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3 7 16 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on March 7, 2016 in the Historic Federal Building, 350 W. 6tn Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on levee breach preparedness and pre- vention activities. WORK SESSION Levee Breach Preparedness and Prevention Activities Public Works Director Don Vogt introduced staff members John Klostermann, Street and Sewer Maintenance Supervisor; Laura Carstens, Planning Services Manager; and Deron Muehring, Civil Engineer who provided a slide presentation on the levee/floodwall system. Topics included: • History of Levee/Floodwall System o Review of Historic Flood Events o Prior Modest Protection Efforts o Funding and Construction o System Improvements o Army Corps of Engineers and City Oversight & Inspection Requirements • City Responsibilities and Preparation • Maintenance & Pre -Flood Event Operations • Flood Event Action Steps with River Stage Predictions • Post Flood Repair • Flood Control Budget • Levee/Floodwall FEMA Certification and Background • Engineering Technical Review • Interior Drainage Review • Seepage & Stability Evaluation • Recommended Flood Insurance & FEMA Rate Maps • Levee System Breach Analysis, Risk and Goal • Time to Depth Summary, Scenarios & Models • Levee Safety Action Classification The City Council had discussion with staff following the presentation. There being no further business, upon motion the City Council adjourned at 6:23 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on March 7, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION Kids to Parks Day (May 21, 2016) was accepted by Leisure Services Manager Marie Ware. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Del Toro. Council Member Del Toro requested (#10) WS Live Release of Obligation on Forgivable Loan be held for separate discussion. Council Member Connors requested (#13) Appeal of Claim by Andrew Makovec be held for separate discussion. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 2/15, 2/17, 2/18, 2/22, 2/24; Civil Service Commission of 2/11, 2/23; Historic Preservation Commission of 2/18; Library Board of Trustees of 12/17/15; Long Range Planning Advisory Commis- sion of 2/17; Proof of Publication for City Council Proceedings of 2/1, 2/2, 2/3, 2/4, 2/8, 2/10; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 12/31/15. Upon motion the documents were received and filed. 2. Notice of Claim and Suits: Area Residential Care for Property Damage; Mark Pot- tebaum for property damage; Ron Smith & Sons Construction for vehicle damage; Kate- lyn Shima for vehicle damage. Upon motion the documents were received, filed and concurred. (Duplicated title Disposition of Claims on original agenda). 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: Area Residential Care for property and vehicle damage; Mark Pottebaum for property damage; Ron Smith & Sons Construction for vehicle damage; Katelyn Shi- ma for vehicle damage. Upon motion the documents were received, filed and con- curred. 2 4. Forbes Recognition of Dubuque: City Manager transmitting an article from Forbes.com recognizing Dubuque as one of the "Best Cities to Climb the Economic Ladder." Upon motion the document was received and filed. 5. University of Iowa Recognizes City Attorney Barry Lindahl: City Manager transmit- ting the University of Iowa College of Law 150 People which recognizes City Attorney Barry Lindahl. Upon motion the document was received and filed. 6. Main Street Challenge Grant - Revisions to Central Avenue Facade Commitments: City Manager recommending approval of revisions to the Main Street Challenge Grant for facade improvements to properties in the Central Avenue Corridor. Upon motion the documents were received, filed and approved. 7. Delinquent Problem Property Assessments: City Manager recommending adoption of a resolution authorizing the City to certify problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 55-16 Authoriz- ing the City to collect delinquent problem property charges in accordance with Title 6-6- 3B1 h; Title 6-6-4B3 & Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 55-16 AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6-6-3B1H; TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if problem properties are allowed to deteriorate according to 6-6- 3B1 h; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "pal- pably and indisputably such" exists which requires immediate action to protect the pub- lic health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons listed on the attached Problem Property Assessment Schedule are delinquent in the payment of problem property charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Problem property Assessment Schedule are delinquent in the payment of problem property charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 7th day of March, 2016. Attest: Kevin S. Firnstahl, City Clerk 3 Roy D Buol, Mayor SCHEDULE OF ASSESSMENTS PROBLEM PROPERTY ASSESSMENT Location; Owner; Parcel #; Amount; Category 1392 Main; JK Investments, LLC, 8505 Southern Hills Ct., Dubuque IA 52003; N 60'4" N 2/5 OF CITY LOT 464; 1024411001; $343.85; Relocation charges for tenant removed for unsafe electric. 8. Grass and Weed Cutting and Garbage Collection Accounts: City Manager recom- mending adoption of a resolution authorizing the City to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were re- ceived and filed and Resolution No. 56-16 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-6- 3C2o; Title 6-6-4B3 & Title 6-6B of the Code of Ordinances of the City of Dubuque, Io- wa was adopted. RESOLUTION NO. 56-16 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUT- TING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-6- 3C2o; TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or wel- fare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "pal- pably and indisputably such" exists which requires immediate action to protect the pub- lic health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collec- tion charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respec- tive names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 15th day of February, 2016. Attest: Kevin S. Firnstahl, City Clerk 4 Roy D Buol, Mayor SCHEDULE OF ASSESSMENTS Delinquent Grass/Weed Cutting and Garbage Collection Accounts Location; Owner; Parcel #; Amount; Category 2305 Queen; S 20'-Lot 38 Sanford's Sub; JG Investments LLC 9120 Long Tail LN., Dubuque IA 52003; 1013456013; $55.00; garbage 2495 University; E 10' of Lot 140 & Lot 139 Finley Waple's & Burton's Add; Miller, Don- ald N., 2495 University Ave., Dubuque IA 52001; 1026105010; $128.45; garbage 2411 Stafford; Lot 6 Klingenberg's Sub; Schramm, Karla K., 1499 Elm St., Dubuque IA 52001; 1013454036; $120.08; garbage 2411 Rhomberg; SW 28' of Lot 372 Ham's Add; Clark, Chris C., PO Box 1358, Dubuque IA 52004-1358; 1107456014; $249.00; grass 1069 Vernon; Lot 38 Leven's Add; Heagy, Sherri M. & Shirley L., 2891 Indiana Ave., Dubuque IA 52001; 1023477014; $387.50; grass 855 Kane; Lot 1-1-1-Mineral Lot 349 and Lot 2-1-Mineral Lot 350; Deutsche Bank Na- tional Trust Company, Trustee for Merrill Lynch Mortgage Investors Trust Series, 2007-MIN1, 350 Highland Dr. Lewisville TX. 75067; 1014404030; $280.00; grass 1661 Lawndale; Lot 7 & N 2'6" of Lot 6 Voelker's-Highlands; Secretary of Veterans Af- fairs, 210 Walnut St., Des Moines IA 50309; 1023407024; $75.00; grass 1356 Elm; N 1/2 Lot 194 East Dubuque Add; CM Investments LLC, 1356 Elm St., Dubuque IA 52001; 1024432007; $115.00; grass 1502 Manson; Lot 1 Old Mill Place #2; Williams, Douglas L., 1502 Manson Rd., Dubu- que IA 52001; 1501105016; $565.00; grass 1738 Wood; Lot 4-3 of Min Lot 178; Rogers, Michael A. & Mollie E., 1738 Wood St., Dubuque IA 52001; 1023407005; $135.00; grass 2503 Windsor; Lot 1-30 & S 1/2 Lot 29 Stafford's Add; Bayview Loan Servicing LLC, 4425 Ponce De Leon Blvd., 5th FI., Coral Gables FL 33146; 1013414009; $225.00; grass 2283 White; E 1/2-N 1/4-Lot 16P; & E 1/2- S 1/2-Lot 18 L H Langworthy's Add; Do- hanich, Michael D., 2283 White St., Dubuque IA 52001; 1024130013; $1,920.40; grass, weeds and garbage 1505 Montrose; Lot 15 & S 1 1/2' of Lot 14 Fairview Sub; Freedom Properties LLC, 3500 Dodge St #101., Dubuque IA 52003; 1024334012; $323.00; grass, weeds and garbage 1005 Victoria; Lot 1-1 Cook & Allen Place; Bermes, Andrea W., 1005 Victoria St., Dubuque IA 52003; 1036157013; $355.00; grass 715 Caledonia; E 1/2 of Lot 1 of S 1/3 of Lot 34 & all of Lot 35 Kelly's Sub 715-717 Cal- edonia; Alpine Estates LC, 3500 Dodge St., #387, Dubuque IA 52003; 1025132040; $75.00; grass 2926 Timberline; Lot 7 Blk. 11 Green Acres Sub; Reed, Nicholas H., 2926 Timberline St., Dubuque IA 52001; 1014255006; $65.00; grass 1523 Adair; Lot 44 Woodlawn Park Add; Nelson, Travis & Hinderman, Corrine, 344 W. 1st St., Dubuque IA 52001; 1023459008; $151.00; grass 1997 Jackson; S 52'5" N 2/5 of City Lot 489; Davis, Kevin C & Lenora L, 1997 Jackson St., Dubuque IA 52001; 1024254008; $167.00; grass 25 W 15th; Lot 1 of Winner Place; Empress Enterprises LLC, 199 New Montgomery St #706, San Francisco CA 94105; 1024403017; $165.00; garbage 2417 Stafford; Lot 5 of Lot S 3 & 4 Stafford Add; CitiFinancial Servicing LLC, 1111 Northpoint Dr., Bldg. 4, Ste. 100., Coppell TX 75019; 1013454034; $165.00; grass 5 445 Loras; Lot 5 of City Lot 667 445-445 1/2 Loras; Mullen, Renee H & Mullen, Sharon L, Dull, 221 6th St., Racine WI 53403; 1024338011; $137.00; grass 90 Clarke; Lot 2-1-2 Duncan Sub 90-92 Clarke Dr.; Pregler, James D, & Mary C, 90 Clarke Dr., Dubuque IA 52001; 1024260002; $109.00; grass 506 Almond; E 1/2 of Lot 33 Coxs Add; MK Properties LLC, 8505 Southern Hills Ct, Dubuque IA 52003; 1024177013; $109.00; garbage 2235 Fuller; M 37' of Lot 7 Cushing's Sub & Lot 3-3 & 3-4 LH Langworthy's Add of 135; Adams, Jonathan L, 2235 Fuller PI, Dubuque IA 52001; 1024127028; $180.00; grass 20 Bluff; S 27' - W 1/2 of City Lot 587; Newman, Trevor D, 20 Bluff Street, Dubuque IA 52001; 1025402006; $110.00; grass 464 Loras; W 1/2 of Lot 6 & the E 2'7" of Lot 7 A.L. Brown's Sub; Holden, Thomas P. & Edward J. 50 Bay Dr., Itasca IL 60143-1280; 1024340006; $193.00; grass 2260 Roosevelt; Lot 2-1-2-2-1-2-2 of Min Lot 307; Emerson, Everett E, 6459 Sundown Rd., Peosta IA 52068; 1107351009; $295.00; grass 1627 Central; N 20' of S 1/5 of City Lot 452 & S 25'6" of SM 1/5 of City Lot 452; Sharpi Properties LLC., 315 Lowell St., Dubuque IA 52001; 1024265012; $85.00; garbage 1350 W 5th; Lot 17 Newberry & Hales Sub; Walling, Aaron A & Kerry L, 1350 W 5 St., Dubuque IA 52001; 1026277004; $65.00; garbage 405 Hill; Lot 27 Deming & Horr's Sub; Jensen, Thomas & Kimberly Poe -Jensen, 405 Hill St., Dubuque IA 52001; 1025176020; $65.00; grass 445 Bluff; Lot 2 Copperhead Place; Johnson, Robert L, 399 Sinsinawa Ave., East Dubuque IL 61025; 1025213018; $157.15; garbage 500 Hill; Lot 1 in George Martins Sub; Kingdom Investment LLC, 17438 Kammiller Ln., Durango IA 52039; 1025178001; $53.00; grass 2041 Avalon; Lot 1-7 Blk. 2 Powers Hgts & Lot 2-2-2-1-1-1-1-A Hillcrest Park; Dawe, Steven L & Karla J, 2041 Avalon Rd., Dubuque IA 52001; 1022332015; $165.00; grass 2028 Chaney; Lot 82 & N 20' of Lot 83 Hillcrest Sub #2 2028-2030 Chaney Rd.; Free- dom Properties II LLC, 3500 Dodge St., #101, Dubuque IA 52003; 1022405014; $86.00; garbage 1755 Bennett; Lot 17 Hodges Sub; Freedom Properties LLC, 3500 Dodge St., #101, Dubuque IA 52003; 1026251023; $140.00; garbage 1266 Jackson; S 1/2 Lot 58 East Dubuque Add & N 1'6" - N 1/2 - Lot 59 East Dubuque Add; Moonlit Beaches Investments LLC, 816 Vine St., Maquoketa IA 52060; 1024435005; $242.40; garbage 375 Dorgan; Lot 6 Dorgan's Sub; Perry, Jodie L, 375 Dorgan PI., Dubuque IA 52001; 1024180026; $55.00; garbage 2570 Jackson; S 1/2 Lot 16 E Langworthy's Add; Wells Fargo Bank NA, 1 Home Cam- pus, Des Moines IA 50312; 1013335004; $100.00; grass 2631 Pinard; Lot 290 Glendale Add #3; Maiers, Stephanie M, 2631 Pinard St., Dubuque IA 52001; 1013331003; $100.00; grass 2678 Raven Oaks; Raven Oak Condo Unit #2678 Located on Lot 2-1-2-1 Raven Oaks; Kemp, Leonard & Lisa, 6036 Forest Hills Dr., Dubuque IA 52002; 1015308048; $75.00; grass 2623 Broadway; Lot 6A; NW 8' of Lot 6 & NW 58' of E 5' of Lot 10 King's Grove Add; Mensen, Loras F & Suzanne R, 218 4th St., Earlville IA 52041; 1013312009; $124.00; garbage 6 9. Hotel Julien - Downtown Rehabilitation Loan Subordination: City Manager recom- mending approval of a loan agreement with HJD Landlord, LLC, and a subordination agreement with American Trust & Savings Bank concerning a Downtown Rehabilitation Loan for the Hotel Julien. It is further recommended that the Mayor be authorized to ex- ecute the loan agreement as well as the letter of consent and subordination agreement. Upon motion the documents were received and filed and Resolution No. 57-16 Approv- ing a Loan Agreement and Mortgage between the City of Dubuque and HJD Landlord, LLC and a Subordination Agreement by and among HJD Landlord, LLC, the City of Dubuque and American Trust and Savings Bank was adopted. RESOLUTION NO. 57-16 APPROVING A LOAN AGREEMENT AND MORTGAGE BETWEEN THE CITY OF DUBUQUE AND HJD LANDLORD, LLC AND A SUBORDINATION AGREEMENT BY AND AMONG HJD LANDLORD, LLC, THE CITY OF DUBUQUE AND AMERICAN TRUST AND SAVINGS BANK Whereas, the City of Dubuque, Iowa, (City) and HJD Landlord, LLC have entered into a Development Agreement (the Agreement) for the rehabilitation of the Hotel Julien (the Project); and Whereas, the Agreement includes the award of a $600,000 Downtown Rehabilitation Loan/Grant Program (the Loan) for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, the Project meets the requirements of the Loan; and Whereas, as security for the Loan, HJD Landlord, LLC will grant to City a mortgage on the Project (the City Mortgage); and Whereas, the HJD Landlord, LLC financing of the Project with American Trust and Savings Bank includes a mortgage (the Bank Mortgage) and requires that the City Mortgage be subordinate to the Bank Mortgage pursuant to a Subordination Agreement; and Whereas, it is the determination of the City Council that approval of the Loan Agree- ment, the City Mortgage, and the Subordination Agreement are 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 Loan Agreement and the City Mortgage with HJD Landlord, LLC, and the Subordination Agreement by and among the City, HJD Landlord, LLC and American Trust and Savings Bank are hereby approved. Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, the attached Loan Agreement, , the City Mort- gage, and the Subordination Agreement. Section 3. That the City Manager is hereby authorized to execute, on behalf of the City Council of the City of Dubuque, Iowa, all necessary documents in connection with the Loan Agreement, the City Mortgage, and the Subordination Agreement, and is fur- ther authorized to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance with the terms and conditions of the executed Loan Agreement. Passed, approved and adopted this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7 10. WS Live - Release of Obligation on Forgivable Loan: City Manager recommend- ing approval to release WS Live from any further obligations under Loan Agreement CDBG #1-2009 as of December 31, 2015, and authorizing staff to send a letter to the company acknowledging that the terms have been met and that the promissory note is considered paid in full. Motion by Jones to Receive and file the documents and adopt Resolution No. 58-16 Acknowledging satisfaction of the terms of a Loan Agreement providing for a Community Development Block Grant Loan of three hundred seventy- five thousand dollars ($375,000) to WS Live, LLC. Seconded by Resnick. Council Mem- ber Del Toro abstained from the vote stating that he is an employee of WS. Live. Motion carried 6-0 with Del Toro abstaining. RESOLUTION NO. 58-16 ACKNOWLEDGING SATISFACTION OF THE TERMS OF A LOAN AGREEMENT PROVIDING FOR A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN OF THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($375,000) TO WS LIVE, LLC Whereas, under provisions of Title I of the Housing and Community Development Act of 1974, as amended, the City of Dubuque, Iowa received Community Development Block Grant (CDBG) Funds for the purpose of stimulating economic development activi- ties within the community; and Whereas, the City of Dubuque, Iowa entered into Loan Agreement CDBG #1-2009 (the Loan Agreement) with WS Live, LLC to assist with the creation of new permanent employment opportunities for low and moderate income citizens, which included a for- givable $375,000 CDBG Loan; and Whereas, WS Live, LLC has satisfied all of the requirements of the Loan Agreement; and Whereas, the City Council has determined that WS Live, LLC should be released from all further obligations under the Loan Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Manager is hereby authorized to execute, on behalf of the City of Dubuque, Iowa, all necessary documents to release WS Live, LLC of all further obliga- tions under Loan Agreement CDBG #1-2009. Passed, approved and adopted this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Lab Technician, Lead Mechanic, Serviceworker and Scale Operator. Upon motion the documents were received, filed and made a Matter of Record. February 11, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Laboratory Technician was administered on December 16, 2015. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. 8 Laboratory Technician 1 Keith Ahlvin 2 Angela Allred 3 Sean Fitzgerald 4 Brian Noonan 5 Joseph Tubbs 6 Nathan Roberts 7 Scott Wickman Respectfully submitted, /s/Daniel White, Chairperson Civil Service Commission February 11, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Lead Mechanic was administered on January 11, 2016. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Lead Mechanic 1 Joseph Merfeld 2 Richard Zeller 3 David Nauman 4 James Smith 5 Chuck Fink 6 Darryl Galle 7 Robert Hall 8 Jason Pfohl g Richard Asbell 10 Duane Galle Respectfully submitted, /s/Daniel White, Chairperson Civil Service Commission February 11, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a written examination for the position of Service -worker was administered on January 20, 2016. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Service -worker 1 Dale Richardson 15 Chad Saeugling 2 Michael Griesinger 16 Nicholas Slocum 3 Steven Christ 17 Justin Licht 9 4 Dave Hanson 5 Christopher Hess 6 John Potter 7 Richard Zeller 8 Scott Morris 9 Bobby Lyons 10 Troy Rose 11 Donnie Wand 12 John Kirk 13 Douglas Kuehn 14 Michael Mangers 18 James Trierweiler 19 Barry Gibson 20 Kelvin Kennicker 21 Mark Duve 22 Pat Till 23 Duane Galle 24 Conan Grap 25 Nathan Mohr 26 Richard Asbell 27 James Calvert 28 Perry Martin 29 Jacob Trierweiler Respectfully submitted, /s/Dan White, Chairman Civil Service Commission February 11, 2016 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Scale Operator was administered on January 25, 2016. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Scale Operator 1 Teresa Bassler 13 Paula Hardin 2 Daniel Neyens 14 Rick Horsfield 3 Andrew Reittinger 15 Justin Licht 4 Janice Esser 5 Dana George 6 Robin Markus 7 James Schultz 8 Pamela Daack 9 Kevin Kratz 10 Ryan Cline 11 Douglas Kuehn 12 Mandy Ames 16 Teresa Behnke 17 Gary Burds 18 Angelic Ma 19 Susan Voss 20 Chad Berendes 21 Jill McClanahan 22 Michael McDonald 23 Joshua Saul 24 Lori Schmelzer 25 Louis Vorwald Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 12. Workers' Compensation Settlement Agreements: City Manager recommending approval of two agreements for Settlement regarding the Workers' Compensation Claims that were filed against the City of Dubuque by Arthur Hedley Jr. Upon motion the documents were received, filed and approved. 13. Appeal of Claim by Andrew Makovec: Correspondence from Andrew Makovec appealing the denial of his claim for property damage. Motion by Connors to receive and file the documents and refer to the City Attorney. Seconded by Rios. Following 10 questions from Council Member Connors, City Attorney Lindahl explained the process for re -investigating appealed claims, and City Clerk Firnstahl will correct Mr. Makovec's first name to "Andrew" as it was misstated as "Brian" on the agenda. Motion carried 7-0. 14. Asphalt Overlay Access Ramp Project #4 Acceptance: City Manager recom- mending acceptance of the public improvement construction contract and authorization of payment to Midwest Concrete, Inc. for the 2015 Asphalt Overlay Access Ramp Pro- ject Four. Upon motion the documents were received and filed and Resolution No. 59- 16 Accepting the 2015 Asphalt Overlay Access Ramp Project Four and authorizing the payment to the contractor was adopted. RESOLUTION NO. 59-16 ACCEPTING THE 2015 ASPHALT OVERLAY ACCESS RAMP PROJECT FOUR AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2015 Asphalt Overlay Access Ramp Project Four (the Project) has been completed by the Contractor, Midwest Con- crete, Inc. (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 $81,934.10; and Whereas, the Contractor has previously been paid $77,837.40, leaving a balance of $4,096.70; 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 $4,096.70 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 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2015 ASPHALT OVERLAY ACCESS RAMP PROJECT FOUR The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2015 Asphalt Overlay Access Ramp Project Four, and that said Pro- ject has been performed in compliance with the terms of the Public Improvement Con- tract, and that the total cost of the completed work is $88,211.08. Dated this 4th day of March, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 4th day of March, 2016. /s/Kevin S. Firnstahl, City Clerk 11 15. Catfish Creek Interceptor Sewer Repair Project Award: City Manager recom- mending that the award for the Catfish Creek Interceptor Sewer Repair Project to Top Grade Excavating, Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 16. Eagle Point Park Parking Lot Resurfacing Project Award: City Manager recom- mending that that the award for the Eagle Point Parking Lot Resurfacing Project to River City Paving be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 17. Pavement Marking Project Phase I Acceptance: City Manager recommending ac- ceptance of the public improvement construction contract for the 2015 Pavement Mark- ing Project Phase I as completed by SELCO, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 60-16 Accepting the 2015 Pavement Marking Pro- ject Phase I and authorizing the payment to the contractor was adopted. RESOLUTION NO. 60-16 ACCEPTING THE 2015 PAVEMENT MARKING PROJECT PHASE I AND AUTHOR- IZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2015 Pavement Marking Project Phase I (the Project) has been completed by the Contractor, SELCO, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accept- ed; and Whereas, the final contract amount for the Project is $57,819.91; and Whereas, the Contractor has previously been paid $54,928.91, leaving a balance of $2,891.00; 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. Section 2. The Finance Director is hereby directed to pay to the Contractor the bal- ance of the retainage of $2,891.00 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 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2015 PAVE- MENT MARKING PROJECT PHASE I The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2015 Pavement Marking Project Phase I, and that 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 $57,819.91. 12 Dated this 4th day of March, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 4th day of March, 2016. /s/Kevin S. Firnstahl, City Clerk 18. Pavement Marking Project Phase II Acceptance: City Manager recommending acceptance of the public improvement construction contract for the 2015 Pavement Marking Project Phase II, as completed by SELCO, Inc. Upon motion the documents were received and filed and Resolution No. 61-16 Accepting the 2015 Pavement Mark- ing Project Phase II and authorizing the payment to the contractor was adopted. RESOLUTION NO. 61-16 ACCEPTING THE 2015 PAVEMENT MARKING PROJECT PHASE II AND AUTHOR- IZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2015 Pavement Marking Project Phase II (the Project) has been completed by the Contractor, SELCO, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accept- ed; and Whereas, the final contract amount for the Project is $9,161.79; and Whereas, the Contractor has previously been paid $8,703.70, leaving a balance of $458.09; 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 $458.09 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 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2015 PAVE- MENT MARKING PROJECT PHASE II The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2015 Pavement Marking Project Phase II, and that 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 $9,161.79. Dated this 4th day of March, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 4th day of March, 2016. /s/Kevin S. Firnstahl, City Clerk 19. Land and Water Conservation Fund Grant Application for Eagle Point Park Envi- ronmental Restoration: City Manager recommending approval to submit a Fiscal Year 2016 Land and Water Conservation Fund Grant Application to the Iowa Department of 13 Natural Resources for the Eagle Point Park Environmental Restoration Project. Upon motion the documents were received and filed and Resolution No. 62-16 Authorizing LWCF Grant Application to Iowa Department of Natural Resources for Eagle Point Park Environmental Restoration Project was adopted. RESOLUTION NO. 62-16 AUTHORIZING LWCF GRANT APPLICATION TO IOWA DEPARTMENT OF NATU- RAL RESOURCES FOR EAGLE POINT PARK ENVIRONMENTAL RESTORATION PROJECT Whereas, the Iowa Department of Natural Resources has allocated grant funds from LWCF (Land and Water Conservation Fund) for projects that help establish natural are- as, encourage outdoor recreation, and enhance and protect Iowa's natural and cultural resources; and Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that in- cludes goals for environmental quality, park improvements, and stormwater manage- ment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the FY 2016 LWCF Grant Agree- ment with the Iowa Department of Natural Resources for the Eagle Point Park Environ- mental Restoration Project in the amount of $175,000. Section 2. That the City Council hereby provides its written assurance that the com- pleted project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Mediacom Communications Company: Correspondence from Lee Grassley, Sen- ior Manager of Government Relations for Mediacom Communications Company, inform- ing the City that the company will begin transforming its remaining analog channels to a digital format on April 13, 2016. Upon motion the documents were received and filed. 21. Improvement Contracts / Performance, Payment and Maintenance Bonds: Con- nolly Construction, Inc. for Timber-Hyrst Sanitary Sewer Extensions (North & South Lines); Portzen Construction, Inc. for the NW Arterial Fiber Optics - JFK to US 52 Pro- ject. Upon motion the documents were received, filed and approved. 22. Signed Contracts: IDOT Supplemental Agreement for Maintenance and Repair of Primary Roads in Municipalities; Management Agreement with Kenneth and Nancy Clayton for Miller -Riverview Park Campground; Dubuque Children's Zoo Boosters, Inc. Lease Agreement for Roosevelt Park; Tri-State Modelers Lease Agreement for Roose- velt Park. Upon motion the documents were received and filed. 23. Alcohol and Tobacco License Applications: City Manager recommending approv- al of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo- tion the documents were received and filed and Resolution No. 63-16 Approving appli- cations for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article 14 B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 64-16 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Io- wa Code 453A.47A were adopted. RESOLUTION NO. 63-16 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 Eagles Club, 1175 Century Dr., Class C Liquor (Sunday) Fareway, 2050 J F Kennedy Blvd, Class E Liquor, Class B Wine, Class C Beer Hy Vee #3, 400 Locust St., Class E Liquor, Class B Wine, Class C Beer (Sunday) Hy Vee Gas #3, 300 Locust St., Class C Beer, Class B Native Wine (Sunday) Kwik Stop 16th St. #300, 1215 East 16th St., Class E Liquor, Class B Wine, Class C Beer (Sunday) Kwik Stop Food Mart, 2360 Central Ave., Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Road Ranger #5159, 2175 Central Ave., Class C Beer, Class B Wine (Sunday) New BP, 1450 Loras Blvd., Class E Liquor, Class B Wine, Class C Beer (Sunday) Dubuque Museum of Art, 71 Locust St., Class C Liquor Passed, approved and adopted this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 64-16 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NIC- OTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 15 Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. BP Fuel, 1450 Loras Blvd. Passed, approved and adopted this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Fiscal Year 2016 Sewershed 5 Sanitary Sewer Manhole Project: City Manager recommending initiation of the public bidding procedure for the FY16 Sewershed 5 Sanitary Sewer Manhole Project, and further recommends that a public hearing be set for March 21, 2016. Upon motion the documents were received and filed and Resolution No. 65-16 FY16 Sewershed 5 Sanitary Sewer Manhole Project- preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the adver- tisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 21, 2016 in the Historic Federal Building. RESOLUTION NO. 65-16 FY16 SEWERSHED 5 SANITARY SEWER MANHOLE PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the FY16 Sewershed 5 Sanitary Sewer Manhole Project in the estimated amount $38,043.61, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 21 st day of March, 2016, at 6:30 p.m. in the His- toric Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Io- wa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The FY16 Sewershed 5 Sanitary Sewer Manhole Project is hereby ordered to be ad- vertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. 16 The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 24th day of March, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 4th day of April, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Grant of Easement for Ingress and Egress Across City -Owned Property - Manson Road: City Manager recommending setting a public hearing for April 4, 2016, on a re- quest received from Nancy A. Comer McNamer and Martin J. McNamer for the granting of an easement across a portion City -owned property to access their property, Lot 1 of McNamer Acres No. 4, from the Manson Road Right -of -Way. Upon motion the docu- ments were received and filed and Resolution No. 66-16 Resolution of Intent to Dispose of City interest by Grant of Ingress and Egress Easement to Nancy A. Comer McNamer and Martin J. McNamer over a portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1- 1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on April 4, 2016 in the Historic Federal Building. RESOLUTION NO. 66-16 INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF INGRESS AND EGRESS EASEMENT TO NANCY A. COMER MCNAMER AND MARTIN J. MCNAMER OVER A PORTION OF LOT 1-2-1-1-1-1-1-1-2-1-4 AND LOT 2-2-1-1-1-1-1-1-2-1-4 OF MIN- ERAL LOT 501, IN THE CITY OF DUBUQUE Whereas, Nancy A. Comer McNamer and Martin J. McNamer have requested a "Grant of Easement" for ingress and egress over a portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque for the purpose of accessing their property, Lot 1 of McNamer Acres No. 4, from the Manson Road Right of Way; and Whereas, the City of Dubuque is the owner of said Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council an exhibit showing the underlying portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubuque, for the proposed in- gress and egress easement in the City of Dubuque, Dubuque County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to grant an easement for ingress and egress over a portion of Lot 1-2-1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Min- eral Lot 501, in the City of Dubuque, Dubuque County, Iowa. Section 2. That the granting of easement in the City of Dubuque, Dubuque County, Iowa to Nancy A. Comer McNamer and Martin J. McNamer be contingent upon the payment of platting fees. 17 Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to dispose of City interest by grant of easement for a portion of Lot 1-2- 1-1-1-1-1-1-2-1-4 and Lot 2-2-1-1-1-1-1-1-2-1-4 of Mineral Lot 501, in the City of Dubu- que to be published in the manner as prescribed by law. Passed, approved and adopted this 7th day of March, 2016. Roy D. Buol, Mayor 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. Applicant appointments will be made at the next City Council meeting. 1. Community Development Advisory Commission: One, 3 year term through Febru- ary 15, 2017 (Vacant term of Kelley, former LMI Area Representative). Applicant: Julie Woodyard, 2015 Washington St. (Qualifies for LMI Area Representative) 2. Historic Preservation Commission: One, 3 -year term through July 1, 2016 (Vacant term of Whalen, W. 11th St. Historic District Resident). Applicant: Juan Nieto, 510 W. 11th St. (Qualifies for the W. 11th St. Historic District Resident). Mr. Nieto spoke in sup- port of his appointment. 3. Mechanical Code Board: Two, 3 -year terms through March 16, 2019 (Expiring terms of Billmeyer and Hillary). Applicants: Ronald Billmeyer, 2341 Coventry Park; Dan Hillary, 3087 Arbor Oaks. 4. Zoning Board of Adjustment: One, 5 -year term through March 25, 2021 (Expiring term of McCoy). Applicant: Jonathan McCoy, 263 Main St. Mr. Receipt of letter from Mr. McCoy expressing his desire to be reappointed. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. 1. SW Arterial Right -of -Way Property Acquisition: Proof of publication on notice of public hearing to commence a public improvement project and to establish Just Com- pensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn, if required, for the Southwest Arterial Project and the City Manager recommending approval. Motion by Jones to receive and file the doc- uments and adopt Resolution No. 67-16 Establishing the fair market value of real prop- erty for the Southwest Arterial Project, directing good faith negotiations for the acquisi- tion of property and authorizing the commencement of Eminent Domain proceedings, if necessary, to acquire property. Seconded by Connors. Gary Valentine, 11429 Edval Lane, stated that he has concerns with splitting his farmland for the project and the po- tential use of eminent domain adding that he would like a copy of the land appraisal for his property and the opportunity to seek his own appraisal and negotiate a purchase price. Responding to questions from the City Council, Assistant City Engineer Bob Schiesl explained the requirements and timeline the City must follow with land acquisi- tion for this project stating that Mr. Valentine will receive the information and have the opportunity to negotiate following City Council approval and notification to property owners. Motion carried 7-0. 18 RESOLUTION NO. 67-16 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE SOUTHWEST ARTERIAL PROJECT, DIRECTING GOOD FAITH NEGOTIATIONS FOR THE ACQUISITION OF PROPERTY AND AUTHORIZING THE COMMENCE- MENT 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: 1 Parcel Property Owner Name Fee Title (Acres) Permanent Easement (Acres) Temporary Easement (Acres) Just Compensation Value (Market Value) 112 Plastic Center, Inc. as described per Exhibit A 2.15 1.14 2.46 $ 191,800 113 Paul &Jane Cate as described per Exhibit B 43.51 0.61 0.0 $ 1,731,150 149 Ronald &Gary Valentine as described per Exhibit C 0.57 0.30 0.0 $ 10,080 150a Gary Valentine as described per Exhibit D 18.63 2.88 0.11 $ 497,062 150b Ron & Marlene Valentine as described per Exhibit E 25.53 3.92 2.53 $ 540,373 152 William Kress as described per Exhibit F 6.61 0.83 0.0 $ 94,838 161 Elizabeth Reuter as described per Exhibit G 45.33 4.86 1.18 $ 705,498 and; Whereas, Iowa law requires that the City make a good faith effort to negotiate with the owners regarding the purchase before proceeding with condemnation; and Whereas, the City may not make an offer to purchase a property which is less than the 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 prop- erties listed above is hereby established to be the amount of its appraised value as listed above. 19 Section 2. The City Manager is directed to enter into good faith negotiations for the acquisition for each of the above properties, and, if necessary, commence eminent do- main proceedings to acquire the properties. Passed, approved and adopted this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Paragon Square Urban Revitalization Plan: Proof of publication on notice of public hearing for the Paragon Square Urban Revitalization Plan which provides for a ten-year, one -hundred percent tax abatement for the redevelopment of the property located at 2887-2901 Central Avenue, the former Holy Ghost Convent and School. Motion by Connors to receive and file the documents and conduct the public hearing. Seconded by Jones. Motion carried 7-0. 3. Marquette Hall Urban Revitalization Plan: Proof of publication on notice of public hearing for the Marquette Hall Urban Revitalization Plan, which provides for a ten-year, one -hundred percent tax abatement for the redevelopment of the former Sacred Heart Elementary School, located at 2222 Queen Street, into 28 historic and affordable senior apartments. Motion by Connors to receive and file the documents and conduct the pub- lic hearing. Seconded by Lynch. Community Development Specialist Erica Haugen ex- plained the requirement for a 30 -day comments period before final approval of all four revitalization plans. Motion carried 7-0. 4. University Lofts Urban Revitalization Plan: Proof of publication on notice of public hearing for the University Lofts Urban Revitalization Plan which provides for the con- struction of a 56 -unit, senior multi -family housing at the corner of Alta Vista and Univer- sity. Motion by Jones to receive and file the documents and conduct the public hearing. Seconded by Resnick. Responding to questions from the City Council related to new construction plans being appropriate for the surrounding historic buildings, Planning Services Manager Laura Carstens explained that the while the site review committee will review plans and provided guidance, architectural design guidelines cannot be mandated since the project is not within a designated historic district. Motion carried 7- 0. 5. Lange Estate Urban Revitalization Area: Proof of publication on notice of public hearing for the Lange Estate Urban Revitalization Plan which establishes an urban revi- talization district at 3275 Pennsylvania Avenue and will provide for a ten-year residential abatement on the value of improvements, including new construction, for the proposed senior housing development. Motion by Lynch to receive and file the documents and conduct the public hearing. Seconded by Connors. Scott Kwiecinski, Development Manager for Horizon Development Group, Madison, WI, described the project, spoke in support of the recommendation and stated that HDG had reviewed the feedback pro- vided by the Long Range Planning Advisory Commission. Responding to questions from the City Council, LRPAC Chairperson Chad Darter explained that the Commission felt the project was not entirely in compliance with the City's Comprehensive Plan add- ing that it could be developed without the tax abatement since it is a green site and not a redevelopment site. Motion carried 7-0. 20 6. 2016 Bridge Repair Maintenance Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost of $399,545 for the 2016 Bridge Repairs and Maintenance Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 68-16 Approval of plans, specifications, form of contract, and estimated cost for the 2016 Bridge Repairs and Maintenance Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 68-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE 2016 BRIDGE REPAIRS AND MAINTENANCE PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 2016 Bridge Repairs and Maintenance Project, in the estimated amount $399,545.00, are hereby approved. Passed, adopted and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Heeb Street Retaining Wall Reconstruction Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and es- timated cost for the Heeb Street Retaining Wall Reconstruction Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 69-16 Approval of plans, specifications, form of contract, and estimated cost for the Heeb Street Retaining Wall Reconstruction Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 69-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE HEEB STREET RETAINING WALL RECONSTRUCTION PRO- JECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Heeb Street Retaining Wall Reconstruction Project, in the estimated amount $242,543.45, are hereby approved. Passed, adopted and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. 21 ACTION ITEMS 1. General Obligation Bond Sale, Series 2016ABC: City Manager recommending ap- proval of the suggested proceedings for directing sale of the $2,830,000 General Obli- gation Settlement Bonds, Series 2016A, $11,505,000 General Obligation Refunding Bonds, Series 2016B and $4,155,000 General Obligation Bonds, Series 2016C and awarding the bonds to the best bidder. The bond sale was held on March 7, 2016 at 11:00 a.m. and the results brought to the meeting. Motion by Connors to receive and file the documents and adopt the resolutions. Seconded by Jones. Tionna Pooler of Inde- pendent Public Advisors reviewed the bond sale, interest rates, bond rating and rec- ommendation. Motion carried 7-0. Resolution No. 70-16 Directing sale of $ $2,830,000 General Obligation Bonds, Se- ries 2016A; Resolution No. 71-16 Directing sale of $11,505,000 General Obligation Re- funding Bonds, Series 2016B; Resolution No. 72-16 Directing sale of $4,155,000 Gen- eral Obligation Bonds, Series 2016C; Resolution No. 73-16 Authorizing the redemption of outstanding General Obligation Bonds, Series 2003, of the City of Dubuque, State of Iowa, dated October 15, 2003, and directing Notice be given; Resolution No. 74-16 Au- thorizing the redemption of outstanding General Obligation Bonds, Series 2005A, of the City of Dubuque, State of Iowa, dated April 18, 2005, and directing Notice be given; Resolution No. 75-16 Authorizing the redemption of outstanding General Obligation Ur- ban Renewal Bonds, Series 2005B, of the City of Dubuque, State of Iowa, dated April 18, 2005, and directing Notice be given; Resolution No. 76-16 Authorizing the redemp- tion of outstanding General Obligation Bonds, Series 2006A, of the City of Dubuque, State of Iowa, dated May 2, 2006, and directing Notice be given; Resolution No. 77-16 Authorizing the redemption of outstanding General Obligation Stormwater Bonds, Se- ries 2008A, of the City of Dubuque, State of Iowa, dated November 4, 2008, and direct- ing Notice be given; Resolution No. 78-16 Authorizing the redemption of outstanding General Obligation Urban Renewal Bonds, Series 2008B, of the City of Dubuque, State of Iowa, dated November 4, 2008, and directing Notice be given. RESOLUTION NO. 70-16 DIRECTING SALE OF $2,830,000 GENERAL OBLIGATION BONDS, SERIES 2016A Whereas, bids have been received for the Bonds described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following: $2,830,000 General Obligation Bonds, Series 2016A Bidder: Raymond James & Associates of St. Petersburg, FL The terms of award: Final Par Amount as adjusted: $NIA Purchase Price as adjusted: $ 2,802,036.40 True Interest Rate: 3.015164% Net Interest Cost: $919,274.59 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. Section 2. That the statement of information for Bond bidders and the form of con- tract for the sale of the Bonds are hereby approved and the Mayor and Clerk are author- ized to execute the same on behalf of the City. 22 Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk and Finance Director done in furtherance of the sale of the Bonds are hereby rati- fied and approved. Passed and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 71-16 DIRECTING SALE OF $11,505,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2016B Whereas, bids have been received for the Bonds described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following: 11,505,000 General Obligation Refunding Bonds, Series 2016B Bidder: Robert W. Baird & Co., Inc. of Milwaukee, WI The terms of award: Final Par Amount as adjusted: $10,920,000 Purchase Price as adjusted: $ 11,446,514.34 True Interest Rate: 1.817900% Net Interest Cost: $996,697.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. Section 2. That the statement of information for Bond bidders and the form of con- tract for the sale of the Bonds are hereby approved and the Mayor and Clerk are author- ized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk and Finance Director done in furtherance of the sale of the Bonds are hereby rati- fied and approved. Passed and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 72-16 DIRECTING SALE OF $4,155,000 GENERAL OBLIGATION BONDS, SERIES 2016C Whereas, bids have been received for the Bonds described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following: $4,155,000 General Obligation Bonds, Series 2016C Bidder: Robert W. Baird & Co., Inc. of Milwaukee, WI The terms of award: Final Par Amount as adjusted: $4,145,000 Purchase Price as adjusted: $4,116,715.33 True Interest Rate: 2.841633% Net Interest Cost: $1,269,261.28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: 23 Section 1. That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. Section 2. That the statement of information for Bond bidders and the form of con- tract for the sale of the Bonds are hereby approved and the Mayor and Clerk are author- ized to execute the same on behalf of the City. Section 3. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk and Finance Director done in furtherance of the sale of the Bonds are hereby rati- fied and approved. Passed and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 73-16 AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2003, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED OCTOBER 15, 2003, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated October 6, 2003, authorize the issuance of $2,110,000 General Obligation Bonds, Series 2003, (the "Bonds") dated October 15, 2003; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2013 or any date thereafter upon giving notice in the manner provided in the resolution au- thorizing the issuance of the Bonds; and Whereas, it is deemed necessary and advisable that $1,025,000 be so redeemed on April 8, 2016 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding General Obligation Bonds, dated October 15, 2003, in the principal amount of $1,025,000, be and the same are hereby redeemed as of April 8, 2016. Wells Fargo Bank, N.A., in their capacity as Registrar and Paying Agent of the Bonds, is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of re- demption to be mailed to the registered owners of the Bonds by first class mail, and to notify DTC and EMMA (via searchable PDF electronic filing). Section 2. The Finance Director is hereby authorized and directed to cause to be de- posited in a separate fund sum sufficient to pay all principal and interest on the re- deemed Bonds to the date of redemption. Section 3. That the form of such notice be substantially as [provided]. Passed and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 74-16 AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2005A, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED APRIL 18, 2005, AND DIRECTING NOTICE BE GIVEN 24 Whereas, the City did by resolution dated April 4, 2005, authorize the issuance of $1,750,000 General Obligation Bonds, Series 2005A, (the "Bonds") dated April 18, 2005; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2015 or any date thereafter upon giving notice in the manner provided in the resolution au- thorizing the issuance of the Bonds; and Whereas, it is deemed necessary and advisable that $990,000 be so redeemed on April 8, 2016 and notice of redemption be given according to the terms of the resolu- tion authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding General Obligation Bonds, dated April 18, 2005, in the principal amount of $990,000, be and the same are hereby redeemed as of April 8, 2016. Wells Fargo Bank, N.A., in their capacity as Registrar and Paying Agent of the Bonds, is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of re- demption to be mailed to the registered owners of the Bonds by certified mail, and to notify DTC and EMMA (via searchable PDF electronic filing). Section 2. The Finance Director is hereby authorized and directed to cause to be de- posited in a separate fund sum sufficient to pay all principal and interest on the re- deemed Bonds to the date of redemption. Section 3. That the form of such notice be substantially as [provided]. Passed and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 75-16 AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2005B, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED APRIL 18, 2005, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated April 4, 2005, authorize the issuance of $4,270,000 General Obligation Urban Renewal Bonds, Series 2005B, (the "Bonds") dated April 18, 2005; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2015 or any date thereafter upon giving notice in the manner provided in the resolution au- thorizing the issuance of the Bonds; and Whereas, it is deemed necessary and advisable that $3,050,000 be so redeemed on April 8, 2016 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding General Obligation Urban Renewal Bonds, dated April 18, 2005, in the principal amount of $3,050,000, be and the same are hereby redeemed as of April 8, 2016. Wells Fargo Bank, N.A., in their capacity as Registrar and Paying Agent of the Bonds, is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of re - 25 demption to be mailed to the registered owners of the Bonds by certified mail, and to notify DTC and EMMA (via searchable PDF electronic filing). Section 2. The Finance Director is hereby authorized and directed to cause to be de- posited in a separate fund sum sufficient to pay all principal and interest on the re- deemed Bonds to the date of redemption. Section 3. That the form of such notice be substantially as [provided]. Passed and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 76-16 AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2006A, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED MAY 2, 2006, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated April 17, 2006, authorize the issuance of $2,900,000 General Obligation Bonds, Series 2006A, (the "Bonds") dated May 2, 2006; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2014 or any date thereafter upon giving notice in the manner provided in the resolution au- thorizing the issuance of the Bonds; and Whereas, it is deemed necessary and advisable that $1,830,000 be so redeemed on April 8, 2016 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding General Obligation Bonds, dated May 2, 2006, in the principal amount of $1,830,000, be and the same are hereby redeemed as of April 8, 2016. Wells Fargo Bank, N.A., in their capacity as Registrar and Paying Agent of the Bonds, is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of re- demption to be mailed to the registered owners of the Bonds by certified mail, and to notify DTC and EMMA (via searchable PDF electronic filing). Section 2. The Finance Director is hereby authorized and directed to cause to be de- posited in a separate fund sum sufficient to pay all principal and interest on the re- deemed Bonds to the date of redemption. Section 3. That the form of such notice be substantially as [provided]. Passed and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 77-16 AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION STORMWATER BONDS, SERIES 2008A, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED NOVEMBER 4, 2008, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated October 20, 2008, authorize the issuance of $3,885,000 General Obligation Stormwater Bonds, Series 2008A, (the "Bonds") dat- ed November 4, 2008; and 26 Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2016 or any date thereafter upon giving notice in the manner provided in the resolution au- thorizing the issuance of the Bonds; and Whereas, it is deemed necessary and advisable that $2,705,000 be so redeemed on June 1, 2016 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding General Obligation Stormwater Bonds, dated November 4, 2008, in the principal amount of $2,705,000, be and the same are hereby redeemed as of June 1, 2016. Wells Fargo Bank, N.A., in their capacity as Registrar and Paying Agent of the Bonds, is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of re- demption to be mailed to the registered owners of the Bonds by first class mail, and to notify DTC and EMMA (via searchable PDF electronic filing). Section 2. The Finance Director is hereby authorized and directed to cause to be de- posited in a separate fund sum sufficient to pay all principal and interest on the re- deemed Bonds to the date of redemption. Section 3. That the form of such notice be substantially as [provided]. Passed and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 78-16 AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2008B, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED NOVEMBER 4, 2008, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated October 20, 2008, authorize the issuance of $3,290,000 General Obligation Urban Renewal Bonds, Series 2008B, (the "Bonds") dated November 4, 2008; and Whereas, the Bonds are redeemable in any order of their numbering on June 1, 2016 or any date thereafter upon giving notice in the manner provided in the resolution au- thorizing the issuance of the Bonds; and Whereas, it is deemed necessary and advisable that $1,790,000 be so redeemed on June 1, 2016 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1. That outstanding General Obligation Urban Renewal Bonds, dated No- vember 4, 2008, in the principal amount of $1,790,000, be and the same are hereby re- deemed as of June 1, 2016. Wells Fargo Bank, N.A., in their capacity as Registrar and Paying Agent of the Bonds, is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by first class mail, and to notify DTC and EMMA (via searchable PDF electronic filing). Section 2. The Finance Director is hereby authorized and directed to cause to be de- posited in a separate fund sum sufficient to pay all principal and interest on the re- deemed Bonds to the date of redemption. 27 Section 3. That the form of such notice be substantially as [provided]. Passed and approved this 7th day of March, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Development Corporation. Highlights included review of the meeting and ex- ceeding the NEXT Campaign's four goals ahead of schedule in the areas of labor force; residential, commercial and industrial construction; average wage and population. Mr. Dickinson informed Council that Kristin Dietzel has been added to GDDC's staff as Vice President of Workforce Solutions; and it has received awards from the Small Business Development Corporation and the Iowa Association of Councils of Boards and Directors of Community Colleges. Responding to questions from the City Council, Mr. Dickinson state that data is reviewed monthly from the Department of Labor and that the Financial Services sector is seeing the most growth. Motion by Connors to receive and file the in- formation. Seconded by Jones. Motion carried 7-0. 3. City Hall Electrical Service Project Award: City Manager recommending award of the construction contract to the low bidder Hawkeye Electric for the base bid to replace the main 600 amp electrical service distribution panel and Alternative #1 to install sub - panels on the first, second and third floors. Motion by Connors to receive and file the documents and adopt Resolution No. 79-16 Awarding public improvement contract for the Dubuque City Hall — Electrical Service Project. Seconded by Jones. Responding to questions from the City Council, Project Manager Steve Brown stated that Hawkeye Electric does have an office in Dubuque but that Iowa Code general terms require ac- ceptance of the lowest responsive, responsible bidder regardless of location. Motion carried 7-0. RESOLUTION NO. 79-16 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE CITY HALL - ELECTRICAL SERVICE PROJECT Whereas, sealed proposals have been submitted by contractors for the Dubuque City Hall - Electrical Service Project (the Project) pursuant to Resolution No. 31-16 and No- tice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of February, 2016; and Whereas, said sealed proposals were opened and read on the 17th day of February, 2016 and it has been determined that Hawkeye Electric of Dubuque, Iowa, with a bid in the amount of $28,915.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Iowa Ero- sion Control, 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 March, 2016. Attest: Kevin S. Firnstahl, City Clerk 28 Roy D. Buol, Mayor 4. Fiscal Year 2016 Sewer Cured -in -Place Pipe (CIPP) Lining Project Award: City Manager recommending award of the construction contract for the FY16 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project to the low bidder SAK Construction, LLC. Motion by Lynch to receive and file the documents and adopt Resolution No. 80-16 Awarding public improvement contract for the FY16 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 80-16 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FY16 SANITARY SEWER CURED -IN-PLACE PIPE (CIPP) LINING PROJECT Whereas, sealed proposals have been submitted by contractors for the FY16 Sani- tary Sewer Cured -in -Place Pipe (CIPP) Lining Project (the Project) pursuant to Resolu- tion No. 32-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 5th day of February, 2016; and Whereas, said sealed proposals were opened and read on the 25th day of February, 2016 and it has been determined that SAK Construction, LLC of O'Fallon, Missouri, with a bid in the amount of $454,886.50, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to SAK Con- struction, LLC 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 March, 2016. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk 5. Code of Ordinances Amendment — Title 10 Public Ways and Property / Historic Preservation Regulations: City Manager recommending approval of an Ordinance cor- recting the reference for Historical Preservation to Title 16, Chapter 10, rather than the current Title 14, Chapter 6. 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. Se- conded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 1-16 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-3 Compliance with Historic Preservation Regulations by changing the reference location of the Historic Preservation Commission Applications and Procedures Provisions within the Code. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 1-16 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-3 COMPLIANCE WITH HISTORIC PRESERVATION REGULATIONS BY CHANGING THE REFERENCE LOCATION OF THE HISTORIC PRESERVATION COMMISSION APPLICATIONS AND PROCE- DURES PROVISIONS WITHIN THE CODE 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-3D-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-3D-3: COMPLIANCE WITH HISTORIC PRESERVATION REGULATIONS: The city manager shall not issue a permit for any encroachment which does not comply with the regulations set forth in Title 16, Chapter 10 of this code. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 7th day of March, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 11 th day of March, 2016. /s/Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Connors reported on the Black History Month event organized by the Multicultural Family Center and held at Inspire Cafe stating that it was a great cele- bration. City Manager Van Milligen provided an update on Senator Pam Jochum's proposed legislation related to the state's crime rates as discussed at the legislative dinner in No- vember 2015. CLOSED SESSION Motion by Jones at 7:45 p.m. to convene in closed session regarding pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second- ed by Resnick. Motion carried 7-0. Upon motion the City Council reconvened in open session at 8:25 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:26 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 30