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8 05 19 City Council Proceeding 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 August 5, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios (Joined at 5:37 p.m.), Shaw; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Project H.O.P.E. WORK SESSION PROJECT H.O.P.E. (Help Our People Excel) Peter Supple, Economic Opportunity Coordinator for the Community Foundation of Greater Dubuque conducted the work session. Topics included: • Mission statement; • Three impact areas: Academic achievement, equity and inclusion, economic opportunity; • Network partners; • Past successes: Re-engage Dubuque, Opportunity Dubuque, Vision to Learn, Green & Health Homes; • Current projects: Brain Health; Dubuque College Access Network (DCAN); Volunteer Income Tax Assistance (VITA); Washington Neighborhood Garden; • MIT Report: Bridging the American Divides: Work, Community & Culture; • Inter-related Challenges: finding skilled labor to fill openings, decreasing poverty rates, sharing benefits equally across races; • Key findings: o robust and complex workforce development and social services ecosystem.; o removing barriers to employment for current residents living in poverty; o Soft skills gap/employability skills, childcare, transportation, brain health, drug tests; o engagement & co-creation: community dialogue and co-creation; advancing equity; o moment in time presenting unique opportunity; • Next steps: Community press release, 20+ partners engaged, Business Leader Equity Cohort; Project H.O.P.E steering Committee; NICC Success Team Partnership; Major’s Implementation for Change; Dubuque WORKS. 2 Mr. Supple noted that the report can be obtain from the Community Foundation of Greater Dubuque and briefly responded to questions from the City Council. There being no further business, upon motion the City Council adjourned at 5:50 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 3 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on August 5, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Eagles Eyes on the Future was accepted by Michael Duehr, Chairperson for the Eagles Eyes on the Future Committee, and recipient Andrew Timmerman. 2. Health Center Week (August 4-10, 2019) was accepted by Gary Collins, CEO of the Crescent Community Health Center. CONSENT ITEMS For the record, the City Clerk announced changes to the documentation for Consent Item No. 10. Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Sha w. Brad Cavanaugh, 565 Fenelon Pl., requested Item No. 7 be held for separate discussion. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council Proceedings of 7/15, 7/16; Civil Service Commission of 7/22; Community Development Advisory Commission of 6/19; Library Board of Trustees Council Update #184 of 7/25; Proof of Publication for City Council Proceedings of 7/1, 7/15, 7/16; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 6/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: David and Connie Cole for property damage; Dave Hubanks for vehicle damage; Mason Kobliska for vehicle damage; Robert Monthey for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 4 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 Assurance Pool: David and Connie Cole for property dam age, Dave Hubanks for vehicle damage, Mason Kobliska for vehicle damage, Robert Monthey for vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommending City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 268-19 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. 268-19 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 attached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque h as 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 requested by designated requisitioning authorities in accordance with approved budget appropriations. 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 disbursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Fund Transfers for Special Assessments Collected in Fiscal Year 2019 : City Manager recommending approval of the suggested proceedings pursuant to Iowa 5 Administrative Rules Code §545-2.5(5) for approving a transfer of funds for special assessments to the funds that incurred the expenses for the projects. Upon motion the documents were received and filed, and Resolution No. 269-19 Authorizing the Director of Finance and Budget to make the appropriate interfund transfers of sums and record the same in the appropriate manner for FY2019 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 269-19 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET TO MAKE THE APPROPRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE APPROPRIATE 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 a ll transfers of moneys from one budgeted fund to another budgeted fund as provided 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 the Special Assessments Special Revenue Fund to the Street Construction Fund $116.79 to reimburse previously assessed street improvements. 2. Transfer from the Special Assessments Special Revenue Fund to the Sales Tax Increment Fund $10,648.56 to reimburse previously assessed street improvements. 3. Transfer from the Special Assessments Special Revenue Fund to t he General Fund $487.60 to reimburse previously assessed sidewalk improvements. 4. Transfer from the Special Assessments Special Revenue Fung to the Water Operating Enterprise Fund $246.24 to reimburse previously assessed water improvements. Passed, approved and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Quarterly Investment Report for June 30, 2019: City Manager submitting the Quarterly Investment Report for the period April 1, 2019 through June 30, 2019. Upon motion the document was received and filed. 7. Dubuque County Food Policy Council: Mayor Buol recommending that correspondence from the Dubuque County Food Policy Council (DCFPC) requesting funding allocation from the City for community food systems development grants match and for a City Council representative on the DCFPC be considered at the City Council Goal Setting August 12-14, 2019. Motion by Resnick to receive and file the documents. 6 Seconded by Shaw. Brad Cavanaugh, 565 Fenelon Pl.; and Mikayla Freiburger, 1718 Diane Ct., spoke in support of funding for the initiative and cited its connection to City Council goals and the Comprehensive Plan. Motion carried 7 -0. 8. Civil Service Commission - Certified Lists: Civil Service Commission submitting certified lists for the positions of Account Clerk I, Animal Control Officer, and Water and Resource Recovery Center Plant Operator. Upon motion the documents were received, filed and made a Matter of Record. July 22, 2019 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an entrance examination for the position of Account Clerk I was administered on July 2, 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. Account Clerk I 1. Janelle Wilwert, 2. Cindy Wilharm, 3. Christy Gotto, 4. Roberta Potter-Kratz, 5. Lisa Sommer, 6. Jennifer Welsh, 7. Emily Helbing, 8. Ellen Ernst, 9. Robin Gifford, 10. David Hanson, 11. Derek Collum, 12. Chad Hagge, 13. Kerry Rogers, 14. Joyce Bonifas, 15. Brian Kirk, 16. Alison Galle, 17. Alicia Borozo-Marcotte, 18. Paula Hardin, 19. Vickie Hickson, 20. Jodi Arensdorf, 21. Brandi Baumhover, 22. Ann Murphy, 23. Stephanie Wulfekuhle, 24. Charles Harris, 25. Dawn Carr, 26. Vanessa Beckman Respectfully submitted, /s/Dan White, Chairman Civil Service Commission July 22, 2019 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a written examination for the position of Animal Control Officer was administered on June 25, 2019. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be filled from this list and that this list is good for one (1) year from above date. Animal Control Officer 1. McKinzie Flanagan, 2. Carroll Clark, 3. Jenny Cook Respectfully submitted, /s/Dan White, Chairman Civil Service Commission July 22, 2019 Honorable Mayor and Members of the City Council 7 In accordance with Chapter 400 of the Code of Iowa, an entrance examination for the position of Water and Resource Recovery Center Plant Operator was administered on July 10, 2019. We hereby certify that the individuals listed below have passed this examination and the vacancy for this position should be f illed from this list and that this list is good for one (1) year from above date. Water and Resource Recovery Center Plant Operator 1. Luke Meadows, 2. Nicholas Connolly, 3. Jeff Horn, 4. Justin Licht, 5. Larry Hoppman, 6. Brian Kirk, 7. Colton Arthofer, 8. Douglas Buls, 9. Levi Jasper, 10. Brandon Maro, 11. Jeffrey Davis, Jr., 12. Brad Petitgout, 13. Marty Kass, 14. Cole Kearney Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 9. Acceptance of Grants of Easements for Water Main and Sanitary Sewer Utilities - Marquette Place: City Manager recommending acceptance of a Grant of Easement for water main and sanitary sewer utilities across property owned by Christopher M. Hefel on Marquette Place as part of the Marquette Place Street Water Main and Sanitary Sewer Reconstruction Project. Upon motion the documents were received and filed, and Resolution No. 270-19 Accepting a Grant of Easement for Certain Public Utilities Associated with the Marquette Place Sanitary Sewer and Water Main Reconstruction Project in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 270-19 ACCEPTING A GRANT OF EASEMENT FOR CERTAIN PUBLIC UTILITIES ASSOCIATED WITH THE MARQUETTE PLACE SANITARY SEWER & WATER MAIN RECONSTRUCTION PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Christopher M. Hefel, has executed a Grant of Easement for Water Main and Sanitary Sewer Utility across Part of Lot 1 of Hefel Place, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Water Main and Sanitary Sewer Utility, across the property as listed above, in the City of Dubuque, Iowa from the property owner as listed above, copies of which are 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. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with said Grant of Easement for Water Main and Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8 10. Acceptance of 15 South Main Street Building Deconstruction Project: City Manager recommending acceptance of the public improvement construction contract for Bid Package 1 related to 15 South Main Street Building Deconstruction Project as completed by Mainline Excavating Co., Inc. Upon motion the documents were received and filed, and Resolution No. 271-19 Accepting the 15 South Main Street Building Deconstruction Project and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 271-19 ACCEPTING THE 15 SOUTH MAIN STREET BUILDING DECONSTRUCTION PROJECT AND AUTHORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 15 South Main Street Building Deconstruction Project (the Project) has been completed by the Contractor, Mainline Excavating Co. Inc. of Dubuque, IA (Contractor), and the City Engineer has examined the work and signed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $33,999.00; and Whereas, the Contractor has previously been paid $32,979.03, leaving a balance of $1,019.97; 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 THAT: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 15 South Main Street Building Deconstruction Project CIP appropriations for the contract amount of $33,999.00 less any retained percentage provided for therein as provided in Iowa Code. Section 3. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $1,019.97 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 15 SOUTH MAIN STREET BUILDING DECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 15 South Main Street Building Deconstruction Project, and that the Project has been completed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $37,759.76. Dated this 5th day of August 2019. /s/Gus Psihoyos, City Engineer 9 Filed in the office of the City Clerk on the 5th day of August 2019. /s/Kevin Firnstahl, City Clerk 11. North Cascade Road Developers, LLC Properties Right -of-Way Plat and Dedication for North Cascade Road Reconstruction Project: City Manager recommending approval of the Acquisition Plats of Lot A of Lot F of Timber -Hyrst Estates No. 4 and Lot A of Lot G of Timber-Hyrst Estates No. 4 in the City of Dubuque, and acceptance of the dedication of said lots for right-of-way needed for the North Cascade Road Reconstruction Project from the bridge over Catfish Creek to Edval Lane. Upon motion the documents were received and filed, and Resolution No. 272-19 Approving the Acquisition Plats of Lot A of Lot F of Timber-Hyrst Estates No. 4 and Lot A of Lot G of Timber-Hyrst Estates No. 4 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 272-19 APPROVING THE ACQUISITION PLATS OF LOT A OF LOT F OF TIMBER-HYRST ESTATES NO. 4 AND LOT A OF LOT G OF TIMBER-HYRST ESTATES NO. 4, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated February 15, 2019 prepared by The City of Dubuque Engineering Department describing Lot A of Lot F of Timber-Hyrst Estates No. 4, in the City of Dubuque, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated February 15, 2019 prepared by The City of Dubuque Engineering Department describing Lot A of Lot G of Timber-Hyrst Estates No. 4, in the City of Dubuque, Iowa; and Whereas, Lot A of Lot F of Timber-Hyrst Estates No. 4, in the City of Dubuque, Iowa is designated as Project Parcel 4 on said Acquisition Plat dated February 15, 2019 prepared by The City of Dubuque Engineering Department; and Whereas, Lot A of Lot G of Timber-Hyrst Estates No. 4, in the City of Dubuque, Iowa is designated as Project Parcel 3 on said Acquisition Plat dated February 15, 2019 prepared by The City of Dubuque Engineering Department; and Whereas, said plats conform to the laws and statutes pertaining thereto; and Whereas, upon said plats appear Lot A of Lot F, and Lot A of Lot G, which North Cascade Road Developers, LLC, by said plat have dedicated to the public fore ver; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The plats dated February 15, 2019 prepared by The City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same are hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plats and on behalf of the City of Dubuque, Iowa. Section 2. The dedication of Lot A of Lot F of Timber-Hyrst Estates No. 4, in the City of Dubuque, Iowa, for Right of Way purposes, as it appears on said Acquisition Plat, be and the same is hereby accepted. Section 3. The dedication of Lot A of Lot G of Timber-Hyrst Estates No. 4, in the City of Dubuque, Iowa, for Right of Way purposes, as i t appears on said Acquisition Plat, be and the same is hereby accepted. 10 Section 4. The City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. McFadden Family Farm Partnership LLP Property Right-of-Way Plat and Dedication: City Manager recommending approval of the Acquisitio n Plat of Lot 1A of McFadden Farm Place #2, in the City of Dubuque, Iowa, and acceptance of the dedication of said lot, which provides additional right-of-way needed for the future Pennsylvania Avenue and Radford Road Intersection Improvements Project. Upon motion the documents were received and filed, and Resolution No. 273-19 Approving the Acquisition Plat of Lot 1A of McFadden Farm Place #2 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 273-19 APPROVING THE ACQUISITION PLAT OF LOT 1A OF MCFADDEN FARM PLACE #2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated April 4, 2019 prepared by The City of Dubuque Engineering Department describing Lot 1A of McFadden Farm Place #2, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 1A, which McFadden Family Farm Partnership, LLP, by said plat have dedicated to the public forever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The plat dated April 4, 2019 prepared by The City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. The dedication of Lot 1A of McFadden Family Farm Place #2, in the City of Dubuque, Iowa, for Right of Way purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. The City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. John F. Kennedy Road and NW Arterial City Sidewalk Installation : City Manager providing information on the installation of approximately 75 feet of sidewalk for a portion of Iowa Department of Transportation right-of-way on the southeast corner of John F. Kennedy Road and Northwest Arterial. Upon motion the documents were received and filed. 11 14. BVM-PHS Senior Housing, Inc. Development Sanitary Sewer Construction Memorandum of Agreement at Mt. Carmel Campus : City Manager recommending approval of the Sanitary Sewer Construction Memorandum of Agreement with BVM -PHS Senior Housing, Inc. that is required to begin construction on a proposed sanitary sewer extension to serve the existing Mother House building and the new skilled nursing, assisted living and memory care facilities at the Mt. Carmel Campus. Upon motion the documents were received and filed, and Resolution No. 274-19 Approving a Sanitary Sewer Construction Memorandum of Agreement between the City of Dubuque, Iowa and BVM/PHS Senior Housing, Inc. was adopted. RESOLUTION NO. 274-19 APPROVING A SANITARY SEWER CONSTRUCTION MEMORANDUM OF AG REEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND BVM-PHS SENIOR HOUSING, INC. Whereas, the City of Dubuque is party to a Sanitary Sewer Construction Memorandum of Agreement with BVM-PHS Senior Housing, Inc.; and Whereas, per the Memorandum of Agreement, BVM-PHS Senior Housing Inc. would construct a private sanitary sewer extension from the BVM Phase 1 facilities to Julien Dubuque Drive; and Whereas, per the Memorandum of Agreement, the City will construct a public sewer from the existing sewer serving Shady Oaks to the private BVM-PHS sewer along Julien Dubuque Drive; and Whereas, BVM-PHS Senior Housing, Inc., has executed the Sanitary Sewer Construction Memorandum of Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: The Sanitary Sewer Construction Memorandum of Agreement attached hereto is hereby approved. Passed, approved, and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. Awarding the West Third Pumping Sta tion Standby Generator 2018 Project: City Manager recommending that the award for the West Third Pumping Station Standby Generator 2018 Project to A&G Electric be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 16. Awarding the Grand River Center Meeting Rooms Carpet Replacement Project : City Manager recommending that the award for the Grand River Center Meeting Rooms Carpet Replacement Project to Commercial Flooring be off icially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 17. Awarding Grand River Center Exhibit Hall Carpet Replacement Project: City Manager recommending that the award for the Grand River Center Exhibit Hall Carpet 12 Replacement Project to Commercial Flooring be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 18. Awarding Dubuque Montessori Parking Lot Asphalt Paving Project: City Manager recommending that the award for the Dubuque Montessori Parking Lot Asphalt Paving Project to River City Paving be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 19. Request for Proposals for Consolidated Plan and Analysis of Impediments : City Manager recommending approval of the Request for Proposal for the 2021 -2025 Consolidated Plan and Analysis of Impediments. Upon motion the documents were received, filed and approved. 20. AmeriCorps Partners in Learning and Dubuque Healthy Futures Grant Awards 2019-2020: City Manager transmitting information about the approved funding from Volunteer Iowa and the Corporation for National and Community Service for AmeriCorps Partners in Learning for Program Year 2019-2020. Upon motion the documents were received, filed and approved. 21. Healthy Homes and Childhood Lead Poisoning Prevention Program Contract/Subcontracts: City Manager recommending approval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Program, and a renewed agreement with the Dubuque Visiting Nurse Association for services related to the Childhood Lead Poisoning Prevention Program and Healthy Homes Program. Upon motion the documents were received, filed and approved. 22. Visiting Nurse Association (VNA) / HUD Lead Hazard Control and Healthy Homes Funding Agreement: City Manager recommending approval of a Subcontract with the Dubuque Visiting Nurse Association for services related to the U.S. Department of Housing and Urban Development (HUD) Lead Hazard Control and Healthy Homes Program. Upon motion the documents were received, filed and approved. 23. Continuum of Care Program Renewal Application: City Manager recommending authorization of a one-year renewal application to the U.S. Department of Housing & Urban Development (HUD) for the administration of the Continuum of Care Special Needs Assistance Program, which provides rental assistance to homeless persons with disabilities. Upon motion the documents were received and filed, and Resolution No. 275- 19 Authorizing the Mayor to execute and application for the Continuum of Care grant and authorizing the Director of Housing and community Development and the City Manager to approve the application was adopted. RESOLUTION NO. 275-19 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE CONTINUUM OF CARE GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING 13 AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the U.S. Department of Housing and Urban Development has published the availability of the Continuum of Care grant for the Collaborative Applicants including the Iowa Balance of the Continuum of Care; and Whereas, the U.S. Department of Housing and Urban Development will publish the availability of the Continuum of Care grant for the Project Applicants including the City of Dubuque Phoenix Housing Project; and Whereas, the City of Dubuque has administered the Continuum of Care grant since 2007; and Whereas, the City of Dubuque proposes to continue administering the Continuum of Care grant to assist homeless, disabled persons with permanent supportive housing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA THAT: Section 1: The Mayor is hereby authorized and directed to submit an application to HUD for the Continuum of Care program grant; and Section 2: The Director of Housing and Community Development and the City Manager are hereby authorized to approve the application that is submitted to HUD. Section 3: The City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agency in a timely fashion and as required by U. S. Department of Housing and Urban Development. Passed, approved and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. 2019 Justice Assistance Grant (JAG) Application: City Manager recommending approval of the 2019 Justice Assistance Grant (JAG) application. Upon motion the documents were received, filed and approved. 25. Preparation of the 509A Certification for the Self-Funded Health Plan: City Manager recommending approval to continue using Insurance Strategies Consulting to prepare the 509A Certification for the City of Dubuque’s Self-Funded Health Plan and approval of the Services Engagement Letter. Upon motion the documents were received, filed and approved. 26. Gallagher Benefit Services Renewal Proposal: City Manager recommending approval of the Amendment to the Administrative Services Agre ement with Gallagher Benefit Services, Inc. for benefit and actuarial services effective July 1, 2019 through June 30, 2020; and authorization for the City Manager to sign the Amendment. Upon motion the documents were received, filed and approved. 27. Purchase of Services Agreement - Dubuque Dream Center: City Manager recommending approval of a Purchase of Services Grant Agreement with Dubuque Dream Center for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 14 28. Purchase of Services Agreement - East Central Development Corporation: City Manager recommending approval of a Purchase of Services Grant Agreement with East Central Development Corporation for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 29. Purchase of Services Agreement - Fountain of Youth: City Manager recommending approval of a Purchase of Services Grant Agreement with the Fountain of Youth Program for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 30. Purchase of Services Agreement - Four Oaks Family and Children's Services: City Manager recommending approval of a Purchase of Services Grant Agreement with Four Oaks Family and Children's Services for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 31. Purchase of Services Agreement - Lutheran Services in Iowa: City Manager recommending approval of a Purchase of Services Grant Agreement with Lutheran Services of Iowa for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 32. Purchase of Services Agreement - Opening Doors: City Manager recommending approval of a Purchase of Services Grant Agreement with Opening Doors for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 33. Purchase of Services Agreement - Retired & Senior Volunteer Program: City Manager recommending approval of a Purchase of Services Grant Agreement with Retired & Senior Volunteer Program for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 34. Purchase of Services Agreement - Riverview Center: City Manager recommending approval of a Purchase of Services Grant Agreement with the Riverview Center for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 35. Purchase of Services Agreement - St. Mark Youth Enrichment: City Manager recommending approval of a Purchase of Services Grant Agreement with St. Mark Youth Enrichment for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 36. Signed Contract(s): Eastern Iowa Asphalt Maintenance, Inc. for resurfacing and re- striping six surface parking lots; Blackstone Environmental for West Blum Site 1 Clean Up and conceptual Facilities Planning. Upon motion the documents were received and filed. 37. Improvement Contracts / Performance, Payment and Maintenance Bonds : Floor Show Companies for the Grand River Center First-Floor Concourse Carpet Replacement Project. Upon motion the documents were received, filed and approved. 15 38. 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. 276-19 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 Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 276-19 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 LIQUOR, 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 THAT: 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 Bell Tower Productions 2728 Asbury Rd. Special Class C Liquor (Sunday) Casey's General Store #2420 2699 Rockdale Rd. Class E Liquor, Class B Wine, Class B Native Wine, Class C Beer (Sunday) Casey's General Store #2421 4003 Peru Rd. Class E Liquor, Class B Wine, Class B Native Wine, Class C Beer (Sunday) Shannon's Bar & Grill 521 E 22nd St. Class C Liquor (Sunday) Super Stop II 700 Rhomberg Ave. Class E Liquor, Class B Wine, Class C Beer (Sunday) Adding a Privilege Main Street Social 123 Main St. Adding Permanent Outdoor Service Grand River Center 500 Bell St. Adding Permanent Outdoor Service Passed, approved, and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING 16 Motion by Shaw to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Del Toro. Motion carried 7-0. 1. Vacating a Grant of Easement for Water Main and Sanitary Sewer for Marquette Place: City Manager recommending the City Council set a public hearing for August 19, 2019, for the vacating of a Grant of Easement for Water Main and Sanitary Sewer Utilities over Lot 1 of Hefel Place owned by Christopher M. Hefel, as part of the Marquette Place Street Sanitary Sewer and Water Main Reconstruction Project. Upon motion the documents were received and filed and Resolution No. 277-19 Resolution of Intent to vacate and dispose of City Interest in a Grant of Easemen t for Water Main and Sanitary Sewer Utilities over and across Lot 1 of Hefel Place in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on August 19, 2019 in the Historic Federal Building. RESOLUTION NO. 277-19 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A GRANT OF EASEMENT FOR WATER MAIN AND SANITARY SEWER UTILITIES OVER AND ACROSS LOT 1 OF HEFEL PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, Christopher M. Hefel is the current owner of Lot 1 of Hefel Place, in the City of Dubuque, Dubuque County, Iowa; and Whereas, an Easement for Water Main and Sanitary Sewer Utilities over a portion of Lot 1 of Hefel Place was granted to and accepted by the City of Dubuque according to Instrument No. 2019-00002781 and recorded in the office of the Dubuque County Recorder; and Whereas, in the Spring of 2019, Christopher Hefel had granted the above said water main and sanitary sewer utilities easement over the property based on the original design alignment for the Marquette Place Sanitary Sewer and Water Main Reconstruction Project; and Whereas, during the course of said reconstruction project, the water main and sanitary sewer alignment was revised so as to have less of an impact on Hefel’s lot improveme nts, including a retaining wall and deck; and Whereas, the property owner has granted a new utility easement over the revised water main and sanitary sewer alignment area ; and Whereas, the City is responsible for vacating the former easement area through t he Hefel property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City of Dubuque, intends to vacate and dispose of its interest in the public utility easement across a portion of Lot 1 of Hefel Place in the City of Dubuque, Dubuque County, Iowa, included in the Grant of Easement, Instrument No. 2019 - 00002781, and as shown on the attached Exhibit A. Section 2. A public hearing on the intent to vacate and dispose of City interest in the grant of water main and sanitary sewer utilities easement across portions of Lot 1 of Hefel Place in the City of Dubuque, Dubuque County, Iowa, is hereby set for the 19 th day of August 2019, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, 17 beginning at 6:00 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate and dispose of said interest to be published in the manner as prescribed by law. Passed, approved and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Westside Water System Fire Hydrant Installation Project: City Manager recommending initiation of the public bidding procedure for the Westside Water System Fire Hydrant Installation Project, and further recommends that a public hearing be set for August 19, 2019. Upon motion the documents were received and filed and Resolution No. 278-19 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; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on August 19, 2019 in the Historic Federal Building. RESOLUTION NO. 278-19 THE WESTSIDE WATER SYSTEM FIRE HYDRANT INSTALLATION PROJECT 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; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Westside Water System Fire Hydrant Installation Project in the amount of $234,967, are hereby preliminarily approved and ordered filed in the office of the City Clerk for pu blic inspection. Section 2. A public hearing will be held on the 19th day of August 2019, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6 th Street, Dubuque, Iowa, at which time interested persons may appear and be hea rd for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper hav ing 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 estimated cost of the Project. Section 3. The Westside Water System Fire Hydrant Installation project is hereby ordered to be advertised for bids for construction. Section 4. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. Section 5. The City Clerk is hereby directed to advertise for sealed bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with 18 statewide circulation, which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 22nd day of August 2019. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 3 rd day of September 2019, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeting. 1. Housing Trust Fund Advisory Committee: One, 3-Year term through August 17, 2022 (Expiring term of Walsh). Applicant: Dorothy Schwendinger, 3390 Windsor Ave. Appointment was made to the following Commission. 2. Housing Commission: One, 3-Year term through August 17, 2022 (Vacant term of Babinat). Applicants: David Wall, 1710 ½ White St.; Richard Baumhover, 601 Garfield Ave. Upon roll call vote, Mr. Baumhover was appointed to the 3-year term through August 17, 2022 (Baumhover = Shaw, Jones, Larson, Buol, Del Toro. Wall = Resnick, Rios) PUBLIC HEARINGS 1. Eagle Point Park Environmental Restoration Project Phase 1 - Turf Conversion and Soil Quality Management: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Park Environmental Restoration Project Phase 1 - Turf Conversion and Soil Quality Management; and the City Manager recommending approval. Motion by Larson to receive and file the documents and adopt Resolution No. 279-19 Approval of plans, specifications, form of contract, and estimated cost for the Eagle Point P ark Environmental Restoration Project (Phase 1) Turf Conversion and Soil Quality Restoration (SQR). Seconded by Jones. Leisure Services Manager Marie Ware and Planning Services Manager Laura Cartsens responded to questions regarding the possibility of and timing of controlled burns with native plant material in the park and preventing soil erosion. Motion carried 7-0. RESOLUTION NO. 279-19 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE EAGLE POINT PARK ENVIRONMENTAL RESTORATION PROJECT: (PHASE 1) TURF CONVERSION AND SOIL QUALITY RESTORATION (SQR) 19 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O F DUBUQUE, IOWA THAT: That the proposed plans, specifications, form of contract and estimated cost for the Eagle Point Park Environmental Restoration Project: (Phase 1) Turf Conversion and Soil Quality Restoration (SQR), in the estimated cost of $300,247.50, are hereby approved. Passed, approved and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Dupaco Voices, LLC Mutual Easement Agreement: Proof of publication on notice of public hearing to consider approval of the disposal of the City’s interest in property related to Dupaco Voices, LLC (900 Jackson Street) by Grants of Easements as provided in a Mutual Easement Agreement, and the City Manager recommending approval. Motion by Jones to receive and file the Documents and adopt Resolution No. 280-19 Approving the Mutual Easement Agreement for the Millwork District and the Grant of Easement between the City of Dubuque, Iowa (City) and Dupaco Voices, LLC (Dupaco). Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 280-19 APPROVING THE MUTUAL EASEMENT AGREEMENT FOR THE MILLWORK DISTRICT AND THE GRANT OF EASEMENTS BETWEEN THE CITY OF DUBUQUE, IOWA (CITY) AND DUPACO VOICES, LLC (DUPACO) Whereas, Dupaco is the owner of a tract of land known commonly as the Vo ices Building and legally described as: Lot 1 of Wilmac Place in the City of Dubuque, Iowa (hereinafter referred to as the "Dupaco Parcel"); and Whereas, a building encroachment on Jackson Street and dock encroachment on Washington Street located on the Dupaco Parcel encroach upon the City right of way area in three locations, identified in Detail 1, 2, and 7 on Exhibit A attached hereto and by this reference made a part hereof (the “Dupaco Encroachments”); and Whereas, City desires to grant to Dupaco an easement for the Dupaco Encroachments; and Whereas, City has placed benches and bike posts, planters, trash cans and similar items within the Dupaco Easement Area shown on Exhibit A (the “City Encroachments”); and Whereas, Dupaco desires to grant City an easement for the City Encroachments; and Whereas, Dupaco and City have tentatively agreed to the Mutual Easement Agreement and the Grants of Easements attached hereto granting to Dupaco an easement for the Dupaco Encroachments and granting to City an easement for the City Encroachments; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on July 15, 2019 at 6:00 p.m. in the Historic Federal building, 350 W. 6th street, Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: 20 Section 1. The City Council approves the Mutual Easement Agreement and the Grant of Easements attached hereto granting to Dupaco an easement for the Dupaco Encroachments and granting to City an easement for the City Encroachments. Section 2. The City Council accepts the grant to City for the City Encroachments. Section 3. The Mayor is authorized and directed to sign the Mutual Easement Agreement and the Grant of Easements on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Sky Blue Housing Urban Renewal Area: Proof of publication on notice of public hearing to consider approval of an Urban Renewal Plan for the Sky Blue Housing Urban Renewal Area and the City Manager recommending approval. Motion by Larson to receive and file the documents and adopt Resolution No. 281-19 Approving the Urban Renewal Plan for the Sky Blue Housing Urban Renewal Area . Seconded by Del Toro. Responding to questions from the City Council, City Attorney Brumwell state d that an easement has been reserved for access to a future park. Motion carried 7-0. RESOLUTION NO. 281-19 APPROVING THE URBAN RENEWAL PLAN FOR THE SKY BLUE HOUSING URBAN RENEWAL AREA Whereas, by Resolution 250-19 approved on July 1, 2019, the City Council of the City of Dubuque, Iowa authorized the preparation of an Urban Renewal Plan (the "Plan") for the Sky Blue Housing Urban Renewal Area (the "Area"); and Whereas, the City of Dubuque's primary objective for the Plan is to provide public improvements related to housing and residential development and provide housing opportunities, including assistance for low and moderate income family housing, which will further economic development purposes and objectives as described in the Plan in the Area; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the Iowa statutes require the City Council to submit the proposed Plan to the City’s Long Range Planning Commission for review and recommendation as to its conformity with the general plan for development of the City as a whole, prior to City Council approval thereof; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF DUBUQUE, IOWA THAT: Section 1. The Urban Renewal Plan for the Sky Blue Housing Urban Renewal Area is hereby approved; that a feasible method exists for the location of any families who will be displaced from the District into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; and that the Plan conforms to the general plan of the City as a whole. 21 Section 2. The Sky Blue Housing Urban Renewal Area is an economic development area within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 3. The acquisition of land within the Urban Renewal Area by the City is not immediately expected, however, as to any areas of open land to be acquired by the City included within the Urban Renewal Area, the Sky Blue Housing Urban Renewal Area is to be developed for residential uses, and that this City Council hereby determines that a shortage of housing of sound standards and design with decency, safety and sanitation exists within the City; that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; and that one or more of the following conditions exist: a. That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area. b. That conditions of blight in the municipality and the shortage of decent, safe and sanitary housing cause or contribute to an increase in and spread of disease and crime, so as to constitute a menace to the public health, safety, morals, or welfare. c. That the provision of public improvements related to housin g and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. d. The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families. Section 4. Notwithstanding any resolution, ordinance, plan, amendment or any other document, the Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Section 5. The City Clerk of the City of Dubuque, Iowa is hereby au thorized and directed to file a certified copy of this Resolution and the Plan in the office of the Dubuque County Auditor. Passed, approved and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Robert Kimble, 2519 Washington St., lead public input supporting adding funding of the Dream Center to the City Council’s priorities. Stacy Hoskins, 1860 North Ct.; Lauren Jones, 2743 Ventura #5; Erica Nelson, 821 Althauser St.; Savanah Sheffler, 2173 Sunnslope; Gabby Sullivan, 1426 Wingate; Eric Hillary, 7722 Hwy 52 S.; Sharon Kress, 2527 Hacienda Ct.; Latoya McCauley, 2219 Washington; Heather Graham, 2756 Meadowood Dr.; Tom Unsen, 2240 Prince St.; Chad Chandlee, 897 Mt. Carmel, all spoke in support of the request. 22 Lisa Johnson of FIDO of Dubuque, 206 Southgate Dr.; and Ray Werner, 259 Greeley St.; spoke about the pet-friendly community assessment on the upcoming Action agenda requesting more space and amenities for pets and opening more parks to allow pets. ACTION ITEMS 1. Award Chavenelle Road Hike/Bike Trail Phase I Project : City Manager recommending award of the construction contract for the Chavenelle Road Hike/Bike Trail Phase I Project to the low bidder, Midwest Concrete, Inc., subject to Iowa Department of Transportation approval. Motion by Resnick to receive and file the documents and adopt Resolution No. 282-19 Awarding public improvement contract for the Chavenelle Road Hike-Bike Trail - Phase 1 Project Iowa DOT Project No. EDP 2100(695)--7Y-31. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 282-19 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CHAVENELLE ROAD HIKE-BIKE TRAIL – PHASE 1 PROJECT IOWA DOT PROJECT NO. EDP-2100(695)— 7Y-31 Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 16th day of July 2019 and it has been determined that Midwest Concrete, Inc. of Peosta, IA, with a bid in the amount of $638,840.15 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 Midwest Concrete, Inc., subject to the concurrence by Iowa Department of Transportation (Iowa DOT), 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 this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Dubuque Pet-Friendly Community Assessment: City Manager transmitting the Dubuque Pet-Friendly Community Assessment. Motion by Larson to receive and file and deliberate. Seconded by Shaw. City Council discussion included comparing pet parks and amenities with other cities; enforcement of existing laws by Animal Control Officers; considering citizens who are not in favor of additional pet services; allowing the Park and Recreation Advisory Commission to engage their process for a Council recommendation; and instituting certain deliverables from the assessment sooner. Responding to questions from the City Council, City Manager Van Milligen and Health Services Manager Mary Rose Corrigan stated that an RFP could be developed in anticipation of the PetData contract ending and in light of several complaints received from pet owners regarding unsatisfactory service from Pet Data. Motion carried 7 -0. 3. Code of Ordinances Amendment - Title 9 Residential Parking Permit Program - Issuance of Parking Permits: City Manager recommending an amendment to City of 23 Dubuque Code of Ordinance Section 9 -14-321.725(A): Issuance of Residential Parking Permit that amends the issuance of residential and guest parking permits. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 34-19 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.725 Issuance of Residential Parking Permits. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 34-19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHICLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 9-14-321.725 ISSUANCE OF RESIDENTIAL PARKING PERMIT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.725 of the City of Dubuque Code of Ordinances is amended to read as follows: 9-14-321.725: ISSUANCE OF RESIDENTIAL PARKING PERMIT: A. A residential parking permit shall be issued upon the applicant's payment of the annual residential parking permit fee and submission of a completed residential parking permit application. A separate parking permit fee and application is required for each motor vehicle the applicant parks curbside within the district. Not more than four (4) residential parking permits shall be issued to each dwelling unit. Not more than two (2) guest parking permits shall be issued to each dwelling unit within a residential parking permit district. Residential parking permits and guest parking permits shall be issued for an annual fee established by the City Manager which shall be used to offset the cost of operation and administration of the Residential Parking Permit Program. Permit fees ar e not refundable or eligible for proration. The owner of a nonresidential building in a parking permit district which was formerly a residential building may apply for residential parking permits as provided herein. The number of permits which may be issued for such nonresidential building shall be limited to the number of permits that would have been available when the building was used for residential purposes. B. The residential parking permit shall be permanently affixed to the inside bottom left corner of the front windshield. Guest permits shall be prominently displayed. Vehicles not equipped with a front windshield shall permanently affix the permit in a prominent location. C. No residential parking permit shall be issued for a vehicle whose owner or principal operator is not a resident in the designated residential parking permit district. 24 D. The applicant for, and holder of, the residential parking permit shall be the owner or principal operator of the vehicle receiving the parking permit. E. The users of guest permits shall be for the primary purpose of visiting the principal permit holder's residence and must be at the premises while the guest permit is being utilized. F. No residential parking permit or guest permit shall be transferred or sold to another party. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 5th day of August 2019. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspape r on the 9th day of August 2019. s/Kevin S. Firnstahl, City Clerk 4. Sky Blue Housing Urban Renewal Area Tax Increment Financing (TIF) District: City Manager recommending approval of an ordinance creating a Tax Increment Financing District for the Sky Blue Housing Urban Renewal Area. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Larson. Motion carried 6-0 with Jones having stepped out of the Chambers. Motion by Larson for final consideration and passage of Ordinance No. 35-19 Providing that general property taxes levied and collected each year on all property located within the Sky Blue Housing Urban Renewal Area, in the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including Bonds issued or to be issued, incurred by said City in connection with said Sky Blue Housing Urban Renewal Area. Seconded by Del Toro. Motion carried 6-0 with Jones having stepped out of the Chambers. OFFICIAL PUBLICATION ORDINANCE NO. 35-19 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE SKY BLUE HOUSING URBAN RENEWAL AREA, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH SAID SKY BLUE HOUSING URBAN RENEWAL AREA Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hearing as prescribed by law and pursuant to Resolution No. 281 -19 passed and approved on the 5th day of August 2019, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for 25 an urban renewal area known as the Sky Blue Housing Urban Renewal Area (the "Urban Renewal Area"); and Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan and the future needs for redevelopment within the Urban Renewal Area are such as to require the application of the incremental tax resources of the Urban Renewal Area; and Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the division of revenue from taxation in the Urban Renewal Area, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. For purposes of this Ordinance, the following terms have the following meanings: (a) Urban Renewal Project Area shall include that area described as follows: LOT 1 ORCHARD PARK PLACE; AND LOTS 29 THROUGH 47, INCLUSIVE, AND LOT D, ALL IN SKY BLUE ESTATES # 2; AND LOTS 1 THROUGH 12, INCLUSIVE, AND LOTS 14 THROUGH 28, INCLUSIVE, ALL IN SKY BLUE ESTATES; AND LOT 1 OF SKY BLUE PLACE; AND ALL OF LENNY’S PLACE NO. 1; AND ALL OF LENNY’S PLACE NO. 2; AND ALL OF LENNY’S PLACE NO. 3; AND ALL OF LENNY’S PLACE NO. 4; AND ALL OF LENNY’S PLACE NO. 5; AND ALL OF LENNY’S PLACE NO. 6; AND ALL OF LENNY’S PLACE NO. 7; AND ALL OF LENNY’S PLACE NO. 8; AND ALL OF LENNY’S PLACE NO. 9; AND LOTS 1 THROUGH 6, INCLUSIVE, IN BLOCK 2 OF EAGLE VALLEY SUBDIVISION; AND LOTS 1 THROUGH 7, INCLUSIVE, OF EAGLE VALLEY SUBDIVISION NO. 2; AND LOTS 10 THROUGH 18, INCLUSIVE, IN BLOCK 2 OF EAGLE VALLEY SUBDIVISION; AND LOT 1-19 AND 2-19, IN BLOCK 2 OF EAGLE VALLEY SUBDIVISION; AND LOT 1-20 AND 2-20, IN BLOCK 2 OF EAGLE VALLEY SUBDIVISION; AND LOTS 21 THROUGH 27, INCLUSIVE, IN BLOCK 2 OF EAGLE VALLEY SUBDIVISION; AND LOTS 1 THROUGH 13, INCLUSIVE, IN BLOCK 3 OF EAGLE VALLEY SUBDIVISION; AND LOT G OF EAGLE VALLEY SUBDIVISION; AND LOTS 1 THROUGH 8, INCLUSIVE, IN BLOCK 4 OF EAGLE VALLEY SUBDIVISION; AND 26 LOT 1-9 AND 2-9, IN BLOCK 4 OF EAGLE VALLEY SUBDIVISION; AND LOT 1-10 AND 2-10, IN BLOCK 4 OF EAGLE VALLEY SUBDIVISION; AND LOTS 11 THROUGH 13, INCLUSIVE, IN BLOCK 4 OF EAGLE VALLEY SUBDIVISION; AND LOTS 1 THROUGH 4, INCLUSIVE, IN BLOCK 5 O F EAGLE VALLEY SUBDIVISION; AND LOT A IN BLOCK 5 OF EAGLE VALLEY SUBDIVISION, AND LOTS 1 THROUGH 20, INCLUSIVE, IN BLOCK 6 OF EAGLE VALLEY SUBDIVISION; AND LOT 1-21 AND 2-21, IN BLOCK 6 OF EAGLE VALLEY SUBDIVISION; AND LOT 2 OF SWIFT PLACE; AND LOT 1-1 AND LOT 2-1 SWIFT PLACE; AND LOTS 1 THROUGH 5, INCLUSIVE, IN BLOCK 7 OF EAGLE VALLEY SUBDIVISION; AND LOT 1-6 AND LOT 2-6, IN BLOCK 7 OF EAGLE VALLEY SUBDIVISION; AND LOT 1-7 AND LOT 2-7, IN BLOCK 7 OF EAGLE VALLEY SUBDIVISION; AND LOT 1-8 AND LOT 2-8, IN BLOCK 7 OF EAGLE VALLEY SUBDIVISION; AND LOT 1-9 AND LOT 2-9, IN BLOCK 7 OF EAGLE VALLEY SUBDIVISION; AND ALL OF THE RIGHT OF WAY AREA OF GOLDEN EAGLE DRIVE, EAGLE VALLEY DRIVE, HARPY EAGLE COURT, STELLAR EAGLE DRIVE, BALD EAGLE COURT, COBALT COURT, ZEPHYR DRIVE, AND SKY BL UE DRIVE LYING EAST OF THE EASTERLY RIGHT OF WAY LINE OF ROOSEVELT STREET. ALL IN THE CITY OF DUBUQUE, IOWA (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Sky Blue Housing Urban Renewal Area, approved by Resolution No. 281 -19 on August 5, 2019, as the same may be amended from time to time. Section 2. That the taxes levied on the taxable property in the Urban Renewal Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3. That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Project Area, as shown on the assessment roll as of January 1, 2018, being January 1 of the calendar year preceding the first calendar year in which the City of Dubuque is expected to certify to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for the Urban Renewal Project Area. Section 4. That portion of the taxes each year in excess of the base period taxes determined for the Urban Renewal Project Area as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, 27 monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Dubuque, Iowa, to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that (i) taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Iowa Code Section 298.2 and taxes for the instructional support program of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county-city buildings; and (iv) any other exceptions described in Section 403.19 shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and co llected upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are inten ded and shall be construed so as to fully implement the division of taxes from taxable property in the Urban Renewal Project Area under the provisions of Section 403.19 of the Code of Iowa. In the event that any provision of this Ordinance shall be determi ned to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Project Area and the territory contained therein. Section 8. This Ordinance shall be in effect after its final passage, approval and publication as provided by law. Passed, approved and adopted this 5th day of August 2019. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 9th day of August 2019. /s/Kevin S. Firnstahl, City Clerk 5. REAP Plan Update, City Rep and Grant application - Eagle Point Park Environmental Restoration: City Manager recommending approval of the City of Dubuque’s Fiscal Year 2020 update to the Dubuque County Resource Enhancement and Protection (REAP) Plan, affirm City Council Member Kate Larson as the City representative, and approve a resolution for the REAP grant application for implementing Phase 3 of the Environmental Restoration Management Plan in Eagle Point Park. Motion 28 by Resnick to receive and file the documents, confirm the appointment of Council Member Larson as representative, and adopt Resolution No. 283-19 Authorizing REAP Grant application to Iowa Department of Natural Resources for Phase 3 of Eagle Point Park Environmental Restoration Management Plan. Seconded by Del Toro. Motion carried 7- 0. RESOLUTION NO. 283-19 AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPARTMENT OF NATURAL RESOURCES FOR PHASE 3 OF EAGLE POINT PARK ENVIRONMENTAL RESTORATION MANAGEMENT PLAN Whereas, the Iowa Department of Natural Resources has allocated grant funds from REAP (Resource Enhancement and Protection) for projects that help establish natural areas, encourage outdoor recreation, and enhance and protect Iowa’s natural and cultural resources; and Whereas, the City of Dubuque has adopted the 2017 Environmental Restoration Management Plan for Eagle Point Park, and Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that includes goals for environmental quality, park improvements, and stormwater management. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Mayor hereby is authorized to sign and submit the FY 2020 REAP Grant application to the Iowa Department of Natural Resources for Phase 3 of the Eagle Point Park Environmental Restoration Management Plan in the amount of $200,000. Section 2. The City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 5th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Airport Master Plan Technical Advisory Commission: Airport Commission inviting Mayor Buol (or designee) plus one City Council Member to serve on the Airport Master Plan Technical Advisory Commission. Motion by Jones to receive and file the document, and that he will volunteer for the appointment. Seconded by Resnick. Motion carried 7 -0. 7. Updated Bee Branch Watershed Flood Mitigation Project Brochure : City Manager providing a copy of the updated Bee Branch Watershed Flood Mitigation Project pub lic information brochure. Motion by Shaw to receive and file the document. Seconded by Del Toro. Motion carried 7-0. 8. The Dubuque Recipe to Rebuilding a City: City Manager providing a copy of "The Dubuque Recipe to Rebuilding a City" from the National League of Cities' CitiesSpeak written by Assistant City Manager Teri Hawks Goodmann. Motion by Del Toro to receive and file the document. Seconded by Shaw. Motion carried 7 -0. 29 9. Greater Dubuque Development Corporation Annual Report: City Manager transmitting the Greater Dubuque Annual Report for 2018 -2019. Motion by Del Toro to receive and file the document. Seconded by Larson. Motion carried 7 -0. 10. Request for Work Session - Consolidation and Expansion of Urban Revitalization Districts: City Manager recommending that the City Council schedule a Work Session for Tuesday, September 3, 2019 at 5:30 p.m. in the Council Chambers on the consolidation and expansion of Urban Revitalization Districts. Motion by Shaw to receive and file the documents and schedule the work session as recommended. Seconded by Resnick. No schedule conflicts were noted. Motion carried 7-0. 11. Request for Work Session - Sustainable Dubuque Quarterly Report: City Manager recommending that the City Council schedule a work session on Monday, November 18, 2019 at 5:30 p.m. in the City Council Chambers on the Sustainable Dubuque Quarterly Report. Motion by Resnick to receive and file the documents and schedule the work session as recommended. Seconded by Del Toro. No schedule conflicts were noted. Motion carried 7-0. 12. Southwest Arterial Construction Update Video - July 2019: Cable TV Division will show a video of the recent progress of the Southwest Arterial Project for July 2019. Motion by Jones to receive and file the information. Seconded by Resnick. Motion carried 7-0. CLOSED SESSION Pending Litigation and Real Estate Transfer Negotiations Pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa; and Professional Evaluation(s) Pursuant to Chapter 21.5(1)(i) Code of Iowa Motion by Larson at 7:23 p.m. to convene in closed session . Seconded by Shaw. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell . With two-thirds majority required, the motion failed 4-3 with Resnick, Jones, and Buol voting nay. Motion by Jones to adjourn at 7:24 p.m. Seconded by Resnick. Motion carried 4-3 with Rios, Larson and Del Toro voting nay. /s/Kevin S. Firnstahl, CMC, City Clerk