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7 6 15 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on July 6, 2015 in the th Historic Federal Building, 350 W. 6 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 closed session pursuant to Chapter 21.5(1)(i) Code of Iowa. CLOSED SESSION Professional Evaluation(s) – Chapter 21.5(1)(i) Code of Iowa Motion by Jones to convene in closed session at 5:32 p. m. to conduct professional evaluations pursuant to Chapter 21.5(1)(i) Code of Iowa. Seconded by Braig. Motion carried 7-0. Upon motion the City Council reconvened in open session at 6:28 p.m. stating that the evaluations were completed. There being no further business, upon motion the City Council adjourned at 6:29 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 6, 2015 in the th Historic Federal Building, 350 W. 6 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 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. The City Clerk corrected the address for item #22 Acceptance of Grant of Easement at 1411 N. Grandview Ave. Motion carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 6/23; City Council Proceedings of 6/15; Civil Service Commission of 6/22; Community Development Advisory Commission of 6/17; Housing Code Appeals Board of 5/19; Li- brary Board of Trustee Update of 5/28; Proof of publication for City Council Proceedings of 6/1. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Eric Evers for vehicle damage; Shane Flesher for property damage; Ashley Kohnen for vehicle damage; David Lynn for vehicle damage; Tim Mueller for monetary loss; Fondell Excavating, Inc. vs. City of Dubuque. Upon mo- tion 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: Shane Flesher for property damage; Ashley Kohnen for vehicle damage; David Lynn for vehicle damage; Madonna Parker for property damage. Upon motion the documents were received, filed and concurred. 4. Contracted Services Agreement - Almost Home at St. John's: City Manager rec- ommending approval of the Contracted Services Agreement with Almost Home at St. John’s for Fiscal Year 2016. Upon motion the documents were received, filed and ap- proved. 5. Purchase of Services Grant Agreement - Bell Tower Productions: City Manager recommending approval of the Purchase of Services Grant Agreement with Bell Tower 2 Productions for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 6. Purchase of Services Grant Agreement - Dubuque Community YMCA/YWCA: City Manager recommending approval of the Purchase of Services Grant Agreement with Dubuque Community YMCA/YWCA Victim Services Shelter for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 7. Purchase of Services Grant Agreement - Dubuque County Extension: City Manag- er recommending approval of a Purchase of Services Grant Agreement with Dubuque County ISU Extension for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 8. Contracted Services Agreement - Hills and Dales Lifetime Center: City Manager recommending approval of the Contracted Services Agreement with Hills and Dales Senior Center Lifetime Program for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 9. Purchase of Services Grant Agreement - Four Mounds Foundation: City Manager recommending approval of a Purchase of Services Grant Agreement with Four Mounds Foundation. Upon motion the documents were received, filed and approved. 10. Purchase of Services Grant Agreement - Helping Services for Northeast Iowa: City Manager recommending approval of the Purchase of Services Grant Agreement with Helping Services of Northeast Iowa for Fiscal Year 2016. Upon motion the docu- ments were received, filed and approved. 11. Purchase of Services Grant Agreement - Lutheran Services in Iowa: City Manag- er recommending approval of the Purchase of Services Grant Agreement with Lutheran Services in Iowa for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 12. Purchase of Services Grant Agreement - Northeast Iowa School of Music: City Manager recommending approval of a Purchase of Services Grant Agreement with Northeast Iowa School of Music for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 13. Purchase of Services Grant Agreement - Opening Doors: City Manager recom- mending approval of the Purchase of Services Grant Agreement with Opening Doors for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 14. Purchase of Services Grant Agreement - Project Concern 2-1-1: City Manager recommending approval of the Purchase of Services Grant Agreement with Project Concern to assist Project Concern’s 211 Center for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 15. Purchase of Services Grant Agreement - Project Concern Foster Grandparent Program: City Manager recommending approval of the Purchase of Services Grant 3 Agreement with Project Concern to partially fund the Foster Grandparent Program for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 16. Purchase of Services Grant Agreement - Retired and Senior Volunteer Program: City Manager recommending approval of the Purchase of Services Grant Agreement with the Retired and Senior Volunteer Program (RSVP) for Fiscal Year 2016. Upon mo- tion the documents were received, filed and approved. 17. Purchase of Services Grant Agreement - Riverview Center: City Manager rec- ommending approval of the Purchase of Services Grant Agreement with Riverview Cen- ter for Fiscal Year 2016. Upon motion the documents were received, filed and ap- proved. 18. Purchase of Services Grant Agreement - St. Mark Youth Enrichment: City Man- ager recommending approval of the Purchase of Services Grant Agreement with St. Mark’s Youth Enrichment for Fiscal Year 2016. Upon motion the documents were re- ceived, filed and approved. 19. Contracted Services Grant Agreement - Washington Tool Library: City Manager recommending approval of the Contracted Services Grant Agreement with the Washing- ton Tool Library for Fiscal Year 2016. Upon motion the documents were received, filed and approved. 20. Dubuque Regional Humane Society Contract Renewal: City Manager recom- mending approval of a new five-year agreement with the Dubuque Regional Humane Society beginning July 1, 2015. Upon motion the documents were received, filed and approved. 21. Lowell Street Water Main, Sanitary and Storm Sewer Improvements Project Award: City Manager recommending award of the construction contract for the Lowell Street Water Main, Sanitary and Storm Sewer Improvements Project (Abbott to Wood- worth) to the low bidder, Drew Cook & Sons Excavating, Inc. Upon motion the docu- ments were received and filed and Resolution No. 216-15 Awarding Public Improve- ment Contract for the Lowell Street (Abbott to Woodworth) Water Main, Sanitary & Storm Sewer Improvements Project 2015 was adopted. RESOLUTION NO. 216-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LOWELL STREET (ABBOTT TO WOODWORTH) WATER MAIN, SANITARY & STORM SEWER IM- PROVEMENTS PROJECT 2015 Whereas, sealed proposals have been submitted by contractors for the the Lowell Street (Abbott to Woodworth) Water Main, Sanitary & Storm Sewer Improvements Pro- ject 2015 (the Project) pursuant to Resolution No. 193-15 and Notice to Bidders pub- th lished in a newspaper published in the City of Dubuque, Iowa on the 24 day of April, 2015.; and Whereas, said sealed proposals were opened and read on the 5th day of June, 2015, and it has been determined that Drew Cook & Sons Excavating Co. Inc. of Dubuque, 4 Iowa, with a bid in the amount of $207,725.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Drew Cook & Sons Excavating Co., Inc. and the City Manager is hereby directed to execute a Pub- lic Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 7th day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 22. Acceptance of Grant of Easement - 1411 N. Grandview Avenue: City Manager recommending acceptance of the dedication of Grant of Easement for Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and Sidewalk from Kristin A. Smith across a portion of 1411 N. Grandview Avenue. Upon motion the doc- uments were received and filed and Resolution No. 217-15 Accepting a Grant of Ease- ment for Underground Electric, Fiber Optic Cable, Traffic Signals & Other Appurte- nances and Sidewalk Through, Over and Across Part of Lot 99 in Woodlawn Park Sub- division, City of Dubuque, Iowa, was adopted. RESOLUTION NO. 217-15 ACCEPTING A GRANT OF EASEMENT FOR UNDERGROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS & OTHER APPURTENANCES AND SIDEWALK THROUGH, OVER AND ACROSS PART OF LOT 99 IN WOODLAWN PARK SUBDI- VISION, CITY OF DUBUQUE, IOWA Whereas, Kristin A. Smith has executed a Grant of Easement for Underground Elec- tric, Fiber Optic Cable, Traffic Signals & Other Appurtenances and Sidewalk through, over and across Part of Lot 99 in Woodlawn Park Subdivision, City Of Dubuque, Dubu- que County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Easement for Underground Electric, Fiber Optic Ca- ble, Traffic Signals & Other Appurtenances and Sidewalk through, over and across Part of Lot 99 in Woodlawn Park Subdivision, City Of Dubuque, Dubuque County, Iowa from Kristin A. Smith, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 23. Davis Place - Permanent Shoring System Anchoring Easement: City Manager recommending acceptance of a Permanent Shoring System Anchoring Easement 5 across a portion of 511 Garfield Avenue that will facilitate the construction and on-going maintenance of the utility. Upon motion the documents were received and filed and Resolution No. 218-15 Accepting a grant of permanent shoring system anchoring easement through, over and across part of Lot 3 in Davis Place II, in the City of Dubu- que, Iowa, was adopted. RESOLUTION NO. 218-15 ACCEPTING A GRANT OF PERMANENT SHORING SYSTEM ANCHORING EASE- MENT THROUGH, OVER AND ACROSS PART OF LOT 3 IN DAVIS PLACE II, IN THE CITY OF DUBUQUE, IOWA Whereas, The Davis Place LLC has executed a Permanent Shoring System Anchor- ing Easement through, over and across Part of Lot 3 in Davis Place II, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Permanent Shoring System Anchoring Easement through, over and across Part of Lot 3 in Davis Place II, in the City of Dubuque, in the City of Dubuque, Dubuque County, Iowa from Davis Place LLC, 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. th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. 429 Rhomberg Avenue Project Acceptance: City Manager recommending ac- ceptance of the construction contract for the 429 Rhomberg Building Stabilization Pro- ject as completed by R&W Restoration. Upon motion the documents were received and filed and Resolution No. 219-15 Accepting the 429 Rhomberg Demolition and Building Stabilization Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 219-15 ACCEPTING THE 429 RHOMBERG DEMOLITION AND BUILDING STABILIZATION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 429 Rhomberg Demolition and Building Stabilization Project (the Project) has been completed has been completed by the Contractor, R&W Restoration (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $177,208.00; and Whereas, the Contractor has previously been paid $168,347.60, leaving a balance of $8,860.40; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. 6 Section 2. The Finance Director is hereby directed to pay to the Contractor the bal- ance of the retainage of $8,860.40 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 25. Code of Ordinances - Adoption of Supplement No. 18: City Clerk recommending adoption of Supplement No. 18 to the City of Dubuque Code of Ordinances, which codi- fies Ordinance Nos. 1-15 through 8-15, 11-15, 12-15, 26-15, 27-15, and 28-15 as adopted by the City Council through April 2015. Upon motion the documents were re- ceived and filed and Resolution No. 220-15 Adopting Supplement No. 18 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 220-15 ADOPTING SUPPLEMENT NO. 18 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire- ty; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu- tion, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 18 of the Code of Ordinances of the City of Dubu- que, Iowa, covering Ordinance Nos. 1-15 through 8-15, 11-15, 12-15, 26-15, 27-15, and 28-15 as adopted by the City Council through April 2015, prepared by the Sterling Codi- fiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 26. U.S. Army Corp of Engineers (USACE) - Mississippi River Master Plan & River Project Input: City Manager recommending approval to submit the City of Dubuque's input during revision and updating of the Mississippi River Master Plan by the U.S. Army Corps of Engineers (USACE), Rock Island District. Upon motion the documents were received, filed and approved. 27. Civil Service Commission: Civil Service Commission submitting the Certified Lists for the positions of Environmental Coordinator, Planning Technician and Transit Opera- tions Supervisor. Upon motion the documents were received, filed and made a Matter of Record. June 22, 2015 7 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Environmental Coordinator was administered via take-home exam. We hereby certify that the individuals listed below have passed this take-home 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. Environmental Coordinator 1. Courtney Ehrlich 2. Joshua Contreraz 3. Catherine Baerwald 4. Robin Kennicker Respectfully submitted, Daniel White, Chairperson Civil Service Commission June 22, 2015 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Planning Technician was administered via take-home exam. We hereby certify that the individuals listed below have passed this “take home” examination and the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. Planning Technician 1. Robin Kennicker 2. John Del Degan 3. Jacob Ironside 4. Stephen Broadwell 5. Matthew Bauman 6. Aimee Winter 7. Cindy Schroeder 8. Ose Akinlotan 9. Miles Brainard 10. Laura Marham 11. Emmily Tiampati 12. Tracy Nowack 13. Brian Gomoll 14. Meredith Peterson 15. Mohammad Hossain Respectfully submitted, Dan White, Chairman Civil Service Commission June 22, 2015 Honorable Mayor and Members of the City Council 8 In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Transit Operations Supervisor was administered via take-home exam. We hereby certi- fy that the individuals listed below have passed this take-home examination and the va- cancy for this position should be filled from this list and that this list is good for two (2) years from above date. Transit Operations Supervisor 1. Jodi Johnson 2. Erniw Bolibaugh 3. Tyrone Hickie Respectfully submitted, Dan White, Chairman Civil Service Commission 28. Audubon School Right-of-Way Plat: City Manager recommending approval of the Acquisition Plat for right-of-way east of Lincoln Avenue abutting the Audubon School property and acceptance of the dedication of said lots to the City of Dubuque for right- of-way purposes in association with the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 221-15 Approving the Acquisition Plat of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 221-15 APPROVING THE ACQUISITION PLAT OF LOT B OF LOT 2 OF MINERAL LOT 314 AND LOT B OF LOT 3 OF MINERAL LOT 314 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated June 22, 2015 prepared by IIW P.C. describing Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314 in the City Of Dubuque; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314, together with certain easements for public utilities, which the Dubu- que Community School District, a School Corporation, by said plat have dedicated to the public forever; and Whereas, the dedication of said lots as Right of Way is necessary for the accommo- dation of certain multi-use trail and sanitary interceptor sewer improvements related to the construction of the Bee Branch Creek Restoration Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated June 22, 2015 prepared by IIW P.C., relative to the re- al estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot B of Lot 2 of Mineral Lot 314 and Lot B of Lot 3 of Mineral Lot 314, for Right of Way purposes, together with the easements for public utilities as they appear on said Acquisition Plat, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. th Passed, approved and adopted this 6 day of July, 2015. 9 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 29. Bee Branch Creek Restoration Project, Utility Occupancy License for the Installa- tion of Sanitary Sewer and Fiber Conduit: City Manager recommending approval of the execution of a Utility Occupancy License Agreement with Dakota, Minnesota & Eastern Railroad Corporation as part of the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 222-15 Authorizing the Utility Occupancy License Agreement made and entered into by and between the City of Dubuque, Iowa and Dakota, Minnesota & Eastern Railroad Corporation, doing business as Canadian Pacific was adopted. RESOLUTION NO. 222-15 AUTHORIZING THE UTILITY OCCUPANCY LICENSE AGREEMENT MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND DAKO- TA, MINNESOTA & EASTERN RAILROAD CORPORATION, DOING BUSINESS AS CANADIAN PACIFIC Whereas, City is involved in activities to modify storm water drainage by day-lighting th the Bee Branch Creek ("Bee Branch Project") from 15 Street and Sycamore Street to th 24 Street and Washington Street all within the city; and Whereas, City is relocating the sanitary sewer and installing fiber optic conduit (“the Improvements”) as part of the Bee Branch Project; and Whereas, the Improvements are to be installed through the freight railroad operating property of Canadian Pacific (“CP”); and Whereas, the City intends to install the Improvements using a trenchless, tunneling method to minimize the impact to CP’s railroad operation; and Whereas, City needs authorization from CP to access and install the Improvements through CP property; and Whereas, CP is willing to authorize the City to install the Improvements under the terms outlined in Utility Occupancy License No. 4290301 (“the License”); and Whereas, it is in the City’s best interest to execute the License in order to proceed with the construction of the Improvements associated with the Bee Branch Project; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is hereby authorized to sign the attached Utility Oc- cupancy License No. 4290301 and any necessary amendments thereto with Dakota, Minnesota, & Eastern Railroad Corporation, a corporation doing business as Canadian Pacific for the purpose of proceeding with the construction of the sanitary sewer and fi- ber optics conduit through Canadian Pacific property as part of the Bee Branch Creek Restoration Project. th Passed, adopted and approved this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 30. Bee Branch Creek Restoration Project - Federal Aid Agreement for Transporta- tion Alternatives Program Funding: City Manager recommending authorization to enter into an agreement with the Iowa Department of Transportation in order to utilize Trans- portation Alternatives Program funding for the Lower Bee Branch Overlook at the 16th 10 Street Detention Basin and Trailhead Parking (at 22nd Street) for the Mississippi River Trail as part of the larger Bee Branch Creek Restoration Project. Upon motion the doc- uments were received and filed and Resolution No. 223-15 Approving the Transporta- tion Alternatives Program Funding Agreement between the Iowa Department of Trans- portation and the City of Dubuque, Iowa, for the Lower Bee Branch Overlook at 16th Street Detention Basin and trailhead parking for the Mississippi River Trail Project was adopted. RESOLUTION NO. 223-15 RESOLUTION APPROVING THE TRANSPORTATION ALTERNATIVES PROGRAM FUNDING AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTA- TION AND THE CITY OF DUBUQUE, IOWA FOR THE LOWER BEE BRANCH TH OVERLOOK AT 16 STREET DETENTION BASIN AND TRAILHEAD PARKING FOR THE MISSISSIPPI RIVER TRAIL PROJECT Whereas, The City of Dubuque has received Federal funding through the Transporta- tion Alternatives Program (TAP), which was established by the Moving Ahead for Pro- st gress in the 21 Century (MAP-21), Public Law 112-141, and codified at Sections 213 and 101(a)(29) of Title 23, United States Code (U.S.C.); which are hereinafter referred to as TAP funds., and Federal regulations provide that federal funds for TAP are to be administered by the Iowa Department of Transportation (IDOT); and Whereas, the City of Dubuque submitted an application to the Dubuque Metropolitan Area Transportation Study (DMATS) requesting $940,000 from TAP to help finance the th Lower Bee Branch Overlook at 16 Street Detention Basin and Trailhead Parking for the Mississippi River Trail Project as part of the Bee Branch Creek Restoration Project; and Whereas, the IDOT has provided a Federal-Aid Agreement for a Transportation Al- ternatives Program Project (Funding Agreement); and Whereas, the City Council has determined that execution of the TAP Funding Agreement is in the best interests of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The attached Federal-Aid Agreement for a Transportation Alternatives Program Transportation Alternatives Program Project is hereby approved. Section 2. The City Manager is hereby authorized to execute the Funding Agreement and such other documents as are necessary to bind the City and to deliver the Funding Agreement and such other documents as the Iowa Department of Transportation may reasonably request. th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 31. Emergency Communications Center Part-Time Hour Increase: City Manager rec- ommending approval to increase the number of part-time hours from 43 to 45 hours per week effective January 1, 2016. Upon motion the documents were received, filed and approved. 32. Advance of Funds to Greater Downtown TIF District for Fiscal Year 2015: City Manager recommending approval of the suggested proceedings approving an advance 11 of funds for repayment from the Greater Downtown Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. Upon motion the documents were received and filed and Resolution No. 224-15 Approving the advance of funds for re- payment from the Greater Downtown District Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19 was adopt- ed. RESOLUTION NO. 224-15 RESOLUTION APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE GREATER DOWNTOWN DISTRICT URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 Whereas, the City of Dubuque, Iowa has established the Greater Downtown District Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain urban re- newal projects within the Urban Renewal Area, and has incurred various related costs in connection with such projects consisting generally of stormwater fees and legal services described on the attached schedule prepared by the Budget Director (the "Project Costs"); and Whereas, in order to advance funds for the Project Costs, it is necessary to make certain findings under Chapter 403; and Whereas, it is the intention of the City to certify the amount of funds so advanced, to- gether with interest, for reimbursement under Iowa Code Section 403.19; and Whereas, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of $4,689.80. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. Pursuant to Ordinance No. 33-11 there has been heretofore established the Greater Downtown Urban Renewal Area Tax Increment Revenue Fund (the "Tax Increment Fund"), into which all incremental property tax revenues received from the Greater Downtown Urban Renewal Area are deposited. The Council finds the Project Costs to be eligible urban renewal project expenses as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project Costs. Section 2. It is hereby determined that $4,689.80 has been or will be advanced dur- ing Fiscal Year 2015 to the Greater Downtown Urban Renewal Area Tax Increment Fund from the General Fund in order to pay the Project Costs. The advances collective- ly shall be treated as an internal loan (the "Loan") to the Greater Downtown Urban Re- newal Fund and shall be repaid to the General Fund, from the first available tax incre- ment revenues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, advance and transfer of funds for the Project Costs, certification for reimbursement un- der Iowa Code Section 403.19 and compliance under Iowa Code Section 403.22. th Passed and approved by the City Council of the City of Dubuque, Iowa, this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12 33. Advance of Funds to Dubuque Industrial Center West TIF District for Fiscal Year 2015: City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Increment Revenue Fund and directing the filing of certification. Upon motion the documents were received and filed and Resolution No. 225-15 Approving the advance of funds for repayment from the Dubuque Industrial Center Urban Renewal Tax Incre- ment Revenue Fund and directing the filing of certification Under Iowa Code Section 403.19 was adopted. RESOLUTION NO. 225-15 RESOLUTION APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE DUBUQUE INDUSTRIAL CENTER URBAN RENEWAL TAX INCREMENT REV- ENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 Whereas, the City of Dubuque, Iowa has established the Dubuque Industrial Center Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, consisting generally of recording fees and legal ser- vices (the "Project"); and Whereas, in order to advance funds for the Project Costs, it is necessary to make certain findings under Chapter 403; and Whereas, it is the intention of the City to certify the amount of funds so advanced, to- gether with interest, for reimbursement under Iowa Code Section 403.19; and Whereas, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of $2,778.00. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. Pursuant to Ordinance No. 70-08 there has been heretofore established the Dubuque Industrial Center Urban Renewal Area Tax Increment Revenue Fund (the "Tax Increment Fund"), into which all incremental property tax revenues received from the Dubuque Industrial Center Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby determined that $2,778.00 has been or will be advanced dur- ing Fiscal Year 2015 to the Dubuque Industrial Center Urban Renewal Area Tax Incre- ment Fund from the General Fund in order to pay the Project Costs. The advances col- lectively shall be treated as an internal loan (the "Loan") to the Dubuque Industrial Cen- ter Urban Renewal Fund and shall be repaid to the General Fund, from the first availa- ble tax increment revenues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, advance and transfer of funds for the Project Costs, certification for reimbursement un- der Iowa Code Section 403.19 and compliance under Iowa Code Section 403.22. th Passed and approved by the City Council of the City of Dubuque, Iowa, this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13 34. Advance of Funds to Technology Park TIF District for Fiscal Year 2015: City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the Technology Park Urban Renewal Tax Increment Reve- nue Fund and directing the filing of certification. Upon motion the documents were re- ceived and filed and Resolution No. 226-15 Approving the advance of funds for repay- ment from the Technology Park Urban Renewal Tax Increment Revenue Fund and di- recting the filing of certification under Iowa Code Section 403.19 was adopted. RESOLUTION NO. 226-15 RESOLUTION APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE DUBUQUE INDUSTRIAL CENTER URBAN RENEWAL TAX INCREMENT REV- ENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 Whereas, the City of Dubuque, Iowa has established the Dubuque Industrial Center Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, consisting generally of recording fees and legal ser- vices (the "Project"); and Whereas, in order to advance funds for the Project Costs, it is necessary to make certain findings under Chapter 403; and Whereas, it is the intention of the City to certify the amount of funds so advanced, to- gether with interest, for reimbursement under Iowa Code Section 403.19; and Whereas, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of $2,778.00. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. Pursuant to Ordinance No. 70-08 there has been heretofore established the Dubuque Industrial Center Urban Renewal Area Tax Increment Revenue Fund (the "Tax Increment Fund"), into which all incremental property tax revenues received from the Dubuque Industrial Center Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby determined that $2,778.00 has been or will be advanced dur- ing Fiscal Year 2015 to the Dubuque Industrial Center Urban Renewal Area Tax Incre- ment Fund from the General Fund in order to pay the Project Costs. The advances col- lectively shall be treated as an internal loan (the "Loan") to the Dubuque Industrial Cen- ter Urban Renewal Fund and shall be repaid to the General Fund, from the first availa- ble tax increment revenues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, advance and transfer of funds for the Project Costs, certification for reimbursement un- der Iowa Code Section 403.19 and compliance under Iowa Code Section 403.22. Passed and approved by the City Council of the City of Dubuque, Iowa, this 6th day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14 35. Advance of Funds to North Cascade Road Housing TIF District for Fiscal Year 2015: City Manager recommending approval of the suggested proceedings approving an advance of funds for repayment from the North Cascade Road Housing Urban Re- newal Tax Increment Revenue Fund and directing the filing of certification. Upon motion the documents were received and filed and Resolution No. 227-15 Approving the ad- vance of funds for repayment from the North Cascade Road Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.17 was adopted. RESOLUTION NO. 227-15 RESOLUTION APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE NORTH CASCADE ROAD HOUSING URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.17 Whereas, the City of Dubuque, Iowa has established the North Cascade Road Hous- ing Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain urban renewal projects within the Urban Renewal Area, and has incurred various related costs in connection with such projects consisting generally of legal services described on the attached schedule prepared by the Budget Director (the "Project Costs"); and Whereas, in order to advance funds for the Project Costs, it is necessary to make certain findings under Chapter 403; and Whereas, it is the intention of the City to certify the amount of funds so advanced, to- gether with interest, for reimbursement under Iowa Code Section 403.17; and Whereas, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of $5,549.75. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1. Pursuant to Ordinance No. 110-15 there has been heretofore established the North Cascade Road Housing Urban Renewal Area Tax Increment Revenue Fund (the "Tax Increment Fund"), into which all incremental property tax revenues received from the North Cascade Road Housing Urban Renewal Area are deposited. The Coun- cil finds the Project Costs to be eligible urban renewal project expenses as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project Costs. Section 2. It is hereby determined that $5,549.75 has been or will be advanced dur- ing Fiscal Year 2015 to the North Cascade Road Housing Urban Renewal Area Tax In- crement Fund from the General Fund in order to pay the Project Costs. The advances collectively shall be treated as an internal loan (the "Loan") to the North Cascade Road Housing Urban Renewal Fund and shall be repaid to the General Fund, from the first available tax increment revenues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, advance and transfer of funds for the Project Costs, certification for reimbursement un- der Iowa Code Section 403.17 and compliance under Iowa Code Section 403.22. Passed and Approved by the City Council of the City of Dubuque, Iowa, this 6th day of July, 2015. Roy D. Buol, Mayor 15 Attest: Kevin S. Firnstahl, City Clerk 36. Mystique Casino Use of Depreciation and Improvement Funds: City Manager recommending approval of a request by the Mystique Casino to use Depreciation and Improvement funds for two projects at the Casino. Upon motion the documents were received, filed and approved. 37. IDNR Clean Diesel Grant Contract Amendment: City Manager recommending Council approval of the Clean Diesel Grant Contract Amendment with the Iowa Depart- ment of Natural Resources (IDNR). Upon motion the documents were received, filed and approved. 38. Housing Affordability: City Manager providing information on the housing afforda- bility in Dubuque as compared to other cities in Iowa, including Cedar Falls, Cedar Rap- ids, Davenport and Iowa City. Upon motion the documents were received and filed. 39. Improvement Contracts / Performance, Payment and Maintenance Bonds: Mid- west Concrete, Inc. for the 2015 Asphalt Overlay Access Ramp Project Three; Portzen Construction, Inc. for the SRF Green Alley Project Bid Set 1 - Year 3; Tricon General Construction, Inc. for the Upper Bee Branch Creek Channel, Streets & Utilities Project. Upon motion the documents were received, filed and approved. 40. Alcohol Compliance Civil Penalty for Alcohol License Holder – Casey's General Store: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Casey's General Store #2420, 2699 Rockdale Road. Upon motion the documents were received, filed and approved. 41. Alcohol and Tobacco License Applications: City Manager recommending approv- al of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo- tion the documents were received and filed and Resolution No. 228-15 Approving appli- cations for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 229-15 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Io- wa Code 453A.47A were adopted. RESOLUTION NO. 228-15 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. 16 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 1st & Main 101 Main St Class C Liquor (Sunday) Applebee's 1395 Associates Dr. Class C Liquor (Sunday) Hy-Vee Club Room 2395 NW Arterial Special Class C Liquor (Sun- day) Keywest Conoco 2150 Twin Valley Dr. Class E Liquor, Class B Wine, Class C Beer (Sunday) Kwik Stop C-Stores 2335 University Ave Class E Liquor, Class B Wine, Class C Beer (Sunday) Special Events Dubuque Area Labor-Town Clock Plaza Class B Beer (Outdoor) Management Council 8/14 Summer's Last Blast 8/28 Town Clock Plaza Class B Beer (Outdoor) New Mi Ranchito 1091 University Ave th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 229-15 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NIC- OTINE / VAPOR PERMITS, 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. Awn Stop Mart Inc. 1998 Jackson St Awn Stop Mart #3 408 W. Locust St. Dubuque Quick Stop Mart 1401 Central Ave. Paro Food Mart 3200 Central Ave. Passed, approved and adopted this 6th day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17 ITEMS 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 Connors. Motion carried 7-0. 1. Southwest Arterial / English Mill Road Reconstruction Project: City Manager rec- ommending initiation of the public bidding process through the Iowa DOT for the English Mill Road Reconstruction - Grading, Bridge and Paving Project, and further recom- mends that a public hearing be set for July 20, 2015. Upon motion the documents were received and filed and Resolution No. 230-15 Preliminary approval of plans, specifica- tions, form of contract, and estimated cost; setting date of public hearing on plans, spec- ifications, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 20, 2015 in the Historic Federal Building. RESOLUTION NO. 230-15 SOUTHWEST ARTERIAL - ENGLISH MILL ROAD RECONSTRUCTION GRADING, BRIDGE, AND PAVING PROJECT IOWA DOT PROJECT NO. HDP-2100 (657)--71-31 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Southwest Arterial - English Mill Road Reconstruction Project, Iowa DOT Project No. HDP-2100 (657)--71-31, in the estimated amount $4,113,500, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 20 day of July, 2015, at 6:30 p.m. in the Historic th Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or es- timated cost of the Project. th Passed, adopted and approved this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. SRF Green Alley Project Bid Set 3 - Year 3: City Manager recommending initiation of the public bidding process for the SRF Green Alley Bid Set 3 -Year 3 Project, and fur- ther recommends that a public hearing be set for August 3, 2015. Upon motion the doc- uments were received and filed and Resolution No. 231-15 Preliminary approval of plats, schedule of assessments and estimate of total cost for the SRF Green Alley Bid Set 3 - Year 3 Project; Resolution No. 232-15 Resolution of Necessity for the SRF Green Alley Bid Set 3 - Year 3 Project; Resolution No. 233-15 Fixing the date of public 18 hearing on Resolution of Necessity; and Resolution No. 234-15 Preliminary approval of plans, specifications, form on contract, and estimated cost; setting date of public hear- ing on plans, specifications, form of contract, and estimated cost; and ordering the ad- vertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 3, 2015 in the Historic Federal Building. RESOLUTION NO. 231-15 APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 3 - YEAR 3 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached preliminary plats, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 3 – Year 3 Project are hereby approved. th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 232-15 RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 3 - YEAR 3 PROJECT Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 3 – Year 3 Project have been duly prepared and ap- proved by the City Council of the City of Dubuque and ordered placed on file in the of- fice of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The SRF Green Alley Bid Set 3 - Year 3 Project will provide:  Reconstruction of Six (6) alleys using interlocking concrete pavers  Removal of the existing alley pavement  Excavation of the subgrade to allow the placement of clean washed stone for a storage medium  Installation of a concrete border for the brick pavers  Installation of concrete headers at the alley intersection with the intersecting streets.  Reconstruction of the pavement surface with interlocking concrete pavers  Lining of the sanitary sewer main in six alleys  Inspection of sanitary sewer laterals in six alleys  Replacement of water main valves and hydrants  Replacement of lead water services with copper water services in six alleys There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. A public hearing will be held on August 3, 2015 at 6:30 p.m. in the Historic Federal th Building Council Chambers (second floor), 350 W. 6 Street, Dubuque, Iowa. At which time the City Council will hear from property owners subject to the assessment and in- 19 terested parties for or against the improvement, its cost, the assessment, or the bound- aries of the district. That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special as- sessment procedure. Said improvements shall be constructed in accordance with the plans and specifica- tions which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the th City Clerk this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 233-15 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, preliminary schedule of assessments, and estimated total cost for the SRF Green Alley Bid Set 3 – Year 3 Project and ordered the plat, schedule of assess- ments, and estimate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Necessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: rd The City Council will meet on the 3 day of August, 2015, at 6:30 p.m. in the Historic th Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. At which time the owners of property subject to assessment for the proposed improve- ment or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause a 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 once each week for two consecutive weeks, the first publication of which shall be not less than fifteen days prior to the day fixed for its consideration. th Passed, adopted and approved this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 234-15 SRF GREEN ALLEY BID SET 3 YEAR 3 PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- 20 IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 3 – Year 3 Project in the estimated amount $1,294,250.49, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. rd A public hearing will be held on the 3 day of August, 2015, at 6:30 p.m. in the His- th toric Federal Building Council Chambers (second floor) 350 W. 6 Street, Dubuque, Io- wa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The SRF Green Alley Bid Set 3 –Year 3 Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the th date for filing bids before 2:00 p.m. on the 6 day of August, 2015. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final th action at 6:30 p.m. on the 17 day of August, 2015, in the Historic Federal Building th Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. th Passed, adopted and approved this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: 1. Building Code Board of Appeals: One 3-year term through August 1, 2018 (expired term of Luchsinger). Applicant: Richard Luchsinger, 2875 Brueck Rd. Mr. Luchsinger spoke in support of his appointment. 2. Housing Commission: One 3-year term through August 1, 2018 (expired term of McDonell) Applicant: Robert McDonell, 4050 Peru Rd. 3. Housing Trust Fund Advisory Committee: One 3-year term through August 1, 2018 (expired term of Hingtgen) Applicant: Doris Hingtgen, 309 Hill St. 4. Library Board of Trustees (Mayor appointment): One 4-Year term through July 1, 2019 (Vacant term of Boice) Applicant: Patrick Maddux, 1685 Fox Dr. 21 5. Transit Advisory Board: One 3-year term through July 3, 2018 (expired term of Es- ser) Applicant: Matt Esser, 90 Main St. Apt. 308. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 1. SRF Green Alley Project Bid Set 2 - Year 3: Proof of publication on notice of public hearing to consider the approval of the plans, specifications, form of contract, and esti- mated cost for the SRF Green Alley Project Bid Set 2 - Year 3 and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 235-15 Approval of plans, specifications, form of contract, and estimated cost for the SRF Green Alley Bid Set 2 - Year 3 Project; Resolution No. 236-15 Resolu- tion with Respect to the Adoption of the Resolution of Necessity proposed for the SRF Green Alley Bid Set 2 - Year 3 Project; and Resolution No. 237-15 Approving the Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 2 - Year 3 Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 235-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE SRF GREEN ALLEY BID SET 2 – YEAR 3 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 2 – Year 3 Project, in the estimated amount $1,851,300.00, are hereby approved. th Passed, adopted and approved this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 236-15 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE- CESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 2 – YEAR 3 PRO- JECT Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green Alley Bid Set 2 – Year 3 Project and has given notice of the public hearing there- on as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly con- sidered are overruled. 22 th Passed, adopted and approved this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 237-15 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 2 – YEAR 3 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 2 – Year 3 Project are hereby approved. th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. 2015 Bridge Repairs and Maintenance Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and esti- mated cost for the 2015 Bridge Repairs and Maintenance Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 238-15 Approval of plans, specifications, form of contract, and estimated cost for the 2015 Bridge Repairs and Maintenance Project. Seconded by Connors. Mo- tion carried 7-0. RESOLUTION NO. 238-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE 2015 BRIDGE REPAIRS AND MAINTENANCE 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 2015 Bridge Repairs and Maintenance Project, in the estimated amount $403,535.00, are hereby approved. Passed, adopted and approved this 6th day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Vacating Petition for the Alley Between Main Street and Salina Street (SELCO): Proof of publication on notice of public hearing to consider approval of a request by CW Wolff, LLC (SELCO) to vacate a portion of a 20-foot wide alley between Main Street and Salina Street which abuts the SELCO property at 15 S. Main Street and the City Man- ager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 239-15 Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 7A in Block 13 of Dubuque Harbor Company's Addition, in the City of Dubuque; and Resolution No. 240-15 Disposing of City Interest in Lot 7A in Block 13 Dubuque Harbor Company's Ad- dition, in the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0. 23 RESOLUTION NO. 239-15 RESOLUTION VACATING A PORTION OF AN ALLEY BETWEEN MAIN ST. AND SALINA ST. IN BLOCK 13 OF DUBUQUE HARBOR COMPANY’S ADDITION TO BE KNOWN AS LOT 7A IN BLOCK 13 IN DUBUQUE HARBOR COMPANY’S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, CW Wolff, LLC has requested the vacating of a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company’s Addition in the City of Dubuque, Dubuque County, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the June 5, 2015 prepared by WHKS & Co., describing the proposed va- cated 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the th City of Dubuque, Iowa on this 19 day of June, 2015, the City Council of the City of th Dubuque, Iowa met on the 6 day of July, 2015, at 6:30 p.m. in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacated portion of the 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company’s Addition to be known as Lot 7A of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa, should be ap- proved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 7A of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa, be and the same is hereby vacated. th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 240-15 DISPOSING OF CITY INTEREST IN LOT 7A IN BLOCK 13 IN DUBUQUE HARBOR COMPANY’S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the th City of Dubuque, Iowa on this 19 day of June, 2015, the City Council of the City of th Dubuque, Iowa met on the 6 day of July, 2015, at 6:30 p.m. in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 7A of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. 24 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 7A of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa, Dubu- que County, Iowa, to CW Wolff, LLC be and the same is hereby approved for the sum of $22,000, subject to the conditions of an Offer To Buy Real Estate and Acceptance Agreement between the City and CW Wolff LLC, plus $100 for platting, publication, and filing fees. The City Manager is hereby authorized to execute and sign said Offer to Buy Real Estate and Acceptance Agreement. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to CW Wolff, LLC upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Vacating Petition for the Alley Between Main Street and Salina Street (Crescent Electric): Proof of publication on notice of public hearing to consider approval of a re- quest by Crescent Realty Corporation (Crescent Electric) to vacate a portion of a 20- foot wide alley between Main Street and Salina Street which abuts the Crescent Electric property at the intersection of S. Main Street and Charter Street and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 241-15 Vacating a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company's Addition to be known as Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa; and Resolution No. 242-15 Disposing of City interest in Lot 6A in Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 241-15 VACATING A PORTION OF AN ALLEY BETWEEN MAIN ST. AND SALINA ST. IN BLOCK 13 OF DUBUQUE HARBOR COMPANY’S ADDITION TO BE KNOWN AS LOT 6A IN BLOCK 13 IN DUBUQUE HARBOR COMPANY’S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Crescent Realty Corporation has requested the vacating of a portion of an alley between Main St. and Salina St. in Block 13 of Dubuque Harbor Company’s Addi- tion in the City of Dubuque, Dubuque County, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the June 5, 2015 prepared by WHKS & Co., describing the proposed va- cated 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 19th day of June, 2015, the City Council of the City of Dubuque, Iowa met on the 6th day of July, 2015, at 6:30 p.m. in the Historic Federal 25 Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacated portion of the 20 foot wide alley between Main Street and Salina Street in Block 13 of Dubuque Harbor Company’s Addition to be known as Lot 6A of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa, should be ap- proved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot 6A of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa, Dubuque County, Iowa, be and the same is hereby vacated. th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 242-15 DISPOSING OF CITY INTEREST IN LOT 6A IN BLOCK 13 IN DUBUQUE HARBOR COMPANY’S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the th City of Dubuque, Iowa on this 19 day of June, 2015, the City Council of the City of th Dubuque, Iowa met on the 6 day of July, 2015, at 6:30 p.m. in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 6A of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubu- que, Iowa, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 6A of Block 13 in Dubuque Harbor Company’s Addition, in the City of Dubuque, Iowa, Dubu- que County, Iowa, to Crescent Realty Corporation be and the same is hereby approved for the sum of $5,200.00 plus $100.00 for platting, publication, and filing fees. Convey- ance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Crescent Realty Corporation upon receipt of the purchase price in full. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. th Passed, approved and adopted this 6 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 26 Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Code of Ordinances Amendment - Title 10 Park Rangers (Third Reading): City Manager recommending repeal of City Ordinance 10-5A-1 which requires a Park Rang- er to be a certified Law Enforcement Officer. Connors moved the final reading of Ordi- nance No. 38-15 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article A Administration by repealing Section 10-5A-1 Park Rangers as park rangers are no longer Certified Law Enforce- ment Officers. Seconded by Resnick. Motion carried 5-2 with Jones and Lynch voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 38-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE A ADMIN- ISTRATION BY REPEALING SECTION 10-5A-1 PARK RANGERS AS PARK RANG- ERS ARE NO LONGER CERTIFIED LAW ENFORCEMENT OFFICERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-5A-1 of the City of Dubuque Code of Ordinances is repealed as follows: 10-5A-1: RESERVED: Section 2. This Ordinance takes effect upon publication. th Passed, approved, and adopted the 6 day of July, 2015 /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 10 day of July, 2015. /s/Kevin S. Firnstahl, City Clerk 2. HUD Lead Paint Grant Application: City Manager recommending approval of an application to the US Department of Housing and Urban Development (HUD) for contin- uation of the Lead-Based Paint Hazard Control Program throughout the City of Dubu- que that includes supplemental funding for Healthy Homes interventions. Motion by Jones to receive and file the documents and adopt Resolution No. 243-14 Authorizing the Mayor to execute an application for HUD Lead Paint Hazard Control and Healthy Homes Program Grant. Seconded by Connors. Health Services Manager Mary Rose Corrigan and Housing and Community Development Director Alvin Nash provided a slide presentation on the Lead and Health Homes Program HUD grant application 2016- 2018. Motion carried 7-0. RESOLUTION NO. 243-15 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR A HUD LEAD PAINT HAZARD CONTROL AND HEALTHY HOMES PROGRAM GRANT Whereas, the City of Dubuque has operated a local childhood lead poisoning preven- tion program since 1994; and 27 Whereas, the City initially received a HUD Round 4 Lead Hazard Control Program Grant in 1997, and had administered a program from 1997-2014; and Whereas, the U.S. Department of Housing and Urban Development has made avail- able additional funds for the Lead-Based Paint Hazard Control Program, including for lead-based paint hazard control, lead hazard awareness, training, community outreach, environmental assessments and treatment; and Whereas, the City of Dubuque proposes a Lead Paint Hazard Control Program throughout the entire City of Dubuque with a focus in Census Tracts 1, 2, 5, 6, 7.01 and 7.02. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That the Mayor is hereby authorized and directed to execute an applica- tion to the U.S. Department of Housing and Urban Development for a Lead Based-Paint Hazard Control Grant in the amount of $3,325,000. Section 2: Funds from the Community Development Block Grant Program in the amount of $180,000 will be committed in fiscal years 2016-2019 as required match. Section 3: That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U. S. Department of Housing and Urban Devel- opment. th Passed, approved and adopted this 6 day of July, 2015. Roy D Buol, Mayor Attest: Kevin Firnstahl, City Clerk 3. Property Acquisition - McFadden Family Partnership: City Manager recommending approval of the Offer to Buy Real Estate and Acceptance to purchase a 124.72 acre portion of the McFadden Family Partnership farm. Motion by Braig to receive and file the documents and adopt Resolution No. 244-15 Approving an Offer to Buy and Ac- ceptance for the acquisition of real estate owned by McFadden Family Partnership in Dubuque County, Iowa. Seconded by Jones. City Attorney Lindahl responded to ques- tions from Council regarding when information from closed sessions can become public. Motion carried 6-1 with Resnick voting nay. RESOLUTION NO. 244-15 APPROVING AN OFFER TO BUY AND ACCEPTANCE FOR THE ACQUISITION OF REAL ESTATE OWNED BY MCFADDEN FAMILY PARTNERSHIP IN DUBUQUE COUNTY, IOWA Whereas, McFadden Family Partnership. is the owner of the following real property (the Property): SW ¼ NW ¼ § 29 T89N R2E 5th PM (40 acres + or -) Lot 1 of Lot 1 of NW ¼ NW ¼ § 29 T89N R2E 5th PM (38.4 acres + or -) West 200 feet of NE ¼ NW ¼ § 29 T89N R2E 5th PM (6 acres + or -) SE ¼ NW ¼ § 29 T89N R2E 5th PM (40 acres + or -) Lot 1 Dubuque Industrial Center 7th Addition (0.32 acres); and Whereas, the City Manager has tentatively agreed to purchase the Property from McFadden Family Partnership, subject to the approval of an Offer to Buy Real Estate and Acceptance between the City of Dubuque and McFadden Family Partnership, by the City Council; and 28 Whereas, the City Council has determined that it would be in the best interests of the City to approve the purchase of the Property from McFadden Family Partnership, L.L.P. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Offer to Buy and Acceptance at- tached hereto. Section 2. The City Manager and City Attorney are authorized to take such further ac- tion as is required to complete the purchase of the Property. Passed, approved and adopted this 6th day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Officer AT Home (OATH) Incentives Program: City Manager recommending ap- proval of the Officer AT Home (OATH) Incentives Program for Police Officers and Fire- fighters who own or purchase a single-family owner-occupied property located within the Downtown Urban Renewal District. Motion by Braig to receive and file the docu- ments and approve the recommendation. Seconded by Resnick. Motion carried 7-0. 5. Code of Ordinances Amendment - Title 10 Sidewalk Cafe Permits: City Manager recommending approval of an amendment to Title 10 Chapter 3 Article E Sidewalk Café to permit sidewalk cafés in those areas where the café is listed as a permitted or acces- sory use in the zoning district where they are located. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 42-15 Amend- ing City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments on Public Places, Article E 1 Definitions and 2 Authorization B, by changing the definition and districts in which sidewalk cafes are prohibited. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 42-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCE TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 3 ENCROACHMENTS ON PUBLIC PLACES, ARTICLE E 1 DEFINITIONS AND 2 AUTHORIZATION, B, BY CHANGING THE DEFINITION AND DISTRICTS IN WHICH SIDEWALK CAFES ARE PERMITTED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-3E-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-1: DEFINITION: “Sidewalk café” shall mean a group of tables, chairs, barriers or partitions, trash containers maintained upon part of the public right of way next to a storefront used by an establishment with a valid food and drink permit for the sale to the public of food, refreshments and beverages of all kinds. Section 2. Section 10-3E-2-B of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3E-2: AUTHORIZATION: 29 B. A sidewalk café in the public right of way shall be permitted where sidewalk cafes are allowed, provided that restaurants are listed as a permitted or accessory use in the zoning district where they are located. Section 2. This Ordinance takes effect upon publication. th Passed, approved and adopted the 6 day of July, 2015. /s/Roy D. Buol, Mayer Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 10 day of July, 2015. /s/Kevin S. Firnstahl, City 6. Code of Ordinance Amendment - Title 16 Zoning Advisory Commission: City Man- ager recommending approval of an ordinance that adds a new Section 16-9-1 which es- tablishes the Zoning 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. 43-15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and Procedures by repealing Sec- tion 16-9-1 Zoning Advisory Commission and adopting a new Section 16-9-1 Zoning Advisory Commission in lieu thereof Establishing the Zoning Advisory Commission, Providing for the Powers, Operation, Membership, and Meetings. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 43-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION APPLICA- TIONS AND PROCEDURES BY REPEALING SECTION 16-9-1 ZONING ADVISORY COMMISSION AND ADOPTING A NEW SECTION 16-9-1 ZONING ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE ZONING ADVISORY COM- MISSION, 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. Section 16-9-1 of the City of Dubuque Code of Ordinances is hereby re- leased and the following adopted in lieu thereof: 16-9-1: ZONING ADVISORY COMMISSION: A. Commission Created: There is hereby created the Zoning Advisory Commis- sion. B. Purpose: The purpose of the commission is to make recommendations to the city council on applications for rezoning, subdivision plat approval, and text amendments to the Zoning Ordinance; to receive input from applicants, neighbor- ing property owners, citizens, and city staff; to review applications in terms of their impact on the neighborhood, community, environment, and the city’s utilities and transportation systems; and to forward to the city council the commission’s rec- ommendations with the assistance of Planning Services staff. 30 C. Internal Organization and Rules: The commission may adopt rules and regu- lations to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. D. Procedures for Operation: All administrative, personnel, accounting, budget- ary, and procurement policies of the city govern the commission in all its opera- tions. E. Membership: 1. The commission comprises seven (7) residents of the city, appointed by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Qualifications. a. Members must be qualified by knowledge, experience, and ability to act in matters pertaining to short-range planning and zoning, none of whom hold an elective position in the city. b. Two (2) members of the Zoning Advisory Commission must be appoint- ed to serve on the Airport Zoning Advisory Commission, with city council ap- proval. 4. Membership on the commission must comply with the provisions of Iowa Code §69.16A, relating to gender balance. No person can be appointed or re- appointed to the commission if that appointment or reappointment would cause the number of members of one gender to be greater than one-half (½) of the membership of the commission plus one (1). If the city has made a good faith effort to appoint a qualified person to fill a vacancy on the commission for a pe- riod of three (3) months but has been unable to make a compliant appointment, the city must utilize a fair and unbiased method of selecting the best qualified applicants. F. 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 appointment or reappointment or at the city clerk’s office any time prior to the first meeting of the commission. G. Terms: The term of office for commissioners is three (3) years or until such commissioner’s successor is appointed and qualified. The terms of the cross- representative appointees to the Airport Zoning Advisory Commission must coin- cide with their terms on the Airport Zoning Advisory Commission. H. Vacancies: Vacancies must be filled in the same manner as original ap- pointments. I. Officers/Organization: The commissioners must choose annually a chairper- son and vice-chairperson, each to serve a term of one (1) year. The chairperson must appoint a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the of- ficer’s unexpired term. J. Meetings: 1. Regular Meetings. The commission must meet monthly. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. 3. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. 31 a. In the event a commissioner has been absent for three (3) or more con- secutive meetings of the commission, without being excused by the chairper- son, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appoint- ed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. 6. Quorum. Four (4) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary except at least four affirmative votes shall be required in the case of (a) text amendment to the zoning ordinance; (b) a substantial zoning re- classification; (c) approval, denial, or amendment of a planned district applica- tion; (d) adoption of any plan or report; or (e) amendment of a comprehensive plan. K. Compensation: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city administrative policies budget. L. Removal: Except as provided in J(4)(a), the city council may remove any commissioner for good cause. M. Powers: The commission has the following powers, duties, and responsibili- ties: 1. To prepare and recommend a zoning ordinance to exercise the powers conferred by state law. Such zoning ordinance must include the boundaries of the various zoning districts; the height, number of stories, and size of buildings and other structures in each district; the percentage of ground that may be oc- cupied; setback requirements; the size of yards, courts, and other open space; the density of population; the location and use of buildings, structures, and land for trade, industry, commercial, residential, or other purposes; and such regula- tions and restrictions necessary to enforce such zoning provisions. To this end the commission must prepare a preliminary zoning ordinance and hold public hearings thereon and after such hearings have been held, and submit a final zoning ordinance and its recommendations to the city council; 2. To recommend to the city council, from time to time, as conditions require, amendments, supplements, changes, or modifications to the zoning ordinance but only after a public hearing; 3. To make such surveys, studies, maps, plans, or plats of the whole or any portion of the city and of any land outside thereof, which in the opinion of the commission are consistent with the Comprehensive Plan and are necessary to carry out the purposes of the commission; 4. To make recommendations to the city council upon plans, plats, or replats of subdivisions or resubdivisions within the city which show streets, alleys, or other portions of the same intended to be dedicated for public use; 5. To make recommendations to the Long Range Planning Advisory Com- mission on the preparation and maintenance of the Comprehensive Plan; 32 6. To fulfill those duties and responsibilities assigned to a city planning com- mission in state law; and 7. To undertake from time to time other specific short-range planning projects which may be referred to it by the city council. N. Waiver From Site Design Standards: The commission has the power to grant such waivers from the site design standards of this code, as may be reasonable and within the general purpose and intent of the site plan review and approval pro- visions of this code if the literal enforcement of one or more provisions of this code is impracticable or will exact an undue hardship because of peculiar conditions pertaining to the land in question. The affirmative vote of at least four (4) commis- sioners shall be necessary to grant a waiver. The waiver may be granted subject to such conditions as the commission may establish to ensure the general purpose and intent of the provisions of this code are followed. At the commission meeting, the applicant and all other interested parties must be presented a reasonable op- portunity to present their views. Decisions of the commission may be appealed to the Zoning Board of Adjustment in the same manner as appeals from a decision of an administrative officer. 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. th Passed, approved, and adopted the 6 day of July, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 10 day of July, 2015. /s/Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Jones acknowledged the deaths of retired Dubuque Police Officer Bob Flannery; and leading citizens Jim Waller, Larry Cremer, and Steve Daykin. Mayor Buol reported on his attendance at the recent U.S. Conference of Mayors in San Francisco highlighting the escalating costs of infrastructure repairs nationwide; how Charleston, SC, is coping with the recent shootings; solarizing Blacksburg, VA; and President Obama’s mention of Dubuque for its sustainability efforts. PUBLIC INPUT Adam Schwendinger, 1845 Bennett Street, addressed the City Council regarding his concerns with residential parking issues between the Bennett Street neighborhood and the University of Dubuque. CLOSED SESSION Motion by Jones to convene in closed session at 7:40 p.m. to discuss pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second- ed by Connors. Motion carried 7-0. 33 Upon motion the City Council reconvened in open session at 8:36 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:37 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 34