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4 6 15 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on April 6, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session for the Catfish Creek Watershed man- agement Plan. Work Session Catfish Creek Watershed Management Plan • Watershed Planning Steps (Addresses USEPA/Iowa DNR 9 Elements) • Watershed Field Inventory • Important Natural Areas • Future Land Use/Land Cover • Green Infrastructure Network • Water Quality Criteria Exceedances • Pollutant Loading Model Results • Flood Problem Areas • Policy Recommendations • Site Specific Management Measures • Detention Basin Recommendations • Wetland Restoration Recommendations • Streambank, Channel, & Riparian Restoration • Stream & Riparian Area Restoration • Green Infrastructure Protection Areas • Existing Agricultural Management Practices • High Priority -Critical Areas • State Revolving Fund (SRF) Sponsorship Project — Catfish Creek • Other Projects and Future Goals There being no further business, upon motion the City Council adjourned at 6:01 p.m. is/Trish Gleason, Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 6, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Community Development Week (April 6-11) accepted by Theresa Caldwell Presi- dent of The Washington Neighborhood Association 2. Mayor's Day of Recognition for National Service (April 7) Natalie Blatz with Ameri- Corp Partners in Learning and Beth Kelchen, Project Director with Retired and Senior Volunteer Program 3. Smart Money Week (April 18 - 25) accepted by Amy Muchmore, Adult Services Manager, Carnegie -Stout Public Library CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission 2/25, 3/10; Historic Preservation Commission of 3/19; Library Board of Trustees of 1/22, 2/17; Sister City Relationship Advisory Commission of 3/18; Proof of Publication City Council proceedings of 2/15, 3/2, 3/3, 3/5. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Shanita Alexander for vehicle damage; Kristine Blake- man for vehicle damage; Carol Boge for property damage; Linda Chong for property damage; Jennifer Feist for personal injury; Will Gross for property damage; Robert Hall for property damage; Laura Merritt for property damage; James Meyer for property damage; Thomas Miller for personal injury; Mark Sarazin for property damage; Eliza- beth Smith for property damage; Trigger Happy Tattoo for revenue loss; Joyce and Al- bert Wiendenbacher for property damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Shanita Alexander for vehicle damage; Kristine Blakeman for vehicle damage; Carol Boge for property damage; Linda Chong for property damage; Jennifer Feist for personal injury; Will Gross for property damage; Robert Hall for property dam- age; Laura Merritt for property damage; James Meyer for property damage; Thomas Miller for personal injury; Mark Sarazin for property damage; Joyce and Albert Wiendenbacher for property damage. Upon motion the documents were received, filed and concurred. 4. AmeriCorps VISTA Project Application: City Manager recommending approval of the AmeriCorps VISTA grant application to the Corporation for National and Community Service for four VISTA positions focused on the Third Grade Reading Initiative. Upon motion the documents were received, filed and approved. 5. Dubuque Marina Assignment of Lease: City Manager recommending approval of the Assignment of Lease with the understanding that the Assignment of Lease should not be considered by Pier Pressure Marine IA, Inc. as any indication of whether the City will or will not agree to an extension of the Lease. Upon motion the documents were re- ceived, filed and approved. 6. North Cascade Road Developers Agreement: City Manager recommending ap- proval of the North Cascade Road Developers Agreement. Upon motion the documents were received, filed and approved. 7. US Department of Housing and Urban Development (HUD) Resiliency Grant Ap- plication - Phase I: City Manager recommending approval for the submission of a Phase I application to the US Department of Housing and Urban Development National Disas- ter Resilience Competition. Upon motion the documents were received, filed and ap- proved. 8. Community Working/Investing in Neighborhood Stabilization (WINS) Grant Pro- gram: City Manager recommending approval of the submittal of The Wells Fargo/U.S. Conference of Mayors Community WINS (Working/Investing in Neighborhood Stabiliza- tion) Grant Program joint application in partnership with the Community Foundation of Greater Dubuque and Northeast Iowa Community College. Upon motion the documents were received, filed and approved. 9. Art on the River - Arts and Cultural Affairs Advisory Commission Modified Recom- mendation: The Arts and Cultural Affairs Advisory Commission is recommending that the City Council concur with the updated 2015 Art on the River jury selections and rec- ommendations for outdoor sculpture at the Port of Dubuque. Upon motion the docu- ments were received, filed and approved. 10. Community Development Block Grant FY15 Annual Action Plan -Amendment 2: City Manager recommending approval of the Community Development Block Grant Fis- cal Year 2015 Annual Action Plan- Amendment 2. Upon motion the documents were received and filed and Resolution No. 95-15 Approving Fiscal Year 2015 (Program Year 2014) Annual Action Plan Amendment 2 for Community Development Block Grant (CDBG) Funds was adopted. RESOLUTION NO. 95-15 APPROVING FISCAL YEAR 2015 (PROGRAM YEAR 2014) ANNUAL ACTION PLAN AMENDMENT 2 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Years 2015; and Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocat- ing funds between existing activities; and Whereas, said amendment is a non -substantial amendment as provided in the City's Citizen Participation Plan and therefore must be approved by resolution of the City Council after recommendation by the Community Development Advisory Commission; and Whereas, the Community Development Advisory Commission reviewed said amendment on March 18, 2015 and voted to approve said amendment and 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 Annual Action Plan for Fiscal Year 2015 is here by amended into a Fiscal Year 2015 (Program Year 2014) Annual Action Plan — Amendment 2, attached hereto as Exhibit A. Section 2. That said Fiscal Year 2015 (Program Year 2014) Annual Action Plan Amendment 2 attached hereto as Exhibit A is hereby approved. Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and amendment to the U.S. Department of Housing and Urban Devel- opment. Passed, approved and adopted this 6th day of March, 2015 Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 11. PetData Contract Renewal: City Manager recommending approval of a renewal agreement with PetData, Inc. for the pet licensing service that processes the sale of all dog and cat licenses in the City of Dubuque. Upon motion the documents were re- ceived, filed and approved. 12. Concession Agreement - Flora and Sutton Swimming Pool: City Manager rec- ommending acceptance of the latest bid from Paul Connors to operate the pool conces- sions. Upon motion the documents were received, filed and approved. 13. Iowa Department of Transportation Grant Agreement for County/City Trailhead - Corrected Version: City Manager recommending approval of the corrected version of the Iowa Department of Transportation grant agreement for the County/City Heritage Trail Parking Lot along S. John Deere Road. Upon motion the documents were re- ceived, filed and approved. 14. Multicultural Family Center Agreement: City Manager recommending approval of the First Amendment to the Agreement between the City of Dubuque and the Multicul- tural Family Center. Upon motion the documents were received, filed and approved. 15. Water & Resource Recovery Center (W&RRC) Cogeneration Facilities Project Acceptance: City Manager recommending acceptance of the construction contract for the Water and Resource Recovery Center Cogeneration Facilities Project, as completed by Total Mechanical Services, Inc. Upon motion the documents were received and filed and Resolution No. 96-15 Accepting the Water and Resource Recovery Cogeneration Facilities Project and Authorizing the Payment of the Contract Amount to the Contractor was adopted. RESOLUTION NO. 96-15 ACCEPTING THE WATER AND RESOURCE RECOVERY COGENERATION FACILI- TIES PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Water and Resource Recovery Cogeneration Facilities Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been complet- ed according to the terms of the Public Improvement Contract and that the City Engi- neer 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 Water and Resource Recovery Cogeneration Facilities Project fund for the contract amount of $3,227,096 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE WATER AND RESOURCE RECOVERY COGENERATION FACILITIES PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Water and Resource Recovery Cogeneration Facilities Project, 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 $3,227,096. Dated this 6th day of March, 2015. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 6th day of March, 2015. /s/Trish L. Gleason, Assistant City Clerk 16. Acceptance of Temporary Easement for Grading and Construction and a Perma- nent Easement for Sanitary Sewer from Davis Place LLC.: City Manager recommending acceptance of a temporary easement for grading and construction and a permanent easement for sanitary sewer from The Davis Place LLC. Upon motion the documents were received and filed and Resolution No. 97-15 Accepting a Grant of Temporary Easement for Grading and Construction and Permanent Easement for Sanitary Sewer Through, Over and Across Part of Lot 3 in Davis Place 11, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 97-15 ACCEPTING A GRANT OF TEMPORARY EASEMENT FOR GRADING AND CON- STRUCTION AND PERMANENT EASEMENT FOR SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 3 IN DAVIS PLACE II, IN THE CITY OF DUBU- QUE, IOWA Whereas, The Davis Place LLC has executed a Temporary Easement for Grading and Construction and a Permanent Easement for Sanitary Sewer through, over and across Part of Lot 3 in Davis Place 11, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Temporary Easement for Grading and Construction and a Permanent Easement for Sanitary Sewer through, over and across Part of Lot 3 in Davis Place 11, in the City of Dubuque, in the City of Dubuque, Dubuque County, Iowa from Davis Place LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish Gleason, Assistant City Clerk 17. Final Plat for Derby Grange Acres: City Manager recommending approval of the Final Plat of Derby Grange Acres subject to allowing 22 -foot paving width for Country View Drive and Country View Court, a 25 -foot lot frontage for Lot 6, and waiving Sec- tions 11-20 Water Supply, 11- 21 Sanitary Sewer, 11-23 Obligation to Install Improve- ments, and 11-24 Improvement Guarantees. Upon motion the documents were received and filed; and Resolution No. 98-15 Approving the Final Plat of Derby Grange Acres in Dubuque County, Iowa was adopted. RESOLUTION NO. 98-15 APPROVING THE FINAL PLAT OF DERBY GRANGE ACRES IN DUBUQUE COUN- TY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Derby Grange Acres; and Whereas, said Final Plat provides for a 22 -foot pavement width for Country View Drive and Country View Court, where 26 -foot paving width for a private street is re- quired by Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat provides 25 feet of frontage for Lot 6 on a public street or an approved private street, where 50 feet is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commis- sion and has its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow two 22 -foot wide paved private streets. Section 2. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 25 feet of frontage on a public street or an approved private street for Lot 6. Section 3. That the City Council hereby waives Sections 11-20 Water Supply, 11-21, Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees. Section 4. That the Final Plat of Derby Grange Acres is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) To construct private street improvements in accordance with improvement plans approved by Dubuque County and certified upon completion by a professional engi- neer licensed by the State of Iowa. b) To maintain the private street improvements constructed as part of Derby Grange Acres until such time as a homeowners association is formed and is responsible for maintenance of the same. Section 5. That in the event Arboretum Development, LLC fails to execute the ac- ceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ACCEPTANCE OF RESOLUTION NO. 98-15 I, the undersigned, Greg Adams, representing Arboretum Development, LLC, having read the terms and conditions of the Resolution No. 15 and being familiar with the con- ditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 6th day of April, 2015. /s/Greg Adams Arboretum Development, LLC 18. Utility Easements - Furuseth Property: City Manager recommending approval of the purchase of an Easement Agreement from Patricia Furuseth for the construction of the utility extension to the Dubuque Regional Airport and approval of resolutions authorizing the City Manager to take such further action as is required to complete the purchase of the Easements. Upon motion the documents were received and filed and Resolution No. 99-15 Approving the Acquisition of Easements Upon Real Estate Owned by Patricia F. Furuseth In Dubuque County, Iowa; and Resolution No. 100-15 Accepting Grant of Easements Upon Real Estate Owned by Patricia F. Furuseth in Dubuque County, Iowa were adopted. RESOLUTION NO. 99-15 APPROVING THE ACQUISITION OF EASEMENTS UPON REAL ESTATE OWNED BY PATRICIA F. FURUSETH IN DUBUQUE COUNTY, IOWA Whereas, Patricia F. Furuseth is the owner of the real property (the Property) legally described as follows: Lot Two (2) of Furuseth's Eighth Subdivision in Section 23 and 24, T88N R2E of the 5th PM, Dubuque County, Iowa Lot four (4) in Furuseth's Subdivision in Section 23, T88N R2E of the 5th PM, Dubu- que County, Iowa Lot Thirty-three (33) in Furuseth's Sixth Subdivision in Sections 23 and 24, T88N R2E of the 5th PM, Dubuque County, Iowa and; Whereas, the City Manager has tentatively agreed to purchase certain easements on the Property (the Easements) for the Airport Utility Extension Project from Patricia F. Furuseth subject to the approval of an Easement Agreement and Acceptance between City and Patricia F. Furuseth by the City Council, such Easements being shown on the attached Easement Agreement and Acceptance; and Whereas, the City Council has determined that it would be in the best interests of the City to approve the purchase of the Easements from Patricia F. Furuseth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Easement Agreement and Ac- ceptance attached hereto. Section 2. The City Manager and City Attorney are authorized to take such further ac- tion as is required to complete the purchase of the Easements. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 100-15 ACCEPTING GRANT OF EASEMENTS UPON REAL ESTATE OWNED BY PATRI- CIA F. FURUSETH IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa has entered into an Agreement to purchase cer- tain Easements for the Airport Utility Extension Project from Patricia F. Furuseth; and Whereas, the terms of the Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Grant of Easements for the Airport Utility Extension Project from Patricia F. Furuseth attached hereto. Section 2. The City Manager is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection therewith. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 19. Utility Easements - O'Rourke Property: City Manager recommending approval of the purchase of an Easement Agreement from Paul O'Rourke for the construction of the Utility Extension to the Dubuque Regional Airport and approval of a resolution authoriz- ing the City Manager to take such further action as is required to complete the purchase of the Easements. Upon motion the documents were received and filed and Resolution No. 101-15 Approving the Acquisition of Easements Upon Real Estate Owned by O'Rourke Farms LLC in Dubuque County, Iowa and Resolution No. 102-15 Accepting Grant of Easements Upon Real Estate Owned By O'Rourke Farms LLC In Dubuque County, Iowa were adopted. RESOLUTION NO. 101-15 APPROVING THE ACQUISITION OF EASEMENTS UPON REAL ESTATE OWNED BY O'ROURKE FARMS LLC IN DUBUQUE COUNTY, IOWA Whereas, O'Rourke Farms LLC is the owner of the real property (the Property) legal- ly described as follows: Lot 1 of the SW'/4 of the NW 1/4; Lot 2 of the E'% of the SW 1/4; Lot 1 of the NW'/4 of the SW 1/4; the SW'/4 of the SW 1/4; the E '% of the NW'/4, Lot 1 of the E '% of the SW 1/4, and, Lot 3 of the SW 1/4 of the NW 1/4, in Section 13, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the United States Government Survey and the recorded plats of said respective Subdivisions, except the portions thereof taken by State of Iowa by Condemna- tion, Book Lands #58, Page 70 et seq., records of Dubuque County, Iowa, sub- ject to easements of record, from April 11, 2006 at 8 A.M. and The SW 1/4 of Section 23, Township 88 North, Range 2 East of the 5th P.M., ac- cording to the United States Government Survey thereof, except that portion thereof taken by the State of Iowa for Highway Purposes by Condemnation of Proceedings, subject to highway and easements of record, from April 11, 2006 at 8 A.M. and; Whereas, the City Manager has tentatively agreed to purchase certain easements on the Property (the Easements) for the Airport Utility Extension Project from O'Rourke Farms LLC subject to the approval of an Offer to Buy Real Estate and Acceptance be- tween City and O'Rourke Farms LLC by the City Council, such Easements being shown on the attached Offer to Buy Real Estate and Acceptance; and Whereas, the City Council has determined that it would be in the best interests of the City to approve the purchase of the Easements from O'Rourke Farms LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Offer to Buy and Acceptance at- tached hereto. Section 2. The City Manager and City Attorney are authorized to take such further ac- tion as is required to complete the purchase of the Easements. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 102 -15 ACCEPTING GRANT OF EASEMENTS UPON REAL ESTATE OWNED BY O'ROURKE FARMS LLC IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa has entered into an Agreement to purchase cer- tain Easements for the Airport Utility Extension Project from O'Rourke Farms LLC; and Whereas, the terms of the Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Grant of Easements for the Airport Utility Extension Project from O'Rourke Farms LLC attached hereto. Section 2. The City Manager is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection therewith. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 20. Utility Easements - Speigel Property: City Manager recommending approval of a Grant of Easement for the Royal Oaks Development Corporation Property and authori- zation for the City Manager to execute the Grant of Easement for the proposed con- struction of the Utility Extension to the Dubuque Regional Airport. Upon motion the doc- uments were received and filed and Resolution No. 103-15 Accepting Grant of Ease- ment Upon Real Estate Owned by Royal Oaks Development Corporation in Dubuque County, Iowa was adopted. RESOLUTION NO. 103-15 ACCEPTING GRANT OF EASEMENT UPON REAL ESTATE OWNED BY ROYAL OAKS DEVELOPMENT CORPORATION IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa has entered into an Agreement to purchase cer- tain Easements for the Airport Utility Extension Project from Royal Oaks Development Corporation which are located in the following described real estate and shown on the attached Grant of Easement: Lot A of Silver Oaks in Section 23, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa; and Whereas, the terms of the Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Grant of Easement for the Airport Utility Extension Project from Royal Oaks Development Corporation attached hereto. Section 2. The City Manager is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection therewith. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 21. Utility Easements - Tracy Property: City Manager recommending approval of the purchase of an Easement Agreement from William D. Tracy, William C. Tracy and Kay J. Tracy for the construction of the Utility Extension to the Dubuque Regional Airport and approval of a resolution authorizing the City Manager to take such further action as is required to complete the purchase of the Easements. Upon motion the documents were received and filed and Resolution No. 104-15 Approving the Acquisition of Ease- ments Upon Real Estate Owned by William D. Tracy, William C. Tracy, Kay J. Tracy In Dubuque County, Iowa; and Resolution No. 105-15 Accepting Grant of Easements Up- on Real Estate Owned by William D. Tracy, William C. Tracy, Kay J. Tracy In Dubuque County, Iowa were adopted. RESOLUTION NO. 104-15 APPROVING THE ACQUISITION OF EASEMENTS UPON REAL ESTATE OWNED BY WILLIAM D. TRACY, WILLIAM C. TRACY, KAY J. TRACY IN DUBUQUE COUN- TY, IOWA Whereas, William D. Tracy, William C. Tracy, and Kay J. Tracy are the owners of the real property (the Property) legally described as follows: LOT 2 OF LOT 2 IN THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA; and Whereas, the City Manager has tentatively agreed to purchase certain easements on the Property (the Easements) for the Airport Utility Extension Project from William D. Tracy, William C. Tracy, and Kay J. Tracy subject to the approval of an Easement Agreement and Acceptance between City and William D. Tracy, William C. Tracy, and Kay J. Tracy by the City Council, such Easements being shown on the attached Ease- ment Agreement and Acceptance; and Whereas, the City Council has determined that it would be in the best interests of the City to approve the purchase of the Easements from William D. Tracy, William C. Tracy, and Kay J. Tracy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Easement Agreement and Ac- ceptance attached hereto. Section 2. The City Manager and City Attorney are authorized to take such further ac- tion as is required to complete the purchase of the Easements. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 105-15 ACCEPTING GRANT OF EASEMENTS UPON REAL ESTATE OWNED BY WILLIAM D. TRACY, WILLIAM C. TRACY, KAY J. TRACY IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa has entered into an Agreement to purchase cer- tain Easements for the Airport Utility Extension Project from William D. Tracy, William C. Tracy, and Kay J. Tracy; and Whereas, the terms of the Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Grant of Easements for the Airport Utility Extension Project from William D. Tracy, William C. Tracy, and Kay J. Tracy at- tached hereto. Section 2. The City Manager is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection therewith. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 22. Mediacom Communications Company: Correspondence from Lee Grassley, Sen- ior Manager of Government Relations for Mediacom Communications Company inform- ing the City of programming adjustments being implemented on or about April 15, 2015. Upon motion the documents were received and filed. 23. EPA Brownfields Area -Wide Planning Program Grant: City Manager recommend- ing approval and acceptance of the Environmental Protection Agency Brownfields Area - Wide Planning Program Grant. Upon motion the documents were received, filed and approved. 24. Signed Contracts: Bee Branch Creek Railroad Crossing, Amendment to Service Agreement with Canadian Pacific; Full Circle Organics, LLC Renewal of Agreement. Upon motion the documents were received and filed. 25. Letter of Commitment - Greater Dubuque Agriculture and Construction Machinery Manufacturing Community Application: Submittal of this Letter of Commitment to the Greater Dubuque Agriculture and Construction Machinery Manufacturing Community application under consideration from Northeast Iowa Community College and our tri- state area partners for a regional Investing in Manufacturing Communities Partnership designation. Upon motion the documents were received, filed and approved. 26. Airport Utility Extension Project - Accepting Deed to Lot 1 of Silver Oaks: City At- torney Barry Lindahl recommending adoption of the resolution. Upon motion the docu- ments were received and filed and Resolution No. 106-15 Accepting the Deed to Lot 1 of Silver Oaks in Section 23, Table Mound Township, Dubuque County, Iowa, According to the Recorded Plat Thereof from Royal Oaks Development Corporation was adopted. RESOLUTION NO. 106-15 ACCEPTING THE DEED TO LOT 1 OF SILVER OAKS IN SECTION 23, TABLE MOUND TOWNSHIP, DUBUQUE COUNTY, IOWA, ACCORDING TO THE RECORD- ED PLAT THEREOF FROM ROYAL OAKS DEVELOPMENT CORPORATION Whereas, the City of Dubuque, Iowa and Royal Oaks Development Corporation en- tered into a Pre -Annexation Agreement dated for reference purposes the 18th day of August, 2014; and Whereas, the Agreement provided among other things that Royal Oaks Development Corporation would convey to the City certain real estate for a Booster Station for the Airport Utility Extension Project; and Whereas, the terms and conditions of the Agreement with respect to the donation of the Booster Station lot have been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque, Iowa, hereby accepts the Deed attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 27. Alcohol Compliance Civil Penalty for Alcohol License Holder - Sam's Club: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Sam's Club #4973, 4400 Asbury Road. Upon motion the documents were received, filed and approved. 28. Tobacco Compliance Civil Penalty for Tobacco License Holder - Dave's Conoco: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Dave's Conoco, 500 Locust St. Upon motion the documents were received, filed and approved. 29. Tobacco Compliance Civil Penalty for Tobacco License Holder - Family Dollar: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Family Dollar #1599, 2013 Central Avenue #4. Upon motion the documents were received, filed and approved. 30. Alcohol License Applications: City Manager recommending approval of annual liq- uor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 107-15 Approving applications for beer, liquor, and/or wine permits, as required 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 was adopted. RESOLUTION NO. 107-15 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Bunker Hill Golf Course 2200 Bunker Hill Rd. Class C Liquor (Outdoor) (Sunday) Fareway Store #114 2050 J F K Blvd. Class E Liquor, Class B Wine, Class C Beer Class E Liquor, Class B Wine, Class C Beer (Sunday) Class C Beer, Class B Wine (Sunday) Class E Liquor, Class B Wine, Class C Beer (Sunday) Class E Liquor, Class B Wine, Class C Beer (Sunday) Class C Liquor, Class B Wine (Sunday) Class C Liquor Class C Liquor (Sunday) Class B Beer (Outdoor) (Sunday) Hy -Vee #3 Hy -Vee Gas #3 Kwick Stop Food Mart Kwik Stop 16th St. #300 Lina's Thai Bistro Neightbor's Tap Noonan's Tap Panchero's Mexican 400 Locust St. 300 Locust St. 2360 Central Ave. 1215 East 16th St. 2055 Holliday Dr. #200 1899 Rockdale Rd. 1618 Central Ave. 4840 Asbury Rd. Grill Passed, approved and adopted this 6th day of April, 2015. Attest: Trish L. Gleason, Assistant City Clerk ITEMS SET FOR PUBLIC HEARING Roy D. Buol, Mayor Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Upper Bee Branch Creek Channel, Streets and Utilities Project: City Manager rec- ommending authorizing the public bidding process and establish a public hearing for April 20, 2015 for the Upper Bee Branch Creek — Channel, Street and Utilities Project. Upon motion the documents were received and filed and Resolution No. 108-15 Upper Bee Branch Creek — Channel, Streets, & Utilities Project 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 Ordering the Adver- tisement for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on April 20, 2015 in the Historic Federal Building. RESOLUTION NO. 108-15 UPPER BEE BRANCH CREEK — CHANNEL, STREETS, & UTILITIES PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Upper Bee Branch Creek — Channel, Streets & Utilities Project in the estimated amount of $18,518,300, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 20th day of April, 2015, 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 plans and specifications, form of con- tract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Section 3. The City Clerk is hereby directed to advertise for bids for the construction of 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 2:00 p.m. on the 7th day of May, 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 18th day of May, 2015, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Upper Bee Branch Creek Structures Project: City Manager recommending author- izing the public bidding process and establish a public hearing for April 20, 2015 for the Upper Bee Branch Creek — Structures Project. Upon motion the documents were re- ceived and filed and Resolution No. 109-15 Preliminary Approval of Plans, Specifica- tions, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, 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 April 20, 2014 in the Historic Federal Building. RESOLUTION NO. 109-15 UPPER BEE BRANCH CREEK — STRUCTURES PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Upper Bee Branch Creek — Structures Project in the estimated amount of $5,482,900, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 20th day of April, 2015, 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 plans and specifications, form of con- tract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Section 3. The City Clerk is hereby directed to advertise for bids for the construction of 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 2:00 p.m. on the 30th 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 18th day of May, 2015, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. North Cascade Road Housing - Urban Renewal Plan Amendment: City Manager recommending City Council adopt the Resolution of Necessity to begin the process of creating the Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area and set a public hearing for May 4, 2015 on adoption of the Amended Plan for the North Cascade Road Housing Urban Renewal Area. Upon motion the documents were received and filed and Resolution No. 110-15 Of Necessity Finding That Certain Proper- ty Along North Cascade Road is an Economic Development Area and that the Devel- opment of Said Area is Necessary in the Interest of the Residents of the City of Dubu- que, Iowa, and Setting a Date for Hearing on a Proposed Amendment to Urban Renew- al Plan for Said District was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on May 4, 2015 in the Historic Federal Building. RESOLUTION NO. 110-15 RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY ALONG NORTH CASCADE ROAD IS AN ECONOMIC DEVELOPMENT AREA AND THAT THE DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING A DATE FOR HEARING ON A PROPOSED AMENDMENT TO URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council has heretofore approved the Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area in order to enhance the City's ongo- ing economic development efforts; and Whereas, the City Council has determined that the North Cascade Road Housing Ur- ban Renewal Area meets the definition of an economic development area as defined in Iowa Code Chapter 403; and Whereas, a significant need for housing units exists in the community and local re- sources are needed to advance the development; and Whereas, City desires to allow for a potential increase in the amount of tax increment financing to benefit Low and Moderate Income (LMI) individuals in the community; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the resi- dents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager has prepared an Amended Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area, attached hereto, and is di- rected to begin the consultation process required by law with affected taxing entities. Section 2. That the City Clerk is directed to publish notice of a public hearing on the adoption of the Amended Plan for the North Cascade Road Housing Urban Renewal Area to be held on the 4th day of May, 2015, at 6:30 p.m. in the Historic Federal Building in Dubuque, Iowa, 350 W. 6th Street, Dubuque, Iowa and that said notice shall generally identify the area covered by the Amended Plan and the general scope of the activities planned for such area. Section 3. That the City Clerk is further directed to send by ordinary mail a copy of said Amended Plan and Notice of Public Hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affected taxing entities. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their appointment to the following Boards/Commissions: 1. Electrical Code Board: One, 3 Year term through May 21, 2017 (Vacant term of Pfohl), Applicant: Zach Dowell, 2055 Winne Ct. (Qualifies as Journeyman/Maintenance) Appointments to the following Boards or Commissions: 1. Environmental Stewardship Advisory Commission: One, 3 Year term through Oc- tober 1, 2017 (Vacant term of Splittstoeser) Applicant: Jalee Lynn Frommelt, 2540 An- amosa Dr. Motion by Braig to appoint Jalee Lynn Frommelt, to a 3 -year term through October 1, 2017. Seconded by Connors. Motion carried 7-0. 2. Housing Code Appeals Board: One, 3 Year term through January 11, 2016 (Va- cant term of Kinsella) Applicant: Ronald White, 3197 Highland Park Dr. Motion by Jones to appoint Ronald White to a 3 -year term through January 11, 2016. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council and the following items. 1. SRF Green Alley Project - Bid Set 7 Year 1: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost of the SRF Green Alley Project Bid Set 7 - Year 1 and the City Manager recom- mending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 111-15 Approval of Plans, Specifications, Form of Contract, and Esti- mated Cost for the SRF Green Alley Bid Set 7 — Year 1 Project; Resolution No. 112-15 With Respect to the Adoption of the Resolution of Necessity Proposed for the SRF Green Alley Bid Set 7 — Year 1 Project; and Resolution No. 113-15 Approving Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 7 — Year 1 Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 111-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED 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 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 approved. Passed, adopted and approved this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 112-15 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE- CESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 7 — YEAR 1 PRO- JECT Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green Alley Bid Set 7 — Year 1 Project and has given notice of the public hearing there- on as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly con- sidered are overruled. Passed, adopted and approved this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 113-15 APPROVING 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 plat, 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 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. 253 Main St. - Development Agreement: Proof of publication on notice of public hearing for the approval of the Development Agreement with Ken Oberbroeckling to re- develop property at 253 Main Street into four market rate apartments and the City Man- ager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 114-15 Approving a Development Agreement Between the City of Dubuque, Iowa and Ken Oberbroeckling and the Issuance of Urban Renewal Tax In- crement Revenue Obligations. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 114-15 APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KEN OBERBROECKLING AND THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS Whereas, the City Council, by Resolution No. 89 -15, dated March 16, 2015 declared its intent to enter into a Development Agreement with Ken Oberbroeckling; and Whereas, pursuant to published notice, a public hearing was held on April 6, 2015 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa for entering into the Development Agreement for the purpose of carrying out the rehabilitation of property located at 253 Main Street; and Whereas, it is the determination of the City Council to enter into the Development Agreement and to approve the issuance of Urban Renewal Tax Increment Revenue ob- ligations, as provided by Chapter 403 of the Code of Iowa, relating thereto for the pur- pose of carrying out an Urban Renewal Plan as hereinafter described, is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and Ken Oberbroeckling is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Devel- opment Agreement on behalf of the City and City Clerk is authorized and directed to at- test to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. 1576 Locust St. - Development Agreement: Proof of Publication on notice of public hearing to approve the Development Agreement with Chris and Gary Stelpflug for rede- velopment of property located at 1576 Locust Street into three apartments and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 115-15 Approving a Development Agreement Between the City of Dubuque, Iowa and Weaver Castle, LLC. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 115-15 APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC Whereas, the City Council, by Resolution No. 90 -15, dated March 16, 2015 declared its intent to enter into a Development Agreement with Weaver Castle, LLC; and Whereas, pursuant to published notice, a public hearing was held on April 6, 2015 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa for entering into the Development Agreement for the purpose of carrying out the rehabilitation of property located at 1576 Locust Street; and Whereas, it is the determination of the City Council that approval of the Development Agreement according to the terms and conditions set out in the Development Agree- ment is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and Weaver Castle, LLC is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Devel- opment Agreement on behalf of the City and City Clerk is authorized and directed to at- test to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Fiscal Year 2015 Second Budget Amendment: City Manager recommending ap- proval of the second Fiscal Year 2015 Budget Amendment. Motion by Jones to receive and file the documents and adopt Resolution No. 116-15 Amending the Current Budget for the Fiscal Year Ending June 3 2015 (as amended last on 09/15/2014). Jacob Long, 4604 Cardinal Dr., addressed the council stating his concerns regarding the cities credit rating, increased fees and upcoming debt. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 116-15 A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 3, 2015 (AS AMENDED LAST ON 09/15/2014.) Be it Resolved by the Council of the City of Dubuque Section 1. Following notice published 03/20/15 and the public hearing held, 04/06/2015 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was con- sidered at that hearing: Total Budget as certified or last amended Current Amendment Total Budget after Current Amendment Revenues & Other Financing Sources 24,011,071 0 24,011,071 Taxes Levied on Properly 1 Less: Uncollected Property Taxes -Levy Year 2 0 0 0 Net Current Property Taxes 3 24,011,071 0 24,011,071 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 10,622,261 0 10,622,261 Other City Taxes 6 14,959,338 132,710 15,092,0481 Licenses&Permits 7 1,344,102 -56,605 1,287,4971 Use of Money and Properly 8 13,038,511 -1,182,302 11,856,209 Intergovernmental 9 67,339,296 -782,175 66,557,1211 Charges for Services 10 37,705,466 0 37,705,466 Special Assessments 11 806,748 0 806,748 Miscellaneous 12 10,153,090 208,496 10,361,586 Other Financing Sources 13 122,826,988 -24,856,824 97,970,164 Total Revenues and Other Sources 14 302,806,871 -26,536,700 276,270,171 Expenditures & Other Financing Uses 28,414,303 -406,675 28,007,628 Public Safety 15 Public works 16 12,646,253 -183,714 12,462,539 Health and Social Services 17 1,153,693 -4,331 1,149,362 Culture and Recreation 18 11,883,539 -429,966 11,453,573 Community and Economic Development 19 13,605,928 -557,799 13,048,129 General Government 20 7,958,727 -134,129 7,824,598 Debt Service 21 9,117,241 296,175 9,413,416 Capital Projects 22 81,558,738 -21,655,491 59,903,247 Total Government Activities Expenditures 23 166,338,422 -23,075,930 143,262,492 Business Type / Enterprises 24 139,129,578 -20,628,475 118,501,103 Total Gov Activities &Business Expenditures 25 305,468,000 -43,704,405 261,763,595 Transfers Out 26 43,672,457 -9,457,036 34,215,421 Total Expenditures/Transfers Out 27 349,140,457 -53,161,441 295,979,016 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 28 -46,333,586 26,624,741 -19,708,845 Beginning Fund Balance July 1 29 107,292,283 0 107,292,283 Ending Fund Balance June 30 30 60,958,697 26,624,741 87,583,438 Passed this 6th day of April, 2015 Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Vacate Access, Utility and Storm Water Drainage Easement Lot C Reche's Subdi- vision - University of Dubuque Physician's Assistant Building Addition: Proof of publica- tion on notice of public hearing to vacate the easement of Lot C Reche's Subdivision, and transfer of ownership and maintenance responsibilities for the public sanitary sewer at no cost to the University of Dubuque in exchange for the transfer of ownership and maintenance of the sanitary sewer main to the University of Dubuque. Motion by Con- nors to receive and file the documents and adopt Resolution No. 117-15 Disposing of City Interest in an Access, Utility, and Storm Water Drainage Easement Over and Across Lot C of Reche's Subdivision in the City of Dubuque, Dubuque County, Iowa. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 117-15 DISPOSING OF CITY INTEREST IN AN ACCESS, UTILITY, AND STORM WATER DRAINAGE EASEMENT OVER AND ACROSS LOT C OF RECHE'S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 20th day of March, 2015, the City Council of the City of Dubuque, Iowa met on the 6th day of April, 2015, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in an access, utility, and storm water drainage easement over and across real estate as shown on the attached exhibit labelled "Easement Vacation Exhibit" and described as: Lot C of Reche's Subdivision in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in the access, utility, and storm water drainage easement across said Lot C of Reche's Subdivision in the City of Dubuque, Iowa, to the University of Dubuque. Section 2. That the Mayor be authorized and directed to execute a Release of Ease- ment, and the City Clerk be and is hereby authorized and directed to deliver said Re- lease to the University of Dubuque. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and Release of Easement in the offices of the City As- sessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of April, 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. Eagle Point Energy Power Purchase Agreement Reinstatement: City Manager recommending approval of reinstating the August 1, 2011 Agreement with Eagle Point Energy- 1, LLC effective May 1, 2015. Motion by Lynch to receive and file the docu- ments and adopt Resolution No. 118-15 Reinstating the August 1, 2011 Agreement for Solar License and Power Purchase between the City of Dubuque, Iowa and Eagle Point Energy- 1, LLC. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 118-15 REINSTATING THE AUGUST 1, 2011 AGREEMENT FOR SOLAR LICENSE AND POWER PURCHASE BETWEEN THE CITY OF DUBUQUE, IOWA AND EAGLE POINT ENERGY- 1, LLC Whereas, on August 1, 2011, the City of Dubuque, Iowa (City) and Eagle Point Ener- gy - 1, LLC (Eagle Point) entered into an Agreement for Solar License and Power Pur- chase (the August 1 Agreement); and Whereas, a controversy arose as to whether the August 1 Agreement was consistent with Iowa law; and Whereas, City and Eagle Point then entered into the October 3, 2011 License Agreement Regarding Solar Photovoltaic Equipment (the October 3 Agreement); and Whereas, the October 3 Agreement provided in Section 44 that upon the mutual writ- ten consent of the parties, at any time during the Term of the October 3 Agreement, that Eagle Point is not a "public utility" under Iowa law and that Eagle Point would not be in violation of any law or regulation if Eagle Point engaged in selling the power generated by Eagle Point to City on the basis of the amount of power actually generated by Eagle Point, then City could in its sole discretion and upon not less than 30 days written notice to Eagle Point elect that the October 3 Agreement would be deemed null and void and the August 1 Agreement would be reinstated as the binding agreement between the parties; and Whereas, City and Eagle Point now agree that Eagle Point is not a public utility and would not be in violation of any law or regulation in selling the power generated by it to City; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to reinstate the August 1 Agreement; and Whereas, City by this resolution hereby provides notice to Eagle Point that the Octo- ber 3 Agreement should be deemed null and void and the August 1 Agreement should be reinstated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The October 3, 2011 License Agreement Regarding Solar Photovoltaic Equipment is hereby declared null and void. Section 2. The August 1, 2011 Agreement for Solar License and Power Purchase is hereby reinstated effective May 1, 2015. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Property Acquisition - Doris A. Graf Farm: City Manager recommending approval of an Offer to Buy Real Estate and Acceptance to purchase the 166.3 acre Graf Farm. Motion by Lynch to receive and file the documents and adopt Resolution No. 119-15 Approving the Acquisition of Real Estate owned by Doris A. Graf in Dubuque County, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 119-15 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DORIS A. GRAF IN DUBUQUE COUNTY, IOWA Whereas, Doris A. Graf is the owner of the following real property (the Property): Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One- quarter, Section 25, Township 89 North , Range 1 East of the 5th Principal Meridian, in Center Town- ship, Dubuque County , Iowa; and Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Io- wa, according to the plat thereof; and The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; and Whereas, the City Manager has tentatively agreed to purchase the Property from Do- ris A. Graf, subject to the approval of an Offer to Buy Real Estate and Acceptance be- tween City and Doris A. Graf by the City Council; and Whereas, the City Council has determined that it would be in the best interests of the City to approve the purchase of the Property from Doris A. Graf. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Offer to Buy and Acceptance at- tached hereto. Section 2. The City Manager and City Attorney are authorized to take such further ac- tion as is required to complete the purchase of the Property. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Premier Bank Intercreditor Agreement: City Manager recommending approval of an Intercreditor Agreement with Premier Bank for the German Bank Building, 342 Main Street. Motion by Connors to receive and file the documents and adopt Resolution No. 120-15 Approving an Intercreditor Agreement Between the City of Dubuque, Iowa and Premier Bank. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 120-15 APPROVING AN INTERCREDITOR AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND PREMIER BANK Whereas, Premier Bank (Bank) entered into a Promissory Note and related loan doc- uments with James Madison, LLC, Mathew J. Kluesner and Sarah E. Kluesner (Bor- rower), pursuant to which Bank agreed to make a loan to Borrower with respect to the German Bank Building, which bank loan is secured by a mortgage in favor of Bank; and Whereas, City made a loan to German Bank Building LLLP which loan has been as- sumed by Borrower and is also secured by a mortgage on the German Bank Building; and Whereas, Borrower is in default on the Bank mortgage and the City mortgage; and Whereas, City and Bank wish to set forth their agreement in the attached Intercreditor Agreement for the purpose of establishing an expeditious procedure for collecting the balances due on their respective loans; and Whereas, the City Council of the City of Dubuque, Iowa finds that it is in the best in- terests of the City to approve the Intercreditor Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Intercreditor Agreement attached hereto is hereby approved. Section 2. The City Manager is hereby authorized and directed to sign the Intercredi- tor Agreement on behalf of the City of Dubuque and to take such further action as may be necessary to carry out the terms of the Intercreditor Agreement. Passed, approved and adopted this 6th day of April, 2015. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 4. Funding to Increase Library Hours: City Manager recommending approval of an al- location in the Fiscal year 2016 budget, subject to a future budget amendment. Motion by Connors to receive and file the documents and approve the recommendation. Se- conded by Jones. Motion carried 7-0. 5. Examining Board Member Appointment: Correspondence from Rick Engelken, City Assessor requesting appointment of a City Council member to the Examining Board pursuant to Iowa Code 441.3 and documentation of such appointment. Motion by Con- nors to receive and file the documents and appoint Council member Lynch to the Exam- ining Board. Seconded by Lynch. Motion carried 7-0. 6. Request for Work Session - Parks to People: City Manager recommending City Council schedule a work session on May 18, 2015 at 5:15 pm for Parks to People. Mo- tion by Jones to set the work session as recommended. Seconded by Braig. Motion car- ried 7-0. COUNCIL MEMBER REPORTS Council member Braig acknowledged and thanked Boy Scout Troop 69 for attending the City Council meeting. Council member Lynch requested staff devote time to investigating and improving op- tions to prevent possible child abductions. Council member Jones congratulated Ben Jacobson from the Telegraph Harold on his recent promotion PUBLIC INPUT Allen Troupe 2003 Key Way Apt. 2, thanked the council for their decision to rezone the property at 2750 Balboa Drive for Mary's Inn. CLOSED SESSION Motion by Jones to convene in closed session at 7:45 p.m. to discuss property acqui- sition pursuant to Chapter 21.5(1)(j) of the Code of Iowa. Seconded by Resnick. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:12 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:13 p.m. /s/Trish L. Gleason, Assistant City Clerk