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6 4 18 City Council Proceedings Official_Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on June 4, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios (Joined by phone at 6:30 p.m.), Shaw; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Juneteenth Celebration Day (June 16, 2018) was accepted by Ernest Jackson of the Juneteeth Committee. 2. Men's Health Week (June 11-17, 2018) was accepted by Ken Miller of the City of Dubuque Wellness Committee. 3. Home Rule 50th Anniversary Year 2018 was accepted by Mayor Roy D. Buol. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Del Toro. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 5/21; Civil Service Commission of 5/16; Historic Preservation Commission of 5/17; Library Board of Trustees of 3/29; Park and Recreation Advisory Commission of 5/8; Proof of Publication for City Council Proceedings of 5/7; Proof of Publication for List of Claims and Summary of Rev- enues for Month Ending 4/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Sarah Cassella for property damage; and Horsfield Ma- terials, Inc., for vehicle damage; City of Dubuque vs. Gary Bernhard et al.; City of Dubu- que vs. Frederick J. Kammiller III, et al. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Sarah Cassella for property damage. Upon motion the documents were received, filed, and concur. 2 4. Washington Neighborhood Homeownership Program Status Report: City Manager transmitting the status report for the Washington Neighborhood Homeownership Program from Community Housing Initiatives (CHI). Upon motion the document was received and filed. 5. Alliant Energy Infographic Brochure on Dubuque Solar Energy: City Manager trans- mitting the Alliant Energy infographic brochure on Dubuque's solar energy sites. Upon motion the document was received and filed. 6. Dubuque Racing Association 2017 Annual Report: City Manager transmitting the Dubuque Racing Association's (DRA) 2017 Annual Report. Upon motion the document was received and filed. 7. Civil Service Commission - Certified List: Civil Service Commission submitting the certified list for the position of Police Officer. Upon motion the documents were received, filed and made a Matter of Record. May 16, 2018 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the po sition of Police Officer was administered on March 10, 2018. We hereby certify that the individ- uals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good until February 1, 2019. Police Officer 1. Shane Nixon, 2. Trent Wood, 3. Joshua Stowe, 4. Luke Dopke, 5. Bryce Eberly, 6. Dustin Groen, 7. Alex Grafft, 8. Dustin Hoffman, 9. Carter Meyer, 10. Jordan Coulson, 11. Reinaldo Barcenas, 12. Derek Kunkel, 13. Joshua Lawyer, 14. Adrian Moreno, 15. Steve Jones, 16. Trevor Boge, 17. Nicholas Dreska, 18. Jacob Humpal, 19. Bryant Null, 20. Matt Breiner Respectfully Submitted, /s/ Daniel White, Chairperson Civil Service Commission 8. Accepting the 2018 Asphalt Overlay Ramp Project 3: City Manager recommending that the award of the 2018 Asphalt Overlay Ramp Project 3 to Midwest Concrete, Inc. be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 9. John F. Kennedy Road Ditch Improvement Project Acceptance : City Manager rec- ommending acceptance of the public improvement construction contract for the John F. Kennedy Road Ditch Improvement Project, as completed by Temperley Excavating, Inc. Upon motion the documents were received and filed, and Resolution No. 164-18 Accept- ing the John F. Kennedy Road Ditch Improvement Project and authorizing the payment of the contract amount to the contractor was adopted. 3 RESOLUTION NO. 164-18 ACCEPTING THE JOHN F. KENNEDY ROAD DITCH IMPROVEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the public improvement contract for the John F. Kennedy Road Ditch Im- provement Project (the Project) has been completed by Temperley Excavating, In c. (Con- tractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $89,672.63; and Whereas, the Contractor has previously been paid $85,089.25 leaving a balance of $4,583.38; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved , and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $4,583.38 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, adopted and approved this 4th day of June 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF JOHN F. KENNEDY ROAD DITCH IMPROVEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the John F. Kennedy Road Ditch Improvement Project and that said Project has been performed in compliance with the te rms of the Public Improvement Contract, and that the total cost of the completed work is $108,436.58. Dated this 22nd day of May, 2018. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 24th day of May, 2018. /s/Kevin S. Firnstahl, CMC City Clerk 10. Acceptance of Deed for Stormwater Detention Facility Lots in Cedar Ridge Farm Place No. 15: City Manager recommending approval of resolution accepting property from Nemmers Cedar Ridge Farm Limited Partnership for a storm water detention facility lo- cated in Cedar Ridge Farm Place No. 15 (originally Cedar Ridge Farm Place No. 7). Upon motion the documents were received and filed, and Resolution No. 165-18 Accepting the Deed to certain real estate in Cedar Ridge Farm Place No. 15 in the City of Dubuque, Iowa from Nemmers Cedar Ridge Farm Limited Partnership was adopted. 4 RESOLUTION NO. 165-18 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN CEDAR RIDGE FARM PLACE NO. 15 IN THE CITY OF DUBUQUE, IOWA FROM NEMMERS CEDAR RIDGE FARM LIMITED PARTNERSHIP Whereas, Nemmers Cedar Ridge Farm Limited Partnership is the owner and devel- oper of certain real property in Dubuque County, Iowa, described as follows: Lot L and Lot M of Cedar Ridge Farm Place No. 15 in the City of Dubuque, Iowa; and Whereas, said Lot L and Lot M of Cedar Ridge Farm Place No. 15 are located within lands that were originally platted as Cedar Ridge Farm Place No. 7 Subdivision in the City of Dubuque, Iowa; and Whereas, pursuant to the Final Plat of Cedar Ridge Farm Place No. 7 and Resolution No. 489-04, the Developer (Nemmers Cedar Ridge Farm Limited Partnership) was to survey and plat a lot for the storm water detention facility serving the subdivision; and Whereas, the lots for the storm water detention facility have been plat ted by the De- veloper as Lot L and Lot M of Cedar Ridge Farm Place No. 15 according to the Plat of Survey recorded as Instrument Number 2018 -0000541 in the Office of the Recorder of Dubuque County, Iowa; and Whereas, pursuant to Resolution No. 489-04, the Developer was to dedicate the lots for the storm water detention facility to the City of Dubuque only after the following re- quirements were met: 1. The detention basin has been fully completed. 2. 80% of Lot B and subdivision thereof have been developed. 3. Adequate erosion control measures, as approved by the City, have been installed on the remaining 20% of said Lot B; and Whereas, the above requirements have been met by the Developer; and Whereas, Nemmers Cedar Ridge Farm Limited Partnership has executed a Warranty Deed conveying said real estate to the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque, Iowa, hereby accepts the Warranty Deed from Nemmers Ce- dar Ridge Farm Limited Partnership, a copy of which Warranty Deed is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 4th day of June, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Acceptance of Storm Water Detention Facility Improvements in Cedar Ridge Farm Place No. 7: City Manager recommending acceptance of the public storm water detention facility improvements that the developer, Nemmers Cedar Ridge Farm Limited Partner- ship, has recently completed in Cedar Ridge Farm Place No. 7 Subdivision . Upon motion the documents were received and filed, and Resolution No. 166-18 Accepting public storm water detention facility improvements in Cedar Ridge Farm Place No. 7 Subdivi- sion, in the City of Dubuque, Iowa was adopted. 5 RESOLUTION NO. 166-18 ACCEPTING PUBLIC STORM WATER DETENTION FACILITY IMPROVEMENTS IN CEDAR RIDGE FARM PLACE NO. 7 SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolutions 489-04, certain public storm water detention facility improvements were installed by the developer of Cedar Ridge Farm Place No. 7 Subdi- vision in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public storm water detention facility improvements in Cedar Ridge Farm Place No. 7 Sub- division be and the same is hereby accepted. Passed, approved and adopted this 4th day of June 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Timber Ridge / Rustic Point Water Main Extension Project Acceptanc e: City Man- ager recommending acceptance of the public improvement construction contract for the Timber Ridge/Rustic Point Water Main Extension Project, as completed by Tschiggfrie Excavating. Upon motion the documents were received and filed, and Resolution No. 167-18 Accepting the Timber Ridge / Rustic Point Water Main Extension Project and au- thorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 167-18 ACCEPTING THE TIMBER RIDGE/RUSTIC POINT WATER MAIN EXTENSION PRO- JECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the public improvement contract for the Timber Ridge/Rustic Point Water Main Extension Project (the Project) has been completed by the Tschiggfrie Excavating Co. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $882,973.50; and Whereas, the Contractor has previously been paid $838,824.83, leaving a balance of $44,148.67; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. 6 Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $44,148.67 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, adopted and approved this 4th day of June 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETE OF THE TIMBER RIDGE/RUSTIC POINT WATER MAIN EXTENSION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Timber Ridge/Rustic Point Water Main Extension Project and that said Project has been performed in compliance with the terms of the Public Improvement Con- tract, and that the total cost of the completed work is $971,270.85. Dated this 22nd day of May, 2018 /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 22nd day of May , 2018. /s/Kevin S. Firnstahl, City Clerk 13. Avoca Street Storm Sewer Improvement Project Acceptance : City Manager rec- ommending acceptance of the public improvement construction contract for the Avoca Street Storm Sewer Improvements Project as completed by Dave Schmitt Co. Upon mo- tion the documents were received and filed, and Resolution No. 168-18 Accepting the Avoca Street Storm Sewer Improvements Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 168-18 ACCEPTING THE AVOCA STREET STORM SEWER IMPROVEMENTS PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON- TRACTOR Whereas, the public improvement contract for the Avoca Street Storm Sewer Improve- ments Project (the Project) has been completed by Dave Schmitt, Co. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $70,858.74; and Whereas, the Contractor has previously been paid $67,315.76 leaving a balance of $3,542.98; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $3,542.98 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 57 3 or Iowa Code chapter 26.13. 7 Passed, adopted, and approved this 4th day of June 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE AVOCA STREET STORM SEWER IMPROVEMENTS PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Avoca Street Storm Sewer Improvements Project and that said Project has been performed in compliance with the terms of the Public Improvement Contract and that the total cost of the completed work is $81,487.55 Dates tis 22nd day of May, 2018. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 22nd day of May, 2018. /s/Kevin S. Firnstahl, City Clerk 14. Certified Local Government (CLG) Grant Amendment for Historic Preservation Commission Scholarships: City Manager recommending that the City Council amend the City grant agreement for scholarships for Historic Preservation Commissioners to attend the National Association of Preservation Commissions Forum on July 18-22, 2018. Upon motion the documents were received and filed, and Resolution No. 169-18 Authorizing Amendment of CLG Grant Agreement with State Historic Preservation Office for scholar- ships for Historic Preservation Commissioners to attend National Forum was adopted. RESOLUTION NO. 169-18 RESOLUTION AUTHORIZING AMENDMENT OF CLG GRANT AGREEMENT WITH STATE HISTORIC PRESERVATION OFFICE FOR SCHOLARSHIPS FOR HISTORIC PRESERVATION COMMISSIONERS TO ATTEND NATIONAL FORUM Whereas, the State Historic Preservation Office has awarded $3,000 in Certified Local Government (CLG) grant funds to the City of Dubuque for four $750 scholarships for Historic Preservation Commissioners to attend the 2018 national forum in Des Moines; and Whereas, as a Certified Local Government the City of Dubuque has agreed to provide for annual education and training for Historic Preservation Commissioners; and Whereas, the City of Dubuque needs only $2,250 in CLG funds for three $750 schol- arships, and desires to return the 25% balance for re-allocation to other Iowa commis- sions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the enclosed letter requesting amendment of the FY 2018 CLG Grant Agreement with the State Historic Preservation Office by 25% to $2,250 for three $750 scholarships for Commissioners to attend the 2018 National Alliance of Preservation Commissions Forum. Passed, approved and adopted this 4th day of June, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8 15. Grant Management Software Recommendation : City Manager recommending ap- proval of the selection of eCivis to provide grant management software. Upon motion the documents were received, filed and approved. 16. Medline Industries, Inc. - Amended & Restated Development Agreement: City Man- ager recommending approval of the Amended and Restated Development Agreement and the Assignment, Acceptance and Notice with Medline Industries, LLC . Upon motion the documents were received and filed, and Resolution No. 170-18 Approving an Amended and Restated Development Agreement between the City of Dubuque, Iowa and Medline Industries, LLC was adopted. RESOLUTION NO. 170-18 APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND MEDLINE INDUSTRIES, LLC Whereas, on May 21, 2018, the City Council approved a Development Agreement be- tween City of Dubuque (City) and Medline Industries, LLC (Medline) providing for the sale of city real estate to Medline for the construction of a new facility in Dubuque Industrial Center North Third Addition; and Whereas, Medline has requested authority to assign the right to acquire title to the real estate to a wholly-owned subsidiary; and Whereas, the Amended and Restated Development Agreement attached hereto au- thorizes such assignment; and Whereas, the Assignment, Acceptance and Notice attached hereto, assigns the right to acquire title to MRE DIA, LLC, the wholly-owned subsidiary; and Whereas, MRE DIA, LLC has also agreed to be bound by all of the terms and condi- tions of the Amended and Restated Development Agreement and Medline will continue to be fully responsible for all of the terms and conditions of the original and amended and restated Development Agreement; and Whereas, the City Council finds that the Amended and Restated Development Agree- ment and the Assignment, Acceptance and Notice should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Amended and Restated Development Agreement and the Assignment, Acceptance and Notice are hereby approved. Section 2. The Mayor is authorized and directed to sign the Amended and Restated Development Agreement and the Assignment, Acceptance and Notice on behalf of the City of Dubuque. Passed, approved and adopted this 4th day of June, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Master Co-location and Shared Services Agreement between the City of Dubuque and Wisconsin Independent Network - Proposed Amendment to Project Statement #1: City Manager recommending approval of an amendment to an existing Master Agreement 9 and Project Statement in place between the City of Dubuque and Wisconsin Independent Network that allows Wisconsin Independent Network to place additional equipment at the 3rd Street Water Tower site. Upon motion the documents were received, filed and ap- proved. 18. 3000-3040 Jackson Street (Dubuque Brewing & Malting Complex) - Letter of Sup- port: City Manager providing a copy of the letter of support to the State Historic Preser- vation Office for the glass concept proposed by Steven Emerson for the redevelopment at the former Dubuque Brewing and Malting complex at 3000-3040 Jackson Street. Upon motion the documents were received and filed. 19. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed, and Resolution No. 171-18 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of D ubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits ; and Resolution No. 172-18 Approving ap- plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 171-18 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 approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Dubuque Bowling Lanes 1029 1/2 Main St. Class C Liquor (Sunday) Dubuque Museum of Art 701 Locust St. Class C Liquor Five Flags Center 405 Main St. Class C Liquor (Catering) (Sun- day) Los Aztecas III Mexican Rest. 2345 NW Arterial Class C Liquor (Outdoor) (Sun- day) Mason Dixon Saloon 163 Main St. Class C Liquor (Sunday) 10 Mi Ranchito 1091 University Ave. Class C Liquor (Sunday) Paradise Distilling Company 245 Railroad Ave. Class A Native Distilling Spirits Rotary Club of Dubuque 135 W. 8th St. Special Class C Liquor (Out- door) (Sunday) The Smokestack 62 East 7th St. Class C Liquor (Living Qtr.) (Outdoor) (Sunday) The Sweet Spot 269 Main St. Special Class C Liquor (Out- door) (Sunday) Permanent Transfer Skinny Maginny's 123 S. Main to 345 Main St. Class C Liquor, Class B Native Wine (Outdoor) (Sunday) Special Event Faj Squad 6/30 6201 Chavenelle Rd. Class B Beer (Outdoor) Passed, approved, and adopted this 4th day of June, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 172-18 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Business Name Business Address Beecher Liquor 1691 Asbury Rd. Casey's General Store #2420 2699 Rockdale Rd. Casey's General Store #2421 4003 Peru Rd. Casey's General Store #3473 1072 Cedar Cross Rd. CDs 4 Change 3305 Asbury Rd #2 Dubuque Mining Co. 555 J. F. Kennedy Rd #600 Family Dollar #21599 2013 Central Ave #4 Fareway Stores #114 2050 J. F. Kennedy Rd. Hartig Drug #2 157 Locust St. Hartig Drug #3 2255 J. F. Kennedy Rd. Hartig Drug #4 2225 Central Ave. Hartig Drug #8 1600 University Ave. 11 Hy-Vee Food C Store #1 3270 Dodge St. Hy-Vee Food Store #3 400 S. Locust St. Hy-Vee Food Store #1 3500 Dodge St. Hy-Vee Food Store #2 2395 NW Arterial Hy-Vee Gas #2 2435 NW Arterial Hy-Vee Gas #3 300 S. Locust St. Hy-Vee Wine & Spirits #1 3500 Dodge St. Iowa Street Market 1256 Iowa St. Jayde's Vapor Lounge 3220 Dodge St. #104 Liquor Tobacco & Gas 1401 Central Ave. Liquor Tobacco & Grocery 1998 Jackson St. Locust Tobacco and Liquor 408 W. Locust St. Midwest Vapors 2600 Dodge St., Suite B4 Monks Kaffee Pub 373 Bluff St. Moondog Music 806 Wacker Dr. #120 North Side Liquor 2013 Central Ave. Oky Doky #1 250 West 1st St. Oky Doky #8 535 Hill St. Paro Food Mart 3200 Central Ave. Phillips 66/Arby's 10 South Main St. Pioneer's Rest Stop 4900 Old Hwy Rd. Port of Dubuque Marina 450 East Third St. Q Casino 1855 Greyhound Park Dr. Ron's 5 Point Mart 405 Rhomberg Ave. Ron’s Discount Smokes and Beverage Center 3300 Asbury Rd. Sam's Club #4973 4400 Asbury Rd. Spencer Gifts, LLC 555 J. F. Kennedy Rd. Super Stop III 1101 Rhomberg Ave. The Great Vape 3250 Central Ave. Walgreens #11942 345 East 20th St. Walgreens #6154 2260 J. F. Kennedy Rd. Walgreens #9708 55 J. F. Kennedy Rd Wal-Mart Supercenter # 2004 4200 Dodge St. Passed, approved, and adopted this 4th day of June, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Appointments will be made at the next City Council meeting. 12 1. Arts and Cultural Affairs Advisory Commission-Business Professional – Living or working in Cultural and Entertainment District Qualification: One, 3-year term through June 30, 2021 (Expiring term of Gregory - Business Professional – Living or working in Cultural and Entertainment District). Applicants qualifying as Business Professional – Liv- ing or working in Cultural and Entertainment District: Ryan Decker, 1192 Locust St #3; Tyler Daugherty, 1390 Kaufmann Ave.; Paula Neuhaus, 793 West 3rd St.; Gina Siegert, 405 Southern Ave.; and Amanda Steines, 861 Alpine St. #2. Mr. Decker and Ms. Siegert spoke in support of their respective appointment to the areas they qualify for and provided brief biographies. Letters of support were received by Ms. Chavenelle and Mr. Rock. 2. Arts and Cultural Affairs Advisory Commission - Business Professional Qualification: One, 3-year term through June 30, 2021 (Expiring term of Siegert - Business Profes- sional). Applicants qualifying as Business Professional: Gail Chavenelle, 1155 Kelly Ln.; Tyler Daugherty, 1390 Kaufmann Ave.; Benjamin Drury, 1826 Ellis St.; Rachael Ferraro, 2538 Jackson St.; Jessica Heacock, 726 W. 11th St.; Paula Neuhaus, 793 West 3Rd St.; Steven Rock, 900 South Grandview Ave.; Gina Siegert, 405 Southern Ave.; Amanda Stei- nes, 861 Alpine St. #2; Lizz Tyler, 1030 Melrose Terr.; and Vince Williams, 3965 Creston St.; Chad Witthoeft, 430 Alpine St. Ms. Heacock and Mr. Williams spoke in support of their respective appointment to the areas they qualify for and provided brief biographies . 3. Arts and Cultural Affairs Advisory Commission - At-Large Qualification: One, 3-year term through June 30, 2021 (Expiring term of Henkels - At-Large). Applicants qualifying as At-Large: Bibi Burke, 1155 Arrowhead Dr. Gail Chavenelle, 1155 Kelly Ln.; Ryan Decker, 1192 Locust St #3; Marcus DeJesus, 2951 Olde Country Ln.; Tyler Daugherty, 1390 Kaufmann Ave.; Benjamin Drury, 1826 Ellis St.; Rachael Ferraro, 2538 Jackson St.; Jessica Heacock, 726 W. 11th St.; Nate Jenkins, 590 Samuel St.; Paula Neuhaus, 793 West 3rd St.; Steven Rock, 900 South Grandview Ave.; Gina Siegert, 405 Southern Ave.; Amanda Steines, 861 Alpine St. #2; Vince Williams, 3965 Creston St.; and Chad Wittho- eft, 430 Alpine St. Mr. Decker and Mr. Jenkins spoke in support of their respective ap- pointments to the areas they qualify for and provided brief biographies. 4. Cable Television Commission: Three, 3-year terms through July 1, 2021 (Expiring terms of McMullen, Tigges and Vincent). Applicants: Kathleen McMullen, 1308 Curtis St.; Jennifer Tigges, 4927 Wild Flower Dr.; and Alan Vincent, 565 Woodland Ridge 5. Civic Center Advisory Commission: Two, 3-year terms through June 29, 2021 (Ex- piring terms of Daugherty and Parks). Applicants: Tyler Daugherty, 1390 Kaufmann Ave.; Bryce Parks, 2005 N. Main St. 6. Historic Preservation Commission: Two, 3-year terms through July 1, 2021 (Expiring At-Large term of Hilgendorf and Vacant At-Large term of Happ). One, 3-year term through July 1, 2021 (Expiring Old Main District Interim term of Rapp). Applicants qualify as 13 At-Large and as Interim Commissioner: Emily Hilgendorf, 1511 N. Algona St.; Kayla Mor- rison, 3523 Lunar Dr.; Daniel (Joseph) Rapp, 27 Locust St. Ms. Hilgendorf spoke in sup- port of her appointment and provided a brief biography. A letter of support was received from Mr. Rapp. 7. Investment Oversight Advisory Commission: One, 3-year term through July 1, 2021 (Expiring term of Becker). Applicant: Franz Becker, 1847 Finley St. 8. Library Board of Trustees: Two, 4-year terms through July 1, 2022 (Expiring terms of Kramer and Poggemiller). Applicants: Rosemary Kramer, 2554 Rosewood Dr.; and Patricia Poggemiller, 3423 Arrowwood Ln. Ms. Kramer spoke in support of her appoint- ment and provided a brief biography. A letter of support was received by Mr. Poggemiller. 9. Long Range Planning Advisory Commission: One, 3-year term through July 1, 2021 (Expiring term of Pregler). Applicant: John Pregler, 1525 Pego Ct. 10. Parks and Recreation Advisory Commission: One, 3-year term through June 30, 2020 (Vacant term of Klinge). One, 3-year term through June 30, 2021 (Expiring term of Tigges). Applicants: Matthew Garrett, 1877 North Ct.; Jennifer Tigges, 4927 Wild Flower Dr. Mr. Garrett spoke in support of his appointment and provided a brief biography. 11. Zoning Advisory Commission: One, 3-year term through July 1, 2021 (Expiring term of Roussell). Applicant: Laura Roussell, 3224 Bittersweet Ln. Ms. Roussell spoke in sup- port of her appointment and provided a brief biography. PUBLIC HEARINGS 1. Dubuque Skate Park Project at Flora Park: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Dubuque Skate Park Project at Flora Park, and the City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolu- tion No. 173-18 Approval of plans, specifications, form of contract, and estimated cost for the Dubuque Skate Park Improvement Project. Seconded by Larson. Responding to questions from the City Council, Leisure Services Manager Marie Ware described the inclusive, accessible and age-neutral components of the design for skaters and their spectators and/or caretakers. Motion carried 7-0. RESOLUTION NO. 173-18 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE DUBUQUE SKATE PARK IMPROVEMENT 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 Dubuque Skate Park Improvement Project, in the estimated cost of $663,000, are hereby approved. 14 Passed, adopted and approved this 4th day of June, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Disposal of City Property at 460 E. 18th Street: Proof of publication on notice of public hearing to consider approval of the disposal of property described as Lot 1 of Marde Place in the City of Dubuque, Iowa, by conveyance to Metx, LLC related to development of 1690 Elm Street, and the City Manager recommending approval. Motion by Resnick to receive and file the documents and adopt Resolution No. 174-18 Disposing of an interest in City of Dubuque real estate located at 460 East 18 th Street and legally described as Lot 1 of Marde Place in the City of Dubuque, Iowa, to Met x, LLC. Seconded by Del Toro. Motion carried 7-0. RESOLUTION NO. 174-18 DISPOSING OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE LOCATED AT 460 EAST 18TH STREET AND LEGALLY DESCRIBED AS LOT 1 OF MARDE PLACE IN THE CITY OF DUBUQUE, IOWA, TO METX, LLC Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 25th day of May, 2018, the City Council of the City of Dubu- que, Iowa met on the 4th day of June, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 1 of Marde Place in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot 1 of Marde Place in the City of Dubuque, Iowa, to Metx, LLC be and the same is hereby approved, subject to the conditions of an Agreement between the City and Metx, LLC. Conveyance shall be by Special Warranty Deed. Section 2. That the Mayor be authorized and directed to execute a Special Warranty Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to Metx, LLC. 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 4th day of June 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Development Agreement with 3000 Jackson, LC to Redevelop Property at 3000 - 3040 Jackson Street (Former Dubuque Malting & Brewing Building) and Including the Issuance of Tax Increment Revenue Obligations: Proof of publication on notice of public hearing to consider approval of the Development Agreement with 3000 Jackson, LC for 15 the redevelopment of property at 3000-3040 Jackson Street (former Dubuque Malting & Brewing Building) to create between 110 and 120 apartments, and the City Manager rec- ommending approval. Motion by Del Toro to receive and file the documents and adopt Resolution No. 175-18 Approving a Development Agreement by and between the City of Dubuque, Iowa and 3000 Jackson, LC for the redevelopment of property at 3000-3040 Jackson Street in the City of Dubuque, Iowa Including the issuance of Tax Increment Revenue Obligations. Seconded by Jones. Chuck Harris, 2473 Jackson Street and mem- ber of the Northend Neighborhood Association, spoke in fa vor of the project but ex- pressed his concerns over the price point and density of the proposed units . David Spahn, CEO of Dubuque Stamping and Manufacturing and owner of R&S Realty, 3190 Jackson Street, stated his concerns for the record over the potential for noise complaints from their 24/7 operations adjacent to a densely populated unit. Developer Steve Emerson re- sponded to the City Council’s questions about the project’s sustainable/green features; expected commercial uses; potential for noise from adjacent businesses; parking and traffic concerns and solutions; unit costs, sizes and practicality; being pet-friendly, empa- thy for the history of the building and the neighborhood’s relationship with it. He added that the design can be amended based on the Council’s input. He added that the Housing Choice Vouchers will be accepted as part of the agreement. City Manager Van Milligen stated that there is no requirement in the agreement to provide market -rate/affordable housing but that census track data could inform the project. Motion carried 7-0. RESOLUTION NO. 175-18 APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND 3000 JACKSON, LC FOR THE REDEVELOPMENT OF PROP- ERTY AT 3000-3040 JACKSON STREET IN THE CITY OF DUBUQUE, IOWA INCLUD- ING THE ISSUANCE OF TAX INCREMENT REVENUE OBLIGATIONS Whereas, the City Council, by Resolution No. 151 -18, dated May 21, 2018, declared its intent to enter into a Development Agreement with 3000 Jackson, LC for the redevel- opment of the property at 3000-3040 Jackson Street in the City of Dubuque, Iowa (the Property), including the issuance of tax increment revenue obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed Development Agreement on June 4, 2018 at 6:00 p.m . in the City Council Chambers at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement, for redevelopment of the Property by 3000 Jackson, LC ac cording to the terms and conditions set out in the Development Agreement including the issuance of tax increment revenue obligations is in the public interest of the City of Dubuque . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement by and between the City of Dubuque and 3000 Jackson, LC, a copy of which is attached hereto, including the issuance of tax in- crement revenue obligations, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Develop- ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. 16 Section 3. That the City Manager is authorized to take such actions as are necess ary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 4th day of June, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT David Solberg, 1387 Tomahawk Drive along with of Rev. John Parsley, 816 Euclid, provided information on continued and growing interest in passenger rail service from the Envision 2010 group and that it would enhance the region. ACTION ITEMS 1. Greater Dubuque Development Corporation Quarterly Report: President and CEO Rick Dickinson presented a verbal quarterly update on the activities of the Greater Dubu- que Development Corporation. Mr. Dickinson highlighted two of GDDC’s newsletters con- taining information on Black Hills Energy’s methane gas captured and sale of renewal bio gas from the Water Resource Recover Center; Loras College Students workforce lunch- eon; GDDC staff recognitions and new hires, Medline Industries expansion; and new sat- ellite locations for Portzen Construction and Heartland Financial. Motion by Resnick to receive and file the information. Seconded by Shaw. Motion carried 7 -0. 2. Purina Drive Salt Storage Fabric Building Project Award: City Manager recommend- ing award of the construction contract for the Purina Drive Salt Storage Fabric Building Project to the low bidder A & B Construction, Ltd. Motion by Larson to receive and file the documents and adopt Resolution No. 176-18 Awarding public improvement contract for the Purina Drive Salt Storage Fabric Building. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 176-18 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE PURINA DRIVE SALT STORAGE FABRIC BUILDING Whereas, sealed proposals have been submitted by contractors for the Purina Drive Salt Storage Fabric Building pursuant to Resolution No. 109 -18 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 20th day of April 2018; and Whereas, said sealed proposals were opened and read on the 17th day of May 2018 and it has been determined that A & B Construction Limited of Harper, Iowa, with a bid in the amount of $394,098.00 is the lowest responsive, resp onsible 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 A & B Con- struction Limited, 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, adopted and approved this 4th day of June 2018. Roy D. Buol, Mayor 17 Attest: Kevin S. Firnstahl, City Clerk 3. 30-Inch Force Main Sanitary Sewer Project Phase III Award : City Manager recom- mending award of the construction contract for the 30-Inch Force Main Sanitary Sewer Project Phase III to the low bidder Top Grade Excavating, Inc. Motion by Del Tor to re- ceive and file the documents and adopt Resolution No. 177-18 Awarding public improve- ment contract for Phase III of the 30-Inch Force Main Relocation Project from 7th Street to 12th Street. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 177-18 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR PHASE III OF THE 30-INCH FORCE MAIN RELOCATION PROJECT FROM 7TH STREET TO 12TH STREET Whereas, sealed proposals have been submitted by contractors for Phase III of the 30-inch Force Main Relocation Project from 11th Street to 12th Street, (the Project) pursu- ant to Resolution No. 134-18 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 9th day of May 2018; and Whereas, said sealed proposals were opened and read on the 24th day of May 2018 and it has been determined that Top Grade Excavating, Inc. of Farley, IA, with a bid in the amount of $584,117.80 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, adopted and approved this 4th day of June 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Hot Mixed Asphalt (HMA) Pavement Milling & Restoration Project US52 / White Street Award: City Manager recommending award of the construction contract for the HMA Pavement Milling & Restoration Project US52 / White Street to the low bidder East- ern Iowa Excavating & Concrete, subject to the concurrence of the Iowa Department of Transportation. Motion by Larson to receive and file the documents and adopt Resolution No. 178-18 Awarding public improvement contract for the HMA Pavement Milling and Resurfacing Project on US52 White Street from 9th to 11th Street and on 11th Street from White to Elm Street. Seconded by Del Toro. Responding to questions from the City Coun- cil, City Engineer Gus Psihoyos stated that the project was designed in -house and that re-bidding the project would likely subject the bids to the expected rise in materials costs. Staff was asked to consider possible impact on residents caused by the concurrent Kauf- mann Avenue and 22nd Phase II Street project. Motion carried 7-0. RESOLUTION NO. 178-18 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE HMA PAVEMENT MILL- ING AND RESURFACING PROJECT ON US52 WHITE STREET FROM 9TH TO 11TH STREET AND ON 11TH STREET FROM WHITE TO ELM STREET 18 Whereas, sealed proposals have been submitted by contractors for the HMA Pave- ment Milling and Resurfacing Project on US52 White Street from 9th to 11th Street and on 11th Street from White to Elm Street, (the Project) pursuant to Resolution No. 133-18 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 11th day of May 2018; and Whereas, said sealed proposals were opened and read on the 24th day of May 2018 and it has been determined that Eastern Iowa Excavating & Concrete, LLC out of Cas- cade, IA with a bid in the amount of $663,771.22 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 Eastern Iowa Excavating & Concrete, LLC and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 4th day of June 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Banner Policy after Reed vs. Town of Gilbert, Arizona: City Manager recommending that the City Council revoke or dissolve the City’s Banner Policy. Restated motion by Resnick to revoke the City’s banner policy. Seconded by Del Toro. The City Council had considerable discussion on the matter that included over reaching control, amending the display timeline requirement, private property options, freedom of speech concerns that might extend beyond promoting events or businesses, and conflict with Federal Law. City Manager Van Milligen and City Attorney Brumwell clarified that this pertains to City-owned poles and the managing of only the time, location and manner of display. Assistant City Attorney Maureen Quann clarified what displays are exempt by Code, the history of re- quests to use the banner policy, and other options for banners such as special events permit and the Planning Services and Building Services Departments. Motion failed 4-3 with Buol, Resnick and Jones voting yay. Motion by Larson to reconsider the item. Seconded by Resnick. Motion carried 5-2 with Del Toro and Rios voting nay. Motion by Resnick to revoke the banner policy. Seconded by Jones. Additional discus- sion centered around exposing the City to litigation by no longer being compliant with the Supreme Court and the possibility of amending portions of the policy through a later re- view. Motion carried 4-3 with Shaw, Del Toro and Rios voting nay. 6. Request for Work Session on Enhanced Broadband Capacity, Access and Equity: City Manager recommending that the City Council schedule a work session for June 11, 2018 to discuss efforts to enhance broadband capacity, access and equity in Dubuque. Motion by Resnick to receive and file the documents and set the work session for June 25, 2018. Seconded by Jones. Buol, Resnick and Del Toro stated that they would not be able to attend the original date of June 11. Jones requested that the work session be scheduled in conjunction with the work session already scheduled for June 25. Resnick stated that he cannot be in attendance on June 25. Motion carried 7-0. 19 7. SW Arterial Construction Update Video: Cable TV Division showed a video of the recent progress of the Southwest Arterial Project (April - May 2018). Motion by Resnick to receive and file the information. Seconded by Larson. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Resnick congratulated Fly-By-Night Productions Theater Company on 35 years of providing community theater with a celebration at the Smokestack, 62 E. 7th St. on June 5. Council Member Shaw congratulated Dubuque Pride on their June 3 LGBTQ+ cele- bration at Flora Park and the Smokestack. Council Member Del Toro reported on the field trip and tour of the city and Council Chambers for Kennedy Elementary School students and hosted by former Council Mem- ber Joyce Connors. Mr. Del Toro also reported on the Marshall Islands Constitution Day celebration held May 26 at Flora Park hosted by the Multicultural Family Center. Mr. Del Toro encouraged other Council Members to attend future events and then presented Mayor Buol with a woven photo frame as a gift from the Marshallese Committee. There being no further business, upon motion the City Council adjourned at 8:16 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk