Loading...
1 19 16 City Council Proceedings Official_Special and RegularOFFICIAL CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council gathered fora special session at 4:30 p.m. on January 19, 2016 in front of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Pro -Tem Jones; Council Members Connors, Del Toro, Lynch, Res- nick, Rios; City Manager Van Milligen. Absent: Mayor Buol Housing Department Staff Present: Kris Neyen, Erica Haugen, Todd Carr. Mayor Pro -Tem Jones read the call that stated this is a special session of the City Council called for the purpose of conducting a bus tour of three rehabilitated housing properties. WORK SESSION Tour of Rehabilitation Projects The City Council participated in a bus tour of the following three rehabilitation projects that began in front of the Historic Federal Building. 2300 Jackson Street: Kris Neyen (Housing Department) and Chris Olson (Four Mounds Foundation and the HEART Program) provided information specific to this property, and a ribbon cutting was held with the new owner, Tami Paisley. Council and staff toured the property. 1598 Jackson Street: Ms. Neyen and David Harris (Community Housing Initiative) provided information specific to this property. Council and staff toured the property. 346-348 W. Locust Street: Ms. Neyen and Developers Gary and Chris Stelpflug pro- vided information specific to this property. Council and staff toured the property. There being no further business, the City Council returned to the Historic Federal Building and adjourned at 5:46 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 1 OFFICIAL CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in reg9ular session at 6:30 p.m. on January 19, 2016 in the Historic Federal Building, 350 W. 6� Street. Present: Mayor Pro -Tem Jones; Council Members Connors, Del Toro, Lynch, Res- nick, Rios; City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro -Tem Jones 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 Connors. Motion carried 6-0. 1. Minutes and Reports Submitted: Cable TV Commission of 12/2/15; City Council Proceedings of 1/4/16; Civil Service Commission of 12/16/15, 1/8/16; Library Board of Trustees of 11/19/15; Long Range Planning Advisory Commission of 12/16/15; Zoning Advisory Commission of 1/6/16; Zoning Board of Adjustment of 12/17/15; Proof of Pub- lication for City Council Proceedings of 12/21/15. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Larry Kirby for vehicle damage, Andrew Makovec for property damage, Luke Potnick for vehicle damage, Michelle Roling for property dam- age, Jessica Rooney for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Larry Kirby for vehicle damage, Andrew Makovec for property damage, Luke Potnick for vehicle damage, Michelle Roling for property damage, Jessica Rooney for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Anderson Sainci Receives the Gil Chavenelle Memorial Award: City Manager transmitting information on the Dubuque Jaycees' Gil Chavenelle Memorial Award rec- ognizing Resource Management Coordinator Anderson Sainci. Upon motion the docu- ment was received and filed. 2 5. Cori Burbach Appointed to Iowa Energy Plan Working Group: City Manager trans- mitting information from the Iowa Economic Development Authority appointing Sustain- able Dubuque Coordinator Cori Burbach to the Iowa Energy Plan working group. Upon motion the document was received and filed. 6. Lead -Based Paint Hazard Control Grant - Request to Release Funds: City Manag- er recommending approval of a resolution authorizing the Notice of Intent to Request Release of Funds for the Lead -Based Paint Hazard Control Grant. Upon motion the documents were received and filed and Resolution No. 8-16 Authorization of a Request for Release of Funds and Certification for Lead Based Paint Hazard Control Grant and Healthy Homes Production Grant programs was adopted. RESOLUTION NO. 8-16 AUTHORIZATION REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FOR LEAD BASED PAINT HAZARD CONTROL GRANT AND HEALTHY HOMES PRO- DUCTION GRANT PROGRAMS Whereas, the City of Dubuque has been awarded Lead Based Paint Hazard Control Grant funds from the U.S. Department of Housing and Urban Development, and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart- ment of Housing and Urban Development, an environmental review has been pro- cessed for the Lead Based Paint Hazard Control Grant; and Whereas, a Notice of Intent to Request Release of Funds for said grants has been published on January 5, 2016, to commence the required seven (7) days comment pe- riod; and Whereas, any and all comments received as a result of such notice will be duly con- sidered before proceeding with a Request for Release of Funds and Certification; and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. Department of Housing and Urban Development at the conclusion of the comment peri- od. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for the Release of Funds and Certification on or about January 20, 2016 and submit to the U.S. Department of Housing and Urban Development. Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision-making, and ac- tion assumed and carried out by the City of Dubuque as to environmental issues. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent personally, in his official capacity and on behalf of the City of Dubuque, to accept the jurisdiction of the federal courts if an action is brought to enforce responsibilities in rela- tion to environmental review process, decision-making and action. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 3 7. Public Bike Trail Improvements for East 16th Street and Kerper Blvd. Project Ac- ceptance: City Manager recommending acceptance of the public bike trail improve- ments that the developer, Rainbo Oil Co., has recently completed at the intersection of East 16th Street and Kerper Boulevard. Upon motion the documents were received and filed and Resolution No. 9-16 Accepting Bike Trail Improvements over City property at East Sixteenth Street and Kerper Boulevard in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 9-16 ACCEPTING BIKE TRAIL IMPROVEMENTS OVER CITY PROPERTY AT EAST SIX- TEENTH STREET AND KERPER BOULEVARD IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to a Development Agreement dated December 30, 2014 and pur- suant to a Lease Agreement dated January 22, 2013, certain bike trail improvements over Lots 1-1 and 2-1 of Bee Branch Subdivision No. 2, were installed by Rainbo Oil Co., the developer of Lot 1-1 of Bee Branch Subdivision 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 bike trail improvements at the intersection of East Sixteenth Street and Kerper Boulevard be and the same is hereby accepted. Section 2.That maintenance of said public improvements shall be the responsibility of the City of Dubuque. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 8. SRF Green Alley Project Bid Set 7 - Year 1 Project Acceptance: City Manager rec- ommending acceptance of the construction contract for the SRF Green Alley Bid Set 7 - Year 1 Project, as completed by McDermott Excavating, Inc., and adoption of the Final Schedule of Assessments. Upon motion the documents were received and filed and Resolution No. 10-16 Accepting the SRF Green Alley Project Bid Set 7 -Year 1 and Au- thorizing the payment of the contract amount to the contractor; and Resolution No. 11- 16 Adopting the Final Assessment Schedule for the SRF Green Alley Project Bid Set 7 — Year 1 were adopted. RESOLUTION NO. 10-16 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 7 YEAR 1 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 7 Year 1 (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 4 terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and 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 $220,217.57 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 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN ALLEY PROJECT - BID SET 7 YEAR 1 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the SRF Green Alley Project - Bid Set 7 Year 1, 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 $253,250.21. Dated this 11th day of January, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 11th day of January, 2016. /s/Kevin S. Firnstahl, City Clerk RESOLUTION NO. 11-16 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 7 YEAR 1 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 1 inclusive, is hereby approved for the SRF Green Alley Pro- ject - Bid Set 7 Year 1. 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 - 5 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 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS SRF GREEN ALLEY PROJECT BID SET 7 — YEAR 1 ALLEYS FROM RIES TO MERZ BETWEEN WINDSOR AND STAFFORD / ALLEY FROM MERZ TO SOUTH BETWEEN WINDSOR AND STAFFORD 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; NET ASSESSED VALUATION; VALUATION WITH IMPROVEMENT; NET PAVING IMPROVEMENT COST; TOTAL NET ASSESSMENT ALLEYS FROM REIS TO MERZ BETWEEN WINDSOR AND STAFFORD 1013410001; Bonnett, Wayne E Revocable Living Trust; Lot 5 - 3 Giegers Sub; 2540 Windsor Ave; 80,770.00; $81,801.95; $1,031.95; $1,031.95 1013410002; Grutz, Jerry & Cathleen; Lot 4 - 3 Giegers Sub 2534-2536 Windsor Ave; 2534 Windsor Ave; 111,250.00; $112,281.95; $1,031.95; $1,031.95 1013410003; Dubuque Sports Productions Inc; Lot 3 - 3 Giegers Sub; 2532 Windsor Ave; 84,900.00; $85,931.95; $1,031.95; $1,031.95 1013410004; Westphal, Jim D; N 5' - 1 - 3 & Lot 2 - 3 Giegers Sub; 2528 Windsor Ave; 116,700.00; $117,616.82; $916.82; $916.82 1013410005; Queck Capital Management LLC; S 30' - 1 - 3 Giegers Sub; 2526 Windsor Ave; 68,170.00; $68,789.17; $619.17; $619.17 1013410006; Genesis Three Holdings LLC; Lot 2 - 1 - 2 Giegers Sub 2522-2524 Wind- sor Ave; 2522 Windsor Ave; 56,730.00; $57,832.98; $1,102.98; $1,102.98 1013410007; Konrardy, Kay A; W 1/2 - 2 - 2 Giegers Sub; 2520 Windsor Ave; 74,480.00; $75,183.81; $703.81; $703.81 1013410008; Mess, Judith A; W 1/2 - 3 - 2 Giegers Sub; 2518 Windsor Ave; 72,260.00; $72,808.57; $548.57; $548.57 6 1013410009; Welu, Paula J; W 1/2 - 4 - 2 Giegers Sub; 2516 Windsor Ave; 60,140.00; $60,687.29; $547.29; $547.29 1013410010; Key, Terry M Sr. & Shirley M; Lot 1 - 1 - 1 Giegers Sub; 2514 Windsor Ave; 76,940.00; $77,656.46; $716.46; $716.46 1013410011; Basten, Brian W; N 35' - 2 - 1 - 1 Giegers Sub; 2512 Windsor Ave; 80,220.00; $80,967.30; $747.30; $747.30 1013410012; Huntington, Ronald; S 65' - 2 - 1 - 1 Giegers Sub; 2510 Windsor Ave; 114,490.00; $115,847.58; $1,357.58; $1,357.58 1013410013; Rohrs, Dylan R; Lot 6 - 3 Giegers Sub; 705 Ries St; 62,020.00; $62,845.56; $825.56; $825.56 1013410014; Haupert, Deborah A; Lot 7 - 3 Giegers Sub; 707 Ries St; 90,090.00; $90,915.56; $825.56; $825.56 1013410015; Kruser, Donald J & Virginia A; Lot 8 - 3 Giegers Sub; 711 Ries St; 82,450.00; $83,275.56; $825.56; $825.56 1013410016; Giegerich, Caleb; Lot 9 - 3 & 2 - 10 - 3 Giegers Sub; 715 Ries St; 77,750.00; $78,575.56; $825.56; $825.56 1013410017; Hubanks, Daniel R; Lot 1 - 10 - 3 Giegers Sub; 719 Ries St; 87,100.00; $87,820.56; $720.56; $720.56 1013410018; Schlarman, Gerald J & Remy, Vicki Lee; Lot 11 - 3 Giegers Sub; 2537 Stafford St; 96,700.00; $99,965.68; $3,265.68; $3,265.68 1013410019; Haferbecker, Amber C; Lot 12 - 3 Giegers Sub; 2533 Stafford St; 78,210.00; $79,130.78; $920.78; $920.78 1013410020; Haferbecker, Amber C; Lot 13 - 3 Giegers Sub; Stafford St; 9,700.00; $10,660.29; $960.29; $960.29 1013410021; Heathcote - Goldhammer, Carla M; Lot 1 - 1 - 2 Giegers Sub; 2529 Staf- ford St; 78,630.00; $79,843.97; $1,213.97; $1,213.97 1013410022; Heathcote - Goldhammer, Carla M; E 1/2 - 2 - 2 Giegers Sub; Stafford St; 8,070.00; $8,808.73; $738.73; $738.73 1013410023; Radke, Jerry E; E 1/2 - 3 - 2 Giegers Sub; 2523 Stafford St; 67,960.00; $68,518.12; $558.12; $558.12 1013410024; Bond, Sheonna D.; Lot 2 - 1 & E 1/2 of 4 - 2 Giegers Sub; 2521 Stafford St; 119,780.00; $119,780.00; $0.00; $0.00 1013410025; Anderson, Edward A; Lot 3 - 1 Giegers Sub; 2515 Stafford St; 86,770.00; $87,591.59; $821.59; $821.59 1013410026; Haskell, Richard D & Sharon; Lot 2 - 4 - 1 & 2 - 5 - 1 Giegers Sub; 711 Merz St; 46,980.00; $48,441.96; $1,461.96; $1,461.96 ALLEY FROM MERZ TO SOUTH BETWEEN WINDSOR STAFFORD: 1013454001; Smith, Karen M; Lot 1 - 5 Staffords Add 2508-2508 1/2 Windsor Ave.; 2508 Windsor; 95,830.00; $96,609.44; $779.44; $779.44 1013454002; Hoppman, Cory & Close, Nicolle A; Lot 2 - 5 Staffords Add; 2506 Windsor; 73,420.00; $74,004.58; $584.58; $584.58 1013454003; Leute, Kevin J & Susan A; Lot 3 of 5 Staffords Add; Windsor Ave; 10,070.00; $10,654.58; $584.58; $584.58 1013454004; Leute, Kevin J & Susan A; Lot 4 - 5 Staffords Add; 2502 Windsor Ave; 79,950.00; $80,530.66; $580.66; $580.66 7 1013454005; JK Investments LLC; Lot 5 - 5 Staffords Add; 2500 Windsor Ave; 38,820.00; $39,400.73; $580.73; $580.73 1013454006; Mc Ginn, Donna Mae & John J; Lot 2 - 1 - 3 & 4 Staffords Add; 2432 Windsor Ave; 106,590.00; $106,917.99; $327.99; $327.99 1013454030; Harp, Kevin & Schaar-Harp, Roberta; Lot 1 - 6 - 5 Staffords Add; 710 Merz St.; 91,510.00; $92,469.72; $959.72; $959.72 1013454031; Harp, Kevin & Schaar-Harp, Roberta; Lot 2 - 6 - 5 Staffords Add; Merz St.; 13,280.00; $15,149.51; $1,869.51; $1,869.51 9. Fire Station 2 Restroom Remodel Project Acceptance: City Manager recommend- ing acceptance of the construction contract for the Fire Station #2 — Restroom Remodel Project, as completed by Mueller Construction. Upon motion the documents were re- ceived and filed and Resolution No. 12-16 Accepting the Fire Station No. 2 - Restroom Remodel Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 12-16 ACCEPTING THE FIRE STATION NO. 2 — RESTROOM REMODEL PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Fire Station No. 2 — Restroom Remodel Project (the Project) has been completed by the Contractor, Mueller Inc. Con- struction (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $99,486.20; and Whereas, the Contractor has previously been paid $94,511.89, leaving a balance of $4,974.31; 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. Section 2. The Finance Director is hereby directed to pay to the Contractor the bal- ance of the retainage of $4,974.31 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE FIRE STATION NO. 2 - RESTROOM REMODEL PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Fire Station No. 2 - Restroom Remodel Project, and the said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $111,986.20. Dated this 12th day of January, 2016 8 /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk in the 12th day of January, 2016. /s/Kevin S. Firnstahl, City Clerk 10. Elm Street Parking Lot Project acceptance: City Manager recommending ac- ceptance of the construction contract for the Elm Street Parking Lot Project, as com- pleted by Tschiggfrie Excavating. Upon motion the documents were received and filed and Resolution No. 13-16 Accepting the Elm Street Parking Lot and authorizing the payment of the contract amount to Tschiggfrie Excavating, Inc., was adopted. RESOLUTION NO. 13-16 ACCEPTING THE ELM STREET PARKING LOT AND AUTHORIZING THE PAY- MENT OF THE CONTRACT AMOUNT TO TSCHIGGFRIE EXCAVATING, INC. Whereas, the Public Improvement Contract for the Elm Street Parking Lot (the Pro- ject) has been completed and the City Engineer has examined the work and filed a cer- tificate 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 ac- cepted. 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 CIP 360-2250 for the contract amount of $337,058.05 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in ac- cordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 19th day of January, 2015. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 11. Acceptance of Permanent Easement for Sanitary Sewer - 10246 Tyra Lane: City Manager recommending acceptance of a permanent easement for sanitary sewer from Mary Kay and Timothy J. Pancratz over property at 12046 Tyra Lane in Dubuque Coun- ty. Upon motion the documents were received and filed and Resolution No. 14-16 Ac- cepting a Grant of Permanent Easement for sanitary sewer through, over and across part of Lot 1 of Red Cedar Estate No. 2 in the County of Dubuque, Iowa was adopted. RESOLUTION NO. 14-16 ACCEPTING A GRANT OF PERMANENT EASEMENT FOR SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 OF RED CEDAR ESTATES NO. 2 IN THE COUNTY OF DUBUQUE, IOWA Whereas, Mary Kay and Timothy J. Pancratz have executed a Permanent Easement for Sanitary Sewer through, over and across Part of Lot 1 of Red Cedar Estates No. 2 in the County of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 9 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 Sanitary Sewer through, over and across Part of Lot 1 of Red Cedar Estates No. 2 in the County of Dubuque, Iowa from Mary Kay and Timothy J. Pancratz, 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 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 12. Award of 30- and 42 -Inch Sanitary Sewer Force Main and Lift Station Assess- ment and Rehabilitation Project: City Manager recommending authorization for the City to enter into contract negotiations with Strand Associates to perform engineering con- sulting services including, but not limited to, survey inspection, emergency response planning and assessment of the City's 30- and 42 -inch sanitary sewer force mains and Terminal Street and Cedar Street Lift Stations. Upon motion the documents were re- ceived, filed and approved. 13. Property Tax Appeal Settlements - Pape Grain Company: City Attorney recom- mending approval of three property tax appeal Stipulations of Settlement for properties owned by Pape Grain Company. Upon motion the documents were received, filed and approved. 14. Sewer Maintenance Foreman Classification: City Manager recommending the creation a separate civil service classification for the position of Sewer Maintenance Foreman and approval to eliminate one Foreman position in the Public Works Depart- ment and the creation of one Sewer Maintenance Foreman position in the Public Works Department. Upon motion the documents were received, filed and approved. 15. Plat of Survey of Lubben Place: Zoning Advisory Commission recommending ap- proval of the Plat of Survey for Lubben Place (620-628 Loras Blvd.) subject to waiving the lot area requirement for Lot 1 and Lot 2. Upon motion the documents were received and filed and Resolution No. 15-16 Approving the Plat of Survey of Lubben Place in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 15-16 APPROVING THE PLAT OF SURVEY OF LUBBEN PLACE IN CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey Lubben Place in the city of Dubuque, Iowa; and Whereas, said Plat of Survey provides 2,083 square feet of lot area for Lot 1 and 2,190 square feet of lot area for Lot 2, where 3,000 feet of lot area is required by Sec - 10 tion 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis- sion and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code is waived to allow 2,083 square feet of lot area for Lot 1 and 2,190 square feet of lot area for Lot 2. Section 2. That the Plat of Survey of Lubben Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved and adopted this 19th day of February, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 16. International City/County Management Association (ICMA): City Manager rec- ommending approval to execute the required Governmental Money Purchase Plan and Trust Adoption Agreement with the ICMA Retirement Corporation. Upon motion the documents were received and filed and Resolution No. 16-16 Approving the ICMA Re- tirement Corporation Governmental Money Purchase Plan & Trust Adoption Agreement - Plan Number 10-6876 was adopted. RESOLUTION NO. 16-16 APPROVING THE ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT - PLAN NUMBER 10-6876 Whereas, the Employer has established a qualified retirement plan for such employ- ees that serves the interest of the Employer by enabling it to provide reasonable retire- ment security for its employees, by providing increased flexibility in its personnel man- agement system, and by assisting in the attraction and retention of competent person- nel; and Whereas, the Employer has determined that the continuance of the qualified retire- ment plan will serve these objectives. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Employer hereby amends and restates the qualified retirement plan (the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Pur- chase Plan & Trust. Section 2. The assets of the Plan shall be held in trust, with the Employer serving as trustee ("Trustee"), for the exclusive benefit of Plan participants and their beneficiaries, and the assets shall not be diverted to any other purpose. The Trustee's beneficial ownership of Plan assets held in VantageTrust shall be held for the further exclusive benefit of the Plan participants and their beneficiaries. Section 3. The employer hereby agrees to serve as Trustee under the Plan. 11 Section 4. The Employer hereby authorizes the City Manager to execute all neces- sary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 17. Improvement Contracts / Performance, Payment and Maintenance Bonds: Portzen Construction, Inc., for Lower Bee Branch Creek Overlook at 16th Street Deten- tion Basin. Upon motion the documents were received, filed and approved. 18. 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. 17-16 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. 17-16 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Dubuque Religious Center, 923 Main St., Class B Wine (Sunday) El Paisano Grocery Store, 1543 Central Ave., Class B Beer (Sunday) Mario's, 1298 Main St., Class C Liquor (Sunday) New Dubuque Golf & Country Club, 1800 Randall PI., Class C Liquor (Outdoor) (Sunday) Cuemaster Billiards, 900 Central Ave, Class C Liquor (Sunday) Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 12 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 Resnick. Motion carried 6-0. 1. Lange Estate Urban Revitalization Plan: City Manager recommending approval of resolution directing the Lange Estates Urban Revitalization Plan (Applewood IV) be set for public hearing on March 7, 2016. Upon motion the documents were received and filed and Resolution No. 18-16 Finding that the designation of the Lange Estate Urban Revitalization Plan is necessary to encourage needed housing and residential develop- ment providing safe, affordable housing for the residents of the City of Dubuque, Iowa and providing for a public hearing thereon was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 18-15 FINDING THAT THE DESIGNATION OF THE LANGE ESTATE URBAN REVITALI- ZATION PLAN IS NECESSARY TO ENCOURAGE NEEDED HOUSING AND RESI- DENTIAL DEVELOPMENT PROVIDING SAFE, AFFORDABLE HOUSING FOR THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA AND PROVIDING FOR A PUBLIC HEARING THEREON Whereas, the City Council of the City of Dubuque finds that the property at 3275 Pennsylvania Avenue is currently vacant and underutilized, and Whereas, Horizon has proposed to develop the property and construct a 60 -unit resi- dential housing development for seniors and requests the establishment of an urban re- vitalization district; and Whereas, the area proposed for designation under the Urban Revitalization Act there is need for public improvements related to housing; and the encouragement of housing and residential development as defined by Section 404.1(5) of the Iowa Code; and Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shall be held on any proposed Urban Revitalization Area Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the new construction for housing development of the Property legally described as: Lot Two of Lange Estate in the County of Dubuque, City of Dubuque, Iowa, accord- ing to the recorded plat thereof, is found to be necessary and in the interest of resi- dents of the City. Section 2. That the Lange Estate Urban Revitalization Plan as proposed meets the eligibility criteria of Chapter 404.1(5) of the Code of Iowa, 2015. Section 3. That the proposed Lange Estate Urban Revitalization Area Plan attached hereto, shall be a matter of record and shall be available for public inspection in the of- fice of the City Clerk at City Hall, 50 West 13th Street, Dubuque, Iowa. Section 4. That the City, upon approval of the Plan, shall provide urban revitalization tax exemption to qualified applicants in designated area. 13 Section 5. That the City is authorized and directed to submit the Lange Estate Urban Revitalization Area Plan to the City's Long Range Planning Advisory Commission for review and comment. Section 6. That the City Clerk is directed to publish notice of a public hearing on the Lange Estate Urban Revitalization Area Plan to be held on March 7th, 2016 at 6:30 p.m. in the City Council Chambers, 350 West 6th Street, Dubuque, Iowa 52001. Section 7. That the owners of record will be notified by the thirtieth day prior to the public hearing. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 2. Marquette Hall Urban Revitalization Plan: City Manager recommending approval of a resolution directing the Marquette Hall Urban Revitalization Plan (Former Sacred Heart Elementary School) be set for public hearing on March 7, 2016. Upon motion the documents were received and filed and Resolution No. 19-16 Finding that the designa- tion of the Marquette Hall Urban Revitalization Plan is necessary in the interest of public health, safety, and welfare of the residents of the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 19-16 FINDING THAT THE DESIGNATION OF THE MARQUETTE HALL URBAN REVITAL- IZATION PLAN IS NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA Whereas, the City Council of the City of Dubuque finds that the property at 2222 Queen Street, (Property) is currently vacant and underutilized, and Cohen -Esrey Af- fordable Partners (Cohen -Esrey) has proposed to develop the Property by rehabilitating the former Sacred Heart Elementary School into 28 historic and affordable senior apartments; and Whereas, the City supports the development and construction of housing and resi- dential properties which provide quality, affordable housing; and Whereas, the Property is located in an area eligible for the Urban Revitalization Tax Exemption program; and Whereas, in the area proposed for designation under the Urban Revitalization Act is an area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to projective use Section 404.1(3) of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to re- ceive a one hundred percent exemption from taxation on the actual value added by the improvements for a period of ten years so long as it is assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five percent of the space used for residential purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 14 Section 1. The new construction housing development at the Property legally de- scribed as: Lot #'s 31, 32, 33, 34 Sanford Sub., according to the recorded plat thereof, is deemed necessary and in the interest of the residents of the City. Section 2. That the City Council supports the Cohen-Esrey's Petition asking the Property be designated an Urban Revitalization Area and supports Cohen-Esrey's ef- forts to receive a tax credit award from the Iowa Finance Authority for this Development. Section 3. The City Council approves supporting the project and authorizes staff to work with the City Assessor to complete the form 5S for the Developer's submission to the Iowa Finance Authority prior to the December 7, 2015 deadline for consideration. Section 4. The proposed Development is consistent with the City of Dubuque's af- fordable housing strategies and goal to implement the City's comprehensive plan. Section 5. That the City is authorized and directed to submit the Marquette Hall Ur- ban Revitalization Area Plan to the City's Long Range Planning Advisory Commission for review and comment. Section 6. That the City Clerk is directed to publish notice of a public hearing on the Marquette Hall Urban Revitalization Area Plan to be held on March 7, 2016 at 6:30 p.m. in the City Council Chambers, 350 West 6th Street, Dubuque, Iowa 52001. Section 7. That the owners of record will be notified by the thirtieth day prior to the public hearing. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 3. Paragon Square Urban Revitalization Plan: City Manager recommending approval of a resolution directing the Paragon Square Urban Revitalization Plan (Former Holy Ghost School) be set for public hearing on March 7, 2016. Upon motion the documents were received and filed and Resolution No. 20-16 Finding that the designation of the Paragon Square Urban Revitalization Plan is necessary for rehabilitation and conserva- tion of the hereinafter described property and Urban Revitalization Area is necessary in the interests of the public health, safety, and welfare of the residents of the City was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 20-16 FINDING THAT THE DESIGNATION OF THE PARAGON SQUARE URBAN REVI- TALIZATION PLAN IS NECESSARY FOR REHABILITATION AND CONSERVATION OF THE HERINAFTER DESCRIBED PROPERTY AND URBAN REVITALIZATION AREA IS NECESSARY IN THE INTERESTS OF THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY Whereas, the City Council of the City of Dubuque finds that the properties at 2887 - 2901 Central Avenue (Property) are currently vacant and underutilized, and Frantz Community Investors has proposed to rehabilitate the Property and create 29 apart- ments and restore both buildings on the proposed parcels to their original historic signif- icance; and 15 Whereas, the City supports Economic Development, Historic Preservation, and pro- motes Affordable Housing to benefit the citizens of Dubuque; and Whereas, the Property is located in an area eligible for the Urban Revitalization Tax Exemption program; and Whereas, in the area proposed for designation under the Urban Revitalization Act there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use as de- fined by Section 404.1(3) of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to re- ceive a one hundred percent exemption from taxation on the actual value added by the improvements for a period of ten years so long as it is assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five percent of the space used for residential purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation of the Property legally described as 2887 Central Avenue — Lot 2 — I Paragon Square, Dubuque, Iowa 2901 Central Avenue — Lot 1 — I Paragon Square, Dubuque, Iowa, according to the recorded plat thereof is deemed necessary in the interest the residents of the City. Section 2. That the City Council supports Frantz Community Investors' Petition that 2887 - 2901 Central Avenue be designated a Urban Revitalization Area and supports the developer's efforts to receive a tax credit award from the Iowa Finance Authority for this Development. Section 3. That the City Council approve the resolution supporting he project and au- thorize staff to work with the City Assessor to complete the form 5S for submission by Developer prior to December 7, 2015 deadline for consideration. Section 4. That the proposed Development is consistent with the City of Dubuque's affordable housing strategies and its goal to implement its comprehensive plan. Section 5. That the City is authorized and directed to submit the Paragon Square Ur- ban Revitalization Area Plan to the City's Long Range Planning Advisory Commission for review and comment. Section 6. That the City Clerk is directed to publish notice of a public hearing on the Paragon Square Urban Revitalization Area Plan to be held on March 7, 2016 at 6:30 p.m. in the City Council Chambers, 350 West 6th Street, Dubuque, Iowa 52001. Section 7. That the owners of record will be notified by the thirtieth day prior to the public hearing. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 4. University Lofts Urban Revitalization Plan: City Manager recommending approval of a resolution directing the University Lofts Urban Revitalization Plan (Nativity School) be set for public hearing on March 7, 2016. Upon motion the documents were received and filed and Resolution No. 21-16 Finding that the designation of the University Lofts Urban Revitalization Plan is necessary to encourage needed housing and residential 16 development providing safe, affordable housing for the residents of the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 21-16 FINDING THAT THE DESIGNATION OF THE UNIVERSITY LOFTS URBAN REVI- TALIZATION PLAN IS NECESSARY TO ENCOURAGE NEEDED HOUSING AND RESIDENTIAL DEVELOPMENT PROVIDING SAFE, AFFORDABLE HOUSING FOR THE RESIDENTS OF THE CITY OF DUBUQUE Whereas, the City Council of the City of Dubuque finds that the properties at Parcel ID#1025101003, part of a 5.48 acre tract currently conveyed to Church of the Nativity, beginning at the intersection of the north right-of-way line of University Avenue with the westerly right-of-way of Alta Vista Street (Property) which MV Residential Development has proposed to develop the Property and create 56 units of senior multi -family housing; and Whereas, the City supports the development and construction of housing and resi- dential properties which provide quality, affordable housing; and Whereas, the Property is located in an area eligible for the Urban Revitalization Tax Exemption program; and Whereas, in the area proposed for designation under the Urban Revitalization Act there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use as de- fined by Section 404.1(5) of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to re- ceive a one hundred percent exemption from taxation on the actual value added by the improvements for a period of ten years so long as it is assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five percent of the space used for residential purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation of the Property legally described as: Being part of a 5.48 acre tract currently conveyed to Church of the Nativity (cur- rent Parcel ID#1025101003), Dubuque County, Iowa, and more particularly de- scribed as follows: Beginning at the intersection of the north right-of-way line of University Avenue with the westerly right-of-way of Alta Vista Street; Thence from said point of beginning, with said north right-of-way line, South 79°00'00" West, for a distance of 224.71 feet, Thence leaving said right-of-way line, on the following three (3) courses and dis- tances: 1. North 9°00'00 West, for a distance of 99.95 feet; 2. North 34°00'00" West, for a distance of 190.96 feet; 3. North 58°00'00" East, for a distance of 177.42 feet to the aforementioned westerly right-of-way of Alta Vista Street; 17 Thence with said right-of-way line, South 32°00'00" East, for a distance of 362.45 feet to the point of beginning, containing approximately 1.36 +/- acres and being subject to any easements, restrictions, covenants, ordinances, or agreements of record. This legal description is not based on field verified boundary or boundary re- tracement survey; is deemed necessary in the interest the residents of the City. Section 2. That the City Council supports MV Residential Development's Petition that the Property be designated a Urban Revitalization Area and supports the developer's efforts to receive a tax credit award from the Iowa Finance Authority for this Develop- ment. Section 3. That the City Council approve the resolution supporting he project and au- thorize staff to work with the City Assessor to complete the form 5S for submission by Developer prior to December 7, 2015 deadline for consideration. Section 4. That the proposed Development is consistent with the City of Dubuque's affordable housing strategies and its goal to implement its comprehensive plan. Section 5. That the City is authorized and directed to submit the University Lofts Ur- ban Revitalization Area Plan to the City's Long Range Planning Advisory Commission for review and comment. Section 6. That the City Clerk is directed to publish notice of a public hearing on the University Lofts Urban Revitalization Area Plan to be held on March 7, 2016 at 6:30 p.m. in the City Council Chambers, 350 West 6th Street, Dubuque, Iowa 52001; and Section 7. That the owners of record will be notified by the thirtieth day prior to the public hearing. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Application to the following Commission was reviewed at this meeting. The applicant was invited to address the City Council regarding his desire to serve on the following Boards/Commissions. 1. Historic Preservation Commission: One, 3 -year term through July 1, 2016 (Vacant term of McDonell - Jackson Park District). Applicant: Alfred P. Kopczyk, 1320 Locust St. (qualifies for the Jackson Park District). Mr. Kopczyk spoke in support of his appoint- ment and distributed his resume. Appointments were made to the following Boards/Commissions. 2. Housing Code Appeals Board: One, 3 -year term through January 11, 2019 (Expir- ing term of White). One, 3 -year term through January 11, 2018 (Vacant term of Miller). Applicants: Robert Schaub, 1745 Embassy West; Ron White, 3197 Highland Park Dr. Upon roll -call vote (Jones, Rios, Resnick, Connors, Del Toro, Lynch) Ron White was appointed to a 3 -year term through January 11, 2019. 18 Motion by Resnick to appoint Robert Schaub to a 3 -year term through January 11, 2018. Seconded by Lynch. Motion carried 6-0. 3. Human Rights Commission: Three, 3 -year terms through January 1, 2019 (Expir- ing terms of Fisher, LoGuidice and Stone). Applicants: Sara Fisher, 3045 Kaufmann Ave.; Angela Jones, 2413 Pearl St.; Adrienne Scott, 1365 Solon St.; R.R.S. Stewart, 460 Summit St.. Upon roll -call vote Sara Fisher, Angela Jones, and Adrienne Scott were appointed to 3 -year terms through January 1, 2019. (Fisher — Jones, Rios, Resnick, Connors, Del Toro, Lynch); (Jones — Jones, Rios, Resnick Connors Del Toro, Lynch); (Scott — Jones, Resnick, Connors, Lynch); (Stewart — Resnick, Del Toro). PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. 1. Intent to Dispose of 2300 Jackson Street: Proof of publication on notice of public hearing to consider disposing of City -owned real estate at 2300 Jackson Street to Tami M. Paisley and the City Manager recommending approval. Motion by Connors to re- ceive and file the documents and adopt Resolution No. 22-16 Disposing of City interest in real property located at 2300 Jackson Street in the City of Dubuque, Iowa. Seconded by Del Toro. Motion carried 6-0. RESOLUTION NO. 22-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2300 JACK- SON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 7-16, dated January 4, 2016, declared its intent to dispose of City interest in real property located at 2300 Jackson Street, le- gally described as: Lot 2 of Lot 63 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, accord- ing to the recorded plat thereof (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on January 19, 2016 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 Tami Paisley according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The purchase agreement by and between the City of Dubuque and Tami Paisley for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property to Tami Paisley. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. 19 Passed, approved, and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 2. SW Arterial Right of Way Property Acquisition: Proof of publication on notice of public hearing on the intent to commence a public improvement project and to establish Just Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn, if required, for the Southwest Arterial Pro- ject and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 23-16 (as amended) Establishing the fair mar- ket value of real property for the Southwest Arterial Project, directing good faith negotia- tions for the acquisition of property and authorizing the commencement of Eminent Do- main Proceedings, if necessary, to acquire property. Seconded by Resnick. Responding to questions from the City Council, Assistant City Engineer Bob Schiesl explained the difference between the land being purchased and the area covered by the easement. Motion carried 6-0. RESOLUTION NO. 23-16 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE SOUTHWEST ARTERIAL PROJECT, DIRECTING GOOD FAITH NEGOTIONS FOR THE ACQUISITION OF PROPERTY AND AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, TO ACQUIRE PROPERTY Whereas, the City of Dubuque (City) has caused to be made appraisals of the prop- erties described below for the Southwest Arterial Project and the Just Compensation Valuation (Fair Market Value) for the properties are listed below; and Whereas, the legal description of each of the properties to be acquired, the owners and the Just Compensation Valuation (Fair Market Value) of each of the properties is listed below; and Whereas, the City Council has conducted a public hearing on the approval of the final location and alignment of the Southwest Arterial Project, approved the project and the acquisition of all or a part of the property listed below for the Southwest Arterial Project: Parcel No Property Owner Land Type Current Land Use Fee Title (Acres) Perm Easement (Acres) Just Compensa tion 1 Value 104 105 114 Kluck Partnership as described per Exhibit A Thomas and David Kluck as described per Exhibit B William & Janet Siegert as described per Exhibit C Business Agricultural Total Acquisition Business Business Total Acquisition Commercial Agricultural 37.63 3.34 $ 190,000 $ 520,000 $ 780,277 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 20 Whereas, the City may not make an offer to purchase a property which is less than the Just Compensation Valuation (Fair Market Value) established for the property; and Whereas, the City Council now desires to establish the Just Compensation Valuation (Fair Market Value) for each of the properties; and Whereas, the City wishes to acquire the properties listed for the Southwest Arterial 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 Just Compensation Valuation (Fair Market Value) of each of the proper- ties listed above is hereby established 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 ac- quisition for each of the above properties, and, if necessary, commence eminent domain proceedings to acquire the properties. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 3. Roasting Solutions, LLC - Development Agreement and Property Acquisition: Proof of publication on notice of public hearing to approve the Development Agreement between the City of Dubuque and Roasting Solutions, LLC for the acquisition of 12.03 acres and a $3.2 million capital investment in a new 34,000 square -foot facility employ- ing 17 full-time equivalent positions in the Dubuque Industrial Center South and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 24-16 Approving a Development Agreement by and between the City of Dubuque, Iowa and Roasting Solutions, LLC providing for the sale of Lot 1 of Dubuque Industrial Center South Second Addition in the City of Dubuque, Iowa. Se- conded by Connors. Dan McDonald of Greater Dubuque Development Corporation spoke to the history of family-owned businesses in Dubuque. Roasting Solutions Devel- oper/Owner Michael Gantz provided information on the Gantz family's commitment to the project and responded to questions about the progression of creating full-time jobs associated with the project. Motion carried 6-0. RESOLUTION NO. 24-16 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND ROASTING SOLUTIONS, LLC PROVIDING FOR THE SALE OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER SOUTH SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 6-16, dated January 4, 2016, declared its intent to enter into a Development Agreement with Roasting Solutions, LLC for the sale of Lot 1 of Dubuque Industrial Center South Second Addition in the City of Dubu- que, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on January 19, 2016 at 6:30 p.m. in the City Council Chambers at the Histor- ic Federal building, 350 W. 6th Street, Dubuque, Iowa; and 21 Whereas, City and Roasting Solutions, LLC have revised the Development Agree- ment as described in the Memorandum from the City manager to the City Council dated January 14, 2016, attached hereto; and Whereas, it is the determination of the City Council that approval of the Development Agreement, as revised, for the sale to and development of the Property by Roasting So- lutions, LLC according to the terms and conditions set out in the Development Agree- ment is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement by and between the City of Dubuque and Roasting Solutions, LLC, as revised, a copy of which is attached hereto, including the sale of Lot 1 of Dubuque Industrial Center South Second Addition in the City of Dubuque, Iowa, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Devel- opment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the Mayor and City Clerk are hereby authorized and directed to exe- cute and deliver a Special Warranty Deed for the Property as provided in the Develop- ment Agreement. Section 4. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 19th day of January, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Request for Work Session - Levee Breach Prevention and Preparedness Activities: City Manager recommending the City Council schedule a Work Session for March 7, 2016, at 5:00 p.m. on the levee breach prevention and preparedness activities of the John C. Culver Floodwall flood protection system. Motion by Connors to receive and file the documents and set the work session as recommended. Seconded by Resnick. Mo- tion carried 6-0. 2. Request for Work Session - EPA Consent Decree Status Report: City Manager recommending the City Council schedule a Work Session for Monday, March 21, 2016, at 5:00 p.m. on the EPA Consent Decree. Motion by Lynch to receive and file the doc- uments and set the work session as recommended. Seconded by Connors. Motion car- ried 6-0. 22 3. Request for Work Session - Sustainable Dubuque Quarterly Report: City Manager recommending the City Council schedule the Quarterly Sustainable Dubuque Work Session for April 4, 2016, at 5:00 p.m. Motion by Lynch to receive and file the docu- ments and set the work session as recommended. Seconded by Rios. Motion carried 6- 0. 4. Request for Work Session - Inclusive Dubuque Quarterly Report: City Manager recommending the City Council schedule the quarterly Inclusive Dubuque Work Session for April 18, 2016, at 5:15 p.m. Motion by Connors to receive and file the documents and set the work session as recommended. Seconded by Del Toro. Motion carried 6-0. There being no further business, upon motion the City Council adjourned at 6:58 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 23