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12 7 15 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on December 7, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro -Tem Sutton; Council Members Braig, Connors, Jones, Lynch, Resnick; City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro -Tem Sutton 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 be- fore the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 6-0. 1. Minutes and Reports Submitted: Cable TV Commission of 10/14; City Council Pro- ceedings of 11/16; Historic Preservation Commission of 11/19; Library Board of Trus- tees Update of 11/19; Sister City Relationships Advisory Commission of 11/18; Zoning Board of Adjustment of 11/19; Proofs of Publication for City Council Proceedings of 11/2; Proofs of Publication for List of Claims and Summary of Revenues for Months Ending 9/20, 10/31 Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Matt Daykin for vehicle damage, Shannon Martin for property damage, Donna Moeller for personal injury. Upon motion the documents were received, filed and referred to the City Attorney. 3. SCADA Manhole Installation Project Award: City Manager recommending award of the construction contract for the 2015 SCADA (Flow Metering Stations) Manhole Instal- lation Project to the low bidder, Connolly Construction, Inc. Upon motion the documents were received and filed and Resolution No. 404-15 Awarding public improvement con- tract for the SCADA (Flow Metering Stations) Manhole Installation Project was adopted. RESOLUTION NO. 404-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SCADA (FLOW ME- TERING STATIONS) MANHOLE INSTALLATION PROJECT Whereas, sealed proposals have been submitted by contractors for the SCADA (flow metering stations) Manhole Installation Project (the Project) pursuant to Resolution No. 1 379-15 and Notice to Bidders published in a newspaper published in the City of Dubu- que, Iowa on the 6th day of November, 2015; and Whereas, said sealed proposals were opened and read on the 19th day of November, 2015, and it has been determined that Connolly Construction, Inc. of Peosta, Iowa with a bid in the amount of $127,339.97, 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 Top Grade Excavating, Inc. and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin Firnstahl, City Clerk 4. 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: Matt Daykin for vehicle damage; Shannon Martin for property damage; Betty Tigges for loses related to eminent domain. Upon motion the documents were re- ceived, filed and concurred. 5. Abstract of Votes - 2015 General Election: Dubuque County Supervisors submit- ting the Abstract of Votes from the November 3, 2015 General Election. Upon motion the documents were received and filed. STATE OF IOWA ABSTRACT OF VOTES Dubuque County, Iowa We, the undersigned Members of the Board of Supervisors and ex -officio County Board of Canvassers for this County, do hereby certify the following to be a true and correct abstract of the votes cast in this County at the MUNICIPAL ELECTION held on the 3rd day of November, 2015, as shown by the tally lists returned from the several election precincts. DUBUQUE CITY COUNCIL AT LARGE, Dubuque David Resnick Received two thousand seven hundred ninety-six (2796) votes Candidate Total: Two thousand seven hundred ninety-six (2796) votes Scattering: One hundred twenty-five (125) votes TOTAL: Two thousand nine hundred twenty-one (2921) votes We therefore declare: David Resnick duly elected for the office of Dubuque City Council At -large for the term of 4 years. DUBUQUE CITY COUNCIL WARD FOUR, Dubuque Jake Rios Received five hundred fifty (550) votes Lynn V. Sutton Received three hundred eleven (311) votes 2 Candidate Total: Eight hundred sixty-one (861) votes Scattering: Five (5) votes TOTAL: Eight hundred sixty-six (866) votes We therefore declare: Jake Rios duly elected for the office of DUBUQUE CITY COUN- CIL WARD FOUR for the term of 4 years. DUBUQUE CITY COUNCIL WARD TWO, Dubuque Karla A. Braig Received two hundred seventy-seven (277) votes Luis Del Toro Received seven hundred forty (740) votes Candidate Total: One thousand seventeen (1017) votes Scattering Two (2) votes TOTAL: One thousand nineteen (1019) votes We therefore declare: Luis Del Taro duly elected for the office of DUBUQUE CITY COUNCIL WARD TWO for the term of 4 years. IN TESTIMONY WHEREOF, we have hereunto set our hands and caused to be af- fixed the seal of this county by the Clerk of the Board of Supervisors. Done at Dubuque the county seat of Dubuque County, this 9th day of November, 2015. /s/Daryl Klein, Chair /s/Wayne Demmer /s/Tom Hancock Attest: /s/Denise M. Dolan, County Auditor and Clerk of the Board of Supervisors 6. Paragon Square and Marquette Place Senior Housing Projects - Letters of Com- mitment: City Manager recommending approval of two letters of financial support for senior housing projects in downtown Dubuque by Paragon Square Senior Housing, LLLP at 2887-2901 Central Avenue (former Holy Ghost School) and Marquette Hall, LLC at 2222 Queen Street (former Sacred Heart School). Upon motion the documents were received, filed and approved. 7. Acceptance of Asphalt Overlay Access Ramp Project One: City Manager recom- mending acceptance of the construction contract for the 2015 Asphalt Overlay Access Ramp Project One as completed by Midwest Concrete, Inc. Upon motion the docu- ments were received and filed and Resolution No. 405-15 Accepting the 2015 Asphalt Overlay Project Curb Access Ramps Project One and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 405-15 ACCEPTING THE 2015 ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PROJECT ONE AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2015 Asphalt Overlay Project Curb Access Ramps Project One (the Project) has been completed and the City Engi- neer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. 3 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 2015 Asphalt Overlay Project Curb Access Ramps appropriations for the contract amount of $50,153.54, less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2015 ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PROJECT ONE The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the 2015 Asphalt Overlay Project Curb Access Ramps Project One, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $50,153.54. Dated this 4th day of December, 2015. /s/ Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 4th day of December, 2015. /s/ Kevin Firnstahl, City Clerk 8. Acceptance of Asphalt Overlay Access Ramp Project Two: City Manager recom- mending acceptance of the construction contract for the 2015 Asphalt Overlay Access Ramp Project Two as completed by Midwest Concrete, Inc. Upon motion the docu- ments were received and filed and Resolution No. 406-15 Accepting the 2015 Asphalt Overlay Project Curb Access Ramps Project Two and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 406-15 ACCEPTING THE 2015 ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PROJECT TWO AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2015 Asphalt Overlay Project Curb Access Ramps Project Two (the Project) has been completed and the City Engi- neer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 2015 Asphalt Overlay Project Curb Access Ramps Project Two appropriations for the 4 contract amount of $75,604.43, less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin Firnstahl, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2015 ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PROJECT TWO The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the 2015 Asphalt Overlay Project Curb Access Ramps Project Two, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $75,604.43. Dated this 4th day of December, 2015. /s/ Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 4th day of December, 2015. /s/ Kevin Firnstahl, City Clerk 9. Acceptance of Asphalt Overlay Access Ramp Project Three: City Manager rec- ommending acceptance of the construction contract for the 2015 Asphalt Overlay Ac- cess Ramp Project Three as completed by Midwest Concrete, Inc. Upon motion the documents were received and filed and Resolution No. 407-15 Accepting the 2015 As- phalt Overlay Project Curb Access Ramps Project Three and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 407-15 ACCEPTING THE 2015 ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PROJECT THREE AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2015 Asphalt Overlay Project Curb Access Ramps Project Three (the Project) has been completed and the City Engi- neer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 2015 Asphalt Overlay Project Curb Access Ramps Project Three appropriations for the contract amount of $111,403.87, less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin Firnstahl, City Clerk 5 CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2015 ASPHALT OVERLAY PROJECT CURB ACCESS RAMPS PROJECT THREE The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the 2015 Asphalt Overlay Project Curb Access Ramps Project Three, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $111,403.87. Dated this 4th day of December, 2015. /s/ Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 4th day of December, 2015. /s/ Kevin Firnstahl, City Clerk 10. Acceptance of SRF Green Alley Project Bid Set 1 - Year 2: City Manager recom- mending acceptance of the construction contract for the SRF Green Alley -Bid Set 1 Year 2 Project as completed by Drew Cook and Sons Excavating and adopting the Final Schedule of Assessments. Upon motion the documents were received and filed and Resolution No. 408-15 Accepting the SRF Green Alley Project - Bid Set 1 Year 2 and authorizing the payment of the contract amount to the contractor; and Resolution No. 409-15 Adopting the Final Assessment Schedule for the SRF Green Alley Project Bid Set 1 Year 2 were adopted. RESOLUTION NO. 408-15 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 1 YEAR 2 AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 1 Year 2 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the SRF Green Alley Project fund for the contract amount of $862,667.43 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN ALLEY PROJECT - BID SET 1 YEAR 2 The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the SRF Green Alley Project - Bid Set 1 Year 2, that the Project has been 6 performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $992,067.54. Dated this 4th day of December, 2015. /s/ Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 4th day of December, 2015. /s/ Kevin Firnstahl, City Clerk RESOLUTION NO. 409-15 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 1 YEAR 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 3 inclusive, is hereby approved for the SRF Green Alley Pro- ject - Bid Set 1 Year 2. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi- cation once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second pub- lication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments of $500.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%) computed to December 1 next fol- lowing the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Delin- quent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 7 SCHEDULE OF ASSESSMENTS SRF GREEN ALLEY PROJECT - BID SET 1 YEAR 2 DATE: DECEMBER 11, 2015 The following schedule is hereby determined to show each lot proposed to be as- sessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. PARCEL NUMBER; PROPERTY OWNER NAME; LOT DESCRIPTION; STREET ADDRESS; VALUATION WITH IMPROVEMENT; NET PAVING IMPROVEMENT COST; NET PAVING IMPROVEMENT DEFICIENCY; TOTAL PUBLIC IMPROVEMENT COST; VOLUNTARY ASSESSMENT; TOTAL NET ASSESSMENT UNIVERSITY TO GRANDVIEW BETWEEN UNIVERSITY AND DELHI 1026212005; Holy Trinity Lutheran Church Of Dubuque; Lots 14 & 15 in Morheisers Sub; 1730 UNIVERSITY; $13,218.74; $948.74; $0.00; $948.74; $948.74 1026212006; HOLY TRINITY LUTHERAN CHURCH; Lot 16 Morheisers Sub 1710- 1710 1/2 UNIVERSITY; 1710 UNIVERSITY AVE; $88,469.40; $749.40; $0.00; $749.40; $749.40 1026212007; K&T Real Estate LLC; Lot 17 Morheisers Sub; 1690 University Ave; $85,750.22; $870.22; $0.00; $870.22; $870.22 1026212008; K&T Real Estate LLC; Lot 18 Morheisers Sub; 1670 University Ave; $87,430.24; $970.24; $0.00; $970.24; $970.24 1026212009; K&T Real Estate LLC; Lot 19 Morheiser Sub; 1660 University Ave; $120,496.20; $1,056.20; $0.00; $1,056.20; $1,056.20 1026212010; Holy Trinity Lutheran Church; Lot 1 Schwind Homestead; 1797 Delhi; $24,356.32; $2,636.32; $0.00; $2,636.32; $2,636.32 1026212011; Holy Trinity Lutheran Church; Lot 2 Sub of Lots 4 & 5 & 1-1-6 & 2-7 & 2-1-7 Sub of Lot 45 of Morheisers Add; Delhi; $369,993.92; $1,623.92; $0.00; $1,623.92; $1,623.92 1026212012; Holy Trinity Lutheran Church; Lot 3 Morheisers Sub; Delhi; $10,390.46; $2,590.46; $0.00; $2,590.46; $2,590.46 1026212013; Holy Trinity Lutheran Church; Lot 1-2, Lot 1-2-1, & Lot 2-1-1 all in Morheisers Sub; 1739 Delhi; $1,029,025.57; $1,325.57; $0.00; $1,325.57; $17,352.00; $18,677.57 1026212014; Kane, Thomas P & Julie M; Lot 1-1-1, Lot 2-2-1, Lot 2-2 all In Morheisers Sub; 1725 Delhi St; $91,136.59; $486.59; $0.00; $486.59; $486.59 1026212018; JDK Real Estate LLC; Lots 1-6-12 & 2-6-12 both of Min Lot 172 & Lot 2-1 Rigis Sub & Lot 1-1-1 Rigis Sub; 1705 Delhi ST; $348,809.50; $1,369.50; $0.00; $1,369.50; $1,369.50 AVOCA TO ALGONA BETWEEN GRANDVIEW AND GREEN 1023376001; Ripperger, David J. & O'Connor, Carrie L.; E 28' of W 50' of W 100' of Lot 2 of Min Lot 179 & Lot A of E 28' of W 50' of W100' of Lot 2 of Min Lot 179; 1975 N Grandview Ave; $96,474.34; $704.34; $0.00; $704.34; $704.34 1023376002; Rubio Jr, Teodoro & Kimberly E; E 50' of W 100' of Lot 2 of Min Lot 179; 1961 N Grandview Ave; $115,166.20; $1,006.20; $0.00; $1,006.20; $1,006.20 1023376003; Hoffman, William J & Julia A; W 50' of E 100' of Lot 2 of Mineral Lot 179; 1955 N Grandview Ave; $105,736.20; $1,006.20; $0.00; $1,006.20; $1,006.20 8 1023376004; Merritt, Florence G; E 50' of E 100' of Lot 2 of Min Lot 179; 1945 N Grandview Ave; $85,606.20; $1,006.20; $0.00; $1,006.20; $1,006.20 1023376005; Queck Capital Management LLC; W 50' of Lot 3 of Min Lot 179; 1935 N Grandview Ave; $118,986.20; $1,006.20; $0.00; $1,006.20; $1,006.20 1023376006; Dix, Richard H & Patricia A; Lot 2 of E 150' of 3 of Min Lot 179; 1933 N Grandview Ave; $100,266.20; $1,006.20; $0.00; $1,006.20; $1,006.20 1023376007; Benn, Robert T; Lot 1-1 of E 150' of 3 of Min Lot 179 & LOT 2-1 of E 150' of 3 of Min Lot 179; 1921 N Grandview Ave; $89,582.48; $402.48; $0.00; $402.48; $402.48 1023376009; Wiezorek, William R & Carolyn; Lot 1-1 Leo Fonck Place 1850-1850 1/2 Avoca; 1850 Avoca St; $109,298.48; $2,478.48; $0.00; $2,478.48; $2,478.48 1023376013; Freiburger, Tammy M; Lot 11 & E 10' of Lots 7 & 8 Mills West Dubu- que; 2145 Green St; $114,081.08; $1,191.08; $0.00; $1,191.08; $1,191.08 1023376014; Mcdermott, Tara L; Lot 12 Mills West Dubuque; 2135 Green St; $99,472.51; $1,182.51; $0.00; $1,182.51; $1,182.51 1023376015; Otterbeck, Nancy K; Lot 13 Mills West Dubuque; 2125 Green St; $90,522.51; $1,182.51; $0.00; $1,182.51; $1,182.51 1023376016; Schwartz, Elizabeth; Lot 14 & W 30' Lot 15 Mills West Dubuque; 2115 Green St; $136,143.00; $473.00; $0.00; $473.00; $473.00 PRAIRIE TO WALNUT BETWEEN CHESTNUT AND 11 ST 1024380002; Breitbach, Robert L & Catherine R; Lots 5 & 6 Hetheringtons Sub; Prai- rie; $13,480.48; $3,493.00; -$122.52; $3,370.48; $3,247.96 1024380003; Swift, Charles M & Eagle, Debra D; Lot 4 Hetheringtons Sub; 695 W 11th St; $89,021.30; $1,021.30; $0.00; $1,021.30; $1,021.30 1024380004; Drahozal,Steven & Allison; Lot 3 Hetheringtons Sub; 683 W 11th St; $93,641.30; $1,021.30; $0.00; $1,021.30; $1,021.30 1024380005; Highlands of Dubuque LC; Lot 2 Hetheringtons Sub 663-675 W 11th St; 663 W 11th St; $171,011.30; $1,021.30; $0.00; $1,021.30; $1,021.30 1024380006; Whetsell, Michael C & Leah L; Lot 1 Hetheringtons Sub; 653 W 11th St; $118,931.30; $1,021.30; $0.00; $1,021.30; $1,021.30 11. Acceptance of Sanitary Sewer Main Improvements - Arbor Estates No. 2: City Manager recommending acceptance of the public improvements that the developer, Riverdream Properties LLC, has recently completed in Arbor Estates No. 2. Upon mo- tion the documents were received and filed and Resolution No. 410-15 Accepting public improvements in Arbor Estates No. 2 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 410-15 ACCEPTING PUBLIC IMPROVEMENTS IN ARBOR ESTATES NO. 2 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Sanitary Sewer Construction Agreement dated July 29, 2015, certain public improvements including sanitary sewer, were installed by the developer of Arbor Estates No. 2 in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined 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 conformance with City 9 specifications, and has recommended that the improvements be accepted 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 public improvements in Arbor Estates No. 2 be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, Riverdream Properties LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 12. Acceptance of Fire Station #4 Improvements - Mechanical & Restroom Upgrade Project: City Manager recommending acceptance of the construction contract for the Fire Station #4 Improvements — Mechanical and Restroom Upgrade Project, as com- pleted by Maryville Construction Company. Upon motion the documents were received and filed and Resolution No. 411-15 Accepting the Fire Station No. 4 - Mechanical & Restroom Upgrade Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 411-15 ACCEPTING THE FIRE STATION NO. 4 — MECHANICAL & RESTROOM UPGRADE PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Fire Station No. 4 — Mechanical & Restroom Upgrade Project (the Project) has been completed by the Contractor, Maryville Construction (Contractor), the City Engineer has examined the work and rec- ommends that the Project be accepted; and Whereas, the final contract amount for the Project is $222,398.00; and Whereas, the Contractor has previously been paid $222,398.00, leaving a balance of $0.00; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE FIRE STATION NO. 4 - MECHANICAL & RESTROOM UPGRADE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he has inspected the Fire Station No. 4 - Mechanical & Restroom Upgrade Project, and the said Project has been performed in compliance with the terms of the Public Improve- ment Contract, and that the total cost of the completed work is $222,398.00. 10 Dated this 30th day of November, 2015 /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk in the 3nd day of December, 2015. /s/Kevin S. Firnstahl, City Clerk 13. Acceptance of Public Roadway Improvements at John F Kennedy Road and West 32nd Street: City Manager recommending acceptance of the public roadway im- provements that the developer, Kivlahan Farms L.C., has recently completed at the in- tersection of John F. Kennedy Road and West 32nd Street. Upon motion the documents were received and filed and Resolution No. 412-15 Accepting public roadway improve- ments at JFK Road and West 32nd Street in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 412-15 ACCEPTING PUBLIC ROADWAY IMPROVEMENTS AT JFK ROAD AND WEST 32ND STREET IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to an Agreement dated April 17, 2015 and approved by City Council Resolution No. 314-15 on September 8, 2015, certain public roadway improve- ments, including turn lanes, concrete median, crosswalks, curb ramps, and appurte- nances were installed by the developer of Arbor Estates No. 2 in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined 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 conformance with City specifications, and has recommended that the improvements be accepted 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 public roadway improvements at the intersection of JFK Road and West 32nd Street be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, Kivlahan Farms L.C., for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 14. Weaver Castle, LLC Amendment to Development Agreement for 1576-1578-1580 Locust Street: City Manager recommending approval of the Second Amendment to De- velopment Agreement with Weaver Castle, LLC for 1576-1578-1580 Locust Street ex- tending the completion date to April 30, 2016. Upon motion the documents were re- ceived and filed and Resolution No. 413-15 Approving the Second Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC, was adopted. 11 RESOLUTION NO. 413-15 APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) en- tered into a Development Agreement dated for reference purposes the 6th day of April, 2014 for the redevelopment of the property at 1576-1578-1580 Locust Street; and Whereas City and Developer now desire to amend the Development Agreement as set forth in the First Amendment to Development Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Second Amendment to Develop- ment Agreement. Section 2. The Mayor is authorized and directed to sign the First Amendment to De- velopment Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 15. Weaver Castle, LLC Amendment to Development Agreement for 324-326 W. Lo- cust Street: City Manager recommending approval of the Second Amendment to Devel- opment Agreement with Weaver Castle, LLC to allow the developer to be paid the Downtown Housing Incentive for an additional apartment at 324-326 W. Locust Street. Upon motion the documents were received and filed and Resolution No. 414-15 Ap- proving the Second Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC was adopted. RESOLUTION NO. 414-15 APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) en- tered into a Development Agreement dated for reference purposes the 1st day of April, 2013 for the redevelopment of the property at 324-326 West Locust Street; and Whereas City and Developer now desire to amend the Development Agreement as set forth in the Second Amendment to Development Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Second Amendment to Develop- ment Agreement. Section 2. The Mayor is authorized and directed to sign the Second Amendment to Development Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 12 16. Appeal of Claim by Frank Vlach: City Attorney recommending denial of the ap- peal of a claim against the City by Frank Vlach for vehicle damage. Upon motion the documents were received, filed and concurred. 17. Sewershed 10 Corrective Action Plan and Submittal of Reports: City Manager recommending approval of and authorization for the City Manager to certify the Correc- tive Action Plan for Sewershed 10 and submittal of the certified report to the U.S. De- partment of Justice, U.S. Environmental Protection Agency and the Iowa Department of Natural Resources. Upon motion the documents were received, filed and approved. 18. Swimming Pool Concessions Staffing: City Manager recommending approval of the addition of staffing in the amount of .479 Full Time Equivalent (FTE's) for Fiscal Year 2016 and 1.44 FTE's in the future budgets for the purpose of operating the con- cession stands at Flora and Sutton Pools. Upon motion the documents were received, filed and approved. 19. Water Department - Request to Create a Separate Civil Service Classification: City Manager recommending approval to eliminate one Equipment Operator II position and create one Water Distribution Equipment Operator position in the Water Depart- ment. Upon motion the documents were received, filed and approved. 20. Freshwater Mussels and the Renewal of the Dubuque Ice Harbor: City Manager transmitting information from the U.S. Fish and Wildlife Service Midwest Region about Freshwater Mussels and the renewal of the Dubuque Ice Harbor. Upon motion the doc- uments were received and filed. 21. Dubuque Intermodal Transportation Center (DITC) Signage: Historic Preservation Commission recommending approval of the internally illuminated electronic message center sign for the DITC parking ramp, as submitted, with suggestions. Upon motion the documents were received, filed and approved. 22. Holy Family School District - DARE Agreement: City Manager recommending ap- proval of the Fiscal Year 2015/2016 Drug Abuse Resistance Education (DARE) Agree- ment between the City of Dubuque Police Department and the Holy Family School Dis- trict. Upon motion the documents were received, filed and approved. 23. Bee Branch Creek Flood Control Pumping Station Gates and Primary Electrical Service Replacement Project: City Manager recommending the City enter into an agreement with IIW, P.C. for design and engineering services, including the alternative design analysis, for the Bee Branch Flood Control Pumping Station Gates and Primary Electrical Service Replacement Project. Upon motion the documents were received, filed and approved. 24. U.S. EPA Urban Waters Small Grant Application: City Manager recommending approval of an application for U.S. EPA Urban Waters Small Grant in order to secure funding to identify the source of the E. coli bacteria found in the Bee Branch Creek and 13 establishing the City Manager as an authorized representative of the City regarding the grant. Upon motion the documents were received and filed and Resolution No. 415-15 Approving an application for water monitoring and establishing the City Manager as an authorized representative regarding the agreement between the U.S. Environmental Protection Agency and the City of Dubuque, Iowa for Urban Waters Small Grant was adopted. RESOLUTION NO. 415-15 APPROVING AN APPLICATION FOR WATER MONITORING AND ESTABLISHING THE CITY MANAGER AS AN AUTHORIZED REPRESENTATIVE REGARDING THE AGREEMENT BETWEEN THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND THE CITY OF DUBUQUE, IOWA FOR A URBAN WATERS SMALL GRANT Whereas, urban stormwater pollution is a common threat to any urban stream; and Whereas, the US EPA has announced a funding opportunity for urban waters; and Whereas, identifying the source of bacteria can help to determine appropriate best management practices. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The Mayor is authorized to sign and submit an application to the EPA for monitoring bacteria within the Bee Branch Creek. Section 2. The City Manager is hereby authorized to act as an authorized representa- tive on the Environmental Protection Agency grant agreement and may execute any documents required by the agreement as the Environmental Protection Agency may reasonably request. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 25. Total Administrative Services Corporation Flexible Spending Plan Fee Renewal: City Manager recommending approval of the administrative services fee proposed by Total Administrative Services Corporation for the flexible spending plan effective Janu- ary 1, 2016, through December 31, 2016. Upon motion the documents were received, filed and approved. 26. Iowa Scenic Byways Jurisdiction Agreement: City Manager recommending au- thorization for the Mayor to execute a Jurisdiction Agreement with the Iowa Department of Transportation for the Iowa Scenic Byways Program to remove and replace the Iowa Great River Road signs. Upon motion the documents were received and filed and Reso- lution No. 416-15 Approving a Jurisdiction Agreement between the City of Dubuque and the Iowa Department of Transportation for the Iowa Scenic Byways Program to remove and replace the Iowa Great River Road signs was adopted. 14 RESOLUTION NO. 416-15 APPROVING A JURISDICTION AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE IOWA SCENIC BYWAYS PROGRAM TO REMOVE AND REPLACE THE IOWA GREAT RIVER ROAD SIGNS Whereas, the City and Iowa Department of Transportation (Iowa DOT) desire to exe- cute a Jurisdiction Agreement for the Iowa Scenic byways program to remove and re- place the Iowa Great River Road signs; and Whereas, the purpose of the Jurisdiction Agreement is to confirm the responsibilities of the Iowa DOT and the local jurisdictions that host byways with regard to byway sign- age. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City hereby agrees to execute the Jurisdiction Agreement with the Io- wa DOT for the Iowa Scenic byways program to remove and replace the Iowa Great River Road signs. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 27. SW Arterial Supplemental Agreement No. 15: City Manager recommending au- thorization for the City Manager to execute the Consultant Professional Services — Sup- plemental Agreement with AECOM Technical Services, Inc. for the final engineering de- sign phase of the Southwest Arterial Project, subject to the concurrence of the Iowa De- partment of Transportation. Upon motion the documents were received and filed and Resolution No. 417-15 Approving the Consultant Professional Services - Supplemental Agreement No. 15 between AECOM Technical Services, Inc., and the City of Dubuque for the completion of final engineering design phase of the Southwest Arterial Project was adopted. RESOLUTION NO. 417-15 APPROVING THE CONSULTANT PROFESSIONAL SERVICES - SUPPLEMENTAL AGREEMENT NO. 15 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE CITY OF DUBUQUE FOR THE COMPLETION OF FINAL ENGINEERING DESIGN PHASE OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from U.S. Highway 20 to U.S. Highway 61/151, in Dubuque, Iowa; and Whereas, as a result of proposed design and plan modifications, the original scope of services needs to be revised to reflect modifications to previously -completed design el- ements, as well as new tasks which are required to continue to advance the completion of the final engineering design phase; and Whereas, the Consultant Professional Services - Supplemental Agreement authoriz- es AECOM to provide the revised scope of services to continue to advance the comple- tion of the final engineering design phase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 15 Section 1. That said Consultant Professional Services - Supplemental Agreement No. 15 between AECOM Technical Services, Inc. and the City of Dubuque for the final engi- neering design phase of the Southwest Arterial project is hereby approved, subject to the concurrence of the Iowa Department of Transportation. Section 2. That the City Manager be authorized and directed to execute three copies of said Consultant Professional Services - Supplemental Agreement No. 15 with AECOM Technical Services, Inc. for the final engineering design phase of the South- west Arterial project. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 28. Civil Service Commission: Civil Service Commission submitting the Certified Lists for the positions of Firefighter and Mechanic. Upon motion the documents were re- ceived, filed and make a Matter of Record. December 7, 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 Fire Entry was administered on September 26, 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 for eighteen (18) months from the above date. Firefighter 1. Bradley Soat 2. Jeffrey Pregler 3. Robert Reed 4. Ross Dillavou 5. Gilbert June 6. Nicky Metz 7. Scott Brachman 8. Kyle Reinert 9. Ryan Wheeler 10. William Sullivan 11. Jeffrey Schmitt 12. Jeremy Vondal 13. Collin Riley 14. Joseph Long 15. Amanda Grap 16. Christopher Grue 17. Jacob Fiedler 18. Alexander Miller 19. Joseph Schmitt 20. Jayson Wagner 21. Michael Luksetich 16 22. Mitchell Nachreiner 23. Robert Cole Respectfully submitted, /s/ Dan White, Chairperson Civil Service Commission November 5, 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 Mechanic was administered on October 21, 2015. We hereby certify that the individ- uals listed below have passed this written examination and the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. Mechanic 1. Robert Benn 2. Jeffrey Davis, Jr. 3. Steven Schulz 4. Randall Lester 5. David Nauman 6. Zachary Arnold 7. Eric Curler 8. Robert Hall 9. Nick Henkel 10. Kevin Smith 11. Michael Hathaway 12. Michael Simon 13. Donald Bates III 14. Timothy Miller 15. Joseph Hayes Respectfully submitted, /s/ Dan White, Chairman Civil Service Commission 29. Community Development Block Grant (CDBG) Annual Action Plan Fiscal Year 2016 Amendment 2: City Manager recommending approval of the FY 2016 Community Development Block Grant Annual Action Plan — Amendment 2 that reallocates funds from the prior FY 2015 Annual Plan into the FY 2016 Annual Plan and reprograms funds for existing and new projects. Upon motion the documents were received and filed and Resolution No. 418-15 Approving Fiscal Year 2016 (Program Year 2015) An- nual Action Plan Amendment 2 for Community Development Block Grant (CDBG) Funds was adopted. 17 RESOLUTION NO. 418-15 APPROVING FISCAL YEAR 2016 (PROGRAM YEAR 2015) ANNUAL ACTION PLAN AMENDMENT 2 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Years 2016; and Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocating funds between existing activities and providing funds for new activities; and Whereas, said amendment is a substantial amendment as provided in the City's Citi- zen Participation Plan and therefore must be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City made available for public comment said Annual Action Plan on October 16, 2015 and advertised a 30 day public comment period ending No- vember 18, 2015; and Whereas, the Community Development Advisory Commission reviewed said amend- ment during a public hearing on November 18th, 2015 and voted to approve said amend- ment and recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plan for Fiscal Years 2015 and 2016 are hereby rescinded and the balance of funds from these plans are incorporated into a Fiscal Year 2016 (Program Year 2015) Annual Action Plan — Amendment 2, attached hereto as Ex- hibit A. Section 2. That said Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 2 attached hereto as Exhibit A is hereby approved. Section 3. That the City Manager is hereby authorized and directed to submit a copy of this resolution and amendment to the U.S. Department of Housing and Urban De- velopment. Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 30. Fiscal Year 2017 Annual TIF Report: City Manager transmitting the Annual Tax Increment Financing Report for Fiscal Years 2017 that has been filed with Dubuque County Auditor Denise Dolan. Upon motion the documents were received and filed. 31. State of Iowa Annual Financial Report FY 2015: City Manager recommending approval of the City of Dubuque Fiscal Year 2015 Annual Financial Report. Upon mo- tion the documents were received, filed and approved. 32. South Fork Streambank Restoration Project: City Manager recommending the award of the South Fork Streambank Project to MSA Professional Services for the pur- poses of survey, design and construction inspections. Upon motion the documents were received, filed and approved. 18 33. Improvement Contracts / Performance, Payment and Maintenance Bonds: IDOT/Portzen Construction for the Upper Bee Branch Creek Mississippi River Trail; Top Grade Excavating, Inc., for the 2015 Sewershed 7 & 10 Brick Manhole Replacement Project. Upon motion the documents were received, filed and approved. 34. Alcohol Compliance Civil Penalty for Alcohol License Holder — Neighbor's Tap: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Neighbor's Tap, 1899 Rockdale Road. Upon mo- tion the documents were received, filed and approved. 35. Alcohol Compliance Civil Penalty for Alcohol License Holder — Pizza Hut #4691: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Pizza Hut #4691, 320 East 20th Street. Upon mo- tion the documents were received, filed and approved. 36. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 419-15 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 419-15 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: Renewal Happy's Place, 2323 Rockdale Rd., Class C Liquor (Sunday) Holiday Inn Dubuque Five Flags, 450 Main St., Class B Liquor (Sunday) Hy -Vee C Store #1, 3270 Dodge St., Class C Beer, Class B Wine (Sunday) Hy -Vee #2, 2395 NW Arterial, Class E Liquor, Class B Wine, Class C Beer (Sunday) Inspire Cafe, 955 Washington St. Suite 105, Class C Liquor (Sunday) Kwik Stop Food Mart, 2320 Gateway Dr., Class C Beer, Class B Native Wine (Sunday) Pepper Sprout, Inc., 378 Main St., Class C Liquor 19 Steve's Ace Home & Garden, 3350 JFK Rd., Class B Native Wine (Sunday) New Casey's General Store #3473, 1072 Cedar Cross Rd., Class E Liquor, Class B Native wine, Class C Beer (Sunday) Catfish Charlie's, 1630 E. 16th St., Brew Pub also High Proof Brew Pub Dungeon, 302 Locust St., Class C liquor (Sunday) Java Joes Coffee House, 342 Main St., Class C liquor, Class B Wine (Catering) (Sun- day) Passed, approved and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro -Tem 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 6-0. 1. General Obligation Bond Series 2016ABC - General Corporate Purpose: City Manager recommending that a public hearing be set for December 21, 2015, on the proposition of selling not to exceed $505,000 in Tax -Exempt General Obligation Bonds, the proceeds of which will be used to pay costs of roof improvements to the Historic Federal Building and tuck -pointing at the Ham House. Upon motion the documents were received and filed and Resolution No. 420-15 Fixing date for a meeting on the proposi- tion of the issuance of not to exceed $505,000 General Obligation Bonds of the City of Dubuque, State of Iowa (for General Corporate Purposes), and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 21, 2015 in the Historic Federal Building. RESOLUTION NO. 420-15 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $505,000 GENERAL OBLIGATION BONDS OF THE CITY OF DUBUQUE, STATE OF IOWA (FOR GENERAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $505,000, as authorized by Section 384.26, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out general corporate purpose projects as hereinafter de- scribed; and Whereas, the Issuer has a population of more than 5,000 but not more than 75,000, and the Bonds for these purposes do not exceed $700,000; and WHEREAS, before the Bonds may be issued, it is necessary to comply with the pro- visions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to issue such Bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, STATE OF IOWA: 20 That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubu- que, Iowa, at 6:30 P.M., on the 21st day of December, 2015, for the purpose of taking action on the matter of the issuance of not to exceed $505,000 General Obligation Bonds, for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of improvement and equipping of the Federal Building and Ham House and shall bear interest at a rate not exceeding the maximum specified in the attached notice. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. The notice of the proposed action to issue bonds shall be in substantially the [provid- ed] form. Passed and approved this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 2. General Obligation Bonds Series 2016BC - Essential Corporate Purpose: City Manager recommending that a public hearing be set for December 21, 2015, on the proposition of selling not to exceed $15,555,000 in Tax -Exempt General Obligation Bonds, the proceeds of which will be used to pay costs of Airport New Terminal im- provements, sanitary sewer improvements, water system improvements, and refund previously issued general obligation bonds. Upon motion the documents were received and filed and Resolution No. 421-15 Fixing date for a meeting on the proposition of the issuance of not to exceed $15,555,000 General Obligation Bonds of the City of Dubu- que, State of Iowa (for Essential Corporate Purposes), and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on December 21, 2015 in the Historic Federal Building. RESOLUTION NO. 421-15 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $15,555,000 GENERAL OBLIGATION BONDS OF THE CITY OF DUBUQUE, STATE OF IOWA (FOR ESSENTIAL CORPORATE PURPOSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $15,555,000, as authorized by Section 384.25, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and Whereas, before the Bonds may be issued, it is necessary to comply with the provi- sions of the Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of the City to such action. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF DUBUQUE, STATE OF IOWA: That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 P.M., on the 21st day of December, 2015, for the purpose of taking action on the matter of the issuance of not to exceed $15,555,000 General Obligation Bonds, for essential corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of: a) the opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys and public grounds; b) the acquisition, construction, reconstruction, extension, improvement, and equip- ping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner and for the collection and dis- posal of surface waters and streams; c) the reconstruction, extension and improvement of an airport owned or operated by the city; d) the acquisition, construction, reconstruction, improvement, repair, and equipping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a city; and e) settlement, adjustment, renewing, or extension of any part or all of the legal in- debtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance. To the extent any of the projects or activities described in this resolution may be rea- sonably construed to be included in more than one classification under Division III of Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pur- suant to Section 384.28 of the Code of Iowa. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. The notice of the proposed action to issue bonds shall be in substantially the [provid- ed] form. Passed and approved this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Mechanical Board: One, 3 -year term through March 16, 2016 (Vacant term of Kelly). Applicant - Dan Hillary, 3087 Arbor Oaks. Mr. Hillary spoke in support of his ap- pointment. 22 2. Mediacom Charitable Foundation: One, 1 -year term through December 31, 2016 (Expired terms of Chavenelle). Applicant - Gail Chavenelle, 1155 Kelly Lane. 3. Transit Advisory Board: One, 3 -year term through July 30, 2017 (Vacant term of Stedman). Applicants: Joel Lightcap, 1985 Alta Vista St., and Dora Serna, 2160 Marion St. Ms. Serna spoke in support of her appointment. 4. Zoning Board of Adjustment: One, 5 -year term through March 25, 2020 (Expired term of Bird). Applicants: Keith Ahlvin, 264 S. Grandview; and Eugene Bird, 3985 Mount Vail Ridge. Mr. Ahlvin spoke in support of his appointment. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update: GDDC President and CEO Rick Dickinson provided a verbal report on the activities of the Greater Dubu- que Development Corporation. Topics included recognizing the passing of community member Bob Peacock; thanking out -going Council Members Braig and Sutton for their service; meeting or exceeding the NEXT Campaign goals of job creation; average wage; residential/commercial construction; and population growth; Mr. Dickinson re- sponded to questions related to Access Dubuque Jobs web redesign; talent recruitment efforts; job skills education; downtown crime concerns, trends in economic development and potential budget savings. Motion by Lynch to receive and file the information. Se- conded by Braig. Motion carried 6-0. 2. Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project Award: City Manager recommending award of the construction contract for the Bee Branch Creek — Basin Overlook & 22nd Street Parking Lot Project to the low bidder, Portzen Construc- tion, Inc., subject to Iowa Department of Transportation approval. Motion by Connors to receive and file the documents and adopt Resolution No. 422-15 Awarding the public improvement contract for the Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project, Iowa DOT Project No. TAP -U-2100(683)--81-31. Seconded by Jones. City Manager Van Milligen and City Engineer Gus Psihoyos responded to questions regard- ing providing update reports to the City Council and how IDOT involvement effects the design and bidding process. Motion carried 6-0. RESOLUTION NO. 422-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE BEE BRANCH CREEK — BASIN OVERLOOK & 22ND STREET PARKING LOT PROJECT, IOWA DOT PRO- JECT NO. TAP -U -2100(683)--8I-31 Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 17th day of November, 2015 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $1,420,509.10 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 $1,420,509.10 is hereby awarded to Portzen Construction, Inc., subject to the concurrence by Iowa De - 23 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 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 3. Transit Bus Storage Facility Project Consultant Selection: City Manager recom- mending approval of the selection of Kueny Architects to provide architectural design, engineering and construction administration services for the City of Dubuque — Transit Bus Storage Facility Project and provide authority to negotiate an agreement and exe- cute a contract. Motion by Braig to receive and file the documents and approve the rec- ommendation. Seconded by Jones. Transit Manager Candace Eudaley responded to questions regarding the process of using a selection committee and requirements of the FTA. Motion carried 6-0. 4. EPA Brownfield Area -Wide Planning Grant - Service Contract: City Manager rec- ommending approval to enter into a contract with Shive Hattery, Inc., for the administra- tion of the 2015 Environmental Protection Agency Brownfields Area -Wide Planning Co- operative Agreement. Motion by Lynch to receive and file the documents and adopt Resolution No. 423-15 Authorizing the City Manager to negotiate a contract with Shive Hattery, Inc., for grant administration for the 2015 Environmental Protection Agency Brownfields Area -Wide Planning Cooperative Agreement. Seconded by Connors. Mo- tion carried 7-0. RESOLUTION NO. 423-15 AUTHORIZING THE CITY MANAGER TO NEGOTIATE A CONTRACT WITH SHIVE HATTERY, INC. FOR GRANT ADMINISTRATION FOR THE 2015 ENVIRONMENTAL PROTECTION AGENCY BROWNFIELDS AREA -WIDE PLANNING COOPERATIVE AGREEMENT Whereas, the City of Dubuque, Iowa has been awarded $200,000 for an Area -Wide Planning Grant from the Environmental Protection Agency as part of a Brownfields Co- operative Agreement; and Whereas, the City of Dubuque published a request for proposals for a professional services agreement for grant administration; and Whereas, the City Manager has recommended Shive Hattery, Inc. as the most quali- fied firm to perform the work outlined in the request for proposals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Manager is hereby authorized to negotiate a contract for ser- vices with Shive Hattery, Inc. for the administration of the 2015 Environmental Protec- tion Agency Brownfields Area -Wide Planning Cooperative Agreement subject to City Council approval. Passed, approved, and adopted this 7th day of December, 2015. Lynn V. Sutton, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 24 5. 100 Resilient Cities Challenge: City Manager recommending approval of the City of Dubuque's application to the Rockefeller Foundation's 100 Resilient Cities Challenge. Motion by Connors to receive and file the documents and approved the recommenda- tion. Seconded by Jones. City Manager Van Milligen responded to questions regarding the definition of resiliency, relation to City Council goals and the comparison between the resiliency officer position required by the grant and the City's current sustainability coordinator. Motion carried 5-1 with Resnick voting nay. 6. Code of Ordinances Amendment - Title 10 Public Ways and Property Permit Re- quirements: City Manager recommending approval of an ordinance revising Section 10- 3D-2 Permit Requirements; Fees, authorizing the City Manager to establish the fee amounts for accessibility -related encroachments or encroachments that benefit the pub- lic. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. City Manager Van Milligen responded to questions regarding similar processes of other cit- ies and the potential burden on the City Manager or his successor. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 73-15 Amend- ing City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3 Encroachments on Public Places, Article D other Encroachments, Section 10-3D-2 Permit Requirements; Fees to clarify how fees are set and for consistency with other codes. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 73-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 3 ENCROACHMENTS ON PUBLIC PLACES, ARTICLE D OTHER ENCROACHMENTS, SECTION 10-3D-2 PERMIT REQUIREMENTS; FEES TO CLARIFY HOW FEES ARE SET AND FOR CONSISTENCY WITH OTHER CITY CODES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-3D-2 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3D-2: PERMIT REQUIREMENTS; FEES: A. Permit Required: No person, firm or corporation shall place and/or maintain any encroachment not otherwise provided for in this article in a public place without first ob- taining a permit therefor from the city manager and complying with all applicable local, state and federal regulations. B. Application for Permit: Any application for a permit under this article shall be filed with the city manager on a form provided by the city manager. C. Permit Fees: The applicant shall pay the permit fee as established by the city manager for an encroachment at the time of the filing of an application. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 7th day of December, 2015. /s/Lynn V. Sutton, Mayor Pro Tem 25 Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 11th day of December, 2015. /s/Kevin S. Firnstahl, City Clerk 7. Code of Ordinances Amendment - Title 2 Housing Commission: City Manager rec- ommending approval of an ordinance that amends Section 2-5B-5 to reduce the number of cross representatives to be consistent with the Housing Trust Fund Advisory Commit- tee. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 74-15 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Section 2-5B-5 Membership by reducing the number of cross representatives to be consistent with the Housing Trust Fund Advisory Committee. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 74-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOP- MENT COMMISSIONS, SECTION 2-5B-5 MEMBERSHIP BY REDUCING THE NUM- BER OF CROSS -REPRESENTATIVES TO BE CONSISTENT WITH THE HOUSING TRUST FUND ADVISORY COMMITTEE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 2-5B-5 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 2-5B-5: Membership: A. The commission comprises ten (10) residents of the city. B. Residents must be eighteen (18) years of age or older. C. Special Qualifications. 1. At least three (3) members must be selected specifically on the basis of experi- ence in real estate development, banking, finance, accounting, funds manage- ment, or other related areas of expertise. 2. One (1) member must be a person who is a recipient of tenant based rental as- sistance under Section 8 of the United States Housing Act of 1937 whose name appears on a lease of Section 8 property. If such member ceases to be a recip- ient of rental assistance under Section 8, the term of such member is deemed terminated and a new member who meets the requirements of this Subsection must be appointed for the remainder of the term. 3. One (1) member must be appointed by the commission, with city council ap- proval, to serve on the Community Development Advisory Commission. 4. Two (2) members must be appointed by the commission, with city council ap- proval, to serve on the Housing Trust Fund Advisory Committee. 26 5. The remaining members are at -large members. Section 2. This ordinance takes effect upon publication. Passed, approved, and adopted the 7th day of December, 2015. /s/Lynn V. Sutton, Mayor Pro -Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 11th day of December, 2015. /s/ Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Jones reported on the passing of community member Bob Peacock. CLOSED SESSION Motion by Jones to convene in closed session at 7:43 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 6-0. Upon motion at 7:59 p.m., the City Council reconvened in open session stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:00 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 27