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3 2 20 City Council Proceedings Official_Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on March 2, 2020 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Shaw, Sprank; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Central Avenue Corridor Streetscape Master Plan. WORK SESSION Central Avenue Corridor Streetscape Master Plan Economic Development Director Jill Connors introduced the work session and RDG consultant Ryan Peterson, who conducted the slide presentation. Topic included: • Acknowledgements: City administration, Steering Committee, Consultant Team, WHKS, RDG, and the Washington Neighborhood; • Background: Central Avenue Study Area; project timeline 2018 -2019; • Public Input: Engagement Strategy; The Central Event; Spring Fling on Central; Respondent priorities; • Strategy: identifying emerging themes; • Analysis: regional opportunities diagram; • Streetscape Vision: inspirational images; streetscape elements and art; • Next Steps. Responding to questions from the City Council, Ms. Connors and Mr. Ryan stated that the traffic study will be conducted several months after the SW Arterial has opened. There being no further business, motion by Cavanagh to adjourn at 6:26 p.m. Se- conded by Shaw. Motion carried 7-0. /s/Kevin S. Firnstahl, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on March 2, 2020 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Shaw, Sprank; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Shaw. Motion carried 7 -0. 1. Minutes and Reports Submitted: City Council proceedings of 2/17, 2/22, 2/24, 2/26; Community Development Advisory Commission of 1/15; Library Board of Trustees of 12/19/19 and Council Update No. 195 of 2/20/20; Resilient Community Advisory Com- mission of 1/20; Proof of publication for City Council proceedings of 1/26, 1/27, 1/28, 2/4; Proof of publication for List of Claims and Summary of Revenues for Month Ending 1/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Tamika Carr for personal injury, Jessica Lang for per- sonal injury, Ashley Moore for vehicle damage, Brad Reicherts for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Tamika Carr for personal injury, Jessica Lange for personal injury, Ashley Moore for vehicle damage, Brad Reicherts for vehicle damage, and Emily Treanor 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. 64-20 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. 3 RESOLUTION NO. 64-20 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 h as heretofore, by Resolution 142- 18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as 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 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Map of Iowa Historic Population Trends 1850 -2018: City Manager providing a copy of Historic Population Trends in Iowa for Decennial Census Years 1850 -2018 from the Legislative Services Agency and the U.S. Census Bureau. Upon motion the document was received and filed. 6. Iowa Population Trends in Age: City Manager providing a copy of Iowa Population Trends in Age from the Legislative Services Agency and the U.S. Census Bureau. Upon motion the document was received and filed. 7. Usage Agreement with Clarke University for Veteran's Memorial Park Softball Field #2: City Manager recommending approval of a three-year extension of the current Usage Agreement with Clarke University for Field 2 in Veterans’ Memorial Park. Upon motion the documents were received, filed, and approved. 4 8. Approval of Usage Agreement with Loras College for McAleece Recreation Area Petrakis Field: City Manager recommending approval of a three-year extension to the current Usage Agreement with Loras College for Petrakis Field in McAleece Recreation Area. Upon motion the documents were received, filed, and approved. 9. Pre-Annexation Agreement with Arthur J. Fischer: City Manager recommending ap- proval of a Pre-Annexation Agreement with Arthur J. Fischer for property located at 14805 Siegert Lane in Dubuque County, in conjunction with his request to connect to City water. Upon motion the documents were received and filed, and Resolution No. 65-20 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Arthur J. Fischer was adopted. RESOLUTION NO. 65-20 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA, AND ARTHUR J. FISCHER Whereas, Arthur J. Fischer, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 2 of Lot 2 of Lot 1 of Lot 1 of Lot 3 of the Subdivision of the East ½ of the Southwest Fractional ¼ and the Northwest Fractional ¼ of the Southwest Fractional ¼ of Section 7, Township 88 North, Range 2 East of the 5th P.M., in Table Mound Township, Dubuque County, Iowa according to the recorded Plat thereof, and in- cluding Easements “A”, “B” and “C”, as shown in said Plat, for purposes of ingress and egress; and Whereas, Arthur J. Fischer has entered into a Pre-annexation Agreement with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa, and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Arthur J. Fischer and the City of Dubuque is hereby approved. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5 10. City of Dubuque Comments on Proposed NEPA Changes: City Manager transmit- ting a draft letter from Mayor Roy D. Buol offering the City’s comments to the Council on Environmental Quality regarding the Council on Environmental Quality’s Proposal to Change Implementing Regulations for the National Environmental Policy Act (NEPA). Upon motion the documents were received and filed. 11. Acceptance of Improvements in Cedar Lake Subdivision : City Manager recom- mending acceptance of the public improvements that the developer, Pristine Properties, LLC, has recently completed in Cedar Lake – East Fifteenth Addition. Upon motion the documents were received and filed, and Resolution No. 66-20 Accepting public improve- ments in Cedar Lake - East Fifteenth Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 66-20 ACCEPTING PUBLIC IMPROVEMENTS IN CEDAR LAKE – EAST FIFTEENTH ADDI- TION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 333-19, certain public improvements including sani- tary sewer main and water main were installed by the developer of Cedar Lake – East Fifteenth Addition in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Cedar Lake – East Fifteenth Addition be and the same is hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, Pristine Properties, LLC, for a period of two (2) years from the date of this resolution. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Acceptance of Storm Water Impoundment Easement from Gary Valentine in Tim- ber-Hyrst Subdivision No. 4: City Manager recommending acceptance of a Grant of Ease- ment for Storm Water Impoundment from Gary Valentine as part of the Timber -Hyrst Es- tates No. 4 Project. Upon motion the documents were received and filed, and Resolution No. 67-20 Accepting a Grant of Easement for Storm Water Impoundment Easement through, over and across a part of Lot 1 of Valentine Place No. 3, in the city of Dubuque, Dubuque County, Iowa was adopted. 6 RESOLUTION NO. 67-20 ACCEPTING A GRANT OF EASEMENT FOR STORM WATER IMPOUNDMENT EASE- MENT THROUGH, OVER AND ACROSS A PART OF LOT 1 OF VALENTINE PLACE NO. 3, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, Gary Valentine has executed an Easement for Storm Water Impoundment, and Other Appurtenances through, under and across Lot 1 of Valentine Place No. 3, in the City of Dubuque, Dubuque County, 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 Storm Water Impoundment Easement through, over and across Lot 1 of Valentine Place No. 3, in the City of Dubuque, Dubuque County, Iowa from Gary Valentine, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Acceptance of Sanitary Sewer Improvements across Part of Lot 64 in Timber-Hyrst #5 Subdivision: City Manager recommending acceptance of the public improvements that the developers, Lori E. Silvia and Brian A. Silvia, have recently completed across Part of Lot 64 in Timber-Hyrst Estates #5 Subdivision. Upon motion the documents were re- ceived and filed, and Resolution No. 68-20 Accepting Public Sanitary Sewer Improve- ments across Lot 64 in Timber-Hyrst Estates #5, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 68-20 ACCEPTING PUBLIC SANITARY SEWER IMPROVEMENTS ACROSS LOT 64 IN TIM- BER-HYRST ESTATES # 5, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Sanitary Sewer Construction Agreement dated May 23, 2019, a copy of which is attached hereto, certain public improvements including sanitary sewer and appurtenances, were installed by Lori E. Silvia and Brian A. Silvia; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The recommendation of the City Manager be approved and that said public improvements across Part of Lot 64 in Timber-Hyrst Estates # 5, in the City of Dubuque, Iowa, be and the same is hereby accepted. 7 Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, Lori E. Silvia and Brian A. Silvia, for a period of two (2) years from the date of this resolution. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Iowa Worker Adjustment and Retraining Notification - Sisters of Charity of the Blessed Virgin Mary (BVM): Correspondence from the Sisters of Charity of the Blessed Virgin Mary (BVM) notifying the City of a permanent termination of 203 employees at its facility at 1100 Carmel Drive. Upon motion the documents were received, filed, and re- ferred to the City Manager. 15. SOO Green HVDC Link Project Co, LLC: Correspondence from SOO Green HVDC Link Project Co., LLC (SOO Green) notifying the City of a public information meeting at 5:30 p.m. on March 16, 2020 at the Hotel Julien, on a proposed 525 kilovolt underground high voltage direct current (HVDC) electric transmission line in Dubuque Count y, Iowa. Upon motion the documents were received, filed, and referred to the City Manager. 16. Request for Proposal - Smart Traffic Routing with Efficient and Effective Traffic System (STREETS) Project: City Manager recommending approval to initiate the Re- quest for Proposals (RFP) process for professional consultant services to design and implement the Smart Traffic Routing with Efficient and Effective Traffic System (STREETS). Upon motion the documents were received, filed, and approved. 17. Iowa Finance Authority (IFA) Housing Trust Fund Agreement: City Manager rec- ommending approval of the Iowa Finance Authority State Housing Trust Fund Grant Agreement for 2020 for continued support of homeownership and rehabilitation activities in the Washington Neighborhood. Upon motion the documents were received and filed, and Resolution No. 69-20 Approving the State Housing Trust Fund Grant Agreement be- tween the Iowa Finance Authority (IFA) and Dubuque's Housing Trust Fund and author- izing the Director of Housing and Community Development and the City Manager to ap- prove the agreement was adopted. RESOLUTION NO. 69-20 APPROVING THE STATE HOUSING TRUST FUND GRANT AGREEMENT BETWEEN THE IOWA FINANCE AUTHORITY (IFA) AND DUBUQUE’S HOUSING TRUST FUND AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOP- MENT AND THE CITY MANAGER TO APPROVE THE AGREEMENT Whereas, the Iowa Finance Authority has recognized Dubuque’s Housing Trust Fund Committee as a certified Local Housing Trust Fund; and Whereas, IFA has made funding available in a statewide competition to local trust funds for State Housing Trust Fund grants, in amounts based on population size; and Whereas, on January 27, 2020, IFA approved the City’s application for funding to con- tinue efforts in expanding homeownership options and rehabilitation activities in the Washington Neighborhood; and 8 Whereas, the City of Dubuque has administered Housing Trust Fund Grants since 2005; and Whereas, the City of Dubuque proposes to continue administering the Housing Trust Fund grant to assist in homeownership opportunities and rehabilitation of existing owner - occupied properties; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA THAT: Section 1: The City Council is hereby authorized to approve the Housing Trust Fund Grant Agreement for 2020; and Section 2: The Director of Housing and Community Development and the City Manager are hereby authorized to approve the Agreement. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 18. CS Technologies - Amendment to Master Co-location and Shared Services Agree- ment: City Manager recommending approval of an amendment to the Master Co -Location and Shared Services Agreement between the City of Dubuque and CS Technologies. Upon motion the documents were received, filed , and approved. 19. ImOn Communications LLC - Third Amendment to Master Co-location and Shared Services Agreement: City Manager recommending approval of a Third Amendment to Master Co-Location and Shared Services Agreement between the City of Dubuque and ImOn Communications LLC. Upon motion the documents were received, filed, and ap- proved. 20. Habitat for Humanity Memorandum of Understanding: City Manager recommend- ing approval of a Memorandum of Understanding with Habitat for Humanity ensuring the property at 389 E. 21st Street remain an affordable residential unit upon completion of the project. Upon motion the documents were received and filed, and Resolution No. 70-20 Approving a Memorandum of Understanding between the City of Dubuque and Habitat for Humanity of Dubuque and Jackson County for the requirements associated with the property located at 389 E. 21st Street was adopted. RESOLUTION NO. 70-20 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE AND HABITAT FOR HUMANITY OF DUBUQUE AND JACKSON COUNTY FOR THE REQUIREMENTS ASSOCIATED WITH PROPERTY LOCATED AT 389 E 21ST STREET Whereas, City entered into an agreement with True North Corporation to use Housing Tax Increment Financing funds to rehabilitate homes; and Whereas, True North Corporation purchase property located at 389 E 21st Street for rehabilitation; and Whereas, True North identified the structure was not viable and Habitat for Humanity of Dubuque and Jackson County had capacity to deconstruct the current structure to erect another affordable residential structure in its place; and 9 Whereas, the funding used to purchase the property requires the property be used to provide affordable housing options to those making 80% or less of the area median in- come; and Whereas, Habitat for Humanity of Dubuque and Jackson County will enter into a mem- orandum of understanding that the property will be used as required by the funding source. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS THAT: Section 1. The Memorandum of Understanding is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute such Memorandum of Understanding on behalf of the City of Dubuque, Iowa. Section 3. The City Council grants the authority to the City Manager or the City Man- ager’s designee to manage the agreement and act in accordance with the terms of the agreement. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Signed Contract(s): Software License and Services Agreement with Ecolane USA, Inc. for installation of equipment in the Jule's demand response bus fleet. Upon motion the document was received and filed. 22. Business License Refunds: Request from Beecher Liquor for a refund of the Liquor License No. LE0003208 located at 1691 Asbury Rd. due to business being sold and re- quest from Iowa Street Mart for a refund of Tobacco Permit No. DBQ -06-20 located at 1256 Iowa Street due to business being sold. Upon motion the documents were received, filed, and approved. 23. 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. 71-20 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 71-20 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. 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Renewal Dubuque Mining Co. 555 J.F. Kennedy Rd. Class C Liquor (Sunday) Gold Standard Athletics 555 J.F. Kennedy Rd. Class B Beer Hartig Drug Comp. #8 1600 University Ave. Class E Liquor, Class C Beer, Class B Wine (Sunday) Hops & Rye 1108 Locust St. Class C Liquor (Outdoor) (Sun- day) The Clubhouse 2364 Washington St. Class C Liquor (Sunday) New Four Mounds & Confer- ence Center 4900 Peru Rd. Class C Native Wine (Outdoor) (Sunday) Yardarm 1201 Shiras Ave Ext. Class C Liquor (Outdoor) (Sun- day) Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. Improvement Contracts / Performance, Payment and Maintenance Bonds : Conlon Construction for the Chaplain Schmitt Island Veterans Memorial Site Improvements; MDE, LLC d/b/a McDermott Excavating, for the North Cascade Road Water Main Exten- sion - Creek Crossing Project. Upon motion the documents were received, filed , and ap- proved. ITEMS SET FOR PUBLIC HEARING Motion by Shaw to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion carried 7-0. 1. Jackson Street Reconstruction Project from 11th Street to 12th Street: City Manager recommending initiation of the public bidding procedure for the Jackson Street (11th Street to 12th Street) Reconstruction Project, and further recommends that a public hearing be set for April 6, 2020. Upon motion the documents were received and filed and Resolution No. 72-20 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and esti- mated cost; and ordering the advertisement for bids; Resolution No. 73-20 Approving the preliminary plats, schedule of assessments and estimate of total cost for the Jackson Street (11th Street to 12th Street) Reconstruction Project; Resolution No. 74-20 Resolution of Necessity for the Jackson Street (11th Street to 12th Street) Reconstruction Project; and Resolution No. 75-20 Fixing date of public hearing on Resolution of Necessity were 11 adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 6, 2020 in the Historic Federal Building. RESOLUTION NO. 72-20 JACKSON STREET (11TH TO 12TH) RECONSTRUCTION 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 Jackson Street (11th to 12th) Reconstruction Project in the estimated amount $376,051.00, 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 6 th day of April, 2020, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. Section 3, The Jackson Street (11th to 12th) Reconstruction Project is hereby ordered to be advertised for bids for construction. 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 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 posted in the Master Builders of Iowa Plan Room, the Construction Update Network, and on the City of Dubuque website at www.cityofdubuque.org/bids, 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 9th day of April 2020. 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 6:30 p.m. on the 20th day of April, 2020, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12 RESOLUTION NO. 73-20 APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ES- TIMATE OF TOTAL COST FOR THE JACKSON STREET (11TH TO 12TH) RECON- STRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached preliminary plats, schedule of assessments, and estimate of total cost for the Jackson Street (11th to 12th) Reconstruction Project are hereby approved. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 74-20 RESOLUTION OF NECESSITY FOR THE JACKSON STREET (11TH TO 12TH) RECON- STRUCTION PROJECT Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for the Jackson Street (11th to 12th) Reconstruction Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Jackson Street (11th to 12th) Reconstruction Project will provide: • Reconstruction of Jackson Street between 11th and 12th Streets • Removal of the existing pavement, curb and gutter and sidewalk • Excavation of the subgrade to allow the placement of granular sub-base • Installation of storm sewer • Installation of sub-drains • Installation of 9-inch PCC pavement • Installation of curb and gutter • Installation of new historic looking concrete sidewalks, driveways , and service walks • Installation of new Historic Millwork District streetlights • Installation of conduit to accommodate parking, fiber optic and streetlight needs There is on file in the office of the City Clerk an estimated total cost of the work, and a preliminary plat and schedule showing the amount proposed to be assessed to each lot for the improvement. The date, time, and place the council will hear property owners subject to the assess- ment and interested parties for or against the improvement, its cost , the assessment, or the boundaries of the district: That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Unless a property owner files objections with the City Clerk at the time of hearin g on the resolution of necessity, the property owner is deemed to have waived all objections pertaining to the regularity of the proceeding and the legality of using the special assess- ment procedure. 13 Said improvements shall be constructed in accordance with the plans and specifica- tions which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved, and ordered placed on file with the City Clerk this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 75-20 FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap- proval to the plat, preliminary schedule of assessments, and estimated total cost for the Jackson Street (11th to 12th) Reconstruction Project and ordered the plat, schedule of assessments, and estimate of total cost placed on file in the Office of the City Clerk; and Whereas, the proposed Resolution of Necessity for Project has been introduced and is now on file in the Office of the City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Council will meet on the 6th day of April 2020, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. At which time the owners of property subject to assessment for the proposed improve- ment or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the district, the cost, the assessment against any lot, or the final adoption of a resolution of necessity. A property owner will be deemed to have waived all objections unless at the time of hearing the property owner has filed objections with the City Clerk. The City Clerk be and is hereby authorized and directed to cause a notice o f 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 once each week for two con- secutive weeks, the first publication of which shall be not less than ten days prior to the day fixed for its consideration. Passed, adopted, and approved this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Cedar Street Force Main Air Vacuum Release Valve Replacement Project : City Man- ager recommending initiation of the public bidding process for the Cedar Street Force Main Air Vacuum Release Valve Replacement Project and further recommends that the City Council set a public hearing for March 16, 2020. Upon motion the documents were received and filed and Resolution No. 76-20 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; and ordering the advertisement f or bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on March 16, 2020 in the Historic Federal Building. 14 RESOLUTION NO. 76-20 CEDAR STREET FORCE MAIN AIR VACUUM RELEASE VALVE REPLACEMENT PROJECT 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 Cedar Street Force Main Air Vacuum Release Valve Replacement Project in the es- timated amount $135,000.00, 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 16th day of March 2020, at 6:30 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 contract, or estimated cost of the Project. Section 3. The Cedar Street Force Main Air Vacuum Release Valve Replacement Pro- ject is hereby ordered to be advertised for bids for construction. The amount of the secu- rity 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 hereby directed t o advertise for bids for the construction of the improvements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circu- lation, 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 19 th day of March 2020. 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 6:30 p.m. on the 6th day of April 2020, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted, and approved this the 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Setting Public Hearing for the Fiscal Year 2021 City of Dubuque Recommended Budget: City manager recommending that the City Council set a public hearing for March 26, 2020 on the Fiscal Year 2021 City budget, operating and Capital Improvemen t Pro- gram for the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 77-20 Setting the date for the public hearing on the Fiscal Year 2021 Budget as Amended for the City of Dubuque; and Resolution No. 78-20 Setting the date for the public hearing on the Five-Year Capital Improvement Program for Fiscal Years 2021 through 2025 for the City of Dubuque were adopted setting a public hearing for a meeting to commence at 6:00 p.m. on March 26, 2020 in the Historic Federal Building. 15 RESOLUTION NO. 77-20 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2021 BUDGET AS AMENDED FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2021 budget before the final budget certifi- cation date and shall publish notice before the hearing as provided in Iowa Code Section 362.3. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year 2021 budget as amended for the City of Dubuque in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Thursday, March 26, 2020, beginning at 6:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget infor- mation. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 78-20 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FIVE-YEAR CAPITAL IM- PROVEMENT PROGRAM FOR FISCAL YEARS 2021 THROUGH 2025 FOR THE CITY OF DUBUQUE Whereas, a proposed Five-Year Capital Improvement Program for the City of Dubuque for Fiscal Years 2021 through 2025 has been prepared and submitted to the City Council; and Whereas, the capital projects for the first year of the program are included in the Fiscal Year 2021 budget for the City of Dubuque; and Whereas, it is deemed to be in the best interest of the City of Dubuque to conduct a public hearing and adopt the five-year Capital Improvement Program simultaneously with the public hearing and adoption of the Fiscal Year 2021 budget for the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the five-year Capital Improvement Program for Fiscal Years 2021 through 2025 in the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Thursday, March 26, 2020, beginning at 6:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16 BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Mechanical and Plumbing Code Board: Two, 3-Year terms through March 16, 2023 (Expiring terms of Giese and Muhlack). Applicants: Tom Giese, 395 Villa St.; Dieter Muhlack, 2464 Matthew John Dr. Mr. Muhlack spoke in support of his appointment and provided a brief biography. 2. Zoning Board of Adjustment: One, 5-Year term through March 25, 2025 (Expiring term of Ahlvin). Applicant: Keith Ahlvin, 264 S. Grandview Ave. Mr. Ahlvin spoke in sup- port of his appointment and provided a brief biography. PUBLIC HEARINGS 1. Millwork District Parking Lot 1 Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Millwork District Parking Lot 1 Project, and the City Manager recommending approval. Motion by Shaw to receive and file the documents and adopt Resolution No. 79-20 Ap- proval of plans, specifications, form of contract, and estimated cost for the Millwork District Parking Lot #1. Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 79-20 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE MILLWORK DISTRICT PARKING LOT #1 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 Millwork District Parking Lot #1 Project, in the estimated amount $574,740.00, are her eby ap- proved. Passed, adopted, and approved this this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Eagle Point Park Environmental Restoration Project Phase 2 - Bioretention Basin Construction, Tree Removal and Native Vegetation Establishment: Proof of publication on notice of public hearing to consider approval of the approval of plans, specifications, form of contract, and estimated cost for the Eagle Point Park Environmental Restoration Project Phase 2 - Bioretention Basin Construction, Tree Removal and Native Vegetation Establishment, and the City Manager recommending approval. Motion by Jones to re- ceive and file the documents and adopt Resolution No. 8 0-20 Approval of plans, specifi- cations, form of contract, and estimated cost for the Eagle Point Park Environmental 17 Restoration Project: Phase 2 Bioretention Basin construction, tree removal, and native vegetation establishment. Seconded by Cavanagh. Motion carried 7-0. RESOLUTION NO. 80-20 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE EAGLE POINT PARK ENVIRONMENTAL RESTORATION PROJECT: PHASE 2) BIORETENTION BASIN CONSTRUCTION, TREE REMOVAL, AND NATIVE VEGETATION ESTABLISHMENT 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 Eagle Point Park Environmental Restoration Project: Phase 2) Bioretention Basin Construction, Tree Removal, and Native Vegetation Establishment, in the estimated cost of $290,665.65, are hereby approved. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Pat Konzen, 3145 Windsor Avenue, speaking relative to Action It em No. 2, provided background information on his claim against the city and requested that the City Council reverse its denial of the claim. Related to Action Item No. 4, Lisa Johnson, 206 Southgate; Nan Welch, 955 Kelly Lane; Kristen Vaassen, 2319 Manson Road; and Mary Ann Kirkendall, 1215 Valentine Drive, spoke in support of the proposed ordinance amendment allowing leashed pets in parks. Carol Loetscher, 430 Woodland Ridge; Art Gilloon, 535 Heritage Drive; Linda Rush, 955 Kelly Lane; and Keith [Nellis], 705 Garfield Avenue, spoke in opposition to the proposed ordinance amendment allowing leashed pets in parks . Paul Uzel, 61 N. Algona Street, and of the Dubuque Interfaith Green Coalition, ad- dressed the Council about his concerns with implementing the automated waste collec- tion system and suggested more discussion and public input on the subject. ACTION ITEMS 1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson presented a verbal report on GDDC’s recent act ivities. Topics included: GDDC Newsletter subscription; Coronavirus information sharing with the business com- munity and its relation to Dubuque’s high health care ranking; business retention and expansion program via Contact Manager software and Best if Bu siness Award; and the Dubuque Collegiate and Technology Fair. Motion by Resnick to receive and file the infor- mation. Seconded by Cavanagh. Motion carried 7-0. 2. Request to Reconsider a Denial of Claim by Patrick Konzen: Correspondence from Council Member David Resnick requesting reconsideration of the denial of a claim against the City filed by Patrick Konzen. Motion by Resnick to reconsider the denial of a claim 18 against the City by Patrick Konzen. Seconded by Shaw. Motion failed 4-3 with Jones, Cavanagh, Buol, and Roussell voting nay. Housing and Community Development Direc- tor Alexis Steger responded to questions from the City Council and provided a verbal report on the history of the project and staff efforts to resolve the problems raised by Mr. Konzen. The City Council concurred that the claim process should be trusted and fol- lowed, and that staff should continue to pursue a resolution and requested that Mr. Kon- zen allow staff access to the property. 3. Awarding the North Cascade Road Reconstruction Project: City Manager recom- mending award of the North Cascade Road Reconstruction Project contract to the low bidder Top Grade Excavating, Inc. Motion by Jones to receive and file the documents and adopt Resolution No. 81-20 Awarding public improvement construction contract for the North Cascade Road Reconstruction Project, Phase 1 from the Bridge over Catfish Creek to Edval Lane, Iowa DOT Project No. STBG-SWAP-2100 (669)--SG-31. Seconded by Cavanagh. Motion carried 7-0. RESOLUTION NO. 81-20 AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE NORTH CASCADE ROAD RECONSTRUCTION PROJECT, PHASE 1 FROM THE BRIDGE OVER CATFISH CREEK TO EDVAL LANE, IOWA DOT PROJECT NO. STBG-SWAP-2100 (669)--SG-31 Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 18th day of February 2020 and it has been determined that Top Grade Excavating, Inc, of Farley, IA, with a bid in the amount of $1,324,638.24 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: A Public Improvement Construction Contract for the North Cascade Road Reconstruc- tion Project, Phase 1 from the bridge over Catfish Creek to Edval Lane, Iowa DOT Project No. STBG-SWAP-2100 (669)--SG-31, is hereby awarded to Top Grade Excavating, Inc, subject to Iowa Department of Transportation concurrence and approval of award, and the City Manager is hereby directed to execute a Public Improvement Construction Con- tract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Code of Ordinance Amendment - Title 10 Allowing Leashed Dogs and Cats in Des- ignated Parks: Park and Recreation Advisory Commission recommending amendments to the City of Dubuque Code of Ordinances allowing leashed dogs and cats in designated parks. Motion by Cavanagh to amend the second of the two proposed ordinances to include Eagle Point Park and Murphy Park on the list of prohibited areas. Seconded by Roussell. Motion carried 5-2 with Jones and Shaw voting nay. Restated motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council 19 meetings prior to the meeting at which it is to be passed be suspended. Seconded by Shaw. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 9-20 (as amended) Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10 -5B-1 Definitions; and Ordinance No. 10-20 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Reg- ulations by repealing Section 10-5B-4 Dogs, Cats and other Domestic Animals and adopt- ing a new Section 10-5B-4 Dogs and Cats in lieu thereof. Seconded by Shaw. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 9-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGU- LATIONS, SECTION 10-5B-1 DEFINITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-5B-1 of the City of Dubuque Code of Ordinances is hereby amended as follows: 10-5B-1: DEFINITIONS: As used in this article, the following terms shall have the following meanings: AT LARGE: Any dog, cat or livestock, fowl or ferret found off the premises of the owner or keeper. CAT: Both male and female animals in the family Felis cats whether neutered or not. CITY MANAGER: City Manager or City Manager's designee. COMMISSION OR THE COMMISSION: The Park and Recreation Advisory Commis- sion. DOG: Both male and female animals of the canine species whether neutered or not, but not including a law enforcement dog. KEEPER: A person other than the owner keeping, sheltering, having control or cus- tody of or harboring an animal. LEISURE SERVICES MANAGER: Leisure Services Manager or Leisure Services Manager's designee. MULTIPURPOSE USE TRAIL OR TRAILS: A hardened trail of asphalt, concrete or other impervious surface, typically ten feet (10') to twelve feet (12') wide and physi- cally separated from the motorized vehicular traffic by an open space or barrier and either within highway public right-of-way or private property within an independent alignment for use by pedestrians, skaters, joggers, bicyclists, and City maintenance vehicles. OPEN SPACES: Available to the public for passive recreational use in and adjacent to the City, which are under the responsibility of the commission. OWNER: A person owning a cat, dog, or other animal. PARKS OR PARKWAYS: Parks, parkways, buildings, park roads or driveways, and all public service facilities or grounds, buildings, and structures in and adjacent to the City, which are under the responsibility of the commission. 20 Section 2. This Ordinance takes effect July 1, 2020. Passed, approved, and adopted the 2nd day of March 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of March 2020. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 10-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGU- LATIONS BY REPEALING SECTION 10-5B-4 DOGS, CATS AND OTHER DOMESTIC ANIMALS AND ADOPTING A NEW SECTION 10-5B-4 DOGS AND CATS IN LIEU THEREOF NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 10-5B-4 of the City of Dubuque Code of Ordinances is hereby re- pealed and the following adopted in lieu thereof: 10-5B-4: DOGS AND CATS: A. Dogs and Cats Permitted: Leashed dogs and cats are permitted in parks, park- ways, trails, or open spaces. Any unleashed or unattended animal in a park, park- way, trail, or open space may be impounded and its owner may redeem the same upon paying the reasonable costs of such impoundment. B. Dogs and Cats Prohibited: Notwithstanding Section A, dogs and cats are prohib- ited in the following parks, parkways, trails, and open spaces or areas of parks, parkways, trails, and open spaces: 1. Bunker Hill golf course 2. Marshall Park and Dubuque Arboretum and Botanical Gardens 3. Eagle Point Park 4. Murphy Park 5. Nicholas J. Sutton Swimming Pool 6. Flora Park Swimming Pool 7. The Veterans Memorial Plaza within the Gerald “Red” McAleece Park and Rec- reation Complex 8. Fenced-in sporting areas, including, but not limited to, courts, fields, rinks, arenas, and skate parks 9. Buildings or facilities within parks which are listed on the National Register of Historic Places 10. On playground and recreational areas designed for use by children 11. Where a prohibitory sign is posted C. Exceptions: The prohibitions in Section B do not apply to: 1. Service animals used by persons with disabilities. 2. Animals present as part of an approved and permitted special event under Chap- ter 4 of this Title. 3. Animals which are part of the Storybook Hill Petting Zoo at Franklin Delano Roo- sevelt Park. 21 4. Animals confined to an automobile, camper, motor home (a.k.a. recreational ve- hicle), or other similar conveyance during the entirety of their t ime within Marshall Park and Dubuque Arboretum and Botanical Gardens, Eagle Point Park, and Murphy Park so long as the owner is compliant with the state code related to the safety and health of the animal. D. Animal Control Ordinance Compliance: Leashed dogs and cats are subject to and must comply with the provisions of title 7, chapter 6 of this Code. E. Waste Disposal: The owner or keeper must pick up and dispose of or take away the dog or cat's waste. F. Liability: The owner or keeper is responsible for the actions of its dogs and cats. G. Unleashed Dogs Allowed: Unleashed dogs shall be permitted in the following ar- eas: 1. Pet Park. 2. John G. Bergfeld Recreation Area ponds, but only when an owner or keeper is working or exercising a dog by tossing a retrieval dummy or other object into a pond for out-and-back exercise. At all other times, the dog must be leashed. Section 2. This Ordinance takes effect July 1, 2020. Passed, approved, and adopted the 2nd day of March 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 6th day of March 2020. /s/Kevin S. Firnstahl, City Clerk 5. City Council Priority - Dream Center: City Manager recommending that the Mayor and City Council dedicate $176,000 in Fiscal Year 2020 and $100,000 in Fiscal Year 2021 of this already budgeted funding to the Dream Center project. Motion by Resnick to re- ceive and file the documents and approve the recommendation. Seconded by Cavanagh. Motion carried 7-0. 6. City Council Priority - Fountain of Youth / United Way: City Manager that the Mayor and City Council dedicate $13,031.50 in Fiscal Year 2020 of this al ready budgeted fund- ing to the United Way for grant matching purposes to benefit the Fountain of Youth. Mo- tion by Resnick to receive and file the documents and approve the recommendation. Se- conded by Jones. Motion carried 7-0. 7. Code of Ordinances Amendment - Title 1 Civil Service Employees State of Resi- dency: City Manager recommending approval of an Ordinance that permits the City’s civil service employees to reside in states other than the State of Iowa. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Sprank. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 11-20 Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 7 City Officers and Employees. Seconded by Shaw. Motion carried 7-0. 22 OFFICIAL PUBLICATION ORDINANCE NO. 11-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRA- TION, CHAPTER 7 CITY OFFICERS AND EMPLOYEES Whereas, Iowa Code Chapter 400 identifies certain employees of a city to be covered by the state's Civil Service law; and Whereas, the provisions of Iowa Code Chapter 400 set out procedures that need to be followed regarding the hiring, promoting, disciplining and termination of these covered employees; and Whereas, one of the requirements that currently exists is that these covered emplo y- ees must either be or become a citizen of the state of Iowa within a certain period of time; and Whereas, during the legislative session of 2016 House File 2267 was passed into law effective July 1, 2016 which allows cities to pass an ordinance to elimina te the state of Iowa residency requirement for covered civil service employees and authorizes a city to establish time and distance requirements of its covered civil service employees; and Whereas, the City of Dubuque desires passage of an ordinance elimin ating the State of Iowa residency requirement for employees covered by Iowa Code Chapter 400. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 1, Chapter 7 of the City of Dubuque Code of Ordinances is amended by adding the following new section: 1-7-8: ELIMINATION OF STATE OF IOWA RESIDENCY REQUIREMENT: A. The purpose of this section is to eliminate the state of Iowa residency requirement for City of Dubuque employees classified as holding a Civil Service position under state law. B. Iowa Code Chapter 400 identifies certain employees of a city to be covered by the state's Civil Service law. The provisions of Iowa Code Chapter 400 set out proce- dures that need to be followed regarding the hiring, promoting, disc iplining, and termi- nation of these covered civil service employees. One of the requirements that currently exists is that these covered civil service employees must either be or become a citizen of the state of Iowa within a certain period of time. C. During the legislative session of 2016 House File 2267 was passed into law ef- fective July 1, 2016. A provision of this bill allows cities to pass an ordinance to elimi- nate the state of Iowa residency requirement for covered civil service employees. The bill further provides that a city may establish time and distance requirements of its cov- ered civil service employees. D. The City Manager shall assess the needs and demands of the organization and establish a time and distance policy for civil service employees. Section 2. This ordinance takes effect upon publication. Passed, approved, and adopted this 2nd day of March 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 23 8. Five Flags Civic Center Referendum: Information from City Clerk and City Attorney: City Clerk providing information on the use of voting centers for the September 8, 2020 Five Flags Civic Center referendum. City Attorney providing information on referendum parameters for City Council Members. Motion by Roussell to receive and file the infor- mation. Seconded by Jones. Motion carried 7-0. 9. Request to Reschedule Inclusive Dubuque Work Session : City Manager recom- mending City Council approval to reschedule the April 13, 2020 Inclusive Dubuque Work Session to Monday, April 6, 2020 at 5:30 p.m. Motion by Jones to receive and file the documents and schedule the work session as recommended. Seconded by Roussell. No schedule conflicts were noted. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the Dubuque Area Metropolitan Solid Waste Agency (DAMSWA) negotiating a services and marketing agreement for methane gas product. It will go to public hearing at the Agency’s March 18, 2020 board meeting. Council Member Cavanagh reported on his participation in St. Mark Youth Enrichment and Lincoln Elementary after-school reading program and recognized their efforts. Council Member Roussell offered her thanks for being able to attend the Municipal Leadership Academy II and recognized the Dubuque Dream Center for their impressive graduation ceremony. Mayor Buol requested and received consensus for calling a work session of the City Council for Monday, March 9, 2020 at 6:00 p.m. in the Council Chambers to hear about Dubuque’s preparedness related to the Coronavirus outbreak. There being no further business, Mayor Buol declared the meeting adjourned at 9:08 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk