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12 2 19 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on December 2, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Buol; Council Members Jones, Resnick, Shaw, Sprank; City Manager Van Milligen, City Attorney Brumwell Absent: Council Members Del Toro and Rios Mayor Buol read the call and stated this is a special session of the City Council cal led for the purpose of conducting a work session on the Project H.O.P.E. Quarterly Report. WORK SESSION Project H.O.P.E Quarterly Update Peter Supple, Dubuque Community Foundation of Greater Dubuque Economic Oppor- tunity Coordinator, presented the Project H.O.P.E. 4th Quarter Report. Mr. Supple high- lighted funding opportunities for brain health and ongoing partnerships. Laura Klavitter, Heidi Zull, and Hilary Dalton presented on neighborhood initiatives; neighborhood gardens with homemade water collection systems, hog roast potluck, trash cleanup and impacts. Donna Loewen, Local College Access Network (LCAN) Coordinator, outlined the LCAN program. Presenters responded to questions from the Council. There being no further business, Council Member Resnick moved to adjourn at 6:00 p.m. Seconded by Jones. Motion carried 5-0. /s/Trish L. Gleason, MMC, Assistant City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on December 2, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Buol; Council Members Jones, Resnick, Shaw; Sprank, City Manager Van Milligen, City Attorney Brumwell Absent: Council Members Del Toro and Rios Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may prop erly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Northeast Iowa Community College Alumni Hall of Fame Induction of Rick Steines : Dr. Liang Chee Wee Northeast Iowa Community College President inducted Fire Chief Rick Steines into the 2019 Northeast Iowa Community College Alumni Hall of Fame. Chief Steines thanked Dr. Wee, City Manager Van Milligen, and Dubuque Fire Department and Emergency Response staff. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Council Member Shaw requested #10 Dubuque County Supervisors Resolution Supporting Transfer of Roosevelt Park be held for separate discussion. Motion carried 5-0. 1. Minutes and Reports Submitted: City Council Proceedings of 11/18; Civil Service of 11/19; Community Development Advisory Commission of 11/20. Upon motion the docu- ments were received and filed 2. Notice of Claims and Suits; Michael Lenstra for vehicle damage and Ethel Schneider for property damage. Upon motion the documents were received, filed, and Refer to City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Nancy Fett for vehicle damage; Michael Lenstra for vehicle damage; Ethel Schneider 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. 408-19 Authorizing the Finance Director-City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City pro- cedures was adopted. RESOLUTION NO. 408-19 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 providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at- tached hereto, and by this reference made a part 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 her etofore, 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 appropria- tions. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finan ce 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 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 5. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing the City of rate adjustments being implemented on or about December 22, 2019. Upon motion the document was received and filed. 6. 4th Annual Arts & Business Luncheon Program: Arts and Cultural Affairs Commission transmitting 4th Annual Arts and Business Luncheon Program. Upon motion the document was received and filed. 7. 84 Main, LLC Downtown Rehabilitation Grant: City Manager recommending approval of a Grant Agreement between the City of Dubuque and 84 Main Street, LLC. to redevelop property at 84 Main Street. Upon motion the documents were received and filed, and Res- olution No. 409-19 Approving a Grant Agreement by and between the City of Dubuque, Iowa and 84 Main, LLC for the redevelopment of 84 Main Street was adopted. RESOLUTION NO. 409-19 APPROVING A GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND 84 MAIN, LLC FOR THE REDEVELOPMENT OF 84 MAIN STREET Whereas, 84 Main, LLC has applied to the Economic Development Department for a Housing Creation Grant (the Grant) for the redevelopment of 84 Main Street 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 84 Main, LLC according to the terms and con- ditions set out in the Grant Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Grant Agreement by and between the City of Dubuque and CSB Con- sulting Company, 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 at- test 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 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 8. AmeriCorps Partners in Learning Supplemental Grant F iscal Year 2019: City Manag- er recommending approval of the amended agreement for AmeriCorps Partners in Learn- ing: Healthy Futures for Program Year 2019-2020. Upon motion the documents were re- ceived, filed, and approved. 9. Loras College Students Climate Action Request: Correspondence from Loras Envi- ronmental Action Forum and Sunrise Dubuque Hub requesting City Council budget p rioriti- zation of projects and proposals that further goals set by the Climate Action Plan Commit- tee. Upon motion the document was received and filed. 10. Dubuque County Supervisors Resolution Supporting Transfer of Roosevelt Park : Correspondence from the Dubuque County Supervisors Resolution supporting the transfer of Roosevelt Park to the Dubuque County Conservation Board for inclusion in the County's Long-Range Comprehensive Plan. Motion by Shaw to receive and file the document. Council Member Shaw expressed his support for the request. Responding to questions from Council Member Shaw, City Manager Van Milligen stated that the direction and ex- pectation is to wait until the Southwest Arterial is finished and then to prioritize the e xisting master plan for development of the park at a future City Council goal setting session. Se- conded by Resnick. Motion carried 5-0. 11. Cottingham & Butler - Iowa Economic Development Authority Application: City Man- ager recommending approval of the Economic Development Assistance Application on behalf of Cottingham & Butler Insurance Services, Inc. and Roshek Property, LLC for the proposed investment for the expansion of its operations in Dubuque. Upon motion the documents were received and filed and Resolution No. 410-19 Authorizing the filing of an application with the Iowa Economic Development Authority for Business Financial Assis- tance on behalf of Cottingham & Butler Insurance Services, Inc. and Roshek Property, LLC was adopted. RESOLUTION NO. 410-19 AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA ECONOMIC DE- VELOPMENT AUTHORITY FOR BUSINESS FINANCIAL ASSISTANCE ON BEHALF OF COTTINGHAM & BUTLER INSURANCE SERVICES, INC. AND ROSHEK PROPER- TY, LLC Whereas, Cottingham & Butler Insurance Services, Inc. operates an insurance broker- age at 800 Main Street in the City of Dubuque, Iowa which employs 706 full -time employ- ees; and Whereas, Roshek Property, LLC is an Iowa limited liability company formed by Cotting- ham & Butler Insurance Services, Inc. and Heartland Financial USA, Inc. for the purpose of acquiring and operating the Roshek Building at 700 Locust Street in Dubuque, Iowa; and Whereas, Cottingham & Butler Insurance Services, Inc. and Roshek Property, LLC have proposed making a Seven Million Five Hundred Thousand Dollar ($7,500,000.00) invest- ment in the acquisition and redevelopment of the Roshek Building; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and determined that the proposed project will contribute to the local economy through the creation of sixteen (16) full-time jobs in the City; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Iowa Eco- nomic Development Authority Business Financial Assistance Program on behalf of Cot- tingham & Butler Insurance Services, Inc. and Roshek Property, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The filing of an Application for participation in the Iowa Economic Develop- ment Authority’s Business Financial Assistance Program on behalf of Cottingham & Butler Insurance Services, Inc. and Roshek Property, LLC, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 12. Heartland Financial - Iowa Economic Development Authority Application: City Man- ager recommending approval of the Economic Development Assistance Application on behalf of Heartland Financial USA, Inc., Dubuque Bank and Trust Company, and Roshek Property, LLC for the proposed investment for the expansion of their op erations in Dubu- que. Upon motion the documents were received and filed and Resolution No. 411-19 Au- thorizing the Filing of an Application for State Business Financial Assistance on Behalf of Heartland Financial USA, Inc, Dubuque Bank and Trust Company, and Roshek Property, LLC was adopted. RESOLUTION NO. 411-19 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINAN- CIAL ASSISTANCE ON BEHALF OF HEARTLAND FINANCIAL USA, INC, DUBUQUE BANK AND TRUST COMPANY, AND ROSHEK PROPERTY, LLC Whereas, Heartland Financial USA, Inc. operates a financial services company at 1301 Central Avenue in the City of Dubuque, Iowa, which employs 438 full-time employees; and Whereas, Dubuque Bank and Trust Company is an Iowa bank and a subsidiary of Heartland Financial USA, Inc.; and Whereas, Roshek Property, LLC is an Iowa limited liability company formed by Cotting- ham & Butler Insurance Services, Inc. and Heartland Financial USA, Inc. for the purpose of acquiring and operating the Roshek Building at 700 Locust Street in Du buque, Iowa; and Whereas, Heartland Financial USA, Inc., Dubuque Bank and Trust Company, and Roshek Property, LLC have proposed making a Nine Million Dollar ($9,000,000.00) in- vestment in the acquisition and redevelopment of the Roshek Building; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed project will contribute to the local economy through the creation of sixteen (16) full-time jobs in the City which qualify for the Iowa Economic Development Authority Business Financial Assistance Program; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and document associated terms for the expansion of the operations of Heartland Financial USA, Inc., Dubuque Bank and Trust Company, and Roshek Property, LLC at 700 Locust Street in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The filing of an Application for participation in the Iowa Economic Develop- ment Authority’s Financial Assistance Program on behalf of Heartland Financial USA, Inc., Dubuque Bank and Trust Company, and Roshek Property, LLC, a copy of which is at- tached hereto, is hereby approved. Section 2. The Mayor is hereby authorized to execute and the City Manage r is hereby directed to submit the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 13. Fiscal Year 2019 Urban Renewal Report: City Manager recommending approval of the Fiscal Year 2019 Iowa Urban Renewal Report for the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 412-19 Approving the Fiscal Year 2019 Urban Renewal Report for The City of Dubuque was adopted. RESOLUTION NO. 412-19 APPROVING THE FISCAL YEAR 2019 URBAN RENEWAL REPORT FOR THE CITY OF DUBUQUE Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legi slative Session, amending the current law pertaining to urban renewal districts; and Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012, aims to increase transparency in the utilization of tax increment financing; and Whereas, HF 2460 requires an annual urban renewal report be approved by the majori- ty of a local governing body that had an active urban renewal plan anytime during the most recently ended fiscal year; and Whereas, City staff have fulfilled the requirements outlined in the Act through a web- based reporting tool hosted by the Iowa Department of Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Fiscal Year 2019 Urban Renewal Report for the City of Dubuque, be ap- proved. Section 2. The Director of Finance and Budget of the City of Dubuque, Iowa is hereby authorized and directed to submit the Report, with a record of this approval, to the Iowa Department of Management. Passed, approved, and adopted this 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 14. Fiscal Year 2019 State of Iowa Annual Financial Report : City Manager recommend- ing approval to file the Fiscal Year 2019 State of Iowa Annual Financial R eport with the State of Iowa Auditor. Upon motion the documents were received, filed , and approved. 15. Fiscal Year 2021 County Tax Increment Finance Report: Director of Finance and Budget Jennifer Larson transmitting the Annual Tax Increment Financing Re port that has been filed with Dubuque County Auditor Denise Dolan. Upon motion the documents were received and filed. 16. Park in Eagle Valley Subdivision Naming Request: City Manager recommending approval to adopt the name of Eagle Valley Park for the pa rk parcel in the Eagle Valley subdivision. Upon motion the documents were received, filed, and approved. 17. Public Works Staff Change Request: City Manager recommending approval to up- grade the current part-time clerical position to a full-time secretary position. Upon motion the documents were received, filed, and approved. 18. Dubuque Initiatives Termination of Development Agreement: City Manager recom- mending approval of a resolution terminating the Development Agreement between the City of Dubuque and Dubuque Initiatives regarding the redevelopment of the Roshek Building at 700 Locust Street. Upon motion the documents were received and filed, and Resolution No. 413-19 Approving the Termination of the Development Agreement by and between the City of Dubuque, Iowa and Dubuque Initiatives was adopted. RESOLUTION NO. 413-19 APPROVING THE TERMINATION OF THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE INITIATIVES Whereas, the City of Dubuque and Dubuque Initiatives entered into a Development Agreement dated for reference purposes the 17th day of February 2009 (the Development Agreement) for Initiatives property at 700 Locust Street, legally de scribed as follows: A parcel of land marked "Public Square" on the United States Commissioners' Plat of the Survey of the Town of Dubuque, Iowa and numbered as Lots 141, 142, and 143a, on the various wall maps of the City of Dubuque, Iowa; and, City Lots 1 43, 144 and 145, in the City of Dubuque, Iowa, according to the plat thereof in Book of Plats 34, page 353, records of Dubuque County, Iowa, also described as follows: Part of the United States Commissioners' Government Plat of the Original Town, now City, of Dubuque, in Dubuque County, Iowa, described as follows: Beginning at the southwesterly corner of Lot 141, originally designated as the southwesterly corner of the "Public Square", being also the intersection of the east line of Locust Street and the north line of West Seventh Street; thence North 22 degrees 30 minutes West along the east line of Locust Street to the northwesterly corner of Lot 145, being also the intersection of the east line of Locust Street and the southerly line of West Eighth Street; thence northeasterly along the northerly line of Lot 145 to the northeasterly corner of Lot 145, being also the intersection of the south line of West Eighth Street and the west line of the thirty foot alley East of Locust Street; thence southeasterly along the west line of said thirty foot alley to the southeasterly corner of Lot 141, orig- inally designated as the southeasterly corner of the "Public Square", being also the intersection of the west line of the thirty foot alley and the north line of West S eventh Street; thence South 67 degrees 30 minutes West to the point of beginning, accord- ing to the Plat thereof recorded as Instrument No. 1798-77, records of Dubuque County, Iowa; and Whereas, City and Initiatives now desire to terminate the Development A greement on the terms and conditions set forth in the Termination of Development Agreement Between the City of Dubuque, Iowa, and Dubuque Initiatives. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Termination of Development Agreement Between the City of Dubuque, Iowa and Dubuque Initiatives is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Termination of De- velopment Agreement on behalf of the City of Dubuque. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Termination of Development Agreement as herein approved. Passed, approved and adopted this 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 19. Residential Parking Permit District "H" Lea Lane - Parking Study Results: City Man- ager recommending approval of City Engineer Gus Psihoyos’ recommendation to deny the expansion of existing Residential Parking Permit District "H" along Lea Lane from Penn- sylvania Avenue to Key Corners due to the failure to meet the 70% curbside parking utili- zation requirement. Upon motion the documents were received, filed, and approved. 20. Residential Parking Permit District “H” Amendment Key Way Drive from Keymont Drive to Keystone Drive – Parking Study Results: City Manager recommending approval of City Engineer Gus Psihoyos’ recommendation to deny the expansion of existing Residen- tial Parking Permit District "H" along Key Way Drive between Keymont Drive and Keystone Drive due to the failure to meet the 70% curbside parking utilization requirement. Upon motion the documents were received, filed, and approved. 21. Residential Parking Permit District “H” Amendment Keymont Drive between Key Way Drive & Keymont Court – Parking Study Results: City Manager recommending ap- proval of City Engineer Gus Psihoyos’ recommendation to deny the expansion of existing Residential Parking Permit District "H" along Keymont Drive from Key Way Drive to Keymont Court due to the failure to meet the 70% curbside parking utilization requirement. Upon motion the documents were received, filed , and approved. 22. North Cascade Road Right-of-Way Dedication Plat from Property Owner Gary Val- entine: City Manager recommending approval of the Acquisition Plat of Lot 1A of Valentine Place No. 3 in the City of Dubuque and Dubuque County. Upon motion the documents were received and filed, and Resolution No. 414-19 Approving the Acquisition Plat of Lot 1A of Valentine Place No. 3, City of Dubuque and Dubuque County, Iowa was adopted RESOLUTION NO. 414-19 APPROVING THE ACQUISITION PLAT OF LOT 1A OF VALENTINE PLACE NO. 3, CITY OF DUBUQUE AND DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated February 13, 2019 prepared by The City of Dubuque Engineering Department describing Lot 1A of Valentine Place No. 3, in the City of Dubuque and Dubu- que County, Iowa; and Whereas, Lot 1A of Valentine Place No. 3, in the City of Dubuque and Dubuque County, Iowa is designated as Project Parcel 5 on said Acquisition Plat dated February 13, 2019 prepared by The City of Dubuque Engineering Department; and Whereas, said plat conform to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 1A, which Gary Valentine, by said plat has dedi- cated 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 February 13, 2019 prepared by The City of Dubuque Engi- neering 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 Valentine Place No. 3, in the City of Dubuque and Dubuque County, Iowa, for Right of Way purposes, as it appears on said Acquisition Plat, be and the same is hereby accepted. Section 3. The City Clerk be and is hereby authorized and directed to file said plat and certified copies of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved, and adopted this 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 23. Merge, LLC Development Agreement Plat of Survey : City Manager recommending approval of the Plat of Survey of Lot 1 and Lot 2 of Adams Company’s 5th Addition in the City of Dubuque as part of a Development Agreement between the City of Dubuque and Merge, LLC. Upon motion the documents were received and filed, and Resolution No. 415- 19 Approving Plat of Survey of Lot 1 and Lot 2 of Adams Company’s 5th Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 415-19 APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF ADAMS COMPANY’S 5TH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 15th day of November 2019, prepared by Bolton & Menk, Inc., dividing Lot 2 - 1 of Adams Company’s 4th Addition, to be hereinafter known as Lot 1 and Lot 2 of Adams Company’s 5th 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 the 15th day of November 2019, prepared by Bolton & Menk, Inc. relative to the real estate hereinabove des cribed 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 for 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 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 24. Acceptance of Grand River Center Decorative Concrete Replacement Project : City Manager recommending acceptance of the public improvement construction contract for the Grand River Center – Decorative Concrete Repair Project, as completed by D&D Con- crete, Inc. Upon motion the documents were received and filed, and Resolution No. 416-19 Accepting the Grand River Center - Decorative Concrete Repair Project and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 416-19 ACCEPTING THE GRAND RIVER CENTER - DECORATIVE CONCRETE REPAIR PROJECT AND AUTHORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Grand River Center - Decorative Concrete Repair Project (the Project) has been completed by the Contractor, D&D Con- crete, 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 En gineer recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $74,705.13; and Whereas, the Contractor has previously been paid $70,969.87, leaving a retainage bal- ance of $3,735.26; 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 Grand River Center - Exterior Decorative Concrete CIP appropriations for the contract amount of $74,705.13 less any retained percentage provided for therein as provided in Io- wa Code. Section 3. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $3,735.26 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE GRAND RIVER CENTER - DECORATIVE CONCRETE REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Grand River Center - Decorative Concrete Repair Project, and that the Project has been completed in compliance with the terms of the Publi c Improvement Con- tract, and that the total cost of the completed work is $83,704.09. Dated this 22nd day of November 2019. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 22nd day of November 2019. /s/Trish L. Gleason, Assistant City Clerk 25. Acceptance 2019 Decorative Concrete Maintenance Project: City Manager recom- mending acceptance of the public improvement construction contract for the 2019 Decora- tive Concrete Maintenance Project, as completed by Skyline Storage & Trucking, Inc. Up- on motion the documents were received and filed, and Resolution No. 417-19 Accepting the 2019 Decorative Concrete Maintenance Project and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 417-19 ACCEPTING THE 2019 DECORATIVE CONCRETE MAINTENANCE PROJECT AND AUTHORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2019 Decorative Concrete Mainte- nance Project (the Project) has been completed by the Contractor, Skyline Storag e & Trucking, 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 Pro- ject be accepted; and Whereas, the final contract amount for the Project is $174,087.14; and Whereas, the Contractor has previously been paid $165,382.79, leaving a retainage balance of $8,704.35; 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 Decorative Concrete Maintenance and City Hall Maintenance CIP appropriations for the contract amount of $174,087.14 less any retained percentage provided for therein as pro- vided in Iowa Code. Section 3. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $8,704.35 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa C ode chapter 26.13. Passed, approved, and adopted this 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2019 DECORA- TIVE CONCRETE MAINTENANCE PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2019 Decorative Concrete Maintenance 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 $197,730.34. Dated this 22nd day of November 2019. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 22nd day of November 2019. /s/Trish L. Gleason, Assistant City Clerk 26. Q Casino Parking Lot and Hilton Hotel Front Entrance Repair Request: City Manag- er recommending approval of Dubuque Racing Association’s request for repairs to sec- tions of the Q Casino parking lot and the Hilton Hotel main entrance with funding from the Depreciation and Improvement (D&I) Fund. Upon motion the documents were received, filed, and approved. 27. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed, and Resolution No. 418-19 Approving applications for beer, liquor, and/or wine per- mits, 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 Per- mits was adopted. RESOLUTION NO. 418-19 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED 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: 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 Bridge Restaurant 31 Locust St. Class C Liquor (Sunday) Happy's Place 2323 Rockdale Rd. Class C Liquor (Sunday) Inspire Cafe 955 Washington St. Suite 105 Class C Liquor, Class B wine (Outdoor) (Sunday) Next Phase Bar 1700 Central Ave. Class C Liquor (Sunday) Pepper Sprout, Inc. 378 Main St. Class C Liquor Your Pie 806 Wacker Dr. Special Class C Liquor (Outdoor) (Sunday) New Milk House 620 S. Grandview Ave. Special Class C Liquor, Class B Wine (Sunday) Passed, approved, and adopted this 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ITEMS SET FOR PUBLIC HEARING 1. Roshek Property Development Agreement: City Manager recommending City Council adopt the attached resolution approving the 1st Amendment to Development Agreement and setting a December 16, 2019 public hearing on the Development Agreement, as amended, including providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations. Motion by Resnick to receive and file the documents, approve the First Amendment to the Development Agreement, adopt Resolution No. 419-09 Approving a First Amendment to Development Agreement by and Among the City of Dubuque, Iowa, Roshek Property, LLC, Cottingham & Butler, Inc. and Heartland Financial USA, Inc. and Resolution No. 420- 19 Fixing the Date for a Public Hearing of the City Council of the City of Dubuque, Iowa on a proposed Development Agreement as Amended by and among the City of Dubuque, Io- wa, Roshek Property, LLC, Cottingham & Butler, Inc. and Heartland Financial USA, Inc, including the issuance of Urban Renewal Tax Increment Revenue Obligations, and provid- ing for the publication of notice thereof. Seconded by Jones. Motion carried 5-0. RESOLUTION NO. 419-19 APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, ROSHEK PROPERTY, LLC, COTTINGHAM & BUTLER, INC. AND HEARTLAND FINANCIAL USA, INC. Whereas, City, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland Finan- cial USA, Inc. have entered into a Development Agreement for the Roshek Building sub- ject to City Council approval; and Whereas, all parties desire and have consented to amend the Development Agreement as set forth herein; and Whereas, it is the determination of the City Council that approval of the First Amend- ment to Development Agreement is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The First Amendment to Development Agreement by and among the City of Dubuque, Roshek Property, LLC, Cottingham & Butler, Inc., and Heartland Financial USA, Inc., a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the First Amend- ment to Development Agreement 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 First Amendment to Development Agreement as herein ap- proved. Passed, approved, and adopted this 2nd day of December, 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 420-19 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON A PROPOSED DEVELOPMENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, ROSHEK PROPERTY, LLC, COTTINGHAM & BUTLER, INC. AND HEARTLAND FINANCIAL USA, INC, INCLUDING THE ISSU- ANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City, Roshek Property, LLC, Cottingham & Butler, Inc. and Heartland Finan- cial USA, Inc. have entered into a Development Agreement, subject to the approval of the City Council, for the rehabilitation of property located at 700 Locust Street, a copy of which Development Agreement is now on file at the Office of the City Clerk, City Hall, 50 W. 13 th Street, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement with Roshek Property, LLC, Cot- tingham & Butler, Inc. and Heartland Financial USA, Inc.; and Whereas, it is deemed necessary and advisable that the City Council authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and enter into the Development Agreement for the purpose of carrying out the reha- bilitation of property located at 700 Locust Street; 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 proposal 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 proper- ty 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 Clerk is hereby authorized and directed to cause a notice to be pub- lished as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to approve the Development Agreement and authorize Urban Renewal Tax Increment Reve- nue obligations, to be held on the 16th day of December 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 2. The City Council will meet at said time and place for the purpose of taking ac- tion on the matter of approving the Development Agreement with Roshek Property, LLC, Cottingham & Butler, Inc. and Heartland Financial USA, Inc. and authorizing Urban Re- newal Tax Increment Revenue obligations, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Amended and Re- stated Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Roshek Property, LLC pursuant to the Development Agreement. It is expected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $2,525,000. Section 3. 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 publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. The notice of the public hearing and the proposed action to issue said obliga- tions shall be in substantially the form attached hereto. Passed, approved, and adopted this 2nd day of December, 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 2. Request for Removal of Residential Parking Permit District A: City Manager recom- mending that a public hearing be set for December 16, 2019, on the University of Dubu- que’s request to withdraw Grace Street from North Algona Street to 270 feet east of McCormick Street from the Residential Parking Permit District “District A.” Motion by Res- nick to receive and file the documents, adopt Resolution No. 421-19 Setting a public hear- ing on amending Residential Parking Permit District A to remove a section of Grace Street from North Algona Street to 270 Feet East of McCormick Street and set a public hearing for a meeting to commence at 6:00 p.m. on December 16, 2019 in the Historic Federal Building. Seconded by Jones. Motion carried 5-0. RESOLUTION NO. 421-19 SETTING A PUBLIC HEARING ON AMENDING RESIDENTIAL PARKING PERMIT DIS- TRICT A TO REMOVE A SECTION OF GRACE STREET FROM NORTH ALGONA TO 270 FEET EAST OF MC CORMICK STREET Whereas, the City of Dubuque, pursuant to Ordinance 9 -14-321.733 of the Code of Or- dinances, has received a request that the area described as follows be excluded in Resi- dential Parking Permit District A: Grace Street, from North Algona to 270 feet east of McCormick Street; and Whereas, the City Manager, in accordance with Ordinance 9 -14-321.733 recommends that Residential Parking Permit District A be amended to exclude such area and that the City Council set a public hearing on the request to amend Residential Parking Permit Dis- trict A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council finds and determines that the request from petitioner is valid for Grace Street, in Residential Parking Permit District A. Section 2. The City Clerk be authorized and directed to publish a notice of public hear- ing on amending Residential Parking Permit District A, to be held on December 16, 2019. Passed, approved, and adopted this 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish Gleason, Assistant City Clerk BOARDS/COMMISSIONS Appointment considered for the following Boards/Commissions. 1. Building Code and Advisory Appeals Board: One, 3-Year term through August 1, 2021 (Vacant At-Large term of Luchsinger) Applicant: Russell Bickle 933 White St. No ap- pointments made for lack of motion. 2. Community Development Advisory Commission: One, 3-Year term through February 15, 2020 (Vacant At-Large term of Pinnola) Applicant: Hilary Dalton, 1629 Washington St. Motion by Jones to appoint Ms. Dalton to the 3-year term through February 15, 2020. Se- conded by Resnick. Motion carried 5-0. PUBLIC HEARINGS 1. Lower Bee Branch Security Network Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Lower Bee Branch Security Network Project and the City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolu- tion No. 422-19. Approval of plans, specifications, form of contract, and estimated cost for the Lower Bee Branch Security Network Project. City Engineer Gus Psihoyos responded to questions from the City Council. Seconded by Shaw. Motion carried 5-0. RESOLUTION NO. 422-19 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE LOWER BEE BRANCH SECURITY NETWORK PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: The proposed plans, specifications, form of contract and estimated cost for the Lower Bee Branch Security Network Project, in the estimated amount $303,265.00, are hereby approved. Passed, adopted, and approved this the 2nd day of December 2019. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk PUBLIC INPUT George Cooley, 2255 Francis Street, addressed the Council regarding a tree in front of his home. City Manager Van Milligen apprised Mr. Cooley and City Council that staff from the Leisure Services Department had already determined that the tree was a live and via- ble tree, but that he would see that the issue was looked at further, and a written response would be sent to Mr. Cooley within two weeks. Dick Avenarius, 1881 Keymont Ct; and Robert Smith, 1800 Keymont Ct., each ad- dressed the Council regarding parking issues on Keymont Ct. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson presented a verbal update on the quarterly activities of the Greater Dubu- que Development Corporation. Topics included: Board makeup, reinvestment of funds, Hormel/Progressive Packaging, Inc.’s, workforce expansion; and the inaugural College Ca- reer Fair. Motion by Resnick to receive and file the information. Seconded by Jones. Mo- tion carried 5-0. 2. Request to Schedule Work Session for Travel Dubuque: City Manager recommend- ing the City Council set Travel Dubuque’s annual City budget work session for February 17, 2020 at 5:30 p.m. Motion by Jones to receive and file the documents and set the work session as recommended. Seconded by Resnick. Mayor Buol confirmed with Council Members-Elect who were in attendance. Council Member Jones requested that the sched- uling of work sessions and allotted timeframe be addressed at the upcoming City Council Governance Session. No conflicts were noted. Motion carried 5-0. ADJOURNMENT There being no further business, Council Member Jones moved to adjourn at 6:50 p.m. Seconded by Resnick. Motion carried 5-0. /s/Trish L. Gleason, MMC, Assistant City Clerk