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3 2 15 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on March 2, 2015 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; Assistant City Manager Goodmann, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the Resolutions, and dispose of as indicated. Seconded by Jones. Council Member Connors requested Number 5. Request to Reschedule Sustainable Dubuque Work Session and Number 21. Request for Work Session - Catfish Creek Watershed Management Authority be held for separate discussion. Motion carried 7-0. Motion by Connors to receive and file the documents and dispose of as indicated. Se- conded by Resnick. Motion carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 1/27; Catfish Creek Watershed Management Authority of 12/3/14; Civil Service Commission of 2/20; City Council Proceedings of 2/16 and 2/23; Historic Preservation Commission of 2/19; Human Rights Commission of 1/12; Long Range Planning Advisory Commission of 2/18; Proof of Publication for City Council Proceedings of 2/2, 2/5, and 2/4. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Janna Frost for property damage; Shila Johnson for person- al injury; Carl Noel for property damage; Danyiel Peterson for property damage; Barbara Soley for property damage; Audrea Steward for personal injury; Swiss Valley Farms Cooper- ative for personal injury / vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Janna Frost for vehicle damage; Shila Johnson for personal injury; Danyiel Peterson for property damage; Audrea Steward for personal injury; Swiss Valley Farms Cooperative for personal injury / vehicle damage. Upon motion the documents were received, filed and con- curred. 4. 2015 Federal Legislative Priorities: City Manager recommending adoption of the 2015 Federal Legislative Priorities. Upon motion the documents were received, filed and approved. 5. Request to Reschedule Sustainable Dubuque Work Session: City Manager recom- mending approval to reschedule the Sustainable Dubuque Work Session from March 16 to May 4. Motion by Connors to receive and file the documents and dispose of as indicated. Se- conded by Resnick. Motion carried 7-0. 6. Midtown Loop & Feeder Grant Certificate of Completion: City Manager recommending acceptance of the Mid -Town Loop & Feeder Pilot Route Project as completed. Upon motion the documents were received, filed and approved. 7. Urban Revitalization Applications: City Manager recommending approval of 15 applica- tions for residential property tax exemption. Upon motion the documents were received, filed and Resolution No. 57-15 Approving property tax abatement applications submitted by prop- erty owners in recognized Urban Revitalization areas and authorizing the transmittal of the approved applications to the City Tax Assessor was adopted. RESOLUTION NO. 57-15 APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPER- TY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSES- SOR Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization areas; and Whereas, the Urban Revitalization Act requires property owners to submit a written appli- cation for abatement by February 1 of the assessment year for which the abatement is first claimed, and further requires the City Council to approve all applications that meet the re- quirements of the adopted Urban Revitalization Plan and forward the approved applications to the City Assessor for review by March 1 of each year; and Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Ur- ban Revitalization Areas were established: Upper Main, Jackson Park, Washington Neigh- borhood, West 11th Street, Upper Main, Cathedral, and Old Main; and Whereas, the City of Dubuque, as of February 1, 2015, received tax abatement applica- tions from the following property owners in the aforementioned urban revitalization districts; UpperMain Urban RevitalizationArea,establishedAugust,1995 1172 Main Street - Carol Wissell Lammers Jackson ParkUrban RevitalizationArea,establishedOctober, 1980 407 Loras Blvd - Weaver Castle LLC 409 Loras Blvd - Weaver Castle LLC Washington Neighborhood Urban RevitalizationArea,establishedMarch2007 155 East 12th St - David & Patricia Beals 1530 Jackson St - Heidi Zull & Rich Rossignol 1635 Washington St - Aline J Crow West1 1 th StreetUrbanRevitalizationArea,establishedMarch,1981 1595 Fairview Place - Joe Kuhse 799 University Avenue - Pamela J. Voteberg 583 Loras Blvd - Brothers Twice, LLC 550 Arlington St - Jason Schneider 789 University Avenue - Brian & Samantha Graham Cathedral Urban RevitalizationArea,established Decem ber2002 189 St. Marys St - Beverly Ann Oestreich 263 Main St - Robert McCoy 265 Main St - Robert McCoy Whereas, the City of Dubuque, as of February 1, 2015, received tax abatement applica- tions from the following property owners in the aforementioned urban revitalization districts are eligible for partial abatement; Washington Neighborhood Urban RevitalizationArea,establishedMarch2007 1785 Washington St - Bailey Hemenway* (7 year exemption) Whereas, the Housing and Community Development Department and Building Services Department have reviewed the above-described applications and inspected the properties, and have determined that the applications and the improvements conform to all requirements of the City of Dubuque's Urban Revitalization Plans. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above-described tax abatement applications meet the requirements of the City of Dubuque's Urban Revitalization Plans. Section 2. That the above-described tax abatement applications are hereby approved by the City Council, subject to the review and approval of the City Assessor. Section 3. That the City Clerk is hereby authorized and directed to forward the above- de- scribed tax abatement applications to the City Assessor. Passed, approved and adopted this 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. Consent Decree Semi Annual Report: City Manager recommending approval to certify the March 31st Semi Annual Consent Decree Report to be submitted to the U.S. Department of Justice, U.S. EPA and the Iowa Department of Natural Resources. Upon motion the docu- ments were received, filed and approved. 9. Legislative Correspondence: Communication to the Legislative Information Office ex- pressing the City of Dubuque's opposition to the Residential Occupancy Bill as well as to the Governor's Justice Department Appropriations Bill. Upon motion the documents were re- ceived and filed. 10. East Central Intergovernmental Association (ECIA) Administrative Services Contract Amendment #4: City Manager recommending review and approval of the 4th Amendment of East Central Intergovernmental Association's contract for administrative services related to the Linseed Oil Building portion of the City's Community Development Block Grant contract #08-DRH-212. Upon motion the documents were received, filed and Resolution No. 58-15 Approving Amendment # 4 to the Contract for Services with East Central Intergovernmental Association was adopted. RESOLUTION NO. 58-15 APPROVING AMENDMENT # 4 TO THE CONTRACT FOR SERVICES WITH EAST CEN- TRAL INTERGOVERNMENTAL ASSOCIATON Whereas, the City of Dubuque (City) and East Central Intergovernmental Association (ECIA) entered into a Contract for Services (the Contract), as amended; and Whereas, City and ECIA desire to amend the Contract as set forth in the attached Amendment #4. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Amendment #4 to the Contract for Services is hereby approved. Passed, approved, and adopted this 2nd day of March 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11. Special Assessment - 1849 Jackson Street Demolition: City Manager recommending that the cost of demolition and related work for 1849 Jackson Street be assessed to the property. Upon motion the documents were received, filed and Resolution No. 59-15 Adopt- ing the Schedule of Special Assessment for a lien against the property at 1849 Jackson Street and directing the City Clerk to certify the Schedule of Assessment to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 59-15 ADOPTING THE SCHEDULE OF SPECIAL ASSESSMENT FOR A LIEN AGAINST THE PROPERTY AT 1849 JACKSON STREET AND DIRECTING THE CITY CLERK TO CERTI- FY THE SCHEDULE OF ASSESSMENT TO THE COUNTY TREASURER AND TO PUB- LISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for non- payment of assessments applied by Section 14-3-4 of the City Code which Schedule of As- sessments was filed in the office of the City Clerk on the 12th day of February, 2015 the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the re- spective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treas- urer of Dubuque County, Iowa, and to publish notice of said certification once each week for two (2) consecutive weeks in the manner provided in Iowa Code §362.3, the first publication of which shall be not more than fifteen (15) days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code §384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, City Hall; 50 W. 13th Street, Dubuque, Iowa, at any time within thirty (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 thirty (30) days, unpaid assessments are payable at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respec- tive parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk SCHEDULE OF ASSESSMENTS 1849 JACKSON STREET Chad R. Hansen, Parcel #10.24.257.012 Vendor, Service, Amount 1. Wayne Sharkey, Demolition, $9,900 2. Wayne Sharkey, Asbestos Removal, $27,550 Total $37,450 12. Delinquent Grass/Weed Cutting and Garbage Collection Accounts: City Manager rec- ommending adopting of a Resolution authorizing the City to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received, filed and Resolution No. 60-15 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-6- 3C2o; Title 6-6-4B3 & Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 60-15 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-6- 3C2o; TI- TLE 6-6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBU- QUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "palpably and indisputably such" exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certi- fied by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the Coun- ty Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 2nd day of March, 2015. Roy D Buol, Mayor Attest: Trish L Gleason, Assistant City Clerk 13. Pre -Annexation Agreement - Arboretum Development, LLC: City Manager recom- mending approval of a Pre -Annexation Agreement with Arboretum Development, LLC in con- junction with their request for approval of a Final Plat in Dubuque County, in accordance with the City of Dubuque Fringe Area Development Standards. Upon motion the documents were received, filed and Resolution No. 61-15 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Arboretum Development, LLC was adopted. RESOLUTION NO. 61-15 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ARBORETUM DEVELOPMENT, LLC Whereas, Arboretum Development, LLC, the owner of the following described property in Dubuque County, Iowa (the Property) has submitted to the City Council of the City of Dubu- que an application for voluntary annexation of the Property to the City of Dubuque: Lot A and Lots 7 through 11, Inclusive, of Derby Grange No. 3, located in the SE 1/4 of Sec- tion 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; and Whereas, Arboretum Development, LLC has entered into a Pre -annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Arboretum Development, LLC and the City of Dubuque is hereby approved. Passed, approved and adopted this 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 14. Iowa 32 Trail Phase 3 Notice of Use Restrictions: City Manager recommending ap- proval of a Notice of Use Restrictions for the Iowa 32 Bike/Hike Trail -Phase 3 and authorize the City Clerk to record the Notice of Use Restrictions with the Dubuque County Recorder. Upon motion the documents were received, filed and Resolution No. 62-15 Approving the No- tice of Use Restrictions related to Phase 3 of the Iowa 32 Bike/Hike Trail was adopted. RESOLUTION NO. 62-15 APPROVING THE NOTICE OF USE RESTRICTIONS RELATED TO PHASE 3 OF THE IOWA 32 BIKE/HIKE TRAIL Whereas, the Iowa Department of Natural Resources (IDNR) provided the City of Dubuque with a Resource Enhancement and Protection (REAP) grant for construction of Phase 3 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail; and Whereas, the City of Dubuque agreed to abide by all local, state and federal requirements applicable to the REAP grant agreement #10 -R4 -VK with the IDNR for said trail project; and Whereas, said REAP grant agreement requires that the City of Dubuque maintain said pro- ject for its designated use as a public trail for a minimum of twenty-five (25) years. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby agrees to the terms of the Notice of Use Restrictions provided by the IDNR for Phase 3 of the Iowa 32 Bike/Hike Trail. Section 2. The City Clerk hereby is authorized to record said Notice of Use Restrictions with the Dubuque County Recorder. Passed, approved and adopted this 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 15. Sedgwick - Iowa Values Fund Contract Amendment: City Manager recommending ap- proval of an amendment to an Iowa Values Fund agreement with the Iowa Economic Devel- opment Authority and Sedgwick Claims Management Service, Inc. Upon motion the docu- ments were received, filed and Resolution No. 63-15 Authorizing a Contract Amendment to the Economic Development Financial Assistance Contract by Sedgwick Claims Management Services, Inc., the City of Dubuque, and the Iowa Department of Economic Development was adopted. RESOLUTION NO. 63-15 AUTHORIZING A CONTRACT AMENDMENT TO THE ECONOMIC DEVELOPMENT FI- NANCIAL ASSISTANCE CONTRACT BY SEDGWICK CLAIMS MANAGEMENT SER- VICES, INC., THE CITY OF DUBUQUE, AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT Whereas, Sedgwick Claims Management, Inc. (Sedgwick) and the City of Dubuque (City) entered into The Economic Development Financial Assistance Contract (the Contract) with the Iowa Economic Development Authority (IEDA) for the expansion of Sedgwick's opera- tions in Dubuque and Bellevue, Iowa; and Whereas, Sedgwick's actual project budget differs from the budget described in the Con- tract; and Whereas, the IEDA Board approved revisions to the project budget to reflect actual costs, effective October 17, 2014; and Whereas, the parties now desire to amend the Contract to reflect the actual project budget as set forth in the attached Contract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Contract Amendment is hereby approved. Section 2.The Mayor is hereby authorized and directed to execute and the City Manager is hereby directed to submit the Contract Amendment to the Iowa Economic Development Au- thority together with such other documents as may be required. Passed, approved, and adopted this 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 16. Tri-State Modelers - Renewal of Lease: City Manager recommending approval of a one-year lease agreement with Tri-State Modelers that may be renewed by mutual agree- ment for four more one-year terms for a section of the former Roosevelt Park. Upon motion the documents were received, filed and approved. 17. Support Letters for Community Health Centers 2015: City Manager recommending ap- proval for the Mayor to sign letters of support on behalf of Crescent Community Health Cen- ter in support of not cutting Federally Qualified Health Centers funding. Upon motion the doc- uments were received, filed and approved. 18. Growing Sustainable Communities Conference contract with Sustainable City Network: City Manager recommending approval of a contract with Sustainable City Network, which is owned and operated by Woodward Communications, Inc., to host the 2015 Growing Sustain- able Communities Conference and the registration fee as scheduled. Upon motion the docu- ments were received, filed and approved. 19. Federal Communication Commission (FCC) Franchising Appeal Request: City Manag- er recommending approval to participate in the potential appeal of an FCC order which may open the door for cable operators to deduct I -Net support and other in-kind services from their franchise fee payment. Upon motion the documents were received, filed and approved. 20. Timber-Hyrst Subdivision Phase 4 Storm Water Management: City Engineer Gus Psi- hoyos providing information regarding Timber-Hyrst Subdivision storm water management concerns. Upon motion the documents were received, filed. 21. Request for Work Session - Catfish Creek Watershed Management Authority: City Manager recommending a work session be set for April 6, 2015 at 5:30 PM on the Catfish Creek Watershed Management Plan. Motion by Connors to receive and file the documents and dispose of as indicated. Seconded by Resnick. Motion carried 7-0. 22. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received, filed and Resolution No. 64-15 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 64-15 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the not- ed permit types to the following applicants pending submission of the locally required docu- mentation: Renewals Dubuque Mining Co. Mi Ranchito The Clubhouse Yardarm Restaurant/ Bar 555 JFK Rd Kennedy Mall Suite #600 1091 University Ave. 2364 Washington St. 1201 Shires Avenue, Extension Class C Liquor (Outdoor) (Sunday) Class B Beer Class C Liquor (Sunday) Class C Liquor (Outdoor) (Sunday) New The Smokestack Hy -Vee Market Cafe #3 Special Event Joliet Building Corporation Passed, approved and 62 East 7th St. 400 Locust St. 781 Locust St Class C Liquor (Living Quarters) (Sun- day) Class C Liquor (Sunday) Adding Outdoor Service adopted this 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the Resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se- conded by Connors. Motion carried 7-0. 1. SRF Green Alley Project Bid Set 7 - Year 1: City Manager recommending that a public hearing be set for April 6, 2015 for preliminary approval of the construction plans and specifi- cations, approval of the Resolution of Necessity, approval of the Preliminary Schedule of As- sessments and initiation of the public bidding process for the SRF Green Alley Bid Set 7 - Year 1 Project. Upon motion the documents were received, filed and Resolution No. 65-15 Preliminary Approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and or- dering the advertisement for bids and Resolution No. 66-15 Approval of the plats, schedule of assessments and estimate of total cost for the SRF Green Alley Bid Set 7 - Year 1 Project and Resolution No. 67-15 of Necessity for the SRF Green Alley Big Set 7 - Year 1 Project and Resolution No.68-15 Fixing date of public hearing on the Resolution of Necessity were adopted. A public hearing is set for a meeting to commence at 6:30 p.m. on April 6, 2015 in the Historic Federal Building. RESOLUTION NO. 65-15 SRF GREEN ALLEY BID SET 7 YEAR 1 PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER- TISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 7 — Year 1 Project in the estimated amount $271,763.75, are hereby preliminari- ly approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 6th day of April, 2015, at 6:30 p.m. in the Historic Fed- eral Building Council Chambers at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimat- ed cost of the Project. The SRF Green Alley Bid Set 7 —Year 1 Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall con- form to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the improve- ments herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 9th day of April, 2015. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 20th day of April, 2015, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 2nd day of March, 2015 Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESLOUTION NO. 66-15 APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 7 - YEAR 1 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plats, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 7 — Year 1 Project are hereby approved. Passed, approved and adopted this 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant. City Clerk RESOLUTION NO. 67-15 RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 7 - YEAR 1 PRO- JECT Whereas, the plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 7 — Year 1 Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The SRF Green Alley Bid Set 7 - Year 1 Project will provide: Reconstruction of Three (3) alleys using interlocking concrete pavers Reconstruction of the pavement surface with interlocking concrete pavers. Installation of concrete pavement to hold bricks in place. Installation of concrete street headers and driveway headers Installation of ADA detectible warning panels and miscellaneous sidewalk at alley cross- ings. There is on file in the office of the City Clerk an estimated total cost of the work, and a pre- liminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the assessment and interested parties for or against the improvement, its cost, the assessment, or the boundaries of the district: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assessment proce- dure. Said improvements shall be constructed in accordance with the plans and specifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 68-15 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval to the plat, schedule of assessments, and estimated total cost for the SRF Green Alley Bid Set 7 — Year 1 Project and ordered the plat, schedule of assessments, and estimate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Necessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council will meet on the 6th day of April, 2015, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. at which time the owners of property subject to assessment for the proposed improvement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hear- ing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause a notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its con- sideration. Passed, adopted and approved this 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Maquoketa Valley Electric Cooperative Franchise Agreement: City Attorney recom- mending that a public hearing be set for March 12, 2015 amending the City of Dubuque Code of Ordinances Section 11-5B-23, by increasing the franchise fee to 5% of the gross revenue generated from the sale of electricity within the city by Maquoketa Valley Electric Coopera- tive. Upon motion the documents were received, filed and Resolution No. 69-15 Setting a public hearing on an Amendment to City of Dubuque Code of Ordinances Sec. 11-5B-23: Franchise Fee, which imposed a franchise fee of three percent (3%) on the gross revenue generated from the distribution and sale of electricity by Maquoketa Valley Electric Coopera- tive within the City of Dubuque, by increasing such fee to five percent (5%) was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on March 12, 2015 in the His- toric Federal Building. RESOLUTION NO. 69-15 SETTING A PUBLIC HEARING ON AN AMENDMENT TO CITY OF DUBUQUE CODE OF ORDINANCES SEC. 11-5B-23: FRANCHISE FEE, WHICH IMPOSED A FRANCHISE FEE OF THREE PERCENT (3%) ON THE GROSS REVENUE GENERATED FROM THE DIS- TRIBUTION AND SALE OF ELECTRICITY BY MAQUOKETA VALLEY ELECTRIC COOP- ERATIVE WITHIN THE CITY OF DUBUQUE, BY INCREASING SUCH FEE TO FIVE PER- CENT (5%) Whereas, City of Dubuque Ordinance No. 20-04 (City of Dubuque Code of Ordinances Ti- tle 11, Chapter 5B), adopted by the City Council on the 5th day of April, 2004, granted to Ma- quoketa Valley Electric Cooperative, its successors and assigns (hereinafter referred to col- lectively as the Company), nonexclusive authority through October 3, 2018, to maintain and operate its electrical system within the limits of the city of Dubuque; and Whereas, City of Dubuque Code of Ordinances §11-5B-23 imposes a franchise fee equal to three percent (3%) of the gross revenue of the Company generated from the sale of elec- tricity within the city of Dubuque; and Whereas, the City Council has determined that it is in the best interests of the City of Dubuque to increase such franchise fee to five percent (5%); and Whereas, Iowa law requires that the City Council hold a public hearing on the question of the adoption of an Ordinance amending the Franchise Agreement, a copy of which is at- tached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. A public hearing on the question of the adoption of the attached Ordinance amending Section 11-5B-23 of the City of Dubuque Code of Ordinances is hereby set for the 12th day of March, 2015 in the City Council Chambers, Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, beginning at 6:30 p.m. Section 2. The City Council hereby dispenses with an election on the adoption of the Ordi- nance as provided by Iowa Code sec. 364.2(4)(b). Section 3. The City Clerk shall publish notice of the public hearing as required by law. Passed, approved and adopted the 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Applications to the following Boards/Commissions were reviewed. Applicants were invited to address the City Council on their respective appointment. Library Board of Trustees (MAYOR APPOINTMENT): One, 4 Year term through July 1, 2016 (Vacant term of Anderson -Bricker) Applicants: Tom Hamilton, 982 Center PI., Pat Maddux, 1685 Fox Dr., Christina Monk, 2005 N. Main St. Ms. Monk, Mr. Hamilton and Mr. Maddux spoke in support of their individual appointment. Additional applicant Angela Allred spoke in support of her appointment. Mechanical Code Board: One, 3 year term through March 16, 2018 (Expiring term of Valas- key) Applicant: Corey Valaskey, 1385 Alta Vista Appointment was made to the following Commission. Investment Oversight Advisory Commission: One, 3 year term through July 1, 2015 (Va- cant term of Runde) Applicant: Rachael Ferraro, 2538 Jackson St. Motion by Connors to ap- point Rachael Ferraro to a 3 -year term through July 1, 2015. Seconded by Jones. Motion car- ried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items: 1. Sale of City -Owned Property - 1318 Jackson Street: Proof of publication on notice of public hearing to approve the sale of City -Owned property located at 1318 Jackson Street to Alison G. Levasseur and Shane P. Lenane and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 70-15 Approv- ing the sale of real estate specifically North Half of Lot 56 in East Dubuque an Addition to the City of Dubuque, Iowa, According to the recorded plat thereof - 1318 Jackson Street. Se- conded by Resnick. Motion carried 7-0. RESOLUTION NO. 70-15 APPROVING THE SALE OF REAL ESTATE SPECIFICALLY NORTH HALF OF LOT 56 IN EAST DUBUQUE AN ADDITION TO THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF - 1318 JACKSON STREET Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, the City Council of Dubuque, Iowa, met on February 16, 2015, in the Dubuque Historic Federal Build- ing, 350 West 6t Street, Dubuque, Iowa to consider the proposal to dispose of City -owned real estate located at 1318 Jackson Street; and North half of Lot 56 in East Dubuque an Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, qualifying homebuyers, Alison G. Levasseur and Shane P. Lenane, have signed an offer to purchase and have obtained financing from a local lender; and Whereas, the City Council of the City of Dubuque, Iowa has overruled any and all objec- tions, oral and written, to the proposal to dispose of the interest of the City of Dubuque, Iowa, in the herein and above-named real estate to the above-named grantee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the sale of the following legally- de- scribed property: North half of Lot 56 in East Dubuque an Addition to the City of Dubuque, Iowa, accord- ing to the recorded plat thereof; at the cost of One Hundred Five Thousand Dollars ($105,000). Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty Deed to the buyer, conveying the City's interest to Alison G. Levasseur and Shane P. Lenane for the herein -described real estate. Section 3. That the City Clerk be and she is hereby authorized and directed to cause said Warranty Deed to be recorded in the Office of the Dubuque County Recorder. Passed, Approved and Adopted this 2nd day of March, 2015. Roy D Buol, Mayor Attest: Trish Gleason, Assistant City Clerk Upon motion the rules were reinstated limiting discussion to the City Council ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson to present the quarterly update on the activities of the Greater Dubuque De- velopment Corporation. Motion by Lynch to receive and file the documents and listen to presentation. Seconded by Resnick. Mr. Dickinson responded to questions from Council member Resnick. Motion carried 7-0. 2. SRF Green Alley Project Bid Set 3 - Year 2 Award: City Manager recommending award of the SRF Green Alley Bid Set 3 — Year 2 Project construction contract to the low bidder Portzen Construction. Motion by Connors to receive and file the documents and adopt Reso- lution No. 71-15 Awarding Public Improvement Contract for the SRF Green Alley Bid Set 3 - Year 2 Project. Seconded by Braig. Civil Engineer Jon Dienst responded to questions from Council member Connors. Motion carried 7-0. RESOLUTION NO. 71-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY BID SET 3 — YEAR 2 PROJECT Whereas, sealed proposals have been submitted by contractors for the SRF Green Alley Bid Set 3 — Year 2 Project (the Project) pursuant to Resolution No. 21-15 and Notice to Bid- ders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of January, 2015. Whereas, said sealed proposals were opened and read on the 19th day of February, 2015, and it has been determined that Portzen Construction of Dubuque, Iowa, with a bid in the amount of $1,475,768.50, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Con- struction and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. SRF Green Alley Project Bid Set 6 Year - 1 Award: City Manager recommending award of the SRF Green Alley Bid Set 6 — Year 1 Project construction contract to the low bidder Drew Cook & Sons Excavating. Motion by Connors to receive and file the documents and adopt Resolution No. 72-15 Awarding the Public Improvement Contract for the SRF Green Alley Bid Set 6 - Year 1 Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 72-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY BID SET 6 — YEAR 1 PROJECT Whereas, sealed proposals have been submitted by contractors for the SRF Green Alley Bid Set 6 — Year 1 Project (the Project) pursuant to Resolution No. 25-15 and Notice to Bid- ders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of January, 2015. Whereas, said sealed proposals were opened and read on the 19th day of February, 2015, and it has been determined that Drew Cook & Sons Excavating of Dubuque, Iowa, with a bid in the amount of $284,934.20, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Drew Cook & Sons Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 2nd day of March, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Environmental Protection Agency (EPA) PM Advance Path Forward: City Manager rec- ommending approval of the revised Path Forward for submittal to the Environmental Protec- tion Agency's PM Advance Program. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Connors. Sustainable Community Coordinator Cori Burbach responded to questions from council. Council person Braig read into the record an email from citizen Paul Schultz. Motion carried 7-0. PUBLIC INPUT Jacob Long, 4604 Cardinal Dr., addressed the council stating his concerns regarding the cities credit rating as well as the upcoming budget discussions. Allen Troupe, 2003 Key Way Apt. 2, addressed the council regarding the cost of cleanup of a vandalized parking ramp as well as the increase in inspection fees. CLOSED SESSION Property Acquisition - Code of Iowa Chapter 21.5 (1)(j) Motion by Jones to convene in closed session at 7:12 p.m. to discuss property acquisition pursuant to Chapter 21.5(1)(j) of the Code of Iowa. Seconded by Resnick. Motion carried7-0. Upon motion the City Council reconvened in open session at 7:42 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 7:43 p.m. /s/Trish L. Gleason, CMC Assistant City Clerk 1t 3/11