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8 1 11 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The City Council met in special session at 5:15 p.m. on August 1, 2011 in the Historic Fed- eral Building, 350 W. 6th Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, As- sistant City Manager Steinhauser, (City Manager Van Milligen joined at 5:23 p.m., and City At- torney Lindahl joined at 5:20 p.m.). Mayor Buol read the call and stated this is a special session of the City Council to conduct a work session on the Green and Healthy Homes Initiative. WORK SESSION GREEN AND HEALTHY HOMES INITIATIVE Public Health Specialist Mary Rose Corrigan provided an overview of the work session and introduced staff and partner representatives. A slide presentation was presented by Ms. Corri- gan, Eric Dregne (Dubuque 2.0), Lindsey Harms (Green and Health Homes Initiatives), David Lyons (IBM /Smarter Sustainable Dubuque), and Kim Glaser and Bob Boge (Housing and Community Development). Highlights included: • Relationship of GHHI to the Sustainable Dubuque Goals Environmental /Ecological Integrity: healthy air, clean water, native plants & ani- mals Economic Prosperity: regional economy, smart energy use, resource manage- ment, community design Social /Cultural Vibrancy: green buildings, healthy local foods, community knowledge, reasonable mobility • What is the Green & Healthy Home Initiative? - Weatherization, energy efficiency, health, safety /education • Current 16 Green and Health Homes Initiatives national sites L i Dubuque is the only city under 100,000 population in the program • Collaborative Partners: community -based organizations and private- sector business • Funding Sources: Department of Housing and Urban Development, Community Devel- opment Block Grant, Iowa Department of Health, Department of Education, and the Community Foundation of Greater Dubuque • Innovations and Collaborations • LEAN - Principled Training • Home Advocate Vision and First Pilot Home Review There being no further business, upon motion the City Council adjourned at 6:22 p.m. Kevin S. Firnstahl Acting City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The City Council met in special session at 6:30 p.m. on August 1, 2011 in the Historic Fed- eral Building, 350 W. 6th Street. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to conduct such business that may properly come before the Council. Pledge of Allegiance Invocation was provided by Chaplain Maria Wiblin of Hillcrest Family Services. PROCLAMATIONS Responsible Gaming Education Week (August 1 -5, 2011) was accepted by Todd Moyer of the Diamond Jo Casino and Brian Southwood of Mystique Casino; United Way Campaign Time was accepted by Judy Wolf, United Way Campaign Co- Chair. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7 -0. Minutes and Reports Submitted: City Council proceedings of 7/18; Electrical Code Board of 5/23; Housing Commission of 5/24; Human Rights Commission of 5/9; Long Range Planning Advisory Commission of 7/20; Safe Community Advisory Committee of 7/13 Library Board of Trustees Update from Meeting of 6/28 Proof of Publication of City Council Proceedings of 7/5 and 7/6 Upon motion the documents were received and filed. Notice of Claims /Suits: Benjamin Heiderscheit for vehicle damage; Abby and Marty Kluesner for vehicle damage; Cole Schiel for personal injury. Upon motion the documents were received, filed and referred to the City Attorney. City Attorney advising that the following claims have been referred to Public Entity Risk Ser- vices of Iowa, the agent for the Iowa Communities Assurance Pool: Benjamin Heiderscheit for vehicle damage; Mark Jennings for vehicle damage; Marty Kluesner for vehicle damage. Upon motion the documents were received, filed and concurred. U.S. Mayor Magazine: City Manager transmitting two articles from US Mayor Magazine enti- tled "Mayors Explore Opportunities for Cities to Work Smarter Using Technology," and "Hou- ston, Evanston Win 2011 Mayors Climate Protection Awards," which mention Dubuque and Mayor Roy Boul. Upon motion the documents were received and filed. 2 Carnegie -Stout Public Library Renovation Project — Contract No. 2 — Doors, Frames and Hardware: City Manager recommending acceptance of the Carnegie -Stout Public Library Ren- ovation Project, Contract No. 2 — Doors, Frames and Hardware (supply materials only), as completed by Doors, Inc., in the final contract amount of $95,791.00. Upon motion the docu- ments were received and filed and Resolution No. 236A -11 Accepting the Carnegie -Stout Pub- lic Library Renovation Project, Contract No. 2 — Doors, Frames and Hardware (supply only) and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 236A -11 ACCEPTING THE CARNEGIE -STOUT PUBLIC LIBRARY RENOVATION PROJECT, CON- TRACT NO. 2 — DOORS, FRAMES AND HARDWARE (SUPPLY ONLY) AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Carnegie -Stout Public Library Renova- tion Project, Contract No. 2 — Doors, Frames and Hardware (Supply Only) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Obligation Bonds (TIF Abated), Library Renovation General Funds, Library Fund - Raising (cash and pledges), Curtis Collection Sale, and Heade Painting Sale appropriations for the contract amount of $95,791.00 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 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE CARNEGIE -STOUT PUBLIC LIBRARY RENOVATION PROJECT, CONTRACT NO. 2 — DOORS, FRAMES AND HARDWARE (SUPPLY ONLY) The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Carnegie -Stout Public Library Renovation Project, Contract No. 2 — Doors, Frames and Hardware (Supply Only), that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $95,791.00. Dated this 21st day of July, 2011. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 25th day of July, 2011. Kevin S. Firnstahl, Acting City Clerk Carnegie -Stout Public Library Renovation Project Contract No. 5 — Acoustical Tile Ceilings: City Manager recommending acceptance of the Carnegie -Stout Public Library Renovation Pro- ject, Contract No. 5 — Acoustical Tile Ceilings, as completed by Artisan, in the final contract amount of $102,627.74. Upon motion the documents were received and filed and Resolution 3 No. 237 -11 Accepting the Carnegie -Stout Public Library Renovation Project, Contract No. 5 — Acoustical Tile Ceilings and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 237 -11 ACCEPTING THE CARNEGIE -STOUT PUBLIC LIBRARY RENOVATION PROJECT, CON- TRACT NO. 5 — ACOUSTICAL TILE CEILINGS AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Carnegie -Stout Public Library Renova- tion Project, Contract No. 5 — Acoustical Tile Ceilings has been completed and the City Engi- neer 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 recom- mends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the General Obligation Bonds (TIF Abated), Library Renovation General Funds, Library Fund - Raising (cash and pledges), Curtis Collection Sale, and Heade Painting Sale appropriations for the contract amount of $102,627.74 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 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE CARNEGIE -STOUT PUBLIC LIBRARY RENOVATION PROJECT, CONTRACT NO. 5 — ACOUSTICAL TILE CEILINGS. The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Carnegie -Stout Public Library Renovation Project, Contract No. 5 — Acoustical Tile Ceilings, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $102,627.74. Dated this 21st day of July, 2011. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 25th day of July, 2011. Kevin S. Firnstahl, Acting City Clerk Zoning Advisory Commission: Communication from Jeff Stiles submitting his resignation from the Zoning Advisory Commission. Upon motion the document was received, filed and the resignation accepted. Indiana Subdivision — Acceptance of Quit Claim Deed: City Manager recommending ac- ceptance of the Quit Claim Deed for the storm water detention facility in Indiana Subdivision. Upon motion the documents were received and filed and Resolution No. 238 -11 Accepting a conveyance of property in Indiana Subdivision to the City of Dubuque for storm water detention facilities was adopted. 4 RESOLUTION NO. 238 -11 ACCEPTING A CONVEYANCE OF PROPERTY IN INDIANA SUBDIVISION TO THE CITY OF DUBUQUE FOR STORM WATER DETENTION FACILITIES Whereas, KZ Investments, LLC pursuant to Resolution No. 341 -05 approving the Final Plat of Indiana Subdivision, which KZ Investments, LLC agreed to construct storm water detention facilities in compliance with improvement plans approved by the City Engineer; and Whereas, KZ Investments, LLC has constructed said improvements on Lot A of Indiana Subdivision; and Whereas, KZ Investments, LLC has executed a conveyance of said Lot A. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Quit Claim Deed from KZ Investments, LLC, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, adopted and approved this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk MWH Americas, Inc. / MidAmerica Energy Company: City Manager recommending approval of the execution of the City's License Agreement for the soil boring and monitoring well instal- lations on City right -of -way for the continued environmental assessment of the former Peoples Natural Gas site. Upon motion the documents were received and filed and Resolution No. 239- 11 Authorizing License Agreement for site assessment between the City of Dubuque and Theile Geotech, Inc., to conduct soil borings and install monitoring wells on public right -of -way in the area of 925 Kerper Boulevard was adopted. RESOLUTION NO. 239 -11 AUTHORIZING LICENSE AGREEMENT FOR SITE ASSESSMENT BETWEEN THE CITY OF DUBUQUE AND THIELE GEOTECH, INC. TO CONDUCT SOIL BORINGS AND IN- STALL MONITORING WELLS ON PUBLIC RIGHT -OF -WAY IN THE AREA OF 925 KERPER BOULEVARD Whereas, MWH Americas, Inc. (MWH), on behalf of MidAmerican Energy Company, has requested permission from the City of Dubuque to conduct eight soil borings and to install two monitoring wells on City right -of -way east of 925 Kerper Boulevard in Dubuque, Iowa, for the purpose of evaluating impacted groundwater that may be associated with the former Peoples Natural Gas (PGN) site; and Whereas, the License Agreement for Site Assessment has been prepared outlining the re- sponsibilities of MHW in the installation of monitor wells and in the performance of soil borings on public right -of -way; and Whereas, the performance of the activities of MWH will be at no cost or expense to the City, and all work will be performed by MWH, or its employees, agents or subcontractors; and Whereas, it is the desire of the City Council to approve said License Agreement for Site As- sessment for the installation of monitoring wells and soil borings in the public right -of -way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 5 Section 1. The License Agreement for Site Assessment be and the same is hereby ap- proved. Section 2. That the Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passed, approved and adopted this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Request for Proposal — Public Safety Software: City Manager recommending approval of the release of a Request for Proposal for public safety software for Dubuque County and City of Dubuque emergency operations. Upon motion the documents were received, filed, and ap- proved. Purchase of Service Agreement — Dubuque County Iowa State University Extension: City Manager recommending approval of a Purchase of Service Agreement with Dubuque County Iowa State University Extension for operating costs for recreation programs as part of the Neighborhood Recreation Program. Upon motion the documents were received, filed, and ap- proved. Purchase of Service Agreement — Four Mounds Foundation: City Manager recommending approval of a Purchase of Service Agreement with Four Mounds Foundation for operating costs for the Day Camp Program as part of the summer Neighborhood Recreation Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement — Hills and Dales Senior Programs: City Manager recom- mending approval of a Purchase of Service Agreement with Hills and Dales for operating costs for the Lifetime Center to provide educational, recreational and social programs to senior citi- zens at 3505 Stoneman Road. Upon motion the documents were received, filed, and ap- proved. Purchase of Service Agreement — Northeast Iowa School of Music: City Manager recom- mending approval of a Purchase of Service Agreement with the Northeast Iowa School of Mu- sic for operating costs for providing music lessons for nine children as part of the summer Up- town Recreation Program. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement — Opening Doors for Emergency and Transitional Housing: City Manager recommending approval of a Purchase of Service Agreement with Opening Doors for operating costs for operational costs for Teresa Shelter, an emergency shelter for 28 women and children, and Maria House, a transitional facility the houses up to 18 women and children. Upon motion the documents were received, filed, and approved. Purchase of Service Agreement — Project Concern, Inc., Information and Referral and Child Care Referral: City Manager recommending approval of a Purchase of Service Agreement with Project Concern, Inc. to help provide financial counseling and medical services information and referral services, and child care resource and referral services to low- and moderate - income residents of the City of Dubuque. Upon motion the documents were received, filed, and ap- proved. 6 Purchase of Service Agreement — Washington Neighborhood Tool Library: City Manager recommending approval of a Purchase of Service Agreement with the Washington Tool Library to provide lending free tools and equipment for low and moderate income persons. Upon mo- tion the documents were received, filed, and approved. First Half of 2011 Weed /Junk/Garbage Assessments: City Manager recommending the levy of special assessments for the first half of the 2011 Weed /Junk/Garbage Enforcement Pro- gram in the total amount of $1,565, which is being levied against 14 separate parcels of prop- erty. Upon motion the documents were received and filed and Resolution No. 240 -11 Adopting the Schedule of Assessments for first half of 2011 and directing the Acting City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 240 -11 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR FIRST HALF OF 2011 AND DI- RECTING THE ACTING CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for weed /grass cutting and junk/garbage removal tax assessments which Schedule of Assessments was filed in the office of the City Clerk on the 26th day of July, 2011, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is herby assessed and levied as a lien upon the real property, the re- spective sums indicated. That the Acting City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or be- fore the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and di- rected in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be col- lected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin Firnstahl, Acting City Clerk Schedule of Assessments 1st Half of 2011 Weed /Grass /Garbage /Junk Liens Tanzanite, 591;Wells Fargo Bank NA, CIO Pennymac Corp, PO Box 30597, Los Angeles CA 90030; 1002479029; Lot 1 -4 Emerald Acres # 4;weeds /grass;$77.50 7 Tanzanite, 601;Spiros & Eugenia Nasiopoulos, 601 Tanzanite Dr Dubuque IA 52001;1002479016;Lot 1 -1 Emerald Acres # 4;Weeds /grass;$77.50 Vizaleea, 1713;Kellie Kaiser, 1713 Vizaleea, Dubuque IA 52002;1021457012;Lot 2 Blk 7 Key Knolls Sub; Weeds /grass;$95.00 West 3rd, 1815;Corey Bonner, 1815 W 3rd St., Dubuque IA 52001;1026252022;Lots 13, 13A, 14 & 14A all in Hodges Sub # 2;Weeds /grass;$95.00 Smart Planning Consortium Update: City Manager transmitting an update on the June 22 and July 13, 2011 Smart Planning Consortium meetings on the Dubuque County Regional Smart Plan for Council review and feedback. Upon motion the documents were received and filed. Federal Emergency Management Agency (FEMA) Flood Management Measures: City Man- ager recommending approval of a letter to be sent to the Federal Emergency Management Agency (FEMA) regarding the City's efforts to implement the required floodplain management measures for participation in the National Flood Insurance Program. Upon motion the docu- ments were received, filed, and approved. Salt Handling Agreement: City Manager recommending approval of a salt handling contract with Gavilon Grain, LLC, d /b /a Peavey Company for the 2011 -2012 season at $5.00 per ton. Upon motion the documents were received, filed, and approved. Morton Salt, Inc. Agreement: City Manager recommending approval of a one -year (through May 31, 2012) salt storage and handling agreement with representatives of Morton Salt, Inc. Upon motion the documents were received, filed, and approved. Flexsteel Industries, Inc. — State of Iowa Direct Financial Assistance: City Manager recom- mending approval of a contract with the Iowa Department of Economic Development (IDED) for Iowa Values Funds Financial Assistance benefits on behalf of Flexsteel Industries, Inc., for a corporate headquarters located in Dubuque. Upon motion the documents were received and filed and Resolution No. 241 -11 Approving an Iowa Values Fund Financial Assistance contract by and among the Iowa Department of Economic Development, the City of Dubuque and Flexsteel Industries, Inc., was adopted. RESOLUTION NO. 241 -11 APPROVING AN IOWA VALUES FUND FINANCIAL ASSISTANCE CONTRACT BY AND AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF DUBUQUE AND FLEXSTEEL INDUSTRIES, INC. Whereas, the Flexsteel Industries, Inc. application was approved by the Iowa Department of Economic Development on April 21, 2011; and Whereas, the Iowa Department of Economic Development has prepared and submitted for City Council approval a contract relating to Iowa Values Fund Financial Assistance benefits for Flexsteel Industries, Inc. a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed contract is acceptable and necessary to the growth and development of the city. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 8 Section 1. That the Iowa Department of Economic Development Iowa Values Fund Financial Assistance contract, Number 11- IVF /TC -70, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Contract on be- half of the City of Dubuque and forward the executed copy to the Iowa Department of Econom- ic Development for their approval. Passed, approved, and adopted this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Helping Services of Northeast Iowa: Communication from David Runyon, Executive Director of Helping Services of Northeast Iowa, thanking the City Council for its support and budget as- sistance. Upon motion the document was received and filed. Liquor License Applications: City Manager recommending approval of annual liquor license renewals as submitted. Upon motion the documents were received and filed and Resolution No. 242 -11 Granting the issuance of a Class "C" Beer /Liquor License to Shannon's Bar & Grill, Torero, and Eagle Club (1 -Day Outdoor Sale); and a Special Class "C" Liquor License (5 -Day Special Event) to the Dubuque Jaycees was adopted. RESOLUTION NO. 242 -11 Whereas, applications for Liquor Licenses have been submitted to this 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 State Laws and all City Ordinances relevant thereto and they have filed proper bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Manager be authorized to cause to be issued the following named applicants a Liquor License. Shannon' Bar & Grill Torero, LLC DBQ Eagle's Club CLASS "C" BEER /LIQUOR LICENSE Shannon's Bar & Grill +(Sunday Sale) Torero +(Sunday Sale) Eagle Club (1 Day Outdoor Sale) 521 E. 22nd St. 285 Main St. 1175 Century Dr. SPECIAL CLASS "C" LIQUOR (5 -DAY SPECIAL EVENT) Dubuque Jaycee Dubuque Jaycees Alliant Amphitheater Passed, approved and adopted thisl st day of August, 2011 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting 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. Se- conded by Connors. Motion carried 7 -0. Pump Room Roof Replacement Project: City Manager recommending approval of the pre- liminary specifications for the Pump Room Roof Replacement Project, and initiation of the bid- ding process and that a public hearing be set for August 15, 2011. Upon motion the documents 9 were received and filed and Resolution No. 243 -11 Preliminary approval of the specifications, form of contract, and estimated cost; setting date of public hearing on the specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 15, 2001 in the Historic Federal Building. RESOLUTION No. 243 -11 PUMP ROOM ROOF REPLACEMENT PRELIMINARY APPROVAL OF THE SPECIFICATIONS, FORM OF CONTRACT, AND ES- TIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed specifications, form of contract and estimated cost for the construction cost to replace the pump room roof in an estimated amount of $121,000.00 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 15th day of August, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed 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 objec- tions to the proposed specifications, form of contract, or estimated cost of the Project. The Pump Room Roof Replacement project is hereby ordered to be advertised for bids. The amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty -five days before the date for filing bids before 10:00 a.m. on the 23rd day of August. Bids shall be opened and read by the City Clerk at 10:00 a.m. and will be submitted to the City Council for final action at the public hearing at 6:30 p.m. on the 6th day of Septem- ber, in the Historic Federal Building Council Chambers (Second Floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin Firnstahl, Acting City Clerk Green Industrial Supply Development Agreement and Land Sale: City Manager recom- mending that a public hearing be set for August 15, 2011, on the disposition of approximately 24.506 acres of property in Dubuque Industrial Center West to Green Industrial Supply, Inc., and Green Industrial Properties, LLC for the purpose of constructing a 140,000 square -foot of- fice /distribution and light manufacturing facility pursuant to a development agreement with the City and the use of Urban Renewal Tax Increment Revenue Obligations. Upon motion the documents were received and filed and Resolution No. 244 -11 Resolution of Intent to dispose 10 of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed issuance of Urban Renewal Tax Incre- ment Revenue Obligations and the execution of a Development Agreement relating thereto with Green Industrial Supply, Inc., and Green Industrial Properties, 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 August 15, 2011 in the Historic Federal Building. RESOLUTION NO. 244 -11 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RE- LATING THERETO WITH GREEN INDUSTRIAL SUPPLY, INC. AND GREEN INDUSTRIAL PROPERTIES, LLC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 3 of Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa; and Whereas, City and Green Industrial Supply, Inc. and Green Industrial Properties, LLC have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubu- que, Iowa, pursuant to which City will convey the Property to Green Industrial Supply, Inc. and Green Industrial Properties, LLC as shown on Exhibit A attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best interests of the City to approve the Development Agreement, including the conveyance of the Property to Green Industrial Supply, Inc. and Green Industrial Properties, LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Ur- ban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa re- quires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and /or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described Property by Deed to Green Industrial Supply, Inc. and Green Industrial Properties, LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 15th day of Au- gust, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Green Industrial Supply, Inc. and Green Industrial Properties, LLC the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of eco- 11 nomic developments grants to Green Industrial Supply, Inc. and Green Industrial Properties, LLC pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obliga- tions will be approximately $1,770,000. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a no- tice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 5. That the notice of the proposed action to issue said obligations shall be in sub- stantially the form attached hereto. Passed, approved and adopted this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Paragon Square — Urban Renewal Tax Increment Revenue Notes: City Manager recom- mending that a public hearing be set for August 15, 2011, on the sale of Tax Increment Financ- ing Bonds up to $350,000 to assist in the renovation of the former Holy Ghost School and Convent buildings. Upon motion the documents were received and filed and Resolution No. 245 -11 Fixing the date for a meeting on the proposition of the issuance of not to exceed $350,000 Urban Renewal Tax Increment Revenue Notes of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 15, 2011 in the Historic Federal Building. RESOLUTION NO. 245 -11 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSU- ANCE OF NOT TO EXCEED $350,000 URBAN RENEWAL TAX INCREMENT REVENUE NOTES OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should issue Urban Renewal Tax Increment Revenue Notes to the amount of not to exceed $350,000, as authorized by Section 403.9 of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out a project as hereinafter described; and Whereas, Section 403.9 sets forth the procedural action required to be taken before said Urban Renewal Tax Increment Revenue Notes may be issued, and it is therefore neces- sary that the action hereinafter described be taken and that the Clerk publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and /or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 15th day of August, 2011, for the purpose of tak- ing action on the matter of the issuance of not to exceed $350,000 Urban Renewal Tax Incre- ment Revenue Notes, the proceeds of which will be used to provide funds to pay costs of aid- ing in the planning, undertaking and carrying out of urban renewal project activities under the authority of Chapter 403 of the Code of Iowa and the Urban Renewal Plan for the Holy Ghost Urban Renewal District, including those costs associated with the funding of economic devel- opment grants to Paragon Square, LLC, an Illinois limited liability company, under the terms of 12 a Development Agreement between the City of Dubuque and Paragon Square, LLC, as the same may be amended from time to time, and the funding of related reserves and payment of capitalized interest and the costs of issuance of the Notes. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meet- ing on the issuance of said obligations. Section 3. The notice of the proposed action to issue said Urban Renewal Tax Incre- ment Revenue Notes shall be in substantially the [provided] form. Passed and approved this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Dubuque Regional Airport — Conservation Easement: City Manager recommending a public hearing be set for August 15, 2011 to dispose of an interest in City property as set forth in the Declaration of Conservation Covenants and Restriction Conservation Easement on the speci- fied property at the Dubuque Regional Airport. Upon motion the documents were received and filed and Resolution No. 246 -11 Resolution of Intent to dispose of an interest in City of Dubu- que real estate and fixing the date for a public hearing of the City Council of the City of Dubu- que, Iowa, on the proposed disposition of City -owned property in the form of a Declaration of Conservation Covenants and Restrictions 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 August 15, 2011 in the Historic Federal Building. RESOLUTION NO. 246 -11 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED DISPOSITION OF CITY OWNED PROPERTY IN THE FORM OF A DECLARATION OF CONSERVATION COVENANTS AND RE- STRICTIONS AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described in the attached Declaration of Conservation Covenants and Restrictions; and Whereas, the City Council has determined that it would be in the best interests of the City to restrict the use of the property described in the Declaration of Conservation Covenants and Restrictions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of an interest in the foregoing- described Property as described in the attached Declaration of Conservation Covenants and Restrictions. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a no- tice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 15th day of August, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less 13 than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Passed, approved and adopted this 1st day of August, 2011. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Published officially in the Telegraph - Herald Newspaper the 5th day of August, 2011. /s /Kevin S. Firnstahl BOARDS /COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the fol- lowing Boards /Commissions: Housing Commission: Three 3 -year terms through August 17, 2014 (Expiring terms of Eudaley, Rogaskie, and Ronek). Applicants: Amy Eudaley, 950 Wood Street; Patricia Rogaskie, 1502 % Maple Street; Regine Ronek, 2282 White Street. Ms. Eudaley spoke in support of her appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Coun- cil. Redistricting Plan for City Wards and Precincts (Tabled from July 18, 2011). Proof of Publi- cation on notice of public hearing to review and approve the 2011 redistricting Plan for City Wards and Precincts and the Precinct Agreement with Dubuque County, and the City Manager recommending approval. Motion by Jones to remove from the table and reopen the public hearing. Seconded by Braig. Motion carried 7 -0. Motion by Jones to receive and file the documents, approve the agreement and that the re- quirement 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 Jones for final consideration and passage of Ordinance No. 38 -11 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Chapter 8, Elections, and adopting in lieu thereof a new Chapter 8, Elections, establishing boundaries for four (4) wards and twenty (20) precincts. Seconded by Braig. Motion carried 7- 0. OFFICIAL PUBLICATION ORDINANCE NO. 38 -11 AMENDING TITLE 1 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEAL- ING CHAPTER 8, ELECTIONS, WARDS AND PRECINCTS, AND ADOPTING IN LIEU THEREOF A NEW CHAPTER 8, ELECTIONS, WARDS AND PRECINCTS, ESTABLISHING BOUNDARIES FOR FOUR (4) WARDS AND TWENTY (20) PRECINCTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 8 of the City of Dubuque Code of Ordinances is hereby repealed. Section 2. A new Chapter 8 of the City of Dubuque Code of Ordinances, attached hereto and incorporated herein, is hereby adopted. 14 Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 1st day of August, 2011. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, Acting City Clerk Published officially in the Telegraph Herald Newspaper the 5th day of August, 2011. /s /Kevin S. Firnstahl, Acting City Clerk ARTICLE 1: IN GENERAL Section 1 -8 -1. Definitions and rules of construction For purposes of this chapter, unless the context otherwise requires, the following definitions and rules or construction shall be applied. Points of the compass are approximate unless otherwise stated. All names, boundaries, lines, features and fixtures are to be construed as they existed on the effective date of this chapter. Annexed territory means territory annexed to the City after the effective date of this chapter. City includes all territory within the corporate limits of the City of Dubuque and all annexed territories. Commissioner of elections means the County Auditor of Dubuque County. Corporate limits mean the corporate limits of the city on the effective date of this chapter. Street or similar language means the centerline of the right -of -way and a straight extension of that centerline. Section 1 -8 -2. Correction of errors. (a) Correction of errors. If this chapter fails to place any part of the city within a precinct or ward established by this chapter, the Commissioner of Elections shall assign the omitted area to an adjacent precinct or ward within the same legislative district. If this chapter places any of the city in more than one precinct or ward established by this chapter, the Commissioner of Elections shall assign that territory to an adjacent precinct or ward within the proper legislative district. The Commissioner of Elections may also correct obvious clerical errors in this chapter. (b) Annexation of territory: When territory is annexed to the city, the City Council may at- tached all or any part of the annexed territory to any established precinct or precincts, which are contiguous to the annexed territory; however, this subsection shall not prohib- it establishment of one or more new precincts in the annexed territory. ARTICLE 2. PRECINCTS Section 1 -8 -3: City divided into 20 precincts. The City is hereby divided into 20 precincts as described in this Article. Section 1 -8 -4: Precinct 1 The 1st Precinct is described as that portion of the city of Dubuque and Dubuque County bounded by a line beginning at the point that the southbound lane of U.S. Highway 52/61/151 intersects South Grandview Avenue, thence southerly along the southbound lane of U.S. Highway 52/61/151 until it intersects the boundary of the city of Dubuque, thence easterly along the boundary of the city of Dubuque until it intersects the boundary of Mosalem Town- ship, thence southerly along the boundary of Mosalem Township until it intersects the bounda- ry of the city of Dubuque, thence southwesterly and then northerly along the boundary of the city of Dubuque until its intersects North Cascade Road, thence easterly along North Cascade Road until it intersects Cedar Cross Road, thence southeasterly along Cedar Cross Road until it intersects Fremont Avenue, thence northeasterly along Fremont Avenue until it intersects the 15 Chicago Central and Pacific Railroad, thence southeasterly along the Chicago Central and Pa- cific Railroad until it intersects Rockdale Road, thence northerly along Rockdale Road until it intersects Southern Avenue, thence northerly along Southern Avenue until it intersects Arrow- head Drive, thence westerly along Arrowhead Drive until it intersects Wallis Place, thence easterly along Wallis Place until it intersects Indian Ridge, thence northerly along Indian Ridge until it intersects the northwest bound lane of South Grandview Avenue, thence easterly along the northwest bound lane of South Grandview Avenue to the point of origin at the intersection of South Grandview Avenue and the southbound lane of U.S. Highway 52/61/151. Section 1 -8 -5: Precinct 2 The 2nd Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the point that the northwest bound lane of South Grandview Avenue intersects Indi- an Ridge, thence southerly and westerly along the boundary of Precinct 1 until it intersects the boundary of the city of Dubuque, thence northwesterly along the boundary of the city of Dubu- que until it intersects the boundary of Census Block 1026, Tract 101.04, thence northerly along the boundary of Census Block 1026, Tract 101.04 until it intersects the eastbound lane of Dodge Street, thence easterly along the eastbound lane of Dodge Street until it intersects the northbound lane of the Northwest Arterial, thence northerly along the northbound lane of the Northwest Arterial until it intersects the westbound lane of Dodge Street, thence easterly along the westbound lane of Dodge Street until it intersects Century Drive, thence southerly along Century Drive until it intersects the eastbound lane of Dodge Street, thence easterly along the eastbound lane of Dodge Street until it intersects the eastbound Fremont Avenue off - ramp, thence easterly along the eastbound Fremont Avenue off -ramp until it intersects the south bound lane of South Grandview Avenue, thence southerly along the southbound lane of South Grandview Avenue until it intersects Henderson Street, thence northeasterly along Hen- derson Street until it intersects the northbound lane of South Grandview Avenue, thence southerly along the northbound lane of South Grandview Avenue until it intersects State Street, thence southerly along State Street until it intersects the southbound lane of South Grandview Avenue, thence southerly along the southbound lane of South Grandview Avenue until it inter- sects Adeline Street, thence easterly along Adeline Street until it intersects the northbound lane of South Grandview Avenue, thence southerly along the northbound lane of South Grandview Avenue to the point of origin at the intersection of the northwest bound lane of South Grandview Avenue and Indian Ridge. Section 1 -8 -6: Precinct 3 The 3rd Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the intersection of Steger Lane and the eastbound lane of Dodge Street, thence westerly along the eastbound lane of Dodge Street until it intersects Century Drive, thence nor- therly along Century Drive until it intersects Sylvan Drive, thence northerly along Sylvan Drive until it intersects Pennsylvania Avenue, thence westerly along Pennsylvania Avenue until it in- tersects the southbound lane of the Northwest Arterial, thence northerly along the southbound lane of the Northwest Arterial until it intersects the north fork of Catfish Creek, thence easterly along the north fork of Catfish Creek until it intersects Keyway Drive, thence northerly along Keyway Drive until it intersects Hillcrest Road, thence easterly along Hillcrest Road until it in- tersects John F. Kennedy Road, thence southerly along John F. Kennedy Road until it inter- sects Pennsylvania Avenue, thence easterly along Pennsylvania Avenue until it intersects Drexel Avenue, thence southerly along Drexel Avenue until it intersects Van Buren Street, thence northwesterly along Van Buren Street until it intersects the Catfish Creek North Branch, thence southerly along the Catfish Creek North Branch until it intersects an unnamed road, thence southeasterly along the unnamed road until it intersects University Avenue, thence southwesterly along University Avenue until it intersects the north fork of Catfish Creek, thence 16 southeasterly along the north fork of Catfish Creek until it intersects the westbound lane of Dodge Street, thence easterly along the westbound lane of Dodge Street until it intersects Steger Lane thence southerly along Steger Lane to the point of origin at the intersection of the eastbound lane of Dodge Street and Steger Lane. Section 1 -8 -7: Precinct 4 The 4th Precinct is described as that portion of the city of Dubuque and Dubuque County bounded by a line beginning at the point that the boundary of the city of Dubuque intersects North Cascade Road, thence southwesterly along North Cascade Road until it intersects the south boundary of Dubuque Township, thence westerly along the south boundary of Dubuque Township until it intersects the boundary of the city of Dubuque, thence westerly, southerly, easterly and northerly along the boundary of the city of Dubuque until it intersects the south boundary of Center Township, thence westerly along the south boundary of Center Township until it intersects the boundary of the city of Dubuque, thence northerly along the boundary of the city of Dubuque until it intersects the east boundary of Center Township, thence northerly along the east boundary of Center Township until it intersects the boundary of the city of Dubuque, thence northerly then easterly along the boundary of the city of Dubuque until it in- tersects Asbury Road east of Radford Road, thence easterly along Asbury Road until it inter- sects the southbound lane of the Northwest Arterial, thence southerly along the southbound lane of the Northwest Arterial until it intersects Pennsylvania Avenue, thence easterly along Pennsylvania Avenue until it intersects Sylvan Road, thence southerly along Sylvan Road until it intersects Century Drive, thence southerly along Century Drive until it insects the boundary of Precinct 2, thence westerly then southeasterly along the boundary of Precinct 2 until it inter- sects the boundary of the city of Dubuque, thence southeasterly along the boundary of the city of Dubuque to the point of origin at the intersection of the boundary of the city of Dubuque and North Cascade Road. Section 1 -8 -8: Precinct 5 The 5th Precinct is described as that portion of city of Dubuque bounded by a line beginning at the point that the Northwest Arterial intersects John F. Kennedy Road, thence northerly along John F. Kennedy Road until it intersects the northern boundary of the city of Dubuque, thence westerly then southerly along the northern boundary of the city of Dubuque until it inter- sects Asbury Road, thence easterly along Asbury Road until it intersects the southbound lane of the Northwest Arterial, thence southerly along the southbound lane of the Northwest Arterial until it intersects the north fork of Catfish Creek, thence easterly along the north fork of Catfish Creek until it intersects Keyway Drive, thence northerly along Keyway Drive until it intersects Hillcrest Road, thence easterly along Hillcrest Road until it intersects John F. Kennedy Road, thence northerly along John F. Kennedy Road until it intersects Kaufmann Avenue, thence westerly along Kaufmann Avenue until it intersects Bonson Road, thence northerly along Bonson Road until it intersects Megan Street, thence easterly along Megan Street until it inter- sects Sunset Park Circle, thence northeasterly along Sunset Park Circle until it intersects John F. Kennedy Road, thence northerly along John F. Kennedy Road to the point of origin at the intersection of the Northwest Arterial and John F. Kennedy Road. Section 1 -8 -9: Precinct 6 The 6th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the point that Central Avenue intersects the northern boundary of the city of Dubu- que, thence westerly along the northern boundary of the city of Dubuque until it intersects the boundary of Precinct 5, thence southerly along the boundary of Precinct 5 until it intersects Kaufmann Avenue, thence easterly along Kaufmann Avenue until it intersects Carter Road, thence northerly along Carter Road until it intersects West 32nd Street, thence easterly along West 32nd Street until it intersects Central Avenue, thence northwesterly along Central Ave- 17 nue to the point of origin at the intersection of Central Avenue and the boundary of the city of Dubuque. Section 1 -8 -10: Precinct 7 The 7th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the point that Kaufmann Avenue intersects John F. Kennedy Road, thence southerly along John F. Kennedy Road until it intersects Pennsylvania Avenue, thence easterly along Pennsylvania Avenue until it intersects Bristol Drive, thence northerly along Bristol Drive until it intersects St. Anne Drive, thence easterly along St. Anne Drive until it intersects Flora Park Road, thence northerly along Flora Park Road until it intersects Wilbricht Lane, thence easterly along Wilbricht Lane until it intersects Asbury Road, thence northwesterly along Asbury Road until it intersects Chaney Road, thence northerly along Chaney Road until it intersects Kauf- mann Avenue, thence westerly along Kaufmann Avenue to the point of origin at the intersec- tion of Kaufmann Avenue and John F. Kennedy Road. Section 1 -8 -11: Precinct 8 The 8th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the point that North Grandview Avenue intersects West 32nd Street, thence westerly along West 32nd Street until it intersects Carter Road, thence southerly along Carter Road un- til it intersects Kaufmann Avenue, thence easterly along Kaufmann Avenue until it intersects Chaney Road, thence southerly along Chaney Road until it intersects Asbury Road, thence southeasterly along Asbury Road until it intersects Rosedale Avenue, thence easterly along Rosedale Avenue until it intersects Avoca Street, thence northerly along Avoca Street until it intersects North Grandview Avenue, thence northerly along North Grandview Avenue to the point of origin at the intersection of North Grandview Avenue and West 32nd Street. Section 1 -8 -12: Precinct 9 The 9th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the point that Hempstead Street intersects Kaufmann Avenue, thence westerly along Kaufmann Avenue until it intersects North Grandview Avenue, thence southerly along North Grandview Avenue until it intersects Loras Boulevard, thence easterly along Loras Boulevard until it intersects Cox Street, thence northerly along Cox Street until it intersects Kirkwood Street, thence northeasterly along Kirkwood Street until it intersects West Locust Street, thence easterly along West Locust Street until it intersects Foye Street, thence norther- ly along Foye Street until it intersects Lowell Street, thence westerly along Lowell Street until it intersects Hempstead Street, thence northerly along Hempstead Street to the point of origin at the intersection of Hempstead Street and Kaufmann Avenue. Section 1 -8 -13: Precinct 10 The 10th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at a point that North Grandview Avenue intersects Loras Boulevard, thence northerly and westerly along North Grandview Avenue until it intersects Rosedale Avenue, thence west- erly along Rosedale Avenue until it intersects Asbury Road, thence northwesterly along Asbury Road until it intersects Wilbricht Lane, thence westerly along Wilbricht Lane until it intersects Flora Park Road, thence southerly along Flora Park Road until it intersects St. Anne Drive, thence westerly along St. Anne Drive until it intersects Bristol Drive, thence southerly along Bristol Drive until it intersects Pennsylvania Avenue, thence easterly along Pennsylvania Ave- nue until it intersects Drexel Avenue, thence southerly along Drexel Avenue until it intersects Van Buren Street, thence northwesterly along Van Buren Street until it intersects the Catfish Creek North Branch, thence southerly along the Catfish Creek North Branch until it intersects the unnamed road, thence southeasterly along the unnamed road until it intersects University Avenue, thence southwesterly along University Avenue until it intersects the north fork of Cat- fish Creek, thence southeasterly along the north fork of Catfish Creek until it intersects the 18 westbound lane of Dodge Street, thence easterly along the westbound lane of Dodge Street until it intersects Steger Lane, thence southerly along Steger Lane until it intersects the east- bound lane of Dodge Street, thence easterly along the eastbound lane of Dodge Street until it intersects Gandolfo Street, thence northerly along Gandolfo Street until it intersects St. Joseph Street, thence easterly along St. Joseph Street until it intersects South Algona Street, thence northerly along South Algona Street until it intersects North Algona Street, thence northerly along North Algona Street until it intersects Loras Boulevard, thence northeasterly along Loras Boulevard to the point of origin at the intersection of Loras Boulevard and North Grandview Avenue. Section 1 -8 -14: Precinct 11 The 11th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the point that Central Avenue intersects Kaufmann Avenue, thence westerly along Kaufmann Avenue until it intersects the boundary of Precinct 9, thence westerly along the boundary of Precinct 9 until it intersects the boundary of Precinct 8, thence northerly along the boundary of Precinct 8 until it intersects the boundary of Precinct 6, thence easterly along the boundary of Precinct 6 until it intersects Lemon Street, thence southerly along Lemon Street until it intersects West 30th Street, thence easterly along West 30th Street until it intersects Central Avenue, thence southerly along Central Avenue to the point of origin at the intersection of Central Avenue and Kaufmann Avenue. Section 1 -8 -15: Precinct 12 The 12th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the intersection of 32nd Street and Central Avenue, thence northerly along Central Avenue until it intersects the boundary of the city of Dubuque, thence northeasterly along the boundary of the city of Dubuque until it intersects the Iowa, Chicago and Eastern Railroad, thence southeasterly along the Iowa, Chicago and Eastern Railroad until it intersects the east- ern boundary of Census Block 1006, Tract 101.03, thence southerly along the eastern bounda- ry of Census Block 1006, Tract 101.03 until it intersects Roosevelt Road, thence southerly along Roosevelt Road until it intersects Prescott Street, thence southwesterly along Prescott Street until it intersects Ascension Street, thence northwesterly along Ascension Street until it intersects Thomas Place, thence southwesterly along Thomas Place until it intersects Eagle Street, thence northwesterly and then westerly along Eagle Street until it intersects Viola Street, thence southerly along Viola Street until it intersects Pleasant Street, thence westerly along Pleasant Street until it intersects Stafford Street, thence northerly along Stafford Street until it intersects Hennepin Street, thence westerly then northerly along Hennepin Street until it intersects Windsor Avenue, thence northerly along Windsor Avenue until it intersects Davis Street, thence westerly along Davis Street until it intersects Sheridan Road, thence northwest- erly along Sheridan Road until it intersects Peru Road, thence southwesterly along Peru Road until it intersects Louella Lane, thence northerly then southwesterly along Louella Lane until it intersects the Heritage Trail, thence southerly along the Heritage Trail until it intersects 32nd Street, thence westerly along 32nd Street to the point of origin at the intersection of 32nd Street and Central Avenue. Section 1 -8 -16: Precinct 13 The 13th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the point that Queen Street intersects East 24th Street, thence southwesterly along East 24th Street until it intersects the boundary of Precinct 11, thence northerly along the boundary of Precinct 11 until it intersects the boundary of Precinct 6, thence easterly along the boundary of Precinct 6 until it intersects the boundary of Precinct 12, thence easterly then southerly along the boundary of Precinct 12 until it intersects Lawther Street, thence westerly along Lawther Street until it intersects Balke Street, thence southeasterly along Balke Street 19 until it intersects Strauss Street, thence southwesterly along Strauss Street until it intersects Brunswick Street, thence southeasterly along Brunswick Street until it intersects Clinton Street, thence westerly along Clinton Street until it intersects the extension of Marquette Place, thence southerly along Marquette Place until it intersects Queen Street, thence southerly along Queen Street to the point of origin at the intersection of Queen Street and East 24th Street. Section 1 -8 -17: Precinct 14 The 14th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the point that East 18th Street intersects Central Avenue, thence northerly along Central Avenue until it intersects the boundary of Precinct 13, thence easterly then northerly along the boundary of Precinct 13 until it intersects the boundary of Precinct 12, thence south- erly then easterly along the boundary of Precinct 12 until it intersects Thomas Place, thence southerly along Thomas Place until it intersects Farley Street, thence easterly along Farley Street until it intersects High Bluff Street, thence southerly along High Bluff Street until it inter- sects Stafford Street, thence easterly along Stafford Street until it intersects Garfield Avenue, thence southwesterly along Garfield Avenue until it intersects the public alley one block east of Elm Street, thence southerly along the public alley one block east of Elm Street until it inter- sects East 18th Street, thence westerly along East 18th Street to the point of origin at the in- tersection of East 18th Street and Central Avenue. Section 1 -8 -18: Precinct 15 The 15th Precinct is described as that portion of the city of Dubuque and Dubuque County bounded by a line beginning at the point that East 16th Street intersects the Iowa, Chicago and Eastern Railroad, thence northerly along the Iowa, Chicago and Eastern Railroad until it inter- sects East 18th Street, thence southwesterly along East 18th Street until it intersects the boundary of Precinct 14, thence northerly along the boundary of Precinct 14 until it intersects the boundary of Precinct 12, thence northeasterly along the boundary of Precinct 12 until it in- tersects the Iowa, Chicago and Eastern Railroad, thence northwesterly along the Iowa, Chica- go and Eastern Railroad until it intersects boundary of Dubuque Township, thence easterly along the boundary of Dubuque Township until it intersects the boundary of Julien Township, thence easterly along the boundary of Julien Township until it intersects the boundary of the State of Iowa, thence southerly along the boundary of the State of Iowa until it intersects the boundary of the city of Dubuque, thence southerly along the boundary of the city of Dubuque until it intersects the eastbound lane of U. S. Highway 61/151, thence westerly along the east- bound lane of U. S. Highway 61/151 until it intersects Chaplin Schmidt Drive, thence westerly along Chaplin Schmidt Drive until it intersects the boundary of Census Block 1025, Tract 1, thence westerly along the boundary of Census Block 1025,Tract 1 until it intersects East 16th Street, thence westerly along East 16th Street to the point of origin at the intersection of East 16th Street and the Iowa, Chicago and Eastern Railroad. Section 1 -8 -19: Precinct 16 The 16th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the point that Dodge Street intersects the eastern boundary of the city of Dubuque, thence northerly along the boundary of the city of Dubuque until it intersects the boundary of Precinct 15, thence westerly along the boundary of Precinct 15 until it intersects East 18th Street, thence westerly along East 18th Street until it intersects Central Avenue, thence south- erly along Central Avenue until it intersects Loras Boulevard, thence westerly along Loras Boulevard until it intersects Bluff Street, thence southerly along Bluff Street until it intersects West 11th Street, thence easterly along West 11th Street until it intersects Locust Street, thence southerly along Locust Street until it intersects West 10th Street, thence westerly along West 10th Street until it intersects Bluff Street, thence southerly along Bluff Street until it inter- sects Jones Street, thence easterly along Jones Street until it intersects Bissel Lane, thence 20 easterly along the boundary of Census Blocks 2037, 1105, 1137 and 1107, all in Tract 1 until it intersects Main Street, thence southerly along Main Street until it intersects Jones Street, thence easterly along Jones Street until it intersects Terminal Street, thence southerly along Terminal Street until it intersects Dodge Street, thence easterly along Dodge Street to the point of origin at the intersection of Dodge Street and the eastern boundary of the city of Dubuque. Section 1 -8 -20: Precinct 17 The 17th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the point that Central Avenue intersects Loras Boulevard, thence westerly along Loras Boulevard until it intersects the boundary of Precinct 9, thence northerly along the boundary of Precinct 9 until it intersects the boundary of Precinct 11, thence easterly along the boundary of Precinct 11 until it intersects the boundary of Precinct 14, thence southerly along the boundary of Precinct 14 until it intersects the boundary of Precinct 16, thence southerly along the boundary of Precinct 16 to the point of origin at the intersection of Central Avenue and Loras Boulevard. Section 1 -8 -21: Precinct 18 The 18th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at the point that Locust Street intersects the westbound lane of Dodge Street, thence northerly along Locust Street until it intersects the boundary of Precinct 16, thence northerly along the boundary of Precinct 16 until it intersects the boundary of Precinct 17, thence south- westerly along the boundary of Precinct 17 until it intersects Cox Street, thence southerly along Cox Street until it intersects Chestnut Street, thence easterly along Chestnut Street until it in- tersects Walnut Street, thence southerly along Walnut Street until it intersects Rose Street, thence westerly along Rose Street until it intersects Race Street, thence southerly along Race Street until it intersects West 11th Street, thence westerly along West 11th Street until it inter- sects Wilson Street, thence southerly along Wilson Street until it intersects University Avenue, thence westerly along University Avenue until it intersects Alpine Street, thence southerly along Alpine Street until it intersects West 5th Street, thence easterly along West 5th Street until it intersects Winona Street, thence southerly along Winona Street until it intersects West 3rd Street, thence easterly along West 3rd Street until it intersects Hill Street, thence southerly along Hill Street until it intersects the westbound lane of Dodge Street, thence easterly along the westbound lane of Dodge Street to the point of origin at the intersection of the westbound lane of Dodge Street and Locust Street. Section 1 -8 -22: Precinct 19 The 19th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at a point that the eastbound lane of Dodge Street intersects Bryant Street, thence westerly along the eastbound lane of Dodge Street until it intersects the eastbound Fremont Avenue off -ramp, thence westerly along the eastbound Fremont Avenue off -ramp until it inter- sects the eastbound lane of Dodge Street, thence westerly along the eastbound lane of Dodge Street until it intersects the boundary of Precinct 10, thence northerly along the boundary of Precinct 10 until it intersects Loras Boulevard, thence easterly along Loras Boulevard until it intersects the boundary of Precinct 18, thence southerly along the boundary of Precinct 18 to the point of origin at the intersection of Bryant Street and the eastbound lane of Dodge Street. Section 1 -8 -23: Precinct 20 The 20th Precinct is described as that portion of the city of Dubuque bounded by a line be- ginning at a point where the southbound lane of South Grandview Avenue intersects the east- bound Fremont Avenue off -ramp, thence southerly along the southbound lane of South Grandview Avenue until it intersects Henderson Street, thence northeasterly along Henderson Street until it intersects the northbound lane of South Grandview Avenue, thence southerly along the northbound lane of South Grandview Avenue until it intersects State Street, thence 21 southerly along State Street until it intersects the southbound lane of South Grandview Ave- nue, thence southerly along the southbound lane of South Grandview Avenue until it intersects Adeline Street, thence easterly along Adeline Street until it intersects the northbound lane of South Grandview Avenue, thence southerly along the northbound lane of South Grandview Avenue until it intersects the southbound lane of U.S. Highway 52/61/151, thence southerly along the southbound lane of U.S. Highway 52/61/151 until it intersects the boundary of the city of Dubuque, thence easterly then northerly along the boundary of the city of Dubuque until it intersects the boundary of Precinct 16, thence westerly along the boundary of Precinct 16 until it intersects the boundary of Precinct 18, thence southerly then westerly along the bound- ary of Precinct 18 until it intersects the boundary of Precinct 19, thence westerly along the boundary of Precinct 19 to the point of origin at the intersection of the southbound lane of South Grandview Avenue and the eastbound Fremont Avenue off -ramp. ARTICLE III: WARDS Section 1 -8 -24: City Divided into Four Wards The city is hereby divided into four (4) Wards as described in this article. Section 1 -8 -25: Ward 1 The 1st Ward is comprised of Precincts 1 through 5. Section 1 -8 -26: Ward 2 The 2nd ward is comprised of Precincts 6 throughl0. Section 1 -8 -27: Ward 3 The 3rd Ward is comprised of Precincts 11 through 15. Section 1 -8 -28: Ward 4 The 4th Ward is comprised of Precincts 16 through 20. Lake Ridge Economic Development District: Proof of publication on notice of public hearing to consider the approval of an Urban Renewal Plan for the Lake Ridge Economic Development District that would include property along Lake Ridge Drive near Cedar Cross Road and the City Manager recommending approval. Correspondence from the Long Range Planning Commission recommending approval of the proposed Lake Ridge Urban Renewal Plan and stating that it is consistent with the 2008 Dubuque Comprehensive Plan. Motion by Connors to receive and file the documents and adopt Resolution No. 247 -11 Ap- proving the Urban Renewal Plan for the Lake Ridge Economic Development District. Second- ed by Resnick. Motion carried 7 -0. RESOLUTION NO. 247 -11 APPROVING THE URBAN RENEWAL PLAN FOR THE LAKE RIDGE ECONOMIC DEVEL- OPMENT DISTRICT. Whereas, on June 20, 2011, the City Council of the City of Dubuque, Iowa authorized the preparation of an Urban Renewal Plan (the "Plan ") for the Lake Ridge Economic Development District (the "District "); and Whereas, the City of Dubuque's primary objective in adopting this Plan is to provide oppor- tunities for development and investment in the District; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and 22 Whereas, a consultation process has been undertaken with affected taxing entities in ac- cordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Urban Renewal Plan for the Lake Ridge Economic Development District, attached hereto and made reference to herein, be approved. Section 2. This Council finds that a feasible method exists for the location of any families who will be displaced from the District into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families. The Council further finds that the urban renewal plan conforms to the general plan of the municipality as a whole. Section 3. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and di- rected to file a certified copy of the Resolution and Plan in the office of the Dubuque County Recorder. Passed, approved and adopted this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin Firnstahl, Acting City Clerk Green Alley Permeable Pavers Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Green Alley Permeable Pavers Project 17th — 18th, between Jackson & Washington Streets), and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 248 -11 Approval of plans, specifications, form of contract, and estimated cost for the Green Alley permeable Pavers Project (17th -18th, between Jackson & Washington Streets); Resolution No. 249 -11 Resolution with respect to the adoption of the Resolution of Necessity proposed for the Green ally Permeable Pavers Project (17th -18th, between Jackson & Washington Streets); and Resolution No. 250 -11 Approving the Schedule of Assessments and estimate of total cost for the Green Alley permeable Pavers Project (17th -18th, between Jackson & Washington Streets). Seconded by Connors. Responding to questions from City Council, City Engineer Gus Psihoyos stated that the completed green alley projects fared well during July 27th rain storm. Motion carried 7 -0. RESOLUTION NO. 248 -11 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH, BE- TWEEN JACKSON & WASHINGTON STREETS) 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 Green Alley Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets) in the estimated amount $185,242.17, are hereby approved. Passed, adopted and approved this 1st day of August, 2011. Attest: Kevin S. Firnstahl, Acting City Clerk 23 Roy D. Buol, Mayor RESOLUTION NO. 249 -11 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSI- TY PROPOSED FOR THE GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH, BETWEEN JACKSON & WASHINGTON STREETS) Whereas, the City Council has proposed a Resolution of Necessity for the Green Alley Per- meable Pavers Project (17th — 18th, between Jackson & Washington Streets) and has given notice of the public hearing thereon as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby adopted, without amendment, and all objections filed or made having been duly considered are overruled. Passed, adopted and approved this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 250 -11 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH, BETWEEN JACKSON & WASHINGTON STREETS) 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 Green Al- ley Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets) are here- by approved. Passed, approved and adopted this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk CITY OF DUBUQUE, IOWA ALLEY BETWEEN JACKSON AND WASHINGTON STREETS FROM 17TH to 18TH PRE- LIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS; DATE: JULY 12, 2011 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PROPERTY OWNER NAME; LOT DESCRIPTION; PARCEL NUMBER; MAILING AD- DRESS; STREET ADDRESS; NET ASSESSED VALUATION; VALUATION; WITH IM- PROVEMENT; NET PAVING IMPROVEMENT COST; NET PAVING IMPROVEMENT DEFI- CIENCY; TOTAL PUBLIC IMPROVEMENT COST; WATER SERVICE PRIVATE LATERAL COST; TOTAL NET ASSESSMENT Vorwald, Jean M.; S 31'02" Lot 36 East Dubuque Add; 10 -24- 263 -009; 1710 Jackson St.; 1710 Jackson St.; $85,000.00; $85,877.17; $877.17; $0.00; $877.17; ; $877.17 24 Vorwald, Jean M.; S1/2 Of Lot 35 & N 20' Of Lot 36 East Dubuque Add Legal 1720 -1722; 10 -24- 263 -008; 1720 Jackson St.; 1720 Jackson St.; $51,100.00; $52,382.02; $1,282.02; $0.00; $1,282.02; $0.00; $1,282.02 Hagensten, Joseph G.; N1/2 Lot 35 East Dubuque Add; 10 -24- 263 -007; 1732 Jackson St.; 1732 Jackson St.; $35,500.00; $36,219.73; $719.73; $0.00; $719.73; $0.00; $719.73 Mihalakis, Elizabeth A. & Michael M.; S1/2 Lot 34 East Dubuque Add; 10 -24- 263 -006; 1756 Jackson St.; 1756 Jackson St.; $60,300.00; $61,019.73; $719.73; $0.00; $719.73; $0.00; $719.73 Mihalakis, Elizabeth A. & Michael M.; N1/2 Lot 34 East Dubuque Add; 10 -24- 263 -005; 1760 Jackson St.; 1760 Jackson St.; $47,600.00; $48,319.73; $719.73; $0.00; $719.73; $0.00; $719.73 Pluym, Ronald D.; S1/2 Lot 33 East Dubuque Add; 10 -24- 263 -004; 1616 Lincoln Ave.; 1768 Jackson St.; $45,500.00; $46,219.73; $719.73; $0.00; $719.73; $0.00; $719.73 Wiemerslage, Annette; N1/2 Lot 33 East Dubuque Add; 10 -24- 263 -003; 1776 Jackson St.; 1776 Jackson St.; $48,100.00; $48,819.73; $719.73; $0.00; $719.73; $0.00; $719.73 Nicolalde, Daisy Y.; S1/2 Lot 32 East Dubuque Add; 10 -24- 263 -002; 2525 Date St. #602; 1786 Jackson St.; $16,500.00; $18,370.88; $719.73; $0.00; $719.73; $1,151.15; $1,870.88 Crippes, Mary M.; N1/2 Of Lot 32 East Dubuque Add; 10 -24- 263 -001; 1796 Jackson St.; 1796 Jackson St.; $38,100.00; $39,970.88; $719.73; $0.00; $719.73; $1,151.15; $1,870.88 Knockel, Frank & Rachel; Lot 87 East Dubuque Add; 10 -24- 263 -023; 1715 Washington St.; 1715 Washington St.; $58,000.00; $59,439.46; $1,439.46; $0.00; $1,439.46; $0.00; $1,439.46 Trausch, Forrest R.; Lot 1 -1 -88 East Dubuque Add; 10 -24- 263 -022; P.O. Box 4; 1725 Washington St.; $33,500.00; $35,141.49; $490.34; $0.00; $490.34; $1,151.15; $1,641.49 Trausch, Forrest R.; Lot - 2 -1 -88 East Dubuque Add; 10 -24- 263 -021; P.O. Box 4; 1731 Washington St.; $32,500.00; $32,939.15; $439.15; $0.00; $439.15; $0.00; $439.15 Trausch, Forrest R.; Lot 2 -88 East Dubuque Add; 10 -24- 263 -020; P.O. Box 4; 1737 Wash- ington St.; $32,000.00; $33,657.21; $506.06; $0.00; $506.06; $1,151.15; $1,657.21 Wagner, Sharon M.; East Dubuque Add S. 23' 7" - S. 1/2 Lot 89; 10 -24- 263 -019; 1741 Washington St.; 1741 Washington St.; $38,200.00; $38,862.94; $662.94; $0.00; $662.94; $0.00; $662.94 City Of Dubuque; N 2' S1/2 Of 89 & N1/2 Of Lot 89 East Dubuque Add; 10 -24- 263 -018; 50 W. 13th Street; 1753 Washington St.; $42,300.00; $43,075.96; $775.96; $0.00; $775.96; $0.00; $775.96 Clark, Keith Karlton; W1/2 Of Lot 90 & W1/2 Of Lot 91 East Dubuque Add; 10 -24- 263 -010; 206 East 18th ; 260 East 18th St.; $76,400.00; $79,278.91; $2,878.91; $0.00; $2,878.91; $0.00; $2,878.91 Eagle Point Energy - 1, LLC - License and Power Purchase Agreement: Proof of publica- tion on notice of public hearing to consider approval of a 25 -year License and Power Purchase Agreement with Eagle Point Energy - 1, LLC to install solar panels on the Public Works facility on Kerper Court and provide electricity to the facility, and the City Manager recommending ap- proval. Motion by Braig to receive and file the documents and adopt Resolution No. 251 -11 Approval of a License and Power Purchase Agreement between the City of Dubuque, Iowa, and Eagle Point Energy - 1, LLC an Iowa Limited Liability Company. Seconded by Jones. Si- erra Club Member Charles Winterwood, 1555 Montrose Terrace, stated that this project will contribute to the goal of reducing greenhouse gas by the year 2030. Responding to questions from City Council, Eagle Point Energy - 1 Manager Barry Shear stated that due to its simple design, the system could be maintained long -term by a variety of contractors, they have com- pleted five similar projects, and that no investment is required by the City. Eagle Point Energy 25 Member Mark Henning stated that the amount of CO2 offset is based on a national average and that the solar panels themselves provide energy savings by shading the roof. Motion car- ried 7 -0. RESOLUTION NO. 251 -11 APPROVAL OF A LICENSE AND POWER PURCHASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND EAGLE POINT ENERGY — 1, LLC AN IOWA LIMITED LI- ABILITY COMPANY Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described as follows: Roof space above the land commonly known as the western side of the roof lo- cated at 925 Kerper Court, Dubuque, Iowa, legally described as Lot 2 of 2 of Kerper Industrial Park in the City of Dubuque, Iowa; and Whereas, Eagle Point Energy — 1, LLC. desires to license a part of the property to install so- lar panels at the facility; and Whereas, City and Eagle Point Energy — 1, LLC. have negotiated a License and Power Pur- chase Agreement, which among other things, provides for a term through September 1, 2026; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to ap- prove the License and Power Purchase Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque approves the License and Power Purchase Agreement with Eagle Point Energy — 1, LLC and the City Manager is authorized to execute said lease on behalf of the City of Dubuque. Passed, approved and adopted this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Sale of Property — 1052 Rush Street: Proof of publication on notice of public hearing to con- sider the sale of a City -owned vacant lot at 1052 Rush Street to Routley Construction for $5,000 for participation in the East Central Intergovernmental Association plan for the Iowa Department of Economic Development Single - Family New Production Round #2 Program, and the City Manager recommending approval. Motion by Connors to receive and file the docu- ments and adopt Resolution No. 252 -11 Disposing of an interest in City -owned property to Routley Construction. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 252 -11 DISPOSING OF AN INTEREST IN CITY OWNED PROPERTY TO ROUTLEY CONSTRUCTION (1052 Rush Street) Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 171 Union Addition in the City of Dubuque, Iowa (1052 Rush Street); and Whereas, East - Central Intergovernmental Association (ECIA) is the sponsor of the Single Family New Production Program (SFNP) (Sponsor); and Whereas, City has tentatively agreed to sell the Property to Routley Construction, subject to the approval of a Development Agreement between City and Routley by the City Council which Development Agreement will include the following conditions: Sale price $5,000 due at closing Single family home valued at $100,000 shall be constructed within 12 months of closing 26 Contractor shall participate in the SFNP Program sponsored by East Central Intergovern- mental Agency and Whereas, the City Council has determined that it would be in the best interests of the City to approve the sale of the Property to Routley Construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City's in- terest in the foregoing described Property to Routley Construction subject to the conditions de- scribed herein. Section 2. The Mayor is hereby authorized and directed to sign this Resolution. Passed, approved and adopted this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Sale of Property — 1895 Wood Street: Proof of publication on notice of public hearing to consider the sale of a City -owned vacant lot at 1895 Wood Street to Routley Construction for $1.00 for participation in the East Central Intergovernmental Association plan for the Iowa De- partment of Economic Development Single - Family New Production Round #2 Program, and the City Manager recommending approval. Motion by Connors to receive and file the docu- ments and adopt Resolution No. 253 -11 Disposing of an interest in City -owned property to Routely Construction. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 253 -11 DISPOSING OF AN INTEREST IN CITY OWNED PROPERTY TO ROUTLEY CONSTRUCTION (1894 Wood Street) Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 51 Rosedale Addition in the City of Dubuque, Iowa (1895 Wood Street) ; and Whereas, East - Central Intergovernmental Association (ECIA) is the sponsor of the Single Family New Production Program (SFNP) (Sponsor); and Whereas, City has tentatively agreed to sell the Property to Routley Construction, subject to the approval of a Development Agreement between City and Routley by the City Council which Development Agreement will include the following conditions: Sale price $1.00 due at closing Single family home valued at $100,000 shall be constructed within 12 months of closing Contractor shall participate in the SFNP Program sponsored by East Central Intergovern- mental Agency and Whereas, the City Council has determined that it would be in the best interests of the City to approve the sale of the Property to Routley Construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City's in- terest in the foregoing described Property to Routley Construction subject to the conditions de- scribed herein. Section 2. The Mayor is hereby authorized and directed to sign this Resolution. Passed, approved and adopted this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. 27 ACTION ITEMS Fiscal Year 2012 Dubuque County REAP Plan: City Manager recommending approval of the City of Dubuque's update of the Fiscal Year 2012 Dubuque County REAP Plan, submittal of the Fiscal Year 2011 REAP grant applications for land acquisition for the E.B. Lyons Inter- pretive Center and Mines of Spain; the Bee Branch Creek Trail — MRT Route; and appointment of a City Council representative (currently Council Member Joyce Connors) to the REAP Committee. Motion by Jones to receive and file the documents , approve the recommendation, appoint Council Member Joyce Connors as the Council representative, and adopt Resolution No. 254 -11 Authorizing REAP Grant Application to Iowa Department of Natural Resources for land acquisition for E.B. Lyons Interpretive Center and Mines of Spain; and Resolution No. 255 -11 Authorizing REAP Grant Application to Iowa Department of Natural Resources for Bee Branch Creek Trail — MRT Route. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 254 -11 AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPARTMENT OF NATURAL RE- SOURCES FOR LAND ACQUISITION FOR E.B. LYONS INTERPRETIVE CENTER AND MINES OF SPAIN Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for the development of bike /hike trails; and Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan that includes an objective for land acquisition for E.B. Lyons Interpretive Center and Mines of Spain. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the Iowa Department of Natural Resources for REAP funds for land acquisition for E.B. Lyons Interpretive Center and Mines of Spain. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 1st day of August 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk RESOLUTION NO. 255 -11 AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPARTMENT OF NATURAL RE- SOURCES FOR BEE BRANCH CREEK TRAIL — MRT ROUTE Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for the development of bike /hike trails; and Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan that includes goals for development of bike /hike trails; and Whereas, the City of Dubuque has adopted the 2008 Tri -State Trail Plan that includes the Bee Branch Creek Trail as a High Priority project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the Iowa Department of Natural Resources for REAP funds for the Bee Branch Creek Trail — MRT Route. 28 Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 1st day of August 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Holy Ghost Urban Renewal District — Tax Increment Financing: City Manager recommend- ing approval of the creation of the tax increment financing district for the Holy Ghost Urban Renewal District. Adoption of the proposed tax increment ordinance is needed to establish the use of tax increment financing to the district. Motion by Jones to receive and file the docu- ments 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 suspend- ed. Seconded by Braig. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 39 -11 Providing that general property taxes levied and collected each year on all property located within the Holy Ghost Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Com- munity School District, and other taxing districts, be paid to a special fund for payment of prin- cipal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Holy Ghost Urban Renewal District Redevelopment Project. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 39 -11 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE HOLY GHOST URBAN RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DIS- TRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE HOLY GHOST URBAN RENEWAL DISTRICT REDEVELOPMENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 234 -11 adopted on July 18, 2011, adopted an Urban Renewal Plan for an urban renewal area known as the Holy Ghost Urban Renewal District (the "Project Area "), which Project Area includes the lots and parcels described in said Urban Renewal Plan; and Whereas, expenditures and indebtedness are anticipated to be incurred in the future to fi- nance urban renewal project activities carried out in furtherance of the foregoing Urban Re- newal Plan; and Whereas, the City Council desires to provide for the division of revenue from taxation in the Project Area in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended; and Whereas, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: 29 Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Project Area shall mean that portion of the City of Dubuque, Iowa described in the Urban Renewal Plan for the Holy Ghost Urban Renewal District approved by Resolution No. 234 -11 on July 18, 2011, which Project Area includes the lots and parcels located within the area now legally described as follows: Lot 1 of 1 and Lot 2 of 1 of Paragon Square in the City of Dubuque, Dubuque County, Iowa; and also including public right -of -way of Central Avenue abutting thereto. (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Project Area approved in Resolution No. 234 -11 on July 18, 2011. Section 2: The taxes levied on the taxable property in the Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubu- que, Dubuque Community School District, and all other taxing districts from and after the effec- tive date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Project Area upon the total sum of the assessed value of the taxable property in the Project Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Dubuque certifies to the County Auditor the amount of loans, advances, in- debtedness, or bonds payable from the division of property tax revenue described herein (which certification is directed to be made during the 2011 calendar year), shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Project Area. Section 4: That portion of the taxes each year in excess of the base period taxes for the Project Area, determined as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into a special tax increment fund hereby established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Project Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter - approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2, but only to the extent authorized in Section 403.19(2), and taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the Project Area exceeds the total assessed value of the taxable property in said area as shown by the assessment roll referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Project Area shall be paid into the funds for the respective tax- ing districts as taxes by or for the taxing districts in the same manner as all other property tax- es. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and in- debtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordinances in conflict with the provisions of this Ordi- nance are hereby repealed. The provisions of this Ordinance are intended and shall be con- strued so as to fully implement the provisions of Section 403.19 of the Code of Iowa, as 30 amended, with respect to the division of taxes from property within the Project Area as de- scribed above. In the event that any provision of this Ordinance shall be determined to be con- trary to law, it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed and approved this 1st day of August, 2011 /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, Acting City Clerk Published officially in the Telegraph Herald Newspaper the 1st day of August, 2011. /s /Kevin S. Firnstahl, Acting City Clerk Read second time: August, 1, 2011 Read third time: August, 1, 2011 Passed and approved: August, 1, 2011 Published: August, 5, 2011 Sale of General Obligation Bonds Series 2011A and Taxable General Obligation Bonds Se- ries 2011 B: City Manager advising that the sale of $6,330,000 General Obligation Bonds, Se- ries 2011A; and $1,590,000 Taxable General Obligation Bonds, Series 2011B took place on Monday, August 1, 2011 at 10:00 a.m. The results were distributed. Motion by Connors to re- ceive and file the documents and adopt Resolution No. 256 -11 Directing sale of General Obli- gation Bonds, Series 2011A; and Resolution No. 257 -11 Directing sale of Taxable General Ob- ligation Bonds, Series 2011 B. Seconded by Jones. PFM Senior Managing Consultant Tionna Pooler provided a summary of the bond sale. Motion carried 7 -0. RESOLUTION NO. 256 -11 RESOLUTION DIRECTING SALE OF general obligation bondS, SERIES 2011A Whereas, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: general obligation bondS, SERIES 2011A: Bidder: Morgan Keegan Co., Inc. of Memphis, TN the terms of said bid being: Principal Amount: $6,330,000 Purchase Price: $6,411,248.85 Net Interest Cost: $$2,498,433.34 True Interest Cost: 3,304549% NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized to exe- cute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Passed and approved this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk 31 RESOLUTION NO. 257 -11 RESOLUTION DIRECTING SALE OF TAXABLE general obligation bondS, SERIES 2011B WHEREAS, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: TAXABLE general obligation bondS, SERIES 2011B: Bidder: D.A. Davidson & Co., Inc. of Denver, CO the terms of said bid being: Principal Amount: $1,590,000 Purchase Price: $1,585,175.25 Net Interest Cost: $502,956.00 True Interest Cost: $3,586259% NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubuque, IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, said Bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said Bonds are hereby approved and the Mayor and Clerk are authorized to exe- cute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said Bonds are hereby ratified and approved. Passed and approved this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk Water and Resource Recovery Center — Cogeneration Project: City Manager recommend- ing approval of the April 2011 Water and Resource Recovery Center Cogeneration Facilities report submitted by Strand Associates, Inc., approval to submit the plan to the Iowa Depart- ment of Natural Resources for possible low- interest loan funding through the State Revolving Fund, and approval to complete the design services for bidding of the cogeneration in the fall of 2011. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7 -0. Inflow and Infiltration Reduction Financial Assistance Program: City Manager recommend- ing establishing a cost - sharing financial assistance program to qualified property owners for the City's Inflow and Infiltration Reduction Program. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Responding to ques- tions from City Council, City Engineer Gus Psihoyos stated that the benefits of this new pro- gram will impact the whole of the community. Motion carried 7 -0. Fiscal Year 2012 Annual Action Plan Amendment No. 1: City Manager recommending an amendment to the Fiscal Year 2012 Annual Action Plan for the City's Community Development Block Grant Program to reflect a $217,086 decrease in the Community Development Block Grant (CDBG) entitlement allocation for Fiscal Year 2012. Motion by Connors to receive and file the documents and adopt Resolution No. 258 -11 Approving a Fiscal Year 2012 (Program Year 2011) Annual Action Plan — Amendment No. 1 for Community Development Block Grant (CDBG) Program. Seconded by Lynch. Motion carried 7 -0. 32 RESOLUTION NO. 258 -11 APPROVING A FISCAL YEAR 2012 (PROGRAM YEAR 2011) ANNUAL ACTION PLAN - AMENDMENT 1 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. Whereas, the City of Dubuque approved a Fiscal Year 2012 Annual Action Plan on March 9, 2011 by Resolution No. 91 -2011; and Whereas, the City now desires to amend said Fiscal Year 2012 Annual Plan to reflect the decreased Fiscal Year 2012 CDBG allocation as per the attached Exhibit A; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Par- ticipation Plan and therefore must be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City advertised a 30 day public comment period beginning June 17, 2011; and Whereas, the Community Development Advisory Commission reviewed the proposed amendment at a public hearing on July 20, 2011, and has voted to approve said amendment and to recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2012 Annual Action Plan (Program Year 2011) Amendment 1 for the Community Development Block Grant (CDBG) program hereto attached as Exhibits A is hereby approved. Section 2. That the City Manager is hereby authorized and directed to submit a copy of this resolution and Plan to the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin Firnstahl, Acting City Clerk Grant Writing Assistance: City Manager recommending approval of a five -month contract with the Ferguson Group for $12,500 to assist with strategic planning, preparation and applica- tion of federal grant applications, and $25,714 to extend the contract of the current Manage- ment Intern until June 30, 2012, to provide grant writing assistance and America's River III campaign assistance. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7 -0. JELD -WEN, Inc., Development Agreement: City Manager recommending approval of a De- velopment Agreement with JELD -WEN, Inc. to facilitate job creation at their facility located at 250 East 8th Street. Motion by Lynch to receive and file the documents and adopt Resolution No. 259 -11 Approving a Development Agreement between the City of Dubuque, Iowa and JELD -WEN, Inc. Seconded by Resnick. Motion carried 7 -0. RESOLUTION NO. 259 -11 APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JELD -WEN, INC. Whereas JELD -WEN, Inc. is the owner of the property and the manufacturing facility at 250 East 8th Street in the City of Dubuque, Iowa (the Property); and Whereas, the City of Dubuque, Iowa is encouraging JELD -WEN, Inc. to create new jobs in the community and improvements need to be made to the Property to facilitate JELD -WEN, Inc.'s growth; and Whereas, it is the determination of this Council that approval of the Development Agreement with JELD -WEN, Inc., according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement between the City of Dubuque, Iowa and JELD- WEN, Inc. is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, the attached Development Agreement between the City of Dubuque, Iowa and JELD -WEN, Inc. Section 3. That the City Manager is hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, all necessary documents n connection with the Development Agreement and to disburse funds in accordance with the terms and conditions of the Devel- opment Agreement. Passed, approved and adopted this 1st day of August, 2011. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Acting City Clerk COUNCIL MEMBER REPORTS City Council Members expressed gratitude to City staff for their remarkable job during the rain storm on July 27 and to the citizens who are volunteering during the clean up. PUBLIC INPUT Representative Chuck Isenhart, 1665 Kaufmann Avenue, spoke about how inspired he is by the great energy projects taking place in Dubuque and the impact of the recent storm on his district. Joseph Jacobsmeier 1343 Loras Boulevard, spoke about the problems he is experiencing with and the dangers he is witnessing with skateboarders in the street and expressed the need for a single -use skateboard park in the City There being no further business, upon motion the City Council adjourned at 8:03 p.m. /s /Kevin S. Firnstahl Acting City Clerk 34