Manager recommending acceptance of an Iowa Economic Development Authority (IE - DA) Solar Ready award. Upon motion the document was received, filed and approved. 16. Financial Advisor Selection: City Manager recommending approval of Independ- ent Public Advisors for financial advisor services for City of Dubuque in connection with issuing bonds for future projects, bond refundings, and debt capacity, debt structuring and cashflow analysis. Upon motion the documents were received, filed and approved. 17. Delinquent Weed, Junk, and Garbage Collection Accounts: City Manager rec- ommending the levy of special assessments for first and second quarters of 2014 for the Weed /Junk /Garbage Enforcement Programs. Upon motion the documents were received and filed and Resolution No. 249-14 Adopting the Schedule of Assessments for 2014 and Directing the City Clerk to Certify the Schedule of Assessments to the County Treasurer and to Publish Notice Thereof was adopted. RESOLUTION NO. 249-14 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 2014 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 Schedule of Assessments attached hereto for weed/grass cutting and junk/garbage removal tax assessments which Schedule of As- sessments was filed in the office of the City Clerk on the 15th day of August, 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 directed 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 publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication 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 Of- fice, 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 Coun- ty Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Io- wa, 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. 12 Passed, approved and adopted this 18th day of August, 2014 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk SCHEDULE OF ASSESSMENTS WEED/JUNK/GARBAGE ENFORCEMENT PROGRAMS Property Address, Owner, Parcel, Legal Description, Date, Expense, Admin. Fee, Activity Garfield Ave, 928, Terry & Ruth Montgomery, PO Box 762, Dubuque, IA 52004-0762, 1118355002, Lot 40 Mc Craney's 2nd Add, 7/19/2013, $325.00, $0 *per MRC, 56162 Valeria St, 303, Dawn Mayne, 303 Valeria St, Dubuque, IA 52001, 1024128004, Lot 2-1-2-130 L H Langs Add & Lot 2-2-33 Tivoli Add, 11/12/2013, $258.00, $25.00, 62064 Elm St, 2721, Travis Kaiser & Kendra Chapman, 2721 Elm St, Dubuque, IA 52001, 1013182023, S 1/2 of Lot 191 Glendale Add, 2/27/2014, $68.00, $25.00, 65527 Davenport St, 2815, Anthony Petty, 2815 Davenport St, Dubuque, IA 52001, 1014430002, Lot 16 Mc Daniel's Park Hill, 2/27/2014, $52.00, $25.00, 65285 Balke St, 2790, Hollie O'Neal, 2790 Balke, Dubuque, IA 52001, 1013188001, Lot 13 Belmont Add, 5/29/2014, $140.00, $25.00, 68815 Hoyt St, 2240, Timothy Schulte, 2240 Hoyt, Dubuque IA 52001, 1023327001, LOT 1- 3 PFOHLS SUB, 5/29/2014, $84.00, $25.00, 68743 Lot next to Kaufmann Ave, 1485, Robert & Dorothy Gibbs, 2500 Corto Dr., Dubuque, IA 52001, 1014357001, Lot 2 Conrad PI, 6/5/2014, $65.00, $25.00, 69010 Olde Country Ln, 2901, Craig D & Gretchen C Nordenson, 2901 Olde Country Ln, Dubuque, IA 52001, 1015302002, Lot 2 Blk 3 Highland, 6/12/2014, $84.00, $25.00, 68912 Lowell, 895, Bruce Bisping, 895 Lowell St, Dubuque, IA 52001, 1023235009, S 50' of Lots 22 & 23 Busemans Sub #1, 6/19/2014, $163.38, $25.00, 69348 18. Delinquent Garbage Collection Accounts: City Manager recommending authoriz- ing the City to certify garbage collection charges 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. 250-14 Authorizing the City to Collect Delinquent Garbage Collection Charges In Accordance With Title 6-6-3C2O; Ti- tle 6-6- 4B3 & Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 250-14 AUTHORIZING THE CITY TO COLLECT DELINQUENT 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 wel- fare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "pal- pably and indisputably such" exists which requires immediate action to protect the pub- lic health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and 13 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 attached Garbage Assessment Schedule are delinquent in the payment of garbage collection 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 Garbage 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 par- cels of property set opposite the names of the owners. Passed, approved and adopted this 18th day of August, 2014. Roy D Buol, Mayor Attest: Kevin S Firnstahl, City Clerk SCHEDULE OF ASSESSMENTS DELINQUENT GARBAGE COLLECTION CHARGES Location, Owner, Parcel #, Amount, Category 1091 Center Place, N 32' OF LOT 6 NEWBURGHS SUB, B & W Properties L C 965 Hiawatha Dr. East Dubuque IL 61025, 1025102002, $65.00, garbage 3203 Jackson, LOT 1 LINEHAN PARK ADD, Judge Real Estate LLC 605 Bluff St. Dubuque IA 52001, 1014229016, $70.00, garbage 2283 White, E 1/2-N 1/4 -LOT 16P; & E 1/2- S 1/2 -LOT 18 L H LANGWORTHY'S ADD, Dohanich, Michael D 2283 White St. Dubuque IA 52001, 1 0241 3001 3, $203.08, garbage 1124 Locust, M 1/5 OF S 2/5 OF CITY LOT 478, BM Properties LLC PO Box 61 Dubuque IA 52004-0061, 1024454005, $100.00, garbage 1358 Locust, N 1/2 OF M 1/5 OF CITY LOT 476, Husemann, Larry H & Brenda A 18491 W Michelle CT East Dubuque IL 61025-9403, 1024100002, $85.00, garbage 554 W 8th, N 100' OF W 15' OF LOT 49, N 100' OF E1TOF LOT 50 & NORTH 100' OF W33' OF LOT 50 ALL INCORIELL'S DUBUQUE, Pnc LLC 8505 Southern Hills Dubuque IA 52003, 1025134021, $165.00, garbage 410 Kaufmann, LOT 9 & LOT 1-10 OF LOTS 138, 140, & 142 OF L H LANGWOR- THY'S ADD, Spicer, Lynn A 2205 Aspen Dr. Dubuque IA 52001, 1024106001, $90.00, garbage 793 Clarke, S 125' OF LOTS 17 & 18 LITTLETON & SAWYERS ADD, Lester, Doro- thy L 802 Goethe St. Dubuque IA 52001, 1023277017, $65.00, garbage 25 W 15th, LOT 1 OF WINNER PLACE, Empress Enterprises LLC 199 New Mont- gomery St #706 San Francisco CA 94105, 1024403017, $154.00, garbage 1504 Iowa, S 20'-S 47'-W 1/2-S 2/5 OF CITY LOT 454, JK Investments LLC 9120 Long Tail Ln Dubuque IA 52003, 1024403007, $50.00, 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 Performance Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1024403009, $70.00, garbage 1592 Iowa, S 1/2 OF N 1/5 OF CITY LOT 454, High Performance LLC 8505 Southern Hills Court Dubuque IA 52003, 1024403002, $60.00, garbage 14 19. Delinquent Grass and Weed Cutting and Garbage Collection Accounts: City Manager recommending authorizing the City to certify grass and weed cutting and gar- bage collection charges 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. 251-14 Authorizing the City to Collect Delinquent Grass and Weed Cutting and 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, Io- wa, was adopted. RESOLUTION NO. 251-14 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUT- TING AND 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 wel- fare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "pal- pably and indisputably such" exists which requires immediate action to protect the pub- lic health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and 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 attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and 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 Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respec- tive 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 18th day of August, 2014. Roy D Buol, Mayor Attest: Kevin S Firnstahl, City Clerk SCHEDULE OF ASSESSMENTS Location, Owner, Parcel #, Amount, Category 2155 N Main, LOT 1-38 MARSH'S ADD, Chris Gockel 2155 N Main Street Dubuque IA 520011, 1024132005, $53.00, garbage 733 Rose, E 619"-3 AND LOT 4 CUMMINS SUB 733-735 ROSE, Fitzgerald, Kyle G 10064 Rio Vista Dr. Dubuque IA 52001, 1024355005, $53.00, grass 1552 Locust, S 207"-S 41'2"-M 1/5 OF CITY LOT 474, Manning, Timothy K 1552 Lo - 15 cust St. Dubuque IA 52001, 1024336005, $104.81, garbage 1916 Grace, LOT 6 GRIGGS SUB "SAME AS W 35' LOT 6 BECAUSE LOT 6 IS 35' WIDE & E 9'10" LOT 5 GRIGGS SUB1914-1916 GRACE, Mason Properties LLC 1726 Overview CT Dubuque IA 52003, 1026181011, $105.00, garbage 232 Cardiff, LOT 1-9 CITY LOT 724, Schellenberg Iowa Holdings LLC PO Box 2413 Wilsonville OR 97070, 1025186004, $110.00, garbage 2407 Stafford, LOTS 4 & 5 KLINGENBERGS SUB 2407-2409, Gerner, Laura A 1770 Garfield Ave. Dubuque IA 52001, 1013454037, $1,225.00, grass, weeds and garbage 2283 White, E 1/2-N 1/4-LOT 16P; & E 1/2- S 1/2-LOT 18 L H LANGWORTHY'S ADD, Dohanich, Michael D 2283 White St.Dubuque IA 52001, 1024130013, $1,040.64, garbage 695 Kane, LOT 2-1-2 YOUNG PRIMROSE PLACE, Welter, Jeffrey J 4060 Peru Rd Dubuque IA 52001, 1014433014, $730.00, grass 2008 Foye, E 24' OF LOT 22 COX'S ADD, Rans, Jesse J 125 Kayle Dr. Manchester IA 52057, 1024177022, $890.00, grass 845 W Locust, LOT 8 WM BLAKES ADD, Data, Cory 2105 Windsor Ave. Dubuque IA 52001, 1023278041, $913.00, grass 765 Alpine, LOT 11 BRADSTREET DUB, BM Properties LLC 8110 Southern Hills Cir Dubuque IA 52003-8984, 1025105025, $178.00, garbage 1661 Lawndale, LOT 7 & N 2'6" OF LOT 6 VOELKERS- HIGHLAND, Hefei, Frank J 1289 West 5th St. Dubuque IA 52001, 1023407024, $914.00, grass 2414 Windsor, S 6' LOT 2 & LOT 3 KLINGENBERGS SUB, Blake, Thomas J & Mar- tha J 115 Skyline Dr. Guttenberg IA 52052, 1013454014, $267.00, garbage 667 W Locust, LOT 3 ELLEN BLAKES SUB 667-669 W LOCUST ST, Gross, Gavin J 1150 MT Pleasant Dubuque IA 52001, 1024156009, $159.00, grass 1135 Solon, LOT 7 SUB 2 & 3 MRS L H LANGS SUB, Federal National Mortgage Association Two Galleria Tower 13455 Noel Rd, Suite 600 Dallas TX 75240, 1025159017, $119.00, grass 1553 Alta Vista, LOT 43 LEVENS ADD 1553-1553 1/2 ALTA VISTA, Behr, Katie M 1553 Alta Vista Street Dubuque IA 52001, 1023477020, $105.00, garbage 880 Pleasant, LOT 4 0 TAYLORS SUB & LOT 3 GMEHLES SUB, Wells Fargo Bank NA 1 Home Campus Des Moines IA 50328, 1013411010, $366.00, grass, weeds and garbage 25 W 15th, LOT 1 OF WINNER PLACE, Empress Enterprises LLC 199 New Mont- gomery St #706 San Francisco CA 94105, 1024403017, $113.00, garbage 378 W Locust, NW 41'9" OF LOT 14 & LOT 2-15 COOLEY'S SUB 378-378 1/2 W LOCUST ST, MK Properties LLC 378-380 W Locust St Dubuque IA 52001, 1024329013, $132.00, garbage 1005 Victoria, LOT 1-1 COOK & ALLEN PLACE, Bermes, Andrea W 1005 Victoria St. Dubuque IA 52003, 1036157013, $1,167.00, grass 501 Obeche, LOT 1 BLK 4 CEDAR LAKE ADD, Gra Reo 2013-1 Inc. 15480 Laguna Canyon Rd Suite 100 Irvine CA 92618, 1034105001, $440.00, grass 704 Caledonia, N 1/2 OF LOT 1 OF 1 OF 39 IN KELLY SUB, Lincoln, Aaron J 1160a Dove Loop Springdale AR 72764, 1025133023, $60.00, grass 2643 Pinard, LOT 293 GLENDALE ADD #3, BGK Investments Inc. 7445 Topanga Canyon Blvd Canoga Park CA 91303, 1013190002, $569.00, grass, weeds and gar- bage 570 Arlington, LOT 1 GOLOMBESKI'S ADDITION, Schneider, Jason M 570 Arlington 16 St. Dubuque IA 52001, 1024378023, $81.00, grass 2260 Roosevelt, LOT 2-1-2-2-1-2-2 OF MIN LOT 307, Emerson, Everett E 2260 Roosevelt Dubuque IA 52001, 1107351009, $139.00, grass 1625 N Algona, LOT 236 WOODLAWN PARK ADD, Benson, Laura A Nka Geiger, Laura A 1625 N Algona St. Dubuque IA 52001, 1023387009, $265.00, grass 1938 Washington, N 33' LOT 21 & THE N 33' LOT 22 E DUBUQUE ADD, Koos, Raymond A 1938 Washington St Dubuque IA 52001, 1024217003, $166.00, grass, weeds and garbage 2131 Jackson, N 38'6"-E 1/2 -LOT 38 L H LANGWORTHY'S ADD, Hayes, Casie L & Schumacher, Joey L 2131 Jackson St. Dubuque IA 52001, 1024208018, $149.00, grass 815 Wilson, LOT 2 KEOGHS SUB 815-817 WILSON, Fidelity Bank & Trust 4250 As- bury Rd Dubuque IA 52002, 1025109045, $75.00, grass 807 Garfield, LOT 2 DREIBILBIES ADD, Canon, Robert J 900 Rush St Dubuque IA 52003, 1 01 3481 01 8, $89.00, grass 1358 Locust, N 1/2 OF M 1/5 OF CITY LOT 476, Husemann, Larry H & Brenda A 18491 W Michelle CT East Dubuque IL 61025-9403, 1024410002, $182.60, garbage 1820 Loras, TSCHIRGI & SCHWINDS SUB LOT 31, BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1026133003, $75.00, garbage 2568 Jackson, LOT 15 E LANGWORTHYS ADD, Healey Jr, Joseph A & Amanda M 3230 Bittersweet Lane Dubuque IA 52001, 1013335005, $85.00, garbage 90 Alpine, S 1' LOT 1 LOIS ADD & LOT 2 LOIS ADD, Strub, Chase S & Kristi N 90 Alpine St. Dubuque IA 52001, 1025303002, $70.00, grass 1360 Dell, LOT 2-810 A MCDANIELS SUB, Paul, Jacob R 1825 74th Place Kenosha WI 53143, 1024340003, $348.00, grass, weeds and garbage 1609 Washington, LOT 2-N 33'3" OF LOT 82 EAST DUBUQUE ADD, Mid-America Property Management LLC PO Box 1572 Dubuque IA 52004-1572, 1024268020, $100.00, garbage 1122 Center PI, LOT 1-2 MIN LOT 88 & PT 87 & LOT 16 & 2-13 MC NULTY SUB 1118-1122 CENTER PL, Quade, Mark W 13351 Swiss Valley Rd. Peosta IA 52068, 1024357006, $53.00, garbage 2528 Jackson, N 1/2 LOT 5 & LOT 2-6 E LANGWORTHYS ADD, Riniker, Anna M & Baumgartner, Daniel 2528 Jackson St. Dubuque IA 52001, 1013335017, $65.00, gar- bage 614 Loras, LOT 2-817 A MCDANIELS SUB, Moore, Nancy Jo 803 Grant Court Ma- quoketa IA 52060, 1024377004, $110.00, grass 2561 Jackson, S 20' LOT 216 & N 20' LOT 217 DAVIS FARM ADD, Hirschy Compa- nies LLC 15816 Lore Mound Rd. Dubuque IA 52002, 1013334007, $75.00, grass 925 Garfield, LOT 6 HOOPER'S ADD 925-927 GARFIELD AVE, Garden District Es- tates LC 3500 Dodge #387 Dubuque IA 52003, 1118353009, $85.00, grass 3100 Lemon, LOT 33 G R WEST'S DUBUQUE, Household Finance Industrial Loan Company of Iowa 636 Grand Regency Blvd Brandon FL 33510, 1014232007, $123.00, grass 1080 Wilson, LOT 6 CAINS SUB 1080-1082 1/2 WILSON, High Country Estates LC 3500 Dodge #387 Dubuque IA 52003, 1025104001, $70.00, garbage 2559 Washington, S 1/2 LOT 21 & N 1/2 LOT 22 E LANGWORTHYS ADD, Wonser, Melissa A 2559 Washington St. Dubuque IA 52001, 1013335027, $115.00, grass 17 20. Multi -Family Housing Production - Round 6 Community Development Block Grant (CDBG) Application: City Manager recommending acceptance of two applications for CDBG Multi -Family Rental Unit New Production — Round 6 funding to create multi- family rental units in the Holy Ghost (old school and convent) and St. Mary's (old school) buildings. Upon motion the documents were received and filed and Resolution No. 252-14 of Support to the Iowa Economic Development Authority, on Behalf of St. Mary's Church Corporation for Submittal of an Application for a CDBG Disaster Multi - Family Unit Production Round 6 Application; and Resolution No. 253-14 Resolution of Support to the Iowa Economic Development Authority, on Behalf of Frantz Community Investors for Submittal of an Application for a CDBG Disaster Multi -Family Unit Produc- tion Round 6 Application were adopted. RESOLUTION NO. 252-14 RESOLUTION OF SUPPORT TO THE IOWA ECONOMIC DEVELOPMENT AUTHOR- ITY, ON BEHALF OF ST. MARY'S CHURCH CORPORATION FOR SUBMITTAL OF AN APPLICATION FOR A CDBG DISASTER MULTI -FAMILY UNIT PRODUCTION ROUND 6 APPLICATION Whereas, Dubuque County was impacted by the floods of 2008 and the area has a critical need for additional workforce housing; and Whereas, in 2009 the Real Property Research Group along with other studies con- cluded that there is a need for additional downtown housing; and Whereas, the City Council has prioritized the redevelopment of the greater downtown for mixed use with an emphasis on downtown housing; and Whereas, the Holy Ghost project located at 1501 Jackson Street will provide twelve (12) residential development units to the downtown area; seven (7) units will provide af- fordable housing opportunities for low and moderate income (LMI) citizens; and Whereas, the City Council finds that the proposed application is acceptable and nec- essary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque agrees to support the CDBG Disaster Multi- Family Unit Production Round 6 Application on behalf of St. Mary's Church Corporation for the property at 1501 Jackson Street. Section 2. That the Mayor is hereby authorized and directed to execute this Resolu- tion on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco- nomic Development Authority. Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 253-14 RESOLUTION OF SUPPORT TO THE IOWA ECONOMIC DEVELOPMENT AUTHOR- ITY, ON BEHALF OF FRANTZ COMMUNITY INVESTORS FOR SUBMITTAL OF AN APPLICATION FOR A CDBG DISASTER MULTI -FAMILY UNIT PRODUCTION ROUND 6 APPLICATION Whereas, Dubuque County was impacted by the floods of 2008 and the area has a critical need for additional workforce housing; and 18 Whereas, in 2009 the Real Property Research Group along with other studies con- cluded that there is a need for additional downtown housing; and Whereas, the City Council has prioritized the redevelopment of the greater downtown for mixed use with an emphasis on downtown housing; and Whereas, the Holy Ghost project located at 2887-2901 Central Avenue will provide twenty nine (29) residential development units to the downtown area; fifteen (15) units will provide affordable housing opportunities for low and moderate income (LMI) citizens; and Whereas, the City Council finds that the proposed application is acceptable and nec- essary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque agrees to support the CDBG Disaster Multi- Family Unit Production Round 6 Application on behalf of Frantz Community Investors for the property at 2887-2901 Central Avenue. Section 2. That the Mayor is hereby authorized and directed to execute this Resolu- tion on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco- nomic Development Authority. Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Community Housing Initiatives Agreement: City Manager recommending approval of an agreement between Community Housing Initiatives and the City of Dubuque's Housing and Community Development Department. Upon motion the documents were received, filed and approved. 22. Alcohol and Tobacco License Applications: City Manager recommending approv- al of annual liquor, beer, wine and tobacco licenses as submitted. Upon motion the doc- uments were received and filed and Resolution No. 254-14 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. 255-14 Approving Applica- tions for Retail Cigarette/Tobacco Sales Permits, as Required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 254-14 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: 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) Eagle Country Market 1800 Elm St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Holy Spirit Church 2981 Central Ave. Class C Beer (Sunday) Hy -Vee #1 Clubroom 3500 Dodge St. Special Class C Liquor (Sunday) Hy -Vee #1 Market Cafe 3500 Dodge St. Special Class C Liquor (Sunday) Kwik Stop Food Mart 2255 Kerper Blvd. Class C Beer, Class B Native Wine (Sunday) Mystique Community Ice Center 1800 Admiral Sheehey Dr. Class C Liquor, Class B Native Wine (Outdoor) (Sunday) Red Robin America's Gourmet Burgers & Spirits 2775 NW Arterial Class C Liquor (Outdoor) (Sunday) Sid's Beverage Store, Inc. 2727 Dodge St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Special Event Camp Albrecht Acres of the Midwest Sept. 23 Alliant Amphitheater Special Class C Liquor (Outdoor) Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 255-14 APPROVING APPLICATIONS FORRETAIL CIGARETTE/TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/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 otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Midwest Vapors 2600 Dodge St. Suite C3 Passed, approved and adopted this 18th day of August, 2014. Attest: Kevin S. Firnstahl, City Clerk 20 Roy Buol, Mayor BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Housing Commission: One, 3 -year term through August 17, 2017 (Expiring term of Eudaley). Applicant: Amy Eudaley, 950 Wood St. Sister City Relationship Advisory Commission: One, 3 -year term through February 1, 2016 (Vacant term of Rhomberg). Applicant: Bryan Zygmont, 608 Clarke Dr. Mr. Zyg- mont spoke in support of his appointment. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council on the following items: 1. SRF Green Alley Project Bid Set 2 - Year 2: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost of the SRF Green Alley Project Bid Set 2 - Year 2 and the City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Reso- lution No. 256-14 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for the SRF Green Alley Bid Set 2 — Year 2 Project; Resolution No. 257-14 Resolu- tion With Respect to the Adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set 2 — Year 2 Project; and Resolution No. 258-14 Approving Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 2 — Year 2 Project. Seconded by Resnick. Dan McAuliffe, 1738 N. Grandview Avenue questioned whether the City would continue to plow the area opposite Delaware Street west of N. Grandview despite being part of the Green Alley Project. City Manager Van Milligen re- sponded that the City would continue to blow it as a street. Responding to questions from the City Council, Assistant City Engineer Bob Schiesl stated that the increased costs with this bid set may be due to inflationary costs projected in 2015, increased costs of concrete, alley length and lot widths. Motion carried 6-0. RESOLUTION NO. 256-14 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE SRF GREEN ALLEY BID SET 2 — YEAR 2 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 SRF Green Alley Bid Set 2 — Year 2 Project, in the estimated amount $951,266.09, are hereby approved. Passed, adopted and approved this 18th day of August, 2014. Attest: Kevin S. Firnstahl, City Clerk 21 Roy D. Buol, Mayor RESOLUTION NO. 257-14 RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 2 — YEAR 2 PROJECT Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green Alley Bid Set 2 — Year 2 Project and has given notice of the public hearing there- on as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: • Adopted, without amendment, and all objections filed or made having been duly considered are overruled. Passed, adopted and approved this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnsthal, City Clerk RESOLUTION NO.258-14 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 2 — YEAR 2 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 2 — Year 2 Project are hereby approved. Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Request to Rezone - 1501 Jackson Street: Proof of publication on notice of public hearing to consider a request by Gronen Restoration to rezone property at 1501 Jack- son Street from R -2A Alternate Two Family Residential to OR Office Residential 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 Jones. Developer John Gronen of Gronen Res- toration and Architect Jeff Morton provided a presentation of the St. Mary's campus and school building describing the size and type of apartments, rent parameters, parking so- lutions and landscaping. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 53-14 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at 1501 Jackson Street From R - 2A Alternate Two -Family Residential District to or Office Residential District. Seconded by Connors. Motion carried 6-0. 22 OFFICIAL PUBLICATION ORDINANCE NO. 53-14 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1501 JACKSON STREET FROM R -2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL 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 reclassifying the hereinafter—described property from R -2A Alternate Two -Family Residential District to OR Office Residential District, to wit: Lot 1 of City Lot 493, 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 Zon- ing 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 August, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of August, 2014. /s/Kevin S. Firnstahl, City Clerk 3. Request to Rezone - Holliday's 3rd Addition (Holliday Drive): Proof of publication on notice of public hearing to consider a request by Brian Kane (WBBW Holliday Develop- ment, LLC) to rezone Lot 2 of 8, Lot 2 of 6 and Lot 7, all in the Holliday's 3rd Addition along Holliday Drive from C-2, Neighborhood Shopping Center District, to C-3, General Commercial Zoning District and the Zoning Advisory Commission recommending ap- proval, with conditions. 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. Se- conded by Lynch. Attorney Brian Kane, speaking on behalf of the developer, described the request and a request to amend the rezoning of Lot 7. Mr. Kane also addressed storm water concerns. Planning Services Manager Laura Carstens provided a staff re- port. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 54-14 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located Along Holliday Drive From C-2 Neighborhood Shopping Center District With Conditions to C-3 General Commercial District With Conditions. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 54-14 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG HOLLIDAY DRIVE FROM C-2 NEIGHBORHOOD 23 SHOPPING CENTER DISTRICT WITH CONDITIONS TO C-3 GENERAL COMMER- CIAL DISTRICT WITH CONDITIONS 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 reclassifying the hereinafter—described property from C-2 Neighborhood Shopping Center District with conditions to C-3 General Com- mercial District, with conditions, to wit: Lot 2 of 8 and the north 224 feet of Lot 7 of Holliday Drive 3rd 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 Zon- ing 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 August, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of August, 2014. /s/Kevin S. Firnstahl, City Clerk ACCEPTANCE OF ORDINANCE NO. 54-14 I, Tim Hodge, representing WBBW Holliday Development, LLC, property owner, hav- ing read the terms and conditions of the foregoing Ordinance No. 54- 14 and being fa- miliar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 18th day of August, 2014. /s/Tim Hodge 4. Intent to Dispose by Easement - Merlin Lane: Proof of publication on notice of pub- lic hearing to consider the matter of the intent to dispose of a portion of Merlin Lane on City property by roadway easement to Dubuque County and City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 259-14 Disposing of an Interest in Real Property by Easement to Dubuque County. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 259-14 DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO DUBUQUE COUNTY Whereas, the City of Dubuque, Iowa (City) is the owner of real property in Dubuque County shown on Exhibit A attached hereto (the Property); and Whereas, City and Dubuque County (County) have entered into an Agreement pur- suant to which City will grant a Roadway Easement (the Easement) attached hereto on the Property to County; and Whereas, on August 18, 2014, 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 24 Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in 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 disposition of the City's interest in the foregoing -described Property by Easement to County. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Easement. Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Intent to Dispose by Easement - Jecklin Lane: Proof of publication on notice of public hearing to consider the matter of the intent to dispose of a portion of Jecklin Lane on City property by roadway easement to Dubuque County and City Manager recom- mending approval. Motion by Lynch to receive and file the documents and adopt Reso- lution No. 260-14 Disposing of an Interest in Real Property by Easement to Dubuque County. Seconded by Resnick. Motion carried 6-0. RESOLUTION NO. 260-14 DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO DUBUQUE COUNTY Whereas, the City of Dubuque, Iowa (City) is the owner of real property in Dubuque County shown on Exhibit A attached hereto (the Property); and Whereas, City and Dubuque County (County) have entered into an Agreement pur- suant to which City will grant a Roadway Easement (the Easement) attached hereto on the Property to County; and Whereas, on August 18, 2014, 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 such interest in 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 disposition of the City's interest in the foregoing -described Property by Easement to County. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Easement. Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. 25 ACTION ITEMS 1. Appointment of Fire Chief: City Manager recommending appointment of Dubuque Assistant Fire Chief Rick Steines as the new Fire Chief. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Mr. Stei- nes thanked the City Council and staff. Motion carried 6-0. 2. Code of Ordinances Amendment - Title 2 Environmental Stewardship Advisory Commission: City Manager recommending approval of an ordinance with a new Title 2, Chapter 6 which establishes the Environmental Stewardship Advisory Commission and provides for the powers, operation, membership and meetings. Motion by Jones to re- ceive 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 6-0. Motion by Jones for final consideration and passage of Ordinance No. 55-14 Amend- ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter 6 Environmental Stewardship Advisory Commission and Adopting a New Chapter 6 Environmental Stewardship Advisory Commission in Lieu Thereof Establish- ing the Environmental Stewardship Advisory Commission and Providing for the Powers, Operation, Membership, and Meetings. Seconded by Resnick. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 55-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS BY REPEALING CHAPTER 6 ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION AND ADOPTING A NEW CHAPTER 6 ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION 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 6 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: Chapter 6 ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION 2-6-1: COMMISSION CREATED: There is hereby created the Environmental Stew- ardship Advisory Commission. 2-6-2: PURPOSE: The purpose of the commission is to advise the city council on en- vironmental issues; to educate on environmental issues; and to promote environmental stewardship. 2-6-3: INTERNAL ORGANIZATION AND RULES: The commission may adopt rules and regulations 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 administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its opera- tions. 2-6-5: MEMBERSHIP: 26 A. The commission comprises seven (7) residents of the city, appointed by the city council. B. Qualifications. 1. One (1) commissioner will be appointed to represent those who will inherit the environment. Such commissioner must be under the age of thirty (30) at the time of appointment. 2. Six (6) commissioners will be appointed to represent diverse segments of the city's population. 3. It is desirable to select some commissioners who may have backgrounds with environmental/biological science, healthcare, business/industry, and environ- mental/civic groups. 2-6-6: OATH: Each person, upon appointment 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. 2-6-7: TERMS: The term of office for commissioners 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 ap- pointments. 2-6-9: OFFICERS/ORGANIZATION: The commissioners must choose annually a chairperson and vice -chairperson, each to serve a term of one (1) year. The chairper- son 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 Io- wa 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 excused 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 replacement 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 commis- sion 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. F. Quorum. Four (4) commissioners constitute a quorum for the transaction of busi- ness. The affirmative vote of a majority of the commissioners present and voting is nec- essary 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 established in the city administrative poli- cies budget. 2-6-12: REMOVAL: The city council may remove any commissioner for cause upon written charges and after a public hearing. 27 2-6-13: POWERS: The commission has the following powers, duties, and responsibil- ities: 1. To develop, articulate, and propose goals, objectives, and policies to the city council for the stewardship of the city's environment and its ecological systems for present and future generations. 2. To advise and inform the city council on environmental stewardship issues, in- cluding the implementation of and compliance with legislation, regulations, and policies. 3. To hold public forums on specific issues at the direction of the city council. 4. To provide, upon request, to other boards, commissions, and city departments, information for environmental educational programs, educational materials, and environmental volunteer opportunities. 5. To provide input to the Long Range Planning Advisory Commission regarding environmental stewardship issues in the comprehensive plan. Section 2. Nothing herein effects the term of any person serving as a commissioner as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 18th day of August, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of August, 2014. /s/Kevin S. Firnstahl, City Clerk 3. Elm Street Parking Lot Project Award: City Manager recommending award of the contract to the low bidder, Tschiggfrie Excavating, for the Public Improvement Contract for the Elm Street Parking Lot Project. Motion by Connors to receive and file the docu- ments and adopt Resolution No. 261-14 Awarding Public Improvement Contract for the Elm Street Parking Lot Project. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 261-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE ELM STREET PARK- ING LOT PROJECT Whereas, sealed proposals have been submitted by contractors for the Elm Street Parking Lot Project (the Project) pursuant to Resolution No. 216-14 and Notice to Bid- ders published in a newspaper published in the City of Dubuque, Iowa on the 25th day of July, 2014, and; Whereas, said sealed proposals were opened and read on the 7th day of August, 2014 and it has been determined that Tschiggfrie Excavating of Dubuque, Iowa with a bid proposal in the amount of $424,939.22, is the responsive, responsible bidder for the Project, and; Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into an improvement contract with Tschiggfrie Excavating for said 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 Tschiggfrie Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. 28 Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. SRF Green Alley Project Bid Set 5 Year 1 — Award: City Manager recommending award of the contract to the low bidder, Drew Cook and Sons Excavating, for the Public Improvement Contract for the SRF Green Alley Bid Set 5 — Year 1 Project. Motion by Connors to receive and file the documents and adopt Resolution No. 262-14 Awarding Public Improvement Contract for the SRF Green Alley Bid Set 5 — Year 1 Project. Se- conded by Jones. City Manager Van Milligen addressed the associates costs and varia- bles associated with the alley projects citing assessment caps, fluctuation in concrete costs and revenues, and the competitive bidding process. Motion carried 6-0. RESOLUTION NO. 262-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY BID SET 5 — YEAR 1 PROJECT Whereas, sealed proposals have been submitted by contractors for the SRF Green Alley Bid Set 5 — Year 1 Project (the Project) pursuant to Resolution No. 197-14 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of July, 2014; and Whereas, said sealed proposals were opened and read on the 7th day of August, 2014, and it has been determined that Drew Cook and Sons Excavating of Dubuque, Iowa, with a bid in the amount of $139,474.50, 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 and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. SRF Green Alley Project Bid Set 1 - Year 2 Award: City Manager recommending award of the contract to the low bidder, Drew Cook and Sons Excavating, for the Public Improvement Contract for the SRF Green Alley Bid Set 1 — Year 2 Project. Motion by Connors to receive and file the documents and adopt Resolution No. 263-14 Awarding Public Improvement Contract for the SRF Green Alley Bid Set 1 — Year 2 Project. Se- conded by Jones. Motion carried 6-0. RESOLUTION NO. 263-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY BID SET 1 — YEAR 2 PROJECT Whereas, sealed proposals have been submitted by contractors for the SRF Green Alley Bid Set 1 — Year 2 Project (the Project) pursuant to Resolution No. 200-14 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of July, 2014; and 29 Whereas, said sealed proposals were opened and read on the 7th day of August, 2014, and it has been determined that Drew Cook and Sons Excavating, Inc. of Dubu- que, Iowa, with a bid in the amount of $786,264.00, is the lowest responsive, responsi- ble 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 Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Jule Transit Facility Roof and Sprinkler Repair Project Award: City Manager rec- ommending award of the contract for the roof repair to the low bidder, Bel Aire Home Improvement as well as recommending that the contract for the sprinkler repair be awarded to the only bidder, Continental Fire & Sprinkler for the Public Improvement Contract for the Jule Transit Facility Roof and Sprinkler Repair Project. Motion by Lynch to receive and file the documents and adopt Resolution No. 264-14 Awarding public im- provement contract for the Jule Transit Facility Roof and sprinkler Repair Project (Roof); and Resolution No. 265-14 Awarding the public improvement contract for the Jule Transit Facility Roof and Sprinkler Repair Project (Sprinkler). Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 264-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE JULE TRANSIT FACIL- ITY ROOF AND SPRINKLER REPAIR PROJECT (ROOF) Whereas, sealed proposals have been submitted by contractors for the Jule Transit Facility Roof and Sprinkler Repair Project (the Project) pursuant to Resolution No. 151- 14; and Whereas, said sealed proposals were opened and read by the City of Dubuque on the 8th day of July, 2014, and it has been determined that Bel Aire Home Improvement of Platteville, Wisconsin with a bid in the amount of $148,968.80, is the lowest respon- sive, responsible bidder for the Roof 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, Bel Aire Home Improvement and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 265-14 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE JULE TRANSIT FACIL- ITY ROOF AND SPRINKLER REPAIR PROJECT 30 Whereas, sealed proposals have been submitted by contractors for the Jule Transit Facility Roof and Sprinkler Repair Project (the Project) pursuant to Resolution No. 151- 14; and Whereas, said sealed proposals were opened and read by the City of Dubuque on the 8th day of July, 2014, and it has been determined that Continental Fire & Sprinkler of Davenport, Iowa with a bid in the amount of $54,925.00, is the lowest responsive, re- sponsible bidder for the Sprinkler 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, Continental Fire & Sprinkler and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 18th day of August, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Connors requested and received Council concurrence on asking staff to prepare a report on enforcement efforts related to recreational fires within the city limits as a result of phone calls and e-mails received by several Council Members. There being no further business, upon motion the City Council adjourned at 7:46 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 31