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10 6 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 October 6, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; 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 Inclusive Dubuque and a Closed Ses- sion regarding pending litigation and property acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa WORK SESSION Inclusive Dubuque Inclusive Dubuque Coordinator Jessica Rose introduced the mission partners Dr. Liang Chee Wee, Eric Dregne, Pauline Chilton, Erica Ysquierdo, Barry Gentry, Kari McCann, Randy Martinez, Keith Rahe, and Kelly Larson who presented on the following topics: • Why do we do this work? • The process; • Knight Soul of the Community; • Vision: a community where all feel respected, valued and engaged; • Mission: to advance equity and inclusion to meet the economic and cultural needs of a diverse community; • Definitions: diversity, equity, inclusion; • Defining Inclusive Dubuque: A network of partner organizations who provide direct service and support to community members; • Mission partners identified; • Objectives: o Identify the needs/solutions, o Increase awareness and engagement, o Support partner -led action; • Progress update; • Next steps: o Community Equity Assessment The City Council had discussion with the representatives following the presentation. 1 CLOSED SESSION Motion by Jones to convene in closed session at 5:37 p.m. to discuss pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second- ed by Braig. Motion carried 7-0. Upon motion the City Council reconvened in open session at 6:29 p.m. having given staff proper direction. There being no further business, upon motion the City Council adjourned at 6:31 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 6:33 p.m. on October 6, 2014 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; 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) 1. White Cane Safety Day (October 15, 2014) was accepted by Mayor Buol; 2. Trick -or -Treat Night (October 31, 2014) was accepted by Mayor Buol; 3. Disabilities Awareness Month (October 2014) was accepted by R.R.S. Stewart of the Human Rights Commission; 4. Arts and Humanities Month (October 2014) was accepted by Marina O'Rourke, Vice Chair of the Arts and Cultural Affairs Advisory Commission; 5. Make a Will Month (October 2014) was accepted by Susan Henricks, Library Di- rector and Make -a -Will Month Committee member. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council proceedings of 9/15; Civil Service Commission of 7/28, 9/22; Five Flags Civic Center Commission of 8/20; Zoning Board of Adjustment of 9/25; Proof of Publication for City Council proceedings of 9/2. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: David Baker for vehicle damage, Suit by Cheryl Fuller, Arthur Hedley for vehicle damage, Norman Homb for vehicle damage, Barbara Lombar- di for personal injury, Peggy Naumann for vehicle damage, James Shippy for property damage, Brad Siegert for property damage, Suit by QHQ Properties. 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: David Baker for vehicle damage, Enterprise Rent -a -Car for vehicle dam- age, Arthur Hedley for vehicle damage, Norman Homb for vehicle damage, Barbara 3 Lombardi for personal injury, Peggy Neumann, James Shippy for property damage, Brand Siegert of property damage. Upon motion the documents were received, filed and concurred. 4. Government Finance Officers Association- Distinguished Budget Presentation Award: Correspondence from the Government Finance Officers Association (GFOA) advising that it has awarded the Distinguished Budget Presentation Award to the City of Dubuque and Certificates of Recognition for Budget Preparation to Budget Director Jennifer Larson and Senior Budget Analyst Mary Brooks for the Fiscal Year 2014/2015. Upon motion the documents were received and filed. 5. SRF Green Alley Project Bid Set 1 -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 1 Year 1 Project, as com- pleted by East Iowa Construction. Upon motion the documents were received and filed and Resolution No. 300-14 Accepting the SRF Green Alley Project- Bid Set 1 year 1 and authorizing the payment of the contract amount to the contractor; and Resolution No. 300-14A Adopting the final assessment schedule for the SRF Green Alley Project - Bid Set 1 Year 1 were adopted. RESOLUTION NO. 300-14 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 1 YEAR 1 AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 1 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 accepted; 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 $273,828.24 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 October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 300-14A ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 1 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 Pro- ject - Bid Set 1 Year 1. 4 There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion 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 certifi- cation 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 pub- lication 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 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, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments of $100.00 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 fol- lowing the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Delin- quent 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 6th day of October, 2014. Roy D, Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments ALMOND ELLIS W LOCUST FOYE 1024177031, Burris, Charlene, Lot 14 Cox's Add, 547 West Locust St, 547 W Locust St, 89,280.00, $90,079.23, $799.23, $799.23, $799.23 1024177029, Mason Properties LLC, E 26'6" of Lot 16 Cox's Add, 1726 Overview Ct, 561 W Locust St, 83,590.00, $84,013.59, $423.59, $423.59, $423.59 1024177030, Tressel, Dennis J & Ann D, Lot 15 Cox's Add 553-555 W Locust St, 3050 Castle Woods Ln, 553 W Locust St, 110,000.00, $110,799.23, $799.23, $799.23, $799.23 1 0241 7701 0, Klein, Lavern P & !leen M, E 2' of Lot 30 & W 1/2 of Lot 31 Cox's Add, 520 Almond, 530 Almond, 7,020.00, $7,430.63, $410.63, $410.63, $410.63 1 0241 7701 1, Klein, Lavern P & !leen M, E 1/2 of 31 & W 1/2 of 32 Cox's Add, 520 Almond, 520 Almond, 124,460.00, $125,220.42, $760.42, $760.42, $760.42 1024177035, Birch, Craig T & Leslie E, Lot 11 Cox's Add 523-525 W Locust St, 783 Claridge Dr., 523 W Locust St, 94,630.00, $95,429.23, $799.23, $799.23, $799.23 1024177037, Richard, Daniel J., Lot 9 & E 1/2 of Lot 10 Cox's Add 509-511 W Locust St, P.O. Box 1428, 509 W Locust St, 117,400.00, $118,598.84, $1,198.84, $1,198.84, $1,198.84 5 1 0241 7701 2, Klein, Lavern P & !leen M, E 1/2 of Lot 32 & W 1/2 of 33 Cox's Add, 520 Almond, 510 Almond, 13,000.00, $13,760.42, $760.42, $760.42, $760.42 1 0241 7701 6, Droessler, Anthony P & Constance, Lot 36 Cox's Add, 454 Almond, 454 Almond, 78,660.00, $79,420.42, $760.42, $760.42, $760.42 1024177025, Fecker, Joseph Jr & Barbara R, Lot 19 Cox's Add, 587 West Locust St, 587 W Locust St, 110,370.00, $111,169.23, $799.23, $799.23, $799.23 1024177041, Engling, Chad A & Lindsay M, Lot 2-5 of E 1/2 of 6 Cox's Add, 1913 El- lis, 1913 Ellis, 76,220.00, $77,666.32, $1,446.32, $1,446.32, $1,446.32 1 0241 7701 4, Young, Michelle L & Birch, Leo, Lot 34 & W 1/2 of Lot 35 Cox's Add, 490 Almond Street, 490 Almond, 131,620.00, $132,760.63, $1,140.63, $1,140.63, $1,140.63 1024177024, Cathman, Richard A & Linda A, Lot 20 Cox's Add, 591 West Locust St, 591 W Locust St, 94,400.00, $95,199.23, $799.23, $799.23, $799.23 1024177001, Lee Real Estate LLC, E 32' of Lot 23 Cox's Add 594-594 1/2 Almond, 1065 Auburn St, 594 Almond, 75,920.00, $76,357.77, $437.77, $437.77, $437.77 1 0241 7701 3, Mk Properties LLC, E 1/2 of Lot 33 Cox's Add, 8282 Turkey Valley Ln, 506 Almond, 35,070.00, $35,450.21, $380.21, $380.21, $380.21 1 0241 7701 7, Radabaugh, Susan M & Paul A, W 1/2 of Lot 37 Cox's Add, 436 Al- mond Street, 436 Almond, 55,250.00, $56,010.42, $760.42, $760.42, $760.42 1024177023, Rath, David A & Ellen M, Lot 21 Cox's Add, 595 West Locust St, 595 W Locust St, 82,770.00, $83,569.23, $799.23, $799.23, $799.23 1024177034, Tangeri, Daniel & Phillips, Lynn Ann, E 1/2 of Lot 12 Cox's Add 531 W Locust St, 531 West Locust Street, 531 W Locust St, 68,200.00, $111,263.65, $399.61, $399.61, $399.61 1024177009, Beresford, Bernice E, W 48' of Lot 30 Cox's Add, 540 Almond Street, 540 Almond, 80,870.00, $81,600.00, $730.00, $730.00, $730.00 1024177027, JG Investments LLC, Lot 17 Cox's Add 575-577 W Locust St, 9120 Long Tail Ln, 575 W Locust St, 15,840.00, $16,639.23, $799.23, $799.23, $799.23 1024177036, Burnes, Lori Ann, W 1/2 of Lot 10 Cox's Add 517-517 1/2 W Locust St, 517 West Locust Street, 517 W Locust St, 35,760.00, $36,159.61, $399.61, $399.61, $399.61 1024177005, Witter, David J & Micheline R, Lot 27 Cox's Add, 2951 Olde Country Ln, 570 Almond, 59,760.00, $60,520.42, $760.42, $760.42, $760.42 1 0241 7701 5, Young, Michelle L & Birch, Leo, E 1/2 of Lot 35 Cox's Add, 490 Almond Street, Almond, 6,500.00, $6,880.21, $380.21, $380.21, $380.21 1 0241 7701 9, Haun, Jeffrey D & Donna Rae, Lot 38 Cox's Add, 3075 Asbury Rd, 410 Almond, 75,690.00, $76,450.42, $760.42, $760.42, $760.42 1024177026, Burds, Lois A, Lot 18 Cox's Add, 581 West Locust St, 581 W Locust St, 79,090.00, $79,889.23, $799.23, $799.23, $799.23 1024177032, Nelson, Kathaleen M, Lot 13 Cox's Add, 541 West Locust Street, 541 W Locust St, 62,090.00, $62,889.23, $799.23, $799.23, $799.23 1024177038, Love, Ronald L, Lot 1-8 Cox's Add, 505 West Locust St, 505 W Locust St, 65,600.00, $66,268.43, $668.43, $668.43, $668.43 1024177002, Schmitz, Jesse & Heather A, Lot 24 Cox's Add, 590 Almond Street, 590 Almond, 55,880.00, $56,640.42, $760.42, $760.42, $760.42 1 0241 7701 8, Queck Properties LLC, E 1/2 Of Lot 37 Cox's Add, Po Box 762, 418 Almond, 49,880.00, $50,260.21, $380.21, $380.21, $380.21 1024177028, Manders, Vincent I & Mary L, W 23.5' Of Lot 16 Cox's Add, 569 West Locust Street, 569 W Locust St, 61,090.00, $61,465.64, $375.64, $375.64, $375.64 6 1024177007, Bon Vivant LC, E 1/2 Of Lot 28 Cox's Add, 3500 Dodge #387, 560 Al- mond, 32,200.00, $32,580.21, $380.21, $380.21, $380.21 1024177022, Rans, Jesse J, E 24' Of Lot 22 Cox's Add, 125 Kayle Drive, 2008 Foye, 43,170.00, $43,596.94, $426.94, $426.94, $426.94 1024177033, Bertjens, Thomas J & Markus, Carol, W 1/2 Of Lot 12 Cox's Add, 535 West Locust Street, 535 W Locust St, 49,230.00, $49,629.61, $399.61, $399.61, $399.61 1024177040, Queck Capital Management LLC, Lot 7 & W 1/2 Lot 6 Cox's Add, 20999 Country Squire Lane, 481 W Locust St, 88,410.00, $89,996.16, $1,586.16, $1,586.16, $1,586.16 1024177003, McClain, Duane L & Ann M, Lot 25 Cox's Add, 586 Almond, 586 Al- mond, 87,100.00, $87,860.42, $760.42, $760.42, $760.42 1024177004, Schromen, Loren, Lot 26 Cox's Add, P 0 Box 162, 574 Almond, 116,690.00, $117,450.42, $760.42, $760.42, $760.42 1024177006, Bon Vivant LC, W 1/2 Of Lot 28 Cox's Add, 3500 Dodge #387, 562 Al- mond, 30,960.00, $31,340.21, $380.21, $380.21, $380.21 1024177008, Zeller, James F & Mildred R, Lot 29 Cox's Add, 550 Almond, 550 Al- mond, 94,170.00, $94,930.42, $760.42, $760.42, $760.42 1024177020, Bauer, Alec R, Lot 39 Cox's Add, 406 Almond Street, 406 Almond, 88,880.00, $89,640.42, $760.42, $760.42, $760.42 1024177039, McMahon Real Est Rentals LLC, Lot 2-8 Cox's Add 485-485 1/2 W Lo- cust St, 2380 Samantha Dr., 485 W Locust St, 56,280.00, $57,130.75, $850.75, $850.75, $850.75 1024177021, French Quarter Estates LC, Lot 40 Cox's Add 1935-1935 1/2 Ellis, 3500 Dodge #387, 1935 Ellis, 69,390.00, $70,587.50, $1,197.50, $1,197.50, $1,197.50 Lincoln Providence Windsor 1013486008, Culbertson Investments LLC, Ne 1/2 Lot 62 Cooks Add, 18374 Kramer Rd, 623 Lincoln, 32,870.00, $33,336.44, $466.44, $466.44, $466.44 1013486005, Ludovissy, Dana M, Lot 1-63 Cooks Add, 2107 Windsor Avenue, 2107 Windsor Ave, 48,490.00, $49,250.31, $760.31, $760.31, $760.31 1013486010, Jones, Marlene R & Richard W, Ne 1/2 of Lot 61 Cooks Add, 619 Lin- coln Avenue, 619 Lincoln, 76,450.00, $76,916.44, $466.44, $466.44, $466.44 1013486011, Sheldon -Taliaferro Suzan R, SW 1/2 Lot 61 Cooks Add, 617 Lincoln Ave, 617 Lincoln, 63,740.00, $64,206.44, $466.44, $466.44, $466.44 1013486004, Aldunate, David C, Se 1/2 of Lot 78, Lot 79 Cooks Add, 727 Goethe Street, 2111 Windsor Ave, 58,740.00, $60,606.85, $1,866.85, $1,866.85, $1,866.85 1013486003, Mitchell, Nicholas J & Jennifer, Lot 80 Cooks Add, 616 Providence, 616 Providence, 58,580.00, $59,513.42, $933.42, $933.42, $933.42 1013486009, Norton, Robert W Jr & Tina M, SW 1/2 Lot 62 Cooks Add, 621 Lincoln, 621 Lincoln, 59,450.00, $59,916.44, $466.44, $466.44, $466.44 Maple Cedar 14th 15th 1024290015, Lyons, Terrance W & Rebecca A, Lot 325 East Dubuque Add, 3148 Kil- larney Ct, 1402 Maple, 96,130.00, $96,954.60, $824.60, $824.60, $824.60 1024290004, G & S Real Estate, Lot 323 East Dubuque Add, 1450 Maple, Maple, 23,780.00, $24,564.75, $784.75, $784.75, $784.75 1024290005, G&S Real Estate & Le Shirley Mihalakis, Lot 324 East Dubuque Add, 1476 Maple, 1450 Maple, 70,700.00, $71,484.75, $784.75, $784.75, $784.75 1024290001, G & S Real Estate, N 1/2 Lot 321 East Dubuque Add No 2, 1450 Ma- ple, 1498 Maple, 29,520.00, $29,912.38, $392.38, $392.38, $392.38 7 1024290016, M -M & M LLC, Lots 346, N 1/2 & S 1/2 of 347, 348 & Lots 1 & 2 of 349 All In East Dubuque Add., 2602 Hacienda Drive, 1425 Cedar St, 138,750.00, $142,048.39, $3,298.39, $3,298.39, $3,298.39 1024290008, Herbst, Donald J, Lot 350 East Dubuque Add, 891 Kaufmann Ave, 1517 Cedar St, 39,210.00, $40,034.60, $824.60, $824.60, $824.60 1024290003, G&S Real Estate, Lot 322 East Dubuque Add, 1476 Maple, 1476 Ma- ple, 43,050.00, $43,834.75, $784.75, $784.75, $784.75 1024290002, G & S Real Estate, S 1/2 Lot 321 East Dubuque Add, 1450 Maple, 1486 Maple, 55,820.00, $56,212.38, $392.38, $392.38, $392.38 6. SRF Green Alley Project Bid Set 2- Year 1 Acceptance: City Manager recommend- ing acceptance of the construction contract for the SRF Green Alley- Bid Set 2 Year 1 Project, as completed by Drew Cook and Sons Excavating, and adoption of the Final Schedule of Assessments. Upon motion the documents were received and filed and Resolution No. 301-14 Accepting the SRF Green Alley Project- Bid Set 2 Year 1 and authorizing the payment of the contract amount to the contractor; and Resolution No. 301-14A Adopting the Final Assessment Schedule for the SRF Green Alley Project- Bid Set 2 Year 1 were adopted. RESOLUTION NO. 301-14 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 2 YEAR 1 AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 2 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 accepted; 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 $179,927.23 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 October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 301-14A ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 2 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 Pro- ject - Bid Set 2 Year 1. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final 8 Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion 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 certifi- cation 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 pub- lication 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 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, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments of $100.00 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 fol- lowing the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Delin- quent 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 6th day of October, 2014. Roy D, Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments 24m REGENT PRINCE QUEEN 1013456001, Vogt, Joseph W, Lot 1-42 Sanford's Sub, 2320 Prince Street, 2320 Prince Street, 112,330.00, $113,310.78, $980.78, $980.78, $980.78 1013456003, Segura, Ricardo & Michelle C , S 1/2 -Lot 43 Sanford's Sub, 2316 Prince Street, 2316 Prince Street, 60,580.00, $61,003.92, $423.92, $423.92, $423.92 1013456004, Brown, Anna M, N 1/2 -Lot 44 Sanford's Sub, 2314 Prince, 2314 Prince Street, 57,260.00, $57,683.92, $423.92, $423.92, $423.92 1013456005, McMahon Real Est Rentals LLC, S 1/2 -Lot 44 Sanford's Sub, 2380 Samantha Dr., 2312 Prince St, 33,540.00, $33,963.92, $423.92, $423.92, $423.92 1013456006, Briggs, Candace L, N 27.5' -Lot 45 Sanford's Sub, 610 E 22nd St, 2310 Prince St, 82,340.00, $82,806.31, $466.31, $466.31, $466.31 1013456007, Garner, Daniel M & Judith A, Se 2216" -Lot 45 Sanford's Sub, 2308 Prince, 2308 Prince St, 49,130.00, $49,511.53, $381.53, $381.53, $381.53 1013456008, Biehl, Elizabeth, Lot 46 Sanfords Sub 2300-2302 Prince, 2300 Prince, 2300 Prince St, 83,550.00, $84,397.83, $847.83, $847.83, $847.83 1013456009, JRD Real Estate LLC, Lot 1-41 & Lot 2-40 Sanford's Sub, 409 Kauf- mann Street, 2317 Queen St, 76,670.00, $77,427.19, $757.19, $757.19, $757.19 1013456010, Polkinghorn, Michael G & Susan, Lot 1-40 Sanford's Sub, 2313 Queen Street, 2313 Queen St, 66,010.00, $66,842.95, $832.95, $832.95, $832.95 9 1013456011, Miclo Properties LLC, Lot 39 Sanford's Sub, 351 W Main, 2311 Queen St, 91,530.00, $92,377.83, $847.83, $847.83, $847.83 1013456012, Specht, Timothy L, N 30' -Lot 38 Sanford's Sub, 8760 Kemp Court, 2307 Queen St, 79,370.00, $79,878.70, $508.70, $508.70, $508.70 1013456013, JG Investments LLC, S 20' -Lot 38 Sanford's Sub, 9120 Long Tail Ln, 2305 Queen St, 34,650.00, $34,989.13, $339.13, $339.13, $339.13 1013456014, Hess, Richard J & Nancy M, Lot 37 Sanford's Sub, 122 Princeton Place, 2301 Queen St, 77,610.00, $78,457.83, $847.83, $847.83, $847.83 1013456015, Duehr, Wendy J, Bal N 1/2 -Lot 43 Sanford's Sub, 2318 Prince Street, 2318 Prince St, 77,610.00, $78,031.88, $421.88, $421.88, $421.88 Regent Alley Prince Queen 1013462001, Lott, Allison Tharp & Michael, N 24' -Lot 47 Sanford's Sub, 2272 Prince, 2272 Prince St, 84,560.00, $84,966.96, $406.96, $406.96, $406.96 1013462002, Reiter, Michael J & Karen J, S 26' -Lot 47 Sanford's Sub, 2268 Prince, 2268 Prince St, 44,400.00, $44,840.87, $440.87, $440.87, $440.87 1013462003, Boxleiter, Daniel J & Christine, Lot 2-48 Sanford's Sub, 2150 Green, 2266 Prince St, 37,410.00, $37,760.66, $350.66, $350.66, $350.66 1013462004, Avenarius, Debra A & Kelleher, Terrance J, Lot 1-48 Sanford's Sub, 2264 Prince, 2264 Prince St, 86,640.00, $87,137.17, $497.17, $497.17, $497.17 1013462005, Neuhaus, Timothy J & Dress, Tracy, Lot 4-63 Sanford's Sub, 2260 Prince, 2260 Prince St, 59,890.00, $60,737.83, $847.83, $847.83, $847.83 1013462006, O'rourke, Kerry K & Humke, Jamie, Lot 3-63 Sanford's Sub, 2256 Prince Street, 2256 Prince St, 75,760.00, $76,607.83, $847.83, $847.83, $847.83 1013462007, Bisek, Francis, N 30' -Lot 2-63 Sanford's Sub, 2248 Prince Street, 2248 Prince St, 75,860.00, $76,368.70, $508.70, $508.70, $508.70 1013462008, Naber, Angel M, Lot 2 Of "Sub Of 1-63 & S 20'- 2-63" Sanford's Sub, 2242 Prince Street, 2242 Prince St, 80,200.00, $80,724.21, $524.21, $524.21, $524.21 1013462009, Unsen, Thomas P, Lot 1 Of "Sub Of 1-63 & S 20'- 2-63" Sanford's Sub, 2240 Prince Street, 2240 Prince St, 66,510.00, $66,914.87, $404.87, $404.87, $404.87 1013462010, Cc Investments LLC, Lot 1 Sacred Heart Place, 1330 Locust Street, 2217 Queen St, 450,290.00, $452,693.53, $2,403.53, $2,403.53, $2,403.53 1013462011, Holy Spirit Church Dubuque la., Lot 2 Sacred Heart Place, 1229 Mt Loretta Ave Po Box 479, 2219 Queen St, 0.00, $2,112.47, $2,112.47, $2,112.47, $2,112.47 Prince Queen 22d Alley 1013462012, K -Kids LLC, Lot 10 Sanford's Sub 607-609 E 22"d St, 1001 Fulton St, 607 E 22nd St, 93,860.00, $94,748.26, $888.26, $888.26, $888.26 1013462013, Willey, Robert C, Lots 1-9 & 2-9 Sanfords Sub, 2054 Northstar Dr., 601 E 22"d St, 105,120.00, $106,008.26, $888.26, $888.26, $888.26 1013462014, Thill, James J & Sandra K, Lot 8 Sanford's Sub, 531 East 22nd St, 531 E 22"d St, 80,750.00, $81,627.32, $877.32, $877.32, $877.32 1013462015, Billmeyer, Scott V & Tracey L, Lot 7 In Sanford's Sub., 527 East 22"d St, 527 E 22nd St, 70,240.00, $71,117.32, $877.32, $877.32, $877.32 1013462016, Spahn, Joseph W & Wulfekuhle, Sharon, Lot 2-6 Sanford's Sub, 2351 Springgreen Dr., 523 E 22"d St, 70,650.00, $71,055.32, $405.32, $405.32, $405.32 1013462017, Shannon, Ricky C, Lot 1-6 Sanford's Sub, 521 E 22nd St, 521 E 22nd St, 56,910.00, $57,387.88, $477.88, $477.88, $477.88 241 Regent Prince Windsor 10 1013457001, Doerr, William R, Lot 2-26 Sanfords Sub Lot 1-27 Sanfords Sub, 2702 Washington, 2310 Queen St, 76,690.00, $77,393.42, $703.42, $703.42, $703.42 1013457002, Rhone, Stacy L, Lot 28 Sanfords Sub, 2308 Queen Street, 2308 Queen St, 85,000.00, $85,847.83, $847.83, $847.83, $847.83 1013457003, Visser, Jo Nita, Lot 29 Sanfords Sub, 2306 Queen, 2306 Queen St, 100,120.00, $100,967.83, $847.83, $847.83, $847.83 1013457004, Liptak, Michelle M & Phillips, Kevin, N 1/2 Lot 30 Sanfords Sub, 2304 Queen Street, 2304 Queen St, 73,410.00, $73,833.92, $423.92, $423.92, $423.92 1013457005, Warczynski, Randy R & Ryan J, S 1/2 Lot 30 Sanfords Sub, 2300 Queen St, 2300 Queen St, 84,400.00, $84,823.92, $423.92, $423.92, $423.92 1013457006, Vondal, Renae A, Lot 2-22 Sanfords Sub Lot 1-1-23 Sanfords Sub, 620 E 24th St, 620 E 24th St, 70,520.00, $71,774.72, $1,254.72, $1,254.72, $1,254.72 1013457008, Kueter, Christopher M & Nicole, Lot 21 Sanfords Sub, 2307 Windsor Avenue, 2307 Windsor Ave, 110,340.00, $111,224.55, $884.55, $884.55, $884.55 1013457009, Greenwood, Steven R & Meg E, SW 34'3" of Lot 20 Sanfords Sub & Lots 2-1 & 2-2 Fisch-Schadle Place, 655 Regent, 655 Regent St, 41,730.00, $42,610.84, $880.84, $880.84, $880.84 7. Acceptance of Storm Sewer Easement- Greenfield Development, LLC: City Man- ager recommending acceptance of a storm sewer easement from Greenfield Develop- ment LLC for a proposed City storm sewer construction project across a part of Lot 2-1- 1-1-1-2 of Louis H. Walter Place, near 801 Cedar Cross Road. Upon motion the docu- ments were received and filed and Resolution No. 302-14 Accepting a Grant of Ease- ment for storm sewer through, over and across a part of Lot 2-1-1-1-1-2 of Louis H. Walter Place in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 302-14 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS A PART OF LOT 2-1-1-1-1-2 OF LOUIS H. WALTER PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Greenfield Development LLC has executed an Easement for Storm Sewer through, over and across a part of Lot 2-1-1-1-1-2 of Louis H. Walter Place in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Easement for Storm Sewer through, over and across a part of Lot 2-1-1-1-1-2 of Louis H. Walter Place in the City of Dubuque, Dubuque County, Iowa from Greenfield Development 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. Passed, approved and adopted this 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Acceptance of Storm Sewer Easement- Cedar Ridge Farm Place No. 3: City Man- ager recommending acceptance of a storm sewer easement from Julian G. Nemmers for a proposed City storm sewer construction project across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 near 801 Cedar Cross Road. Upon motion the documents were 11 received and filed and Resolution No. 303-14 Accepting a Grant of Easement for storm sewer through, over and across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 303-14 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS A PART OF LOT 2 OF 4 OF CEDAR RIDGE FARM PLACE NO. 3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Nemmers Cedar Ridge Farm Limited Partnership has executed an Ease- ment for Storm Sewer through, over and across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Easement for Storm Sewer through, over and across a part of Lot 2 of 4 of Cedar Ridge Farm Place No. 3 in the City of Dubuque, Dubuque County, Iowa from Nemmers Cedar Ridge Farm Limited Partnership, 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. Passed, approved and adopted this 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Timber Hyrst Estates No. 4- Accepting Culvert, Embankment and Storm Water Im- poundment Easement: City Manager recommending acceptance of a Grant of Ease- ment for Pipe Culvert, Embankment Slope, and Storm Water Impoundment from Gary Valentine as part of the Timber-Hyrst Estates No. 4 Project. Upon motion the docu- ments were received and filed and Resolution No. 304-14 Accepting the grant of a Cul- vert Pipe, Embankment Slope, and Storm Water Impoundment Easement through, over and across a part of Lot 1 of Valentine Place No. 3, in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 304-14 ACCEPTING THE GRANT OF A CULVERT PIPE, EMBANKMENT SLOPE, AND STORM WATER IMPOUNDMENT EASEMENT THROUGH, OVER AND ACROSS A PART OF LOT 1 OF VALENTINE PLACE NO. 3, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Gary Valentine has executed an Easement for Culvert Pipe, Embankment Slope, and Storm Water Impoundment, and Other Appurtenances through, under and across Lot 1 of Valentine Place No. 3, in the City of Dubuque, Dubuque County, Iowa. Said easement has been filed and recorded in the Dubuque County Recorder's Office as File Number 2014-00010335. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Culvert Pipe, Embankment Slope, and Storm Water Impoundment Easement through, over and across Lot 1 of Valentine Place No. 3, in the 12 City of Dubuque, Dubuque County, Iowa from Gary Valentine, a copy of which is at- tached 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 October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Gallagher Benefit Services Renewal: City Manager recommending approval of an Amendment to the Administrative Services Agreement with Gallagher Benefit Services for benefit consulting and actuarial services effective October 1, 2014, through June 30, 2016. Upon motion the documents were received, filed and approved. 11. Delta Dental Voluntary Dental Plan: City Manager recommending approval of the renewal rates with Delta Dental for the Voluntary Dental Plan beginning January 1, 2015 through December 31, 2015. Upon motion the documents were received, filed and ap- proved. 12. Case Management Workers' Compensation Claims: City Manager recommending approval to enter into an Agreement with Tri-State Occupational Health, L.L.C. effective October 6, 2014 through September 30, 2015 to provide case management of workers compensation claims and police and fire job related injuries and illnesses. Upon motion the documents were received, filed and approved. 13. Iowa Clean Air Attainment Program (ICAAP) Grant Application Midtown Loop (Grey Line) and Feeder (Express): City Manager recommending approval of an applica- tion for Iowa Clean Air Attainment Program (ICAAP) grant funds for the third year of the SmarterTravel: Midtown Loop (Grey Line) and Feeder (Express). It is further recom- mended that the City Council approve a resolution stating that it shall (1) commit the necessary local match funding for project implementation and (2) upon project comple- tion, commit to adequately maintaining and operating the routes through maintenance - level budgeting. Upon motion the documents were received and filed and Resolution No. 305-14 Endorsing the submission of an Iowa Clean Air Attainment Program (ICAAP) Grant application to the Iowa Department of Transportation to fund the Mid- town Loop (Grey Line) and Feeder (Express) Routes was adopted. RESOLUTION NO. 305-14 ENDORSING THE SUBMISSION OF AN IOWA CLEAN AIR ATTAINMENT PRO- GRAM (ICAAP) GRANT APPLICATION TO THE IOWA DEPARTMENT OF TRANS- PORTATION TO FUND THE MIDTOWN LOOP (GREY LINE) AND FEEDER (EX- PRESS) ROUTES Whereas, the Iowa Clean Air Attainment Program (ICAAP) provides funding for re- ducing congestion, reducing travel or single -occupant vehicle usage, and improving air quality; and Whereas, the ICAAP program is an 80/20 match, 80% federal funds, 20% local match funds; and Whereas, the City Council finds that the Midtown Loop (Grey Line) and Feeder (Ex- press) routes would promote clean air standards in Dubuque and provide a new form of public transit service for the citizens of Dubuque. 13 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 endorses the at- tached application to the Iowa Clean Air Attainment Program with match provided by the local colleges and universities. Section 2. The City also agrees to be responsible for adequately maintaining and op- erating the routes through maintenance level budgeting. Section 3. That the Transit Director is authorized to sign, on behalf of the City Coun- cil, the application for the ICAAP. Passed, approved and adopted this 6th day of October, 2014. Roy D Buol, Mayor Attest: Kevin S Firnstahl, City Clerk 14. Letter of Support. Regional Conservation Partnership Program: City Manager recommending approval of a letter of support for the Regional Conservation Partnership Program. Upon motion the documents were received, filed and approved. 15. Alternative Services Concepts Workers' Compensation Administration Renewal Rates: City Manager recommending approval of renewal rates with Alternative Services Concepts for workers' compensation claims administration for October 1, 2014 through September 30, 2015. Upon motion the documents were received, filed and approved. 16. EDA Grant Authorized Representative- Upper Bee Branch Creek Restoration Project: City Manager recommending approval to establish the City Manager as an Au- thorized Representative with the authority to execute and deliver documents as neces- sary in order for the City to receive U.S. Economic Development administration Disaster Relief Program funds for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 306-14 Establishing the City Manager as an Authorized Representative regarding the agreement between the U.S. Department of Commerce's Economic Development Administration and the City of Dubuque, Iowa for the Upper Bee Branch Creek Restoration was adopted. RESOLUTION NO. 306-14 ESTABLISHING THE CITY MANAGER AS AN AUTHORIZED REPRESENTATIVE REGARDING THE AGREEMENT BETWEEN THE U.S. DEPARTMENT OF COM- MERCE'S ECONOMONIC DEVELOPMENT ADMINISTRATION AND THE CITY OF DUBUQUE, IOWA FOR THE UPPER BEE BRANCH CREEK RESTORATION Whereas, a Federal Disaster Declaration was issued on August 30, 2011 for Dubu- que County due to flash flooding following rainfall totaling nearly fourteen inches in a ten hour period; and Whereas, the U.S. Economic Development Administration (EDA) announced the availability of disaster mitigation funding for cities and counties that received a Federal Disaster Declaration in 2011; and Whereas, the City of Dubuque submitted an application for funding to the EDA for the Upper Bee Branch Creek Disaster Resiliency Project; and Whereas, the EDA approved the City's application for the Upper Bee Branch Creek Disaster Resiliency Project on August 8m, 2013 in the amount of $1,227,138; and Whereas, the City of Dubuque executed an agreement with the EDA on August 19, 2013. 14 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: The City Manager is hereby authorized to act as an authorized representative on the Economic Development Administration grant agreement and may execute any docu- ments required by the agreement as the Economic Development Administration may reasonably request. Passed, approved and adopted this 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Express Scripts Agreement: City Manager recommending approval of a new Em- ployer Participation Agreement with Express Scripts effective January 1, 2014 to De- cember 31, 2014. Upon motion the documents were received, filed and approved. 18. Shepherd, Inc., Iowa Economic Development Authority (IEDA) Settlement: City Manager recommending approval of the execution of a Settlement Agreement between the Iowa Economic Development Authority, Shepherd, Inc. and the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 307-14 Author- izing the execution of a Settlement Agreement for CEBA Loan Agreement 04-CEBA-05 by and between the Iowa Economic Development Authority, Shepherd, Inc., and the City of Dubuque was adopted. RESOLUTION NO 307-14 AUTHORIZING THE EXECUTION OF A SETTLEMENT AGREEMENT FOR CEBA LOAN AGREEMENT 04-CEBA-05 BY AND BETWEEN THE IOWA ECONOMIC DE- VELOPMENT AUTHORITY, SHEPHERD, INC., AND THE CITY OF DUBUQUE Whereas, in 2003 the City Council of the City of Dubuque approved an application to the Iowa Economic Development Authority (IEDA) for CEBA funding from Shepherd, Inc. (Shepherd), a company in the copy-editing and book production industry; and Whereas, the IEDA awarded Shepherd a $75,000 low-interest loan and a $25,000 forgivable loan pursuant to the terms of CEBA Loan Agreement 04-CEBA-05, dated Oc- tober 16, 2003 (the Agreement), to which the City of Dubuque (City) was also a party. The Agreement stipulated the creation of 39 FTE positions in addition to Shepherd's ex- isting 5 FTE positions, over a 10 -year compliance period; and Whereas, because of technology that brought wide -sweeping changes in the entire industry, Shepherd did not have the full number of FTE positions in place at the end of the compliance period, and IEDA deemed the project in default of the terms of the Agreement and requested repayment of the $25,000 forgivable loan; and Whereas, Shepherd and IEDA have agreed to a repayment of half of the original amount, $12,500, as set forth in the attached Settlement Agreement; and Whereas, Shepherd has paid the $12,500 repayment to IEDA; and Whereas, IEDA has requested that City approve the Settlement Agreement, with no additional cost to City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The Settlement Agreement is hereby approved. 2. The City Manager is authorized and directed to sign the Settlement Agreement on behalf of the City of Dubuque. 15 Passed, approved and adopted this 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Bus Operator, Horticulturelist, Lead Mechanic and Maintenance Worker. Upon motion the documents were received, filed and made a Matter of Record. October 23, 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 Bus Operator was administered on August 19, 2014. We hereby certify that the indi- viduals listed below have passed this written examination and the vacancy for this posi- tion should be filled from this list and that this list is good for two (2) years from above date. Bus 1 Steven Jochum 2 Justin Licht 3 Mark Pillard 4 Ann Skemp 5 Clay Wilwert 6 Paul Bartlett 7 David Hanson 8 Eugene Hohmann 9 Douglas Kuehn 10 Chris Cullen Operator 11 Robert Meloy 12 Lawrence Brooks 13 Michael Feltes 14 Jason Hardtke 15 James Poll 16 Robert Grant 17 Steven Ough 18 Mark Welbes 19 Linda Langkamp 20 Barry Gibson Eligible Employee: Joyce Lucas Respectfully submitted, /s/Dan White, Chairman Civil Service Commission September 22, 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 Horticulturist was administered on August 26, 2014. We hereby certify that the individuals listed below have passed this promotional 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. Horticulturist 1 Kelly Goossen 2 Jeff Ahlers 3 Lucas Gonyier 4 Tim Lattner 5 Sharon Gaul 6 Barbara Liska 16 Respectfully submitted, /s/Daniel White, Chairperson Civil Service Commission September 22, 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 Lead Mechanic was administered on August 27, 2014. We hereby certify that the in- dividuals listed below have passed this written examination and the vacancy for this po- sition should be made from this list and that this list is good for two (2) years from above date. Lead Mechanic 1 Terry Gansen 7 Joseph Merfeld 2 Alan Vondran 8 Darren Steil 3 Randall Lester 9 Michael Kemp 4 Robert Benn 10 Francis Thomas 5 David Nauman 11 William Kane 6 George Flanagan, Jr. 12 Patrick Redfearn 13 John Smith 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 certi- fy 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 6 Mark Meyer 2 Jerome Ben 7 Jayson Freiburger 3 Dave Hanson 8 Randall Sertle 4 Richard Zeller 9 James Smith 5 Lucas Gonyier 10 Terry Leibold Eligible Employee: Kevin Sweeney, Paul Herman, Marty Baumgartner Respectfully submitted, Dan White, Chairman Civil Service Commission 20. Mystique Casino- Request to Repair Sidewalks, Resealing and Painting of Deco- rative Concrete: City Manager recommending approval of a request from Mystique Ca- sino President and CEO Jesus Aviles to use the Depreciation and Improvement Fund and to do some sidewalk and entryway improvements. Upon motion the documents were received, filed and approved. 17 21. Mississippi River Cities and Towns Initiative: City Manager transmitting infor- mation from the Mississippi River Cities and Towns Initiative annual meeting held Sep- tember 16-18, 2014. Upon motion the documents were received and filed. 22. Mississippi River Sustainable Development Fund: City Manager transmitting in- formation on the Mississippi River Sustainable Development Fund announcing major sustainable efforts to promote Mississippi River commerce and health. Upon motion the documents were received and filed. 23. Linseed Oil - Assignment of Development Agreement: City Manager recommend- ing approval of the assignment of the Development Agreement with Wilmac Property Company to Betty Building, LLC for the property located at 151 East 9th Street. Upon motion the documents were received and filed and Resolution No. 308-14 Approving the assignment of the Development Agreement between the City of Dubuque and Wil - mac Property Company from Wilmac Property Company to Betty Building, LLC was adopted. RESOLUTION NO. 308-14 APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND WILMAC PROPERTY COMPANY FROM WILMAC PROPERTY COMPANY TO BETTY BUILDING, LLC. Whereas, the City Council of the City of Dubuque, by Resolution No. 95-13, dated March 18, 2013 entered into a Development Agreement with Wilmac Property Company (Developer), and Whereas, pursuant to the Development Agreement Developer is required to provide certain improvements to real estate owned by Wilmac Property Company, known locally as Linseed Oil Paintworks Company Building located at 151 East 9th Street, Dubuque, Iowa (the Property); and Whereas, in order to facilitate rehabilitation of the Property, and in particular to ac- commodate the use of historic tax credits, the Property will be or has been deeded to Betty Building, LLC, an Iowa limited liability company; and Whereas, Developer desires to assign the Development Agreement to Betty Building, LLC pursuant to the Assignment attached hereto in order to facilitate the rehabilitation of the Property; 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 approved. 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 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. Linseed Oil. Assignment of CDBG Subrecipient Agreement: City Manager rec- ommending approval of a Subrecipient Agreement with Wilmac Property Company to facilitate the redevelopment of the Linseed Oil Paintworks Building at 901 Jackson Street. Upon motion the documents were received and filed and Resolution No. 309-14 18 Approving the assignment of the Community Development Block Grant (CDBG) Hous- ing Disaster Recovery Fund Contract Subrecipient Agreement between the City of Dubuque and Wilmac Property Company, from Wilmac Property Company to Merrimac Restoration, Inc., was adopted. RESOLUTION NO. 309-14 APPROVING THE ASSIGNMENT OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING DISASTER RECOVERY FUND CONTRACT SUBRECIPI- ENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND WILMAC PROPERTY COMPANY, FROM WILMAC PROPERTY COMPANY TO MERRIMAC RESTORA- TION, INC. Whereas, Wilmac Property Company is the owner of the Linseed Oil Paintworks Company Building at 151 E. 9th Street in Dubuque, Iowa; and Whereas, the Iowa Economic Development Authority amended CDBG Contract #08- DRH-212 dated June 19, 2013 between the City of Dubuque and the Iowa Economic Development Authority to authorize $2,248,890 of CDBG Housing Disaster Recovery Funds for the Linseed Oil Paintworks Company Building to assist in the funding of resi- dential rehabilitation; and Whereas, on September 15, 2014, the City Council of the City of Dubuque approved a Subrecipient Agreement between the City of Dubuque and Wilmac Property Compa- ny; and Whereas, Wilmac Property Company is now creating a special purpose entity, Mer- rimac Restoration, Inc., an Iowa business corporation, to manage the Linseed Oil Paintworks project; and Whereas, Wilmac Property Company desires to assign the Subrecipient Agreement to Merrimac Restoration, Inc. pursuant to the Assignment attached hereto to facilitate the project; and Whereas, the City Council finds that the proposed Assignment 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: Section 1. The Assignment of the Subrecipient Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Assignment on behalf of the City of Dubuque. Passed, approved and adopted this 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 25. Business License Refund: Request from Molo Oil for a refund of the Tobacco Permit DBQ-024-15 for Puff -N -Snuff located at 1101 Rhomberg Ave. Upon motion the documents were received, filed and approved. 26. Alcohol and Tobacco License Applications: City Manager recommending approv- al of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 310-14 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code 19 of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Arti- cle B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 311-14 Approv- ing applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 310-14 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. 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 Carlos O'Kelly's 1355 Associates Dr. Class C Liquor (Catering) (Sunday) Crust Italian Kitchen 299 Main St. Class C Liquor, Class B Wine (Catering) (Outdoor) (Sunday) Dog House Lounge 1646 Asbury Rd. Class C Liquor (Outdoor) (Sunday) Fiesta Cancun Authentic Mexican Restaurant 2515-1 NW Arterial Class C Liquor (Outdoor) (Sunday) Friendlylocust Mart 408 West Locust St. Class C Beer (Sunday) Grand Tap The 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 (Sunday) Loras College - Athletic and Wellness Center 1600 Cox St. Class C Liquor (Catering) (outdoor) (Sunday) Manna Java World Cafe 700 Locust St. Class C Liquor (Sunday) Premise Update/Transfer Hilton Garden Inn 1801 Greyhound Park Dr. Class B Liquor Hy -Vee #1 Club Room 3500 Dodge St to 800 Main St. Special Class C (Sunday) Adding Privilege Holy Spirit Church 2981 Central Ave. Class B Native Wine Passed, approved and adopted this 6"' day of October, 2014. Attest: Kevin S. Firnstahl, City Clerk 20 Roy D. Buol, Mayor RESOLUTION NO. 311-14 APPROVING APPLICATIONS FOR RETAIL 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. MoonDog Music 806 Wacker Dr. #120 Passed, approved and adopted this 6th day of October, 2014. Roy Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7-0. 1. Linseed Oil Amendment to Development Agreement 10/20/14: City Manager rec- ommending that a public hearing be set for October 20, 2014, on amending the Devel- opment Agreement with Wilmac Property Company for the property located at 151 East 9th Street. Upon motion the documents were received and filed and Resolution No. 312-14 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 Obligations and the execution of an Amendment to the Development Agreement between the City of Dubuque, Iowa and Betty Building, LLC, 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 October 20, 2014 in the Historic Federal Building. RESOLUTION NO. 312-14 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 OBLIGATIONS AND THE EXECUTION OF AN AMEND- MENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND BETTY BUILDING, LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque (City) and Wilmac Property Company (Wilmac) en- tered into a Development Agreement on March 7, 2013 for the rehabilitation of the Lin- seed Oil Paintworks Company Building located at 151 East 9th Street, Dubuque, Iowa (the Property); and Whereas, the Development Agreement was assigned by Wilmac to Betty Building, LLC (Betty) to facilitate the rehabilitation of the Property; and 21 Whereas, Betty has requested certain amendments to the Development Agreement set forth in the First Amendment to Development Agreement attached hereto, including authorizing an increase in the Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, for the purpose of carrying out the reha- bilitation of property located at 151 East 9th 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 authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent authorize Urban Renewal Tax Increment Revenue obliga- tions, to be held on the 20th day of October, 2014, at 6:30 o'clock p.m. in the City Coun- cil 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 approving the First Amendment to Development Agreement and authorizing an increase in the Urban Renewal Tax Increment Revenue obligations relating thereto, the proceeds of which obligations will be used to carry out certain of the special financ- ing activities described in the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Betty Building, LLC pursuant to the Development Agreement, as amended, under the terms and conditions of said West 11th Street Urban Revitalization District Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations is approximately $1,240,000. 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, pub- lished 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 issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. 911 High Bluff Retaining Wall Project 11/3/14: City Manager recommending au- thorization for the public hearing procedure and special assessment process for the 911 High Bluff Retaining Wall Repair Project, and further recommends that a public hearing be set for November 3, 2014, to approve the final assessment process. Upon motion the documents were received and filed and Resolution No. 313-14 Setting date of public hearing on special assessment was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 3, 2014 in the Historic Federal Building. RESOLUTION NO. 313-14 911 HIGH BLUFF STREET RETAINING WALL REPAIR PROJECT SETTING DATE OF PUBLIC HEARING ON SPECIAL ASSESSMENT 22 Whereas, Christopher J. Blakeman and Heather M. Haley (the Property Owners) are the owners of 911 High Bluff Street, legally described as LOTS 42 & 43 HOOPER ADDITION; and Whereas, the Property Owners were notified on October 1, 2008 of the City of Dubu- que's intention to move forward with an emergency repair of an unsafe retaining wall on their property adjacent to Thomas Place; and Whereas, based on Iowa Code § 364.12(3)(c)(h), and through the competitive quota- tion process for public improvements, this project was awarded on October 20, 2008 to Arensdorf Trucking & Excavating, Inc. of Anamosa, Iowa. The final cost for the project including construction, engineering and inspection was $139,739.23; and Whereas, the Engineering Department and the City Attorney's office have determined the wall serves both a private and public purpose and the costs should be shared equal- ly between the City and Property Owners; and Whereas, the Property Owners' proposed assessment is $69,869.61. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing is hereby set for the 3rd day of November, 2014, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may ap- pear and be heard for or against the proposed special assessment on 911 High Bluff Street for a retaining wall repair. The City Clerk 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 special assessment on 911 High Bluff Street. Passed, adopted and approved this 6th day of October, 2014. 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. Community Development Advisory Commission: One, 3 year term through February 15, 2016 (Vacant term of Corken). Applicant: Michelle Hinke, 973 Patricia Ann Dr. Environmental Stewardship Advisory Commission: One, 3 year term through October 1, 2017 (Vacant term of Bergum). Applicant: Lalith Jayawickrama, 2360 Cherry St. Mr. Jayawickrama spoke in support of his appointment. Appointment was made to the following commission: Airport Commission: Two, 4 -year terms through September 14, 2018 (Expiring terms of Accinelli and Daoud). Applicants: Steven Accinelli, 3007 Huntington Dr.; R.J. Blocker, 880 Kane St.; Dan Nicholson, 889 Walker St. Upon roll call vote: Accinelli-6 (Sutton, Braig, Buol, Connors, Jones, Lynch); Blocker -6 (Resnick, Sutton, Braig, Buol, Connors, Jones); and Nicholson -2 (Resnick, Lynch), Steven Accinelli and R. J. Blocker were ap- pointed to 4 year terms through September 14, 2018. 23 PUBLIC HEARINGS Upon motion, the rules were suspended allowing anyone present to address the City Council on the following items. 1. Upper Bee Branch Creek Restoration Project- 429 Rhomberg Avenue Stabilization Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch Creek Restoration Project- 429 Rhomberg Avenue Stabilization Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and ap- prove Resolution No. 314-14 Approval of plans, specifications, form of contract, and es- timated cost for the 429 Rhomberg Stabilization Project. Seconded by Jones. Planning Services Laura Carstens and Civil Engineer Deron Muehring responded to questions from the City Council regarding funding requirements, historic designation, and rehabili- tation/deconstruction options and appeal. Motion carried 5-2 with Lynch and Resnick voting nay. RESOLUTION NO. 314-14 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE 429 RHOMBERG STABILIZATION 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 429 Rhomberg Stabilization Project, in the estimated amount $255,881.00, are hereby approved. Passed, adopted and approved this 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Rockfarm Holdings, Inc. - Development Agreement and Property Acquisition: Proof of publication on notice of public hearing to consider approval of a Development Agreement between the City of Dubuque and Rockfarm Holdings, Inc., and for the ac- quisition of 4.28 acres in the Dubuque Technology Park Economic Development Dis- trict, and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 315-14 Approving a Development Agreement by and between the City of Dubuque, Iowa and Rockfarm Holdings, Inc. providing for the sale of Lot 7 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 315-14 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND ROCKFARM HOLDINGS, INC. PROVIDING FOR THE SALE OF LOT 7 BLOCK 2 OF DUBUQUE TECHNOLOGY PARK IN THE CITY OF DUBU- QUE, IOWA Whereas, the City Council, by Resolution No. 293-14, dated September 15, 2014, declared its intent to enter into a Development Agreement with Rockfarm Holdings, Inc. for the sale of Lot 7 Block 2 of Dubuque Technology Park In the City of Dubuque, Iowa (the Property); and 24 Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on October 6, 2014 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 the sale to and development of the Property by Rockfarm Holdings, Inc. 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 Agreement by and between the City of Dubuque and Rockfarm Holdings, Inc., a copy of which is attached hereto, including the sale of Lot 7 Block 2 of Dubuque Technology Park In the City of Dubuque, Iowa, is hereby ap- proved. Section 2. That the Mayor is hereby authorized and directed to execute the Devel- opment 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 exe- cute and deliver a Special Warranty Deed for the Property as provided in the Develop- ment Agreement. Section 4. That the City Manager is authorized 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 October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. English Mill Water Main Extension Project. Approval of Specifications (Tabled from September 15, 2014): City Manager recommending approval of the plans, specifica- tions, form of contract and the estimated cost for the English Mill Road Water Main Ex- tension Project. Motion by Jones to remove from the table. Seconded by Resnick. Mo- tion carried 7-0. Motion by Jones to receive and file the documents and adopt Resolution No. 316-14 Approval of specifications, form of contract, and estimated cost for the English Mill Wa- ter Main Extension Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 316-14 CITY OF DUBUQUE, IOWA WATER DEPARTMENT ENGLISH MILL WATER MAIN EXTENSION PROJECT APPROVAL OF SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE ENGLISH MILL WATER MAIN EXTENSION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, and form of contract now on file with the of- fice of City Clerk and estimated cost for the English Mill Water Main Extension Project, in the amount of $796,800.00, are hereby approved. 25 Passed, adopted and approved this 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. English Mill Road Pumping Facility Project. Approval of Specifications (Tabled from September 15, 2014): City Manager recommending approval of the plans, specifi- cations, form of contract and the estimated cost for the English Mill Road Pumping Fa- cility Project. Motion by Connors to remove from the table. Seconded by Lynch. Motion carried 7-0. Motion by Connors to receive and file the documents and adopt Resolution No. 317- 14 Approval of specifications, form of contract, and estimated cost for the English Mill Road Pumping Facility Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 317-14 CITY OF DUBUQUE, IOWA WATER DEPARTMENT ENGLISH MILL ROAD PUMP- ING FACILITY PROJECT APPROVAL OF SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATED COST FOR THE ENGLISH MILL ROAD PUMPING FACIL- ITY PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, and form of contract now on file with the of- fice of City Clerk and estimated cost for the English Mill Road Pumping Facility Project, in the amount of $1,232,050.00, are hereby approved. Passed, adopted and approved this 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. English Mill Road Water Main Extension Project Award: City Manager recommend- ing award of the contract for the English Mill Road Water Main Extension Project to the low bidder, McClain Excavating Company, Inc. Motion by Jones to table until the Octo- ber 20, 2014 meeting. Seconded by Braig. Motion carried 7-0. 4. English Mill Road Pumping Facility Project Award: City Manager recommending award of the English Mill Road Pumping Facility Project contract to the only bidder, Portzen Construction, Inc. Motion by Braig to table to the October 20, 2014 meeting. Seconded by Resnick. Motion carried 7-0. 5. Kunkel & Associates, Inc., Urban Revitalization Application: City Manager recom- mending approval of a resolution authorizing the submission of a Business Financial Assistance Application by Kunkel & Associates, Inc., to the Iowa Economic Develop- ment Authority. Motion by Lynch to receive and file the documents and adopt Resolution No. 320-14 Authorizing the filing of an application for state business financial assistance on behalf of Kunkel & Associates, Inc. Seconded by Connors. Motion carried 6-0. (Jones having left the room at 7:55 — 7:57 p.m.) RESOLUTION NO. 320-14 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINAN- CIAL ASSISTANCE ON BEHALF OF KUNKEL & ASSOCIATES, INC. 26 Whereas, Kunkel & Associates, Inc. is the owner of Lot 6 Block 2 in Dubuque Tech- nology Park where Kunkel Bounds & Associates, Inc. constructed its facility and oper- ates its business; and Whereas, Kunkel & Associates, Inc. has proposed making an additional $2,245,000 investment in its property in Dubuque Technology Park (the Project); and Whereas, the City Council of Dubuque, Iowa has considered the Project and has de- termined that the Project will contribute to the local economy in Dubuque County through the creation and retention of eighteen jobs; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa must provide local sponsorship on behalf of Kunkel & Associates, Inc. for its Business Financial Assistance Application with the Io- wa Economic Development Authority. 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 De- velopment Authority's Financial Assistance Program on behalf of Kunkel & Associates, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That a ten year partial tax abatement financing local match identified in the Application may be provided to Kunkel & Associates, Inc., subject to further action by the City Council. Section 3. That the Mayor is hereby authorized 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 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Code of Ordinances Amendment- Title 2 Arts and Cultural Affairs Advisory Com- mission: City Manager approval of an ordinance which repeals Title 2, Chapter 8 Arts and Cultural Affair Advisory Commission and adoption of a new Title 2, Chapter 8 which establishes the Arts and Cultural Affairs Advisory Commission and provides for the powers, operation, membership and meetings. 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 Braig. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 59-14 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by re- pealing Chapter 8 Arts and Cultural Affairs Advisory Commission and adopting a new Chapter 8 Arts and Cultural Affairs Advisory Commission in lieu thereof establishing the Arts and Cultural Affairs Advisory Commission and providing for the powers, operation, membership, and meetings. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 59-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS BY REPEALING CHAPTER 8 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION AND ADOPTING A NEW CHAPTER 8 ARTS AND CUL- TURAL AFFAIRS ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING 27 THE ARTS AND CULTURAL AFFAIRS 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 8 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: Chapter 8 ARTS AND CULTURAL AFFAIRS ADVISORY COMMISSION 2-8-1: COMMISSION CREATED: There is hereby created the Arts and Cultural Af- fairs Advisory Commission. 2-8-2: PURPOSE: The purpose of the commission is to build the community through arts and cultural programs by developing visibility, funding, audiences, information, and partnerships. The commission plans, promotes, and encourages programs to further public awareness of, accessibility to, participation in, and support for the artistic and cul- tural development of the city and makes recommendations to the city council regarding the establishment of arts and cultural policies and programs, the expenditure of budget- ed funds on arts and cultural activities, and the implementation of programs. 2-8-3: 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. 2-8-4: Procedures for Operation: All administrative, personnel, accounting, budget- ary, and procurement policies of the city govern the commission in all its operations. 2-8-5: MEMBERSHIP: A. The commission comprises seven (7) residents of the city, appointed by the city council. B. Special Qualifications: 1. Four (4) members must have significant knowledge and demonstrate interest in one or more areas of the arts including music, dance, literature, visual arts, thea- ter, folk arts, media arts, design, or arts education. 2. Two (2) members must be from the business and professional community, one (1) of whom lives or works in the cultural and entertainment district. 3. One (1) member must be at -large who lives or works outside the cultural and entertainment district. 2-8-6: 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. 2-8-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. 2-8-8: Vacancies: Vacancies must be filled in the same manner as original appoint- ments. 2-8-9: Officers/Organization: The commissioners must choose annually a chairperson and vice -chairperson, each to serve a term of one (1) year. The chairperson must ap- point 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. 2-8-10: MEETINGS: A. Regular Meetings: The commission must meet on the fourth (4th) Tuesday of each month. 28 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 ab- sence 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. 2-8-11: Compensation: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on offi- cial commission business within the limits established in the city administrative policies and budget. 2-8-12: Removal: The city council may remove any commissioner for cause upon written charges and after a public hearing. 2-8-13: POWERS: The commission has the following powers, duties, and responsibil- ities: A. To promote, educate, and create awareness for arts and cultural activities; B. To develop and increase the market for arts and cultural activities; C. To facilitate and convene partnerships for arts and cultural activities; D. To develop funding options and allocate budgeted funding for arts and cultural ac- tivities; E. To act in an advisory capacity to the city council in all matters pertaining to the arts and cultural environment; F. To make recommendations to the city council on the allocation of budgeted city funding for arts programs and services; G. To recommend applications and solicitations for grants, gifts, and donations from individuals, groups, organizations, and agencies, both private and public, for any pur- pose consistent with the purposes of the commission; H. To make recommendations regarding city sponsorship of public programs to fur- ther the development of public awareness of and accessibility to arts and culture pro- grams and activities; I. To work with area organizations on broad community issues in which a cultural perspective is relevant and desirable; and J. To engage in comprehensive planning for the cultural development of the city. 2-8-14: COOPERATION WITH OTHER AGENCIES: The commission cooperates with other arts and culture groups interested in the promotion and implementation of arts and cultural activities which are in the best interest of the city. 2-8-15: SOLICITATION AND ACCEPTANCE OF DONATIONS: The commission may solicit and otherwise accept donations and gifts of money, personal and real property, and personal services on behalf of the city. All such donations and gifts received be- come the property of the city for the general use or support of arts and cultural pro - 29 grams as determined by the city council unless such items have been designated by the donor for specific purposes. Section 2. Nothing herein effects the term of any person serving as a member of the commission as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 6th day of October, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 10th day of October, 2014. /s/Kevin S. Firnstahl, City Clerk 7. Code of Ordinances Amendment Title 5 Transit Advisory Board: City Manager recommending approval of an amendment to Code of Ordinances, Title 5 Transit Advi- sory Board that provides for additional definitions as recommended by the Federal Transit Administration. 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. Se- conded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 60-14 Amending City of Dubuque Code of Ordinances Title 5 Transit System, Chapter 1 Transit Advisory Board; General Provisions, Section 5-1-14 Fare Increase or Reduction in Service, Procedure by adding the definition for Substantial Reduction in Service. Se- conded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 60-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 5 TRANSIT SYS- TEM, CHAPTER 1 TRANSIT ADVISORY BOARD; GENERAL PROVISIONS, SEC- TION 5-1-14 FARE INCREASE OR REDUCTION IN SERVICE, PROCEDURE BY ADDING THE DEFINITION FOR SUBSTANTIAL REDUCTION IN SERVICE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 5-1-14 of the City of Dubuque Code of Ordinances is hereby amended as follows: 5-1-14: Fare Increase or Reduction in Service, Procedure: A. Definitions: The following words and phrases, when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section: SUBSTANTIAL REDUCTION IN SERVICE: 1. Routes: Elimination of a route; 2. Service Hours: Reduction of ten percent (10%) of service hours of a route; 3. Service Miles: Reduction of ten percent (10%) of service miles of a route; and/or 4. Bus Stops: Elimination of one (1) or more stops on a route that would result in a greater than one-fourth (1/4) mile walking distance between bus stops. B. Public Hearing: Prior to the adoption of any fare increase or a substantial reduction in service by the city council, the city council must set a time and place for public hear- ing on such proposed fare increase or reduction in service, and must cause a notice of the time and place of such hearing to be published in a newspaper of general circulation 30 in the city not less than four (4) nor more than twenty (20) days prior to such hearing. All notices must comply with all federal, state, and local regulations. C. Contents of Notice: The notice must state the time and place of hearing, include a summary of the proposed fare increase or reduction in service level, indicate who the increase or reduction will affect, indicate the date the increase or reduction will take ef- fect, and request that interested persons comment, in writing filed with the city clerk pri- or to the time of the public hearing or in person at the public hearing, on the proposed increase or reduction. The notice must also state that any comments submitted will be considered by the city council, and that following the public hearing, the city council will act to adopt, modify or reject the proposed fare increase or reduction in service. All no- tices must comply with all federal, state, and local regulations. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 6th day of October, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 10th day of October, 2014. /s/Kevin S. Firnstahl, City Clerk 8. Four Mounds HEART Program Memorandum of Understanding: City Manager recommending approval of a Memorandum of Understanding between the City of Dubuque's Housing and Community Development Department and Four Mounds Foun- dation for the Housing Education and Rehabilitation Training (HEART) Program. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Connors. Housing and Community Development Director Alvin Nash providing in- formation on property ownership and the various funding sources related to the pro- gram. Motion carried 7-0. 9. Home Base Iowa Business: City Manager recommending approval for the City of Dubuque becoming a Home Base Iowa Business and authorize the City Manager to sign the agreement. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7-0. 10. Hass Institute- Local and Regional Government Alliance on Race and Equity: City Manager recommending approval for the City of Dubuque to enter into a Memorandum of Agreement with the Haas Institute and to join the Local and Regional Government Alliance on Race and Equity. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Human Rights Director Kelly Larson provided background information related to the selection of the Hass Institute. Motion carried 7-0. 11. Final Plat of English Ridge Subdivision No. 6: City Manager recommending ap- proval of the final plat of English Ridge Subdivision No. 6. Motion by Connors to receive and file the documents and adopt Resolution No. 321-14 Authorizing approval of the Fi- nal Plat of English Ridge Subdivision No. 6 in the City of Dubuque, Iowa. Seconded by Lynch Motion carried 7-0. 31 RESOLUTION NO. 321-14 AUTHORIZING APPROVAL OF THE FINAL PLAT OF ENGLISH RIDGE SUBDIVI- SION NO. 6 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of English Ridge Sub- division No. 6 in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Stone Valley Drive (Lot A), South Cavendish Lane (Lot B), North Cavendish Lane (Lot C) and Shrewsbury Lane (Lot D) together with certain public utility, storm sewer and water main 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 Commis- sion 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 examined 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 completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Stone Valley Drive (Lot A), South Cavendish Lane (Lot B), North Cavendish Lane (Lot C) and Shrewsbury Lane (Lot D) 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 English Ridge Subdivision No. 6 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the ap- proval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance of the attached conditions and further agree: (a) To reduce Stone Valley Drive (Lot A), South Cavendish Lane (Lot B), North Cavendish Lane (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 accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction 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 individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting, fiber optic conduit and vaults, and ero- sion control devices all in accordance with the City of Dubuque standard specifica- tions in a manner acceptable to the City Engineer, and in accordance with con- struction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (c) To construct accessible sidewalk ramps at the intersections of Stone Valley Drive with South Cavendish Lane, North Cavendish Lane, and at the intersection of North Cavendish and Shrewsbury Lane all in accordance with the City of Dubu- que standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. 32 (d) To construct the improvements outlined in (a), (b) and (c) 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), (b) and (c) above for a period 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 performance of the foregoing conditions specified in Section 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, excluding 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 control measures, as approved by the City Engineer, have been installed on the remaining 20% of the said lots. Ac- ceptance of the detention facility must be approved by the City Council as required by the Unified Development 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 as- sessed against the property owners, except the City of Dubuque, of all phases of Eng- lish 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 prompt- ly certify such costs to the Dubuque County Treasurer, and such costs shall then be col- lected with and in the same manner as general property taxes in accordance with provi- sions 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 approved improvement plans and City stand- ards and specifications and accepted by City Council Resolution. Section 7. That in the event English Ridge, 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 acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 6th day of October, 2014. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk 33 ACCEPTANCE OF RESOLUTION NO. 321-14 I, the undersigned, Larry McDermott, representing English Ridge, LLC, having read the terms and conditions of the Resolution No. 321-14 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 2014. /s/Larry McDermott 12. East Dubuque Ambulance Assist- Medical Aid Agreement: City Manager recom- mending approval of an agreement for Paramedic Services with the City of East Dubu- que, Illinois. Motion by Jones to receive and file the documents and approve the rec- ommendation. Seconded by Braig. Motion carried 7-0. 13. Request for Work Session- Dubuque Metropolitan Area Solid Waste Agency (DMASWA): City Manager requesting that the City Council schedule a. Work Session for Monday, October 20, at 5:30 p.m. regarding the Dubuque Metropolitan Area Solid - Waste Agency's (DMASWA) overview of current Agency operations, plans for the fu- ture, and need to borrow monies for upcoming capital projects. Motion by Connors to receive and file the documents and set the work session as recommended. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Braig acknowledged members of Boy Scout Troop #94 who were in attendance. City Manager Van Milligen reported on his opportunity to read that last letter and Christmas card sent home by Chaplain Aloysius H. Schmitt during VWVII and on the ef- forts of Assistant City Manager Teri Goodmann to have the Congressional Medal of Honor posthumously awarded to Chaplain Schmitt for his heroism at Pearl Harbor. PUBLIC INPUT Marvin Ney, 10973 Songbird Drive, Peosta, reported on his pride in the Dubuque community and how he attributes the success and expansion of his local business, Par- amount Ambulance, to Dubuque's success. There being no further business, upon motion the City Council adjourned at 8:25 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 34