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10 7 19 City Council Proceedings Official_Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on October 7, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Pro Tem Rios; Mayor Buol (via telephone) Council Members Del Toro, Jones, Resnick, Shaw; City Manager Van Milligen, City Attorney Brumwell Mayor Pro Tem Rios read the call and stated this is a regular session of the City Coun- cil called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. At 5:50 p.m., prior to the start of the regular meeting, the Heartland Marimba Quartet Music performed via video in recognition of Arts and Humanities Month and as part of the Dubuque Arts Council’s Artists in Residence Program. PROCLAMATION(S) 1. Indigenous People's Day (October 14, 2019) was accepted by Mr. Jody Durnin, 250 W. 6th Street. 2. Gentleman Day (October 16, 2019) was accepted by Michelle Wolfe of Waypoint Services Dubuque. 3. Arts and Humanities Month (October 2019) was accepted by Jenni Peterson-Brant, Arts and Cultural Affairs Coordinator. 4. Trick-or-Treat Night (October 31, 2019) was accepted by Mayor Pro Tem Jake A. Rios. CONSENT ITEMS Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Shaw. Motion carried 6-0. 1. Minutes and Reports Submitted: Cable TV Commission of 10/2; City Council pro- ceedings of 9/16, 9/26; Civil Service Commission of 9/20; Housing Trust Fund Committee of 9/25; Housing Commission of 9/24; Library Board of Trustees Council Update #190 of 9/26/19; Proof of Publication for City Council proceedings of 8/26, 9/3, 9/9 and 9/16. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Nick Helgerson for property damage, William Hickson for property damage, Mary Kisting for vehicle damage, LJR Investments, LLC c/o Linsy 2 Adams for property damage, Jayantibhai Patel for p roperty damage, Jhony Edgordo Ramirez for property damage. Upon motion the documents were received, filed, and re- ferred 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: Nick Helgerson for property damage; William Hickson for property damage; Mary M. Kisting for vehicle damage; LJR Investments, LLC c/o Linsy Adams for property damage; Jayantibhai Patel for property damage; Jhony Edgordo Ramirez for property 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. 344-19 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accord- ance with City procedures was adopted. RESOLUTION NO. 344-19 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / 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 providi ng 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 hereof, 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 c ode requirements as re- quested by designated requisitioning authorities in accordance with approved budget ap- propriations. 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 7th day of October 2019. 3 Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 5. Workers' Compensation Claims Administrative Services Agreement Addendum : City Manager recommending approval of an Addendum to the Agreement between the City of Dubuque and Alternative Service Concepts (ASC) for services related to the administra- tion of the City’s Workers’ Compensation Program that extends the Agreement through December 31, 2019. Upon motion the documents were received, filed and approved. 6. Community Development Block Grant Agreement (CDBG) with Dubuque Visiting Nurse Association: City Manager recommending approval of the Community Develop- ment Block Grant Agreement with Dubuque Visiting Nurse Association and authorizes the Mayor to execute the agreement on behalf of the City. Upon motion the documents were received and filed, and Resolution No. 345-19 Authorizing execution of a Commu- nity Development Block Grant Agreement with Dubuque Visiting Nurse Association was adopted. RESOLUTION NO. 345-19 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH DUBUQUE VISITING NURSE ASSOCIATION Whereas, Dubuque Visiting Nurse Association prepared and submitted a request for a Community Development Block Grant to relocate and expand current services into prop- erty located at 660 Iowa Street; and Whereas, the City Council approved the Community Development Block Grant budget that included the contribution to Dubuque Visiting Nurse Association ; and Whereas, the submission has been approved by the Community Development Advi- sory Commission with the approval of the Fiscal Year 2019 Annual Action Plan Amend- ment 2 on May 15, 2019 in the amount of $85,000; and Whereas, services provided will be to a minimum of 51% low/moderate income resi- dents for a minimum of five years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Funding Approval/Agreement, authorized by the Community Develop- ment Advisory Commission beginning July 1, 2019 for a Community Development Block Grant to Dubuque Visiting Nurse Association in the amount of $85,000 to assist with Ac- quisition and Equipment Purchases for expansion of current services is hereby accepted. Section 2. The Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 7. Community Development Block Grant (CDBG) Agreement with Crescent Commu- nity Health Center: City Manager recommending approval of the Community Develop- ment Block Grant Agreement with Crescent Community Health Center and authorizes the Mayor to execute the agreement. Upon motion the documents were received and filed, 4 and Resolution No. 346-19 Authorizing execution of a Community Development Block Grant Agreement with Crescent Community Health Center was adopted. RESOLUTION NO. 346-19 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH CRESCENT COMMUNITY HEALTH CENTER Whereas, Crescent Community Health Center prepared and submitted a request for a Community Development Block Grant to expand current services into property located at 1690 Elm Street; and Whereas, the City Council approved the Community Development Block Grant budget that included the contribution to Crescent Community Health Center; and Whereas, the submission has been approved by the Community Development Advi- sory Commission with the approval of the Fiscal Year 2019 Annual Action Plan Amend- ment 2 on May 15, 2019 in the amount of $300,000; and Whereas, services provided will be to a minimum of 51% low/moderate income resi- dents for a minimum of five years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Funding Approval/Agreement, authorized by the Community Develop- ment Advisory Commission beginning October 1, 2019 for a Community Development Block Grant to Crescent Community Health Center in the amount of $300,000 to assist with acquisition of facilities for expansion of current services is hereby accepted. Section 2. The Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 8. Community Impacts Related to FEMA Correspondence : City Manager transmitting additional information on community impacts regarding correspondence with the Federal Emergency Management Agency (FEMA) from the September 16, 2019 City Council agenda. Upon motion the documents were received and filed. 9. Iowa Historic Tax Credit Report: City Manager providing a copy of the Iowa Historic Tax Credit Report. Upon motion the documents were received and filed. 10. 2019 Justice Assistance Grant (JAG) Approval and Acceptance of Grant Award : City Manager recommending acceptance of the 2019 Justice Assistance Grant (JAG) award. Upon motion the documents were received, filed and approved. 11. 2019 Bulletproof Vest Partnership (BVP) Approval and Acceptance of Grant Award: City Manager recommending approval to accept the 2019 Bulletproof Vest Partnership grant award. Upon motion the documents were received, filed and approved. 12. Hitzler Rental, LLC - Grant Agreement for 1902 Central Avenue: City Manager recommending approval of a resolution approving a Grant Agreement between the City 5 of Dubuque and Hitzler Rental, LLC to redevelop property at 1902 Central Avenue. Upon motion the documents were received and filed, and Resolution No. 347-19 Approving a Grant Agreement by and between the City of Dubuque, Iowa and Hitzler Rental, LLC for the Redevelopment of 1902 Central Avenue was adopted. RESOLUTION NO. 347-19 APPROVING A GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND HITZLER RENTAL, LLC FOR THE REDEVELOPMENT OF 1902 CENTRAL AVENUE Whereas, Hitzler Rental, LLC has applied to the Economic Development Department for a Downtown Rehabilitation Grant (the Grant) for the redevelopment of 1902 Central Avenue in the City of Dubuque, Iowa (the Project); and Whereas, the Project is eligible for the Grant; and Whereas, it is the determination of the City Council that approval of the Grant Agree- ment, for redevelopment of the Property by Hitzler Rental, LLC according to the terms and conditions set out in the Grant Agreement, is in the public interest of the City of Dubu- que. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Grant Agreement by and between the City of Dubuque and Hitzler Rental, LLC, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Grant Agree- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Grant Agreement as herein approved. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 13. National Disaster Resiliency Competition Grant Administrator to Resiliency Coor- dinator: City Manager recommending approval to eliminate the Bee Branch Healthy Homes Grant Administrator position and re-instate the Resiliency Coordinator position as a Full-Time Equivalent position. Upon motion the documents were received, filed and approved. 14. Public, Educational, and Government (PEG) Capital Grant Expenditure Request: City Manager recommending approval of the Cable TV Commission's request for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the purchase a new graphics server and a new playback server for the City of Dubuque’s two government access cable channels. Upon motion the documents were received, filed and approved. 15. Rejecting Bids for the Fire Station No. 6 External Stairwell Addition Project : City Manager recommending rejection of the bids for the Fire Station 6 External Stairwell, so the City Fire Department and Engineering staff can value engineer the design and create 6 alternatives that produce cost saving measures. Upon motion the documents were re- ceived and filed, and Resolution No. 348-19 Rejecting competitive bid proposals received for the Fire Station 6 External Stairway Addition Project was adopted. RESOLUTION NO. 348-19 REJECTING COMPETITIVE BID PROPOSALS RECEIVED FOR THE FIRE STATION 6 EXTERNAL STAIRWAY ADDITION PROJECT Whereas, three (3) competitive sealed bid proposal was submitted by three (3) con- tractors for the Fire Station 6 External Stairwell Addition Project (the Project) pursuant to Resolution No. 300-19 and a Notice to Bidders published the City of Dubuque Website www.cityofdubuque.org/bids, Master Builders of Iowa Plan Room mbiplanroom- dsm@mbionline.com and posted to the Master Builders Construction Update Network on the 23rd day of August 2019; and Whereas, the three (3) competitive sealed bid proposal were opened and read on the 10th day of September 2019; and Whereas, the City Council has deemed it advisable to reject the three (3) competitive sealed bid proposals for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The three (3) competitive sealed bid proposals for the Fire Station 6 External Stairwell Addition Project are hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposit of the unsuccessful bidders for the Fire Station 6 External Stairwell Addition Project. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 16. East 5th Street Right-of-Way Dedication Plat: City Manager recommending ap- proval of the Acquisition Plat of Lot 2-1-A, Adams Company’s 4th Addition, which provides additional right-of-way for the existing sidewalk and utilities on the south side of East 5th Street from Ice Harbor Road to Bell Street. Upon motion the documents were received and filed, and Resolution No. 349-19 Approving the Acquisition Plat of Lot 2-1-A, Adams Company's 4th Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 349-19 APPROVING THE ACQUISITION PLAT OF LOT 2-1-A, ADAMS COMPANY’S 4TH AD- DITION, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated September 19, 2019 prepared by The City of Dubuque Engineering Depart- ment describing Lot 2-1-A, Adams Company’s 4th Addition in The City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The plat dated September 19, 2019 prepared by the City of Dubuque Engi- neering Department, relative to the real estate hereinabove described be and the same 7 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 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 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 17. Acceptance of Grants of Easement for Sanitary Sewer Utility as Part of the Cedar Lake - East Fifteenth Addition Public Improvement Project: City Manager recommending acceptance of the dedication of Grants of Easement for Sanitary Sewer Utility over part of Lot 3 of Mineral Lot 221, and part of Lot 11 of Cedar Lake Addition as part of the Cedar Lake – East Fifteenth Addition Public Improvements Project. Upon motion the documents were received and filed, and Resolution No. 350-19 Accepting Grants of Easement for Sanitary Sewer Utility Associated with the Cedar Lake - East Fifteenth Addition Public Improvements in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 350-19 ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER UTILITY ASSOCI- ATED WITH THE CEDAR LAKE -EAST FIFTEENTH ADDITION PUBLIC IMPROVE- MENTS, IN THE CITY OF DUBUQUE, IOWA Whereas, Dean J. and Catherine J. Dolphin have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 3 of Mineral Lot 221, in the City of Dubuque, Iowa; and Whereas, Cedar Lake Corporation has executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 11 of Cedar Lake Addition, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Sanitary Sewer Utility, across the properties as listed above, in the City of Dubuque, Iowa from the property owners 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. The City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 18. Acceptance of Grant of Easement for Sanitary Sewer Utility for Mississippi Heights Subdivision: City Manager recommending acceptance of a Grant of Easement for a san- itary sewer utility across 360 Mississippi View Drive owned by Lance L. Marting and Lori A. Marting. Upon motion the documents were received and filed, and Resolution No. 351- 8 19 Accepting a Grant of Easement for Sanitary Sewer Utility Across Parts of Lot 1 of Mississippi Heights Subdivision No. 5 and Lot 10 of Mississippi Heights Subdivision No. 3, in the City of Dubuque Iowa was adopted. RESOLUTION NO. 351-19 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS PARTS OF LOT 1 OF MISSISSIPPI HEIGHTS SUBDIVISION NO. 5 AND LOT 10 OF MISSISSIPPI HEIGHTS SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA Whereas, Lance L. Marting and Lori A. Marting, have executed a Grant of Easement for Sanitary Sewer Utility across Part of Lot 1 of Mississippi Heights Subdivision No. 5 and Lot 10 of Mississippi Heights Subdivision No. 3, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for 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. The City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with said Grant of Easement for Sanitary Sewer Utility, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 19. Emergency Retaining Wall Repair on Madison Street: City Manager recommending approval of emergency repairs to the public retaining wall along Madison Street and the associated street pavement and sidewalk portions in the interest of public safety and wel- fare. Upon motion the documents were received and filed, and Resolution No. 352-19 Authorizing emergency repairs to the retaining wall on Madison Street and the associated street pavement and sidewalk portions was adopted. RESOLUTION NO. 352-19 AUTHORIZING EMERGENCY REPAIRS TO THE RETAINING WALL ON MADISON STREET AND THE ASSOCIATED STREET PAVEMENT AND SIDEWALK PORTIONS Whereas, a public retaining wall adjacent to Madison Street has failed and has dam- aged the pavement and sidewalk portions along Madison Street as a result of the wall failure; and Whereas, Iowa Code § 384.103 provides that when emergency repair of a public im- provement is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city, the governing body shall, by resolution, make a finding of the necessity to institute emergency proceedings and shall procure a certificate from a competent registered professional engineer or architect, not in the regular employ of the city, certifying that emergency repairs are necessary, and that in that event the governing 9 body may contract for emergency repairs without holding a public hearing and advertising for bids; and Whereas, the City Council finds that the condition of the retain ing wall is a dangerous structure and constitutes an emergency and that an emergency repair of the retaining wall and adjoining public street supported by the retaining wall is necessary and the delay of advertising and a public letting might cause serious loss or injury to the city; and Whereas, the City has procured a certificate from a competent professional engineer registered in the State of Iowa, not in the regular employ of the City, certifyin g that emer- gency repairs to the retaining wall and street are necessary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council finds that it is necessary to institute emergency proceed- ings to repair the retaining wall along Madison Street including the associated street pave- ment and sidewalk portions. Section 2. The City Manager is hereby authorized to proceed with instituting such emergency repairs as provided by law. Passed, adopted, and approved this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 20. U.S. Environmental Protection Agency (EPA) Consent Decree Semi Annual Re- port: City Manager transmitting the September 30, 2019 Consent Decree Semi Annual Report required to be submitted to the U.S. Environmental Protection Agency. Upon mo- tion the documents were received and filed. 21. Civil Service Commission - Certified Lists: Civil Service Commission submitting certified lists for the positions of Sanitation Driver, Utility Worker, and Water Plant Oper- ator. Upon motion the documents were received, filed and made a Matter of Record. September 20, 2019 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an exami nation for the position of Sanitation Driver was administered on Sept. 10, 2019. We hereby certify that the indi- viduals 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. Sanitation Driver 1. Jeff Christianson*, 2. Justin Licht*, 3. John Kirk, 4. Kenneth Snow, 5. Jamie Hutchins*, 6. Joel Kramer*, 7. Nate McLaughlin*, 8. David Pfeiler*, 9. Dustin Siefkes*, 10. David Blondin*, 11. Tonner Clewell*, 12. Nicholas Connolly*, 13. Scott Wiemerskirch*, 14. James Brosius*, 15. Joseph Davis*, 16. Eugene Downing*, 17. Kory Folk*, 18. Nicholas Jobgen*, 19. Tim McGinnis*, 20. Nathan Mohr*, 21. Matt Zenner*, 22. Matthew Caley*, 23. Jade Griesinger*, 24. James Lux*, 25. Robert McDonald*, 26. Alex Mihalakis*, 27. Broderick Uthe*, 28. Matthew Walker*, 29. Lucas Garrigus, 30. David Hasken*, 31. Jon- athan Glaser*, 32. Jared Brown*, 33. Samuel Feehan*, 34. Ryan Gansemer*, 35. Brian Kirk*, 36. Thomas Leifker*, 37. Benjamin Markus*, 38. Robert Meisenburg*, 39. Robert 10 Valentine*, 40. Brian Allman*, 41. David Eberling*, 42. Christopher Matlock*, 43. Mike Pottebuam*, 44. Ryan Schneider* *Tie Scores Respectfully submitted, /s/Dan White, Chairman Civil Service Commission September 20, 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 Utility Worker was administered on August 20, 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. Utility Worker 1. Dustin Siefkes, 2. Terry Fortmann, 3. Tyler Duerksen, 4. Darren Steil, 5. Richard Thoma, 6. Sam Valentine, 7. Dustin Allen, 8. Richard Breithaupt, 9. Jared Brown, 10. Mathias Goodale, 11. Christopher Matlock, 12. Rick Moore, 13. Benjamin Schidgen, 14. Nate McLaughlin, 15. Greg Borner, 16. Tonner Clewell, 17. Jeff Horn, 18. Daniel Huseman, 19. Eli Licht, 20. Mitchell Gaherty, 21. Lucas Garrigus, 22. Scott Morris, 23. Nathan Mohr, 24. Patrick Gilkes, 25. Mitchel Hammel, 26. Derek Flesch, 27. Jade Griesinger, 28. Benjamin Markus, 29. Denny Arensdorf, 30. Marcus Bower, 31. Brian Engelking, 32. Mark Huekels, 33. Matthew Walker Respectfully submitted, /s/Dan White, Chairman Civil Service Commission September 20, 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 Water Plant Operator was administered on August 14, 2019. We hereby certify that the individuals listed below have passed this 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. Water Plant Operator 1. Michael Felton, 2. Alexander Freisinger, 3. Nicholas Connolly, 4. Chad Hagge, 5. Luke Meadows, 6. Ian Hantelmann, 7. Justin Licht, 8. Ted White, 9. Jeffery Davis, Jr., 10. Tom Sheldon, 11. Timothy Goranson, 12. Nathan Dillon, 13. Cody Leib, Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 22. Citizen Petition - Climate Emergency Declaration: Citizen petition submitted by Richard Fischer regarding a declaration of Climate Emergency and Demand for Climate 11 Justice. Upon motion the document was received, filed, and referred to the referred to Resilient Community Advisory Commission. 23. Exploratory Effort to Form a Mississippi River Port of Eastern Iowa and Western Illinois Port Statistical Area: City Manager recommending approval of a letter to be sent to Bi-State Regional Commission expressing support for an exploratory study of the des- ignation of eastern Iowa and western Illinois as a port statistical area. Upon motion the documents were received, filed and approved. 24. Signed Contract(s): Braun Intertec for Roosevelt Street Water Tower Advanced Geotechnical Inspection and Testing (Pressure Zone 2); Dubuque Rescue Mission Rev- ocable License for placement of planters and trash receptacles in the public right -of-way at 389 Main Street. Upon motion the documents were received and filed. 25. Improvement Contracts / Performance, Payment and Maintenance Bonds: Tschig- gfrie Excavating Co. for the East Blum Site Foundation and Contaminated Soil Removal Project. Upon motion the documents were received, filed and approved. 26. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed, and Resolution No. 353-19 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and 354-19 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 353-19 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 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: 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 documenta- tion: Renewals Chipotle Mexican Grill 3450 Dodge St., Suite 101 Class C Liquor License (Out- door) (Sunday) 12 Denny's Lux Club 3050 Asbury Rd. Class C Liquor License (Out- door) (Sunday) Eagle Country Market 1800 Elm St. Class E Liquor, Class C Beer, Class B Wine (Sun- day) Fiesta Cancun Authentic Mexican Restaurant 2515-1 NW Arterial Class C Liquor License (Out- door) (Sunday) Grand River Center 500 Bell St. Class C Liquor (Catering) (Sunday) Grand Tap, The 802 Central Ave. Class C Liquor (Outdoor) (Sunday) Hy-Vee #1 Clubroom 3500 Dodge St. Special Class C Liquor (Sun- day) The Copper Kettle, Inc. 2987 Jackson St. Class C Liquor, Class B Wine (Living Qtrs.) (Cater- ing) (Outdoor) (Sunday) Wal-Mart Supercenter 4200 Dodge St. Class E Liquor, Class C Beer, Class B Wine (Sun- day) New KWIK STOP #858 3340 John F. Kennedy Rd. Class C Beer, Class B Na- tive Wine (Sunday) Kwik Stop Food Mart 4039 Pennsylvania Ave. Class E Liquor, Class C Beer, Class B Native Wine (Sunday) Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 354-19 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 applic ants 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 THAT: The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Business Name Business Address EZ Stop II 700 Rhomberg Ave. Passed, approved, and adopted this 7th day of October, 2019. Jake A. Rios, Mayor Pro Tem 13 Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Jones to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Shaw. Motion carried 6-0. 1. Merge, LLC Development Agreement: City Manager recommending that the City Council set a public hearing for November 18, 2019, on the proposed Development Agreement between Merge, LLC and the City of Dubuque providing for the sale of City - owned real estate in Greater Downtown Urban Renewal District to Merge, LLC and the issuance of Urban Renewal Tax Increment Revenue Grant obligations. Upon motion the documents were received and filed and Resolution No. 355-19 (1) Approving the Mini- mum Requirements, Competitive Criteria, and Offering Procedures for the Development and the Sale of Certain Real Property And Improvements in the Greater Downtown Urban Renewal District; (2) Determining that the Offer to Purchase submitted by Merge, LLC satisfies the Offering Requirements with respect to the real property and improvements and declaring the intent of the City Council to approve the sale to Merge, LLC in the event that no competing proposals are submitted; and (3) Soliciting competing proposals was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on November 18, 2019 in the Historic Federal Building. RESOLUTION NO. 355-19 RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRI- TERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE SALE OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE GREATER DOWN- TOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE OFFER TO PUR- CHASE SUBMITTED BY MERGE, LLC SATISFIES THE OFFERING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IMPROVEMENTS AND DECLAR- ING THE INTENT OF THE CITY COUNCIL TO APPROVE THE SALE TO MERGE, LLC IN THE EVENT THAT NO COMPETING PROPOSALS ARE SUBMITTED; AND (3) SO- LICITING COMPETING PROPOSALS Whereas, the City Council of Dubuque, Iowa, did on March 18, 2019 ado pt an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (“the Plan”) for the Urban Renewal Area described therein; and Whereas, the Plan provides, among other things, for the disposition of properties for private development purposes as a proposed economic development action; and Whereas, Merge, LLC (“Developer”) has submitted to the City a p roposal in the form of an offer to purchase (the “Development Agreement”) for the purchase of certain City - owned real property hereinafter described (“the Property”), which Development Agree- ment proposes the Developer will undertake the construction of a building located at the corner of Ice Harbor Drive and East 5th Street as described therein, which Property is the real estate consisting of approximately 1.22 acres shown on Exhibit A, and which Devel- opment Agreement requests that this Property be made ava ilable for sale as rapidly as possible; and 14 Whereas, in order to establish reasonably competitive bidding procedures for the dis- position of the Property in accordance with the statutory requirements of Iowa Code Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and fair opportunity to all developers interested in submitting a proposal, a summary of submis- sion requirements and minimum requirements and competitive criteria for the Property offering is included herein; and Whereas, said Developer has signed a Development Agreement with the City, cur- rently on file at the Office of the City Clerk; and Whereas, to recognize both the firm proposal for sale of the Property and improve- ments already received by the City in the form of the Development Agreement, as de- scribed above, and to give full and fair opportunity to other developers interested in sub- mitting a proposal for the sale and development of the Property, this Council should by this Resolution: 1) Set the fair market value of the Property for uses in accordance with the Plan; 2) Approve the minimum requirements and competitive criteria included her ein; 3) Approve as to form the Development Agreement; 4) Set a date for receipt of competing proposals and the opening thereof; 5) Declare that the proposal submitted by Developer satisfies the minimum require- ments of the offering, and that in the event no other qualified proposal is timely submit- ted, that the City Council intends to accept such proposal and authorize the City Man- ager to sign the Development Agreement; 6) Approve and direct publication of a notice to advise any other person of the op- portunity to compete for sale of the Property on the terms and conditions set forth herein; and 7) Declare that in the event another qualified proposal is timely submitted and ac- cepted, another and future notice will be published on the intent of the City to enter into the resulting contract, as required by law; and Whereas, the City Council believes it is in the best interest of the Ci ty and the Plan to act as expeditiously as possible to sell the Property as set forth herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Property shown on Exhibit A attached hereto, shall be offered for sale in accordance with the terms and conditions contained in this Resolution. Section 2. It is hereby determined that in order to qualify for consideration for selection, any person must submit a proposal which meets these minimum requirements: 1) Contains an agreement to purchase the Property, shown on Exhibit A, at not less than fair market value, which for the purposes of this resolution is hereby determined to be $ 807,842.52 and $ 162,230.67 for requires easements for a total purchase price of $ 970,073.19; 2) States the number of residential units and square feet of commercial/retail space that will be created in the proposal’s project; 3) Sets out or provides to the satisfaction of the City Council the experience of the principals and key staff who are directly engaged in the performance of contract obli- gations in carrying out projects of similar scale and character; and 4) Meets, at a minimum, the terms and conditions of the Development Agreement submitted by the Developer including an agreement to invest not less than 15 $18,000,000 to complete construction of the 187 residential units and 23,000 of com- mercial/retail space in the building. Section 3. The Development Agreement by and between the City and the Developer be and is hereby approved as to form for the purposes hereinafter stated. Section 4. For the purpose of defining the offering of the Property for sale, said Devel- opment Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect to: 1) Timely completion of the construction project; 2) Construction of minimum improvements; 3) Developer and City obligations; and 4) General terms and conditions. Section 5. The Development Agreement submitted by the Developer satisfies the re- quirements of this offering and, in the event that no other qualified proposals are timely submitted, that the City Council intends to accept and approve the Development Agree- ment. Section 6. It is hereby determined that the Developer possesses the qualifications, financial resources and legal ability necessary to purchase the Property shown on Exhibit A and to construct, manage and operate the site in the manner proposed by this offering in accordance with the Plan. Section 7. The City Clerk shall receive and retain for public examination the attached Development Agreement submitted by the Developer and, in the event no other qualified proposals are timely submitted, shall resubmit the Development Agreement to the City Council for final approval and execution upon expiration of the notice hereinafter pre- scribed. Section 8. The action of the City Council be considered to be and does hereby consti- tute notice to all concerned of the intention of this Council, in the event that no other qualified proposals are timely submitted, to accept the proposal of the Developer to pur- chase the Property shown on Exhibit A and to approve the Development Agreement by and between City and Developer. Section 9. The official notice of this offering and of the intent of the Cit y, in the event no other qualified proposals are timely submitted, to approve the Development Agree- ment, shall be a true copy of this Resolution, but without the attachments referred to herein. Section 10. The City Clerk is authorized and directed to secure immediate publication of said official notice in the Telegraph Herald, a newspaper having a general circulation in the community, by publication of the text of this Resolution on or before the 11th day of October 2019. Section 11. Written proposals for the sale of the Property shown on Exh ibit A will be received by the City Clerk at or before 10:00 a.m., November 12, 2019, in the Office of the City Clerk, located on the first floor at City Hall, 50 West 13th Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on November 18, 2019. Said proposals will then be presented to the City Council at 6:00 p.m., November 18, 2019, at a meeting to be held in the City Council Chambers, Historic Federal Building at 350 West 6th Street, Dubuque, Iowa. 16 Section 12. The method of offering the Property for sale as set forth herein is in sub- stantial conformance with the provisions of Iowa Code Section 403.8, requiring reasona- ble competitive bidding procedures as are hereby prescribed and “fair value.” Section 13. The required documents for the submission of a proposal shall be in sub- stantial conformity with the provisions of this Resolution. Section 14. The City Clerk is hereby nominated and appointed as the agent of the City of Dubuque, Iowa to receive proposals for the sale of the Property on that date and ac- cording to the procedure hereinabove specified for receipt of such proposals and to pro- ceed at such time to formally acknowledge receipt of each of such proposal by noting the receipt of same in the Minutes of the Council; that the City Manager is hereby authorized and directed to make preliminary analysis of each such proposal for compliance with the minimum requirements established by this Council hereinabove. For each proposal that satisfies these requirements, the City Council shall judge the strength of the proposal by the competitive criteria established hereinabove. The City Council shall then make the final evaluation and selection of the proposals. Section 15. If, and only if, competing propo sals are received and determined by the Council to meet the minimum requirements described herein, the Developer shall be al- lowed to amend its proposal in response thereto and to deliver same to the City Manager, by no later than a date determined by the City Council. In such event, the Council shall schedule a subsequent meeting to be held by the City Manager at which there shall be a bid-off conducted by the City Manager. During such bid-off, each competing bidder shall bid against the other, starting with the second proposal received and continuing until such time as each bidder shall decline to improve its proposal to acquire and redevelop the Property shown on Exhibit A in response to the last bid of the other bidder or bidders. The period of time to be allowed for such bid-off shall be determined by the City Manager. The rules of such bid-off shall be as determined by the City Manager at or before such bid-off period and shall be absolute. Section 16. In the event another qualified proposal is timely su bmitted and accepted by the City, another and further notice shall be published of the intent of the City of Dubu- que, Iowa, to enter into the resulting agreement, as required by law. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 2. Greater Downtown Urban Renewal District - Resolution of Necessity: City Manager recommending approval of a resolution th at authorizes and directs the City Manager to prepare a proposed Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District and sets a public hearing for November 18, 2019, on the proposed Amended and Restated Urban Renewal Plan. Upon motion the documents were received and filed and Resolution No. 356-19 Authorizing and directing the City Manager to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, and setting dates of hearing an d consultation on a proposed Amended and Restated Urban Renewal Plan for said District was adopted set- ting a public hearing for a meeting to commence at 6:00 p.m. on November 18, 2019 in the Historic Federal Building. 17 RESOLUTION NO. 356-19 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN UR- BAN RENEWAL DISTRICT, AND SETTING DATES OF HEARING AND CONSULTA- TION ON A PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for the Greater Downtown Urban Renewal District (the “District”) in order to provide redevel- opment opportunities which will further the purposes and objectives of the foregoing Ur- ban Renewal Plan; and Whereas, City staff has recommended that the Plan be amended to add additional project details; and Whereas, Chapter 403 of the Iowa Code requires that before a Plan may be modified, the City Council must follow the notification, consultation, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to in- clude in such Plan any appropriate project activities and details, and to determine an appropriate date for and conduct the consultation p rocess required by law with affected taxing entities concerning the proposed amendment. Section 2. The City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District on November 18, 2019 at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities pla nned for such areas, and said notice shall be published in a newspaper having gener al circulation within the City not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the af- fected taxing entities. Section 3. The City Clerk is further directed to send by ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 3. Establishment of the Dubuque Urban Revitalization District : City Manager recom- mending adoption of a resolution setting a public hearing for November 18, 2019, on the Dubuque Urban Revitalization Plan. Upon motion the documents were received and filed 18 and Resolution No. 357-19 Finding that the designation of the Dubuque urban Revitali- zation Plan is necessary in the interest of the public heal th, safety and welfare of the residents of the City of Dubuque and providing for a public hearing thereon was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on November 18, 2019 in the Historic Federal Building. RESOLUTION NO. 357-19 FINDING THAT THE DESIGNATION OF THE DUBUQUE URBAN REVITALIZATION PLAN IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF DUBUQUE AND PROVIDING FOR A PUBLIC HEARING THEREON Whereas, as a preliminary step to exercising the authority to approve an area for "ur- ban revitalization" conferred upon Iowa municipalities by Chapter 404 of the Code of Iowa, a municipality must adopt a resolution finding that the rehabilitation, conservation, rede- velopment, economic development, or a combination thereof of the area is necessary in the interest of public health, safety, or welfare of the residents of the city; and Whereas, the City Council of the City of Dubuque finds that properties in the Dubuque Urban Revitalization Plan are in an area which there is a predominance of buildings or improvements which by reason age, history, architecture, or significance should be pre- served or restored to productive use: and Whereas, Chapter 404 of the Code of Iowa provides for the establishment of an urban revitalization area for such properties following a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The rehabilitation, conservation, and redevelopment of the area described in the attached Dubuque Urban Revitalization Plan is found to be necessary in the interest of the public health, safety and welfare of the residents of the City, to wit: Section 2. The Dubuque Urban Revitalization Plan as proposed meets the eligibility criteria of Chapter 404.1 of the Code of Iowa. Section 3. The Dubuque Urban Revitalization Plan shall be a matter of record and shall be available for public inspection in the office of the City Clerk at City, Hall 50 West 13 th Street, Dubuque, Iowa. Section 4. The City’s Long-Range Planning Advisory Commission has reviewed the plan and has determined it to be in compliance with the City of Dubuque’s Comprehensive Plan. Section 5. The City Clerk is directed to publish notice of a public hearing on the adop- tion of the Dubuque Urban Revitalization Plan to be held on November 18, 2019 at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 6. The owners of record and tenants living within the proposed area will be notified by the thirtieth day prior to the public hearing. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 4. Progressive Processing, LLC Third Amendment to Development Agreement : City Manager recommending approval of a Third Amendment to the Development Agreement 19 between the City of Dubuque and Progressive Processing, LLC to facilitate Progressive Processing's expansion. Upon motion the documents were received and filed and Reso- lution No. 358-19 Resolution of Intent to consider a proposed Third Amendment to De- velopment Agreement; fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Progressive Processing, LLC; 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 November 4, 2019 in the Historic Federal Building. RESOLUTION NO. 358-19 INTENT TO CONSIDER A PROPOSED THIRD AMENDMENT TO DEVELOPMENT AGREEMENT; FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS TO PROGRESSIVE PROCESSING, LLC; AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) and Progressive Processing, LLC entered into a Development Agreement (the Development Agreement) dated for reference pur- poses the 21st day of April 2008, for a processing operation in Dubuque Industrial Center West in the City of Dubuque which included the issuance of economic development grants (Urban Renewal Tax Increment Revenue Grant Obligations) to Progressive Pro- cessing, LLC in connection with the foregoing development; and Whereas, Progressive Processing, LLC intends to expand its processing operation with an additional investment of $13,000,000.00 in machinery and equipment and building improvements to its facility and to create an additional fifty-eight (58) full-time jobs in Dubuque; and Whereas, City has agreed to provide Progressive Proce ssing, LLC additional eco- nomic development grants in consideration for the expansion of its processing operation; and Whereas, City and Progressive Processing, LLC now desire to amend the Develop- ment Agreement as set forth in the Third Amendment to Development Agreement, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa, providing for the issuance of additional economic development grants (Urban Re- newal Tax Increment Revenue Grant Obligations) to Progressive Processing, LLC in con- nection with the foregoing developments; and Whereas, the City Council finds that it is in the best interests of the City to approve the Third Amendment to Development Agreement; and Whereas, before the Third Amendment to Development Agreement providing for the issuance of additional Urban Renewal Tax Increment Revenue Grant Obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council pro- poses to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of the City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: 20 Section 1. The City Council intends to approve the issuance of additional Urban Re- newal Tax Increment Revenue Grant Obligations pursuant to the proposed Third Amend- ment to Development Agreement. Section 2. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize additional Urban Renewal Tax Increment Revenue Grant Obligations, to be held on the 4th day of November 2019, at 6:00 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6 th St., Dubuque, Iowa. Section 3. The notice of the proposed action shall be in substantially the form attached hereto. Passed, approved, and adopted this 7th day of October, 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 5. Walter Development, LLC; BAS Development, LLC; and Unison Solutions Develop- ment Agreement: City Manager recommending that the City Council set a public hearing for November 4, 2019, on a proposed Development Agreement by and among the City of Dubuque, Walter Development, LLC, BAS Development, LLC, and Unison Solutions, Inc. providing for the sale of city-owned real estate to BAS Development, LLC and the issu- ance of Urban Renewal Tax Increment Revenue Grant Obligations. Upon motion the doc- uments were received and filed and Resolution No. 359-19 Resolution of Intent to dispose of an interest in City of Dubuque Owned real estate by sale to BAS Development, LLC pursuant to a proposed Development Agreement; fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed sale of the real estate and on the issuance of Urban Renewal Tax Increment Revenue Grant Obligations to Unison Solutions, Inc.; and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:00 p.m. o n November 4, 2019 in the His- toric Federal Building. RESOLUTION NO. 359-19 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE OWNED REAL ES- TATE BY SALE TO BAS DEVELOPMENT, LLC PURSUANT TO A PROPOSED DE- VELOPMENT AGREEMENT; FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED SALE OF THE REAL ESTATE AND ON THE ISSUANCE OF URBAN RENEWAL TAX INCRE- MENT REVENUE GRANT OBLIGATIONS TO UNISON SOLUTIONS, INC.; AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, Walter Development, LLC, is the owner of the following described real estate (the Walter Development Property): LOT 2-1 WALTER ADD; locally known as 5301 CHAVENELLE RD; and Whereas, BAS Development, LLC is the owner of the following described real estate (the BAS Property): LOT 1 WALTER SECOND ADD; locally known as 5451 CHAVENELLE RD; and Whereas, Unison Solutions, Inc. leases a part of the Walter Development Property for its operations (the Facility); and 21 Whereas, Unison Solutions, Inc. has determined that it requires an expanded Facility to maintain and expand its operations and employment; and Whereas, the Facility will be the home office for a multistate business; and Whereas, the City of Dubuque (City) is the owner of the following described rea l prop- erty: LOT 2-2 OF MCFADDEN FARM PLACE in the City of Dubuque, Iowa (the City Property); and Whereas, BAS Development, LLC has requested that City sell to it the City Property so that Walter Development, LLC may develop the Walter Development Property and the City Property for the expansion of the Facility; and Whereas, Walter Development, LLC will undertake the expansion of a building for the Facility and will make a capital investment in building improvements, equipment, furniture, and fixtures; and Whereas, Unison Solutions, Inc. will create Ten (10) new full-time jobs at the expanded Facility; and Whereas, City, Walter Development, LLC, BAS Development, LLC, and Unison Solu- tions, Inc. have caused to be prepared a Development Agre ement, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa, providing for the sale of the City Property to BAS Development, LLC, the development of the Property by Walter Development, LLC, and the issuance of economic development grants (Urban Renewal Tax Increment Revenue Grant Obligations) to Unison Solutions, Inc. in connection with the foregoing developments; and Whereas, the City Council finds that it is in the best interests of the City to approve the Development Agreement; and Whereas, before the Development Agreement providing for the sale of the City Prop- erty and the issuance of Urban Renewal Tax Increment Revenue Grant Obligations the may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of the City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council intends to dispose of its interest in the City Property by sale to BAS Development, LLC and approve the issuance of Urban Renewal Tax Incre- ment Revenue Grant Obligations pursuant to the proposed Development Agreement. Section 2. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to dispose of its interest in the Expansion Property and to authorize Urban Renewal Tax Increment Revenue Grant Obligations, to be held on the 4 th day of November 2019, at 6:00 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa. Section 3. The notice of the proposed action shall be in substantially the form attached hereto. Passed, approved, and adopted this 7th day of October, 2019. Jake A. Rios, Mayor Pro Tem 22 Attest: Kevin S. Firnstahl, City Clerk 6. Walter Development, LLC Development Agreement : City Manager recommending that the City Council set a public hearing for November 4, 2019 to approve the Develo p- ment Agreement between the City of Dubuque and Walter Development, LLC. Upon mo- tion the documents were received and filed and Resolution No. 360-19 Resolution of In- tent to dispose of an interest in City of Dubuque real estate pursuant to a Development Agreement Between the City of Dubuque and Walter Development, L LC and fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the Develop- ment Agreement including the proposed issuance of Urban Renewal Tax Increment Rev- enue Grant Obligations 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 November 4, 2019 in the Historic Federal Building. RESOLUTION NO. 360-19 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE PUR- SUANT TO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND WALTER DEVELOPMENT, LLC AND FIXING THE DATE FOR A PUBLIC HEAR- ING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE DEVELOP- MENT AGREEMENT INCLUDING THE PROPOSED ISSUANCE OF URBAN RE- NEWAL TAX INCREMENT REVENUE GRANT OBLIGATIONS AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the two separately identified parcels totaling approximately 17.64 acres, referred to herein and in Exhibit B-2 as Parcel A and Parcel B (the Property); and Whereas, City and Walter Development, LLC have entered into a Development Agree- ment, subject to the approval of the City Council, pursuant to which City will con vey the Property to Walter Development, LLC, and Walter Development, LLC will construct on the Property certain improvements described in the Development Agreement; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of City to approve the Development Agreement, including the conveya nce of the Property to Walter Development, LLC; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to Walter Development, LLC, referred to therein as Urban Renewal Tax Increment Revenue Grant Obligations, payable from the tax increment revenues col- lected in respect of the Improvements to be constructed by Walter Development, LLC in accordance with the Development Agreement, for the purpose of carrying out the objec- tives of an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposa l and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meet- ing the City Council shall receive oral and/or written objections from any resident or prop- erty owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: 23 Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -de- scribed Property by Deed to Walter Development, LLC pursuant to the proposed Devel- opment Agreement. Section 2. The City Clerk is hereby authorized and directed to cause this Reso lution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City’s intent to dispose of the foregoing-described Property, to be held on the 4th day of November 2019 at 6:00 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obli- gations and the execution of the Development Agreement relating thereto with Walter Development, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic development grants to Walter Development, LLC pursuant to the Development Agree- ment under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approximately $2,630,000. Section 4. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publica- tion to be not less than four days nor more than twenty days before the date of said meeting on the disposal of the City’s interest in the Property and th e issuance of said obligations. Section 5. The notice of the proposed action shall be in substantially the form attached hereto. Passed, approved, and adopted this 7th day of October, 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 7. Ice Harbor Flood Gate Abutment Repair Project : City Manager recommending initi- ation of the public bidding procedure for the Ice Harbor Gate Abutment Repair Project, and further recommends that a public hearing be set for Novemb er 4, 2019. Upon motion the documents were received and filed and Resolution No. 361-19 Preliminary approval of plans, specifications, form of contract, and estim ated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertise- ment of bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on November 4, 2019 in the Historic Federal Building. RESOLUTION NO. 361-19 ICE HARBOR FLOOD GATE ABUTMENT REPAIR PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS 24 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 Ice Harbor Flood Gate Abutment Repair Project in the estimated amount of $85,000 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 4th day of November, 2019, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubu- que, Iowa, at which time interested persons may appear and be heard 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 having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days n or more than twenty days prior to the date of such hearing. At the hearing, any interested per son may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Section 3. The Ice Harbor Flood Gate Abutment Repair Project is hereby ordered to be advertised for bids for construction. The amo unt 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 4. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids and 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 5 th day of November, 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 or about the 18 th day of November 2019, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 8. Dubuque Industrial Center West (DICW) Urban Renewal Plan Amendment 2019.1 - Resolution of Necessity: City Manager recommending approval of a Resolution of Ne- cessity which finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District is both necessary and appropriate and sets a public hearing on the proposed Amended and Restated Urban Renewal Plan for November 4, 2019. Upon motion the documents were received and filed and Resolution No. 362-19 Authorizing and directing the City Manager to prepare an Amended and Re- stated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, and setting dates of hearing and consultation on the proposed A mended and Restated Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on November 4, 2019 in the Historic Federal Building. RESOLUTION NO. 362-19 25 AUTHORIZING AND DIRECTING THE CITY MANAGER TO PREPARE AN AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE DUBUQUE INDUSTRIAL CEN- TER ECONOMIC DEVELOPMENT DISTRICT, AND SETTING DATES OF HEARING AND CONSULTATION ON THE PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan (the “Plan” or “Urban Renewal Plan”) for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the Plan be amended to add additional project details; and Whereas, Iowa Code Chapter 403 requires that before a Plan ma y be modified, the City Council must follow the notification, consultation, and public hearing process set forth therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District to include in such Plan any appropriate project activities and details, and to deter- mine an appropriate date for and conduct the consultation process required by law with affected taxing entities concerning the proposed amendment. Section 2. The City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District on November 4, 2019 at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activ- ities planned for such areas, and said notice shall be published in a newspaper having general circulation within the City not less than four days nor more than twenty days be- fore the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 3. The City Clerk is further directed to send by ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan includes the use of tax increment revenues for a public building, an analysis of alternative development and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 9. Multicultural Family Center Expansion and Renovation Project: City Manager rec- ommending initiation of the public bidding pro cedure for the Multicultural Family Center Expansion and Renovation Project, and further recommends that a public hearing be set for October 21, 2019. Upon motion the documents were received and filed and Resolution No. 363-19 Preliminary Approval of plans, specifications, form of contract, and estimated 26 cost; setting date of public hearing on plans, specifications, form of contract, and e sti- mated cost; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on October 21, 2019 in the Historic Federal Building. RESOLUTION NO. 363-19 MULTICULTURAL FAMILY CENTER EXPANSION AND RENOVATION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; 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 Multicultural Family Center Expansion and Renovation Project in the estimated amount $1,407,174, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 21st day of October, 2019, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubu- que, Iowa, at which time interested persons may appear and be heard 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 having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of con tract, or estimated cost of the Project. Section 3. Multicultural Family Center Expansion and Renovation 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 Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will occur not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 29th day of October 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 4th day of November 2019, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS 27 Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Human Rights Commission: One, 3-Year term through January 1, 2021 (Vacant term of Templeton). Applicants: Dan Chatfield, 2780 Pennsylvania Ave.; Michael J. Durnin, 3560 Pennsylvania Ave.; and Kathy McCarthy, 3491 Waller St. Ms. McCarthy, and Mr. Durnin spoke in support of their respective appointments and provided brief bi- ographies. 2. Transit Advisory Board: One, 3-Year term through July 30, 2022 (Vacant term o f Lohrmann). Applicant: Luanna Gerdemann, 4929 Little Valley Dr. Ms. Gerdemann spoke in support of her appointment and provided a brief biography. PUBLIC HEARINGS 1. Grant of Easement for Private Parking Lot Improvements Across West 9th Street Right-of-Way: Proof of publication on notice of public hearing to consider approval of a Grant of Easement for private parking lot improvements across City-owned property in the West 9th Street right-of-way and the City Manager recommending approval. Motion by Shaw to receive and file the documents and adopt Resolution No. 364-19 Disposing of an interest in City of Dubuque real estate by Grant of Easement for private parking lot improvements across part of the West 9th Street Right -of-Way lying within City Lot 688 in the City of Dubuque, Iowa to Woodward Communications, Inc. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 364-19 DISPOSING OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE BY GRANT OF EASEMENT FOR PRIVATE PARKING LOT IMPROVEMENTS ACROSS PART OF THE WEST 9TH STREET RIGHT OF WAY LYING WITHIN CITY LOT 688 IN THE CITY OF DUBUQUE, IOWA, TO WOODWARD COMMUNICATIONS, INC. Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 20th day of September, 2019, the City Council of the City of Dubuque, Iowa met on the 7th day of October, 2019, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: A part of the West 9th Street Right of Way lying within City Lot 688, all in the City of Dubuque, Dubuque County, Iowa, as shown in Exhibit A of the attached Grant of Easement for Private Parking Lot Improvements; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The sale of City of Dubuque real property described as A part of the West 9th Street Right of Way lying within City Lot 688, all in the City of Dubuque, Dubuque County, Iowa, to Woodward Communications, Inc. be and the same is hereby approved 28 for the sum of $2,232.44, subject to the conditions of the Grant of Easement for Private Parking Lot Improvements. Conveyance of interest shall be by Grant of Easement. Section 3. The City reserves unto itself the perpetual right for the purpose of erecting, installing, constructing, reconstructing, maintaining, owning, operating and repair of storm and sanitary sewers, watermain, pavement, street lights, gas, telephone, television, fiber optics cable, and electrical lines above or below the Private Improvements as such utilities would not interfere with the existence of the Private Improvements. Section 4. Any and all applicable publication and recording fees are to be paid by Woodward Communications, Inc. Section 5. That the Mayor be authorized and directed to execute the Grant of Ease- ment for Private Parking Lot Improvements, and the City Clerk be and is hereby author- ized and directed to deliver said grant of easement to Woodward Communications, Inc. upon receipt of the $2,232.44 payment. Section 6. The City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 2. Sale of City-Owned Property at 799 Rush Street: Proof of publication on notice of public hearing to consider the sale of City-owned property located at 799 to the abutting property owners, Eric and Beth Hemmer, for consolidation i nto one parcel; and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 365-19 Disposing of City Interest in real estate located at 799 Rush Street in the City of Dubuque, Iowa. Seconded by Del Toro. Motion carried 6-0. RESOLUTION NO. 365-19 DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 799 RUSH STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 339-19, dated September 16, 2019, de- clared its intent to dispose of City interest in real property located at 799 Rush Street, legally described as: Lot 1 of the Subdivision of Lot 2 of the South 165 feet of Lot 190 in Union Addition to the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on October 7, 2019, at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, Eric and Beth Hemmer have signed an offer to purchase; and Whereas, the City of Dubuque will consolidate the parcel at 795 Rush Street with the parcel at 799 Rush Street; and Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property to Eric and Beth Hemmer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: 29 Section 1. The City of Dubuque hereby approves the disposition of the City’s interest in the following legally-described property: Lot 1 of the Subdivision of Lot 2 of the South 165 feet of Lot 190 in Union Addition to the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof. Section 2. The Mayor is hereby authorized and directed to provide a Special Warranty Deed to the buyer, conveying the City’s interest to Eric and Beth Hemmer for the herein - described real estate. Section 3. The City Clerk is hereby authorized and directed to cause said Special War- ranty Deed to be recorded in the Office of the Dubuque County Recorder. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin Firnstahl, City Clerk ACTION ITEMS 1. Flexsteel Industries Termination of Redevelopment Project Agreement and Amend- ment to City-County Purchase Agreement: City Manager recommending approval of the Termination of Redevelopment Project Agreement between and among Flexsteel Indus- tries Inc., Dubuque County, Dubuque Initiatives and the City of Dubuque and the Amend- ment to Offer to Buy Real Estate and Acceptance between Dubuque County and the City of Dubuque. Motion by Jones to receive and file the documents and adopt Resolution No. 366-19 Approving the termination of Redevelopment Project Agreement by and among the City of Dubuque, Iowa, (“City”), Dubuque Initiatives, (“Initiatives”), Flexsteel Industries, Inc., (“Flexsteel”), and County of Dubuque, Iowa, (“County”) (Collectively the “Parties”); and Resolution No. 367-19 Approving an Amendment to Offer to Buy Real Estate and Acceptance between the City of Dubuque and Dubuque County, Iowa . Seconded by Shaw. Responding to questions from the City Council, City Manager Van Milligen stated that any project timeline would have to be determined between Flexsteel Industries and their contractors. Motion carried 6-0. RESOLUTION NO. 366-19 APPROVING THE TERMINATION OF REDEVELOPMENT PROJECT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, (“CITY”), DUBUQUE INITIATIVES, (“INITIATIVES”), FLEXSTEEL INDUSTRIES, INC., (“FLEXSTEEL”), AND COUNTY OF DUBUQUE, IOWA, (“COUNTY”) (COLLECTIVELY THE “PARTIES”) Whereas, Flexsteel is the owner of the property described as follows: Tax Parcel Numbers: 1011426003 (30.00 acres); 1011426004 (8.36 acres); 1013101001 (0.26 acres); and 1011427004 (0.83 acres); and 1013101002 (2.84 acres) (formerly referred to as 1014230001 (3.73 acres), and 1011426002 (1.44 acres), excluding a parcel of real estate at the Southeast corner of Flexsteel’s park- ing lot located at the Northeast corner of 32nd and Jackson Streets, Dubuque, Iowa consisting of approximately 35,680 square feet and having a street address of 3250 Jackson Street (American Trust branch), which is now known as Parcel No. 1014230002), (collectively the “Property”); and 30 Whereas, City, Initiatives and Flexsteel entered into that certain Redevelopment Pro- ject Agreement regarding the Property dated May 15, 2017 (the “Redevelopment Agree- ment”); and Whereas, County is an intended Third-Party Beneficiary to the Redevelopment Agree- ment; and Whereas, the Parties desire to terminate all obligations, liabilities, and benefits under the Redevelopment Agreement in its entirety and to release and discharge each other from further performance of the provisions of the Red evelopment Agreement. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Termination of Redevelopment Project Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Termination of Redevelopment Project Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 367-19 APPROVING AN AMENDMENT TO OFFER TO BUY REAL ESTATE AND AC- CEPTANCE BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY, IOWA This Amendment to Offer to Buy Real Estate and Acceptance between Dubuque County, Iowa and the City of Dubuque, Iowa, is dated for reference purposes the 7th day of October 2019. Whereas Dubuque County, Iowa and the City of Dubuque, Iowa entered into an Offer to Buy Real Estate and Acceptance, accepted by the City of Dubuque on June 5, 2017, for the following-described real estate: Lot 4 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa; and A parcel of land of 3.88 acres more or less on Seippel Road in the Dubuque Industrial Center West Urban Renewal District of the City of Dubuque, as shown on Exhibit A attached hereto, subject to survey and platting the cost of which will be paid by Buyer (the Real Estate); and Whereas, the intent of Dubuque County and the City of Dubuque was that Lot 4 of Dubuque Industrial Center South First Addition in the City of Dubuque, Iowa would be sold by Dubuque County to Flexsteel Industries, Inc. and developed pursuant to the June 5, 2017 Development Agreement between the City of Dubuque and Flexsteel Industries, Inc.; and Whereas, the agreed-upon Purchase Price for the Real Estate in Section 2.1 of the Offer to Buy Real Estate and Acceptance was $3,320,000 to be paid as follows: (1) $1,320,000 at the time of closing on the Closing (of which $660,000 was to be retained by Seller), and the balance of $2,000,000 as follows: (2) $300,000 on or before the 1st day of July 2018, $300,000 on or before the 1st day of July of each year thereafter for five (5) years, and the balance of $200,0000 on or before July 1, 2024; and Whereas, the Purchase Price in Section 2.1(2) of the Offer to Buy Real Estate and Acceptance was to be for Demolition Costs for the redevelopment of property owned by 31 Flexsteel Industries, Inc. (the Flexsteel Redevelopment Property) pursuant to the Rede- velopment Project Agreement by and among the City of Dubuque, Iowa, Dubuque Initia- tives, and Flexsteel Industries, Inc., dated the 15th day of May, 2017 (the Redevelopment Agreement) to which Dubuque County, Iowa is a third-party beneficiary; and Whereas, the parties to the Redevelopment Agreement have elected to terminate all rights and obligations in the Redevelopment Agreement including the redevelopment of the Flexsteel Redevelopment Property pursuant to the Termination of Redevelopment Project Agreement by and among the City of Dubuque, Iowa, Dubuque Initiatives, Flexsteel Industries, Inc., and County of Dubuque, Iowa, dated for reference purposes the 7th day of October 2019; and Whereas, Dubuque County and the City of Dubuque agree that Dubuque County should no longer be obligated to make the payments required by Section 2.1(2) of the original Offer to Buy Real Estate and Acceptance. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Amendment to Offer to Buy Real Estate and Acceptance is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Amendment to Offer to Buy Real Estate and Acceptance on behalf of the City of Dubuque. Passed, approved, and adopted this 7th day of October 2019. Jake A. Rios, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 2. Southwest Arterial Construction Update Video: Cable TV Division showed a video of the recent progress of the Southwest Arterial Project for September 2019. Motion by Shaw to receive and file the information. Seconded by Jones. Motion carried 6 -0. COUNCIL MEMBER REPORTS Council Member Del Toro encouraged eligible voters to participate in the primary elec- tion on October 8, 2019, and to participate in the upcoming candidate forums ahead of the city election on November 5, 2019. He urged staff to provide a recommendation re- garding a policy for canceling or postponing City Council meetings adding that he would like the City Council to then discuss the matter on an upcoming agenda. Mayor Pro-Tem Rios recited the Native American Ten Commandments as provided by the Indigenous People’s Day representatives during the presentation of the proclamation. There being no further business, upon motion by Jones, seconded by Shaw, the City Council adjourned at 6:42 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk