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7 2 18 City Council Proceedings Official_Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on July 2, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Community-Oriented Policing. WORK SESSION COMMUNITY-ORIENTED POLICING Police Chief Mark Dalsing conducted the work session through a slide presentation. Topics included: • History of Community-Oriented Policing since 1993; • Mission Statement and Purpose; • Partnerships & Problem Solving (P2); • Principles of Community-Oriented Policing; • Community empowerment & partnerships; • Long-Term, Proactive Problem solving; • Expansion of the Police role • Organizational Chart of the Police Department and promotional history • Characteristics of Community-Oriented Policing Officers • Landlord Interaction • Nuisance Ordinance identification of properties, violation reporting and follow-up. • Monitoring of community events • Public Committees membership and representation • Neighborhood Associations meeting attendance • Internal Working Group discussions within City Departments There being no further business, upon motion the City Council adjourned at 5:50 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 6:00 p.m. on July 2, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, 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 PRESENTATIONS 1. Association of State Floodplain Managers' Award for the Bee Branch Watershed Flood Mitigation Project: Civil Engineer Deron Muerhing presented the 2018 James Lee Witt Local Award for Excellence in Floodplain Excellence from the Association of State Floodplain Managers for the Bee Branch Watershed Flood Mitigation Project to the City Council. 2. 1000 Friends of Iowa Award for the Bee Branch Creek Restoration Project : Civil Engineer Deron Muehring presented the 1000 Friend of Iowa 2017 Best Development Jurors’ Choice Award for the Bee Branch Creek Restoration Project to the City Council. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Shaw. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council Proceedings of 6/18, 6/25; Five Flags Civic Center Commission of 5/16; Library Board of Trustees of 4/26; Proof of Publication for City Council Proceedings of 6/4; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 5/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Sherry Saunders for vehicle damage, Allan Simms for vehicle damage, Donna Stecher for personal injury. Upon motion the documents were received, filed, and referred to the City Attorney 3 3. Disposition of Suits: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Rainbo Oil Company for property damage, Sherry Saunders for vehicle dam- age, Allan Simms for vehicle damage, Donna Stecher for personal injury . Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommending Council approval for payment of City expenditures. Upon motion the documents were received, filed and ap- proved. 5. GFOA Certificate of Achievement for Excellence in Financial Reporting: City Man- ager transmitting the 30th Consecutive Certificate of Achievement for Excellence in Fi- nancial Reporting received from the Government Finance Officers Association that rec- ognizes the City's Comprehensive Annual Financial Report (CAFR). Upon motion the document was received and filed. 6. 2018 City of Dubuque Water Quality Report: City Manager providing notice that the City of Dubuque has published its annual water quality consumer confidence report. Upon motion the document was received and filed. 7. Letter of Support for Steeple Square: City Manager requesting approval to submit a Letter of Support for the Steeple Square project. Upon motion the document was re- ceived, filed and approved. 8. Annual Public Housing Agency (PHA) Plan : City Manager recommending approval of the submission of the Annual Public Housing Agency Plan along with the Certificate for Consistency with the Consolidated Plan to the U.S. Department of Housing and Urban Development. Upon motion the documents were received and filed, and Resolution No. 203-18 Authorizing the Mayor to execute the Certification by State or Loca l Office of Pub- lic Housing Agency (PHA) Plan is consistent with the Consolidated Plan and approval of the PHA Annual Plan was adopted. RESOLUTION NO. 203-18 AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR LO- CAL OFFICE OF PUBLIC HOUSING AGENCY (PHA) PLAN’S CONSISTENCY WITH THE CONSOLIDATED PLAN AND APPROVAL OF THE PHA ANNUAL PLAN Whereas, the U.S. Department of Housing and Urban Development requires submis- sion of the Public Housing Agency (PHA) Plan on an annual basis; and Whereas, the U.S. Department of Housing and Urban Development requires Certifica- tion of the PHA Plan’s Consistency with the Consolidated Plan. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby authorized and di rected to certify the PHA Plan’s Consistency with the Consolidated Plan. 4 Section 2: That the Director of Housing and Community Development is hereby au- thorized to submit the PHA Plan and the Certification as required by the U.S. Department of Housing and Urban Development. Passed, approved and adopted this 2nd day of July, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Delinquent Weed/Grass Cutting and Garbage/Junk Collection Accounts (Health Ser- vices): City Manager recommending approval of the levy of special assessments for Weed/Junk/Garbage Enforcement Programs with the Health Services Department for properties enforced on from October 13, 2017 to June 4, 2018. Upon motion the docu- ments were received and filed, and Resolution No. 196-18 Adopting the Schedule of As- sessments for 2018 and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 196-18 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 2018 AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Asse ssments attached hereto for weed/grass cutting and junk/garbage removal tax assessments which Schedule of As- sessments was filed in the office of the City Clerk on the 2 nd day of July, 2018, the said Schedule of Assessments be and the same is hereby approve d and adopted. That there be and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification 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. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to as- sessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. after 30 days, unpaid assessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 2nd day of July, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5 SCHEDULE OF ASSESSMENTS W EED/JUNK/GARBAGE ENFORCEMENT PROGRAMS October 13, 2017-June 4, 2018 Property Address; Owner; Parcel; Legal Description; Contractor; Date cut/cleaned up by contractor; Expense; Admin. Fee 1106 Lincoln Ave; Pamela J Stotlar 1106 Lincoln Ave Dubuque, Ia. 52001; 1118315005; Lot 34 Fengler's Add; Dolan; 10/26/2017; 105.00; 25.00 1360 Jackson St; David F Murray 1360 Jackson St Dubuque, Ia. 52001; 1024430005; N 1/2 Lot 54 East Dubuque Add; Dolan; 2/13/2018; 105.00; 25.00 370 Hill St. Christopher Erschen 370 Hill St Dubuque, Ia. 52001; 1025177008; N 32' Lot 6 Buettel & Lang’s; Dolan; 5/11/2018; 75.00; 25.00 1289 W 5th St; Rebecca L. McCue 1289 W 5th St Dubuque Ia. 52001; 1026236008; Lot 2-A-11 & Lot 2-Bb-12 Both S.M. Lang's Add; Dolan; 5/25/2018; 70.00; 25.00 642 N Burden; Terrance J. Mueller 642 N Burden Ave Dubuque Ia. 52001; 1012379007; Lot 105 O'Neill’s Riverview Add.; Dolan; 5/25/2018; 70.00; 25.00 2520 Stafford; Gary A & Annette Haas 2520 Stafford St Dubuque Ia. 52001; 1013411005; Lot 2 A Stines's Sub; Dolan; 5/25/2018; 70.00; 25.00 4980 Radford Ct; Tri State Islamic Center PO Box 333 Dubuque, Ia. 52004; 1020406036; Lot 2 Blk 11 Sunnyslope Estates; Dolan; 5/24/2018; 100.00; 25.00 2506 Washington St; Nellie M Moore 2506 Washington St Dubuque, Ia. 52001; 1013336023; Lot 36 E Langworthy’s Add; Dolan; 5/29/2018; 70.00; 25.00 686-688 University Ave; Deane & Manolita Dement PO Box 836 Dubuque, Ia. 52004; 1025129016, 1025129017; Lot 1-1-1-10 Kelly’s Sub, Lot 2-1-1-10 Kellys Sub & Lot 2-1- 11 Kelly’s Sub; Dolan; 5/29/2018; 105.00; 25.00 420 Southern Ave; Patrick & Sean Coleman 4101 Vincent Ave S Minneapolis, Mn 55410; 1036253003; Lot 3 Rowan's Add; Dolan; 5/30/2018; 70.00; 25.00 2240 Hoyt St; Timothy E Schulte 2240 Hoyt St Dubuque, Ia. 52001; 1023327001; Lot 1-3 Pfohl’s Sub; Dolan; 6/1/2018; 140.00; 25.00 696 University Ave; Darriel Hoskins 696 University Ave Dubuque, Ia. 52001; 1025129043; W 18' Lot 9, & E 29'1 of Lot 9 Kelly's Sub; Dolan; 6/4/2018; 140.00; 25.00 1326 Elm St; Nancy M Leslein 1326 Elm St Dubuque, Ia. 52001; 1024432010; S 1/2 Lot 195 East Dubuque Add; Dolan; 6/4/2018; 70.00; 25.00 2985 Oak Crest Dr.; Patricia A Kohler 2985 Oak Crest Dr. Dubuque, Ia. 52001; 1014251006; Lot 2-1 Blk 13 Lot 1-2-1 Blk 15 Green Acres Sub; Dolan; 6/4/2018; 140.00; 25.00 10. Port of Dubuque Marina Temporary Position: City Manager recommending that the creation of a temporary seasonal Assistant Marina Manager position for the 2018 season. Upon motion the documents were received, filed and approved. 11. Medical Plan Administrative Services Fee and Stop Loss Insurance Coverage Re- newal: City Manager recommending renewal of the Medical Plan Administrative Services Fee and Stop Loss Insurance Coverage. Upon motion the documents were received, filed and approved. 6 12. Gallagher Benefit Services Renewal Proposal: City Manager recommending ap- proval of the renewal proposal from Gallagher Benefit Services, Inc. for benefit consulting and actuarial services effective July 1, 2018 through June 30, 2019 and authorize the City Manager to sign the Amendment. Upon motion the documents were received, filed and approved. 13. PetData, Inc. -Renewal of Contract for Pet Licensing Services: City Manager rec- ommending approval of a contract renewal with PetData, the company providing pet li- censing services for the City. Upon motion the documents were received, filed and ap- proved. 14. Creek Wood Park Construction Project Award: City Manager recommending that the award for the Creek Wood Park Construction Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 15. Flora Park Waterproofing Project Award: City Manager recommending that the award for the Flora Park Maintenance Building Waterproofing Project be officially rec- orded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 16. Flora Park Playground Project Award: City Manager recommending that the award for the Flora Park Playground Equipment and Installation Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 17. Veteran's Park Pickle Ball Court Construction Project Award: City Manager recom- mending that the award for the Veteran’s Park Pickle Ball Courts Project to Midwest Con- crete, Inc., be officially recorded in the minutes of the City Council. Upon motion the doc- uments were received, filed and made a Matter of Record. 18. Fiscal Year 2017 Sewershed 10 Manhole Project Acceptance : City Manager rec- ommending acceptance of the public improvement construction contract for the FY17 Sewershed 10 Sanitary Sewer Manhole Project, as completed by Drew Cook & Sons Excavating. Upon motion the documents were received and filed, and Resolution No. 197-18 Accepting the FY17 Sewershed 10 Sanitary Sewer Manhole Project was adopted. RESOLUTION NO. 197-18 ACCEPTING THE FY17 SEWERSHED 10 SANITARY SEWER MANHOLE PROJECT Whereas, the public improvement contract for the FY17 Sewershed 10 Sanitary Sewer Manhole Project, (the Project) has been completed by the Contractor, Drew Cook & Sons Excavating (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 $127,349.21; and Whereas, the Contractor has previously been paid $120,981.75, leaving a balance of $6,367.46; and 7 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 $6,367.46 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 2nd day of July, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF FY17 SEWERSHED 10 SANITARY SEWER MANHOLE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the FY17 Sewershed 10 Sanitary Sewer Manhole 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 $127,349.21. Dated this 25th day of June, 2018. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 25th day of June, 2018. /s/Kevin S. Firnstahl, City Clerk 19. John F. Kennedy Road Concrete Panel Replacement Project : City Manager rec- ommending that the award for the John F. Kennedy Concrete Panel Replacement Project to Drew Cook & Sons Excavating Co., Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Rec- ord. 20. Consultant Selection for Central Avenue Corridor Stree tscape Master Plan: City Manager recommending selection of RDG Planning & Design as the consultant for the Central Avenue Corridor Streetscape Master Plan process. Upon motion the documents were received, filed and approved. 21. Collective Bargaining Agreement Between the City of Dubuque and the Dubuque Police Protective Association: City Manager transmitting the results of the arbitration hearing related to the Collective Bargaining Agreement between the City of Dubuque and the Dubuque Police Protective Association. Upon motion the documents were received and filed. 22. License Agreement between City of Dubuque and NVIDIA Corporation : City Man- ager providing the License Agreement between the City of Dubuque and NVIDIA Corpo- ration to allow the sharing of certain traffic information. Upon motion the documents were received and filed. 8 23. Swiss Valley Interchange Project Approving Plats, Accepting Deeds and Ease- ment: Senior Counsel recommending approval of a resolution accepting IDOT Plats, War- ranty Deed and Easement for the Storm Sewer from DMASWA and Quit Claim Deed from William and Joyce Watters for the Swiss Valley Interchange Project. Upon motion the documents were received and filed, and Resolution No. 198-18 Approving Acquisition Plats from the Iowa Department of Transportation for the Swiss Valley Interchange Pro- ject for the Landfill Frontage Road; Accepting the Related Warranty Deed and Easement for Storm Sewer from Dubuque Metropolitan Area Solid Waste Agency; and Accepting the Related Quitclaim Deed from William J. Watters and Joyce E. Watters was adopted. RESOLUTION NO. 198-18 APPROVING ACQUISITION PLATS FROM THE IOWA DEPARTMENT OF TRANS- PORTATION FOR THE SWISS VALLEY INTERCHANGE PROJECT FOR THE LAND- FILL FRONTAGE ROAD; ACCEPTING THE RELATED WARRANTY DEED AND EASEMENT FOR STORM SEWER FROM DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY; AND ACCEPTING THE RELATED QUITCLAIM DEED FROM WIL- LIAM J. WATTERS AND JOYCE E. WATTERS Whereas, Dubuque Metropolitan Area Solid Waste Agency (DMASWA) and the Iowa Department of Transportation (IDOT) have entered into a Purchase Agreement for the Swiss Valley Interchange Project for the Landfill Frontage Road, a copy of which is at- tached hereto, pursuant to which DMASWA will convey certain property described therein to the State of Iowa/IDOT; and Whereas, the State of Iowa/IDOT will retain 4.40 acres of the property in its name and 11.34 acres will be platted as fee title in the name of the City of Dubuque as shown on the Acquisition Plat in the Purchase Agreement and the attached Warranty Deed; and Whereas, the Purchase Agreement includes a plat for a Permanent Easement to the City of Dubuque for storm sewer purposes, as shown on the Acquisition Plat in the Pur- chase Agreement and the attached Easement for Storm Sewer; and Whereas, on June 20, 2018, DMASWA’s Board of Directors pursuant to notice pub- lished as required by law held a public hearing on its intent to dispose of the foregoing property and overruled all objections thereto and approved the Purchase Agreement and Acquisition Plats; and Whereas, the City Council finds that it is in the best interest of the City of Dubuque to approve the Acquisition Plats and accept the Warranty Deed and Easement for Storm Sewer from DMASWA; and Whereas, William J. Watters and Joyce E. Watt ers have quitclaimed their interests in the property conveyed by DMASWA to the City of Dubuque as shown on the attached Quit Claim Deed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Acquisition Plats in the Purchase Agreement are hereby approved. Section 2. The Warranty Deed, Easement for Storm Sewer and Quit Claim Deed at- tached hereto are hereby accepted by the City of Dubuque. 9 Passed, approved and adopted this 2nd day of July, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. Proposed amendment to Master Co-location and Shared Services Agreement be- tween the City of Dubuque and ImOn Communications LLC: City Manager recommending approval of an amendment to an existing Master Agreement and Project Statement in place between the City of Dubuque and ImOn Communications LLC. Upon motion the documents were received, filed and approved. 25. Signed Contract(s): Blackstone Environmental, Inc., to provide professional envi- ronmental consulting services to the City of Dubuque related to an environmental assess- ment review of the Morrison Brothers' 24th Street facility. Upon motion the documents were received and filed. 26. Improvement Contracts / Performance, Payment and Maintenance Bonds : Drew Cook & Son Excavating Co., Inc. for the Cummins Street Retaining Wall Reconstruction Project; Eastern Iowa Excavating & Concrete, LLC for the HMA Milling and Resurfacing Project US52 White and 11th St.; Langman Construction, Inc., for the 17th Street Storm Sewer Improvements Elm St. to Heeb St. Project; Reuter Mechanical, Inc. (DBA East Iowa Construction) for the 2018 Asphalt Overlay Ramp Project Four; S&S Builders for the Stump and Sidewalk Removal and Repair Project; Top Grade Excavating Inc. for the 30 - Inch Sanitary Sewer Force Main Relocation Phase III Washington St. (7th St. to 9th St.). Upon motion the documents were received, filed and approved. 27. 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. 199-18 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 Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 199-18 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: 10 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 Jubeck New World Brewing 115 W. 11th St. Class B Beer (Sunday) Diamond Jo Casino 301 Bell St. Class C Liquor, Class B Na- tive Wine (Outdoor) (Sun- day) Fischer Lanes 880 Locust St. Class C Liquor (Sunday) Kwik Star #236 2035 J.F. Kennedy Rd. Class B Beer, Class B Na- tive Wine (Sunday) Kwik Star #495 2685 Dodge St. Class C Beer, Class B Na- tive Wine (Sunday) Passed, approved, and adopted this 2nd day of July, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick 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 Del Toro. Motion carried 7-0. 1. Thompson Truck and Trailer, LLC Lease: City Manager recommending that the City Council set a Public Hearing for July 16, 2018, on a Lease Agreement between the City of Dubuque and Thompson Truck and Trailer LLC. Upon motion the documents were received and filed, and Resolution No. 200-18 Resolution of Intent to dispose of an inter- est in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Thompson Truck and Trailer, LLC a Delaware Corporation was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on July 16, 2018 in the Historic Federal Building. RESOLUTION NO. 200-18 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND THOMP- SON TRUCK AND TRAILER LLC, A DELAWARE CORPORATION Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described as follows: Part Of Lot 1-1-1-1-1 Of Block 1 In Riverfront Subdivision No. 5 More Particularly As Follows: Beginning At The Southwest Corner Of Lot 9 Of Block 1 In Riverfront Subdivision No. 5; 11 Thence Southeasterly Along The Westerly Line Of Lot 2-1-1-1 Of Block 1 In Riverfront Subdivision No. 5 And Its Southerly Extension A Distance Of Approxi- mately 66 Feet; Thence Southwesterly Along A Line 66 Feet South Of And Parallel To The South- erly Right Of Way Line Of Kilgore Street A Distance Of Approximately 302 Feet; Thence Northwestlery Along The Easterly Line Of Lot 2-1-1-1-1 Of Block 1 In Riverfront Subdivision No. 5 And Its Southerly Extension A Distance Of Approxi- mately 66 Feet To The Northeasterly Corner Of Said Lot 2 -1-1-1-1 Also Being A Point On The Southerly Right Of Way Line Of Kilgore Street; Thence Northeasterly Along The Southerly Right Of Way Line Of Kilgore Street A Distance Of Approximately 302 Feet To The Point Of Beginning, Containing Ap- proximately 20,760 Square Feet, More Or Less (Approximately 0.477 Acres In To- tal); And Whereas, Thompson Truck and Trailer, LLC desires to lease a part of the property as shown on Exhibit A, attached hereto (the Property), for parking vehicles and trucks as set forth in the Lease Agreement which is on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, City and Thompson Truck and Trailer, LLC have tentatively agreed to the Lease Agreement, which among other things, provides for a term through June 30, 2023; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the Property by Lease Agreement between City and Thompson Truck and Trailer , LLC. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code 364.7 of a public hearing on the City’s intent to dispose of the Property by Lease Agreement, to be held on the 16 th day of July, 2018, at 6:00 o’clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 2nd day of July, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicant(s) were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Electrical Code Board: One, 3-year term through May 21, 2020 (Expiring term of Dowell). Applicant: Tom Townsend, 1940 Amelia Dr. Mr. Townsend spoke in support of his appointment and provided a brief biography. Appointments were made to the following Boards/Commissions. 12 2. Resilient Community Advisory Commission: Cross Representation Position: One, 3-year term through June 30, 2021 (Expiring Cross Representation term of Roussell). Applicant: Laura Roussell, 3224 Bittersweet Ln. Motion by Jones to appoint Ms. Roussell to the 3-year term. Seconded by Larson. Motion carried 7-0. At-Large: Two, 3-year terms through June 30, 2021 (Expiring At-Large terms of Booth, Darr). Applicants: Sara Booth, 876 Yale Ct. #3; Benjamin Darr, 419 Winona St.; Lalith Jayawickrama, 2360 Cherry St.; Laura Roussell, 3224 Bittersweet Ln. Upon roll-call vote, Ms. Booth and Mr. Darr were appointed to 3-year terms. (Vote: Both = Resnick, Buol, Jones, Larson, Del Toro; Darr = Shaw, Rios, Jones, Larson, Del Toro; Jayawackrama – Shaw, Resnick, Rios, Buol; Roussell = -0-) PUBLIC INPUT Action Item No. 4 Tiered Inspection Program: Lynn Sutton, 859 Air Hill, expressed her concerns regarding the Tiered Inspection Program stating that there is a lack of clarity in the wording and asking how it differed from the November 2017 document. She added that she believes property inspection rotations are not being followed on problem proper- ties and that inspection enforcement fines are being forgiven. Antonin Erba, 1505 Fairview, expressed his concerns over what he perceived as a lack of citizen input into the Tiered Inspection Program and asked if tenants had been solicited for input. Mr. Erba also related a personal story about his previous horrific living condi- tions. Action Item No. 1 John F. Kennedy Rd. Sidewalks (from Asbury Road to the NW Arte- rial): Citizens who spoke in opposition to the item included: Joleen and Mike Rettenberger, 2291 Gordon Dr.; Carol Meyer, 2644 J.F. Kennedy Rd.; and Sheri Clancy, 2691 Mary- wood Dr. Speakers cited a lack of need, heavy traffic and speeds unsafe for sidewalks, issues with property owners removing snow from rear lot lines and the financial assess- ment burden of the project. Citizens who spoke in support included: Todd Gilligan, 2999 Olde Country Ln.; Steve Molina, 3285 Spring Valley Rd.; Bill Stoffel, 2905 Fox Hollow Dr.; Sally Shearer, 2935 Fox Hollow Dr.; Gary Cording, 3210 Spring Valley Rd.; and Mark Neemers, 801 Davis St. Speakers cited a need for accessibility to walking trails and area amenities, the need for pedestrian safety, and the burgeoning development of the area resulting in increased pedestrian traffic. Action Item No. 2 Five Flags Civic Center Assessment and Study: Citizens who spoke in support of the item included: Antonin Erba, 1505 Fairview Pl.; Mark Wahlert, 1525 Douglas St.; Mark Heiderscheit, 3074 Sundown Ct.; Helen Magee, 611 S. Grandview Ave.; Bill Stoffel, 2905 Fox Hollow Rd.; John Perry, 250 W. 6 th St.; John Pregler, 1525 Pego Ct. ACTION ITEMS 13 1. John F. Kennedy Road Sidewalks: City Manager transmitting information about the John F. Kennedy Road sidewalks. Following lengthy discussion, restated motion by Jones to advance the public improvement project as usual with the condition that the City would be responsible for snow removal in the block adjacent to the Gordon Drive proper- ties. City Engineer provided information on why sidewalks might not exist in some other areas of town due to issues with right-of-way, easements and property ownership. Motion carried 5-2 with Rios and Del Toro voting nay. 2. Five Flags Civic Center Assessment and Study: Five Flags Civic Center Commis- sion submitting the Assessment and Study and Report regarding the future of the Five Flags Civic Center and recommending that the City Council select Scenario #4. City Man- ager providing information on downtown parking availability. Following lengthy discus- sion, Motion by Jones to receive and file the documents. Seconded by Rios. Motion car- ried 5-2 with Resnick and Del Toro voting nay. 3. Memorandum of Understanding with IADU Table Mound MHP, LLC: City Manager recommending approval of a Memorandum of Understanding (MOU) with IADU Table Mound MHP, LLC (Table Mound) for the repairs and improvements to its water distribu- tion system, sanitary sewer collection system, to make the system compliant with Iowa Department of Natural Resources (IDNR) requirements and to City standards, and to dedicate portions of the system to the City. Motion by Resnick to receive and file the documents and adopt Resolution No. 201-18 Approving a Memorandum of Understand- ing between the City of Dubuque and IADU Table Mound MHP, LLC for r epairs and im- provements to its water distribution and sanitary sewer collection system . Seconded by Shaw. Motion carried 7-0. RESOLUTION NO. 201-18 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE AND IADU TABLE MOUND MHP, LLC for REPAIRS AND IMPROVE- MENTS TO ITS WATER DISTRIBUTION AND SANITARY SEWER COLLECTION SYS- TEM Whereas, IADU Table Mound MHP, LLC owns a private water distribution system that serves three areas outside the City of Dubuque: Table Mound 1 Mobile Home Park, the Kerrigan Heights subdivision, and seven commercial businesses located on Rockdale Road; and Whereas, IADU Table Mound MHP, LLC owns a private sanitary sewer collection sys- tem that serves two areas outside the City of Dubuque: Table Mound 1 Mobile Home Park and the Kerrigan Heights subdivision; and Whereas, the City of Dubuque owns and operates, and maintains the City of Dubuque water distribution system that serves over 23,000 customers located both in and outside the corporate limits of the City; and Whereas, the City of Dubuque owns, operates, and maintains the public sanitary sewer collection system which serves over 23,000 customers located both in and outside the corporate limits of the City; and Whereas, IADU Table Mound MHP, LLC wishes to make necessary repairs and im- provements to its water distribution system and sanitary sewer collection system to make 14 the systems compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards; and Whereas, after completion of improvements to the Table Mound water distribution and sanitary sewer collection system, when its water and sanitary sewer components are deemed compliant with both Iowa Department of Natural Resource requirements and City of Dubuque standards, IADU Table Mound MHP, LLC wishes to dedicate portions of the water distribution and sanitary sewer collection system to the City of Dubuque for opera- tion as part of the City of Dubuque’s water distribution and sanitary sewer collection sys- tems; and Whereas, after improvements have been made and the IADU Table Mound MHP, LLC’s water distribution and sanitary sewer collection system is deemed compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards, the IADU Table Mound MHP, LLC’s water distribution and sanitary sewer collection system will be connected to the City of Dubuque’s water distribution and sanitary sewer collection system. Customers served by the existing IADU Table Mound MHP, LLC system will be served by the City of Dubuque’s water distribution and sanitary sewer collection systems after connection; and Whereas, the City desires to accept portions of the IADU Table Mound MHP, LLC system after the system meets Iowa Department of Natural Resources requirements and City of Dubuque standards and will serve customers located within the system; and Whereas, the City of Dubuque and IADU Table Mound MHP, LLC wish to enter into a Memorandum of Understanding for the improvements to the water distribution and sani- tary sewer collection system, for the dedication of portions of that system to the City of Dubuque, and for the transfer of water service from IADU Table Mound MHP, LLC to the City of Dubuque; and Whereas, the City Council of the City of Dubuque, Iowa finds that it is in the best inter- ests of the City to approve this Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Memorandum of Understanding attached is approved on behalf of the City of Dubuque. The Mayor and City Clerk are authorized to execute the Memorandum of Understanding. Section 2. The City Manager, City Attorney, and the City’s legal counsel are hereby authorized to take all necessary actions to execute this Memorandum of Understanding. Section 3. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. Passed, approved and adopted this this 2nd day of July, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Rental Housing Tiered Inspection Program - Code Amendment and Adoption of Pro- gram: City Manager recommending 1) Passage of an ordinance amending t he City of Dubuque Code of Ordinances Title 14, Chapter 1 Building Codes, Article J Property Maintenance Code, Section 14-1J-3 Rental Licenses; and 2) Adoption of the resolution allowing the City Manager to implement and amend the Tiered Inspection Program as needed to achieve outcomes described in the City Council’s Goals & Priorities. Motion by 15 Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 21-18 Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Build- ing Codes, Article J Property Maintenance Code, Section 14-1JRental Licenses. Se- conded by Shaw. Motion carried 7-0. Motion by Jones to adopt Resolution No. 202-18 Resolution of the City Council of the City of Dubuque, Iowa adopting the Rental Housing Tiered Inspection Program. Se- conded by Shaw. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 21-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE J PROPERTY MAINTE- NANCE CODE, SECTION 14-1J-3 RENTAL LICENSES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 14-1J-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-3: RENTAL LICENSES: A. Rental License Required: No property owner, manager, or licensed real estate professional may let to another for rent and/or occupancy any dwelling, dwelling unit, housekeeping unit, rooming house, rooming unit, or sleeping unit, as defined by the property maintenance code and hereinafter cumulatively referred to as "rental unit" in the city unless such person holds a current rental license issued by the city manager in the name of the property owner, manager, or licensed real estate professional for the specific rental unit. B. Application Requirements: Completion of a rental license application must be made by the property owner, manager, or licensed real estate professional and must include, but not be limited to, the following information: 1. Address of the rental unit(s), including correct unit identifications. 2. Number and type of rental units in the structure. 3. Owner's name and contact information, including: a. Mailing address. b. Telephone number during normal business hours. c. Telephone number in the event of an emergency. d. E-mail address, if available. 4. If the property owner has retained a property manager the property owner must provide the following information: a. Property manager's name. b. Property manager's mailing address. c. Property manager's telephone number during normal business hours. d. Property manager's telephone number in the event of an emergency. e. Property manager's e-mail address, if applicable. 16 f. A statement that the property manager or real estate professional has the same authority and responsibility as the property owner for maintaining the rental unit(s). 5. The property owner, manager, or licensed real estate professional must des- ignate a responsible agent to represent the property owner, manager, or licensed real estate professional whenever the property owner, manager, or licensed real estate professional is not available for maintenance of the dwelling for which a li- cense is sought. The agent must have the same authority and responsibility as the property owner for maintaining the rental unit(s). C. Duty to Report Changes: The property owner or registered manager or real estate professional is responsible to inform the City of any subsequent changes to any infor- mation on the rental license application which has changed at th e time of such changes, and at any time changes occur after the initial registration. D. Rental License Fees: The City Council, by resolution, establishes a fee schedule to defray the costs of inspections, enforcement, and administration of the provisions of this Code. E. Rental License Term: 1. Rental licenses will be issued for a term of one year. A rental license issued during the course of the year will be put on the standard cycle for rental license expiration which may result in a prorated rental lice nse term of less than one year. 2. If a property owner, manager, or licensed real estate professional is designated a priority category under section 14-1J-4 of this article, the City Manager may reduce the term of the rental license from an annual license to a quarterly license until such time as the priority category has gone twelve (12) consecutive months without a violation which would qualify the individual for priority category status. F. Annual License Renewal: 1. Rental licenses must be renewed annually, upon notice issued by the City Manager to the property owner or registered manager or licensed real estate pro- fessional holding the rental license(s). 2. Application for renewal of a rental license may be made within sixty (60) days prior to the expiration of an existing rental license. 3. Application for renewal of rental licenses will be sent at the beginning of each calendar year and must be remitted within sixty (60) days. G. Renewal Fees Due: Renewal fees will be invoiced at the beginning of each cal- endar year and must be remitted within sixty (60) days. Failure to pay required fees is a violation of this Code and may result in monetary penalties, license suspension, li- cense revocation, issuance of a notice to vacate to tenants, and/or issuance of Munic- ipal infractions. H. Rental License Not Transferable: Rental licenses are not transferable from one property to another. It is the responsibility of the prope rty owner, manager, or licensed real estate professional holding a rental license to provide the City Manager written notice, within five (5) working days, of transferring or otherwise disposing of ownership or control of the property. The notice must include the available information on the buyer. It is the responsibility of the property buyer to license the property in his/her name or company name within five (5) working days. The new property owner will owe no additional rental license fees until the next rental license renewal for the property. 17 I. Conditions of Rental Licenses: The City Manager is hereby authorized to issue and renew a rental license in the name of the applicant property owner, manager, or licensed real estate professional, provided the following criteria are met: 1. Property Maintenance Code Warranty: The rental unit is warranted by the prop- erty owner, manager, or licensed real estate professional to substantially comply with the Property Maintenance Code. 2. Fees: All fees required pursuant to the issuance of a rental license are paid in full to the City. 3. Successful Rental Property Management Class: a. The property owner or manager has completed the Successful Rental Prop- erty Management Class (the program) or a program of continuing e ducation ap- proved by the City Manager. b. Until such time as the property owner or manager has completed the pro- gram or an equivalent program of continuing education approved by the City Manager, only a temporary rental license may be issued. c. A property owner or manager who has completed the program since 2000, according to the City's records, or who can provide other proof of completion, will be exempted from this requirement. d. Licensed real estate professionals are exempted from the program attend- ance requirement. e. The City Manager may waive the program requirement upon the submission of a written request by a property owner, manager, or licensed real estate pro- fessional and after finding that: (1) The property is properly licensed by the City of Dubuque; (2) The property has no history of priority category designation or any founded Code violations within the previous twelve (12) months; and (3) A waiver will not provide the property owner with an unfair advantage in a competitive real estate market. 4. Criminal Background Checks: a. The property owner, manager, or licensed real estate professional agrees to conduct criminal background checks for all prospective tenants whose tenancy commences on or after July 1, 2011. A background check may be perfo rmed using the City's free background check service or by another background check service approved by the City Manager. The background checks must be com- pleted before the prospective tenant's tenancy begins. b. The City Manager may waive the criminal back ground check requirement upon the submission of a written request by a property owner, manager, or li- censed real estate professional and after a finding that: (1) The property is properly licensed by the City of Dubuque; (2) The property has no history of priority category designation or any founded Code violations within the previous twelve (12) months; and (3) A waiver will not create a danger to nearby residents. 5. Rental Property Inspections. a. The property, owner, manager, or licensed real estate professional shall make a rental property available for inspection by the City of Dubuque and shall comply with the Iowa Code requirements for tenant notification. The City Manager 18 shall develop a written Rental Housing Tiered Inspection Program which shall govern the cycle, frequency, recordkeeping, and conditions of rental inspections. J. Suspension And Revocation Of Rental License: 1. Causes: The City Manager may, for good cause, suspend or revoke a rental license for a rental unit, and in the case of a multi-family dwelling, suspend the li- cense as to one or more rental units for a period not to exceed one year for any of the following: a. Conviction, judgment, plea of guilty, or finding of guilt of the licensee for violation of any provision of the Property Maintenance Code; b. Misrepresentation by the licensee of any material fact in the application for a rental license; c. Refusal by the licensee to permit inspection of the licensed rental unit(s) by authorized City personnel; d. Nonpayment of the fee for renewal of the rental license; e. Failure to attend the Successful Rental Property Management Class; or f. Failure to perform a required criminal background check on an applicant for tenancy after July 1, 2011; g. Failure of a priority category to comply with an inspection schedule or pay inspection fees. Tenants will be relocated from the rental unit at the priority cate- gory's expense. 2. Opportunity To Appeal: Prior to any suspension or revocation under this sub- section, the City Manager must give notice in writing to the property owner, man- ager, or licensed real estate professional and provide for an opportunity to appeal. 3. Period Of Revocation Or Suspension: During the period of revocation or sus- pension, a unit for which the rental license was suspended or revoked may not be relicensed. 4. Notice To Licensee: The City Manager shall cause to be issued to the licensee a notice that the license is suspended or revoked, setting forth the reason(s) there- for. The notice shall be sent by certified United States mail to the licensee at the address on file with the City Manager. 5. Appeal: The licensee may appeal the decision of the City Manager to the Hous- ing Board of Appeals. An appeal must be filed, in writing, within twenty (20) days from the date of the notice of suspension or revocation. 6. Notice To Tenant: Upon suspension or revocation the City Manager must give written notice of the suspension or revocation of the license to each tenant, requiring the tenant to vacate the premises within a time frame determined by the City Man- ager. Any tenant who fails to vacate the premises after such time shall be subject to penalties under title 1, chapter 4 of this Code. 7. Relocation of Tenants: If suspension or revocation of a rental license is the responsibility of the property owner, manager, or licensed real estate professional, as determined by the City Manager, then any displaced tenants shall be relocated at the property owner, manager, or licensed real estate professional’s expense and the City Manager is authorized to assess the rental property for any costs incurred by the City. K. Relationship Of Rental License To Other Codes: The issuance of a rental license for a rental unit does not in any way signify or imply the rental unit conforms with Iowa 19 law or this code, nor does the issuance of a license relieve the property owner, man- ager, or licensed real estate professional of the responsibility for compliance with ap- plicable Iowa law and this code. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 2nd day of July, 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of July, 2018. /s/Kevin S. Firnstahl, City Clerk RESOLUTION NO. 202-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ADOPTING THE RENTAL HOUSING TIERED INSPECTION PROGRAM Whereas, Iowa Code §364.17 requires the City of Dubuque to have a program for regular rental inspections, rental inspections upon receipt of complaints, and certification of inspected rental housing; and Whereas, the City requires rental property licensing and inspections; and Whereas, the City is committed through its rental property inspection program to im- prove the quality of residential rental structures in the interest of the health and safety of city residents; and Whereas, the consolidated plan indicates extremely low-income populations experi- ence more housing problems than the population as a whole and those renting experi- ence more problems than those who own a home; and Whereas, generating policies to overcome such inadequacy is an urgent community need that should be given high priority; and Whereas, to address the deficiencies and living conditions the City must adjust its in- spection cycle to focus resources where they are needed most; and Whereas, there are rental properties within the community which need more attention than others due to a multitude of factors, including, but not limited to, age, condition, and maintenance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City Council approves the Rental Housing Tiered Inspection Program. 2. The City Manager is directed to implement the Rental Housing Tiered Inspection Program effective immediately. 3. The City Council grants the authority to the City Manager or the City Manager’s designee to make adjustments to the Rental Housing Tiered Inspection Program as necessary for full and effective implementation. Passed, approved and adopted this 2nd day of July, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Code of Ordinances Amendment - Title 10 Park and Recreation Advisory Commis- sion: City Manager recommending approval of an ordinance which adds a new Section 10-5A-2 which establishes the Park and Recreation Advisory Commission and provides for the powers, operation, membership and meetings. Motion by Jones to receive and file 20 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 Larson. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 22-18 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article A Administration by repealing Section 10 -5A-2 Park and Recrea- tion Advisory Commission and adopting a new section 10-5A-2 Park and Recreation Ad- visory Commission in lieu thereof Establishing the Park and Recreation Advisory Com- mission and providing for the Powers, Operation, Membership, and Meetings. Seconded by Shaw. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 22-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE A ADMIN- ISTRATION BY REPEALING SECTION 10-5A-2 PARK AND RECREATION ADVI- SORY COMMISSION AND ADOPTING A NEW SECTION 10 -5A-2 PARK AND REC- REATION ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE PARK AND RECREATION ADVISORY COMMISSION AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-5A-2 of the City of Dubuque Code of Ordinances is hereby re- pealed and the following adopted in lieu thereof: 10-5A-2: PARK AND RECREATION ADVISORY COMMISSION: A. Commission Created: There is hereby created the Park and Recreation Advisory Commission. B. Purpose: The purpose of the commission is to advise on the general beautification and maintenance of the city, parks, trails and open spaces and facilities, advise and rec- ommend the provision of facilities for active and passive parks and recreation and advise and recommend year-round opportunities for organized, inclusive recreation activities for all residents. C. Internal Organization and Rules: The commission may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. D. Procedures for Operation: All administrative, personnel, accounting, bud getary, and procurement policies of the city govern the commission in all its operations. E. Membership: 1. The commission comprises seven (7) residents of the city, appointed by the city council. 2. Residents must be eighteen (18) years of age or older. F. Oath: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the appoint- ment or reappointment or at the city clerk’s office any time prior to the first meeting of the commission. 21 G. Terms: The term of office for commissioners is three (3) years or until such com- missioner’s successor is appointed and qualified. H. Vacancies: Vacancies must be filled in the same manner as original appoint- ments. I. Officers/Organization: The commissioners must choose annually a chairperson and vice-chairperson, each to serve a term of one (1) year. The chairperson must ap- point a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer’s unexpired term. J. Meetings: 1. Regular Meetings: The commission must meet not less than bi-monthly. 2. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. 3. Open Meetings: All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance: a. In the event a commissioner has been absent for three (3) or more consec- utive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city coun- cil that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes: A copy of the minutes of all regular and special meetings of the com- mission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. 6. Quorum: Four (4) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. K. Compensation: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official commission business within the limits established in the city administrative policies and budget. L. Removal: Except as provided in 10-5A-2(J)(4)(a), the city council may remove any commissioner for good cause. M. Powers: The commission has the following powers, duties, and responsibilities: 1. Provide the city council with recommendations that further the general and specific purposes of the commission. 2. Recommend the annual operating budgets and ongoing capital improve- ments budgets. 3. Recommend establishment of or changes to fees, user fees, or rental fees. 4. Recommend issuance of permits, rental or special use agreements for pub- lic use of all park and recreation facilities for activities outside of the Special Events permit process. 5. Recommend development of community partnerships, agreement, leases and/or plans specific to the Department. 6. Recommend the establishment of policies, rules and regulations or ordi- nance changes governing the use of all grounds and facilities that have been or may be set aside as public parks, trails, open spaces, playgrounds, and other 22 such park and recreation facilities. Such recommendations include but are not limited to opening and closing hours for the use of all park and recreation facilities by the general public. 7. Recommend the establishment of general rules and regulations for all park and recreational programs provided by the city, including fees for league partici- pation, facility usage and rentals by the public. 8. Recommend agreements, leases and other methods to cooperate with the Dubuque Community School District, Holy Family school system, non -profits and other groups interested in the promotion and implementation of recreational ac- tivities which are in the best interest of the city. 9. Recommend conceptual and/or final park and recreational area related de- velopment plans. N. Solicitation and Acceptance of Donations: The commission may solicit donations and gifts of money, personal and real property, and personal services. All such dona- tions and gifts will become the property of the city for the general support of park and recreation programs unless such items have been designated by the donors for spe- cific purposes. Section 2. Nothing herein affects the term of any person serving as a member of the commission as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted this 2nd day of July, 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of July, 2018. /s/Kevin S. Firnstahl, City Clerk 6. Code of Ordinances Amendment - Title 10 Open Season and Hours for Certain City Recreational Spaces: City Manager recommending adoption of an ordinance which pro- hibits camping in all parks, parkways, trails, and open spaces, except Miller -Riverview Park, unless approved by the City Manager or through a special events permit. Motion by Larson to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Larson for final consideration and passage of Ordinance No. 23-18 Amend- ing City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10-5B-22 Open Season and Hours Generally. Seconded by Resnick. Motion carried 6-1 with Larson voting nay. 23 OFFICIAL PUBLICATION ORDINANCE 23-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGU- LATIONS, SECTION 10-5B-22 OPEN SEASON AND HOURS GENERALLY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-5B-22 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-22: OPEN SEASON AND HOURS GENERALLY: A. No person shall enter or remain in any park, parkway, trail, open space, or park and recreation facility other than during the season and hours designated in this sec- tion. B. For the purposes of this section, the regular park season shall mean from the first Saturday in May through the fourth Sunday of October. The pet park shall be open year-round. C. Eagle Point Park and Louis Murphy Park shall be open for use by the public fr om seven o'clock (7:00) a.m. to ten o'clock (10:00) p.m. Sunday through Thursday, and from seven o'clock (7:00) a.m. to eleven o'clock (11:00) p.m. Friday and Saturday dur- ing the regular park season. D. Marshall Park and the public use area of Franklin Delano Roosevelt Park shall be open to the general public from seven o'clock (7:00) a.m. to sunset daily during the regular park season. E. Gerald "Red" McAleece Park and Recreation Complex and Veterans Memorial Park shall be open for use by the public from seven o'clock (7:00) a.m. to twelve o'clock (12:00) midnight daily. F. Bunker Hill Golf Course shall be open for use by the public from seven o'clock (7:00) a.m. to eleven o'clock (11:00) p.m. daily, March through November. G. Flora Park Swimming Pool and Nicholas J. Sutton Swimming Pool shall be open for use by the public from six o'clock (6:00) a.m. to ten o'clock (10:00) p.m. daily, June through August. H. The following parks, parkways, trails, open spaces, and park and recreation fa- cilities will be open for use by the public from seven o'clock (7:00) a.m. to ten o'clock (10:00) p.m. daily, unless alternate/extended times/hours have been approved through a special event permit or conditions of a City rental reservation: A.Y. McDonald Park Allison-Henderson Park Avon Park Burden Park Caledonia Park Cancer Survivor Park Center Grove open space Cleveland Park Comiskey Park Eagle Valley Park 24 Elmwood Green Park Falk Park Flat Iron Park Flora Park Gay Park Grant Park Harvest View Park Hillcrest Park Hilltop Park Ice Harbor Park Jackson Park Jefferson Park John G. Bergfeld Recreation Area Madison Park Marna Ridge Children's Forest Medical Associates Greenbelt Oakwood Park Pet Park Pinard Park Port of Dubuque Marina Pyatigorsk Park Riley Park Rocco Buda Jr. Park Southern Park Teddy Bear Park Trolley Line Trail Usha Park Valentine Park Valley High Park Waller-Cooper Park Washington Park Welu Park Westbrook Park I. Miller-Riverview Park shall be open for use by the public from seven o'clock (7:00) a.m. until ten o'clock (10:00) p.m. daily, and only registered campers shall be permitted in the area at all other hours. J. The City Manager or authorized representative shall have the authority to close any or all parks, parkways, trails, open spaces, park and recreation facilities, park road- ways and park parking lots before scheduled closing hours at times it is deemed nec- essary in the interest and safety of the public. K. The following parks shall be open for use by the public twenty-four (24) hours per day: Alliant Energy Amphitheater American Trust River's Edge Plaza Bee Branch Creek Greenway Granger Creek Nature Trail 25 Heritage Trail Jaycee Trail Northwest Arterial Trail Port of Dubuque Riverwalk Trail Powerline Trail Southern Levy Trail L. Camping. Camping is authorized in Miller-Riverview Park in accordance with city policies and procedures. Camping is prohibited in all other parks, parkways, trails, and open spaces unless approved, in writing by the City Manager or through a special events permit issued under Title 10, Chapter 4 of this code. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 2nd day of July, 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of July, 2018. /s/Kevin S. Firnstahl, City Clerk 7. Code of Ordinances Amendment - Title 1 Mayor Pro Tem: City Manager recom- mending adoption of an ordinance amendment that provides for the prior appointment of a presiding officer in the event the Mayor and Mayor Pro Tem are absent or participating by telephone and cannot preside over a City Council meeting. Motion by Resnick to re- ceive and file the documents and that the requirement that a proposed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion car ried 7-0. Motion by Resnick for final consideration and passage of Ordinance No. 24-18 Amend- ing City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Section 1-6-3 Mayor Pro Tem. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 24-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRA- TION, CHAPTER 6 MAYOR AND CITY COUNCIL, SECTION 1-6-3 MAYOR PRO TEM NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 1-6-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 1-6-3: MAYOR PRO TEM: A. Term of Mayor Pro Tem: The term of Mayor Pro Tem shall be eight (8) months. B. Designation of Mayor Pro Tem: Council members shall serve as Mayor Pro Tem in the following order: 1) at large Council member elected to two (2) year term; 2) ward two Council member; 3) ward four Council member. Thereafter, Council members shall serve as Mayor Pro Tem in the following order: 1. At large Council member with two (2) years of term remaining; 2. Ward one Council member; 3. Ward three Council member; 4. At large Council member with two (2) years of term remaining; 26 5. Ward two Council member; 6. Ward four Council member. C. Vacancy: In the event of a vacancy in the office of a Council member while such Council member is serving as Mayor Pro Tem, the person appointed or elected to fill such vacancy shall serve the remainder of the term of Mayor Pro Tem. D. Absence of Mayor and Mayor Pro Tem: When the Mayor and the Mayor Pro Tem are absent or unable to act, the Council members in the following order of succession shall perform the Mayor's duties: 1. Council member at large who has served the longer consecutive term in office; then Council member at large who has served the shorter consecutive term in office; in the event their terms are the same, then in alphabetical order. 2. Ward Council member who has served the longest consecutive term in office; then ward Council member who has served the next longest consecutive term in office, and so on; in the event that the consecutive terms of Council members in such order are the same, then in alphabetical order. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 2nd day of July, 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of July, 2018. /s/Kevin S. Firnstahl, City Clerk 8. Biogas Conversion Project Video: The Cable TV Division showed a video on the Biogas Conversion Project and media conference recently held at the Water & Resource Recovery Center. Motion by Jones to receive and file the information. Seconded by Shaw. Motion carried 7-0. 9. SW Arterial Construction Update Video: The Cable TV Division showed a video of the recent progress of the Southwest Arterial Project (June 2018). Motion by Resnick to receive and file the information. Seconded by Shaw. Motion carried 7 -0. CLOSED SESSION Motion by Jones at 9:03 p.m.to convene in closed session to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Resnick. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Motion carried 7-0. Upon motion the City Council reconvened in open session at 9:36 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:37 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk