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6 17 19 City Council Proceedings Official_Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on June 17, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Shaw; City Manager Van Milligen, City Attorney Brumwell Absent: Council Member Rios 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 the Four Mounds Foundation. WORK SESSION Four Mounds Foundation Update Ellen Goodmann Miller, Community & Resource Development Specialist for Gronen Properties, introduced new Program Manager Becky Bodish. Jill Courtney, Opera- tions/Marketing Manager for Four Mounds; and Four Mounds At -Large Board Members Ben Bartels and Natalia Blaskovich presented on the history and plans of the Four Mounds Foundation. Topics included: • Archaeological history of the Four Mounds grounds; • Burden family history of the gentleman’s farm, estate and buildings ; • Formation of the Four Mounds Foundation in 1987; • Key rehabilitation and revitalization investments and donation program ; • Site impact: hours of operation, visitor demographics, summer camps, and com- munity service opportunities; • HEART (Housing Education and Rehabilitation Training) Program partnerships, projects and outcome data; • Site public access and improvement plan and phases 1 and 2; • Expansion of the HEART Program; • Relationship to City Council goals and Imagine Dubuque 2027: A Call to Action . The presenters responded to questions from the City Council. There being no further business, upon motion the City Council adjourned at 6:00 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 6:03 p.m. on June 17, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Shaw; City Manager Van Milligen, City Attorney Brumwell Absent: Council Member Rios 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. American Council of Engineering Companies of Iowa (ACECI) and American Coun- cil of Engineering Companies(ACEC) Awards for the Upper Bee Branch Creek Restora- tion Project: Civil Engineer Deron Muehring and lead design engineers Michael Jansen of IIW and Eric Vieth of Strand Associates, presented the City Council with three awards for the Upper Bee Branch Creek Restoration Project. The American Council of Engineer- ing Companies of Iowa 2019 Grand Prize Award in the Special Projects category and the 2019 Grand Conceptor Award; and the American Council of Engineering Companies’ Na- tional Recognition Award. 2. Connected World Magazine Recognition of Transportation Services Manager Renee Tyler: City Manager Michael Van Milligen presented Transportation Services Manager Renee Tyler with Connected World Magazine's "Women of the Machine 2 Machine / In- ternet of Things"(WoM2M and IoT) Award. PROCLAMATION(S) 1. Summer Learning Week (July 7-13, 2019) was accepted by Beth McGorry, Out Reach Coordinator for St. Mark Youth Enrichment, 1201 Locust Street. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Del Toro. Motion carried 6 -0. 3 1. Minutes and Reports Submitted: Airport Commission of 5/20; Cable TV Commission of 6/5; Catfish Creek Watershed Management Authority of 5/1, 6/5; City Council Proceed- ings of 5/28, 6/3; Historic Preservation Commission of 5/16; Library Board of Trustees of 3/28, 4/25; and Council Update #183 of 5/24; Zoning Advisory Commission of 5/19; Zon- ing Board of Adjustment of 5/23; Proof of publication of City Council Proceedings of 5/20, 5/28. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Donna Kuhlman for vehicle damage. Upon motion the document was 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: Donna Amy Kuhlman for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommended Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 226-19 Authorizing the Finance Director-City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 226-19 AUTHORIZING THE FINANCE DIRECTOR-CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at- tached hereto, and by this reference made a part h ereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 - 18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as re- quested by designated requisitioning authorities in accordance with approved budget ap- propriations. 4 Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 17th day of June 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Art on the River 2019 Exhibits Recommendation : Arts and Cultural Advisory Com- mission recommended approval of the proposes selections for the Art on the River Exhibit 2019. Upon motion the documents were received, filed and approved. 6. Dubuque Golf & Country Club Fireworks Request 2019 : Correspondence from Lance Marting, General Manager/CEO of the Dubuque Golf & Country Club, requesting permission to display fireworks on Thursday, July 4, 2019 at about 9:30 p.m. with a rain date of Friday, July 5, 2019. Upon motion the document was received, filed and approved. 7. Cub Scouts Day Camp BB and Archery Range: Request from Boy Scouts of America Northeast Iowa Council to run a BB and archery range on August 3, 2019 from 9:00 a.m. to 3:00 p.m. at A.Y. McDonald Park in conjunction with their Cub Scout Day Camp special event permit. Upon motion the document was received, filed and approved. 8. Civil Service Commission - Certified Lists: Civil Service Commission submitting the Certified Lists for the positions of Industrial Electronics Technician and Water Meter Re- pairworker II. Upon motion the documents were received, filed and made a Matter of Record. June 5, 2019 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Industrial Electronics Technician was administered on April 30, 2019. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for one (1) year from above date. Industrial Electronics Technician 1. Michael Reinert, 2. James Herbst, 3. Larry Hoppman, 4. Devin Sweeney, 5. Jason Deppe, 6. Adam Leeser Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 5 June 5, 2019 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Water Meter Repair worker II was administered on May 9, 2019. We hereby certify that the individuals listed below have passed this written examination and the vacancy fo r this position should be made from this list and that this list is good for two (2) years from above date. Water Meter Repair Worker II 1. Carl Plumley, 2. Jeffrey Davis, Jr., 3. James Herbst, 4. Justin Licht, 5. John Kirk Respectfully submitted, /s/Dan W hite, Chairman Civil Service Commission 9. Medical Plan Administrative Services Fee and Stop Loss Insurance Coverage Re- newal: City Manager recommended approval of the Medical Plan Administrative Services Fee and Stop Loss Insurance Coverage Renewal for th e City’s health and prescription drug plans with Wellmark effective July 1, 2019 through June 30, 2020. Upon motion the documents were received, filed and approved. 10. Approval of an Addendum to the Workers ’ Compensation Claims Administrative Services Agreement: City Manager recommended approval of an Addendum to the Agreement between the City of Dubuque and Alternative Service Concepts for services related to the administration of the City’s Workers’ Compensation Program. Upon motion the documents were received, filed and approved. 11. Vacant and Abandoned Buildings and Problem Property Assessments : City Man- ager recommended approval of a Resolution authorizing the City to certify problem prop- erty charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed, and Resolution No. 227-19 Authorizing the City to collect delinquent problem property charges in accordance with 14-1J1 International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 227-19 AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE- NANCE CODE SECTION 106.5 AND/OR SECTION 109.5 CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if problem properties are allowed to deteriorate according to 14-1J1; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and 6 Whereas, delinquent problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons listed on the attached Problem Property Assessment Schedule are delinquent in the payment of problem property charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Problem Property Assessment Schedule are delinquent in the payment of problem prop- erty charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved, and adopted this 17th day of June 2019. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk SCHEDULE OF ASSESSMENTS Delinquent Vacant and Abandoned Buildings and Problem Property Charges Location; Legal Description; Owner; Parcel #; Amount 1961 Central Ave.; S 1/2 of Lot 1 of the Sub of City Lots 438, 439, & part of 676 1961 - 1965 Central Ave.; Damaso, Maximo C. & Celestine M. 2620 Pearl St., Dubuque, IA 52001; 1024252007; $2,384.56 2134 Central Ave.; L. H. Lang’s Add N 65' Lot 11 2134 -2146 Central Ave.; Property Investments Group LLC; 605 Bluff St.; Dubuque, IA 52001;1024207008; $1,369.59 2134 Central Ave.; L. H. Lang’s Add N 65' Lot 11 2134 -2146 Central Ave; Property Investments Group LLC; 605 Bluff St; Dubuque, IA 52001; 1024207008; $292.12; 2134 Central Ave.; L. H. Lang’s Add N 65' Lot 11 2134 -2146 Central Ave.; Property Investments Group, LLC; 605 Bluff St.; Dubuque, IA 52001; 1024207008; $158.56 1460 Central Ave.; N 1/4 of City Lot 443; Wilson Realty LLC; 71 Ford Dr.; East Dubu- que, IL 61025 ;1024408004; $1,746.94 12. Public, Educational, and Government (PEG) Capital Grant Expenditure Request : City Manager recommended approval of the Cable TV Commission's request for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities to purchase a closed captioning decode, an FS1 frame synchronizer, and a spare camera for the City Council Chambers. Upon motion the documents were re- ceived, filed and approved. 13. Local College Access Network Grant Letter of Support for Year II : City Attorney recommended approval to submit a letter of support of the Community Foundation of Greater Dubuque’s application for a Year II Local College Access Network Grant from the Iowa Student Aid Commission. Upon motion the documents were received, filed and ap- proved. 7 14. Request for Proposal for 42-Inch Sanitary Sewer Force Main Internal Inspection Project: City Manager recommended approval to release a Request for Proposal for qual- ified sewer pipe inspection firms to complete an internal pipe inspection and needs as- sessment for the City’s existing 42-inch sanitary sewer force main. It is further recom- mended that the City Manager be authorized to negotiate the final terms of an agreement and execute a contract with the vendor recommended by the RFP Committee. Upon mo- tion the documents were received, filed and approved. 15. Approving Fund Transfers for Capital Projects and Other Expense Reimburse- ments in Fiscal Year 2019: City Manager recommended approval of the suggested pro- ceedings approving a transfer of funds for capital projects and other expense reimburse- ments pursuant to an amendment to the Iowa Administrative Rules Code 545-2.5(5). Upon motion the documents were received and filed, and Resolution No. 228-19 Author- izing the Director of Finance and Budget to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the Fiscal Year 2019 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 228-19 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET TO MAKE THE APPRO- PRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE AP- PROPRIATE MANNER FOR THE FY 2019 FOR THE CITY OF DUBUQUE, IOWA Whereas, Iowa Administrative Rules Code Section 545 -2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as provide d in Iowa Administrative Rules Code Section 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the Director of Finance and Budget be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 2019. Section 2. Transfer of Funds. That the Director of Finance and Budget will transfer the following sums and to record the same in the appropriate manner: 1. Transfer from General Fund to the Section 8 Fund $184,681.00 for the deficit related to HUD administrative funding. 2. Transfer from DRA Distribution Fund to the Sales Tax Construction Fund $2,161.00 for Eagle Point Park Bridge Complex. 3. Transfer from the DRA Distribution Fund to the Airport Construction Fund $29,468.00 for Old Airline Terminal Assessment and New Terminal Landscaping. 4. Transfer from the Tort Liability Fund to the General Fund $136,179.65 for the cost of liability insurance. 5. Transfer from the Trust & Agency Fund to the General Fund $1,583,627.28 for the cost of employee benefits. 6. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the General Fund $9,902.96 for the reimbursement of Tax Increment Financing eligible expenses. 8 7. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the General Construction Fund $47,932.99 for the reimbursement of Tax Incre- ment Financing eligible expenses. 8. Transfer from the North Cascade Housing Tax Increment Financing Fund to the General Construction Fund $12,214.75 for the reimbursement of Housing Tax Increment Financing eligible expenses. 9. Transfer from the English Ridge Housing Tax Increment Financ ing Fund to the General Construction Fund $27,544.00 for the reimbursement of Housing Tax Increment Financing eligible expenses. 10. Transfer from the Greater Downtown Tax Increment Financing Fund to the Gen- eral Fund $150,125.12 for the reimbursement of Tax Increment Financing eligible expenses. 11. Transfer from the Greater Downtown Tax Increment Financing Fund to the Iowa Finance Authority Housing Trust Fund $50,000.00 for the grant match. 12. Transfer from the Greater Downtown Tax Increment Financing Fund to the Gen- eral Construction Fund $259,667.69 for the reimbursement of Tax Increment Fi- nancing eligible expenses. 13. Transfer from the Road Use Tax Fund to the Street Construction Fund $904,082.59 for Grandview/University Roundabout and North Cascade Roa d. 14. Transfer from the Road Use Tax Fund to the General Construction Fund $220.48 for Corridor Study Alternates. 15. Transfer from the Sales Tax Construction Fund to the Airport Construction Fund $79,140.31 for Airport Fencing, Hanger Repairs, New Termin al Landscaping, FBO Restroom Update, Replace Garage Door, Cap Old Well, Wireless Network. 16. Transfer from the General Construction Fund to the Street Construction Fund $385,930.00 for Grandview/University Roundabout. 17. Transfer from Sales Tax Construction Fund to the Stormwater Operating Fund $234,035.13 for stormwater subsidies related to tax exempt entities, farms, and half rate for income qualified. 18. Transfer from DRA Distribution Fund to the Stormwater Operating Fund $118,906.00 for stormwater subsidies related to tax exempt entities, farms, and half rate for income qualified. 19. Transfer from the Sales Tax Increment Fund to the Debt Service Fund $2,642,669.40 for debt service related to previously issued general obligation debt. 20. Transfer from the Passenger Facility Charge Fund to the Debt Service Fund $202,034.00 for debt service related to previously issued general obligation debt. 21. Transfer from General Fund to the Debt Service Fund $608,734.81 for debt ser- vice related to previously issued general obligation debt. 22. Transfer from the Greater Downtown Tax Increment Financing Fund to the Debt Service Fund $4,489,665.41 for debt service related to previously issued general obligation debt. 23. Transfer from the Road Use Tax Fund to the Debt Service Fund $57,524.06 for debt service related to previously issued general obligation debt. 24. Transfer from the Street Construction Fund to the Debt Service Fund $296,201.00 for debt service related to previously issued general obligation debt. 9 25. Transfer from the Sales Tax Construction Fund to the Debt Service Fund $496,618.60 for debt service related to previously issued general obligation debt. 26. Transfer from the Dubuque Industrial Center Tax Increment Financing Fund to the Debt Service Fund $1,239,942.93 for debt service related to previously issued general obligation debt. 27. Transfer from Dubuque Industrial Center Tax Increment Financing Fund to the Flexsteel Restricted Escrow Fund $665,839.00 for the obligation plus interest. Passed, approved and adopted this 17th day of June 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. 2017 City Council Official Proceedings: City Clerk submitting the 2017 Official City Council Proceedings. Upon motion the documents were received, filed and approved. 17. Bee Branch Gate & Pump Station Replacement Project (Phase 5) EDA Grant Ad- ministration: City Manager recommended approval to hire East Central Intergovernmental Association (ECIA) to perform grant administration services for the U.S. Economic Devel- opment Administration (EDA) grant funding for the 16th Street Detention Basin Flood Gates, a/k/a Bee Branch Flood Mitigation Gate & Pump Station Replacement Project. Upon motion the documents were received and filed, and Resolution No. 229-19 Approv- ing the contract for the administration of the 2019 U.S. Economic Development Admin- istration Disaster Relief Opportunity Grant for the stormwater pumping station at the 16th Street Detention Basin to East Central Intergovernmental Association was adopted. RESOLUTION NO. 229-19 APPROVING THE CONTRACT FOR THE ADMINISTRATION OF THE 2019 US ECO- NOMIC DEVELOPMENT ADMINISTRATION DISASTER RELIEF OPPORTUNITY GRANT FOR THE STORMWATER PUMPING STATION AT THE 16 TH STREET DE- TENTION BASIN TO EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION Whereas, the City Council passed Resolution 368-18 in support of the grant application for EDA grant funding for the 16th Street Detention Basin Culvert Inlet Structure and Stormwater Pumping Station Project (Project); and Whereas, the City was awarded $2,500,000.00 in Economic Development Administra- tion (EDA) grant funding; and Whereas, the City Council passed Resolution 152-19 authorizing the Mayor to enter into the Financial Assistance Award agreement with EDA; and Whereas, the it is in the best interest of the City to engage the services of a firm to provide EDA grant administration services for the City’s proposed flood mitigation project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1. That East Central Intergovernmental Association (ECIA) is hereby selected to provide grant administrative services required as part of the EDA grant. 2. The City Manager is hereby authorized to enter into a contract wi th ECIA to provide administration service associated with the $2,500,000 EDA grant for the 16th Street Detention Basin Flood Gates (a.k.a. Bee Branch Flood Mitigation Gate & Pump Replacement Project). 10 Passed, approved, and adopted this 17th day of June 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 18. Community Development Block Grant FY2020 (Grant Year 2019) Annual Plan Amended for Allocation (#1): City Manager recommended approval of Amendment 1 to the Community Development Block Grant (CDBG) Annual Action Plan. Upon motion the documents were received and filed, and Resolution No. 230-19 Adopting Amendment 1 to the Fiscal Year 2020 (Program Year 2019) Community Development Block Grant (CDBG) Annual Action Plan was adopted. RESOLUTION NO. 230-19 ADOPTING AMENDMENT 1 TO THE FISCAL YEAR 2020 (PROGRAM YEAR 2019) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN Whereas, the City of Dubuque prepared an Annual Action Plan for Fiscal Year 2020; and Whereas, the City now desires to amend said Annual Plan by reallocating funds be- tween existing activities and providing funds for new activities; and Whereas, said amendment is a substantial amendment as provided in the City’s Citi- zen Participation Plan and therefore must be approved by re solution of the City after a public hearing by the Community Development Advisory Commission; and Whereas, the City made available for public comment said Annual Action Plan on April 17, 2019 at a public meeting of the Community Development Advisory Commission; and Whereas, the Community Development Advisory Commission reviewed said amend- ment during a public hearing on May 15, 2019 and voted to approve said amendment and recommend approval by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The Community Development Block Grant Fiscal Year 2020 (Program Year 2019) Annual Action Plan Amendment 1, attached hereto as Exhibit A is hereby ap- proved. Section 2. The Community Development Block Grant Fiscal Year 2020 (Program Year 2019) Annual Action Plan, as Amended, shall be included in the Five -Year Consolidated Plan for the use of Community Development Block Grant F unds for Fiscal Year 2016- 2020. Passed, approved, and adopted this 17th day of June 2019 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Community Development Block Grant FY 2020 (Plan Year FY 2019) Annual Plan Environmental Review and Request for Release of Funds: City Manager recommended approval of the Environmental Review Determination and Request for Release of Funds and Certifications for the Fiscal Year 2020 Community Development Block Grant. Upon motion the documents were received and filed, and Resolution No. 231-19 Authorizing request for Release of Funds and Certification for Community Development Block Grant (CDBG) Funds for Fiscal Year 2020 (Program Funds 2019) was adopted. 11 RESOLUTION NO. 231-19 AUTHORIZING REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2020 (PROGRAM FUNDS 2019) Whereas, the City of Dubuque has been awarded Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (HUD); and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart- ment of Housing and Urban Development (HUD), an environmental review has been pro- cessed for Community Development Block Grant funds; and Whereas, a Notice of Intent to Request Release of Funds for said grant has been pub- lished on May 31, 2019 to commence the required fifteen (15) day comment period; and Whereas, any and all comments received as a result of such notice will be duly con- sidered before proceeding with a Request for Release of Funds and Certification, and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. Department of Housing and Urban Development (HUD) at the conclusion of the comment period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification on or about June 17, 2019 and submit to the U.S. Department of Housing and Urban Development (HUD). Community Development Block Grant Annual Plan Projects Fiscal Year 2020 (Program Year 2019) Housing Programs: First Time Home Buyer Program; Homeowner Rehabil- itation (Home Repair Loan Program; Residential Rehabilitation Loan Program; Historic Preservation Rehab, Accessibility Rehab, Lead Waterline & Sewer Replacement); Housing Code Enforcement; Housing Rehabilitation Services and Staff; Lead Hazard Control; Rental Unit Rehabilitation (Emergency Code Enforcement Loan Program; Rental Rehab Loan Program, Residential & Mixed-Use; Accessibility Rehab; Purchase Rehab Resale; Economic Development Programs: Commercial/Industrial Building Rehab Loans; Economic Development Financial Assistance Program and Micro -En- terprise Assistance Program. Neighborhood and Community Development Programs: Accessible Curb Ramps; Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neighborhood Sidewalk Program; Neighborhood Lighting Replace- ment); Neighborhood Lighting Program; Neighborhood Connectivity (Broad- band/Internet); Neighborhood Recreation Program; Neighborhood Support Grants; Neighborhood Slum & Blight Reduction; Purchase of Services; Senior Center; Washington Tool Library; Zoning Inspection/ Enforcement; Four Mounds HEART Program. Planning and Administration: CDBG Administration Services a nd Staff; Neighborhood Development Services and Staff; Housing Planning/Administra- tive Services and Staff. 12 No funds will be committed prior to completion of a review for other related laws of 24 CFR 58.5, including Section 106, if required, for site -specific pro- jects that are currently unidentified. Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Pro- tection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent per- sonally, in his official capacity and on behalf of the City of Dubuque, to accept the juris- diction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review process, decision-making and action. Passed, approved, and adopted this 17th day of June 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Acceptance of a Permanent Easement for Storm Sewer Utilities at 800 Laurel Street: City Manager recommended acceptance of the Grant of Permanent Easement for existing public storm sewer from Thomas W. Riley and Rachel K. Daack Riley across 800 Laurel Street. Upon motion the documents were received and filed, and Resolution No. 232-19 Accepting a Grant of Easement for storm sewer utilities over and across a part of Lot 1-2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 232-19 ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER UTILITIES OVER AND ACROSS A PART OF LOT 1-2-1-2 IN LAUREL PLACE AND LOT 1-1-2 IN LAUREL PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, Thomas W. Riley and Rachel K. Daack Riley have executed an Easement for Storm Sewer Utilities through, over and across a Part of Lot 1 -2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place, in the City of Dubuque, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Storm Sewer Utilities through, over and across Part of Lot 1-2-1-2 in Laurel Place and Lot 1-1-2 in Laurel Place, in the City of Dubuque, Dubuque County, Iowa from Thomas W. Riley and Rachel K. Daack Riley, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this reso lution and easement with the Dubuque County Recorder. Passed, approved, and adopted this 17th day of June 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13 21. Acceptance of the Eagle Point Park Waterline and Water Service Replacement Project: City Manager recommended acceptance of the Eagle Point Park Watermain Ex- tension and Water Service Replacement Project as completed by Mainline Excavation Co., Inc. Upon motion the documents were received and filed, and Resolution No. 233- 19 Accepting the Eagle Point Park Watermain Extension and Water Service Replacement and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 233-19 ACCEPTING THE EAGLE POINT PARK WATERMAIN EXTENSION AND WATER SERVICE REPLACEMENT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Eagle Point Park Watermain Exten- sion and Water Service Replacement Project (the Project) has been completed by the contractor and MSA Professional Services has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improve- ment Contract and that MSA Professional Services recommends that the Project be ac- cepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of MSA Professional Services is approved, and the Project is hereby accepted. Section 2. The Director of Finance and Budget is hereby directed to pay to th e Con- tractor from the Eagle Point Park Watermain Extension and Water Service Replacement Project capital improvement appropriation for the contract amount of $81,615.78 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, adopted, and approved this 17th day of June 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 22. America's River Corporation Contracted Services Agreement for Fiscal Year 2020: City Manager recommended execution of the Contracted Services Agreement with Amer- ica’s River Corporation. America’s River Corporation. Upon motion the documents were received, filed and approved. 23. Crescent Community Health Center Contracted Services Agreement for Fiscal Year 2020: City Manager recommended execution of the Contracted Services Agreement with Crescent Community Health Center for Fiscal Year 2020. Upon motion the docu- ments were received, filed and approved. 14 24. Dubuque Area Labor Management Council Contracted Services Agreement for Fiscal Year 2020: City Manager recommended execution of the Contracted Services Agreement with the Dubuque Area Labor-Management Council for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 25. Dubuque Main Street Contracted Services Agreement for Fiscal Year 2020 : City Manager recommended execution of the Contracted Services Agreement with Dubuque Main Street for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 26. Dubuque Main Street Program Agreement for Fiscal Year 2020: City Manager rec- ommended approval of the Program Agreement between Dubuque Main Street, the City of Dubuque and the Iowa Economic Development Authority for Fiscal Year 2020. Upon motion the documents were received and filed, and Resolution No. 241-19 Resolution of Support and Financial Commitment for the Main Street Program in Dubuque was adopted. RESOLUTION NO. 241-19 SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN STREET PROGRAM IN DUBUQUE Whereas, an Agreement between the Iowa Economic Development Authority, Dubu- que Main Street and the City of Dubuque for the purpose of continuing the Main Street Iowa program in Dubuque; and Whereas, this Agreement is pursuant to contractual agreements between Main Street America and the Iowa Economic Development Authority to assist in the revita lization of the designated Main Street project area of Dubuque Iowa; and Whereas, the City Council of Dubuque endorses the goal of economic revitalization of the designated Main Street District within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Approach™ as de- veloped by Main Street America and espoused by Main Street Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT 1. The City of Dubuque hereby agrees to support both financially and philosophically the work of Dubuque Main Street, designates the Main Street Board to supervise the Executive Director and commits to appoint a city official to represent the City on the local Main Street Board. The source of funds to support Dubuque Main Street will be from the City’s General Fund. Passed, approved, and adopted this 17th day of June 2019 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 27. DuRide Contracted Services Agreement for Fiscal Year 2020: City Manager rec- ommended execution of the Contracted Services Agreement with DuRide for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 15 28. Greater Dubuque Development Corporation Contracted Services Agreement for Fiscal Year 2020: City Manager recommended execution of the Contracted Services Agreement with the Greater Dubuque Development Corporation for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 29. Inclusive Dubuque Contracted Service Agreement for Fiscal Year 2020: City Attor- ney recommended execution of the Contracted Services Agreement with Inclusive Dubu- que for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 30. Operation: New View Community Acton Agency Contracted Service Agreement for Fiscal Year 2020: City Manager recommended execution of the Contracted Services Agreement with Operation: New View Community Action Agency for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 31. Project H.O.P.E. Contracted Services Agreement for Fiscal Year 2020 : City Attor- ney recommended execution of the Contracted Services Agreement with Project H.O.P.E. for Fiscal Year 2020. Upon motion the documents were received, filed and ap- proved. 32. Travel Dubuque Contracted Services Agreement for Fiscal Year 2020 : City Man- ager recommended execution of Contracted Services Agreement with Travel Dubu- que/Dubuque Area Convention and Visitors Bureau for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 33. Improvement Contracts / Performance, Payment and Maintenance Bonds : Main- line Excavating Co., Inc. for the 15 South Main Street Building Deconstruction Project . Upon motion the documents were received, filed and approved. 34. Signed Contract: St. Mark Youth Enrichment for use of the Multicultural Family Center (MFC) South at 1101 Central Avenue. Upon motion the documents were received and filed. 35. Alcohol and Tobacco License Applications: City Manager recommended approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed, and Resolution No. 234-19 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuq ue Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits ; and Resolution No. 235-19 Approving ap- plications for retail cigarette/tobacco sales/nicotine/vapor permits, as r equired by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 234-19 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 16 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: Renewal Adobo's Mexican Grill 756 Main St. Class C Liquor (Catering) (Out- door) American Legion Post #6 1306 Delhi St. Class C Liquor (Catering) (Out- door) (Sunday) Dubuque Bowling Lanes 1029 1/2 Main St. Class C Liquor (Sunday) Dubuque Museum of Art 701 Locust St. Class C Liquor Five Flags Center 405 Main St. Class C Liquor (Catering) (Sun- day) Hartig Drug Company #2 157 Locust St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Hy-Vee Wine & Spirits "A" 3500 Dodge St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Los Aztecas III Mexican Restaurant 2345 N.W . Arterial Class C Liquor (Outdoor) (Sunday) Neighborhood Quick Mart 690 W. Locust St. Class C Beer, Class B Wine (Sun- day) Ooh La La 3460 Hillcrest Rd. Class B Wine (WB) Paul's Tavern 176 Locust St. Class C Liquor (Sunday) Pioneers Rest Stop 4900 Old Highway Rd. Class C Beer (Sunday) Rotary Club of Dubuque 135 W. 8th St. Special Class C Liquor (Outdoor) (Sunday) The Smokestack 62 East 7th St. Class C Liquor (Living Qtr.) (Out- door) (Sunday) Walgreens #11942 345 E 20th St. Class E Liquor, Class B Wine, Class C Beer (Sunday) 17 Special Event(s) per Special Event Application Submittal National Mississippi River Museum and Aquarium 350 East 3rd St. Special Class C Liquor (Outdoor) New Downtown Billiards 1850 Central Ave. Class C Liquor Passed, approved, and adopted this 17th day of June 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 235-19 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales perm it. Business Name Business Address Super Stop IV 535 Hill St., Suite A Port of Dubuque Marina 450 East Third St. Neighborhood Quick Mart 690 W. Locust St. Fareway Stores #114 2050 John F. Kennedy Rd. Big 10 Mart #10 1875 John F. Kennedy Rd. Big 10 Mart #13 2100 John F. Kennedy Rd. Midwest Vapors 2600 Dodge St., Suite B4 My Cap Vendors 1855 Greyhound Park Rd. Jayde's Vapor Lounge 3220 Dodge St., #104 Pioneer's Rest Stop 4900 Old Hwy Rd. Sid's Beverage Store Inc. 2727 Dodge St. Passed, approved, and adopted this 17th day of June, 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Larson to receive and file the documents, adopt the resolutions, set the pub- lic hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 6-0. 18 1. Resolution of Intent to Dispose of City-Owned Property at 445 Loras Boulevard: City Manager recommended that the City Council set a public hearing for July 1, 2019 to con- sider the sale of City-owned property at 445 Loras Boulevard to Affordable Housing Net- work, Inc. (AHNI). Upon motion the documents were received and filed, and Resolution No. 236-19 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on July 1, 2019. RESOLUTION NO. 236-19 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET- TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 445 Loras Boulevard (the Property) legally described as: Lot 5 of the Subdivision of Out Lot 667 in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City acquired the Property by petition as an abandoned property f or the purpose of its restoration and re-sale for owner-occupied housing; and Whereas, Affordable Housing Network, Inc. will rehabilitate the property and sell it to an income qualified household for single family occupancy; and Whereas, conveying the Property to Affordable Housing Network, Inc. is consistent with the City goal of creating opportunities for affordable home ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The City Council shall conduct a public hearing on the proposed disposition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 1st day of July 2019 beginning at 6:00 p.m. Section 2. The City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 17th day of June 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS APPOINTMENTS Appointments were made to the following Boards/Commissions. 1. Airport Commission: One, 4-Year term through September 14, 2021 (Vacant term of Even). Applicant: Mariann Kurtz Weber, 955 Prince Phillip Dr. Motion by Shaw to ap- point Ms. Kurtz Weber to the 4-year term through September 14, 2021. Seconded by Del Toro. Motion carried 6-0. 2. Arts and Cultural Affairs Advisory Commission: Three, 3-Year terms through June 30, 2022 (Expiring terms of Armstrong, Levasseur, and Riedel). Applicants: Ryan Decker, 1192 Locust St. #3; Nicholas Halder, 876 S. Grand Avenue (Additional Application); Ali Levasseur, 1318 Jackson St.; Susan Riedel, 282 Kelly’s Bluff . Upon roll-call vote, Mr. 19 Decker, Ms. Levasseur, and Ms. Riedel were appointed to 3-year terms through June 30, 2022. (Decker = 5 Del Toro, Buol, Shaw, Jones, Larson; Halder 1 = Resnick; Levasseur = 6 Del Toro, Buol, Resnick, Shaw, Jones, Larson; Riedel = 6 Del Toro, Buol, Resnick, Shaw, Jones, Larson). 3. Civic Center Advisory Commission: Three, 3-Year terms through June 29, 2022 (Ex- piring terms of Bakke, Blau, and Huff). Applicants: Rod Bakke, 3030 Karen St.; McKenzie Blau, 1548 Pego Ct.; Nicholas Huff, 3075 Old Country Ct. Motion by Shaw to appoint Mr. Bakke, Ms. Blau and Mr. Huff to 3-year terms through June 29, 2022. Seconded by Del Toro. Motion carried 6-0. 4. Historic Preservation Commission: One, 3-Year term through July 1, 2022 (Expiring term Stuter; W. 11th Street District). Applicant: Charles Richard (Rick) Stuter, 1296 Prairie St. (Living within the West 11th District). Motion by Jones to appoint Mr. Stuter to the 3 - year term through July 1, 2022. Seconded by Resnick. Motion carried 6 -0. 5. Investment Oversight Advisory Commission: Two, 3-Year terms through July 1, 2022 (Expiring terms of Reisdorf and Ruden). Applicants: Stephen Reisdorf, 740 Brookview Sq.; Gary Ruden, Address verified - meets residency requirements. Motion by Resnick to appoint Mr. Reisdorf and Mr. Ruden to 3 -year terms through July 1, 2022. Seconded by Shaw. Motion carried 6-0. 6. Library Board of Trustees: Two, 4-Year terms through July 1, 2023 (Expiring terms of Maddux and Mullin). Applicants: Rachel Brook, 1241 Jackson St.; Victor Lieberman, 1575 Montrose Terrace; Kevin Mink, 831 Alta Vista; Pam Mullin, 2050 Mullin Rd. Upon Council concurrence, Mayor Buol appointed Mr. Lieberman and Ms. Mullin to 4 -year terms through July 1, 2023. 7. Park and Recreation Advisory Commission: Three, 3-Year terms through June 30, 2022 (Expiring terms of Kirkendall, McCoy, and Werner). Applicants: Robert McCoy, 265 Main St.; Ray Werner, 2595 Greeley St.; Hobie Wood, 65 Cambridge Ct. Motion by Shaw to appoint Mr. McCoy, Mr. Werner and Mr. Wood to 3-year terms through June 30, 2022. Seconded by Del Toro. Motion carried 6-0. 8. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2022 (Expiring term of Specht). Applicant: Leah Specht, 3248 Bittersweet Ln. Motion by Larson to appoint Ms. Specht to the 3-year term through July 1, 2022. Seconded by Del Toro. Motion carried 6-0. PUBLIC HEARINGS 1. Request to Rezone Lot 9 of Seippel Court: Proof of publication on notice of public hearing to consider approval of a request Bard Materials / Ben Schroeder to rezone Lot 9 Seippel Court from AG Agricultural Zoning District to MHI Modified Heavy Industrial Zoning District and the Zoning Advisory Commission recommended approval. Motion by 20 Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meet- ing at which it is to be passed be suspended. Seconded by Resnick. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 29-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property from AG Agricultural District to MHI Modified Heavy Industrial District. Seconded by Resnick. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 29-19 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM AG AGRICULTURAL DISTRICT TO MHI MODIFIED HEAVY IN- DUSTRIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to MHI Modified Heavy Industrial District, to wit: Lot 9 Seippel Road Commercial Park, and to the centerline of the adjoining public right-of-way, all in the city of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 17th day of June 2019. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of June 2019. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone 1961 Central Avenue: Proof of publication on notice of public hearing to consider approval of a request from Maximo Demaso to rezone property at 1961 Central Avenue from C-4 Downtown Commercial zoning district to OC Office Com- mercial Zoning District and the Zoning Advisory Commissio n recommending denial. Mo- tion 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 Council meetings prior to the meeting at which it is to be passed be suspended. Secon ded by Shaw. Planning Services Manager Laura Carstens provided a staff report. Motion failed 3-3 with Buol, Resnick and Jones voting nay. Motion by Larson to concur with the denial. Seconded by Jones. Motion carried 6 -0. 3. 3000 Jackson, LC/ First Amendment to Development Agreement (Dubuque Brewing & Malting Building): Proof of publication on notice of public hearing to consider approval of the First Amendment to the Development Agreement between the City of Dubuque and 21 3000 Jackson, LC for a capital investment at 3000-3040 Jackson Street, including the issuance of Tax Increment Revenue Obligations; and the City Manager recommended approval. Motion by Jones to receive and file the documents and adopt Resolution No. 237-19 Approving a First Amendment to Development Agreement by and between the City of Dubuque, Iowa and 3000 Jackson, LC including the issuance of Urban Renewal Tax Increment Revenue Obligations. Seconded by Larson. Dale Todd, Regional Director of Development for Hatch Development Group of Cedar Rapids, spoke in favor of the request on behalf of the developer and responded to questions from the Council regarding TIF funding, City financing and the historic tax credits needed to progress the project. City Manager Van Milligen provided information on the terms and types of tax credits and the terms of the Letter of Credit required to secure the City’s loan for the project. Motion carried 6-0. RESOLUTION NO. 237-19 APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BE- TWEEN THE CITY OF DUBUQUE, IOWA AND 3000 JACKSON, LC, INCLUDING THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS Whereas, the City Council, by Resolution No. 175-18, dated June 4, 2018, entered into a Development Agreement with 3000 Jackson, LC for the redeve lopment of 3000-3040 Jackson Street in the City of Dubuque, Iowa (the Property); and Whereas, the City Council, by Resolution No. 208-19, dated June 3, 2019, declared its intent to enter into a First Amendment to Development Agreement with 3000 Jackson, LC; and Whereas, pursuant to published notice, a public hearing was held on the proposed First Amendment to Development Agreement on June 17, 2019 at 6:00 p.m. in the City Council Chambers at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa.; and Whereas, it is the determination of the City Council that approval of the First Amend- ment to Development Agreement, for redevelopment of the Property by 3000 Jackson, LC according to the terms and conditions set out in the Development Agreement, as amended, including the issuance of tax increment revenue obligations, is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to Development Agreement by and between the City of Dubuque and 3000 Jackson, LC., a copy of which is attached hereto, including the issuance of urban renewal tax increment revenue obligations, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to ex ecute the Develop- ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 17th day of June, 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 22 PUBLIC INPUT Charlie Hunter, 2875 Argyle, speaking on behalf of his daughter Alexandra, requested an amendment to the City’s vicious animal ordinance due to a June 2, 2019 dog -on-dog attack where their Cocker Spaniel was attacked by two unleashed, unregistered neigh- boring Pit Bulls. They asked for stricter enforcement for registration, control of pets, and proof of vaccinations. Mayor Buol indicated that this could become discussion for the City’s Pet-Friendly Community Committee. ACTION ITEMS 1. Dubuque Metropolitan Area Transportation Study (DMATS) Transportation Improve- ment Program (TIP): Chandra Ravada, Director of Transportation, Planning and Transit Services for ECIA made a brief presentation on the Dubuque Metropolitan Area Trans- portation Study (DMATS) Transportation Improvement Program (TIP), significant projects and projects seeking funding. Motion to receive and file the documents. Seconded by Resnick. Motion carried 6-0. 2. Award of the 2019 Pavement Marking Project : City Manager recommended award of the 2019 Pavement Marking Project construction contract for the 2019 Pavement Mark- ing Project to the only bidder, SELCO, Inc. Motion by Del Toro to receive and file the documents and adopt Resolution No. 238-19 Awarding public improvement contract for the 2019 Pavement Marking Project. Seconded by Resnick. Motion carried 6-0. RESOLUTION NO. 238-19 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2019 PAVEMENT MARKING PROJECT Whereas, sealed proposals have been submitted by contractors for the 2019 Pave- ment Marking Project, (the Project) pursuant to Resolution No. 188-19 and Notice to Bid- ders published on the City of Dubuque website and in a contractor plan room service with statewide circulation on the 24th day of May 2019. Whereas, said sealed proposals were opened and read on the 6th day of June 2019 and it has been determined that SELCO, Inc. of Blue Grass, Iowa, with a bid in the amount of $119,740.23 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to SELCO, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 17th day of June 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Award of the Central Avenue (9th - 21st) Hot Mix Asphalt (HMA) Pavement Resur- facing Project: City Manager recommended award of the Central Avenue (9th - 21st) HMA Pavement Resurfacing Project construction contract to the low bidder, River City Paving. 23 Motion by Jones to receive and file the documents and adopt Resolution No. 239-19 Awarding public improvement contract for the US52 - Central Avenue (9th - 21st Streets) HMA Pavement Resurfacing Project. Seconded by Resnick. Motion carried 6-0. RESOLUTION NO. 239-19 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE US52 - CENTRAL AVE- NUE (9TH - 21ST) HMA PAVEMENT RESURFACING PROJECT Whereas, sealed proposals have been submitted by contractors for the US52 - Central Avenue (9th - 21st) HMA Pavement Resurfacing Project, (the Project) pursuant to Resolu- tion No. 187-19 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 24 th day of May 2019; and Whereas, said sealed proposals were opened and read on the 6th day of June 2019 and it has been determined that River City Paving of Kieler, Wisconsin, in the bid amount of $1,335,856.96, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to River City Paving and the City Manager is hereby directed to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 17th day of June 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Expansion of the Urban Revitalization District: City Manager recommended approval to develop a plan for expansion of the Urban Revitalization District program that would be submitted for City Council consideration at a future City Council meeting. Motion by Del Toro to receive and file the documents and adopt Resolution No. 240-19 Approving de- velopment of a plan for a new Urban Revitalization District. Seconded by Jones. Re- sponding to questions from the City Council, City Manager Van Milligen stated that a new boundary map would be forthcoming for City Council approval. Motion carried 6-0. RESOLUTION NO. 240-19 APPROVING A DEVELOPMENT OF A PLAN FOR A NEW URBAN REVITALIZATION DISTRICT Whereas, the City Council approves the development of a plan for a new Urban Revi- talization District that would expand the existing districts. The Urban Revitalization Pro- gram offers a property tax exemption for interior and exterior improvements that increase the tax assessment, and in turn the property taxes, for residential property and commer- cial property. Residential properties may receive a te n-year exemption from the property tax increase due to the improvements and commercial properties may receive a three - year exemption to encourage improvements long term property maintenance in these neighborhoods. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Direct City staff to develop a plan for a new urban revitalization district for City Council review and consideration. 24 Passed, approved, and adopted this 17th day of June 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Request for Work Session on Inclusive Dubuque Quarterly Report: City Manager recommended that the City Council schedule a work session for Monday, September 9, 2019 at 6:00 p.m. in the Council Chambers on the Inclusive Dubu que Quarterly Report. Motion by Del Toro to receive and file the documents and schedule the work session as recommended. Seconded by Resnick. No schedule conflicts were noted. Motion carried 6-0. CLOSED SESSION Motion by Jones to convene in closed session at 7:25 p.m. to discuss Pending Litiga- tion 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, and Attorney Les Reddick. Motion carried 6 -0. Having been updated by staff, upon motion the City Council reconvened in open ses- sion at 8:26 p.m. There being no further business, upon motion the City Council adjourned at 8:27 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk