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11 5 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 6:00 p.m. on November 5, 2018, in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Jones, Larson, Resnick, Rios (joined at 5:47 p.m.), Shaw; City Manager Van Milligen, City Attorney Brumwell Absent: Council Member Del Toro 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 Travel Dubuque Quarterly Work Session. WORK SESSION Travel Dubuque Keith Rahe, Travel Dubuque President and CEO provided a presentation on the recent activities of Travel Dubuque / Convention and Visitors Bureau. Topics included: • Economic Impact of travel on Iowa counties 2007-2017 • Marketing: Digital efforts, virtual reality hits, event support • Social media: social success, viral content, high engagement, content focus • Conference highlights • Sales: USS LST 325 notables • Sports and events • Inclusive tourism: vision and examples • Sister Cities delegation highlights 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 November 5, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Jones, Larson, Resnick, Rios, Shaw; City Man- ager Van Milligen, City Attorney Brumwell Absent: Council Member Del Toro 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 PRESENTATION(S) 1. International City/County Manager's Association (ICMA) Fellowship Exchange Pro- gram: Assistant City Manager Cori Burbach introduced the October 2018 ICMA Fellow- ship Exchange Program Members Ms. Huey Yee Yoong from Malaysia, and Ms. Le Thanh Nga from Vietnam. Each fellow spoke of their learning experiences and provided brief biographies. 2. Environmental Planning Award for Upper Bee Branch Creek Restoration Project: Planning Services Manager Laura Carstens presented the 2018 Environmental Planning Award from the American Planning Association for the Upper Bee Branch Creek Resto- ration Project. PROCLAMATION(S) 1. Veterans Day (November 11, 2018) was accepted by Ret. General Bob Felderman, American Legion, Post 6, 1306 Delhi Street. 2. Bells of Peace Day (November 11, 2018); A World War I Centennial Armistice Re- membrance was accepted by Ret. General Bob Felderman, American Legion, Post 6, 1306 Delhi Street. 3. Philanthropy Day (November 15, 2018) was accepted by Shirley Brown, Associate Director of Development of the Sisters of Charity, BVM, 1100 Carmel Drive. 4. Pancreatic Cancer Day (November 15, 2018) was accepted by Diane M. (Oglesby) Rambousek, President of the Michael W. Oglesby Foundation, P.O. Box 777, Dubuque. 5. Hospice Month (November 2018) was accepted by Hospice Executive Director, La- vonne Noel, 2255 JFK Road. 6. Jeff Lenhart Proclamation was accepted by Jeff Lenhart, 1592 Locust Street. 3 CONSENT ITEMS The City Clerk stated for the record that the City Manager requested that Item No. 30 be removed from the agenda. Council Member Larson requested that Item No. 10 be held for separate discussion. Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated except for Item Nos. 10 and 30. Seconded by Shaw. Council Member Motion carried 6-0. 1. Minutes and Reports Submitted: City Council Proceedings of 10/15; Catfish Creek Watershed Management Authority of 10/22; Community Development Advisory Commis- sion of 8/28; Historic Preservation Commission of 10/18; Housing Commission Minutes of 8/28; Investment Oversight Advisory Commission of 10/24; Library Boa rd of Trustees of 9/26; Library Board of Trustees Council Update #176 of 10/25; Long Range Planning Advisory Commission of 10/17; Zoning Board of Adjustment of 10/25; Proof of Publication for City Council Proceedings of 10/1; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 9/20. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Claudette Coleman for vehicle damage, Eagle Window & Door for property damage, Lori Lewis for vehicle damage, and Sa ndra Wolbers for personal injury. 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: Claudette Coleman for vehicle damage, Eagle Window & Door for property damage, Lindsay Lannen for property damage, Lori Lewis for vehicle damage, Sandra Wolbers for personal injury. Upon motion the documents were received, filed, and con- curred. 4. Approval of City Expenditures: City Manager recommending City Council approval for payment of City expenditures. Upon motion the documents were received, filed and approved. 5. Government Finance Officers Association Distinguished Public Presentation Award: Correspondence from the Government Finance Officers Association recognizing the City of Dubuque and Budget Director Jennifer Larson with the Distinguished Budget Presen- tation Award for Fiscal Year 2019. Upon motion the documents were received and filed. 6. Quarterly Investment Report - September 30, 2018: City Manager submitting the quarterly investment report as of September 30, 2018. Upon motion the documents were received and filed. 7. Updated Dubuque Dollars & Cents Brochure: City Manager providing a copy of the City of Dubuque Dollars & Cents public information brochure. Upon motion the documents were received and filed. 4 8. Updated City of Dubuque Debt Reduction Plan: City Manager providing the Debt Reduction Plan public information brochure. Upon motion the documents were received and filed. 9. Iowa Energy Office - Biomass Innovation: City Manager transmitting an excerpt from the Iowa Energy Office's Energy Plan recognizing the City of Dubuque's Biomass Inno- vation at the Water & Resource Recover Center. Upon motion the documents were re- ceived and filed. 10. Dubuque Dream Center 2017-2018 Annual Report: City Manager providing a copy of the 2017-2018 Annual Report for the Dream Center. Motion by Larson to receive and file the documents. Seconded by Resnick. Ms. Larson recognized the great work of the Center, thanked its staff and highlighted the giving opportunity to help the Center reach its funding goal. Motion carried 6-0. 11. Contracted Services Agreement Amendment with Travel Dubuque / Convention and Visitors Bureau for Sister City Activities: City Manager recommending approval of an amendment to the Contracted Services Agreement with Travel Dubuque / Convention and Visitors Bureau adding Sister City activities to Travel Dubuque. Upon motion the documents were received and filed, and Resolution No. 319-18 Approving an Amended Agreement between the City of Dubuque, Iowa and Dubuque Area Convention and Visi- tors Bureau was adopted. RESOLUTION NO. 319-18 APPROVING AN AMENDED AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE AREA CONVENTION AND VISITORS BUREAU Whereas, Travel Dubuque / Dubuque Area Convention and Visitors Bureau approved assuming the responsibilities of the Sister City program through the attached Amended Contracted Services Agreement for Fiscal Year 2018 and Resolution No. 401 -17 on De- cember 18, 2018; and Whereas, Travel Dubuque has approved the attached Agreement between the City of Dubuque and Travel Dubuque/Dubuque Area Convention and Visitors Bureau for Fiscal Year 2019; and Whereas, the Sister City language was unintentionally omitted from the Fiscal Year 2019 Contacted Services Agreement for Fiscal Year 2019. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Amended Agreement between the City of Dubuque, Iowa and Travel Dubuque / Dubuque Area Convention and Visitors Bureau for Fiscal Year 2019 is hereby approved. Passed, approved, and adopted the 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5 12. Parking Lot Request – 461 W. 8th Street – Woodward Communications, Inc.: City Manager recommending approval for construction of a parking lot at 461 W. 8 th Street as requested by Woodward Communications and subject to City Council approval. Upon motion the documents were received, filed and approved. 13. Authorizing Resolutions for New Director of Transportation Services: City Manager recommending approval of Authorizing Resolutions to be submitted to the Iowa Depart- ment of Transportation and the Federal Transit Administration to allow the new Director of Transportation Services to apply for funds and complete required reporting related to Federal and State grants and allocations. Upon motion the documents were received and filed, and Resolution No. 320-18 Authorizing the Director of Transportation Services to file applications with the Federal Transit Administration, an Operating Administration of the United States Department of Transportation, for Federal Transportation Assistance Authorized by 49 U.S.C. Chapter 53 Title 23 United States Code and other Federal stat- utes administered by the Federal Transit Administration; and Resolution No. 321-18 Au- thorizing the Director of Transportation Services file applications with the Iowa Depart- ment of Transportation - Office of Public Transit were adopted. RESOLUTION NO. 320-18 AUTHORIZING THE DIRECTOR OF TRANSPORTATION SERVICES FILE APPLICA- TIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMIN- ISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53 TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUTES ADMINIS- TERED BY THE FEDERAL TRANSIT ADMINISTRATION Whereas, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project; and Whereas, the grant or cooperative agreement for Federal Financial assistance will im- pose certain obligations upon the Applicant, and may require the Applicant to provide the local share of the project cost; and Whereas, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; and Whereas, the Mayor may authorize a designee to execute and file applications to the Federal Transit Administration on behalf of the City of Dubuque; and Whereas, Renee Tyler has been appointed as the new Director of Transportation Ser- vices, effective November 5, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Mayor of the City of Dubuque has authorized Renee Tyler, Director of Transportation Services, to serve as designee to execute and file application for Federal assistance on behalf of the City of Dubuque d.b.a. The Jule Transit with the Federal Transit Administration for Federal Assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. 6 Section 2. The Mayor of the City of Dubuque or his/her designee (i.e. Director of Trans- portation Services) is authorized to execute and file with its application the annual certifi- cation and assurances and other documents the Federal Transportation Administration requires before awarding a Federal grant or cooperative agreement. Section 3. The Mayor of the City of Dubuque or his/her designee (i.e. Director of Trans- portation Services) is hereby authorized and directed to execute said grant and coopera- tive agreements with the Federal Transit Administration on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest his signature. Passed, approved and adopted this 5th day of November 2018. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 321-18 AUTHORIZING THE DIRECTOR OF TRANSPORTATION SERVICES FILE APPLICA- TIONS WITH THE IOWA DEPARTMENT OF TRANSPORTATION – OFFICE OF PUB- LIC TRANSIT Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens of Dubuque; and Whereas, the Iowa Department of Transportation (IDOT) is a pass-through funding entity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and Whereas, the City Council finds that the applying for the funds to be beneficial to the continued provision of transit service for the citizens of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Renee Tyler, Director of Transportation Services, is authorized to on behalf of the City Council, to apply for financial assistance and to enter into related con- tract(s) with the Iowa Department of Transportation. Passed, adopted, and approved this 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. John F. Kennedy Concrete Panel Replacement Project Acceptance : City Manager recommending acceptance of the public improvement construction contract for the John F. Kennedy Concrete Panel Replacement Project as completed by Drew Cook & Sons Excavating Co., Inc. Upon motion the documents were received and filed, and Resolution No. 322-18 Accepting the John F. Kennedy Road Concrete Panel Replacement Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 322-18 ACCEPTING THE JOHN F. KENNEDY CONCRETE PANEL REPLACEMENT PRO- JECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the public improvement contract for the John F. Kennedy Concrete Panel Replacement Project (the Project) has been completed by Drew Cook & Sons Excavating, 7 Co., Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $61,420.39; and Whereas, the Contractor has previously been paid $58,349.37 leaving a balance of $3,071.02; 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 $3,071.02 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 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE JOHN F. KEN- NEDY CONCRETE PANEL REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, her eby certifies that he has inspected the John F. Kennedy Concrete Panel Replacement 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 $64,491.41. Dated this 30th day of October 2018. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 30th day of October 2018. /s/Kevin S. Firnstahl, City Clerk 15. Prairie Farms Dairy, Inc. - Financial Assistance Application: City Manager recom- mending approval of a State of Iowa Business Financial Assistance Application for Prairie Farms Dairy, Inc. Upon motion the documents were received and filed, and Resolution No. 323-18 Authorizing the filing of an application for State Business Financ ial Assistance on behalf of Prairie Farms Dairy, Inc. was adopted. RESOLUTION NO. 323-18 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINAN- CIAL ASSISTANCE ON BEHALF OF PRAIRIE FARMS DAIRY, INC. Whereas, Prairie Farms Dairy, Inc. has proposed making an Eight Million Dollar ($8,000,000.00) investment for improvements of a production facility in the City of Dubu- que, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed project will contribute to the local economy through the creation of ten (10) full-time jobs in the City which qualify for the Iowa Economic De- velopment Authority Business Financial Assistance Program; a nd 8 Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and document associated terms for Prairie Farms Dairy, Inc.’s proposed improvements at its Central Avenue facility in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an Application for participation in the Iowa Economic De- velopment Authority’s Financial Assistance Program on behalf of Prairie Farms Dairy, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute, and the City Manager is hereby directed to submit, the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Approval of Easement Agreement for Water Main and Fiber Optics for the Tama- rack Water Main Extension Project: City Manager recommending approval of an Ease- ment Agreement for Water Main and Fiber Optics Utility across William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy Revocable Trust property as part of the Tamarack Park Water Main Extension Project 2018. Upon motion the docu- ments were received and filed, and Resolution No. 324-18 Approving the Acquisition of Easements upon real estate owned by William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy Revocable Trust dated December 15, 2016, in Dubuque County, Iowa was adopted. RESOLUTION NO. 324-18 APPROVING THE ACQUISITION OF EASEMENTS UPON REAL ESTATE OWNED BY WILLIAM C. AND KAY J. TRACY AND WILLIAM D. TRACY, TRUSTEE OF THE WIL- LIAM D. TRACY REVOCABLE TRUST DATED DECEMBER 15, 2016, IN DUBUQUE COUNTY, IOWA Whereas, William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy Revocable Trust dated December 15, 2016, are the owners of the real property (the Property) legally described as follows: Lot 2 Of Lot 2 In the Southeast Quarter (SE ¼) Of Section 14, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa ; and Whereas, the City Manager has tentatively agreed to purchase certain easements on the Property (the Easements) for the Tamarack Park Water Main Extension Project 2018 from William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy Revocable Trust dated December 15, 2016 subject to the approval of an Easement Agreement between City and William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy Revocable T rust dated December 15, 2016 by the City Council, such Easements being shown on the attached Easement Agreement; and 9 Whereas, the City Council has determined that it would be in the best interests of the City to approve the purchase of the Easements from William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy Revocable Trust dated December 15, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Easement Agreement attached hereto. Section 2. The Mayor is hereby authorized to execute the Easement Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Sustainable Dubuque Community Grant Award Recommendations : City Manager recommending approval of the Resilient Community Advisory Commission recommenda- tions for four projects to be funded from the Sustainable Dubuque Community Grant Pro- gram. Upon motion the documents were received, filed and approved. 18. Community Development Advisory Commission Representative Correspondence from the Housing Commission requesting approval for Commissioner Janice Craddieth be appointed as the Commission's representative on the Housing Com- mission. Upon motion the documents were received, filed and approved. 19. Housing Trust Fund Committee Representation : Correspondence from the Hous- ing Commission requesting approval for Commissioner Amy Eudaley to be appointed as the Commission's representative on the Housing Trust Fund Committee. Upon motion the documents were received, filed and approved. 20. Pre-Annexation Agreement - 2600 Rockdale Road: City Manager recommending approval of a Pre-Annexation Agreement with American Trust and Savings Bank, prop- erty owner, for property located at 2600 Rockdale Road in Dubuque County, in conjunc- tion with their request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 325-18 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and American Trust and Savings Bank was adopted. RESOLUTION NO. 325-18 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND AMERICAN TRUST AND SAVINGS BANK Whereas, American Trust and Savings Bank, the owners of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 2-1-1-1-1-1-3 and Lot 2-1-1-1-1-3 Annie Waller Sub #2, Section 1, Table Mound Township (T88N, R2E), Dubuque County, Iowa; and 10 Whereas, American Trust and Savings Bank has entered into a Pre-annexation Agree- ment with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in th e public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between American Trust and Sav- ings Bank and the City of Dubuque is hereby approved. Passed, approved, and adopted this 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. ECIA Memorandum of Agreement: City Manager recommending approval of a Memorandum of Agreement and resolution to establish the ECIA Brownfields Coalition to help assist with Brownfields clean-up throughout the region. Upon motion the documents were received and filed, and Resolution No. 326-18 Resolution to approve the City of Dubuque signing the Brownfields Coalition Memorandum of Agreement was adopted. RESOLUTION NO. 326-18 RESOLUTION TO APPROVE THE CITY OF DUBUQUE SIGNING THE BROWN- FILEDS COALITION MEMORANDUM OF AGREEMENT Whereas, the East Central Intergovernmental Association has been awarded a U.S. EPA Brownfields Coalition Revolving Loan Fund Grant; and Whereas, the U.S. EPA Brownfields Coalition Revolving Loan Fund requires the es- tablishment of a Brownfields Coalition; and Whereas, the U.S. EPA Brownfields Coalition Revolving Loan Fund states that funds can only assist Coalition Members. THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA authorizes the Mayor to sign the Brownfield Coalition Memorandum of Agreement and enter into the Brownfield Coalition. Passed, approved, and adopted this 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 22. Q Casino Request for Expenditure from Depreciation and Improvement Fund: Dubuque Racing Association President and CEO Jesús Avilés requests City Council ap- proval to expend money from the Depreciation and Impr ovement Fund to repair the 11 grease trap system at the Q Casino. Upon motion the documents were received, filed and approved. 23. Withdrawal of Rezoning Request for 3172 W. 32nd Street: City Manager notifying the City Council that A&A Horsfall Properties LLC is withdrawing its rezoning request for 3172 W. 32nd Street. Upon motion the documents were received and filed. 24. Downtown Commercial Building Exterior Evaluation and Assessment Project: City Manager recommending approval of the selection of Martin Gardner Architecture as the consultant to undertake the Downtown Commercial Building Evaluation and Assessment project and that Building Services Manager Dave Johnson be authorized to negotiate a contract with Martin Gardner Architecture. Upon motion the documents were received, filed and approved. 25. Iowa Great Places Funding Application: City Manager recommending approval of two funding requests to the Iowa Great Places grant program for the Four Mounds Eco- logical Restoration & Public Access Improvements Project and the Mathias Ham House Campus Restoration Project. Upon motion the documents were received, filed and ap- proved. 26. Funding Agreement Landfill Access Road: City Manager recommending approval and authorization for the Mayor to execute a Preconstruction Funding Agreement with the Iowa Department of Transportation for the new Landfill Access Frontage Road to be con- structed by the Iowa Department of Transportation as part of the US20 / Swiss Valley Road Interchange Project. Upon motion the documents were received and filed, and Res- olution No. 327-18 Approving the Preconstruction Funding Agreement (Agreement No. 2019-4-006) between the City of Dubuque and Iowa Department of Transportation for the Landfill Access Frontage Road to be constructed as part of the US20 / Swiss Valley In- terchange Project RESOLUTION NO. 327-18 RESOLUTION APPROVING THE PRECONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2019-4-006) BETWEEN THE CITY OF DUBUQUE AND IOWA DE- PARTMENT OF TRANSPORTATION FOR THE LANDFILL AC CESS FRONTAGE ROAD TO BE CONSTRUCTED AS PART OF THE US20 / SWISS VALLEY INTER- CHANGE PROJECT Whereas, the Iowa Department of Transportation (Iowa DOT) is developing a project to reconstruct US Highway 20, beginning at Cottingham Road and ending at Seippel Road, and constructing a new system interchange at the intersection of US Highway 20 and Swiss Valley Road; and Whereas, part of the US Highway 20 safety improvements will require Priority 1 access control be implemented along the corridor between the Old Highway intersection and the new Swiss Valley interchange, requiring all existing at -grade access locations be elimi- nated; and 12 Whereas, the existing landfill access to US20 will be removed and a new Landfill Ac- cess Frontage Road will be constructed which will connect directly to Seippel Road, near the Southwest Arterial interchange; and Whereas, the Iowa DOT is the lead agency for the development and construction of the project and the Landfill Access Frontage Road; and Whereas, once completed, the Landfill Access Frontage Road will become the juris- diction of the City as a local public street; and Whereas, in accordance with the provisions of Iowa Administrative Code, and per the terms and conditions of the Preconstruction Agreement, the City will be responsi ble to pay the cost differential from 24 to 37-feet road width with curb and gutter (additional 13- feet width), plus any additional infrastructure costs related to storm sewer, future street lighting, future fiber conduit, and future water main extensions; and Whereas, the projected City funded cost share for the Landfill Access Frontage Road project is summarized as follows: Bid Award Roadway Pavement (additional 13-feet width) - $ 542,337.77 Storm Sewer - 201,514.75 Bridge Conduit - 19,200.00 Total Project Cost - City Share - $ 763,052.52; and Whereas, by signing the Preconstruction Funding Agreement (Agreement No. 2019 -4- 006), the City is committing to funding the City’s cost share portion and to allocate funding as part of the FY 2019 and FY 2020 adopted budget. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. That said Preconstruction Funding Agreement (Agreement No. 2019 -4-006) between the City of Dubuque and the Iowa Department of Transportation is hereby ap- proved. Section 2. That the Mayor is hereby authorized and directed to execute the Precon- struction Funding Agreement (Agreement No. 2019-4-006) for the new Landfill Access Frontage Road to be constructed by the Iowa DOT as part of the US20 / Swiss Valley Interchange Project. Passed, approved, and adopted the 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 27. Workers Compensation Claims Administrative Services Agreement Addendum : City Manager recommending approval of an Addendum extending the Agreement be- tween the City of Dubuque and Alternative Services Concepts for services related to the administration of the City Workers Compensation Program. Upon motion the documents were received, filed and approved. 13 28. Amendment to Master Co-location and Shared Services Agreement between ImOn Communications LLC and City of Dubuque : City Manager recommending approval of a Second Amendment to Master Co-Location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC. Upon motion the documents were received, filed and approved. 29. Code of Ordinances – Adoption of Supplement No. 30: City Clerk recommending adoption of Supplement No. 30 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed, and Resolution No. 328-18 Adopting Supplement No. 30 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 328-18 ADOPTING SUPPLEMENT NO. 30 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances; and Whereas, Code Supplements are prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Supplement No. 30 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 21-18, 22-18, 23-18, 24-18, 26-18, 27-18, 28-18, 30-18, 34-18, 35-18, 36-18 and 37-18 as adopted by City Council through September 2018, is hereby adopted, and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 30. Request for Support of Dubuque County Iowa Great Places Grant Application for Mathias Ham House: City Manager recommending commitment of funds in support of an Iowa Great Places grant application for work needed at the Mathias Ham House owned by the City and operated by the Dubuque County Historical Society. Upon motion this item was removed from the agenda. 31. Notice of Appeal from Thomas Coyle : Correspondence from Thomas Coyle ap- pealing denial of his claim against the City for vehicle damage from July 20, 2018. Upon motion the documents were received, filed, and refer to the City Attorney. 14 32. Signed Contract(s): 563 Design Administration Professional Agreement for reno- vation design and construction services related to the Multicultural Family Center Addition at 1101 Central Avenue. Upon motion the documents were received and filed. 33. 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. 329-18 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. 329-18 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 Aldi, Inc #30 2160 Holliday Dr. Class C Beer, Class B Wine (Sun- day) Barrel House Dubuque 299 Main St. Class C Liquor (Outdoor) (Sunday) Hy-Vee Gas #2 Dubuque 2435 NW Arterial Class C Beer, Class B Native Wine (Sunday) Kwik Stop #858 3340 J.F. Kennedy Rd. Class E Liquor, Class B Native Wine, Class B Beer (Sunday) Yen Ching Restaurant 926 Main St. Class C Liquor Passed, approved, and adopted this 5th day of November 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 Shaw. Motion carried 6-0. 15 1. Peru Road Urban Renewal Area - Resolution of Necessity: City Manager recom- mending approval of a Resolution of Necessity that finds that a proposed Amended and Restated Peru Road Urban Renewal Plan for the Peru Road Urban Renewal Area is both necessary and appropriate and sets a public hearing on the Plan for December 3, 2018. Upon motion the documents were received and file d and Resolution No. 330-18 Resolu- tion of Necessity finding that certain areas adjacent to the Peru Road Urban Renewal Area District meet the definition of an Economic Development Area under the Urban Re- newal Law, and that development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed Amended and Restated Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on December 3, 2018 in the Historic Federal Building. RESOLUTION NO. 330-18 RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE PERU ROAD URBAN RENEWAL AREA DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING DATES OF HEAR- ING AND CONSULTATION ON A PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Urban Renewal Plan for the Peru Road Urban Renewal Area (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the forego- ing Urban Renewal Plan; and Whereas, City staff has recommended that the District be expanded to add an adjacent area which meets the definition of an economic development area, as found in Chapter 403 of the Iowa Code, and that the proposed Amended and Restated Urban Renewal Plan (“Plan”) be updated to include such area and to update urban renewal project de- scriptions and make any other necessary revisions; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designat- ing such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the area referred to herein as Subarea B, as generally described in Exhibit “A” and Exhibit “B” to this Resolution and to be included in the Amend ed and Restated Urban Renewal Plan for the District, is an economic development area as de- fined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project. Section 2. That the development of the above-described Subarea is necessary and appropriate to facilitate the proper growth and development of the community in accord- ance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the District to accomplish the foregoing purposes 16 and objectives, to include in such Plan any appropriate project activities and details, to determine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed Plan. Section 4. That the City Council hold a public hearing on the adoption of the proposed Urban Renewal Plan for the Peru Road Urban Renewal Area on December 3, 2018 at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities planned for such areas, and said notice shall be published and available to the public not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Local Bridge Railing and Decorative Concrete Post Coloring Project for Southwest Arterial - North Cascade Road, English Mill Road, and Military Road : City Manager rec- ommending initiation of the public bidding procedure through the Iowa Department of Transportation for the Southwest Arterial -North Cascade Road, English Mill Road and Military Road – Local Bridge Railing and Decorative Concrete Post Coloring Project, and further recommends that a public hearing be set for November 19, 2018. Upon motion the documents were received and filed and Resolution No. 331-18 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on November 19, 2018 i n the Historic Federal Building. RESOLUTION NO. 331-18 SOUTHWEST ARTERIAL - NORTH CASCADE ROAD, ENGLISH MILL ROAD, AND MILITARY ROAD - LOCAL BRIDGE RAILING AND DECORATIVE CONCRETE POST COLORING PROJECT, IOWA DOT PROJECT NO. STP-U-2100 (693)--70-31 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and est imated cost for the South- west Arterial - North Cascade Road, English Mill Road, and Military Road - Local Bridge Railing and Decorative Concrete Post Coloring Project, Iowa DOT Project No. STP -U- 17 2100 (693)--70-31, in the estimated amount $689,000, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 19th day of November 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Passed, approved, and adopted this 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC HEARINGS 1. Alta Vista Urban Revitalization Area: City Manager recommending that the City Council reschedule the public hearing for the Alta Vista Revitalization Area Designation from November 5, 2018 to December 3, 2018. Motion by Shaw to receive and file the documents and adopt Resolution No. 332-18 Urban Revitalization Resolution of Finding that the Rehabilitation, Conservation, Redevelopment, Economic Development, or a com- bination thereof of Church of the Nativity Pl. in the City of Dubuque, Iowa is necessary in the interest of public health, safety, or welfare of the residents of the City . Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 332-18 URBAN REVITALIZATION RESOLUTION OF FINDING THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, ECONOMIC DEVELOPMENT, OR A COMBI- NATION THEREOF OF CHURCH OF THE NATIVITY PL IN THE CITY OF DUBUQUE, IOWA IS NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, OR WEL- FARE OF THE RESIDENTS OF THE CITY Whereas, as a preliminary step to exercising the authority to approve an area for “urban revitalization” conferred upon Iowa municipalities by Chapter 404 of the Code of Iowa, a municipality must adopt a resolution finding that the rehabilitation, conservation, redevel- opment, economic development, or a combination thereof of the area is necessary in the interest of public health, safety, or welfare of the residents of the City, and Whereas, Church of the Nativity Pl. in the City of Dubuque, Iowa, according to the recorded plat thereof (the Area) is the location of Church of the Nativity, and Whereas, Horizon Development Group, Inc (the Company) is proposing public im- provements related to housing and residential development on the property; and Whereas, the City Council finds that the Area is appropriate for public improvements related to housing and residential development and necessary in the interest of the wel- fare of the residents of the City, and the property substantially meets the criteria for Urban Revitalization according to Section 404.1 of the Code of Iowa, 2018. 18 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Church of the Nativity Pl. in the City of Dubuque, Iowa is appropriate as an area designated for public improvements related to housing and residential development as defined in Section 404.1 (5) of the Code of Iowa, 2018, and is hereby designated the Nativity Urban Revitalization Area. Section 2. The City Manager is hereby directed to prepare a proposed Urban Revitali- zation Plan for the Nativity Road Urban Revitalization Area in conformance Chapter 404 of the Iowa Code, 2018 for review and approval by the City Council. Section 3. The City Clerk is directed to publish notice of a public hearing on the adop- tion of an Urban Revitalization Plan for the Nativity Urban Revitalization Area to be held on December 3, 2018, at 6:00 p.m. in the Historic Federal Building in Dubuque, Iowa, 350 W. 6th Street, Dubuque, Iowa and that said notice shall generally identify the area covered by the Plan and the general scope of the Urban Revitalization Plan activities planned for such area Passed and approved this 5th day of December 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Radford Road Urban Revitalization Area: City Manager recommending that the City Council reschedule the public hearing for the Radford Road Urban Revitalization Area Designation from November 5, 2018 to December 3, 2018. Motion by Shaw to receive and file the documents and adopt Resolution No. 333-18 Urban Revitalization Resolution of Finding that the Rehabilitation, Conservation, Redevelopment, Economic Develop- ment, or a combination thereof of Lot 1 Wolff Place No 2 in the City of Dubuque, Iowa is necessary in the interest of public health, safety, or welfare of the residents of the City. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 333-18 URBAN REVITALIZATION RESOLUTION OF FINDING THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, ECONOMIC DEVELOPMENT, OR A COMBI- NATION THEREOF OF LOT 1 WOLFF PLACE NO 2 IN THE CITY OF DUBUQUE, IOWA IS NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, OR WEL- FARE OF THE RESIDENTS OF THE CITY Whereas, as a preliminary step to exercising the authority to approve an area for “urban revitalization” conferred upon Iowa municipa lities by Chapter 404 of the Code of Iowa, a municipality must adopt a resolution finding that the rehabilitation, conservation, redevel- opment, economic development, or a combination thereof of the area is necessary in the interest of public health, safety, or welfare of the residents of the City; and Whereas, Lot 1 Wolff Place No 2 in the City of Dubuque, Iowa, according to the rec- orded plat thereof (the Area) is the location of Spahn & Rose Lumber Co.; and Whereas, Landover Corporation (the Company) is proposing construction of residential development of multi-family housing on the property; and Whereas, the City Council finds that the Area is appropriate for public improvements related to housing and residential development and is necessary in the inter est of the 19 welfare of the residents of the City, and the property substantially meets the criteria for Urban Revitalization according to Section 404.1 of the Code of Iowa, 2018. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Lot 1 Wolff Place No 2 in the City of Dubuque, Iowa is appropriate as an area for public improvements related to housing and residential development as defined in Section 404.1 (5) of the Code of Iowa, 2018, and is hereby designated the Radford Road Urban Revitalization Area. Section 2. The City Manager is hereby directed to prepare a proposed Urban Revitali- zation Plan for the Radford Road Urban Revitalization Area in conformance Chapter 404 of the Iowa Code, 2018 for review and approval by the City Council. Section 3. The City Clerk is directed to publish notice of a public hearing on the adop- tion of an Urban Revitalization Plan for the Radford Urban Revitalization Area to be held on December 3, 2018, at 6:00 p.m. in the Historic Federal Build ing in Dubuque, Iowa, 350 W. 6th Street, Dubuque, Iowa and that said notice shall generally identify the area covered by the Plan and the general scope of the Urban Revitalization Plan activities planned for such area Passed and approved this 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Kerper Blvd. Sanitary Sewer Reconstruction Project: Proof of publication on notice of public hearing to consider approval plans, specifications, form of contract and esti- mated cost for the Kerper Boulevard Sanitary Sewer Reconstruction Project and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 334-18 Approval of plans, specifications, form of contract, and estimated cost for the Kerper Blvd. Sanitary Sewer Reconstruction. Seconded by Res- nick. Motion carried 6-0. RESOLUTION NO. 334-18 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE KERPER BLVD. SANITARY SEWER RECONSTRUCTION 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 Kerper Blvd. Sanitary Sewer Reconstruction, in the estimated amount $3,894,152.10, are hereby approved. Passed, adopted, and approved this the 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Maquoketa Valley Electric Cooperative Franchise Agreement: roof of publication on notice of public hearing to consider adoption of an ordinance Granting to Maquoketa Val- ley Electric Cooperative a Non-Exclusive Franchise for its Electric System, and Senior Counsel recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordina nce be considered and voted on for passage 20 at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6-0. Motion by Jones for final consideration and passage of the ordinance, as amended, Ordinance No. 42-18 Repealing Ordinance No. 20-04 and granting to Maquoketa Valley Electric Cooperative, its successors and assigns, the right and non-exclusive franchise to acquire, construct, erect, maintain and operate in the City of Dubuque, Iowa, an e lectric system and to furnish and sell electric energy to the City and its inhabitants and author- izing the City to collect franchise fees for a period of 25 years. Seconded by Resnick. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 42-18 REPEALING ORDINANCE NO. 20-04 AND GRANTING TO MAQUOKETA VALLEY ELECTRIC COOPERATIVE, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-EXCLUSIVE FRANCHISE TO ACQUIRE, CONSTRUCT, ERECT, MAINTAIN AND OPERATE IN THE CITY OF DUBUQUE, IOWA, AN ELECTRIC SYSTEM AND TO FURNISH AND SELL ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES FOR A PERIOD OF 25 YEARS BE IT ENACTED by the City Council of the City of Dubuque, Iowa: Section 1. Ordinance No. 20-04 (City Code Sections 11-5B-1 through 11-5B-24 both inclusive) and all amendments and supplements thereto shall upon the effective date of this Ordinance be repealed and replaced by this Ordinance. Upon the effective date of this Ordinance, all prior electric franchises granted to the Maquoketa Valley Electric Co- operative to furnish electric service to the City and its inhabitants are hereby repealed and all other ordinances or parts of ordinances in conflict herewith are also hereby re- pealed. Section 2. There is hereby granted to Maquoketa Valley Electric Cooperative (herein- after called "Company") and to its successors and assigns, the right and non - exclusive franchise to acquire, construct, reconstruct, replace, erect, maintain and operate in the City of Dubuque, Iowa (hereinafter called the "City") a system for the distribution of electric energy and telecommunications services through a fiber to the home network (“other ser- vices”) along, under, over and upon the streets, avenues, rights of way, alleys, public places or public grounds (excluding parks) to serve customers within the City. The City Council reserves to itself the right to extend this franchise to specific areas or corridors within parks at the request of the Company. The Company is granted the right to exercise of powers of eminent domain. This franchise shall be effective for a twenty-five (25) year period from and after the effective date of this Ordinance. Section 3. The Company shall have the right to erect all necessary poles and to place thereon and attach thereto the necessary wires, guys, anchors, fixtures and accessories as well as to excavate and bury conduits or conductors and related equipment and ap- purtenances for the distribution of electric energy or other services in and through the City, provided the same shall be placed in accord with this franchise and the City Code and regulations of the City of Dubuque, including City of Dubuque Code of Ordinances Title 11, Chapter 1, Nonfranchised Communications Systems in the Right-of- Way, re- 21 garding the placement, replacement, repair or construction of structures, facilities, acces- sories or other objects in the right of way by utilities and other users of the right of way, including ordinances which assign corridors or other placements to users of the right of way and requirements which may be reasonably adopted regarding separations of struc- tures, facilities, accessories or other objects. Section 4. The City may require the Company for the purposes of facilitating the con- struction, reconstruction, maintenance or repair of the street, avenue, right of way or alley, public places or grounds in accord with the ordinances of the City at the Company's cost and expense in accordance with Iowa law, including Company's Tariff on file with t he Iowa Utilities Board as may subsequently be amended, to construct, replace, repair, locate and relocate its existing facilities or equipment in, on, over or under any public street, avenue, right of way, alley, public places or grounds in the City in su ch a manner as the City may reasonably require, except the Company shall not be required to construct, replace, re- pair, locate and relocate existing facilities where Company facilities are located in private easements (whether titled in the Company or other entities) unless said private easement is upon land owned by the City. If the City orders or requests the company to relocate its existing facilities or equip- ment for any reason other than as specified above, or as the result of the initial request of a commercial or other nonpublic development, the company shall receive payment for the cost of such relocation as a precondition to relocating its existing facilities or equipment. In the event the Company is required to move, remove or modify the placement of any of its poles, lines, wires, conduit, conductors, fixtures, accessories, equipment or appurtenances located within the City because of any public improvement or public purposes of the City, the Company shall do so at its own expenses as directed by t he City. In planning for the extension or modification of streets and roads, the City shall, to the extent practicable in the discretion of its City Manager, design such changes to limit the need for the relocation of Company facilities. The Company shall not be required to relocate, at its cost and expense, company facilities in the public right of way that have been relocated at company expense at the direction of the City in the previous three (3) years. The City shall consider reasonable alternatives in designing its public works projects so as not arbitrarily to cause the Company unreasonable additional expense in exer- cising its authority under this section. The City shall also provide a reasonable alterna- tive location for the Company’s facilities as part of its relocation request. Section 5. In making excavations in any streets, avenues, alleys and public places for the installation, maintenance or repair of any conductor, conduit or other appurtenance or the erection of poles and wires or other applian ces, the Company shall not unreason- ably obstruct the use of the streets, avenues, alleys or public places. The Company in making any such excavations shall, if required by ordinance, obtain a City permit therefore and shall not unnecessarily obstruct the use of streets, avenues, alleys, or public places and shall provide the City Manager or City Manager's designee or such other person as the City may designate with 24 hours’ notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing such work. In emergencies which require imme- diate excavation, the Company may proceed with the work without first applying for or 22 obtaining a permit, provided, however, that the Company shall apply for and obtain an excavation permit as soon as possible after commencing such emergency work. The Company shall comply with all provisions and requirements of the City in its regulation of the use of City right of way in performing any excavations. The Company shall comply with all city ordinances regarding paving cuts, placement of facilities and restoration of pavement and other public infrastructure. The Company shall replace the surface, restoring the condition as existed prior to the Company's excavation, but shall not be required to improve or modify the public right of way unless said improve- ment is necessary to meet a SUDAS (Statewide Urban Design and Specifications) standard, a requirement of the Americans with Disabilities Act, or any other standard mandated by state or federal law, provided however, if any improvement is requested or required for aesthetic, cosmetic or similar purposes not mandated by state or federal law the City shall reimburse the Company the incremental cost of such improvements. The Company shall complete all repairs in a timely and prompt manner. Company agrees any replacement of road surface shall conform to current City ordinances re- garding its depth and composition. Section 6. The City when vacating a street, avenue, alley, public ground or public right- of-way shall not deprive the Company of its right to operate and maintain existing facilities and their replacements on, below, above, or beneath the vacated property. Prior to the City abandoning or vacating any street, avenue, alley, right of way or other public ground where the Company has electric facilities, the City shall grant the Company a utility ease- ment for said facilities. This paragraph shall not apply to the realignment, reconstruction, or vacation of streets or alleys in a designated urban renewal area; provided, however, the City shall identify, reserve and make available alternate locations for facilities to serve the designated urban renewal area consistent with the technical needs of the Company. Section 7. The Company agrees that, unless there are extenuating circumstances be- cause of damage, supply shortage or other reason beyond the Company's control, the Company shall replace any street light which is burned out or otherwise not functioning within ten days of receipt of written notice specifying the street light in need of replace- ment or repair. If because of extenuating circumstances the Company will not be able to replace or repair a street light within ten (10) days after notice, the Company shall notify the City within ten (10) days of the receipt of written notice from the City what the exten- uating circumstances are, including a date when the street light will be repaired or re- placed. The Company will convert all street lights in the City to Light Emitting Diode (LED) lights as street lights fail or if the Company determines to upgrade street lights in con- junction with other Company work. The Parties agree that should an improved tech- nology be developed and commercially reasonable during this franchise, thereafter, the Company may, at its option, substitute different lighting technologies that provide an amount and quality of light that is at least equal to that provided by the LED tech- nology. Before installing any such substitute technology, the Company must obtain the City's approval, such approval shall not be unreasonable withheld. The Company shall coordinate with the City on the placement of street lighting and the collocation of City’s public safety equipment and cameras on Company facilities, provided the City agrees to compensate the Company consistent with the Company’s established rates. 23 The Company shall charge the City for electric usage of any of the City’s equipment on the Company’s poles consistent with rates established by the Company. The Com- pany will charge the City the same rates it charges its other customers. Section 8. The Company shall maintain the availability of electric service throughout the entire City including newly annexed areas, but excluding areas designated by the Iowa Utilities Board to be the exclusive service territory of another electric provider, by extending lines or facilities in a manner consistent with Iowa law. The Company shall furnish electric energy in sufficient quantities to supply the reasonable demands of the City and the inhabitants thereof and including industrial users in accordance with the reg- ulations and conditions of service as provided in its tariff or established by its Board of Directors. Section 9. Upon reasonable request and if available, the Company shall provide the City, on a project specific basis, information indicating the horizontal location, relative to boundaries of the right of way, of all equipment which it owns or over which it has control that is located in City right of way, including documents, maps and other information in paper or electronic or other forms ("Information"). Upon reasonable request and if availa- ble, the Company shall also provide the City information including mapping data indi cating the horizontal and vertical locations, relative to the boundaries of the right - of-way, of all equipment which the Company owns or over which it has control and which is located in any right-of-way. The Company may satisfy this requirement by providing copies of maps showing equipment locations which were developed and kept by the Company in the ordinary course of business, provided that if such maps do not show the location of all such existing equipment, the Company will, upon reasonable request, a ssist the City in field locating equipment not shown on such maps and provide mapping data for such equipment provided that respect to equipment which the Company placed within the right - of-way the Company shall provide mapping data with the specificity an d in the format required by the City for inclusion in the mapping system used by the City, as more spe- cifically provided in the City's utility accommodation and street restoration specifications. The Company and City recognize the Information may in whole or part be considered a confidential record under state or federal law or both. Therefore, the City shall not release any information without prior consent of the Company and shall return the Information to Company upon request. The City recognizes that Company claims the Information may constitute a trade secret or is otherwise protected from public disclosure by state or fed- eral law on other grounds and agrees to protect the Information to the extent allowed by state or federal law. Furthermore, the City agrees that no documents, maps or information provided to the City by the Company shall be made available to the public or other entities if such documents or information are exempt from disclosure under the provisions of the Freedom of Information Act, the Federal Energy Regulatory Commission Critical Energy Infrastructure requirements pursuant to 18 CFR 388.112 and 388.113, or Chapter 22 of the Code of Iowa, as such statutes and regulations may be amended from time to time. In the event any action at law, in equity or administrative is brought against the City re- garding disclosure of any document which the Company has designated as a trade secret or as otherwise protected from disclosure the City shall promptly notify the Company. The Company shall have the right to assume the defense of said action or agree to reimburse the City any and all costs, including attorney fees and penalties, to the extent allowed by law which may result from any said action. 24 Section 10. The Company is authorized and empowered to prune or remove at Com- pany expense, any tree extending into any street, avenue, right of way, alley, public place or public grounds to maintain electric reliability, safety, to restore utility service and to prevent limbs, branches, or trunks from interfering with the wires and facilities of the Com- pany. The pruning and removal of trees shall be completed in accordance with nationally accepted safety and utility standards, currently ANSI Zl33-2012, American National Standard for Arboricultural Operations-Safety Requirements, and ANSI A300(part 1) - 2008 Pruning, American National Standard for Tree, Shrub, and other Woody Plant Maintenance - Standard of Practices Pruning, and subsequent revisions to these stand- ards. In the event any tree is removed by the Co mpany, or is damaged to the extent that the city forester determines the tree has lost its viability or functionality, because the Com- pany has removed or trimmed a tree in violation of this paragraph, the Company shall pay the City upon invoice the sum of Three Hundred Fifty dollars ($350) per tree, which amount shall be adjusted annually commencing on the first anniversary of the adoption of this franchise, and each anniversary thereafter by the change in percentage in the United States Bureau of Labor Statistics Consumer Price Index ("CPI") as of the applica- ble anniversary of this franchise compared to the CPI as of the same date of the previous year. The Company shall have no other liability to the City. Section 11. The Company shall indemnify, save and hold harmless the City from any and all claims, suits, losses, damages, costs or expenses, including attorneys' fees, on account of injury or damage to any person or property, to the extent caused or occasioned in whole or part by the Company's negligence in construction, reconstruction, excavation, operation or maintenance of the electric facilities authorized by this franchise; provided, however, that the Company shall not be obligated to defend, indemnify and save harm- less the City for any costs or damages to the extent arising in whole or part from the negligence of the City, its officers, employees or agents. At all times during the term of this franchise, the Company shall maintain insurance coverages as set forth in the Certificates of Insurance (attached hereto as Exhibit 2) and Company shall issue Certificates of Insurance annually upon request. The Com- pany shall require its contractors and subcontractors to maintain insurance. Section 12. The franchise fee presently imposed by the City upon the Company under Ordinance No. 20-04 and 13-15 (City Code Sections 11-5B-1 through 11-5B.24, both inclusive) shall continue under this franchise. The City is authorized to impose by ordi- nance a franchise fee up to the amount allowed by Iowa law upon the gross reve nue generated from sales of electricity by the Company within the corporate limits of the City. The Company and City agree that the City Council may in its discretion increase the fran- chise fee by ordinance, without further consent from the Company, provid ed no increase shall exceed the maximum franchise fee allowed by Iowa law. Upon notice, the Company shall begin collecting the franchise fee and any increased fee. The City shall provide to the Company, by certified mail, copies of annexation ordinances an d all new property addresses to which the franchise fee will be applied. The Company shall commence col- lecting the franchise fee in the annexed areas sixty (60) days thereafter. The Company shall not, under any circumstances be required to return or refund any franchise fees that have been collected from customers and remitted to the City. In the event the Company is required to provide data or information in defense of the 25 City's imposition of franchise fees or the Company is required to assist the City in iden- tifying customers or calculating any franchise fee refunds for groups of or individual customers the City shall reimburse the Company for the expenses incurred by the Company to provide such data or information. Section 13. The City shall use its best efforts, in the extension or modification of streets and roads, make provision for the placement of Company service lines and facilities on City owned right of way without charge to Company. The Company must utilize the area provided for placement of its service lines and facilities as directed by the City or other reasonable location provided by the Company. Nothing in this franchise shall be con- strued as a guarantee that in either existing right of way or in future acquired right of way the City will provide sufficient space for any particular need of the Company nor shall the City be required to obtain additional right of way solely for the use of the Company. Section 14. The City shall hold the Company harmless from any and all causes of action, litigation or damages arising through the placing of any City facilities upon the Company's distribution poles placed within the City right of way. Before attaching any facilities, the City shall complete the Pole Attachment Agreement, attached hereto as Ex- hibit 1, and receive written permission for each attachment. If at the sole discretion of the Company, it is determined that said attachments may create a clearance violation or other hazardous situation, or that wind or other conditions may place undue stress o n specific Company facilities, the City shall not be authorized to attach to those facilities unless they pay for all required upgrades. If attachments are in place, upon notification by the Com- pany of damage or potential damage, the City shall promptly re move said attachments. The Company will contact the City Manager in the event of an emergency. Section 15. If the Company establishes and makes available to its customers energy efficiency materials and rebate forms, the Company will provide them to the Ci ty for dis- play in the building permit department and other City departments as requested by the City. The Company will participate in neighborhood and community events, when possi- ble, and upon a request from the City or neighborhood organization, to encour age City residents to utilize the Company’s energy efficiency programs. Section 16. If the Company prepares an annual written report summarizing the aggre- gate electric use in its service territory located within the City by sector or type of customer and the percentage of energy used within the City derived from renewable resources, the Company shall provide a copy to the City Manager each year. Section 17. If the Company makes community contributions benefitting the people of the City, the Company shall make an annual written report to the City Manager summa- rizing said contributions. The written report shall include the name of each entity to which such contributions have been made, the amount of such contribution and a comparison showing contributions for that year. Section 18. In the event that the Company should have real estate or any interest in real estate within the City or within two (2) miles of the then current boundaries of the City, which it intends to sell, transfer or which it otherwise intends to divest the Company, it shall provide notice to the City of the terms and conditions upon which the Company intends to sell, transfer or divest itself. Section 19. The City reserves to itself all home rule authority under the Constitution of Iowa. 26 Section 20. Either City or Company ("party") may terminate this franchise if the other party shall be materially in breach of its provisions. Upon the occurrence of a material breach, the non-breaching party shall provide the breaching party with notification by cer- tified mail specifying the alleged breach. The breaching party shall have 60 days to cure the breach, unless it notifies the non-breaching party, and the parties agree upon a longer period for cure. If the breach is not cured within the cure period, the non-breaching party may terminate this franchise. A party shall not be considered to be in breach of this fran- chise if it has operated in compliance with state or federal law. A party shall not be con- sidered to have breached this franchise if the alleged breach is the result of the actions of a third party or the other party. Section 21. If any of the provisions of this franchise ordinance are for any reason de- clared to be illegal or void, the lawful provisions of this franchise ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the franchise ordinance contained no illegal or void provisions. Section 22. This Ordinance and the rights and privileges herein granted shall become effective and binding upon its approval and passage in accordance with Iowa law and the written acceptance by the Company. The City shall provide Company with an original signed and sealed copy of this Ordinance within 10 days of its final passage. The Com- pany shall, within thirty (30) days after the City Council approval of this Ordinance, file in the office of the clerk of the City, its acceptance in writing of all the terms and provisions of this Ordinance. Following City Council approval, this Ordinance shall be published in accordance with the Code of Iowa. In the event Company does not file its written ac- ceptance of this Ordinance within 30 days after its approval by the City Council this Ordi- nance shall be void and of no effect. Passed and approved this 5th day of November 2018. CITY OF DUBUQUE, IOWA /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 28th day of November 2018. /s/Kevin S. Firnstahl, City Clerk ACCEPTANCE Maquoketa Valley Electric Cooperative hereby accepts the electric franchise granted to it in the foregoing Ordinance. This Acceptance is intended to be in accordance and in compliance with law and the terms and provisions of the forgoing Ordinance. Dated this day of 13th day of November, 2018. MAQUOKETA VALLEY ELECTRIC COOPERATIVE By: /s/James Lauzon Title: CEO/Executive Vice President 5. Residential Parking Permit District H Amendment : Proof of publication on notice of public hearing to consider the addition of Phyllrich Drive, both sides, from Keymont Drive to Keystone Drive, to the existing Residential Parking Permit District H with current day/time parking restrictions being assumed for this addition, and the City Manager rec- ommending approval. Motion by Larson to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two 27 Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Shaw. Diane Jones, 1862 Phyllrich Drive, spoke in favor of the amendment citing slim passage for residents, contractors and city services caused by the additional vehicles. Responding to questions from the City Council, City Engineer Gus Psihoyos provided some background on the district, noted that each home is entitled to two (2) resident and two (2) guest permits adding that his department will work with Hempstead Highschool on notifying students of the change. Motion carried 6-0. Motion by Larson for final consideration and passage of Ordinance No. 43-18 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residen- tial Parking Permit District. Seconded by Rios. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 43-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 9-14-321.740 RESIDENTIAL PARKING PERMIT DIS- TRICT H NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.740 of the City of Dubuque Code of Ordinance is hereby amended to read as follows: 9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT H: A. The following described area constitutes a residential parking permit district desig- nated as residential parking permit district H: Hansel Drive, between Keystone Drive and Keymont Drive. Keymont Drive from Key Way Drive to its westerly terminus. Phyllrich Drive from Keystone Drive to Keymont Drive. Vizaleea Drive from Pennsylvania Avenue to Keystone Drive. B. No vehicles shall park curbside in Residential Parking Permit District H during the hours of seven o'clock (7:00) a.m. to three o'clock (3:00) p.m., except Saturdays, Sun- days, and holidays, without displaying a valid parking permit issued by the City. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 5th day of November 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 9th day of November 2018. /s/Kevin S. Firnstahl, City Clerk 6. State Revolving Fund (SRF) Sanitary Sewer Capital Loan Notes Series 2018C : Proof of publication on notice of public hearing to consider approval of the suggested proceedings for the public hearing on the issuance of not to exceed $4,900,000 in Sewer Revenue Capital Loan Notes (State Revolving Loan Fund Program), Series 2018C, and the City Manager recommending approval. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 335-18 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to 28 exceed $4,900,000 Sewer Revenue Capital Loan Notes. Seconded by Resnick. Re- sponding to questions from the City Council, City Manager Van Milligen and Finance Di- rector Jean Nachtman clarified the financial breakdown of the sponsorship, interested collected and legal/administrative fees calculated into the issuance. Motion carried 6-0. RESOLUTION NO. 335-18 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORI- ZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,900,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authoriza- tion of a Loan and Disbursement Agreement by and between the City an d the Iowa Fi- nance Authority, and the issuance to the Iowa Finance Authority of not to exceed $4,900,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of acqui- sition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with Kerper Boulevard Sanitary Sewer reconstruction project and the Eagle Poin t Park Environmental Restoration Project, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following ac- tion is now considered to be in the best interests of the City and residen ts thereof: NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu- que, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the authorization of a Loan and Disbursement Agreement by a nd between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $4,900,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and conditions and the disclosures provided with re- spect thereto are hereby acknowledged, accepted and approved. Section 3. That the Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Section 4. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that Sewer fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not 29 exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed and approved this 5th day of November, 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk PUBLIC INPUT Don Kahle, 1750 Mount Vernon Ct., provided a brief professional and military biog- raphy and spoke in support of the proposed boat docking facility in the Port of Dubuque upcoming on the Action Agenda. Andrew Butler, 898 Mt. Carmel, provided the City Council with copies of the Fall 2018 Preservation magazine highlighting Dubuque’s historic preservation efforts. Mr. Butler also described the process of how the article came to be. McKenzie Hill, 1548 Pego Ct., spoke in support of the upcoming action item regarding the Five Flags Center Phase 2 Consultant Services Agreement. ACTION ITEMS 1. Five Flags Civic Center Referendum: City Attorney submitting timeline information and a response to City Council questions related to the Five Flags Center Referendum . Motion by Resnick to receive and file. Seconded by Larson. City Manager Van Milligen read pertinent portions of the City Attorney’s memo into the record. Responding to ques- tions from the City Council, City Attorney Brumwell reiterated the information on schedul- ing a special election, The City’s role in providing public information only, and City Coun- cil’s timeline for approving referendum language and submitting a ballot per the County Auditor’s requirements. City Manager Van Milligen clarified that this item is for informa- tional purposes and that the Consultant Services Agreement next on the agenda wou ld be the first step to considering a referendum. Motion carried 6-0. 2. Five Flags Civic Center Phase 2 Consultant Services Agreement : City Manager rec- ommending approval of the Five Flags Civic Center Phase 2 Services Agreement with Conventions, Sports & Leisure International. Motion by Jones to receive and file the doc- uments and approve the recommendation. Seconded by Rios. Responding to questions from the City Council, City Manager Van Milligen and Leisure Services Manager Marie Ware addressed issues regarding continuing with the same consulting firm versus issuing an RFP, additional funding options and naming opportunities through staff effort, and the cost considerations of the agreement. Motion carried 6 -0. 3. Chaplain Schmitt Island Improvement Agreement: City Manager recommending ap- proval of the Chaplain Schmitt Island Improvement Agreement between the Dubuque Racing Association and the City of Dubuque. Motion by Jones to receive and file the documents, approve the recommendation and view the presentation. Seconded by Res- nick. DRA Board Chair Rick Dickinson; Board Member Kevin Lynch; Schmitt family rela- tive Dr. Steven Sloan, 1723 Carriage Hill; and Ryan Peterson of RDG Design, gave a 30 verbal presentation and video of the project timeline and conceptua l designs for the Vet- erans’ Memorial Plaza on Schmitt Island. Responding to questions from the City Council, the City Manager stated that on-going maintenance would be the responsibility of the DRA but that should the DRA cease to exist in the future, the City would assume respon- sibility. Motion carried 6-0. 4. Request for Proposal - Comiskey Park Engagement, Design, Construction Manage- ment, and Grant Administration Services: City Manager recommending approval of a Re- quest for Proposals for a consulting firm to perform community engagement, design, con- struction management and grant administration services for the redevelopment of Comis- key Park. Motion by Jones to receive and file the document and approve the recommen- dation. Seconded by Larson. Motion carried 6-0. 5. Request for Proposals - Port of Dubuque Riverfront Dock Expansion Consultant Professional Services: City Manager recommending approval to authorize the initiation of the Request for Proposal process for professional consultant services to complete the Preliminary Engineering Design and Cost Development Phase to evaluate alternatives and the feasibility for the Port of Dubuque Riverfront Dock Expansion. Motion by Jones to receive and file the document and approve the recommendation. Seconded by Shaw. Responding to questions from the City Council, City Manager Van Milligen stated that the amount of cost sharing with Viking Cruise Lines has yet to be finalized and that there would be exclusive use of the proposed facility by Viking Cruises only when they are in port. Mr. Van Milligen added that due to the unique challenges presented by the river, city staff is not expert enough to work on the complexity of the design. Therefore, a design firm must be hired. Motion carried 6-0. 6. Funding Agreement for North Cascade Road Reconstruction Phase I: City Manager recommending approval and authorization for the Mayor to execute a Federal Aid (STBG) SWAP Funding Agreement with the Iowa Department of Transportation for the North Cas- cade Road Reconstruction Project, Phase 1 from Catfish Creek to Edval Lane. Motion by Larson to receive and file the documents and adopt Resolution No. 336-18 Approving the Federal Aid Swap Funding Agreement (Agreement No. 6 -18-STBG-Swap-040) between the City of Dubuque and Iowa Department of Transportation for the North Cascade Road Reconstruction Project, Phase 1. Seconded by Resnick. Motion carried 6-0. RESOLUTION NO. 336-18 APPROVING THE FEDERAL AID SWAP FUNDING AGREEMENT (AGREEMENT NO. 6-18-STBG-SWAP-040) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPART- MENT OF TRANSPORTATION FOR THE NORTH CASCADE ROAD RECONSTRUC- TION PROJECT, PHASE 1 Whereas, with the upcoming completion of the Southwest Arterial (US 52) and the location of the Middle Interchange at North Cascade / English Mill Road, traffic volumes are expected to increase on North Cascade Road; and Whereas, the Timber Hyrst residential subdivision is under development and connects Creekwood Drive to North Cascade Road between Edval Lane and the Catfish Creek bridge; and 31 Whereas, the development agreement for the Timber Hyrst subdivision between the City of Dubuque and North Cascade Road Developers, LLC. stipulates that the City will complete safety related improvement to North Cascade Road; and Whereas, the existing narrow 24-foot rural roadway has granular shoulders and typical rural ditch grading and drainage, is classified as a collector under the FHWA Street Clas- sification, is substandard in design and is inadequate to accommodate future traffic and development growth; and Whereas, the City is developing a project to reconstruct North Cascade Road between the bridge over Catfish Creek to the future intersection of North Cascade Road and the Southwest Arterial; and Whereas, the project will be developed into 2 phases; Phase 1 (20 19) - from Catfish Creek bridge to Edval Lane; and Phase 2 (2021) - from Edval Lane to Southwest Arterial; and Whereas, the current 24-foot rural roadway will be widened to accommodate a 35-foot urban "complete street" section with 5-foot paved shoulders / bike lanes on each side and grading for future sidewalks on each side of the road; and Whereas, the existing substandard curves on North Cascade Road will be realigned to improve safety and allow for better sight distance; and Whereas, effective October 1, 2018, per the State of Iowa Federal Aid SWAP Policy, the City will use Primary Road funds on a dollar-for-dollar basis to be reimbursed at 100% to assist in funding the North Cascade Road Reconstruction project. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. That said Federal Aid SWAP Funding Agreement (Agreement No. 6 -18- STBG-SWAP-040) between the City of Dubuque and the Iowa Department of Transpor- tation is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Federal Aid SWAP Funding Agreement (Agreement No. 6-18-STBG-SWAP-040) for the North Cascade Road Reconstruction Project, Phase 1. Passed, approved, and adopted this 5th day of November 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl City Clerk 7. State of Iowa Re-Audit: City Manager transmitting the Auditor of State's Report on Re-Audit for the Period July 1, 2015 through June 30, 2016. Motion by Larson to receive and file the documents. Seconded by Resnick. Motion carried 6-0. 8. Request for Work Session - Project HOPE: City Manager recommending that the City Council schedule the Project HOPE work session for November 19 at 5:30 p.m. in the Council Chambers. Motion by Jones to receive and file the documents and set the work session as recommended pending Council Members’ calendars. Seconded by Res- nick. Ms. Larson stated that she is unable to attend. Motion carried 6 -0. 9. Dubuque Skate Park Construction Video: Cable TV Division presented a video on the construction of the Dubuque Skate Park. Motion by Shaw to receive and file the infor- mation and view the video. Seconded by Jones. Leisure Services Manager Marie Ware 32 introduced the video and shared comment s about the skate park and other changes at Flora Park such as the 3-5-year-old playground and the replacement of trees due to Em- erald Ash Bore. Motion carried 6-0. 10. SW Arterial Construction Update Video : Cable TV Division presented a video of the recent progress of the Southwest Arterial Project (October 2018). Motion by Resnick to receive and file the information and view the video. Seconded by Larson. Motion carried 6-0. COUNCIL MEMBER REPORTS Council Member Jones welcomed the new Telegraph Herald City News Reporter Ben Fischer and encouraged attendance at the Hills and Dales Charity Dinner from 11:00 a.m. to 1:00 p.m. on November 14 at the Dubuque Law Enforcement Center. Mr. Jones then reminded citizens to vote tomorrow. Council Members Resnick and Larson reported on the success of the Annual Hallow- een Parade and thanked the new organizers and volunteers who participated. CLOSED SESSION Motion by Jones to convene in closed session at 8:34 p.m. 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 attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Crenna Brumwell, Senior Council Barry Lindahl, Attorney Les Reddick, and Attorney Todd Stevenson. Motion carried 6-0. Upon motion the City Council reconvened in open session at 9:03 p.m. stating that staff had been given property direction. There being no further business, upon motion the City Council adjourned at 9:04 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk