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4 18 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 5:15 p.m. on April 18, 2016 in the Historic Federal Building, 350 W. 6tn Street. Present: Mayor Pro -Tem Jones (joined and 6:02 p.m.) Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, Assistant City Attor- ney Brumwell (joined at 5:19 p.m.) Absent: Mayor Buol Council Member Resnick read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Inclusive Dubuque. ELECTION OF PRESIDING OFFICER In the absence of Mayor Buol and Mayor Pro -Tem Jones, Council Member Connors motioned to elect At -Large Council Member Resnick as Presiding Officer. Seconded by Lynch. Motion carried 5-0. WORK SESSION Inclusive Dubuque Quarterly Report Human Rights Director Kelly Larson opened the work session with a statement that referenced the resent cross burning incident. Ms. Larson introduced Katrina Neely Far- ren -Eller, Inclusive Dubuque Coordinator; Eric Dregne, Vice President Strategic Initia- tives Community Foundation of Greater Dubuque; Sharon Covey, Dubuque Community Y/restorative strategies; Pauline Chilton, 4 the People; Art Roche, Marshallese Health Project; Matt Daughenbaugh, Mercy Medical Center Safe Zone training and generation- al differences in the workplace; David Schmitz, Dubuque Museum of Art (not in attend- ance); Stacia McDermott, Children of Abraham; Erin VanLaningham, Cultural Compe- tency Honors Program; Peter Smith, University of Dubuque student recruitment who presented on the following topics. • Mission Statement: Inclusive Dubuque is a local network of community leaders from fail, labor, education and government dedicated to advancing justice and social equity in our community. • Inclusive Dubuque Network Partners • History of Inclusive Dubuque • Purpose: Organizes people, identifies opportunities, takes action to challenge and change social and economic structure 1 • Community Equity Profiles and Community Survey Participation/Summary: eco- nomic wellbeing, housing, education, health, safe neighborhoods, transportation, arts/culture o Equity Working Groups: purpose, membership, data sources, process; re- sults and indicators • The Network @ Work: Loras College Honors Program; 4 the People; Children of Abraham; Dubuque Marshall Islands Health Project; City of Dubuque. The City Council had discussion with the presenters following the presentation. There being no further business, upon motion the City Council adjourned at 6:29 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on April 18, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol (via phone), Mayor Pro -Tem Jones; Council Members Connors, Del Toro, Lynch, Resnick, Rios; City Manager Van Milligen, Assistant City Attorney Brumwell 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 PRESENTATION Project Manager Steve Brown, Water & Resource Recovery Center Manager William O'Brien, and retired W&RRC Manager Jonathan Brown presented the 2016 "Best in State" Engineering Excellence Award from the American Council of Engineering Com- panies of Wisconsin recognizing the Water & Resource Recovery Center (W&RRC) Fa- cility Upgrade Project. PROCLAMATION(S) Days of Caring Weekend (April 22-23, 2016) was accepted by Jesse Ehrlich of the Days of Caring Committee. Money Smart Week (April 23-30, 2016) was accepted by Amy Muchmore of the Car- negie -Stout Public Library. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Council Member Connors requested Item Nos. 30 and 31 (Marquette Hall and Paragon Square Urban Revitalization Withdrawal of Petitions) be held for separate discussion. Motion carried 7-0. 1. Minutes and Reports Submitted: Upon motion the documents were received and filed. Cable TV Commission of 2/3; City Council Proceedings of 4/4; Community Devel- opment Advisory Commission of 3/16; Five Flags Civic Center Advisory Commission of 3/28; Proof of Publication for City Council Proceedings of 3/21; Proof of Publication for 3 Delinquent Utility Collection Accounts of 4/1; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 2/29. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Nathaniel and Megan Darby for property damage; James Sullivan/Nationwide Insurance for property damage; Tiffany Welton for vehicle damage. Upon motion the documents were received, filed and referred to the City At- torney. 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: Nathaniel Darby for property damage; James Sullivan for property dam- age; Tiffany Welton for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Art on the River Selections: Arts and Cultural Affairs Advisory Commission re- questing City Council concurrence with the selection of artwork for the 2016 Art on the River Exhibition. Upon motion the documents were received, filed and concurred. 5. White House Water Summit: City Manager transmitting a copy of the agenda that includes Mayor Roy Buol from the White House Water Summit held March 22, 2016 in Washington D.C. Upon motion the document was received and filed. 6. Authorization to Sign Purchase Contracts/Offers to Buy: City Manager recom- mending authorization for the Housing and Community Development Department Direc- tor to sign Purchase Contracts/Offers to Buy on behalf of the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 122-16 Authorizing the Housing and Community Development Director to execute purchase contracts/offers to buy on behalf of the City of Dubuque subject to final approval by the City Council was adopted. RESOLUTION NO. 122-16 AUTHORIZING THE HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE PURCHASE CONTRACTS/OFFERS TO BUY ON BEHALF OF THE CITY OF DUBUQUE SUBJECT TO FINAL APPROVAL BY THE CITY COUNCIL NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Housing and Community Development Director shall have the authori- ty to sign the following documents on behalf of the City: (a) Purchase Contracts (b) Offers to Buy All contracts/offers will be contingent on final approval of the City Council. If City Council does not approve the Purchase Contract or Offer to Buy the agreement is null and void. Section 2. The Department Director may delegate the authority granted herein pro- vided such delegation is in writing. 4 Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 7. AECOM Technical Services, Inc. Supplemental Agreement #16 for the Southwest Arterial Project: City Manager recommending approval for the City Manager to execute the Consultant Professional Services — Supplemental Agreement with AECOM Tech- nical Services, Inc. to include the completion of right-of-way property acquisition for the Southwest Arterial Project, subject to the concurrence of the Iowa Department of Trans- portation. Upon motion the documents were received and filed and Resolution No. 123- 16 Approving the Consultant Professional Services - Supplemental Agreement No. 16 between AECOM Technical Services, Inc. and the City of Dubuque for the completion of final Engineering Design Phase of the Southwest Arterial Project was adopted. RESOLUTION NO. 123-16 APPROVING THE CONSULTANT PROFESSIONAL SERVICES -SUPPLEMENTAL AGREEMENT NO. 16 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE CITY OF DUBUQUE FOR THE COMPLETION OF FINAL ENGINEERING DESIGN PHASE OF THE SOUTHWEST ARTERIAL PROJECT Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from U.S. Highway 20 to U.S. Highway 61/151, in Dubuque, Iowa; and Whereas, as a result of Iowa DOT specification modifications, the original scope of services needs to be revised to reflect modifications to previously -completed design el- ements, as well as new tasks which are required to continue to advance the completion of the final engineering design phase; and Whereas, the Consultant Professional Services - Supplemental Agreement authoriz- es AECOM to provide the revised scope of services to continue to advance the comple- tion of the final engineering design phase. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Consultant Professional Services - Supplemental Agreement No. 16 between AECOM Technical Services, Inc. and the City of Dubuque for the final engi- neering design phase of the Southwest Arterial project is hereby approved, subject to the concurrence of the Iowa Department of Transportation. Section 2. That the City Manager be authorized and directed to execute three copies of said Consultant Professional Services - Supplemental Agreement No. 16 with AECOM Technical Services, Inc. for the final engineering design phase of the South- west Arterial project. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 8. 28E Agreement - Key West Drive Reconstruction Project: City Manager recom- mending approval of a resolution to rescind Resolution No 86-16 and authorize the Mayor to executed a revised 28E Agreement for the reconstruction of Key West Drive. 5 Upon motion the documents were received and filed and Resolution No. 124-16 Re- scinding Resolution No. 86-16 and approving a 28E Agreement between the City of Dubuque and Dubuque County for the reconstruction of Key West Drive was adopted. RESOLUTION NO. 124-16 RESCINDING RESOLUTION NO. 86-16 AND APPROVING A 28E FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR THE RECONSTRUCTION OF KEY WEST DRIVE Whereas, Dubuque County rejected the 28E Agreement pending further review and revisions; and Whereas, the City Council passed Resolution 86-16, dated March 14, 2016, approv- ing the 28E Agreement between the City of Dubuque and Dubuque County for the re- construction of Key West Drive; and Whereas, the 28E Agreement will be revised and Resolution 86-16 should be re- scinded. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. The City Council of the City of Dubuque, Iowa hereby approves of, accepts and consents to the revised 28E Agreement between the City of Dubuque and Dubuque County. Section 2. Resolution 86-16 is hereby rescinded. Section 3.The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque the revised 28E Agreement. Passed, adopted and approved this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 9. Southwest Arterial Property Acquisitions: City Manager recommending approval of resolutions accepting Grants of Easements and Deeds from numerous property owners for the purchase of property for the Southwest Arterial Project. Upon motion the docu- ments were received and filed and Resolution No. 125-16 Accepting a Grant of Tempo- rary Construction Easement for the Southwest Arterial Project from Alice R. Kelly; Resolution No. 126-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project From Madeline Kotz; Resolution No. 127-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project From Wesley A. Siebe and Sandra S. Siebe; Resolution No. 128-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project From Dutrac Community Credit Union; Resolution No. 129-16 Accepting a Grant of Temporary Con- struction Easement for the Southwest Arterial Project From Isaac Hanna LLC; Resolu- tion No. 130-16 Accepting a Deed for the Southwest Arterial Project From Isaac Hanna L.L.C.; Resolution No. 131-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project From Pioneers Rest Area LLLP; Resolution No. 132- 16 Accepting a Deed for the Southwest Arterial Project From Leroy J. Bettcher and Jeanette Bettcher; Resolution No. 133-16 Accepting a Deed for the Southwest Arterial Project From R & M Quality Investments, LLC; Resolution No. 134-16 Accepting a Grant of Temporary Construction Easement for the Southwest Arterial Project from 6 Leroy J. Bettcher and Jeanette Bettcher; and Resolution No. 135-16 Accepting a Deed for the Southwest Arterial Project from Leroy J. Bettcher and Jeanette Bettcher were adopted. RESOLUTION NO. 125-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM ALICE R. KELLY Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Alice R. Kelly for the property legally described as: A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of the Southwest 1/4 of the Southeast 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 126-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM MADELINE KOTZ Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Madeline Kotz for the property legally described as: A parcel of land situated in part of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Southwest 1/4 of the Southeast 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 7 RESOLUTION NO. 127-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM WESLEY A. SIEBE AND SANDRA S. SIEBE Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Wesley A. Siebe and Sandra S. Siebe for the property legally described as: A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Southwest 1/4 of the Southeast 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 128-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM DUTRAC COMMUNITY CREDIT UNION Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with DuTrac Community Credit Union for the property legally described as: A parcel of land situated in part of Lot 2 of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 129-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM ISAAC HANNA LLC 8 Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Isaac Hanna LLC for the property le- gally described as: A parcel of land situated in part of Lot A of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa, as shown on the Temporary Ease- ment exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 130-16 ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM ISAAC HANNA LLC Whereas, the City of Dubuque entered into an agreement for the purchase of real es- tate for the Southwest Arterial Project with Isaac Hanna LLC for the property legally de- scribed as follows: A parcel of land situated in part of Lot A of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa as shown on the Acquisition Plat at- tached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 131-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM PIONEERS REST AREA LLLP Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Pioneers Rest Area LLLP for the prop- erty legally described as: A parcel of land situated in part of Lot 3 of Isaac Hanna Subdivision in the City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Temporary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 132-16 ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM LEROY J. BETTCHER AND JEANETTE BETTCHER Whereas, the City of Dubuque entered into an agreement for the purchase of real es- tate for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bettcher for the property legally described as follows: A parcel of land situated in part of Lot 2 of Lot 2 of Lot 1 of the Southeast 1/4 of the Southeast 1/4 and part of Lot 2 of Lot 1 of Lot 2 of Lot 1 of the Southeast 1/4 of the Southeast 1/4 all in Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The deed attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 133-16 ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM R & M QUALITY INVESTMENTS, LLC Whereas, the City of Dubuque entered into an agreement for the purchase of real es- tate for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bettcher for the property legally described as: A parcel of land situated in part of Lot 2 of Lot 2 of Lot 1 of the Southeast 1/4 of the Southeast 1/4 and part of Lot 2 of Lot 1 of Lot 2 of Lot 1 of the Southeast 1/4 of the Southeast 1/4 all of Section 29, Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto; and Whereas, R & M Quality Investments, LLC is a tenant; and Whereas, the City is required to obtain a release of the Tenant's rights; and Whereas, R & M Quality Investments, LLC has released its rights with the attached Quit Claim Deed. 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Quit Claim Deed from R & M Quality Investments, LLC attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 134-16 ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE SOUTHWEST ARTERIAL PROJECT FROM LEROY J. BETTCHER AND JEANETTE BETTCHER Whereas, the City of Dubuque entered into an agreement for the purchase of an easement for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bet- tcher for the property legally described as follows: A parcel of land situated in part of Lot 2 of Lot 2 of the Southwest 1/4 of the South- east 1/4 and in part of Lot 2 of Lot 2 of Lot 1 of the Southeast 1/4 of the Southeast 1/4 all in Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubu- que, County of Dubuque, State of Iowa, as more particularly shown on the Tempo- rary Easement exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Temporary Construction Easement attached hereto is hereby ac- cepted. 2. The City Clerk is authorized and directed to record this resolution and the Grant of Easement with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 135-16 ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM LEROY J. BETTCHER AND JEANETTE BETTCHER Whereas, the City of Dubuque entered into an agreement for the purchase of real es- tate for the Southwest Arterial Project with Leroy J. Bettcher and Jeanette Bettcher for the property legally described as follows: A parcel of land situated in part of Lot 2 of Lot 2 of the Southwest 1/4 of the South- east 1/4 of Section 29, Township 89 North, Range 2 East of the 5th P.M., City of Dubuque, County of Dubuque, State of Iowa, as more particularly shown on the Acquisition Plat exhibit attached hereto; and Whereas, the terms of the agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 11 1. The deed attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this resolution and the deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 10. Purchase of Property - 2249 Harold Street: City Manager recommending authori- zation to acquire a property located at 2249 Harold Street from Beth A. Brown for reha- bilitation and sale to a qualified homebuyer. Upon motion the documents were received and filed and Resolution No. 136-16 Approving the acquisition of real estate owned by Beth A. Brown at 2249 Harold Street in the City of Dubuque was adopted. RESOLUTION NO. 136-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY BETH A BROWN AT 2249 HAROLD STREET IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of rehabbing and reselling the property to income qualified households; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: Lot 30 and the North 5 feet of Lot 33 in J.P. Schroeder's Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, at the cost of Seventy -Nine Thousand Two Hundred Forty Dollars ($79,240.00). Section 2. That the City of Dubuque hereby approves the acquisition of 2249 Harold Street owned by Beth A. Brown at the cost of Seventy -Nine Thousand Two Hundred Forty Dollars ($79,240.00). Section 3. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 5. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 11. Five Flags Civic Center - Fiscal Year 2017 Detailed Operating Budget: City Man- ager recommending approval of the detailed Fiscal Year 2017 Operating Budget for the Five Flags Civic Center submitted by SMG. Upon motion the documents were received, filed and approved. 12 12. Community Foundation of Greater Dubuque - Iowa Reading Corps Agreement: City Manager recommending approval of a grant agreement with the Community Foun- dation of Greater Dubuque for Summer Academy 2016 AmeriCorps programming and wrap around care. Upon motion the documents were received, filed and approved. 13. SRF Green Alley Project Bid Set 2 - Year 2 Acceptance: City Manager recom- mending acceptance of the SRF Green Alley — Bid Set 2 Year 2 Project as completed by Drew Cook and Sons Excavating, and further recommends that the City Council adopt the Final Schedule of Assessments. Upon motion the documents were received and filed and Resolution No. 137-16 Accepting the SRF Green Alley Project - Bid Set 2 Year 2 and authorizing the payment of the contract amount to the contractor; and Reso- lution No. 138-16 Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 2 Year 2 were adopted. RESOLUTION NO. 137-16 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 2 YEAR 2 AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 2 Year 2 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the SRF Green Alley Project fund for the contract amount of $838,960.44 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 18th day of April, 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 2 YEAR 2 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the SRF Green Alley Project - Bid Set 2 Year 2, 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 $1,099,720.09. Dated this 14th day of April, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of April, 2016. /s/Kevin S. Firnstahl, City Clerk 13 RESOLUTION NO. 138-16 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 2 YEAR 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 3 inclusive, is hereby approved for the SRF Green Alley Pro- ject - Bid Set 2 Year 2. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi- cation once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second pub- lication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments of $500.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%) computed to December 1 next fol- lowing the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Delin- quent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk CITY OF DUBUQUE, IOWA SRF GREEN ALLEY PROJECT BID SET 2 — YEAR 2 FINAL SCHEDULE OF VALU- ATION AND PROPOSED ASSESSMENTS DATE: APRIL 22. 2016 The following schedule is hereby determined to show each lot proposed to be assessed for the improvement shown in the title together with the amount proposed to be as- sessed 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. 14 PARCEL NUMBER; PROPERTY OWNER NAME; LOT DESCRIPTION; STREET AD- DRESS; NET ASSESSED VALUATION; VALUATION WITH IMPROVEMENT; NET PAVING IMPROVEMENT COST; PUBLIC IMPROVEMENTS ASSESSMENT LORAS BOULEVARD TO FILLMORE STREET BETWEEN NORTH GRANDVIEW AVENUE AND ADAIR STREET 1023464001; Kimberly Cruciani; Lot 55 Woodlawn Park Add; 1498 N Grandview Ave; $79,840.00; $80,839.02; $999.02; $999.02 1023464002; Jack, Thomas B & Joanne G; Lot 54 Woodlawn Park Add; 1490 N Grandview Ave; $104,600.00; $105,599.02; $999.02; $999.02 1023464003; Glew, Steven J; Lot 53 Woodlawn Park Add; 1450 N Grandview Ave; $106,390.00; $107,389.02; $999.02; $999.02 1023464004; Smith, Robert W & Janice K; N 1/2 of Lots 51 & 52 Woodlawn Park Add; 1430 N Grandview Ave; $96,300.00; $97,299.02; $999.02; $999.02 1023464005; Roth, Deborah Ann, Schoen, Karla Kay, Meyer, William Clet; S 1/2 of Lots 51 & 52 Woodlawn Park Add; 1410 N Grandview Ave; $96,940.00; $97,939.02; $999.02; $999.02 1023464006; Mallder, Marian C; Lot 46 Woodlawn Park Add; 1495 Adair St; $120,430.00; $121,429.02; $999.02; $999.02 1023464007; Clark, Robert P; Lot 47 Woodlawn Park Add; 1475 Adair St; $76,490.00; $77,489.02; $999.02; $999.02 1023464008; Curler, Fred R; Lot 48 Woodlawn Park Add; 1455 Adair St; $92,390.00; $93,389.02; $999.02; $999.02 1023464009; Atchison, Jaime M; Lots 49 & 50 Woodlawn Park Add; 1425 Adair St; $84,010.00; $86,008.05; $1,998.05; $1,998.05 FILLMORE STREET TO DECORAH STREET BETWEEN NORTH GRANDVIEW AVENUE AND ADAIR STREET 1023459001; Fishnick, Tara; Lot 60 Woodlawn Park Add; 1590 N Grandview Ave; $74,790.00; $75,789.02; $999.02; $999.02 1023459002; Baumgartner, Martin; Lot 59 Woodlawn Park Add; 1570 N Grandview Ave; $60,910.00; $62,408.54; $1,498.54; $1,498.54 1023459003; Holman, Richard J & Becky S; Lot 58 & N 1/2 of Lot 57 Woodlawn Park Add; 1554 N Grandview Ave; $100,740.00; $102,238.54; $1,498.54; $1,498.54 1023459004; MN Investments LLC; Lot 56 & S 1/2 of Lot 57 Woodlawn Park Add; 1500 N Grandview Ave; $86,560.00; $88,058.54; $1,498.54; $1,498.54 1023459005; Nemmers, Randall F & Laurie L; Lot 41 Woodlawn Park Add; 1595 Adair St; $98,960.00; $99,959.02; $999.02; $999.02 1023459006; Nemmers, Randall F & Laurie L; Lot 42 Woodlawn Park Add; With 1595 Adair St; $13,500.00; $14,499.02; $999.02; $999.02 1023459007; Davis, Walter E & Cecelia A; Lot 43 Woodlawn Park Add; 1555 Adair St; $78,700.00; $79,699.02; $999.02; $999.02 1023459008; Queck Capital Management LLC; Lot 44 Woodlawn Park Add; 1523 Adair St; $106,620.00; $107,619.02; $999.02; $999.02 1023459009; Steffen, Malorie E.; Lot 45 Woodlawn Park Add; 1511 Adair St; $88,880.00; $89,879.02; $999.02; $999.02 DECORAH STREET TO DELAWARE STREET BETWEEN NORTH GRANDVIEW AVENUE AND ADAIR STREET 15 1023456001; Ganea, Gheorghe B; Lot 65 Woodlawn Park Add; 1690 N Grandview Ave; $90,690.00; $91,689.02; $999.02; $999.02 1023456002; Peil Jr, George F; Lots 64 & N 1/2 Of Lot 63 Woodlawn Park Add; 1670 N Grandview Ave; $98,270.00; $99,768.54; $1,498.54; $1,498.54 1023456003; Nauman, Robin Marie; Lot 62 & S 1/2 of Lot 63 Woodlawn Park Add; 1630 N Grandview Ave; $99,460.00; $100,958.54; $1,498.54; $1,498.54 1023456004; Matson, Joel Patrick & Amanda Hagen Matson; Lot 61 Woodlawn Park Add; 1610 N Grandview Ave; $109,630.00; $111,128.54; $1,498.54; $1,498.54 1023456005; Burton, Deborah A; Lots 36 & 37 Woodlawn Park Add; 1669 Adair St; $120,730.00; $122,228.54; $1,498.54; $1,498.54 1023456006; Watkins, Tyler R & Wakins, Esther J.; Lot 38 Woodlawn Park Add; 1657 Adair St; $78,090.00; $79,089.02; $999.02; $999.02 1023456007; Biedermann, Maxine A; Lot 39 Woodlawn Park Add; 1615 Adair St; $89,370.00; $90,369.02; $999.02; $999.02 1023456008; Biedermann, Maxine A; Lot 40 Woodlawn Park Add; With 1615 Adair St; $15,750.00; $16,749.02; $999.02; $999.02 1023453005; McAuliffe, Mary L & Daniel J; Lot 66 Woodlawn Park Add; With 1738 N Grandview; $21,540.00; $22,539.02; $999.02; $999.02 LORAS BOULEVARD TO FILLMORE STREET BETWEEN NORTH GRANDVIEW AVENUE AND ATLANTIC STREET 1026202002; Knudsen, Penelope M Revocable Trust; Lot 101 Woodlawn Park Add; 1675 Loras Blvd; $85,640; $87,638.05; $1,998.05; $1,998.05 1026202003; McCormick, Joseph J; Lot 100 Woodlawn Park Add; 1673 Loras Blvd; $78,880; $80,878.05; $1,998.05; $1,998.05 1023463001; Reiter, La Vern A & Gayle M; Lot 105 Woodlawn Park Add; 1490 Atlan- tic St; $113,650; $114,649.02; $999.02; $999.02 1023463002; Hoffmann, Marie J; Lot 104 Woodlawn Park Add; 1470 Atlantic St; $108,770; $109,769.02; $999.02; $999.02 1023463003; Quantum Holdings LLC; Lot 103 Woodlawn Park Add; 1460 Atlantic St; $91,370; $92,369.02; $999.02; $999.02 1023463004; Meyer, Virginia M Trust; Lot 96 Woodlawn Park Add; 1495 N Grandview Ave; $98,410; $99,409.02; $999.02; $999.02 1023463005; Luedtke, Linda M; Lot 97 Woodlawn Park Add; 1475 N Grandview Ave; $119,830; $120,829.02; $999.02; $999.02 1023463006; Kotz, Jacob & Melissa; Lot 98 Woodlawn Park Add; 1453 N Grandview Ave; $95,330; $96,329.02; $999.02; $999.02 FILLMORE STREET TO DECORAH STREET BETWEEN NORTH GRANDVIEW AVENUE AND ATLANTIC STREET 1023458001; Dolan, Joseph E & Margaret V; Lot 110 Woodlawn Park Add; 1596 At- lantic St; $88,780; $89,779.02; $999.02; $999.02 1023458002; Buechele, Robert & Sandra J; Lot 109 Woodlawn Park Add; 1580 At- lantic St; $99,520; $100,519.02; $999.02; $999.02 1023458003; Glew, Jan J & Patricia M; Lot 108 Woodlawn Park Add; 1550 Atlantic St; $75,510; $76,509.02; $999.02; $999.02 1023458004; Mulert, Teresa M FKA Vandermillen, Teresa M; Lot 107 Woodlawn Park Add; 1548 Atlantic St; $81,710; $82,709.02; $999.02; $999.02 16 1023458005; Bogosian, Richard A & Tina M A/K/A Richard & Tina Bogosian; Lot 106 Woodlawn Park Add; 1500 Atlantic St; $144,280; $145,279.02; $999.02; $999.02 1023458006; Haigh, Richard W & Pat J; Lot 91 Woodlawn Park Add; 1595 N Grandview Ave; $109,470; $110,469.02; $999.02; $999.02 1023458007; Hoff, Andre W & Kim L; Lot 92 Woodlawn Park Add; 1557 N Grandview Ave; $95,670; $96,669.02; $999.02; $999.02 1023458008; Honkamp, Joyce M Declaration of Trust; Lot 93 Woodlawn Park Add; 1555 N Grandview Ave; $101,270; $102,269.02; $999.02; $999.02 1023458009; Finger, Connie L; Lot 94 Woodlawn Park Add; 1553 N Grandview Ave; $78,420; $79,419.02; $999.02; $999.02 1023458010; Wiezorek, Charlene Jo; Lot 95 Woodlawn Park Add; 1515 N Grandview Ave; $94,370; $95,369.02; $999.02; $999.02 DECORAH STREET TO DELAWARE STREET BETWEEN NORTH GRANDVIEW AVENUE AND ATLANTIC STREET 1023455001; Sievers, Paul M & Diane M; Lots 115 & N 20' of Lot 114 Woodlawn Park Add; 1698 Atlantic St; $114,690; $116,088.63; $1,398.63; $1,398.63 1023455002; Richard F. Dunbar Separate Property Trust Agreement; Lot 113 & S 30' of Lot 114 Woodlawn Park Add; 1650 Atlantic St; $111,840; $113,438.44; $1,598.44; $1,598.44 1023455003; Johnson, Kelly John & Rebecca Lee; Lot 112 Woodlawn Park Add; 1616 Atlantic St; $122,130; $123,129.02; $999.02; $999.02 1023455004; Smith, Stacey L; Lot 111 Woodlawn Park Add; 1600 Atlantic St; $134,430; $135,429.02; $999.02; $999.02 1023455005; Kelley, Christina L; Lot 86 Woodlawn Park Add; 1695 N Grandview Ave; $78,300; $79,299.02; $999.02; $999.02 1023455006; Blackmore, Heather J; Lot 87 Woodlawn Park Add; 1655 N Grandview Ave; $93,120; $94,119.02; $999.02; $999.02 1023455007; World Wide Enterprises LLC; Lot 88 Woodlawn Park Add; 1641 N Grandview Ave; $88,640; $89,639.02; $999.02; $999.02 1023455008; Simon, Russell A & Kara A; Lot 89 Woodlawn Park Add; 1625 N Grandview Ave; $109,250; $110,249.02; $999.02; $999.02 1023455009; Lindecker, Scott J; Lot 90 Woodlawn Park Add; 1605 N Grandview Ave; $84,190; $85,189.02; $999.02; $999.02 CUSTER STREET TO LORAS BOULEVARD BETWEEN NORTH GRANDVIEW AVENUE AND ALTANTIC STREET 1026205001; Stribling Revocable Trust Dated 1/3/2008; N 1/2 Lot 47 & N 1/2 Lot 48 Tschirgi & Schwinds Sub; 1392 Atlantic St; $98,260; $99,259.02; $999.02; $999.02 1026205002; Duehr, John J.; S 1/2 of Lots 47 & 48 Tschirgi & Schwinds Sub; 1348 Atlantic St; $106,010; $107,009.02; $999.02; $999.02 1026205003; Lessei, Sally; Lot 49 Tschirgi & Schwinds; 1334 Atlantic St; $90,390; $91,389.02; $999.02; $999.02 1026205004; Berzins, Mirdza E.; Lot 50 Tschirgi & Schwinds; 1324 Atlantic St; $115,000; $115,999.02; $999.02; $999.02 1026205005; Brauer, Yolanda L; Lot 51 Tschirgi & Schwinds; 1314 Atlantic St; $116,590; $117,589.02; $999.02; $999.02 17 1026205006; Kurt, Barbara B; Tschirgi-Schwinds Sub 52 Sub 53 Tschirgi-Schwinds Sub 1 Sub 39 Tschirgi-Schwinds Sub 1; 1304 Atlantic St; $106,240; $107,239.02; $999.02; $999.02 1026205007; Lam, Wai C; Lot 60 & W 1/2 Lot 59 Tschirgi & Schwinds Sub; 1628 Lo- ras Blvd; $93,030; $96,027.07; $2,997.07; $2,997.07 1026205009; Risley, James A & Kay F; Lot 1 Earl Place; 1321 N Grandview Ave; $174,970; $176,526.33; $1,556.33; $1,556.33 1026205010; Burds, Ann M & Ronald J; Lot 2 Earl Place; 1311 N Grandview Ave; $145,000; $146,258.98; $1,258.98; $1,258.98 1026205011; Dunbar, Richard F Separate Property Trust; Lot 2-39 & Lot 2-53 Both In Tschirgi & Schwinds Sub; 1302 Atlantic St; $136,550; $138,367.16; $1,817.16; $1,817.16 1026205012; Glanz, Michael E & Dianne L; Lot 1-38 Tschirgi & Schwinds Sub; 1305 N Grandview Ave; $125,070; $127,201.93; $2,131.93; $2,131.93 BUNKER HILL ROAD TO POPLAR STREET BETWEEN ASBURY ROAD AND FIN - LEY STREET 1023351003; Burian, Mark D. & Dawn M.; Lot 137 Finley Add; 1909 Asbury Rd; $117,150; $118,961.27; $1,811.27; $1,811.27 1023351004; Theisen, Joshua D.; Lot 136 Finley Add; 1905 Asbury Rd; $144,360; $146,171.27; $1,811.27; $1,811.27 1023351005; Allen, Dale R; Lot 135 Finley Add; 1895 Asbury Rd; $164,150; $165,961.27;$1,811.27; $1,811.27 1023351006; Welsh, Vincent W & Marcelline M; Lots 4, 9, 10 & NW 30' of Lots 8 & 11 & NW 40' of Lot 14 Salots Sub; 1889 Asbury Rd; $92,170; $93,267.74; $1,097.74; $1,097.74 1023351007; Chapman, Cynthia J & Morrow, Mary K; Lot 3 Weber Sub; 1885 Asbury Rd; $153,330; $154,702.18; $1,372.18; $1,372.18 1023351010; Heri, Monica; Lot 2-1 & 2-2 Weber Sub; 2339 Poplar St; $109,960; $112,058.37; $2,098.37; $2,098.37 1023351011; Stelken, Joseph L; Lot 2 Sub of 140, 141 142 Finley Add; 1850 Bunker Hill Rd; $155,110; $158,133.61; $3,023.61; $3,023.61 1023351012; Driscoll, Daniel L & Mary Jane; Lot 1 Sub 140, 141 & 142 Finley Add; 1896 Finley St.; $170,290; $172,414.00; $2,124.00; $2,124.00 1023351014; Daly, Jack B; NE 102' of 143 & NE 102' of Lot 144 & NE 102' of 145 Finley Add; 2345 Poplar St; $161,910; $166,983.53; $5,073.53; $5,073.53 14. SRF Green Alley Project Bid Set 3 Year 2 Acceptance: City Manager recom- mending acceptance of the SRF Green Alley — Bid Set 3 Year 2 Project, as completed by Portzen Construction and further recommends that the City Council adopt the Final Schedule of Assessments for this project. Upon motion the documents were received and filed and Resolution No. 139-16 Accepting the SRF Green Alley Project - Bid Se 3 Year 2 and authorizing the payment of the contract amount to the contractor; and Reso- lution No. 140-16 Adopting the Final Assessment Schedule for the SRF Green Alley Project - Bid Set 3 Year 2 were adopted. 18 RESOLUTION NO. 139-16 ACCEPTING THE SRF GREEN ALLEY PROJECT - BID SET 3 YEAR 2 AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set 3 Year 2 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; 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 $1,324,282.02 less any re- tained 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 18th day of April, 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 3 YEAR 2 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the SRF Green Alley Project - Bid Set 3 Year 2, 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 $1,560,731.58. Dated this 14th day of April, 2016. Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of April, 2016. Kevin S. Firnstahl, City Clerk RESOLUTION NO. 140-16 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY PROJECT - BID SET 3 YEAR 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 3 inclusive, is hereby approved for the SRF Green Alley Pro- ject - Bid Set 3 Year 2. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. 19 The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi- cation once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second pub- lication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments of $500.00 or more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%) computed to December 1 next fol- lowing the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Delin- quent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk CITY OF DUBUQUE, IOWA SRF GREEN ALLEY PROJECT BID SET 3 — YEAR 2 FINAL SCHEDULE OF VALU- ATION AND PROPOSED ASSESSMENTS APRIL 22, 2016 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; NET PAVING IMPROVEMENT DEFICIENCY; TO- TAL PUBLIC IMPROVEMENT COST; TOTAL NET ASSESSMENT PLEASANT VIEW TO PUTNAM BETWEEN VENTURA AND BROADWAY 1013303002; McEnany, Ruth Ann; Lot 2-2-1-1 & Lot 2-1 of Mineral Lot 319; 2780 Broadway St; $90,820; $92,563.14; $1,743.14; $0.00; $1,743.14; $1,743.14 1013305001; Sabers, Kristina K; Lot 1 -3 -Mineral Lot 319; 2766 Broadway St; $89,380; $90,713.15; $1,333.15; $0.00; $1,333.15; $1,333.15 1013305002; Krabbenhoft, Keith J & Tina J; Lot 2 -3 -Mineral Lot 319; 2764 Broadway St; $102,270; $103,203.38; $933.38; $0.00; $933.38; $933.38 1013305003; Plunkett, Brian L & Peggy A; Lot 3 -3 -Mineral Lot 319; 2760 Broadway St; $84,540; $85,473.38; $933.38; $0.00; $933.38; $933.38 1013305004; Turner, Erwin G; Lot 4 -3 -Mineral Lot 319; 2756 Broadway St; $95,110; $96,043.38; $933.38; $0.00; $933.38; $933.38 20 1013305005; Cross, Anthony J & Angela J; Lot 5 -3 -Mineral Lot 319; 2752 Broadway St; $103,000; $103,933.38; $933.38; $0.00; $933.38; $933.38 1013305006; Dean, Gerald H & Carmelita; Lot 6 -3 -Mineral Lot 319; 2750 Broadway St; $84,490; $85,423.38; $933.38; $0.00; $933.38; $933.38 1013305007; Backes, Leslie A; Lot 7 -3 -Mineral Lot 319; 2746 Broadway St; $88,760; $89,693.38; $933.38; $0.00; $933.38; $933.38 1013305008; Gottschalk, Ronald D & Mary Ann; Lot 5 Blk 1 Broadway Heights; 2730 Broadway St; $106,610; $107,665.26; $1,055.26; $0.00; $1,055.26; $1,055.26 1013305018; Moss, Melvin & Ernestine; Lot 6 Blk 1 Broadway Heights; 2715 Ventura Dr; $138,930; $140,497.25; $1,567.25; $0.00; $1,567.25; $1,567.25 KING TO MONROE BETWEEN FULTON AND KANE 1013351003; Rang, Andrew J & Christie A; Lot 2-42 Wm Rebman's Sub; 326 Monroe St; $118,450; $120,294.49; $1,844.49; $0.00; $1,844.49; $1,844.49 1013351005; Brown, Marjorie E & Erik W; Lot 45 Wm Rebman's Sub; 330 Monroe St; $59,370; $60,359.36; $989.36; $0.00; $989.36; $989.36 1013351018; Donovan, Justin D; Lot 1-41 & Lot 1-42 Rebman's Sub; 2651 Fulton St; $81,950; $82,939.36; $989.36; $0.00; $989.36; $989.36 1013351019; Sheehan, Erica C; Lot 40 Wm Rebman's Sub; 2645 Fulton St; $72,770; $73,759.36; $989.36; $0.00; $989.36; $989.36 1013351020; Sroka, Denise A; Lot 39 Rebman's Sub; 2641 Fulton St; $120,270; $121,259.36; $989.36; $0.00; $989.36; $989.36 1013351021; Demers, Eric M; Lot 38 Wm Rebman's Sub; 2635 Fulton St; $105,490; $106,479.36; $989.36; $0.00; $989.36; $989.36 1013351022; Stant, Paul J & Jaymis E; Lot 37 Rebman's Sub; 2629 Fulton St; $134,540; $135,529.36; $989.36; $0.00; $989.36; $989.36 1013351023; Sauser, Douglas C; Lot 36 Rebman's Sub; 2621 Fulton St; $43,880; $44,869.36; $989.36; $0.00; $989.36; $989.36 1013351024; Brandt, Marie M; Lot 2-12 Highland Add and Lot 35 Wm Rebman Sub; 2617 Fulton St; $108,050; $109,045.61; $995.61; $0.00; $995.61; $995.61 1013351025; Petrick, Carol S; Lot 1 Fulton Place; 2605 Fulton St; $94,410; $95,563.19; $1,153.19; $0.00; $1,153.19; $1,153.19 1013351034; Miller, Richard R & Gina M; Lots 43 & 44 Rebman's Sub; 328 Monroe St; $52,040; $54,375.64; $2,335.64; $0.00; $2,335.64; $2,335.64 DECORAH TO DELAWARE BETWEEN ASHTON AND AVOCA 1023385001;Reding, Ronald J & Chryanne; Lot 322 Woodlawn Park Add;1694 Avo- ca St; $88,850; $89,738.06; $888.06; $0.00; $888.06; $888.06 1023385002;Engling, Elmer C & Marilyn J; Lots 320 & 321 Woodlawn Park;1674 Av- oca St; $125,240; $127,016.13; $1,776.13; $0.00; $1,776.13; $1,776.13 1023385004; Richard, Thomas J.;E 1/2 of Lots 318 & 319 Woodlawn Park Add;2155 Decorah St; $119,150; $120,926.13; $1,776.13; $0.00; $1,776.13; $1,776.13 1023385005; Gassmann, Lyle A Dec of Tr 10/13/05 Trustee; Lot 306 Woodlawn Park Add;2120 Delaware St; $146,620; $147,508.06; $888.06; $0.00; $888.06; $888.06 1023385006; Rang, Rosanne M; Lot 307 Woodlawn Park Add; 1657 Ashton PI; $77,720; $78,608.06; $888.06; $0.00; $888.06; $888.06 1023385007;Schrobilgen, Wayne G & Jeane M; Lot 308 Woodlawn Park Add;1655 Ashton PI; $97,900; $98,788.06; $888.06; $0.00; $888.06; $888.06 21 1023385008;Selchart, Gina M;Lot 309 Woodlawn Park Add;1631 Ashton PI; $103,310; $104,198.06; $888.06; $0.00; $888.06; $888.06 1023385009; Kirschbaum, Don & Ardeth M; Lot 310 Woodlawn Park Add;1625 Ashton PI; $115,240; $116,128.06; $888.06; $0.00; $888.06; $888.06 KAUFMANN TO W. 23RD (BETWEEN VALERIA AND FRANCIS) & VALERIA to AL- LEY (BETWEEN W. 23RD AND KAUFMANN) 1024128006; Rupp, Keith D & Jane M; Lot 31 Tivoli Add; 140 W 23rd St; 89,040; $91,360.15; $2,320.15; $0.00; $2,320.15; $2,320.15 1024128007; Arlen, Daniel J & Mary R; W 50' of Lot 30 Tivoli Add 130-1301/2 W 23rd St; 130 W 23rd St; 61,320; $62,208.06; $888.06; $0.00; $888.06; $888.06 1024128008; Queck Capital Management LLC; Lot 34 Tivoli Add 275-275 1/2 Vale - ria; 275 Valeria St; 62,410; $63,248.94; $838.94; $0.00; $838.94; $838.94 1024128009; Woodward, Jacqueline C; Lot 35 Tivoli Add; 271 Valeria St; 43,900; $44,738.32; $838.32; $0.00; $838.32; $838.32 1 0241 2801 0; Dublinz 4 LLC; N 1/2 of Lot 36 Tivoli Add; 261 Valeria St; 51,090; $51,518.80; $428.80; $0.00; $428.80; $428.80 1 0241 2801 1; Dublinz 4 LLC; S 1/2 of Lot 36 Tivoli Add 259-259 1/2 Valeria; 259 Va- leria St; 50,890; $51,318.80; $428.80; $0.00; $428.80; $428.80 1 0241 2801 2; Dix, Ronald; Lot 37 Tivoli Add; 247 Valeria St; 76,740; $77,597.57; $857.57; $0.00; $857.57; $857.57 1 0241 2801 3; Reding, Stephanie L; Lot 2-40 Tivoli Add; 235 Valeria St; 59,490; $60,331.79; $841.79; $0.00; $841.79; $841.79 1 0241 2801 5; Harbaugh, Melinda S; Lot 39 Tivoli Add; 191 Kaufmann Ave; 65,850; $66,823.33; $973.33; $0.00; $973.33; $973.33 1 0241 2801 6; Fortmann, Robert W & Judith A; Lot 38 Tivoli Add; 183 Kaufmann Ave; 86,830; $87,793.91; $963.91; $0.00; $963.91; $963.91 1 0241 2801 8; Mcdonald, Timothy M & Kristine M; Lot 29 & N 1/2 of Lot 28 Tivoli Add; 2285 Francis St; 121,500; $122,930.85; $1,430.85; $0.00; $1,430.85; $1,430.85 1 0241 2801 9; Vanostrand, Dana Jo; S 1/2 of Lot 28 Tivoli Add; 2265 Francis St; 61,120; $61,596.95; $476.95; $0.00; $476.95; $476.95 1024128020; Cupps, Terry A; N 45' of Lot 27 Tivoli Add; 2261 Francis St; 60,940; $61,798.51; $858.51; $0.00; $858.51; $858.51 1024128021; Maiden, Tara J; N 1/2 of Lot 26 & S 5' of Lot 27 Tivoli Add; 2255 Fran- cis St; 72,120; $72,692.34; $572.34; $0.00; $572.34; $572.34 1024128022; Queck Properties LLC; S 1/2 of Lot 26 Tivoli Add; 2249 Francis St; 57,750; $58,226.95; $476.95; $0.00; $476.95; $476.95 1024128023; Pickel, Bonita K; Lot 25 Tivoli Add; 2239 Francis St; 58,490; $59,443.90; $953.90; $0.00; $953.90; $953.90 1024128024; Schwartz, Thomas P & Mary V; Lot 24 Tivoli Add; 2231 Francis St; 107,210; $108,163.90; $953.90; $0.00; $953.90; $953.90 1024128025; Dralle, Keith H. & Susan K; Lot 23 Tivoli Add; 2221 Francis St; 71,740; $72,693.90; $953.90; $0.00; $953.90; $953.90 1024128026; Nodolf, Gary E; Lot 22 Tivoli Add; 2215 Francis St; 64,250; $65,203.90; $953.90; $0.00; $953.90; $953.90 1024128027; Hickson, William J; Lot 2-21 Tivoli Add; 2207 Francis St; 55,200; $55,756.17; $556.17; $0.00; $556.17; $556.17 22 1024128028; Helgerson, Nick A & Sondra J Rev Living Trust; Lot 1-21 Tivoli Add; 2205 Francis St; 48,370; $48,669.29; $299.29; $0.00; $299.29; $299.29 25TH TO 26TH BETWEEN JACKSON AND WASHINGTON 1013335001; Wilkerson, William A. & Kelsey M; N 31' of Lot 17 E Langworthy Add; 2576 Jackson St; $73,470; $74,085.72; $615.72; $0.00; $615.72; $506.00; $1,121.72; $615.72 1013335002; McDermott, Dan R & Melissa M; S 25' of Lot 17 E Langworthy; 2574 Jackson St; $49,760; $50,256.55; $496.55; $0.00; $496.55; $506.00; $1,002.55; $496.55 1013335003; Tunque, Joel D & Elenita S; N 1/2 Lot 16 E Langworthy Add; 2572 Jackson St; $78,540; $79,036.55; $496.55; $0.00; $496.55; $506.00; $1,002.55; $496.55 1013335004; Wells Fargo Bank Na; S 1/2 Lot 16 E Langworthy Add; 2570 Jackson St; $65,280; $65,776.55; $496.55; $0.00; $496.55; $506.00; $1,002.55; $496.55 1013335005; Healey Jr, Joseph A & Amanda M; Lot 15 E Langworthy Add; 2568 Jackson St; $68,030; $69,023.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335006; Tuthill, Scott A & Jaymis E; Lot 14 E Langworthy Add; 2564 Jackson St; $63,710; $64,703.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335007; Regan, Patricia A; Lot 13 E Langworthy Add; 2560 Jackson St; $55,820; $56,813.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335008; K E Joint Ventures LLC; Lot 1-12 E Langworthy Add; 2556 Jackson St; $62,880; $63,386.48; $506.48; $0.00; $506.48; $506.00; $1,012.48; $506.48 1013335009; Klauer, Robert F.; Lot 2-12 E Langworthy Add; 2554 Jackson St; $74,710; $75,196.62; $486.62; $0.00; $486.62; $506.00; $992.62; $486.62 1013335010; Moeller, Joyce S; Lot 11 E Langworthy Add; 2552 Jackson St; $48,360; $49,353.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335011; Kress, Karen K; Lot 10 E Langworthy Add; 2548 Jackson St; $65,440; $66,310.49; $870.49; $0.00; $870.49; $506.00; $1,376.49; $870.49 1013335012; Brimmer, James C & Susan L; Lot 9 E Langworthy Add; 2544 Jackson St; $64,920; $65,913.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335013; Livermore, Sarah E; Lot 1-8 E Langworthy Add; 2540 Jackson St; $50,260; $50,779.24; $519.24; $0.00; $519.24; $506.00; $1,025.24; $519.24 1013335014; Davis, Jeffrey D & Margie L; Lot 2-8 E Langworthy Add; 2538 Jackson St; $50,300; $50,773.86; $473.86; $0.00; $473.86; $506.00; $979.86; $473.86 1013335015; Briceland, Scott; Lot 7 E Langworthy Add; 2536 Jackson St; $112,550; $113,543.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335016; Walbrun, Dale E & Regina A; Lot 1-6 E Langworthy Add; 2532 Jackson St; $94,190; $95,048.24; $858.24; $0.00; $858.24; $506.00; $1,364.24; $858.24 1013335017; Riniker, Anna M & Baumgartner, Daniel; N 1/2 Lot 5 & Lot 2-6 E Lang- worthy Add; 2528 Jackson St; $39,990; $40,848.24; $858.24; $0.00; $858.24; $506.00; $1,364.24; $858.24 1013335018; Lampe, Philip N & Lynn E; N 14' of Lot 4 & S 1/2 of Lot 5 E Langworthy Add; 2524 Jackson St; $67,100; $67,874.62; $774.62; $0.00; $774.62; $506.00; $1,280.62; $774.62 23 1013335019; Ninneman, Dorothy J; S 36' of Lot 4 E Langworthy; 2520 Jackson St; $74,310; $75,025.03; $715.03; $0.00; $715.03; $506.00; $1,221.03; $715.03 1013335022; Schmidt, Kevin A & Linda J; Lot 1 E Langworthy Add; 2500 Jackson St; $87,480; $88,473.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335023; Hahlen, Brett A; W 38'6" Lot 18 E Langworthy; 232 E 26th St; $45,990; $46,849.50; $859.50; $0.00; $859.50; $506.00; $1,365.50; $859.50 1013335025; Parazine, Larry D; Lot 19 & N 1/2 Lot 20 E Langworthy Add; 2567 Washington St; $62,970; $64,459.65; $1,489.65; $0.00; $1,489.65; $378.41; $506.00; $2,374.06; $1,489.65 1013335026; Wells Fargo Bank Na; S 1/2 Lot 20 & N 1/2 Lot 21 E Langworthy Add; 2563 Washington St; $45,410; $46,403.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335027; Queck Capital Mgmt Co; S 1/2 Lot 21 & N 1/2 Lot 22 E Langworthy Add; 2559 Washington St; $64,770; $65,763.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335028; Abitz, Jim R & Therese M; Lot 23 & S 1/2 Lot 22 E Langworthy Add; 2555 Washington St; $74,510; $75,999.65; $1,489.65; $0.00; $1,489.65; $378.41; $506.00; $2,374.06; $1,489.65 1013335029; Mcmahon Real Est Rentals LLC; Lot 24 E Langworthy Add; 2551 Washington St; $60,170; $60,885.03; $715.03; $0.00; $715.03; $506.00; $1,221.03; $715.03 1013335030; Pfab, Linda; Lot 25 E Langworthy Add; 2547 Washington St; $59,540; $60,622.02; $1,082.02; $0.00; $1,082.02; $506.00; $1,588.02; $1,082.02 1013335031; Hirschy Companies LLC; Lot 26 E Langworthy Add; 2543 Washington St; $83,360; $84,353.10; $993.10; $0.00; $993.10; $378.41; $506.00; $1,877.51; $993.10 1013335032; Dress, Edward L & Charlotte A; N 1/2 Lot 27 E Langworthy Add; 2539 Washington St; $57,820; $58,316.55; $496.55; $0.00; $496.55; $378.41; $506.00; $1,380.96; $496.55 1013335033; Geesey, Christine Marie; S 1/2 Lot 27 E Langworthy Add; 2535 Wash- ington St; $47,290; $47,786.55; $496.55; $0.00; $496.55; $506.00; $1,002.55; $496.55 1013335034; T & M Investment Properties LLC; Lot 28 E Langworthy Add; 2531 Washington St; $70,170; $71,163.10; $993.10; $0.00; $993.10; $378.41; $506.00; $1,877.51; $993.10 1013335035; Green, Stacy E; Lot 29 E Langworthy Add; 2527 Washington St; $71,750; $72,743.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335036; Ehlers, Andrea M.; Lot 30 E Langworthy Add; 2523 Washington St; $97,570; $98,563.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335037; Kimble, Robert E & Nellie J; Lot 31 E Langworthy Add; 2519 Washing- ton St; $91,340; $92,333.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335038; Duschen, Lawrence D; Lot 32 E Langworthy Add; 2515 Washington St; $69,700; $70,693.10; $993.10; $0.00; $993.10; $506.00; $1,499.10; $993.10 1013335039; Frick, Lawrence Arthur; N 30' of Lot 33 E Langworthy; 2509 Washing- ton St; $79,240; $79,835.86; $595.86; $0.00; $595.86; $378.41; $506.00; $1,480.27; $595.86 24 1013335040; Avanarius, Harold J; S 20' Lot 33 & N 14' Lot 34 E Langworthy Add; 2505 Washington St; $74,080; $74,755.31; $675.31; $0.00; $675.31; $506.00; $1,181.31;$675.31 1013335041; Voss, Jeffery J; S 36' of Lot 34 E Langworthy; 2501 Washington St; $89,070; $89,785.03; $715.03; $0.00; $715.03; $506.00; $1,221.03; $715.03 1013335042; Heim, Benjamin J & Kathleen F; Lots 2 & 3 E Langworthy Add; 2508 Jackson St; $81,910; $83,896.20; $1,986.20; $0.00; $1,986.20; $506.00; $2,492.20; $1,986.20 25TH TO 26TH BETWEEN JACKSON AND ELM 1013336003; Bleile, James C & Vicki L. Miller; E 1/2 of Lot 1-N 55' of W 100' of 51 7 E 50' of S 1' of 51 E Langworthy Addition; 340 E. 26th Street; $37,900.00; $38,894.63; $994.63; $0.00; $994.63; $506.00; $1,500.63; $994.63 1013336008; Cherry, Michael L.; Lot 50 Except The E. 7' Thereof E Langworthy Ad- dition; 2568 Washington Street; $57,440.00; $58,328.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336009; Sutton, Gerard J; Lot 49 E Langworthy Addition 2562-2564 Washing- ton; 2562 Washington Street; $74,840.00; $75,728.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336010; Blum, Rita M.; Lot 48 E Langworthy Addition; 2560 Washington Street; $82,120.00; $83,008.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336011; Weires, Stacy A.; Lot 47 Except Part In The Alley E Langworthy Addi- tion; 2556 Washington Street; $48,820.00; $49,708.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336012; Birch, Shirley A.; North 42'6" of Lot 46 E Langworthy Addition; 2552 Washington Street; $78,810.00; $79,698.06; $888.06; $0.00; $888.06; $378.41; $506.00; $1,772.47; $888.06 1013336013; Molle, Benton W.; North 35' of Lot 45 & South 7'6" of Lot 46 E Lang- worthy Addition; 2548 Washington Street; $63,550.00; $64,438.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336014; Stierman, Jeremy; NW Part of 2-44 And South 15' of Lot 45 E Langwor- thy Addition; 2544 Washington Street; $35,750.00; $36,619.06; $869.06; $0.00; $869.06; $506.00; $1,375.06; $869.06 1013336015; Ludwig, Thomas I.; Lot 1-44 and Se 3" of 2-44 E Langworthy Addition; 2542 Washington Street; $75,750.00; $76,610.18; $860.18; $0.00; $860.18; $506.00; $1,366.18; $860.18 1013336016; Lugrain, Louis G & Billi J; Lot 43 Except The East 7' Thereof E Lang- worthy Addition; 2538 Washington Street; $61,120.00; $61,982.85; $862.85; $0.00; $862.85; $506.00; $1,368.85; $862.85 1013336017; Gulick, Joann T & Gansemer, Richard R; Lot 42 Except The East 7' Thereof E Langworthy Addition 2530-2532 Washington; 2530 Washington Street; $77,360.00; $78,248.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336018; Saleh, Kathleen L; Lot 41 Except The East 7' For Alley E Langworthy Addition; 2526 Washington Street; $104,340.00; $105,228.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336019; Kieffer, Heidi J; Lot 40 E Langworthy Addition; 2522 Washington Street; $76,390.00; $77,278.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 25 1013336020; Story, Timothy R & Lori A; Lot 39 E Langworthy Addition; 2518 Wash- ington Street; $67,410.00; $68,298.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336021; Howe, Martin R; Lot 38 & N 1/2 of Lot 37 E Langworthy Addition; 2514 Washington Street; $98,990.00; $100,322.09; $1,332.09; $0.00; $1,332.09; $506.00; $1,838.09; $1,332.09 1013336022; Schemmel, Rodney C & Dawn M; S 1/2 of Lot 37 E Langworthy Addi- tion; 2510 Washington Street; $60,280.00; $60,724.03; $444.03; $0.00; $444.03; $506.00; $950.03; $444.03 1013336023; Moore, Nellie M; Lot 36 E Langworthy Addition; 2506 Washington Street; $74,720.00; $75,608.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336024; Ninneman, Gene A & Shannon L; Lot 35 E Langworthy Addition; 2500 Washington Street; $68,580.00; $69,468.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336004; Bennett, David L; Lot 1 of Sub 52, 53 & North 22' of 54 E Langworthy Addition; 354 East 26th Street; $84,110.00; $86,014.95; $1,904.95; $0.00; $1,904.95; $506.00; $2,410.95; $1,904.95 1013336025; March, Dean J & Betty B; South 28' of Lot 54 and North 22' of Lot 55 E Langworthy Addition; 2571 Elm Street; $74,210.00; $75,108.72; $898.72; $0.00; $898.72; $506.00; $1,404.72; $898.72 1013336026; Severson, Donna J F/K/A Donna J Severson-Lade; Lot 56 & South 28' of Lot 55 E Langworthy Addition; 2565 Elm Street; $70,760.00; $72,163.14; $1,403.14; $0.00; $1,403.14; $378.41; $506.00; $2,287.55; $1,403.14 1013336027; Scharmann, Mary A; North 41' of Lot 57 Except The W 7' For Alley E Langworthy Addition; 2563 Elm Street; $78,230.00; $78,967.09; $737.09; $0.00; $737.09; $506.00; $1,243.09; $737.09 1013336028; Tilp, Michael A; South 9' of Lot 57 & North 33' of Lot 58 E Langworthy Addition; 2559 Elm Street; $84,130.00; $84,884.85; $754.85; $0.00; $754.85; $506.00; $1,260.85; $754.85 1013336029; Tilp, Michael A; South 17' of Lot 58 & North 1/2 of Lot 59 E Langworthy Addition; Elm Street; $20,440.00; $21,194.85; $754.85; $0.00; $754.85; $0.00; $754.85; $754.85 1013336030; Vlach, Frank J III & Sarah C; Lot 60 & South 1/2 of Lot 59 E Langwor- thy Addition; 2551 Elm Street; $86,830.00; $88,165.65; $1,335.65; $0.00; $1,335.65; $506.00; $1,841.65; $1,335.65 1013336031; Morey, Audrey J; Lot 61 E Langworthy Addition; 2545 Elm Street; $55,650.00; $56,538.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336032; Foster, Robert A; Lot 62 E Langworthy Addition; 2539 Elm Street; $81,420.00; $82,308.06; $888.06; $0.00; $888.06; $378.41; $506.00; $1,772.47; $888.06 1013336033; Abitz, John C & Hannah K; Lot 63 E Langworthy Addition; 2533 Elm Street; $75,420.00; $76,308.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013336034; Abitz, John C; Lot 64 E Langworthy Addition; Elm Street; $14,310.00; $15,198.06; $888.06; $0.00; $888.06; $0.00; $888.06; $888.06 1013336035; Schlarmann, Arleigh T; Lot 65 E Langworthy Addition; 2525 Elm Street; $55,410.00; $56,298.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 26 1013412001; Pothoff, Kristi L; Lot 66 E Langworthy Addition; 2517 Elm Street; $87,950.00; $88,838.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013412002; Dubuque Rescue Mission; Lot 67 E Langworthy Addition; 2511 Elm Street; $0.00; $888.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013412003; Dubuque Rescue Mission; Lot 68 E Langworthy Addition; 2505 Elm Street; $0.00; $888.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 1013412004; Dubuque Rescue Mission; Lot 69 E Langworthy Addition; 2501 Elm Street; $0.00; $888.06; $888.06; $0.00; $888.06; $506.00; $1,394.06; $888.06 15. Iowa DOT Consolidated Funding Application - Jule Transit System: City Manager recommending approval of the submittal of the Consolidated Funding Application to the Iowa Department of Transportation for The Jule's annual operating and maintenance allocations, the Lobbying Cost Certificate, Certificate of Cost Allocation Plan and Au- thorizing Resolution. Upon motion the documents were received and filed and Resolu- tion No. 141-16 Approval of grant application to Iowa DOT for Consolidated Funding was adopted. RESOLUTION NO. 141-16 APPROVAL OF GRANT APPLICATION TO IOWA DOT FOR CONSOLIDATED FUNDING Whereas, the City of Dubuque provides fixed -route and paratransit services for the citizens of Dubuque; and Whereas, the Iowa Department of Transportation (IDOT) is a pass through funding entity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and Whereas, the City Council finds that the applying for the funds to be beneficial to the continued provision of transit service for the citizens of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa hereby endorses the at- tached application to the Iowa Department of Transportation, which includes a City match. Section 2. The Iowa Department of Transportation application will include requests and mandatory certifications by the City of Dubuque as follows: From the State Transit Assistance Program: • 2.010741% of formula funds • Total: $282,865 From federal funds for transit in non -urbanized areas and/or for transit serving pri- marily elderly persons and persons with disabilities: • $46,570 From statewide federal capital assistance for transit: • $0 From statewide capital assistance (PTIG) for transit: • $600,000 From statewide federal -pass through discretionary assistance (ICAAP) for transit: • $0 27 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Dubuque/The Jule has sufficient non-federal funds to pro- vide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this contract. We request that State Transit Assistance formula funding be advanced as allowed by law, to improve system cash flow. Section 3. That Candace Eudaley-Loebach, Transit Manager, is authorized to on be- half of the City Council, to apply for financial assistance and to enter into related con- tract(s) with the Iowa Department of Transportation. Passed, adopted and approved this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 16. Downtown Rehabilitation Grant Program Modifications: City Manager recom- mending approval of modifications to the City's Downtown Rehabilitation Incentive Pro- gram guidelines and application. Upon motion the documents were received, filed and approved. 17. Dubuque Police Protective Association Bargaining Agreement: City Manager rec- ommending approval of a two-year agreement with the Dubuque Police Protective As- sociation for the contract period beginning July 1, 2016. Upon motion the documents were received and filed and Resolution No. 142-16 Approving the Agreement between the City of Dubuque, Iowa, and Dubuque Police Protective Association and authorizing the Mayor to sign the Agreement was adopted. RESOLUTION NO. 142-16 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE POLICE PROTECTIVE ASSOCIATION AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty -Fifth General Assembly adopted the Public Employment Rela- tions Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association, submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized to sign the collective bargaining agreement. 28 Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 18. Teamsters Collective Bargaining Agreement Amendment: City Manager recom- mending approval of an Amendment to the Collective Bargaining Agreement between the City of Dubuque and Teamsters Local No. 120 to provide for a work week that con- sists of ten hours per day and four days per week for the Maintenance -worker, Airfield Maintenance -workers and Airport Mechanic assigned to the Airport Department effec- tive from April 25, 2016 through September 30, 2016. Upon motion the documents were received, filed and approved. 19. Family Self -Sufficiency (FSS) Grant Application: City Manager recommending approval to apply for a Family Self -Sufficiency Coordinator Grant from the U.S. Depart- ment of Housing and Urban Development (HUD) that requests renewal funding for two positions and new funding for one additional Family Self -Sufficiency Program Coordina- tor. Upon motion the documents were received and filed and Resolution No. 143-16 Au- thorizing the Mayor to execute an application for the HUD Family Self -Sufficiency Pro- gram Grant and authorizing the Director of Housing and Community Development and the City Manager to approve the application was adopted. RESOLUTION NO. 143-16 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE HUD FAM- ILY SELF-SUFFICIENCY PROGRAM GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the U.S. Department of Housing and Urban Development has published a Notice of Funding Availability (NOFA) for the Family Self -Sufficiency Program to be uti- lized for the salaries of program coordinators combining the funding for the FSS coordi- nators that serve Housing Choice Voucher (HCV) participants and/or Public Housing (PH) participants for Calendar Year 2017; and Whereas, the City of Dubuque has administered Project Self -Sufficiency since Sep- tember 1987 that became the Family Self -Sufficiency (FSS) Program in July 1994; and Whereas, the City of Dubuque has received funding for an FSS coordinator continu- ously since 1994; and Whereas, the City of Dubuque proposes to continue administering the FSS program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby authorized and directed to submit an application for the HUD FSS program grant. Section 2: That the Director of Housing and Community Development and the City Manager are hereby authorized to approve the application that is submitted to HUD. Section 3: That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U. S. Department of Housing and Urban Devel- opment. 29 Passed, approved and adopted this 18th day of April 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 20. PEG Capital Grant Expenditure Request: City Manager recommending approval of the Cable TV Commission's request for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the City of Dubuque to purchase an AERO.10 audio processor to control the digital audio levels of CityChannel Dubuque. Upon motion the documents were received, filed and approved. 21. Pre -Annexation Agreement - Dubuque Hardwoods/SITCO, Inc.: City Manager recommending approval of a Pre -Annexation Agreement with Dubuque Hardwoods, Inc. and SITCO, Inc., property owners, in conjunction with a request for approval of the Plat of Survey for property located adjacent to the City of Dubuque corporate limits. Upon motion the documents were received and filed and Resolution No. 144-16 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Dubuque Hard- woods, Inc. and SITCO, Inc. was adopted. RESOLUTION NO. 144-16 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND DUBUQUE HARDWOODS, INC. AND SITCO, INC. Whereas, Dubuque Hardwoods, Inc. and SITCO, Inc., the owners of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 2 of Stone Quarry Subdivision and Lot 1 of Gassman Quarry, Dubuque Coun- ty, Iowa; and Whereas, Dubuque Hardwoods, Inc. and SITCO, Inc., have entered into a Pre- annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Dubuque Hardwoods, Inc. and SITCO, Inc. and the City of Dubuque is hereby approved. 30 Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 22. Pre -Annexation Agreement - Paul J. and Carol A. Beckley: City Manager recom- mending approval of a Pre -Annexation Agreement with Paul J. and Carol A. Beckley, property owners of Lot 5 in Twin Ridge Subdivision. Upon motion the documents were received and filed and Resolution No. 145-16 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Paul J. and Carol A. Beckley was adopted. RESOLUTION NO. 145-16 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND PAUL J. AND CAROL A. BECKLEY Whereas, Paul J. and Carol A. Beckley , owners of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lots 5 in Twin Ridge Subdivision in Table Mound Township, Dubuque County, Io- wa, according to the recorded plat thereof; and Whereas, Paul J. and Carol A. Beckley have entered into a Pre -annexation Agree- ment with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Paul J. and Carol A. Beckley and the City of Dubuque is hereby approved. Passed, approved and adopted this le day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 23. Final Plat - Wombacher Acres Plat 2: Zoning Advisory Commission recommend- ing approval of the Final Plat for Wombacher Acres Plat 2, 14132 North Cascade Road. Upon motion the documents were received and filed and Resolution No. 146-16 Ap- proving the Final Plat Wombacher Acres Plat 2 in Dubuque County, Iowa was adopted. 31 RESOLUTION NO. 146-16 APPROVING THE FINAL PLAT WOMBACHER ACRES PLAT 2 IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk the Final Plat Wombacher Acres Plat 2 in Dubuque County, Iowa; and Whereas, said Final Plat provides 0 feet of lot frontage for Lot 1, where 50 feet is re- quired by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat 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 Code of Ordinances, Unified Devel- opment Code, is waived to allow 0 feet of lot frontage for Lot 1. Section 2. That the Final Plat Wombacher Acres Plat 2 is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 24. Final Plat Gassman Quarry Plat 2: Zoning Advisory Commission recommending approval of the Final Plat to Gassman Quarry Plat 2, 10492 Highway 52 South. Upon motion the documents were received and filed and Resolution No. 147-16 Approving the Final Plat Gassman Quarry Plat 2 in Dubuque County, Iowa was adopted. RESOLUTION NO. 147-16 APPROVING THE FINAL PLAT GASSMAN QUARRY PLAT 2 IN DUBUQUE COUN- TY, IOWA Whereas, there has been filed with the City Clerk a Final Plat Gassman Quarry Plat 2 in Dubuque County, Iowa; and Whereas, said Final Plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said Final Plat 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 the Final Plat Gassman Quarry Plat 2 is hereby approved and the Mayor and City Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Final Plat. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 32 25. Dubuque Bank & Trust Acceptance of Easement Agreement: City Manager rec- ommending acceptance of a Grant of Easement for Sidewalk and Utilities across Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2, City of Dubuque, Iowa, for the Grandview/Delhi and Grace Roundabout Project. Upon motion the documents were received and filed and Resolution No. 148-16 Accepting a Grant of for sidewalk and utilities over and across part of Lot 1 in Loetscher and Truebs Subdivi- sion, and Lot 2 in Rigi Subdivision No. 2, City of Dubuque, Iowa was adopted. RESO LUTION NO. 148-16 ACCEPTING A GRANT OF EASEMENT FOR SIDEWALK AND UTILITIES OVER AND ACROSS PART OF LOT 1 IN LOETSCHER AND TRUEBS SUBDIVISION, AND LOT 2 IN RIGI SUBDIVISION NO. 2, CITY OF DUBUQUE, IOWA Whereas, Dubuque Bank and Trust Company has executed a Grant of Easement for Sidewalk and Utilities through, over and across Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2, City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Easement for Sidewalk and Utilities over and across Part of Lot 1 in Loetscher and Truebs Subdivision, and Lot 2 in Rigi Subdivision No. 2., City of Dubuque, Iowa, from Dubuque Bank and Trust Company, a copy of which is at- tached 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 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 26. Heritage Trail Trailhead Project TAP Grant: City Manager recommending approv- al of a request to increase the Iowa Department of Transportation grant and to increase the City's local match for the Dubuque Heritage Trailhead due to added construction costs. Upon motion the documents were received and filed and Resolution No. 149-16 Authorizing grant and local match funding increase for development of Dubuque Herit- age Trailhead was adopted. RESOLUTION NO. 149-16 AUTHORIZING GRANT AND LOCAL MATCH FUNDING INCREASE FOR DEVEL- OPMENT OF DUBUQUE HERITAGE TRAILHEAD Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) has allo- cated increased DMATS Transportation Enhancement Program grant funds to $72,000 for the development of the Dubuque Heritage Trailhead along S. John Deere Road near US 52; and 33 Whereas, the Iowa Department of Transportation Study (IDOT) administers DMATS Transportation Enhancement Program grant funds as part of the federal pass-through funding in the IDOT Transportation Alternatives Program; and Whereas, the City of Dubuque is required to allocate sufficient local funds to match the increase in grant funds for development of the Dubuque Heritage Trailhead. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves acceptance of the increased grant funds and authorizes allocation of sufficient funds as local match to develop the Dubu- que Heritage Trailhead. Section 2. The City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with grant re- quirements. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 27. Dubuque Bank & Trust Acknowledgment of Local Match - 1501 Jackson Street Project: City Manager recommending approval of a resolution acknowledging Dubuque Bank & Trust's local match, as required by the Workforce Housing Tax Credit Project for the St. Mary's Project at 1501 Jackson Street. Upon motion the documents were re- ceived and filed and Resolution No. 150-16 Acknowledging required match funding from Dubuque Bank and Trust for the rehabilitation project at 1501 Jackson Street was adopted. RESOLUTION NO. 150-16 ACKNOWLEDGING REQUIRED LOCAL MATCH FUNDING FROM DUBUQUE BANK AND TRUST FOR THE REHABILITATION PROJECT AT 1501 JACKSON STREET Whereas, the Friends of St. Mary's (Developer) have committed to the redevelop- ment of property at 1501 Jackson Street to create twelve (12) affordable housing units (the Project); and Whereas, Developer intends to apply to the Iowa Economic Development Authority (IEDA) for Workforce Housing Tax Credits; and Whereas, the Workforce Housing Tax Credit application requires a local match of funds in the amount of at least $1,000 per housing unit; and Whereas, Dubuque Bank and Trust has committed $25,000 to the Project and an anonymous donor has committed $10,000 to the Project; and Whereas, the City Council of the City of Dubuque believes these donations comply with the IEDA's requirements for a local match in the amount of at least $1,000 per housing unit. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque acknowledges the $25,000 contribution from Dubuque Bank and Trust and the $10,000 donation from the anony- mous donor as fulfilling the IEDA's requirement for a local match of at least $1,000 per unit for the Workforce Housing Tax Credit application. 34 Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 28. Community Development Block Grant Program Environmental Review Summary: City Manager recommending approval for the Mayor to sign the Environmental Review Determination as the Certifying Officer for the City of Dubuque's Fiscal Year 2017 Community Development Block Grant Program. Upon motion the documents were re- ceived, filed and approved. 29. Environmental Review - Salvia House Elevator: City Manager recommending ap- proval for the Mayor to execute an Environmental Review Determination which states that the Salvia House Elevator Project is in compliance with all Statute Authorities of 58.5 and 58.6 and can convert to Exempt. Upon motion the documents were received, filed and approved. 30. Marquette Hall Urban Revitalization Withdrawal of Petition: City Manager inform- ing the City Council that the petition to designate an Urban Revitalization Area for Mar- quette Hall has been withdrawn. Motion by Connors to receive and filed the documents. Seconded by Resnick. City Manager Van Milligen explained that the project was not awarded the necessary tax credits due to a lack of state funding and that the developers hope to resubmit plans next year. Motion carried 7-0. 31. University Lofts Urban Revitalization Withdrawal of Petition: City Manager inform- ing the City Council that the petition to designate an Urban Revitalization Area for Uni- versity Lofts has been withdrawn. Motion by Connors to receive and filed the docu- ments. Seconded by Resnick. City Manager Van Milligen explained that the project was not awarded the necessary tax credits due to a lack of state funding and that the devel- opers hope to resubmit plans next year. Motion carried 7-0. 32. Iowa League of Cities Conservation Innovation Grant: City Manager transmitting correspondence to the USDA Natural Resources Conservation Service committing to the Iowa League of Cities Conservation Innovation Grant. Upon motion the document was received and filed. 33. Mediacom Communications Company: Correspondence from Lee Grassley, Sen- ior Manager of Government Relations for Mediacom Communications Company, inform- ing the City of programming changes being implemented on or about April 30, 2016. Upon motion the document was received and filed. 34. Improvement Contracts / Performance, Payment and Maintenance Bonds: Haw- keye Electrical for the Dubuque City Hall Electrical Service Project; McDermott Excavat- ing for the Heeb Street Retaining Wall Project; SAK Construction, LLC for the FY 16 (CIPP) Sanitary Sewer Lining Project; Top Grade Excavating for the Key West Drive Reconstruction Project. Upon motion the documents were received, filed and approved. 35 35. Business License Refund: Request for liquor license refund for Cue Masters Bil- liards, License No, LC0032948 located at 900 Central Avenue. Upon motion the docu- ment was received, filed and approved. 36. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 151-16 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. 151-16 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 Catfish Charlie's Dubuque Lodge No. 355 1630 E. 16-t St. Class C Liquor (Outdoor) (Sunday) 2635 Windsor Ave. Class A Liquor (Outdoor) (Sunday) Joliet Building Corp 781 Locust St Class C Liquor (Outdoor) (Sunday) Lina's Thai Bistro 2055 Holliday Dr. Class C Liquor, Class B Wine (Sunday) Loras College Campus 1450 Alta Vista St. Class C Liquor (Catering (Sunday) Monks Kaffee Pub 373 Bluff St. Stone Cliff Winery, Inc. j ▪ 600 Star Brewery Dr. The Hub 253 Main St. Class C Liquor (Outdoor) (Sunday) Class C Native Wine Class C Liquor (Sunday) New McAleece Parks and ▪ 1801 Admiral Sheehy Recreation Complex Dr. Oky Doky #8 Foods Class B Beer, Class B Native Wine (Outdoor) (Sunday) 535 Hill St. Class E liquor, Class B Wine, Class C Beer (Sunday) Passed, approved and adopted this 1e day of April, 2016. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 36 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 Second Budget Amendment: City Manager recommending the second Fiscal Year 2016 Budget Amendment be set for public hearing for May 2, 2016. Upon motion the documents were received and filed and Resolution No. 152-16 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2016 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2016 in the Historic Federal Building. RESOLUTION NO. 152-16 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2016 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on proposed Amend- ment No. 2 to the Fiscal Year 2016 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, May 2, 2016, beginning at 6:30 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish no- tice of the public hearing, according to law, together with the required budget infor- mation. Passed, approved and adopted this 18th day of April 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 2. Dubuque Industrial Center South Verena Court Project: City Manager recommend- ing initiation of the public bidding procedure for the Dubuque Industrial Center South, Verena Court Project, and further recommends that a public hearing be set for May 2, 2016. Upon motion the documents were received and filed and Resolution No. 153-16 Preliminary approval of plans, specifications, form of contract, and estimated cots; set- ting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2016 in the Historic Federal Building. RESOLUTION NO. 153-16 DUBUQUE INDUSTRIAL CENTER SOUTH, VERENA COURT PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC - 37 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 Dubuque Industrial Center South, Verena Court Project in the estimated amount $245,157.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 2nd day of May, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed 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 es- timated cost of the Project. The Dubuque Industrial Center South, Verena Court Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, be pub- lished on the City's website, be published in a state-wide plan room and be submitted to statewide lead agency and which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 2nd day of May, 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 16th day of May, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 3. Grandview Avenue, Delhi Street and Grace Street Roundabout Project: City Man- ager recommending initiation of the public bidding procedure for the North Grandview Avenue and Delhi Street Roundabout Intersection Improvement Project, and further recommends that a public hearing be set for May 2, 2016. Upon motion the documents were received and filed and Resolution No. 154-16 Preliminary approval of plans, speci- fications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May 2, 2016 in the Historic Federal Building. 38 RESOLUTION NO. 154-16 NORTH GRANDVIEW AVENUE AND DELHI STREET ROUNDABOUT INTERSECTION IMPROVEMENT 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 North Grandview Avenue and Delhi Street Roundabout Intersection Improvement Project in the estimated amount $839,164.63, 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 2" day of May, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed 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 es- timated cost of the Project. The North Grandview Avenue and Delhi Street Roundabout Intersection Improve- ment Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 5th day of May, 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 16th day of May, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 4. Development Agreement - Friends of St. Mary's/Steeple Square, 1501 Jackson Street: City Manager recommending setting a public hearing for May 2, 2016, on enter- ing into a Development Agreement with Friends of St. Mary's d/b/a Steeple Square for the property located at 1501 Jackson Street. Upon motion the documents were received and filed and Resolution No. 155-16 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relat- 39 ing thereto with Friends of St. Mary's D/B/A/ Steeple Square, and providing for the pub- lication of notice thereof was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on May 2, 2016 in the Historic Federal Building. RESOLUTION NO. 155-16 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOP- MENT AGREEMENT RELATING THERETO WITH FRIENDS OF ST. MARY'S D/B/A/ STEEPLE SQUARE, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Friends of St. Mary's d/b/a/ Steeple Square have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of the City to approve the Development Agreement, with Friends of St. Mary's d/b/a/ Steeple Square; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out the rehabilitation of property located at 1501 Jackson Street as hereinaf- ter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. 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 a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 2nd day of May, 2016, at 6:30 o'clock p.m. in the City Council Chambers at the His- toric Federal Building, 350 W. 6th St., Dubuque, Iowa. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Friends of St. Mary's d/b/a/ Steeple Square, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Friends of St. Mary's d/b/a/ Steeple Square pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $260,000. 40 Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Board/Commission. Applicants were in- vited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Human Rights Commission (Review): Two, 3 -year terms through January 1, 2017 (Vacant terms of Engling and Melchert). Applicants: Jeff Lenhart, 1274 Locust St. #3; Jay Schiesl, 195 W. 17th St. The application for Beverly Maas was removed from con- sideration. Mr. Lenhart and Mr. Schiesl spoke in support of their respective appoint- ments. Appointment was made to the following Commission. 2. Sister City Relationships Advisory Commission: One, 3 -year term through Febru- ary 1, 2019 (Vacant term of Zygmont). Applicant: Rachel McDermott, 1007 % W. 3rd St. Motion by Connors to appoint Ms. McDermott to a 3 -year term. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. 1. Request to Rezone Property at 1710 and 1730 University Avenue: Proof of publi- cation on notice of public hearing to consider approval of a request from Tom Tiefen- thaler to rezone property located at 1710 & 1730 University Avenue from R-2 Two Fami- ly Residential to C-2 Neighborhood Shopping Center District and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Developer Tom Tiefenthaler spoke in support of the request, described resolving the driveway alignment for clearance distance and safety and stated that all homes on the site are currently vacant with tenants having relocated. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. 41 Motion by Connors for final consideration and passage of Ordinance No. 9-16 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1710 and 1730 Univer- sity Avenue from R-2 Two -Family Residential District to C-2 Neighborhood Shopping Center District. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 9-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1710 AND 1730 UNIVERSITY AVENUE FROM R-2 TWO- FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter—described property from R-2 Two -Family Residential District to C-2 Neighborhood Office Commercial Dis- trict, to wit: Lots 14, 15, and 16 of Morheiser's Subdivision, and to the centerline of the adjoin- ing public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 18th day of April, 2016. /s/Ric W. Jones, Mayor Pro -Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone Property at 1690 Elm Street: Proof of publication on notice of public hearing to consider approval of a request from Gary Carner to rezone property located at 1690 Elm Street from LI Light Industrial to C-4 Downtown Commercial District and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Planning Services Manag- er Laura Carstens provided a staff report. Council Member Connors asked that staff re- view the southbound, left -turn lane and street parking at 16th and Elm Streets as this project may add to the already increased traffic in the area. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 10-16 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1690 Elm Street from LI Light Industrial District to C-4 Downtown Commercial District. Seconded by Resnick. Motion carried 7-0. 42 OFFICIAL PUBLICATION ORDINANCE NO. 10-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1690 ELM STREET FROM LI LIGHT INDUSTRIAL DIS- TRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter—described property from LI Light Industrial District to C-4 Downtown Shopping District, to wit: Parcel ID #1024279001 and #1024279002, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 18th day of April, 2016. /s/Ric W. Jones, Mayor Pro -Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2016. /s/Kevin S. Firnstahl, City Clerk 3. 2016 Pavement Marking Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract, and estimated cost for the 2016 Pavement Marking Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 156-16 Approval of plans, specifications, form of contract, and estimated cost for the 2016 Pavement Marking Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 156-16 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE 2016 PAVEMENT MARKING 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 Pavement Marking Project, in the estimated amount $143,780.29, are hereby ap- proved. Passed, adopted and approved this 18th day of April, 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. 43 ACTION ITEMS 1. Cottingham & Butler, Inc. - Iowa Economic Development Authority Application Support: City Manager recommending approval of the submission of an Iowa Economic Development Assistance Application on behalf of Cottingham & Butler, Inc. for its pro- posed investment for the expansion of operations in Dubuque. Motion by Lynch to re- ceive and file the documents and adopt Resolution No. 157-16 Authorizing the filing of an application for State Business Financial Assistance on Behalf of Cottingham & But- ler, Inc. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 157-16 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINAN- CIAL ASSISTANCE ON BEHALF OF COTTINGHAM & BUTLER, INC. Whereas, Cottingham & Butler, Inc. has proposed making a Two Million Three Hun- dred Sixty -Five Thousand Dollar ($2,365,000.00) investment for tenant improvements of a twenty-five thousand square foot (25,000 sq. ft.) office facility in the City of Dubuque, Iowa ; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed project will contribute to the local economy through the creation of ninety (90) full-time jobs in the City, seventy-five (75) of which qualify for the Iowa Economic Development Authority Business Financial Assistance Program; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and docu- ment associated terms for the tenant improvements of Cottingham & Butler, Inc.'s pro- posed location at 700 Locust Street in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an Application for participation in the Iowa Economic De- velopment Authority's Financial Assistance Program on behalf of Cottingham & Butler, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 18t day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 2. Paragon Square Urban Revitalization Designation: City Manager recommending adoption of a resolution adopting the Paragon Square Urban Revitalization Area Plan for the Paragon Square Urban Revitalization Area (former Holy Ghost School) and adoption of an ordinance establishing the Paragon Square Urban Revitalization Area. 44 Motion by Lynch to receive and file the documents and adopt Resolution No. 158-16 Approving the adoption of an Urban Revitalization Plan for the Paragon Square Urban Revitalization Area. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 158-16 APPROVING THE ADOPTION OF AN URBAN REVITALIZATION PLAN FOR THE PARAGON SQUARE URBAN REVITALIZATION AREA Whereas, the City Council of the City of Dubuque (the City), Iowa on November 16, 2015, approved Resolution No. 402-15, a resolution of finding that the designation of the Paragon Square Urban Revitalization Plan is necessary to encourage needed hous- ing and residential development providing safe, affordable housing for the residents of the City of Dubuque, Iowa and the property meets the criteria for Urban Revitalization as defined in Section 404.1(5) of the Iowa Code; and Whereas, on January 19, 2016 the City reviewed a proposed Urban Revitalization Plan (the Plan) for the Paragon Square Urban Revitalization Area, and scheduled, by Resolution No, 20-16, a public hearing to be held on March 7th, 2016 on the proposed adoption of the Plan; and Whereas, on February 17, 2016, the Long Range Planning Advisory Commission re- viewed the plan and provided comment to City Council; and Whereas, the City ordered the Clerk to publish notice of a public hearing on the Plan to be held on March 7, 2016 on the proposed adoption of the Plan; and Whereas the City Clerk published the notice of public hearing on February 19, 2016; and Whereas owners of record were notified by ordinary mail at least thirty days prior to the public hearing; and Whereas, the City has held the required public hearing after the required thirty day review period, and has not received a valid petition requesting a second public hearing within thirty days after the public hearing held on March 7, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Urban Revitalization Plan for 2887 Central Avenue — Lot 2 — I Para- gon Square, Dubuque Iowa and 2901 Central Avenue — Lot 1 — I Paragon Square, Dubuque Iowa, according to the recorded plat thereof, known as the Paragon Square Urban Revitalization Area is hereby approved. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Rios. Mo- tion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 11-16 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 45 2 Revitalization Areas, by adopting a new Section 12 Paragon Square, Establishing the Paragon Square Urban Revitalization Area, and establishing requirements for qualifying property owners. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 11-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAXATION, CHAPTER 2 REVITALIZATION AREAS, BY ADOPTING A NEW SEC- TION 12 PARAGON SQUARE, ESTABLISHING THE PARAGON SQUARE URBAN REVITALIZATION AREA, AND ESTABLISHING REQURIEMENTS FOR QUALIFY- ING PROPERTY OWNERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 3, Chapter 2 is hereby amended by adding the following: 3-2-12: Paragon Square The area hereinafter described is hereby designated as the PARAGON SQUARE Urban Revitalization Area in accordance with the code of Iowa: 2887 Central Avenue — Lot 2 — I Paragon Square, Dubuque IA 2901 Central Avenue — Lot 1 — I Paragon Square Dubuque IA according to the recorded plat thereof. Section 2. The Paragon Square Urban Revitalization Plan as attached to this ordi- nance is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said plan. Section 3. That the Paragon Square Urban Revitalization Plan shall hereafter be on file in the City Clerk's Office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby authorized and directed to publish this Ordi- nance on or after April 18, 2016, provided that the City Clerk prior to that date has re- ceived no valid petition requesting a second public hearing, and in the event such peti- tion has been received, then this Ordinance shall be null and void. Passed, approved and adopted this 18th day of April, 2016. /s/Ric W. Jones, Mayor Pro -Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2016. /s/Kevin S. Firnstahl, City Clerk 3. Lange Estate Urban Revitalization Plan Designation: City Manager recommending adoption of a resolution approving the Urban Revitalization Plan for the Lange Estate Urban Revitalization Area (Applewood IV) and adoption of an ordinance establishing the Lange Estate Urban Revitalization Area. Motion by Connors to receive and file the doc- uments and adopt Resolution No. 159-16 Approving the adoption of an Urban Revitali- zation Plan for the Lange Estate Urban Revitalization Area. Seconded by Lynch. Motion carried 7-0. 46 RESOLUTION NO. 159-16 APPROVING THE ADOPTION OF AN URBAN REVITALIZATION PLAN FOR THE LANGE ESTATE URBAN REVITALIZATION AREA Whereas, the City Council of the City of Dubuque (the City), Iowa on November 16, 2015 City Council approved Resolution No. 400-15, a resolution of finding that the des- ignation of the Lange Estate urban Revitalization Plan is necessary to encourage need- ed housing and residential development providing safe, affordable housing for the resi- dents of the City of Dubuque, Iowa and the property meets the criteria for Urban Revital- ization as defined in Section 404.1(5) of the Iowa Code; and Whereas, on January 19, 2016 the City reviewed a proposed Urban Revitalization Plan (the Plan) for the Lange Estate Urban Revitalization Area, and scheduled, by Res- olution No, 15-15, a public hearing to be held on March 7th, 2016 on the proposed adoption of the Plan; and Whereas, on February 17, 2016, the Long Range Planning Advisory Commission re- viewed the plan and provided comment to City Council at the public hearing; and Whereas, the City ordered the Clerk to publish notice of a public hearing on the Plan to be held on March 7, 2016 on the proposed adoption of the Plan; and Whereas the City Clerk published the notice of public hearing on February 19, 2016; and Whereas owners of record were notified by ordinary mail at least thirty days prior to the public hearing; and Whereas, the City has held the required public hearing after the required 30 day re- view period, and has not received a valid petition requesting a second public hearing within thirty days after the public hearing held on March 7, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Urban Revitalization Plan for Lot Two of Lange Estate in the County of Dubuque, City of Dubuque, Iowa, according to the recorded plat thereof, known as the Lange Estate Urban Revitalization Area is hereby approved. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk Motion by Resnick to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 7-0. Motion by Resnick for final consideration and passage of Ordinance No. 12-16 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas, by adopting a new Section 11 Lange Estate, establishing the Lange Estate Urban Revitalization Area, and establishing requirements for qualifying property owners. Seconded by Rios. Motion carried 7-0. 47 OFFICIAL PUBLICATION ORDINANCE NO. 12-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 3, REVENUE AND TAXATION, CHAPTER 2 REVITALIZATION AREAS, BY ADOPTING A NEW SEC- TION 11 LANGE ESTATE, ESTABLISHING THE LANGE ESTATE URBAN REVITAL- IZATION AREA, AND ESTABLISHING REQURIEMENTS FOR QUALIFYING PROP- ERTY OWNERS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 3, Chapter 2 is hereby amended by adding the following: 3-2-11: Lange Estate The area hereinafter described is hereby designated as the Lange Estate Urban Re- vitalization Area in accordance with the code of Iowa: Lot Two of Lange Estate in the County of Dubuque, IA City of Dubuque, City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. The Lange Estate Urban Revitalization Plan as attached to this ordinance is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said plan. Section 3. That the Lange Estate Urban Revitalization Plan shall hereafter be on file in the City Clerk's Office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby authorized and directed to publish this Ordi- nance on or after April 18, 2016, provided that the City Clerk prior to that date has re- ceived no valid petition requesting a second public hearing, and in the event such peti- tion has been received, then this Ordinance shall be null and void. Passed, approved and adopted this 18th day of April, 2016. /s/Ric W. Jones, Mayor Pro -Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of April, 2016. /s/Kevin S. Firnstahl, City Clerk 4. East/West Corridor Protective Property Acquisition at University Avenue and As- bury Road: City Manager recommending approval to acquire property at the intersection of University Avenue and Asbury Road from Fahey Family/Rainbo Oil Company to pre- serve the corridor identified in the East-West Corridor Connectivity Study and the future reconstruction of the University Avenue - Asbury Road Intersection. Motion by Connors to receive and file the documents and adopt Resolution No. 160-16 Approving the ac- quisition of real estate owned by Fahey Family / Rainbo Oil Company, in the City of Dubuque. Seconded by Del Toro. City Council discussed the need for the project and the citizen communications they received expressing concerns over project funding. City Manager Van Milligen explained that since 80 percent of the project is federally funded, the funds cannot be used toward debt repayment adding that the project does not incur additional city debt. Motion carried 7-0. 48 RESOLUTION NO. 160-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY FAHEY FAMILY / RAINBO OIL COMPANY, IN THE CITY OF DUBUQUE Whereas, the City of Dubuque (City) intends to acquire certain real property owned by Fahey Family / Rainbo Oil Company (Owner), at the intersection of University Ave- nue and Asbury Road legally described as follows (the Property): Lot 1: NW 25 feet of Lot 2 Finley Addition Lot 2: SE 41 feet of Lot 2 in Finley Addition Lot 3: Lot 1-1 and 2-1 in Finley Addition Lot 4: Lot 1 of Mineral Lot 170 Lot 5: Lot 4, 1-3, 2-3, 2-2 and 1-2 all in Mineral Lot 170 all in the City of Dubuque, Dubuque County, Iowa for the purpose of as an advance protective purchase to preserve the corridor identified in the East — West Corridor Connectivity Study; and Whereas, Iowa law requires that City must make a good faith effort to negotiate with the Owner to purchase the Property before proceeding with condemnation; and Whereas, an Offer to Buy and Acceptance has been negotiated with the Owner; and Whereas, it is in the best interest of the City to acquire the property under the terms of the Offer to Buy and Acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed to the Property, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate Section 3. That the City Attorney be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, to- gether with a certified copy of this Resolution. Section 4. That the City Attorney be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 5. Dubuque Industrial Center Building Pad 1 Sanitary Sewer Extension Project Award: City Manager recommending award of the construction contract for the Dubuque Industrial Center Building Pad 1 Sanitary Sewer Extension Project to the low bidder McDermott Excavating. Motion by Connors to receive and file the documents and adopt Resolution No. 161-16 Awarding public improvement contract for the Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Extension. Seconded by Del Toro. Motion carried 7-0. RESOLUTION NO. 161-16 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE INDUSTRI- AL CENTER SOUTH, BUILDING PAD 1 SANITARY SEWER EXTENSION 49 Whereas, sealed proposals have been submitted by contractors for the Dubuque In- dustrial Center South, Building Pad 1 Sanitary Sewer Extension Project, (the Project) pursuant to Resolution No. 100-16 and Notice to Bidders published in a newspaper pub- lished in the City of Dubuque, Iowa on the 25th day of March, 2016; and Whereas, said sealed proposals were opened and read on the 7th day of April, 2016 and it has been determined that McDermott Excavating of Dubuque, Iowa, with a bid in the amount of $77,256.85 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 McDermott Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 6. 2016 Sewershed 7, 11 and 12 Manhole Replacement Project Award: City Manager recommending award of the construction contract for the 2016 Sewershed 7, 11 and 12 Manhole Replacement Project to the low bidder Connolly Construction, Inc. Motion by Lynch to receive and file the documents and adopt Resolution No. 162-16 Awarding public improvement contract for the FY16 Sewershed 7, 11, and 12 Sanitary Sewer Manhole Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 162-16 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FY16 SEWERSHED 7, 11 AND 12 SANITARY SEWER MANHOLE PROJECT Whereas, sealed proposals have been submitted by contractors for the FY16 Sew- ershed 7, 11 and 12 Sanitary Sewer Manhole Project, (the Project) pursuant to Resolu- tion No. 101-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 25th day of March, 2016; and Whereas, said sealed proposals were opened and read on the 7th day of April, 2016 and it has been determined that Connolly Construction, Inc. of Peosta, Iowa, with a bid in the amount of $110,274.20 is the lowest responsive, responsible bidder for the Pro- ject. 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 Connolly Construction, Inc. and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro -Tem Attest: Kevin S. Firnstahl, City Clerk 7. Key West Drive Reconstruction Project Award: City Manager recommending award of the construction contract for the Key West Drive Reconstruction Project to the low bidder Top Grade Excavating, Inc. Motion by Lynch to receive and file the docu- 50 ments and adopt Resolution No. 163-16 Awarding public improvement contract for the Key West Drive Water Main Extension Project. Seconded by Del Toro. City Manager Van Milligen stated that project funding has been identified through reallocation of other capital improvements. Motion carried 7-0. RESOLUTION NO. 163-16 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE KEY WEST DRIVE WATER MAIN EXTENSION PROJECT Whereas, sealed proposals have been submitted by contractors for the Key West Water Main Extension Project, (the Project) and Notice to Bidders published in a news- paper published in the City of Dubuque, Iowa on the 16th day of March, 2016; and Whereas, said sealed proposals were opened and read on the 28th day of March, 2016 and it has been determined that Top Grade Excavating, Inc. of Farley, Iowa, with a total bid in the amount of $856,909.33 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 Top Grade Excavating, Inc. and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 18th day of April, 2016. Ric W. Jones, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Mayor Buol reported on the National League of Cities Mayors Institute on Financial Inclusion that he is currently attending in Chicago. Mayor Pro -Tem Jones and Council Member Resnick reported on the recent cross burning incident and expressed their thanks to the community for its support and soli- darity. CLOSED SESSION Motion by Connors to convene in closed session at 7:33 p.m. to discuss pending liti- gation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Se- conded by Resnick. Mayor Pro -Tem Jones stated for the record, the attorneys who will consult with Council on the issues to be discussed in the closed session are Maureen Quann and Ivan Webber. Upon motion the City Council reconvened in open session at 8:58 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:59 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 51