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6 1 15 City Council Proccedings 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 June 1, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Braig 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) LGBT+ Pride Month (June 2015) was accepted by Jessi Perry on behalf of Rainbow Pride, Peer Support Specialist for Hillcrest Family Services, 225 W. 6th St.; Juneteenth Celebration Day (June 20, 2015) was accepted by Mayor Buol; Apples for Students Months (June/July 2015) was accepted by Beth McGory, Out- reach Coordinator for St. Mark Youth Enrichment Center, 1201 Locust St. 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 6-0. 1. Minutes and Reports Submitted: City Council Proceedings of 5/18; Civil Service Commission of 5/20; Housing Code Appeals Board of 3/17; Housing Trust Fund Adviso- ry Committee of 5/14; Park and Recreation Commission of 5/12; Proof of Publication for City Council Proceedings of 5/4; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 3/31; Proof of Publication for the 2015 Water Quality Re- port; Proof of Publication for Delinquent Utilities Collection Accounts 5/15, 5/22. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: City of Dubuque vs. Edward F. Davis et al; City of Dubuque vs. Chad R. Hansen et al. Upon motion the documents were received, filed and referred to the City Attorney. 3. Government Finance Officers Association (GFOA) - Certificate of Achievement: City Manager transmitting the 27th consecutive Certificate of Achievement for Excel- lence in Financial Reporting from the Government Finance Officers Association (GFOA) for Fiscal Year ended June 30, 2014. Upon motion the documents were received and filed. 4. Final Plat North Fork Trails No. 5 (Phase II): City Manager recommending approval of the Final Plat of North Fork Trails No. 5 as the submitted Final Plat is in compliance with the City of Dubuque Unified Development Code. Upon motion the documents were received and filed and Resolution No. 182-15 Authorizing approval of the Final Plat of North Fork Trails No. 5 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 182-15 AUTHORIZING APPROVAL OF THE FINAL PLAT OF NORTH FORK TRAILS NO. 5 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of North Fork Trails No. 5 in the City of Dubuque, Iowa; and Whereas, upon said final plat appears a street to be known as Keymont Court (Lot A), together with certain public utility, sanitary sewer, storm sewer, storm water, and wa- ter main easements, which the owner by said final plat has dedicated to the public for- ever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commis- sion and its approval has been endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and her approval has been endorsed thereon, subject to the owner's agreeing to the conditions specified herein; and Whereas, said final plat has been examined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Keymont Court (Lot A) and the easements for public utilities, sanitary sewer, storm sewer, storm water, and water mains, as they appear on said final plat, be and the same are hereby accepted; and Section 2. That the Final Plat of North Fork Trails No. 5 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 of the attached conditions and further agree: (a) To reduce Keymont Court (Lot A) to grade and to construct , concrete curb and gutter with asphaltic concrete pavement or Portland Cement concrete pave- ment with integral curb, all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and in- spected and approved by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, detention basins, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting, fiber optic conduit and vaults, and erosion control devices all in accordance with the City of Dubu- que standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (c) To construct accessible sidewalk ramps at the intersection of Keymont Court with Keymont Drive all in accordance with current City of Dubuque standard specifications and PROWAG guidelines in a manner acceptable to the City Engi- neer, and inspected and approved by the City Engineer. (d) To construct the improvements outlined in (a), (b) and (c) above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (e) To maintain the improvements outlined in (a), (b) and (c) above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner; (f) To maintain the streets, except for snow removal and deicing, until 80% of the lots are improved. Maintenance will consist of routine inspections, sweeping and/or vacuuming any sediment from the void area or subgrade, and adding ma- terial to the void area as necessary. Maintenance shall also include the removal and replacement of pavers, as necessary, to maintain the design gradient and design cross section of the street. (g) To provide security for the performance of the foregoing conditions specified in Section 16-11-24 of the Unified Development Code in such form and with such sureties as may be acceptable to the City of Dubuque, Iowa; Section 3. That sidewalk installation, excluding the accessible ramps noted in Section 2(c) above, shall be the responsibility of each lot owner for each lot abutting the public rights-of-way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 and 16-11-16 (Sidewalk Installation and Repair). Sidewalk cross slopes shall be less than 2% in accordance with the City of Dubuque standard specifications. Section 4. That the owner must continue to own and maintain stormwater detention basin (stone storage area under cul-de-sac) until (1) the facility has been fully complet- ed, (2) 80% of the platted lots shown on the plat of North Fork Trails No. 5 have been fully developed, and 3) adequate erosion control measures, as approved by the City Engineer, have been installed on the remaining 20% of the said lots. Acceptance of the detention facility must be approved by the City Council as required by the Unified De- velopment Code. Upon the City's acceptance of the detention facility, the inspection, administrative and maintenance expenses incurred by the City of Dubuque for the storm water detention facility (stone storage area under cul-de-sac) shall be assessed against the property owners, except the City of Dubuque, of all phases of North Fork Trails Subdivision as indicated above and on the preliminary plat, in equal amounts, and the City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the planting of street trees shall be coordinated with the City Forester. If either the Developer or individual property owner desires to plant street trees. Any trees planted within the street right-of-way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer's or property owner's expense Section 6. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City stand- ards and specifications and accepted by City Council Resolution. Section 7. That in the event 4 -ALL, LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and ap- proval the plat shall not be effective. Passed, approved and adopted this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 182-15 I, the undersigned, Tom Thompson, representing 4 -ALL, LLC, having read the terms and conditions of the Resolution No. 182-15 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 1st day of June, 2015. /s/Tom Thompson 4 -ALL, LLC 5. Property Acquisition - Bee Branch Subdivision No. 12 / Dubuque Community School District: City Manager recommending approval of the acquisition of Lot 2 of Bee Branch Subdivision No. 12 — a portion of Audubon School property, from the Dubuque Community School District required to construct the multi -use trail and for installation of the sanitary interceptor sewer as part of the Bee Branch Creek Restoration Project. Up- on motion the documents were received and filed and Resolution No. 183-15 Approving the acquisition of real estate owned by Dubuque Community School District, in the City of Dubuque and acceptance of the Deed to such property was adopted. RESOLUTION NO. 183-15 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DUBUQUE COM- MUNITY SCHOOL DISTRICT, IN THE CITY OF DUBUQUE AND ACCEPTANCE OF THE DEED TO SUCH PROPERTY Whereas, the City of Dubuque intends to acquire certain real estate (the Real Estate) located immediately adjacent to the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Mas- ter Plan" as amended in 2013; and Whereas, the Real Estate is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the owner of the Real Estate approached by the City of Dubuque and vol- untarily agreed to sell to the City of Dubuque property for addition to, but not currently part of, the Bee Branch Creek Restoration Project; and Whereas, the 2008 Dubuque Comprehensive Plan's Transportation Goals calls for the establishment of improved hike and bike routes in the City of Dubuque to encourage alternative modes of transportation; and Whereas, the acquisition of the Real Estate would provide space for the construction of a hike/bike path connection between the 26 -mile Heritage Trail and the City's 14 -mile Mississippi Riverfront trail system; and Whereas, the acquisition of the Real Estate is a voluntarily negotiated purchase by the City of Dubuque under Section 66.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement has been finalized with the owner of the Real Es- tate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has been executed by the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the fol- lowing legally described real estate pursuant to the Agreement attached hereto: LOT 2 of Bee Branch Subdivision No. 12 (Exhibit A/Preliminary Plat No. 4-1A- 15), located in the City of Dubuque, Iowa, at the cost of Thirteen Thousand Three Hundred Fourteen and 47/100 Dollars ($13,314.47). Section 2. That the City of Dubuque be and is hereby authorized to accept the War- ranty Deed attached hereto from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Specific and Aggregate Stop Loss Insurance Renewal: City Manager recommend- ing approval to accept the proposal presented by AIG for Health and Prescription Drug Plans - Specific and Aggregate Stop Loss Insurance for the plan year beginning July 1, 2015, and ending June 30, 2016, and maintaining the specific stop loss amount. Upon motion the documents were received, filed and approved. 7. Dubuque Intermodal Transportation Center (DITC) - Camera Surveillance System Contract Award: City Manager recommending award of the Dubuque Intermodal Trans- portation Center Camera Surveillance System Contract to RACOM. Upon motion the documents were received and filed and Resolution No. 184-15 Awarding public im- provement contract for camera equipment and installation for the Dubuque Intermodal Transportation Center was adopted. RESOLUTION NO. 184-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR CAMERA EQUIPMENT AND INSTALLATION FOR THE DUBUQUE INTERMODAL TRANSPORTATION CENTER Whereas, proposals have been submitted by contractors for the Dubuque Intermodal Transportation Center Camera Equipment and Installation (the Project); and Whereas, said proposals were opened and read on the 12th day of May, 2015 and it has been determined that RACOM of Dubuque, IA, with a bid in the amount of $154,524.47, 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 RACOM 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 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Dubuque Intermodal Transportation Center (DITC) - Gate Control Equipment Con- tract Award: City Manager recommending award of the Dubuque Intermodal Transpor- tation Center Gate Control Equipment System Contract to ParkingSoft Inc. Upon motion the documents were received and filed and Resolution No. 185-15 Awarding public im- provement contract for parking control equipment and installation for the Dubuque In- termodal Transportation Center was adopted. RESOLUTION NO. 185-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR PARKING GATE CONTROL EQUIPMENT AND INSTALLATION FOR THE DUBUQUE INTERMODAL TRANS- PORTATION CENTER Whereas, proposals have been submitted by contractors for the Dubuque Intermodal Transportation Gate Control Equipment and Installation (the Project); and Whereas, said proposals were opened and read on the 27th day of February, 2015 and it has been determined that ParkingSoft Inc. of Norcross Georgia, with a bid in the amount of $287,975.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to ParkingSoft, Inc. 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 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. 2015 Access Ramp Installation Project Two Award: City Manager recommending that the 2015 Access Ramp Installation Project — Project Two award to Midwest Con- crete, Inc., be officially recorded in the City Council minutes. Upon motion the docu- ments were received, filed and made a Matter of Record. 10. Environmental & Sustainable Management Systems (ESMS) Advisory Audit - Municipal Services Center: City Manager transmitting the final Environmental & Sus- tainability Management Systems (ESMS) audit conducted by a Virginia Tech trainer at the Municipal Services Center. Upon motion the documents were received and filed. 11. Eide Bailly Audit Engagement Agreement: City Manager recommending approval of the audit engagement agreement for year ending June 30, 2015 audit from Eide Bail- ly. Upon motion the documents were received, filed and approved. 12. Owner -Occupancy Restrictive Covenant - 595 Angella Street: City Manager rec- ommending approval to attach a 21 -year, owner -occupancy restrictive covenant to property located at 595 Angella Street prior to the City's disposition of the property. Up- on motion the documents were received and filed and Resolution No. 186-15 Attaching Owner Occupancy Restrictive Covenant to 595 Angella Street was adopted. RESOLUTION NO. 186-15 ATTACHING OWNER OCCUPANCY RESTRICTIVE COVENANT TO 595 ANGELLA STREET Whereas, The City desires to attach restrictive covenants to 595 Angella Street prior to disposal of said property; and Whereas, said property will be disposed of by the City and the City desires said property to be owner -occupied for a period of twenty one years after the sale. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the restrictive covenants for 595 Angella, legally described as: Lot 21 of Quigley's Subdivision of Out Lot 709, in the City of Dubuque, Iowa. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Restrictive Covenant for the above described real estate. Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy of this Resolution to the Building Services Department for recording in the Office of the Dubuque County Recorder. Passed, approved and adopted this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Sales Tax Increment Revenue Bonds (Annual Appropriation Property Tax Sup- ported), Senior Bond Series 2015A - Complete Action: City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2015A Sales Tax Increment Revenue Bonds, which will fund a portion of the Bee Branch Watershed Project. Upon motion the documents were received, filed and ap- proved. 14. Civil Service Commission: Civil Service Commission submitting the Certified Lists for the positions of Confidential Account Clerk and Police Officer. Upon motion the doc- uments were received and filed. May 20, 2015 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Confidential Account Clerk was administered on May 6, 2015. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Confidential Account Clerk 1 Kathryn Hoffmann 2 Sabrina Stricker 3 Emmanuel Morales 4 Paula Hardin 5 Elaine Huinker 6 Lori Brock 7 Wendy Smith 8 Jane Glennon 9 Sherry Driscoll 10 Julie Husemann 11 Julie Roling 12 Sarah Pfab 13 JoAnn Blakeman 14 Ann Kurt 15 Christine Selchertl 16 Ellen Ernst 17 Emily Stecher 18 Dawn Weber 19 Carla Pfab 20 Joshua Saul 21 Bradley Huekels 22 Thomas Jarrard 23 Kelly Begle 24 Sara Luchtenburg 25 Carrie Schreyer 26 Matthew Miller 27 Yvette Bahena 28 Brian Gomoll 29 Joyce Hancock 30 Elizabeth Oberhoffer 31 Tara Welty 32 Lowell Davis 33 Kristen Laughlin Respectfully submitted, /s/Dan White, Chairman Civil Service Commission May 20, 2015 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Police Officer was administered on March 21, 2015. We hereby certify that the indi- viduals listed below have passed this written examination and the vacancy for this posi- tion should be made from this list and that this list is good until April 30, 2016. Police Officer 1 Chad Crabill 2 Sade Pointer 3 Thomas Warner 4 Bradley Reed 5 Jeffrey Schmidt 6 Samuel White 7 Gabriel Kalkbrenner 8 Ian Compton 9 Schaun Juchter 10 Matthew Small 11 Taylor Amlin 12 Jennifer Schindler 13 Colton Fields 14 Evan Smith 15 Paul Curl 16 Dixiana Cruz 17 Kenneth Voorhees 18 Logan Boltz 19 Stephanie Tranmer 20 Erick Merfeld 21 Christopher DeWitte 22 Joseph Valenti 23 Jwan Brookins 24 Ryan Sheley 25 Joseph Fleckenstein 26 Courtney Dalton 27 Patrick Helbing 28 Jason Goerdt 29 Nicholas Rollins! 30 Kurt Runde 31 Riley Reeves 32 Dustin Mooty 33 Kyle Huseman 34 Todd Sines Respectfully Submitted, /s/Daniel White, Chairperson Civil Service Commission 15. Signed Contracts: Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Waste Delivery Contract 2015-2018; Dubuque Water Sports Club Lease Agreement 2015-2016; Area Residential Care, Inc., Vocational Services Agreement 2015; Choo Choo Charlie's Pool Concession Agreement 2015. Upon motion the documents were received and filed. 16. Improvement Contracts / Performance, Payment and Maintenance Bonds: Top Grade Excavating for the Catfish Creek (Middle Fork) Sanitary Sewer Emergency Re- pair Project; Drew Cook & Son's Excavating for Storm Sewer Extension 810-1015 Ce- dar Cross Road; Portzen Construction for the Upper Bee Branch Creek Channel, Streets & Utilities Project. Upon motion the documents were received, filed and ap- proved. 17. Alcohol Compliance Civil Penalty for Alcohol License Holder — The Lift: City Man- ager recommending approval of the Acknowledgment/Settlement Agreement for an al- cohol compliance violation for The Lift, 180 Main Street. Upon motion the documents were received, filed and approved. 18. Alcohol and Tobacco License Renewal Applications: City Manager recommend- ing approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed and Resolution No. 187-15 Ap- proving applications for beer, liquor, and/or wine permits, as required by City of Dubu- que Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 188- 15 Approving applications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 187-15 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: Dubuque Bowling Lanes 1029 1/2 Main St. Class C Liquor (Sunday) Kwik Star #236 2035 JFK Rd. Class C Beer, Class B Native Wine (Sunday) Pioneers Rest Stop 4900 Old Highway Rd. Class C Beer (Sunday) Walgreens #11942 345 E 20th St Class E Liquor, Class B Wine, Class C Beer (Sunday) Passed, approved and adopted this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 188-15 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Beecher Co. Inc. Bunker Hill Golf Course Casey's General Store #2420 Casey's General Store #2421 Dave's Downtown Conoco, Inc. Diamond Jo Casino Dollar General #10074 Dollar General #6896 Dollar General #7289 Dubuque Mining Co. Eagle Country Market Family Dollar Store of Iowa #1599 Family Mart Inc. Fareway Stores #114 Hammerheads Bar and Billiards Hometown Cash Advance Hy -Vee C Store #1 Hy -Vee Food Store #3 Hy -Vee Food Store #1 Hy -Vee Food Store #2 Hy -Vee Gas #2 Hy -Vee Gas #3 Hy -Vee Wine & Spirits #1 Iowa Street Market Kmart #4018 Kwik Star #236 Kwik Star #495 Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Kwik Stop Lucky 13 McCann's Service Inc. Midwest Vapors Monks Kaffee Pub Moondog Music Mystique Casino 1691 Asbury Rd. 2200 Bunker Hill Rd. 2699 Rockdale 4003 Peru Rd. 500 Locust St. 301 Bell St. 2400 Gateway Dr. 605 West Locust St. 3250 Kennedy Cir Ste 9 555 JFK Rd. 1800 Elm St 2013 Central Ave #4 3201 Central 2050 JFK Blvd 2095 Kerper Blvd. Suite #2 3416 Pennsylvania Ave #4 3270 Dodge St 400 S. Locust St. 3500 Dodge St. 2395 NW Arterial 2435 NW Arterial 300 S. Locust St 3500 Dodge St. 1256 Iowa St 2600 Dodge St. 2035 John F. Kennedy Rd. 2685 Dodge St. 1210 E. 16th St. 1215 East 16th Street 2150 Twin Valley Dr. 2335 University Ave 4039 Pennsylvania 2320 HWY 61 2390 Central Ave 2255 Kerper Blvd. 1200 Cedar Cross Rd. 385 East 13th St. 690 West Locust St 2600 Dodge St. Suite C3 373 Bluff St. 806 Wacker Dr. #120 1855 Greyhound Park Dr. Oky Doky #8 Phillips 66/Arby's Pioneer's Rest Stop Plaza 20 BP/Amoco Port of Dubuque Marina Road Ranger #5159 Ron's 5 Point Mart Ron's Discount Smokes and Beverage Center Ron's Discount Smokes and Beverage Center Spencer Gifts, LLC Super Stop 111 The Great Vape The Konnexion Tobacco Outlet Plus #504 Vapor City Outlet Walgreens #11942 Walgreens #6154 Walgreens #9708 Walnut Tap Passed, approved and adopted this 1st day of Attest: Kevin S. Firnstahl, City Clerk 535 Hill St. 10 South Main St 4900 Old Hwy Rd. 2600 Dodge St. 450 East Third St. 2175 Central Ave 405 Rhomberg Ave 3300 Asbury Rd. 1450 Loras Blvd. 555 John F. Kennedy Rd. 1101 Rhomberg Ave 3250 Central 1099 University Ave 806 Wacker Dr. Suite 140 3330 Asbury Rd. 345 East 20th St. 2260 JFK Rd. 55 JFK Rd. 709 University Ave June, 2015. Roy D. Buol, Mayor ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 6-0. 1. SRF Green Alley Project Bid Set 2 - Year 3: City Manager recommending prelimi- nary approval of the Resolution of Necessity and Preliminary Schedule of Assessments, set July 6, 2015 as the date for public hearing and authorize the City Clerk to advertise for bid proposals on the SRF Green Alley Bid Set 2 — Year 3 Project. Upon motion the documents were received and filed and Resolution No. 189-15 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 ordering the adver- tisement for bids; Resolution No. 190-15 Approving the Plats, Schedule of Assessments and estimate of total cost for the SRF Green Alley Bid Set 2 - Year 3 Project; Resolution No. 191-15 Resolution of Necessity for the SRF Green Alley Bid Set 2 - Year 3 Project; and Resolution No. 192-15 Fixing date of public hearing on Resolution of Necessity was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 6, 2015 in the Historic Federal Building. RESOLUTION NO. 189-15 SRF GREEN ALLEY BID SET 2 YEAR 3 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: The proposed plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 2 — Year 3 Project in the estimated amount $1,851,300.00, are hereby preliminarily 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 July, 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 contract and es- timated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The SRF Green Alley Bid Set 2 —Year 3 Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 9th day of July, 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 July, 2015, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 190-15 APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 2 - YEAR 3 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plats, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 2 — Year 3 Project are hereby approved. Passed, approved and adopted this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 191-15 RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 2 - YEAR 3 PROJECT Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 2 — Year 3 Project have been duly prepared and ap- proved by the City Council of the City of Dubuque and ordered placed on file in the of- fice of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The SRF Green Alley Bid Set 2 - Year 3 Project will provide: Reconstruction of Nine (9) alleys using interlocking concrete pavers Removal of the existing alley pavement Excavation of the subgrade to allow the placement of clean washed stone for a stor- age medium Installation of a concrete border for the brick pavers Installation of concrete headers at the alley intersection with the intersecting streets. Reconstruction of the pavement surface with interlocking concrete pavers Lining of the sanitary sewer main in seven alleys Inspection of sanitary sewer laterals in seven alleys Replacement of water main valves and hydrants Replacement of lead water services with copper water services in seven alleys There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The City Council will hear from property owners subject to the assessment and inter- ested parties for or against the improvement, its cost, the assessment, or the bounda- ries of the district at a regular session to be held on July 6, 2015 at 6:30 p.m. in the His- toric Federal Building Council Chambers (second floor), 350 W. 6th Street, Dubuque, Iowa: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearing on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special as- sessment procedure. Said improvements shall be constructed in accordance with the plans and specifica- tions which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 192-15 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, preliminary schedule of assessments, and estimated total cost for the SRF Green Alley Bid Set 2 — Year 3 Project and ordered the plat, schedule of assess- ments, and estimate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Necessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council will meet on the 6th day of July, 2015, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Io- wa. at which time the owners of property subject to assessment for the proposed im- provement or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause a notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published once each week for two consecutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Passed, adopted and approved this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Lowell Street Water Main, Sanitary and Storm Sewer Improvements: City Manager recommending preliminary approval to the Resolution of Necessity, set June 15, 2015 as the date for public hearing and authorize the City Clerk to advertise for bid proposals on the Lowell Street (Abbott to Woodworth) Water Main, Sanitary and Storm Sewer Im- provements Project 2015. Upon motion the documents were received and filed and Resolution No. 193-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of con- tract, and estimated cost; and ordering the advertisement for bids (Lowell Street (Abbott to Woodworth) Water Main, Sanitary & Storm Sewer Improvements Project 2015) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 15, 2015 in the Historic Federal Building. RESOLUTION NO. 193-15 LOWELL STREET (ABBOTT TO WOODWORTH) WATER MAIN, SANITARY & STORM SEWER IMPROVEMENTS PROJECT 2015 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: The proposed plans, specifications, form of contract and estimated cost for the Lowell Street (Abbott to Woodworth) Water Main, Sanitary & Storm Sewer Improvements Pro- ject 2015, in the estimated amount $223,920.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 15th day of June, 2015, at 6:30 p.m. in the Histor- ic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Lowell Street (Abbott to Woodworth) Water Main, Sanitary & Storm Sewer Improvements Project 2015 is hereby ordered to be advertised for bids for con- struction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 18th day of June, 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 6th day of July, 2015, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS 1. Arts and Cultural Affairs Advisory Commission: Three, 3 -year terms through June 30, 2018 (Expired terms of Henkels - Business Professional in the Cultural and Enter- tainment District; Siegert - Business Professional Outside the Cultural and Entertain- ment District and Steffen — At Large). Applicants: Bibi Burke, 1155 Arrowhead Dr. (Qualifies for At -Large); Ellen T. Henkels, 890 W. 3rd St (Qualifies for Business Profes- sional In the Cultural and Entertainment District or At -Large); Lisa Towers pulled her application from consideration. Ms. Henkels and Ms. Burke spoke in support of their re- spective appointments. 2. Cable TV Commission: Three 3 -year terms through July 1, 2018 (Expired terms of McMullen, Tigges, and Vincent). Applicants: Kathleen McMullen, 1308 Curtis St.; Jen- nifer Tigges, 4927 Wild Flower Dr.; Alan Vincent, 1010 Dunham Dr. 3. Civic Center Advisory Commission: Two 3 -year terms through June 29, 2018 (Ex- pired terms of Daugherty and Parks). Applicants: Tyler Daugherty, 418 Emmett St.; Bryce Parks, 2005 N. Main St. 4. Community Development Advisory Commission: Commission requesting Robert Block II be appointed to the vacant term of Kelley which has a low- to moderate -income residency requirement thus allowing his current At -Large term to be filled. One 3 -year term through February 15, 2017 (Vacant term of Michalski) LMI Required. Applicant: Robert Block II, 2447 University (Qualifies for LMI); One 3 -year term through February 15, 2017 (Vacant term of Block), At -Large Applicants: Reverend Lindsay James, 2494 Pearl St. (Qualifies for At -Large); Adrienne Scott, 1365 Solon St. (Qualifies for At - Large); 5. Historic Preservation Commission: Two 3 -year terms through July 1, 2018 (Expired terms of Schlarman - Cathedral District and Bichell - At -Large). Applicants: Lisa Law- son, 205 Bluff St. (Qualifies for Cathedral District and At -Large); John McAndrews, 350 West 1st St. (Qualifies for Cathedral District and At -Large). Mr. McAndrews spoke in support of his appointment. 6. Human Rights Commission: One 3 -year term through January 1, 2017 (Vacant term of Nutter). Applicants: Tanya Engling, 2899 Windsor Ave.; Reverend Lindsay James, 2494 Pearl St.; R.R.S. Stewart, 460 Summit St. 7. Investment Oversight Advisory Commission: Two 3 -year terms through July 1, 2018 (Expired terms of Chalmers and Ferraro) Applicants: Brad Chalmers, 1095 W. 3rd St.; Rachael Ferraro, 2538 Jackson St. Ms. Ferraro spoke in support of her appoint- ment. 8. Library Board of Trustees (Mayor appointment): Two 4 -year terms through July 1, 2019 (Expired term of Boice and Weiss). Applicants: Jenny Weiss, 2206 Simpson St. Ms. Weiss spoke in support of her appointment. Daniel Boice removed his application from consideration. 9. Long Range Planning Advisory Commission: Two 3 -year terms through July 1, 2018 (Expired terms of Darter and Pregler). Applicants: Chad Darter, 2245 Matthew John Dr.; John Pregler, 1525 Pego Ct.; Mark Ward, 2758 Tiffany Ct. 10. Parks and Recreation Advisory Commission: One 3 -year term through June 30, 2018 (Expired term of Blocker). Applicants: Robert Blocker, 880 Kane St.; Jennifer Tigges, 4927 Wild Flower Dr. 11. Zoning Advisory Commission: Two 3 -year terms through July 1, 2018 (Expired terms of Hardie and Roussell). Applicants: Stephen Hardie, 62 Fremont Ave.; Justin McCarthy, 315 River Ridge St.; Laura Roussell, 3224 Bittersweet Ln.; R.R.S. Stewart, 460 Summit St. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. 1. Sale of Property at 1513 Washington Street: Proof of publication on notice of pub- lic hearing to approve the disposal of City -owned property located at 1513 Washington Street to Community Housing Initiatives, Inc. (CHI), Restrictive Covenant and Special Warranty Deed, and the City Manager recommending approval. Motion by Lynch to re- ceive and file the documents and adopt Resolution No. 194-15 Approving the sale of real estate located at 1513 Washington Street by Deed to Community Housing Initia- tives, in the City of Dubuque, Iowa. Seconded by Jones. Housing and Community De- velopment Director Alvin Nash addressed questions from the City Council regarding the amount credited to the City by CHI, the restrictive covenant and income assistance. Mo- tion carried 6-0. RESOLUTION NO. 194-15 APPROVING THE SALE OF REAL ESTATE LOCATED AT 1513 WASHINGTON STREET BY DEED TO COMMUNITY HOUSING INITIATIVES, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque, Iowa (City) is the owner of real property at 1513 Washington Street legally described as The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of Dubu- que, Iowa, according to the recorded plat thereof, as granted by Deed Record K, page 619, records of Dubuque County, Iowa; and Whereas, City acquired the property for the purpose of its restoration and re -sale for owner -occupied housing in the Washington Neighborhood; and Whereas, the City and Community Housing Initiatives (CHI) have entered into an Agreement pursuant to which City will convey the Property to CHI and CHI will rehabili- tate the Property consistent with the Washington Neighborhood Revitalization Strategy as approved by the City Council; and Whereas, on June 1, 2015, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the disposition of the City's interest in the following legally described property: The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of Dubu- que, Iowa, according to the recorded plat thereof, as granted by Deed Record K, page 619, records of Dubuque County, Iowa Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Special Warranty Deed conveying the City's interests to Community Housing Initia- tives for the herein -described real estate. Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy of this Resolution to the Housing & Community Development Department for re- cording in the Office of the Dubuque County Recorder. Passed, approved and adopted this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Sale of Property at 1598 Washington Street: Proof of publication on notice of pub- lic hearing to approve disposal of City -owned property located at 1598 Washington Street to Community Initiatives, Inc., (CHI), Restrictive Covenant and Special Warranty Deed, and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 195-15 Ratifying the conveyance of property by Deed to Community Housing Initiatives for 1598 Washington Street. Se- conded by Lynch. Housing and Community Development Director Alvin Nash ad- dressed questions from the City Council regarding the use of TIF and information on the use of restrictive covenants in other cities and the inappropriate use of such properties. Motion carried 6-0. RESOLUTION NO. 195-15 RATIFYING THE CONVEYANCE OF PROPERTY BY DEED TO COMMUNITY HOUS- ING INITIATIVES FOR 1598 WASHINGTON STREET Whereas, the City of Dubuque, Iowa (City) was the owner of real property at 1598 Washington Street legally described as Lot 2 of Lot 1 of Lot 112 in East Dubuque, an Addition in the City of Dubuque, Iowa, according to recorded plat thereof subject to right to use gas mains in Lot 1 of Lot 112, as granted in Warranty Deed, Book 112TL, page 283, records of Dubuque County, Iowa; and Whereas, City acquired the property for the purpose of its restoration and re -sale for owner -occupied housing in the Washington Neighborhood; and Whereas, City and Community Housing Initiatives (CHI) entered into an Agreement pursuant to which City will convey the Property to CHI and CHI will rehabilitate the property consistent with the Washington Neighborhood Revitalization Strategy as ap- proved by the City Council; and Whereas, City conveyed the property by deed to CHI inadvertently without the nec- essary public hearing; and Whereas, on June 1, 2015, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to dispose of its interest in the Property by deed to CHI and to ratify the conveyance of the Property by deed previously delivered to CHI. 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 hereby disposes of the City's in- terest in the Property and ratifies the conveyance of the Property by deed given to CHI for the City's interest in the following legally described property: Lot 2 of Lot 1 of Lot 112 in East Dubuque, an Addition in the City of Dubuque, Iowa, according to recorded plat thereof subject to right to use gas mains in Lot 1 of Lot 112, as granted in Warranty Deed, Book 112TL, page 283, records of Dubuque County, Iowa Section 2. The Mayor is hereby authorized and directed to sign this Resolution ratify- ing the conveyance of the City's interest by deed to Community Housing Initiatives for the herein -described real estate. Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy of this Resolution to the Housing & Community Development Department for re- cording in the Office of the Dubuque County Recorder. Passed, approved and adopted this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Sale of Property at 1421 Elm Street: Proof of publication on notice of public hear- ing to approve the disposal of City -owned property located at 1421 Elm Street to Jacob G. Robertson, Purchase Agreement, Restrictive Covenant and Special Warranty Deed, and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 196-15 Disposing of City interest in real property located at 1421 Elm Street, in the City of Dubuque, Iowa. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 196-15 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 1421 ELM STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 168-15, dated May 18, 2015, declared its intent to dispose of City interest in real property located at 1421 Elm Street, legally described as: LOT 1 OF ANGIE'S PLACE, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF — 1421 ELM STREET (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on June 1, 2015, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agreement for the sale to Jacob G. Robertson according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The purchase agreement by and between the City of Dubuque and Jacob G. Robertson for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed, conveying the City's interest in the Property to Jacob G. Robertson. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with a certified copy of the Resolution. Passed, approved, and adopted this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Dubuque Industrial Center Urban Renewal Plan Amendment: Proof of publication on notice of public hearing to consider approval of an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 197-15 Approving the Amended and Restated Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 197-15 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT Whereas, by Resolution 131-15 on April 20, 2015 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renew- al Plan for the Dubuque Industrial Center Economic Development District (the "District"); and Whereas, the Amended and Restated Urban Renewal Plan for the District dated June 1, 2015 is on file in the City Clerk's Office; and Whereas, the City of Dubuque's primary objective for the Amended and Restated Ur- ban Renewal Plan for the District is to provide opportunities which will further economic development purposes and objectives as described in the Urban Renewal Plan; and Whereas, the City Council finds that certain areas adjacent to the District as shown on the Amended and Restated Urban Renewal Plan for the District meet the definition of an economic development area in Chapter 403 of the Iowa Code and should be in- cluded in the District; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the Amended and Restated Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque In- dustrial Center Economic Development District is hereby approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson provided a verbal update on the activities of the Greater Dubuque Development Corporation. Topics included increased job growth; decreased unem- ployment; potential opportunities from the recent delegation visit to Dubuque's Sister City of Handan, China; significant anniversaries of staff employment. Responding to questions from the City Council, Mr. Dickinson recent information regarding IBM. Motion by Lynch to receive and file the information. Seconded by Connors. Motion carried 6-0. 2. SRF Green Alley Project Bid Set 1 Year 3 — Award: City Manager recommending award of the construction contract to the low bidder, Portzen Construction, for the SRF Green Alley Project Bid Set 1 Year 3. Motion by Jones to receive and file the documents and adopt Resolution No. 198-15 Awarding public improvement contract for the SRF Green Alley Bid Set 1 - Year 3 Project. Seconded by Connors. The City Manager ad- dress questions from the City Council regarding the effect of fewer bids and bid in- creases on the total project budget by stating that the City will continue to reconstruct as many alleys as the grant will support. Motion carried 6-0. RESOLUTION NO. 198-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY BID SET 1 — YEAR 3 PROJECT Whereas, sealed proposals have been submitted by contractors for the SRF Green Alley Bid Set 1 — Year 3 Project (the Project) pursuant to Resolution No. 127-15 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 24th day of April, 2015. Whereas, said sealed proposals were opened and read on the 21st day of May, 2015, and it has been determined that Portzen Construction of Dubuque, Iowa, with a bid in the amount of $1,241,829.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Construction 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 1st day of June, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Code of Ordinances Amendment - Title 16 Public Drinking Water Well and Non - Public (Geothermal) Well: City Manager recommending approval of amendments to the current City Public Water Well Ordinance and the establishment of a new section of the ordinance as it relates to Non -Public Water Supply Wells. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 37-15 Amending the City of Dubuque Code of Ordinances by Deleting Section 16-11-20: Wa- ter Supply and Adopting the Following New Section 16-11-20: Water; Section 16-11-20- 1:Definitions; Section 16-11-20-2: Water Supply; Section 16-11-20-3: Geothermal Well Standards; and Section 16-11-20-4: Water Well Supply System. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 37-15 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY DELETING SECTION 16-11-20: WATER SUPPLY AND ADOPTING THE FOLLOWING NEW SECTION 16-11-20: WATER; SECTION 16-11-20-1:DEFINITIONS; SECTION 16-11- 20-2: WATER SUPPLY; SECTION 16-11-20-3: GEOTHERMAL WELL STANDARDS; AND SECTION 16-11-20-4: WATER WELL SUPPLY SYSTEM NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 16-11-20 is hereby amended to read as follows: 16-11-20: WATER: 16-11-20-1: DEFINITIONS: Annular Space: The space between the casing or well screen and the wall of the borehole or between drilling pipe and casing or between two separate strings of casing. AQUIFER: A subsurface water -bearing layer of soil, sand, gravel or rock that will yield usable quantities of water to a well. BOREHOLE: A hole drilled or bored into the earth, usually for exploratory or econom- ic purposes; a hole into which casing, screen and other materials may be installed to construct a well. CASING: An impervious, durable pipe placed in a borehole to prevent the walls of the borehole from caving, and to seal off surface drainage or undesirable water, gas or oth- er fluids and prevent entrance into a well. DRINKING WATER: Water which is intended for human consumption and other do- mestic uses, and is considered to be free of harmful chemicals and disease -causing mi- croorganisms. GEOTHERMAL BOREHOLE: A hole drilled or bored into the earth into which piping is inserted for use in a geothermal system. GEOTHERMAL SYSTEM: A mechanism for heat transfer by fluid to air processes and heat transfer by fluid to fluid processes which consists of the following basic ele- ments: Underground loops of piping; heat transfer fluid; a heat pump OPEN LOOP GEOTHERMAL SYSTEM: Ground water is pumped from a water well into a heat exchanger located in a surface building and is then pumped back into the aquifer through a different well, the same well, or to the surface of the ground or to a surface body of water, also known as pump and dump. CLOSED VERTICAL LOOP OR HORIZONTAL GEOTHERMAL SYSTEM: A bore- hole extends beneath the surface. Pipes are installed with U-bends at the bottom or at the end of the boreholes. The pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes. GROUND WATER: Water beneath the earth's surface, that occurs between saturat- ed soil and rock that supplies wells and springs. GROUT: A low permeability material that is emplaced in the space between the wall of the borehole and the casing of a well and, or, emplaced on the wall of the borehole. Grout shall consist of materials designed to adequately seal the annular space like neat cement, high solids bentonite slurry, or hydrated bentonite chips. HEAT EXCHANGER: A device usually made of coils of pipe that transfers heat from one medium to another; for example, from water to air or water to water. HEAT TRANSFER FLUID: Any liquid used specifically for the purpose of transferring thermal energy from the heat source to another location. LOW PERMEABILITY MATERIAL: A geological unit of unconsolidated material (usu- ally clay or till) or bedrock (usually shale) that is all or partially saturated, and having permeability low enough (10-7 cm/sec) to give water in the aquifer artesian head and/or provide protections to aquifers from activities taking place at the ground surface or with- in the geologic unit directly above the low permeability material. MAJOR GEOTHERMAL SYSTEM: A horizontal or vertical closed loop system that is located more than 20 feet below the ground surface. MINOR GEOTHERMAL SYSTEM: A horizontal closed loop system that is placed at or less than 20 feet below the ground surface. PERMEABILITY: The propensity of a material to allow fluid to move through its pores or interstices. SEPARATION/ISOLATION DISTANCES: The distance of a source of contamination from a surface drinking water source, a ground water source supply well, or any type of borehole that is identified and/or regulated by the Iowa Department of Natural Re- sources. SURFACE WATER: Water located on the surface of the Earth in water bodies such as lakes, rivers, streams, ponds and reservoirs. TREMIE: A tubing string (typically about 1 to 3 inches in diameter) that is temporarily installed into the borehole during well construction. The tremie pipe is used for installing annular material such as filter pack sand and grout. WATER SUPPLY WELL: A well-used by public water systems, or non-public use, for extracting ground water for human consumption. WELL: Any excavation that is drilled, cored, driven, dug, bored, augured, jetted, washed or is otherwise constructed for the purpose of exploring for ground water, moni- toring ground water, utilizing the geothermal properties of the ground, or extracting wa- ter from or injecting water into the aquifer. "Well" does not include an open ditch, drain tiles, an excavation made for obtaining or prospecting for oil, drain tiles, natural gas, minerals, or products mined or quarried, lateral geothermal heat exchange systems nor temporary dewatering wells such as those used during the construction of subsurface facilities only for the duration of the construction. 16-11-20-2: WATER SUPPLY: A. All water supply installations for major and minor subdivisions in the city limits shall be properly connected with an approved and functioning public water supply system. B. If a public water supply system is to be provided to the area within a three (3) year period as indicated in the comprehensive plan, the city council may require installation of a capped system within the street or road right of way; or the city council may require a payment in lieu of the improvement. C. All proposals for new public water supply systems or extensions to existing public water systems, or the use of wells and other water sources, shall be approved by the City Manager. D. The water supply system shall be adequate to handle the necessary flow based on complete development of the subdivision and extensions of the system to areas be- yond the subdivision. Water supply system design and placement shall comply with the city standards. E. Fire hydrant size, type, location and installation shall comply with the minimum city standards. 16-11-20-3: GEOTHERMAL WELL STANDARDS: A. PURPOSE: It is the purpose of this section is to protect the health, safety and general welfare of the people of the City of Dubuque by ensuring that ground water will not be polluted or contaminated. Because of the serious potential of adverse environ- mental impacts, this section is intended to prohibit all open loop geothermal systems. This section allows for closed loop systems subject to the requirements contained in this section for the construction, reconstruction, repair and destruction of geothermal wells. The construction of geothermal wells must use construction standards designed to ade- quately protect the aquifers in each specific geologic setting encountered and in all oth- er criteria, comply with 567 Iowa Administrative Code Chapter 49. All well services must be performed with an Iowa Department of Natural Resources certified well contractor as required by 567 Iowa Administrative Code Chapter 82. The certified well contractor must be on-site and in direct control of all well services being performed. B. PERMIT REQUIRED: 1. Prior to the construction of any well, the well contractor must obtain a private water well construction permit from the Dubuque County Health Department and a permit from the Building Services Department, and where applicable, an Iowa Department of Natural Resources permit as required by 567 Iowa Administrative Code Chapter 50-52 and Iowa Code Chapter 455B, Division III, Part 4. 2. No person may dig, bore, drill, replace, modify, repair or destroy a geothermal well or any other excavation that may intersect ground water without first apply- ing for and receiving a permit from the Building Services Department. C. APPLICATION PROCEDURE: Applications for permits required by this section must be made on forms provided by the Building Services Department and must contain all such information as required on the form. The application must be submitted by the property owner, the owner's representative, or the well contractor and accompanied by the required filing fee. Minor closed loop systems may be authorized by the Building Of- ficial in consultation with the Water Department Manager and City Engineer. An applica- tion for a major geothermal system must include an environmental impact analysis pre- pared by an engineer licensed in the State of Iowa. Geothermal permits will be reviewed by the City Engineer and Building Official who will then make a recommendation to the City Manager. D. SITE PLAN REQUIREMENT: A site plan showing the generally proposed location, number of wells, location of loops, including description and MSDS sheets of the heat transfer fluid, must be submitted with the application. The plan must include the calcu- lated anticipated volume of grout that will be required. The plan must identify the heat transfer fluid including MSDS sheets. Heat transfer fluids that are toxic as identified by the International Plumbing Code under essentially toxic transfer fluids will not be ac- cepted, and fluids must comply with the 567 Iowa Administrative Code Section 49.29(5). Geothermal pipe loops must be of approved material for geothermal installation, must have a 50 year warranty against defect and workmanship, and must be installed with a tracer wire. A base map showing any known operating and/or non-operating mines is also required with the application. Base maps are available online by the City Engineer- ing Department and/or by the Iowa Department of Natural Resources geologists. Con- struction of a geothermal heat pump system (GHEX) within close proximity of mine shafts and mine workings has the potential of creating additional hazards to both the structural integrity of the GHEX system as well as increasing vulnerability to the shallow aquifer. E. LOCATION OF GEOTHERMAL SYSTEMS: The site plan must show the property boundaries and easements of record and must detail where the system is located on the property. Location of all loops must be within the property boundaries of the building lot and not encroach on any recorded easements. Major systems may not be located within one thousand feet (1,000 feet) of a current city well or water source. Minor sys- tems may not be located within two hundred (200) feet of a city deep (Jordan/Cambrian- Ordovician) well or within four hundred (400) feet of a city shallow (alluvial aquifer) well. No geothermal system is allowed to be constructed within a 500-foot radius of an identi- fied leaking underground storage tank (LUST) site. F. PERMIT FEE: A permit fee, established by the City Manager, must be submitted with any application required by this section. G. PERMIT SUSPENSION AND REVOCATION. The City Manager may suspend or revoke any permit issued pursuant to this section whenever the City Manager finds that the permittee has violated any of the provisions of this section or has misrepresented any material fact in the application or any supporting documents, or where the well or its use may pose a risk to groundwater quality, human health or the environment or should the system fail any of its mandated testing requirements. H. OPEN LOOP SYSTEMS PROHIBITED: Open loop systems are prohibited. I. TESTING OF SYSTEM: Geothermal piping systems must be tested as required by the Building Services Manager prior to operation of the system and every three (3) years thereafter. All geothermal systems must be pressure checked by a certified con- tractor not less than every three (3) years from the certification system date. Results of the tests must be submitted to the Building Services Department. J. ABANDONMENT OF GEOTHERMAL SYSTEMS: Abandonment of geothermal systems must be as required in 567 Iowa Administrative Code Section 49.28. The heat transfer fluid must be removed by a displacement with grout and the loop pipes properly capped or sealed by an approved method. The top of the borehole must also be uncov- ered and properly capped or sealed by an approved method. K. REGULATION CONFLICT: In the event any of the provisions of this section con- flict with any state or federal regulation, the state or federal regulation will control. L. COMPLIANCE: All procedures and methods for construction of geothermal wells must comply with the 567 Iowa Administrative Code Chapters 82 and 49 for non-public water supply wells and all applicable regulations of the United States Environmental Protection Agency. M. EXISTING SYSTEMS: Except for provisions in 16-11-20-3-B-2 regarding re- placement, modification, repair or destruction, this section does not apply to systems in existence on the date of the adoption of this ordinance. 16-11-20-4: WATER WELL SUPPLY SYSTEM: A. WELLS PROHIBITED: Except as provided in section 16-11-20-2-C and section 16-11-20-3-B, no person may construct a well within the corporate limits. B. EXCEPTIONS: 1. The Building Services Department may issue a permit upon such conditions and limitations as appropriate for the construction of a well installed for the pur- pose of groundwater monitoring and/or gauging and/or environmental investiga- tion (Investigative Well). 2. The City Manager may issue a Special Exception Permit for the construction of other types of wells if the City Manager determines in the City Manager's sole discretion that connection to the public water supply is not economically feasible. The City Manager is under no obligation to issue a special exception permit and the authority to grant a special exception permit includes the authority to place conditions on the installation, use, operation, and the abandonment of wells, as well as the authority to establish fees for the administration, oversight, and moni- toring as the City Manager deems appropriate. 3. If an Investigative Well or Special Exception Permit is issued, all well services must be performed with an Iowa Department of Natural Resources certified well contractor as required by 567 Iowa Administrative Code Chapter 82. The certified well contractor must be on-site and in direct control of all well services being per- formed. C. WELL PERMIT: 1. A Permit Application must be completed and where applicable, an Iowa De- partment of Natural Resources permit as required by 567 Iowa Administrative Code Chapter 50-52 and Iowa Code Chapter 45513, Division III Part 4, be sub- mitted to the Building Services Department or City Manager, as appropriate. The Application must contain a copy of an approved County Private Well Construction Permit. No well may be located within the influence of an existing or proposed city -owned well site as determined by the City Manager, nor be constructed with- in a 500 -foot radius of an identified leaking underground storage tank (LUST) site. 2. A permit fee, established by the City Manager, must be submitted with any ap- plication required by this section. D. EXISTING WELLS: The section does not apply to a private well in existence on the date of the adoption of this ordinance. The repair and modification of an existing well is also allowed, however, the capacity of an existing well may not be expanded and may be repaired and/or modified only upon receiving a permit from the Building Services Department. E. COMPLIANCE: All procedures and methods for the construction of a private well must comply with 567 Iowa Administrative Code Chapters 82 and 49 for water supplies, design, and operation and with all applicable regulations of the United States Environ- mental Protection Agency. F. CONNECTION TO PUBLIC WATER SUPPLY PROHIBITED: Wells may not be connected directly or indirectly to the public water supply. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 1st day of June, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of June, 2015. /s/Kevin S. Firnstahl, City Clerk 4. Code of Ordinances Amendment - Title 10 Park Rangers: City Manager recom- mending repeal of City Ordinance 10-5A-1 which requires a Park Ranger to be a certi- fied Law Enforcement Officer. Restated motion by Connors to receive and file the doc- uments and consider the first reading of a proposed ordinance amending City of Dubu- que Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Rec- reation, Article A Administration by repealing Section 10-5A-1 Park Rangers as park rangers are no longer Certified Law Enforcement Officers. Seconded by Lynch. Leisure Services Manager Marie Ware and Police Chief Mark Dalsing responded to questions from the City Council related to the perception of park rangers as law enforcement offic- ers, vehicle markings, and park coverage by both the Park Division and Police Depart- ment. Council weighed the option of a policy decision pending more information on the practices of other Iowa cities. Motion carried 5-1 with Sutton voting nay. 5. Code of Ordinances Amendment - Dubuque Industrial Center Economic Develop- ment District: City Manager recommending approval to amend the tax increment ordi- nance for the Dubuque Industrial Center Economic Development District allowing tax increment financing to be used in the new Subarea F of the District, the newly acquired Graf Farm. Motion by Connors to receive and file the documents and that the require- ment that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 39-15 Amending Ordinance No. 10-14, Previously Amended, Providing That General Property Taxes Levied and Collected Each Year On All Property Located Within the Amended and Restated Dubuque Industrial Center Economic Development District Urban Re- newal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the Benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and Other Taxing Districts, be Paid to a Special Fund for Payment of Principal and Interest on Loans, Monies Advanced to and Indebtedness, Including Bonds Issued or to be Issued, Incurred by Said City in Connection With the Amended and Restated Dubuque Industrial Center Economic Development District Urban Re- newal Redevelopment Project. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 39-15 AMENDING ORDINANCE NO. 10-14, PREVIOUSLY AMENDED, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE IN- DUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUD- ING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNEC- TION WITH THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT PROJECT Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industri- al Center Economic Development District Urban Renewal Project Area described in Resolution No. 130-88 was adopted on May 2, 1988 and was thereafter amended and restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution 171-13 on June 3, 2013 and Resolution No. 197-15 on June 1, 2015; and Whereas, the City Council of the City of Dubuque, Iowa originally provided for the di- vision of taxes pursuant to Section 403.19 of the Code of Iowa within the Dubuque In- dustrial Center Economic Development District Urban Renewal Project Area in Ordi- nance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, and by Ordinance No. 10-14 on February 3, 2014; and Whereas, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within the Amended and Restated Dubuque Industrial Center Economic Development District, and the continuing needs of redevelopment within the Amended and Restated Dubuque Industrial Center Economic Development District are such as to require the continued application of the incremental tax resources of the Amended and Restated Dubuque Industrial Center Economic Development District; and Whereas, the following enactment is necessary to accomplish the objectives de- scribed in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Ordinance Number 10-14 is hereby amended to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the follow- ing meanings: (a) Original Project Area shall mean that portion of the City of Dubuque, Iowa de- scribed in the Urban Renewal Plan for the Dubuque Industrial Center Economic Devel- opment District Urban Renewal Area approved by Resolution No. 130-88 on May 2, 1988, and subsequently amended by Resolution No. 484-90 on December 17, 1990, which Original Project Area includes the lots and parcels located within the area now legally described as follows: All of the Dubuque Industrial Center First, Second, Third, Fourth, Fifth, Sixth, Sev- enth, Eighth, Ninth, Tenth and Eleventh Additions and the adjoining public right-of-way, all in the City of Dubuque, Dubuque County, Iowa. The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan hereinafter described. (b) Subarea B shall mean that portion of the City of Dubuque, Iowa described as Subarea B in the Amended and Restated Urban Renewal Plan for the Dubuque Indus- trial Center Economic Development District Urban Renewal Area approved by Resolu- tion No. 478-97 on November 17, 1997, and subsequently amended by Resolution No. 15-08 on January 7, 2008, which Subarea B includes the lots and parcels located within the area legally described as follows: Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West; and Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Addition; and Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition; and Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque Industrial Center West 5th Addition; and Lots 1, 2, and A of Dubuque Industrial Center West 6th Addition; and Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Addition; and Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of 1 of the Southeast Quarter of the Southwest Quarter all in Section 30, Township 89 North, Range 2 East, 5th Principal Meridian; and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right-of-way lying in the SE 1/4 of Section 30, the SE 1/4 of the SW 1/4 of Section 30, the NW 1/4 of Section 31, and the NE 1/4 of Section 31 all in T89N, R2E, of the 5th P.M. Dubuque County, Iowa, the centerline of which is more particularly described as follows: beginning at a point of intersection with the easterly line of the SE 1/4 of Section 30, T89N, R2E, of the 5th P.M., thence southwesterly along the centerline of said railroad 2,700 feet, more or less a point of intersec- tion with the westerly line of the SE 1/4 of said Section 30; thence southwesterly continuing along said centerline 845 feet, more or less, to a point where the rail- road right-of-way widens to 200 feet, said point being the terminus of this de- scription; and all that part of a 100-foot-wide strip of the Chicago Central Pacific Railroad right- of-way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of the South- west Quarter in Section 29, Township 89 North, Range 2 East, 5th Principal Me- ridian; and any adjoining public street right-of-way all in the City of Dubuque, Dubuque County, Iowa. (c) Subarea C shall mean that portion of the City of Dubuque, Iowa described as Subarea C in the Amended and Restated Urban Renewal Plan for the Dubuque Indus- trial Center Economic Development District Urban Renewal Area approved by Resolu- tion No. 101-08 on March 17, 2008, which Subarea C includes the lots and parcels lo- cated within the area legally described as follows: Lot 1-1 NW 1/4-NE 1/4; Lot 2 of E 10 acres NE 1/4-NW 1/4; Lot 2-1 NW 1/4-NE 1/4; Lot 2 NW 1/4-NE 1 /4; Lot 1 E 1/4 NE 1/4-NW 1/4; W 3/4 NE 1/4-NW 1/4; Lot 2-1 SE 1/4-NW 1/4; Lot 1-1 SE 1/4-NW 1/4; and the SW 1/4-NE 1/4 all in Section 30, Township 89 North, Range 2 East, 5th Principal Meridian; and any adjoining public street right-of-way in the City of Dubuque, Dubuque County. (d) Subarea D shall mean that portion of the City of Dubuque, Iowa described as Subarea D in the Amended and Restated Urban Renewal Plan for the Dubuque Indus- trial Center Economic Development District Urban Renewal Area approved by Resolu- tion No. 109-08 on April 7, 2008, which Subarea D includes the lots and parcels located within the area legally described as follows: Lot 4 of Dubuque Industrial Center West 5th Addition, and Lot B of Dubuque In- dustrial Center West 5th Addition in the City of Dubuque, Iowa. (e) Subarea E shall mean that portion of the City of Dubuque, Iowa described as Subarea E in the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Urban Renewal Area ap- proved by Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and parcels located within the area legally described as follows: All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1, including any adjoining public street right-of-way to said lots, all in the City of Dubuque, Dubu- que County, Iowa, and; All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Industrial Center West 2nd Addi- tion in the City of Dubuque, Dubuque County, Iowa, including crossings at the intersec- tions of Old Highway Road and Chicago Central & Pacific Railroad rights-of-way. (f) Subarea F shall mean that portion of the City of Dubuque, Iowa, and Dubuque County described as Subarea F in the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District Urban Renewal Area approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes the lots and parcels located within the area legally described as follows: 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, Sec- tion 25, Township 89 North , Range 1 East of the 5th Principal Meridian, in Cen- ter Township , Dubuque County , Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, 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 (g) Amended Project Area shall mean that portion of the City of Dubuque, Iowa and Dubuque County included within the Original Project Area, Subarea B, Subarea C, Subarea D, Subarea E, and Subarea F, each as described in this Section. (h) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal Plan adopted for the Amended Project Area by Resolution No. 197-15 on June 1, 2015, and any subsequent amendments that may occur. Section 2: The taxes levied on the taxable property in the Amended Project Area, and each subarea thereof, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Project Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing dis- tricts taxing property in the Original Project Area upon the total sum of the assessed value of the taxable property in the Original Project Area as shown on the assessment roll as of January 1, 1987, being the first day of the calendar year preceding the effec- tive date of Ordinance No. 26-88, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such Subarea. As to Subarea B, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 1996, being the as- sessment roll applicable to property in such Subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 66-97. As to Subarea C, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08. As to Subarea D, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2007, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 70-08. As to Subarea E, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2013, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of Ordinance No. 10-14. As to Subarea F, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2014, being the as- sessment roll applicable to property in such subarea as of January 1 of the calendar year preceding the effective date of this Ordinance. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended Project Area, determined for each sub-area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Dubuque to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, as- sumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or re- finance, in whole or in part, urban renewal projects undertaken within the Amended Pro- ject Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and interest of each taxing district, and taxes imposed under Section 346.77 (22) related to joint county-city buildings, shall be collected against all taxable property within the Amended Project Ar- ea without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the subareas of the Amended Project Area exceeds the total assessed value of the taxable property in said subareas shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amend- ed Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to continue the division of taxes from taxable property in the Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 10-14, and to fully implement the division of taxes in Sub- area F of the Amended Project Area. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or applica- tion of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the subareas contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and pub- lication as provided by law. Passed and approved this 1st day of June, 2015. Roy Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Code of Ordinances Amendment - Title 16 Historic Preservation Commission: City Manager recommending approval of an ordinance to amend Title 16, Chapter 10 which establishes the Historic Preservation Commission and provides for the powers, opera- tion, membership, meetings, applications and procedures. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 40-15 Amend- ing City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 10 Historic Preservation Commission Applications and Procedures by establishing the Historic Preservation Commission and Providing for the Powers, Operation, Member- ship, Meetings, and Applications and Procedures. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 40-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION AP- PLICATIONS AND PROCEDURES BY ESTABLISHING THE HISTORIC PRESERVA- TION COMMISSION AND PROVIDING FOR THE POWERS, OPERATION, MEM- BERSHIP, MEETINGS, AND APPLICATIONS AND PROCEDURES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 16, Chapter 10 of the City of Dubuque Code of Ordinances is hereby amended as follows: Chapter 10 HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCEDURES 16-10-1: HISTORIC PRESERVATION COMMISSION: A. Commission Created: There is hereby created the Historic Preservation Commis- sion. B. Purpose: The purpose of the commission is to: 1. Promote the educational, cultural, economic, and general welfare of the public through the protection, enhancement, and perpetuation of districts, individually designated historic properties, landmarks, and landmark sites of prehistoric, his- toric, architectural, archeological, and cultural significance; 2. Safeguard the city's prehistoric, historic, aesthetic, architectural, archeological and cultural heritage by preserving historic properties, districts, landmarks, and landmark sites of historical, architectural, and cultural significance; 3. Stabilize and improve property values; 4. Foster civil pride in the legacy of beauty and achievements of the past; 5. Protect and enhance the city's attractions to tourists and visitors and the sup- port and stimulus to business thereby provided; 6. Strengthen the economy of the city; and 7. Promote the use of properties, districts, landmarks, and landmark sites of pre- historic, historic, architectural, archeological, and cultural significance as sites for the education, pleasure, and welfare of the people of the city. C. Internal Organization And Rules: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in con- flict with this Code of Ordinances or the Iowa Code. D. Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the commission in all its operations. E. Membership: 1. The Commission comprises nine (9) residents of the city, appointed by the city council. 2. Age Requirement. Residents must be eighteen (18) years of age or older. 3. Special Qualifications. a. One (1) resident from each designated historic preservation district, in- cluding historic districts hereinafter established. b. Four (4) at -large members. c. Each member must possess qualifications evidencing expertise or in- terest in architecture, history, archeology, law, construction, building reha- bilitation, city planning, or conservation in general. d. One (1) member must be a licensed architect. 4. Membership on the commission must comply with the provisions of Iowa Code §69.16A, relating to gender balance, and Iowa Code §303.34, subsection 3, re- lating to establishment of a commission to deal with matters involving areas of historical significance. F. Oath: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the appoint- ment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. G. Terms: The term of office for a commissioner is three (3) years or until such com- missioner's successor is appointed and qualified. H. Vacancies: Vacancies must be filled in the same manner as original appointments. In the event that a vacancy occurs in a seat which requires that the appointee be a resi- dent of a historic preservation district and for which there is no application from a quali- fied resident, the city council must appoint a tenth commissioner, which appointment is temporary, and upon appointment of a qualified resident to the vacancy, the temporary appointment terminates. I. Officers/Organization: The commissioners must elect from its membership a chair- person and vice chairperson, whose terms of office are fixed by bylaws adopted by the commission. The chairperson presides over the meetings of the commission and has the right to vote. The vice chairperson, in cases of absence or disability of the chairper- son, may perform the duties of the chairperson. The city manager must designate a city employee to serve as secretary to the commission. The secretary must keep a record of all resolutions, proceedings, and actions of the commission. J. Meetings: 1. Regular Meetings. The commission must meet at least three (3) times in a cal- endar year to maintain Certified Local Government status. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. 3. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance. a. In the event a commissioner has been absent for three (3) or more con- secutive meetings of the commission, without being excused by the chair- person, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes. A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. 6. Quorum. Five (5) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city administrative policies and budget. L. Removal: The city council may remove any commissioner for cause upon written charges and after a public hearing. M. Powers: The commission has the following powers, duties, and responsibilities: 1. To promote and conduct educational and interpretive programs on historic properties within its jurisdiction. 2. To develop and adopt specific standards for review and design guidelines, in addition to those set forth in section 16-10-7 of this chapter, for the alteration of landmarks, landmark sites, individually designated historic properties and proper- ty and structures within historic districts. 3. To adopt its own bylaws. 4. To identify, evaluate, register, manage and protect significant prehistoric and historic archeological sites. 5. To conduct an ongoing survey to identify historically, archaeologically and ar- chitecturally significant properties, structures and areas that exemplify the cultur- al, social, economic, political, archeological or architectural history of the nation, state or city. 6. To research and recommend to the city council the adoption of ordinances designating areas as having historic, architectural, archeological or cultural value or significance as historic districts. 7. To research and recommend to the city council the adoption of ordinances designating properties or structures having historic, architectural, archeological or cultural value or significance as landmarks or landmark sites. 8. To research and recommend to the city council the adoption of ordinances designating properties as having historic, architectural, archeological or cultural value or significance as individually designated historic properties. 9. To research and recommend to the city council the adoption of ordinances designating areas as having historic, architectural, archeological or cultural value as "conservation districts". 10. To research and recommend to the city council the adoption of ordinances designating areas as having historic, architectural, archeological or cultural value as "conservation planning areas". 11. To maintain a register of all properties and structures which have been des- ignated as landmarks, landmark sites or historic districts, including all information required for each designation. 12. To assist and encourage the nomination of landmarks, landmark sites and historic districts to the national register of historic places, and review and com- ment at a public hearing on any national register nomination submitted to the commission upon the request of the mayor, city council or the state historic preservation office. 13. To confer recognition upon the owners of landmarks, individually designated historic properties or of property or structures within historic districts. 14. To review in progress or completed work to determine compliance with spe- cific certificates of appropriateness or certificates of economic nonviability. 15. To serve as an advisory design review body to the city council for review of public works projects which have historic preservation implications in historic dis- tricts, individually designated historic properties, or for alteration of landmarks, landmark sites or structures, that would result in a material change in appear- ance or be visible from the public way. 16. To serve as an advisory review body to the city council for the review of pub- lic planning, design, construction, and maintenance needs in conservation plan- ning areas upon request from the city council. 16-10-2: DEFINITIONS: For the purpose of this chapter, the following words and phrases have the meanings ascribed to them below: CERTIFICATE OF ECONOMIC NONVIABILITY: A document issued by the historic preservation commission which acknowledges an exception as herein defined and which authorizes an alteration or activity: A. Which creates a material change in appearance, or the removal or demolition, of a landmark, landmark site or of a structure within a historic district; B. Which requires a regulated permit; and C. For which a certificate of appropriateness has been or would be denied; how- ever, a certificate of economic nonviability may be issued only upon a showing that the property owner will be deprived of any reasonable economic return on the property if not allowed to proceed with the requested alteration or activity. DETERMINATION OF NO MATERIAL EFFECT: A document issued by the city plan- ner indicating approval for any normal "repair" or act of maintenance as defined by this chapter, which: A. Is not an alteration, construction, removal, demolition or excavation as defined by this chapter; B. Does not create a material change in the exterior architectural appearance or exterior features of a structure or site; and C. Nonetheless does require a regulated permit. 16-10-3: IDENTIFICATION AND DESIGNATION OF LANDMARKS, SITES AND HISTORIC DISTRICTS: 16-10-4: DESIGNATED LANDMARKS, SITES AND HISTORIC DISTRICTS: 16-10-5: DEMOLITION OF LANDMARKS, LANDMARK SITES AND STRUCTURES IN HISTORIC DISTRICTS AND CONSERVATION DISTRICTS: 16-10-6: ALTERATION OF LANDMARKS, HISTORIC PROPERTIES AND SITES: 16-10-7: STANDARDS FOR DESIGN REVIEW: 16-10-8: CONSERVATION DISTRICTS: 16-10-9: CONSERVATION PLANNING AREAS: 16-10-10: APPEALS FROM COMMISSION ACTION: 16-10-11: INSPECTION: 16-10-12: VIOLATIONS; PENALTIES: Section 2. Nothing herein effects the term of any person serving as a commissioner as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 1st day of June, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of June, 2015. /s/Kevin S. Firnstahl, City Clerk 7. Greater Dubuque Development Corporation Board Membership: Correspondence from Rick Dickinson, President and CEO of Greater Dubuque Development Corporation (GDDC), requesting confirmation of the Mayor and two City Council members for mem- bership on the GDDC Board of Directors from July 1, 2015 through June 30, 2016. (Cur- rently Buol, Connors, and Lynch). Motion by Jones to receive and file the documents and reappoint Council Members Connors and Lynch with Mayor Buol's appointment as a requirement of GDDC's bylaws. Seconded by Resnick. Resnick requested a rotation of Council membership on various boards be discussed at the next City Council goal setting session. Motion carried 6-0. COUNCIL MEMBER REPORTS Council Members Connors reported on the Marshallese Constitution Day held May 23 in Comiskey Park and how she believed it to be an enjoyable, inclusive and diverse event. Council Member Resnick reported on the Silent Bike Ride held May 30 that promoted bike safety throughout the city as Dubuque becomes a more bike -friendly City. Mayor Buol reported on his experiences during the recent delegation visit to Dubu- que's Sister City of Handan, China, and the growing potential for educational exchanges and economic development opportunities. CLOSED SESSION Motion by Jones to convene in closed session at 8:26 p.m. to discuss pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second- ed by Resnick. Motion carried 6-0. Upon motion, the City Council reconvened in open session at 8:42 p.m. stating that staff had been given property direction. There being no further business, upon motion the City Council adjourned at 8:43 p.m. /s/Kevin S. Firnstahl, CMC City Clerk