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10 5 15 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on October 5, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members, Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Sustainable Dubuque. WORK SESSION SUSTAINABLE DUBUQUE Sustainability Coordinator Cori Burbach, Sustainable Innovations Consultant for Greater Dubuque Development Corp. David Lyons, and Vice President of Operations for the Community Foundation of Greater Dubuque Eric Dregne provided a slide presentation on Sustainable Dubuque, Sustainable Innovations, and Project HOPE as they relate to the Sustainable Dubuque Vision and Principles. Topics included: • The Growing Sustainable Communities Conference • Star Communities outcomes/scores • Sustainable Dubuque Collaborations • Proposed Resiliency Commission • Sustainable Innovations o StartUp Dubuque o Partnerships o Dubuque Broadband Initiative, Access and Services o Energy o Future Innovations Discussions • Project HOPE o Mission o Re -Engage Dubuque o Opportunity Dubuque o Network mapping There being no further business, upon motion the City Council adjourned at 6:19 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on October 5, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl (via phone) 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) Head Start Day (October 14, 2015) was accepted by Brenda Sullivan of Operation: New View Community Action Agency, 1473 Central Avenue. White Cane Safety Day (October 15, 2015) was accepted by Pam Gagne, Treasurer, Tri-State Blind Society, 3333 Asbury Rd. Trick -or -Treat Night (October 31, 2015) was accepted by Mayor Buol. Arts and Humanities Month (October 2015) was accepted by Marina O'Rourke, Arts and Cultural Affairs Advisory Commission Chairperson. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 9/21; Civil Service Commission of 9/17; Community Development Advisory Commission of 9/16; Housing Commission of 8/25; Housing Trust Fund Advisory Committee of 9/17, 9/21; Human Rights Commission of 8/10; Park and Recreation Advisory Commission of 9/8; Sister City Relationships Advisory Commission of 9/16; Proof of publication for City Council Proceedings of 9/8. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Lynn Ann Chillook for personal injury/vehicle damage; Liberty Mutual on behalf of Daniel Bellows for personal injury; Patrick Maiden for vehicle damage; Don Pettit for vehicle damage; Frank Vlach, III for vehicle damage. Upon mo- tion the documents were received, filed and referred to the City Attorney. 2 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Liberty Mutual on behalf of Daniel Bellows for personal injury; Lynn Ann Chillook for personal injury/vehicle damage; Patrick Maiden for vehicle damage; Don Pettit for vehicle damage; Frank Vlach, III for vehicle damage. Upon motion the docu- ments were received, filed and concurred. 4. Government Finance Officers Association - Distinguished Budget Presentation Award: Correspondence from the Government Finance Officers Association (GFOA) advising that it has awarded the Distinguished Budget Presentation Award to the City of Dubuque for the tenth consecutive year and Certificates of Recognition for budget prep- aration to Budget Director Jennifer Larson for the Fiscal Year 2015/2016. Upon motion the documents were received and filed. 5. Dubuque National Service Partnership Award: City Manager transmitting infor- mation the Corporation for National and Community Service recognizing the Dubuque National Service Partnership with an award in honor of retired Senator Tom Harkin. Up- on motion the documents were received and filed. 6. Port of Dubuque Clean Marina Certification: City Manager transmitting information on the recent award to the Port of Dubuque Marina making it the first certified Clean Marina in Iowa. Upon motion the documents were received and filed. 7. NICC Outreach Success Coach Report: City Manager transmitting a report by Sa- maria Neely, Outreach Success Coach at NICC. Upon motion the documents were re- ceived and filed. 8. Catfish Creek Watershed: City Manager transmitting educational brochures for the Catfish Creek Watershed. Upon motion the documents were received and filed. 9. Southwest Arterial Project - Consultant Selection for Construction Engineering Services: City Manager recommending concurrence with the selection of IIW, P.C. as the first -ranked consultant and requests approval for the City Manager to execute the Standard Consultant Contract with IIW, P.C. to provide all phases of Construction Engi- neering Services for both the English Mill Road Reconstruction Project and the Military Road Reconstruction Project. Upon motion the documents were received, filed and concurred. 10. Acceptance of Deed - CW Wolff, LLC (SELCO): City Manager recommending approval of a resolution accepting the Quit Claim Deed related to the purchase of the alley between Main Street and Salina Street by CW Wolff, LLC (SELCO). Upon motion the documents were received and filed and Resolution No. 331-15 Accepting the Deed to certain real estate from CW Wolff, LLC in Dubuque County, Iowa, was adopted. 3 RESOLUTION NO. 331-15 ACCEPTING THE DEED TO CERTAIN REAL ESTATE FROM CW WOLFF, L.L.C. IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement with CW Wolff, L.L.C. for the purchase of certain real property in Dubuque County, legally de- scribed as follows: Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of Dubuque, Iowa (the Property); and Whereas, in order to comply with the terms of the Purchase Agreement CW Wolff, L.L.C. has quit claimed all its right, title and interest in the Property to the City of Dubu- que. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby accepts the Quit Claim Deed from CW Wolff, L.L.C. attached hereto. Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Authorized Depository Institutions: City Manager recommending approval of a resolution increasing the maximum balance allowed at Fidelity Bank and Trust. Upon motion the documents were received and filed and Resolution No. 332-15 Naming De- positories was adopted. RESOLUTION NO. 332-15 NAMING DEPOSITORIES Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a fi- nancial institution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each depository approved, and specify the maximum amount which may be kept on de- posit in each depository; and Whereas, this procedure is required if a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following financial institutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the 2001 Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each re- spective financial institution as set out below. Depository Name American Trust & Savings Bank Location of Home Office Maximum Balance Dubuque, Iowa $60,000,000 4 Dubuque Bank & Trust Company U.S. Bank Dupaco Community Credit Union Premier Bank East Dubuque Savings Bank Fidelity Bank & Trust BBVA Compass Hometown Bank Passed, approved and adopted this Attest: Kevin S. Firnstahl, City Clerk Dubuque, Iowa Minneapolis, Minnesota Dubuque, Iowa Dubuque, Iowa Dubuque, Iowa Dyersville, Iowa Birmingham, Alabama Fond du Lac, Wisconsin 5th day of October, 2015. $60,000,000 $40,000,000 $20,000,000 $20,000,000 $20,000,000 $40,000,000 $ 100,000 $ 250,000 Roy D. Buol, Mayor 12. Assignment & Assumption Agreements - Cottingham & Butler, Inc.: City Manager recommending approval of a resolution consenting to the Assignment and Assumption Agreement between Town Clock Building Company and Cottingham & Butler, Inc. and a second resolution consenting to the Assignment and Assumption Agreement between Security Investments, LLC and Cottingham & Butler, Inc. Upon motion the documents were received and filed and Resolution No. 333-15 Consenting to the Assignment of: 1) City of Dubuque, Iowa, Downtown Rehabilitation Loan Program Loan Agreement, Num- ber: DRLP#2-01 dated June 28, 2001; 2) Promissory Note dated June 28, 2001; 3) Mortgage to City of Dubuque, Iowa dated June 28, 2001 and recorded as Instrument No. 9858-01, and 4) Mortgage to City of Dubuque, Iowa dated May 20, 2002 and rec- orded as Instrument No. 9234-02, between the City of Dubuque, Iowa and Town Clock Building Company to Cottingham & Butler, Inc.; and Resolution No. 334-15 Consenting to the Assignment of: 1) City Of Dubuque, Iowa, Downtown Rehabilitation Loan Pro- gram Loan Agreement, Number: DRLP#3-98 Dated November 13, 1998; 2) Promissory Note dated January 24, 2008; and 3) Mortgage to City of Dubuque, Iowa Dated January 24, 2008 and recorded as Instrument No. 2008-00001182, between the City of Dubu- que, Iowa and Security Investments, LLC to Cottingham & Butler, Inc. were adopted. RESOLUTION NO. 333-15 CONSENTING TO THE ASSIGNMENT OF: 1) CITY OF DUBUQUE, IOWA, DOWN- TOWN REHABILITATION LOAN PROGRAM LOAN AGREEMENT, NUMBER: DRLP#2-01 DATED JUNE 28, 2001; 2) PROMISSORY NOTE DATED JUNE 28, 2001; 3) MORTGAGE TO CITY OF DUBUQUE, IOWA DATED JUNE 28, 2001 AND REC- ORDED AS INSTRUMENT NO. 9858-01, AND 4) MORTGAGE TO CITY OF DUBU- QUE, IOWA DATED MAY 20, 2002 AND RECORDED AS INSTRUMENT NO. 9234- 02, BETWEEN THE CITY OF DUBUQUE, IOWA AND TOWN CLOCK BUILDING COMPANY TO COTTINGHAM & BUTLER, INC. Whereas, the City of Dubuque entered into a 1) Downtown Rehabilitation Loan dated June 28, 2001; 2) Promissory Note dated June 28, 2001; 3) Mortgage dated June 28, 2001; and 4) Mortgage dated May 20, 2002, (the Agreements) with Town Clock Building Company regarding certain real property legally described as: Lot 54 in the City of Dubuque, Iowa, according to the United States Commission- ers' Map of the Town of Dubuque, Iowa (also sometimes described as City Lot 54 in the City of Dubuque, Iowa, according to the recorded Plat thereof); and 5 Whereas, Town Clock Building Company now desires to assign its rights and re- sponsibilities under the Agreements to Cottingham & Butler, Inc.; and Whereas, the Agreements require the consent of the City to any such assignment; and Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should consent to the assignments, a copy of which Assignment and Assumption Agreement is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby consents to the Assignment and Assumption Agreement, a copy of which is attached hereto. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 334-15 CONSENTING TO THE ASSIGNMENT OF: 1) CITY OF DUBUQUE, IOWA, DOWN- TOWN REHABILITATION LOAN PROGRAM LOAN AGREEMENT, NUMBER: DRLP#3-98 DATED NOVEMBER 13, 1998; 2) PROMISSORY NOTE DATED JANU- ARY 24, 2008; AND 3) MORTGAGE TO CITY OF DUBUQUE, IOWA DATED JANU- ARY 24, 2008 AND RECORDED AS INSTRUMENT NO. 2008-00001182, BETWEEN THE CITY OF DUBUQUE, IOWA AND SECURITY INVESTMENTS, LLC TO COT- TINGHAM & BUTLER, INC. Whereas, the City of Dubuque entered into a 1) Downtown Rehabilitation Loan dated November 13, 1998; 2) Promissory Note dated January 24, 2008; and 3) Mortgage dat- ed January 24, 2008, (the Agreements) with Security Investments, LLC regarding cer- tain real property legally described as: Lot 29, Lot 30 and the South 1/3 of Lot 31, in the City of Dubuque, Iowa, according to the United State Commissioners' Map thereof; and Lot Fifty -Five (55) in the City of Dubuque, Iowa, according to the United States Commissioner's Map thereof; and Whereas, Security Investments, LLC now desires to assign its rights and responsibili- ties under the Agreements to Cottingham & Butler, Inc.; and Whereas, the Agreements require the consent of the City to any such assignment; and Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should consent to the assignments, a copy of which Assignment and Assumption Agreement is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby consents to the Assignment and Assumption Agreement, a copy of which is attached hereto. Passed, approved and adopted this 5th day of October, 2015. Attest: Kevin S. Firnstahl, City Clerk 6 Roy D. Buol, Mayor 13. Restrictive Covenant for 1849 Jackson Street: City Manager recommending ap- proval of a resolution attaching a single-family residence restrictive covenant to 1849 Jackson Street prior to the City's disposal of the property. Upon motion the documents were received and filed and Resolution No. 335-15 Attaching a Single Family Resident Restrictive Covenant, to 1849 Jackson Street, Dubuque, Iowa, was adopted. RESOLUTION NO. 335-15 ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT TO 1849 JACKSON STREET, DUBUQUE, IOWA Whereas, The City desires to attach restrictive covenants to 1849 Jackson Street pri- or 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 (21) 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 1849 Jackson Street, legally described as: North YZ of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according to the United States Commissioners Map thereof. 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 cause said Restric- tive Covenant to be recorded in the Office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved and adopted this 5th day of October, 2015 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Grandview/Loras and Grandview/University Intersection Improvements Project - Set Fair Market Value and Start Eminent Domain Proceedings: City Manager recom- mending approval of a resolution which establishes and sets the Just Compensation Valuation (Fair Market Value) for each identified permanent easement to be acquired based on the Eminent Domain Value Finding Appraisals Reports for the Grandview/Loras and Grandview/University Intersection Improvements project. Upon motion the documents were received and filed and Resolution No. 336-15 Establishing the fair market value of real property for the Grandview / Loras and Grandview / Univer- sity Intersection Improvements Project, directing good faith negations for the acquisition of property and authorizing the commencement of Eminent Domain proceedings, if nec- essary, to acquire property was adopted. RESOLUTION NO. 336-15 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE GRANDVIEW / LORAS AND GRANDVIEW / UNIVERSITY INTERSECTION IM- PROVEMENTS PROJECT, DIRECTING GOOD FAITH NEGOTIATIONS FOR THE ACQUISITION OF PROPERTY AND AUTHORIZING THE COMMENCEMENT OF EM- INENT DOMAIN PROCEEDINGS, IF NECESSARY, TO ACQUIRE PROPERTY 7 Whereas, the City of Dubuque (City) has caused to be made appraisals of the prop- erties described below for the Grandview / Loras and Grandview / University Intersec- tion Improvements Project and the appraised values for the properties are listed below; and Whereas, the legal description of each of the properties to be acquired, the owners and the appraised value of each of the properties is listed below; and Whereas, the City Council has previously provided approval of the site and location for the Grandview / Loras and Grandview / University Intersection Improvements Pro- ect, and approved said project and the partial acquisition of property listed below for said public improvement oroiect: PROPERTY OWNER(S) APPRAISED VALUE Part of Lot 52 in Woodlawn Park Sub. as described on Exhibit A attached Deborah Roth, Karla Schoen, & William Meyer $120.00 Part of Lot 27 in Tschirgi & Schwinds Sub. as described on Exhibit B attached Debra J. and Robert A. O'Connell $195.00 and; Whereas, Iowa law requires that the City make a good faith effort to negotiate with the owners regarding the purchase before proceeding with condemnation; and Whereas, the City may not make an offer to purchase a property which is less than the fair market value City has established for the property; and Whereas, the City Council now desires to establish the fair market value for each of the properties; and Whereas, the City wishes to acquire the properties listed for the Grandview / Loras and Grandview / University Intersection Improvements Project by good faith negotiation or eminent domain proceedings, if necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The fair market value of each of the properties listed above is hereby es- tablished to be the amount of its appraised value as listed above. Section 2. The City Manager is directed to enter into good faith negotiations for the acquisition for each of the above properties, and, if necessary, commence eminent do- main proceedings to acquire the properties. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. Acceptance of Storm Sewer Easement at 2810 Wildwood Court: City Manager recommending acceptance of a Grant of Permanent Easement for Storm Sewer across 2810 Wildwood Court from Stan and Charalin Simon. Upon motion the documents were received and filed and Resolution No. 337-15 Accepting a grant of Permanent Ease- ment for storm sewer through, over and across part of Lot 1 of S. Simon Place, in the City of Dubuque, Iowa, was adopted. 8 RESOLUTION NO. 337-15 ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 OF S. SIMON PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, Stan L. and Charalin C. Simon have executed a Permanent Easement for Storm Sewer through, over and across Part of Lot 1 of S. Simon Place, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Permanent Easement for Storm Sewer through, over and across Part of Lot 1 of S. Simon Place, in the City of Dubuque, Dubuque County, Iowa from Stan L. and Charalin C. Simon, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Brunskill Street Place Storm Water Detention Facility Acceptance: City Manager recommending acceptance of the storm water detention facility that the developer, McDermott Brothers Construction, has completed and is dedicating in Brunskill Street Place in the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 338-15 Accepting stormwater detention facilities in Brunskill Street Place, in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 338-15 ACCEPTING STORMWATER DETENTION FACILITIES IN BRUNSKILL STREET PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution Numbers 342-12, certain public improvements in- cluding stormwater detention facilities on Lot A of Brunskill Street Place No. 1 were in- stalled by the developer of Brunskill Street Place in the City of Dubuque, Iowa; and Whereas, the said storm water detention facilities have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in con- formance with City specifications, and has recommended that the improvements be ac- cepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said storm water detention facilities in Brunskill Street Place in the City of Dubuque, Iowa, be and the same is hereby accepted. 9 Section 2. That maintenance of said improvements shall be the responsibility of the City and assessable to the property owners as outlined in Resolution Numbers 342-12. Passed, adopted and approved this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Acceptance of a Permanent Easement for Storm Sewer at 2595 Fulton Street: City Manager recommending rescission of Resolution No. 318-15 and approval of a new resolution correcting the legal description and property owner information in con- nection with the acceptance of a permanent easement for storm sewer across a portion of residential property at 2595 Fulton Street from Andrea and Joel Leach. Upon motion the documents were received and filed and Resolution No. 339-15 Rescinding Resolu- tion 318-15 and accepting a Grant of Permanent Easement for storm sewer through, over and across part of Lot 27 in Highland Addition, in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 339-15 RESCINDING RESOLUTION 318-15 AND ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS PART OF LOT 27 IN HIGHLAND ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Joel R. Leach and Andrea Leach have executed a Permanent Easement for Storm Sewer through, over and across Part of Lot 27 Highland Addition, in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council passed Resolution 318-15, dated September 21, 2015, approving the acceptance of a Grant of Easement for Storm Sewer through, over and across Lot 2 of Lot 2 of Lot 2 of the W % of the NW 1/4 of Section 27; and Lot 2 of Lot 1 of Lot 2 of the NE 1/4 of the NE 1/4 of Section 28, all in Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Dubuque County, Iowa from Halle Properties LLC; and Whereas, the Legal Description and Property Owner information in Resolution 318- 15 were incorrect and Resolution 318-15 should be rescinded. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Permanent Easement for Storm Sewer through, over and across Part of Lot 27 Highland Addition, in the City of Dubuque, Dubuque County, Iowa from Joel R. Leach and Andrea Leach, a copy of which is attached hereto. Section 2. Resolution 318-15 is hereby rescinded. Section 3. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 5th day of October, 2015. Attest: Kevin S. Firnstahl, City Clerk 10 Roy D. Buol, Mayor 18. Grant of Permanent Easement and Agreements - Bus Shelters: City Manager recommending Council approval of Easement Agreements and acceptance of Grants of Permanent Easement for bus shelters at Windsor Park Retirement Apartments, 801 Davis Street, and Goodwill Industries, 2121 Holliday Drive. Upon motion the documents were received and filed and Resolution No. 340-15 Approval of an agreement and ac- cepting a Grant of Permanent Easement for a bus shelter located at Goodwill Industries, 2121 Holliday Drive in Dubuque, Iowa; and Resolution No. 341-15 Approval of an agreement and accepting a Grant of Permanent Easement for a bus shelter located at Windsor Park Retirement Apartments, 801 Davis Street in Dubuque, Iowa, were adopt- ed. RESOLUTION NO. 340-15 APPROVAL OF AN AGREEMENT AND ACCEPTING A GRANT OF PERMANENT EASEMENT FOR A BUS SHELTER LOCATED AT GOODWILL INDUSTRIES, 2121 HOLLIDAY DRIVE, IN DUBUQUE, IOWA Whereas, Goodwill Industries of Northeast Iowa Inc., the property owner of Lot 2-2 of Holliday Addition No. 2 (Goodwill Industries), has executed an Easement Agreement and granted a Permanent Easement dated August 26, 2015, for a bus shelter over said lot. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Easement Agreement and Grant of Permanent Easement for a bus shelter located on a part of Lot 2-2 of Holliday Addition No. 2 (Goodwill Industries, 2121 Holliday Drive), in the City of Dubuque, Dubuque County, Iowa, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 341-15 APPROVAL OF AN AGREEMENT AND ACCEPTING A GRANT OF PERMANENT EASEMENT FOR A BUS SHELTER LOCATED AT WINDSOR PARK RETIREMENT APARTMENTS, 801 DAVIS STREET, IN DUBUQUE, IOWA Whereas, Callahan Construction Inc., the property owner of Lot 6 of Stone Hill Com- munity Subdivision No. 1 (Windsor Park Retirement Apartments), has executed an Easement Agreement and granted a Permanent Easement dated August 8, 2015, for a bus shelter over said lot. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 11 Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Easement Agreement and Grant of Permanent Easement for a bus shelter located on a part of Lot 6 of Stone Hill Community Subdivision No. 1 (Windsor Park Retirement Apartments, 801 Davis Street), in the City of Dubuque, Dubuque County, Iowa, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Restated Plan Document & Summary Plan Description for Point of Service Health Care Plan: City Manager recommending approval for the City Manager to execute the Restated Plan Document and Summary Plan Description for the City's health care plan that incorporates all of the amendments. Upon motion the documents were received, filed and approved. 20. Alternative Services Concepts, LLC (ASC) Agreement: City Manager recom- mending authorization to execute an agreement with Alternative Services Concepts, LLC (ASC) for worker's compensation claims services. Upon motion the documents were received, filed and approved. 21. 2015 Department of Justice Body Worn Camera Grant Acceptance: City Manager recommending approval of the acceptance of the 2015 Department of Justice Body Worn Camera Grant. Upon motion the documents were received, filed and approved. 22. School Resource Officer Agreement: City Manager recommending approval of the Fiscal Year 2015-2016 School Resource Officer Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Upon motion the documents were received, filed and approved. 23. Drug Abuse Resistance Education (DARE) Program Agreement: City Manager recommending approval of the Fiscal Year 2015-2016 DARE Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Upon motion the documents were received, filed and approved. 24. 2015 Justice Assistance Grant (JAG) Application: City Manager recommending acceptance of the 2015 Justice Assistance Grant (JAG) application. Upon motion the documents were received, filed and approved. 25. Iowa's Clean Air Attainment Program (ICAAP) Application for Funding Traffic Im- provements - NW Arterial and Pennsylvania Avenue: City Manager recommending ap- proval of a resolution authorizing the City of Dubuque to submit an application to the lo - 12 wa Department of Transportation for Iowa's Clean Air Attainment Program (ICAAP) to assist with funding a proposed right turn lane on Pennsylvania Avenue at the Northwest Arterial. Upon motion the documents were received and filed and Resolution No. 342-15 Authorizing the filing of a grant application with the Iowa Department of Transportation for Iowa Clean Air Attainment funding for the City of Dubuque Pennsylvania Avenue and NW Arterial Right Turn Lane Improvement was adopted. RESOLUTION NO. 342-15 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DE- PARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT FUND- ING FOR THE CITY OF DUBUQUE PENNSYLVANIA AVENUE AND NW ARTERIAL RIGHT TURN LANE IMPROVEMENT Whereas, the increasing growth of traffic volumes, along with operational and air quality concerns, at the intersection of Pennsylvania Avenue and NW Arterial in the City of Dubuque could be improved by adding a westbound right turn lane; and Whereas, the City of Dubuque has determined that improvements to this intersection, as recommended by the HDR Study commissioned by Iowa Department of Transporta- tion, will improve traffic flow; and Whereas, the City of Dubuque is seeking the necessary funding for project imple- mentation and commits 20% matching funds required to access Iowa Clean Air Attain- ment Funds, and upon completion, in cooperation with the Iowa Department of Trans- portation, be responsible for adequately maintaining and operating the project for public use during the project's useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City files this grant application for funds through the Iowa Clean Air At- tainment Program to fund Pennsylvania Avenue and NW Arterial right turn lane im- provement. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 26. Iowa's Clean Air Attainment Program (ICAAP) Application for Funding Traffic Im- provements - NW Arterial and John F. Kennedy Road: City Manager recommending approval of a resolution authorizing The City of Dubuque to submit an application to the Iowa Department of Transportation for Iowa's Clean Air Attainment Program (ICAAP) to assist with funding a proposed right turn lane on John F. Kennedy Road at the North- west Arterial. Upon motion the documents were received and filed and Resolution No. 343-15 Authorizing the filing of a grant application with the Iowa Department of Trans- portation for Iowa Clean Air Attainment funding for the City of Dubuque John F. Kenne- dy Road and NW Arterial Right Turn Lane Improvements was adopted. 13 RESOLUTION NO. 343-15 AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DE- PARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT FUND- ING FOR THE CITY OF DUBUQUE JOHN F. KENNEDY ROAD AND NW ARTERIAL RIGHT TURN LANE IMPROVEMENT Whereas, the increasing growth of traffic volumes, along with operational and air quality concerns, at the intersection of John F Kennedy Road and NW Arterial in the City of Dubuque could be improved by adding a southbound right turn lane; and Whereas, the City of Dubuque has determined that improvements to this intersection, as recommended by the HDR Study commissioned by Iowa Department of Transporta- tion, will improve traffic flow; and Whereas, the City of Dubuque is seeking the necessary funding for project imple- mentation and commits 20% matching funds required to access Iowa Clean Air Attain- ment Funds, and upon completion, in cooperation with the Iowa Department of Trans- portation, be responsible for adequately maintaining and operating the project for public use during the project's useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City files this grant application for funds through the Iowa Clean Air At- tainment Program to fund John F Kennedy Road and NW Arterial right turn lane im- provement. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 27. Code of Ordinances - Adoption of Supplement No. 19: City Clerk recommending adoption of Supplement No. 19 to the City of Dubuque Code of Ordinances, which codi- fies Ordinance Nos. 29-15 through 38-15, 40-15, 41-15, 42-15, 43-15 and 45-15 through 51-15 as adopted by the City Council through August 3, 2015. Upon motion the documents were received and filed and Resolution No. 344-15 Adopting Supplement No. 19 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 344-15 ADOPTING SUPPLEMENT NO. 19 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire- ty; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu- tion, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 14 Section 1. That Supplement No. 19 of the Code of Ordinances of the City of Dubu- que, Iowa, covering Ordinance Nos. 29-15 through 38-15, 40-15, 41-15, 42-15, 43-15 and 45-15 through 51-15 as adopted by the City Council through August 3, 2015, pre- pared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 28. Compact of Mayors: City Manager transmitting Mayor Buol's letter of commitment to join the Compact of Mayors. Upon motion the documents were received and filed. 29. Federal Energy Regulatory Commission (FERC) Correspondence: Correspond- ence providing the City's response to the Federal Energy Regulatory Commission's (FERC) Notice of Preliminary Permit Application proposing to study the feasibility of a hydroelectric project at Lock and Dam No. 11. Upon motion the documents were re- ceived and filed. 30. Improvement Contracts/Performance and Maintenance Bonds: Midwest Con- crete, Inc., for the 2015 Asphalt Overlay Access Ramp Project Four. Upon motion the documents were received, filed and approved. 31. Alcohol and Tobacco License Applications: City Manager recommending approv- al of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo- tion the documents were received and filed and Resolution No. 345-15 Approving appli- cations for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 346-15 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Io- wa Code 453A.47A were adopted. RESOLUTION NO. 345-15 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: 15 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: Aldi Inc. #30 2160 Holliday Dr. Class C Beer, Class B Wine (Sunday) Carlos O'Kelly's 1355 Associates Dr. Class C Liquor (Catering) (Outdoor) (Sunday) Crust Italian Kitchen and Bar Denny's Lux Club Fat Tuesday's Fiesta Cancun Authentic Mexican Restaurant Grand River Center Grand Tap Huhot Mongolian Grill Hy Vee #1 Clubroom Hy -Vee Gas #2 L. May The Copper Kettle New Kwik Stop #848 299 Main St. 3050 Asbury Rd. 1121 University Ave. 2515-1 NW Arterial 500 Bell St. 802 Central Ave. 555 JF Kennedy Rd. #685 3500 Dodge St. 2435 NW Arterial 1072 Main St. 2987 Jackson St. 3201 Central Ave. Class C Liquor, Class B Wine (Cater- ing) (Outdoor) (Sunday) Class C Liquor (Outdoor) (Sunday) Class C Liquor (Sunday) Class C Liquor (Outdoor) (Sunday) Class C Liquor (Catering) (Sunday) Class C Liquor (Sunday) Special Class C Liquor (Sunday) Special Class C Liquor (Sunday) Class C Beer, Class B Native Wine (Sunday) Class C Liquor, Class B Wine (Cater- ing) (Outdoor) (Sunday) Class C Liquor, Class B Native Wine (Living Qrt.) (Catering) (Outdoor) (Sunday) Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Adding a Privilege Iowa Welcome Center 280 Main St. Adding Class C Beer Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 346-15 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NIC- OTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 16 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. Kwik Stop #848 3201 Central Ave. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Sewer Shed 7 and 10 Manhole Replacement Project: City Manager recommending initiation of the public bidding procedure for the 2015 Sewershed 7 and 10 Manhole Re- placement Project, and further recommends that a public hearing be set for October 19, 2015. Upon motion the documents were received and filed and Resolution No. 347-15 2015 Sewershed 7 & 10 Manhole Replacement Project; Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertise- ment for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 19, 2015 in the Historic Federal Building. RESOLUTION NO. 347-15 2015 SEWERSHED 7 & 10 MANHOLE REPLACEMENT 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 2015 Sewershed 7 & 10 Manhole Replacement Project in the estimated amount $142,591.50, 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 19th day of October, 2015, at 6:30 p.m. in the His- toric Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Io- wa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. 17 The 2015 Sewershed 7 & 10 Manhole Replacement 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 22nd day of October, 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 2nd day of November, 2015, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. English Ridge - Housing Urban Renewal District: City Manager recommending ap- proval of a Resolution of Necessity that finds that a Housing Urban Renewal Plan for the English Ridge area is both necessary and appropriate, and set a public hearing on the proposed plan for November 2, 2015. Upon motion the documents were received and filed and Resolution No. 348-15 Resolution of Necessity finding that certain proper- ty in English Ridge Subdivision is an Economic Development Area and that the devel- opment of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting a date for hearing on a proposed Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on No- vember 2, 2015 in the Historic Federal Building. RESOLUTION NO. 348-15 RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IN ENGLISH RIDGE SUBDIVISION IS AN ECONOMIC DEVELOPMENT AREA AND THAT THE DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESI- DENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING A DATE FOR HEARING ON A PROPOSED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council has determined that the active development of property is a beneficial use that will enhance the City's ongoing economic development efforts; and Whereas, the City Council has determined that the area described in Section 1 below meets the definitions of an economic development area as defined in Chapter 403 "Ur- ban Renewal" of the Iowa Code; and Whereas, a significant need for housing units exists in the community and local re- sources are needed to advance the development; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the resi- dents of the municipality. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the area generally described in Attachment A to this Resolution is an economic development area as defined by Chapter 403 of the Iowa Code and is appro- priate for an urban renewal project. Section 2. That the development of the English Ridge Housing Urban Renewal Area is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the development of this area will provide new opportunities for quality housing and job creation in the community. Section 4. That the City Manager is authorized and directed to prepare an Urban Re- newal Plan for the English Ridge Housing Urban Renewal Area, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the consultation process required by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Urban Renewal Plan for the English Ridge Housing Urban Renewal Area to be held on the 2nd day of November, 2015, at 6:30 p.m. in the Historic Federal Build- ing in Dubuque, Iowa, 350 W. 6th Street, Dubuque, Iowa and that said notice shall gen- erally identify the area covered by the Plan and the general scope of the Urban Renew- al Plan activities planned for such area. Section 6. That the City Clerk is further directed to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubuque Community School District, the County Board of Supervisors and the Northeast Iowa Community College, as the affect- ed taxing entities. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments to the following commissions were made at this meeting. 1. Civic Center Advisory Commission: One, 3 -year term through June 29, 2016 (Va- cant term of Scott). Applicant: A. Alanda Gregory, 1560 Iowa St. #3. Motion by Connors to appoint Ms. Gregory to a 3 -year term through June 29, 2016. Seconded by Resnick. Motion carried 7-0. 2. Housing Commission: Three, 3 year terms through August 17, 2018 (Expiring At - Large term of Fernandes; vacant At -Large term of Holz; and vacant Section 8 -Recipient Term of Eubanks). Applicants: Anna Fernandes, 2191 Broadlawn (Qualifies for At - Large); Nicolas Hobson, 1592 Locust St., (Qualifies for At -Large) (Additional Applicant); Jill Kedley, 237 Southgate Dr. (Qualifies for At -Large); Coralita Shumaker, 305 W. 16th St. (Qualifies as Section 8 Recipient) (Additional Applicant). Motion by Jones to appoint Coralita Shumaker to the Section 8 Recipient term through August 17, 2018. Seconded by Jones. Motion carried 7-0. Upon roll -call vote (Fernandes — 7; Hobson — Connors; and Kedley — Braig, Lynch, Jones, Resnick, Buol, Sutton) Anna Fernandes and Jill Ked - ley were appoint to 3 -year terms through August 17, 2018. 19 3. Transit Advisory Board: One, 3 year term through July 30, 2016 (Vacant term of Knight). Applicants: Joel Lightcap, 1985 Alta Vista St.; Carrie Lohrmann, 1879 Denver Dr. #7B. Upon roll -call vote (Lightcap — Lynch, Connors; Lohrmann — Braig, Jones, Resnick, Buol, Sutton). Carrie Lohrmann was appointed to a 3 -year term through July 30, 2016. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. 1. Voluntary Annexation - Bahl Property: Proof of publication on notice of public hear- ing to consider approval of a voluntary annexation request from Martin J. and Linda C. Bahl, and Terrance G. Bahl, for 1.3 acres of their property from Asbury Road north to Forest Hills Subdivision in the City of Asbury and the City Manager recommending ap- proval. Motion by Lynch to receive and file the documents and approve Resolution No. 349-15 Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 349-15 APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has received a written application from property own- ers Martin J. and Linda C. Bahl and Terrance G. Bahl for the voluntary annexation of approximately 1.30 acres of territory generally located from Asbury Road north to Forest Hills Subdivision in the City of Asbury, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad property; and Whereas, the annexation territory does not abut Dubuque County right-of-way; and Whereas, the annexation territory requires severance from the City of Asbury, and said severance has been granted by the City of Asbury; and Whereas, Chapter 368 of the Iowa Code authorizes the extension of City limits in sit- uations of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the City's Comprehensive Plan; and Whereas, the City of Dubuque has the capacity to provide substantial municipal ser- vices to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application of property owners Martin J. and Linda C. Bahl and Terrance G. Bahl for the voluntary annexation of approximately 1.30 acres of territory generally located from Asbury Road north to Forest Hills Subdivision in the City of As- bury, Iowa, said territory lying outside of the corporate limits of the City of Dubuque, Io- wa, as shown on Exhibit A and legally described as Lot 2 of the West Half of the North - 20 west Quarter of Section 19, Township 89 North, Range 2 East, is hereby approved for annexation to the City of Dubuque. Section 2. That the annexation territory requires severance from the City of Asbury, and said severance has been granted by the City of Asbury in accordance with Chapter 368 of the Iowa Code. Section 3. That, subject to the approval of the City Development Board, the corporate limits of the City of Dubuque be and they hereby are extended to include the approxi- mately 1.30 acres of annexation territory as shown on Exhibit A. Section 4. That the City Council of Dubuque does hereby certify that the City of Dubuque has complied with the notice and hearing requirements of the Iowa Code per- taining to voluntary annexation of territory outside an urbanized area of another city. Section 5. That if the City Development Board approves this annexation, the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 6. That the City Clerk shall file this resolution, all exhibits and the applications for voluntary annexation with the City Development Board of the State of Iowa in ac- cordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved and adopted this 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Sale of Property at 1501-1503 Bluff Street: Proof of publication on notice of public hearing to consider disposing of City -owned real property at 1501 - 1503 Bluff Street to Ethan D. and Valerie R. Winn and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 350-15 Disposing of City interest in real property located at 1501-03 Bluff Street in the City of Dubuque, Io- wa. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 350-15 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 1501-03 BLUFF STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 322-15, dated September 21, 2015, declared its intent to dispose of City interest in real property located at 1501-03 Bluff Street, legally described as: The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and 669 in the City of Dubuque, Iowa, according to the recorded plat thereof: 1501-03 Bluff Street (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on October 5, 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 Ethan D. and Valerie R. Winn 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; 21 Section 1. The purchase agreement by and between the City of Dubuque and Ethan D. and Valerie R. Winn for the sale of the Property, 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 Ethan D. and Valerie R. Winn. 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 5th day of October, 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. StartUp Dubuque Presentation: Greater Dubuque Development Corp. (GDDC) CEO Rick Dickinson introduced David Lyons, GDDC Sustainable Innovations Consult- ant, NICC President Dr. Liang Chee Wee and Cartegraph CEO Jake Schneider who provided a presentation on GDDC's StartUp Dubuque program, a concierge -level ser- vice that provides startup tools and resources for new businesses and entrepreneurs located in the Schmid Innovation Center, 900 Jackson St. Motion by Jones to receive and file the information. Seconded by Connors. Motion carried 7-0. 2. Donation of Sculptures: Correspondence from artist James Avery requesting that the City accept the donation of two transportation -themed sculptures for display inside a public building. Motion by Connors to receive and file the documents and accept the donation. Seconded by Braig. City Manager Van Milligen stated that the City has avail- able storage of the artwork until staff brings options for final display locations to the Council at a later date. Motion carried 7-0. 3. Upper Bee Branch Creek Mississippi River Trail Project Award: City Manager rec- ommending award of the construction contract for the Upper Bee Branch Creek Missis- sippi River Trail Project to the sole bidder, Portzen Construction, Inc., subject to Iowa Department of Transportation approval. Motion by Braig to receive and file the docu- ments and adopt Resolution No. 351-15 Awarding Public Improvement Contract for the Upper Bee Branch Creek Mississippi River Trail (MRT) Iowa DOT Project No. SB -IA - 2100(675) --7T-31. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 351-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE UPPER BEE BRANCH CREEK MISSISSIPPI RIVER TRAIL (MRT) IOWA DOT PROJECT NO. SB -IA - 2100(675) -7T-31 Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 15th day of September, 2015 and it has been determined that 22 Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $1,823,521.58 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 in the amount of $1,823,521.58 is hereby awarded to Portzen Construction, Inc., subject to the concurrence by Iowa De- partment of Transportation, 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 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Lake Eleanor Road Lift Station and Water Main Extension Project Award: City Manager recommending award of the construction contract for the Lake Eleanor Road Lift Station and Water Main Extension Project to the low bidder, Horsfield Construction, Inc. Motion by Lynch to receive and file the documents and adopt Resolution No. 352- 15 Awarding Public Improvement Contract for the Lake Eleanor Road Lift Station and Water Main Extension Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 352-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LAKE ELEANOR LIFT STATION AND WATER MAIN EXTENSION PROJECT Whereas, sealed proposals have been submitted by contractors for the Lake Eleanor Lift Station Water Main Extension Project (the Project) pursuant to Resolution No. 303- 15 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of September, 2015.Whereas, said sealed proposals were opened and read on the 24 day of September, 2015, and it has been determined that Horsfield Construction, Inc. of Epworth, Iowa, with a bid in the amount of $399,881.75, is the low- est 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 Horsfield Con- struction, 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 5th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Enhanced Neighborhood Support Report: City Manager submitting a status report on current community efforts to invest in people and neighborhoods to have a high qual- ity of life and preserve the ability of citizens to feel and be safe; and recommending modification of the City's current street lighting policy, and the addition of security cam- eras in the current and future fiscal years. Motion by Jones to receive and file the doc- uments and approve the recommendations. Seconded by Braig. Consensus among the City Council that public safety is inherent in all Council goals, Council and staff have 23 been committed over time to safety concerns and installing solutions, and that public safety includes proactive neighbors. City Engineer Gus Psihoyos and Housing and Community Development Director Alvin Nash addressed questions about street lighting affected by tree trimming and rental housing maintenance inspections. Council Member Lynch suggested staff meet with area mental health partners as part of the process. Mo- tion carried 6-1 with Sutton voting nay. 6. Request to Schedule Work Session on Enhanced Neighborhood Support: City Manager recommending approval to schedule a work session for October 19, 2015, at 5:00 p.m. on Enhanced Neighborhood Support. Motion by Braig to receive and file the documents and set the work session as recommended. Seconded by Resnick. Motion carried 7-0. 7. Request to Schedule Work Session on Project H.O.P.E.: City Manager recom- mending approval to schedule a work session for November 16, 2015, at 5:30 p.m. on Project H.O.P.E. Motion by Braig to receive and file the documents and set the work session as recommended. Seconded by Resnick. Motion carried 7-0. CLOSED SESSION Motion by Jones to convene in closed session at 8:09 p.m. to discuss pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second- ed by Connors. Motion carried 7-0. Upon motion the City Council reconvened in open session at 9:24 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:25 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 24