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7 20 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 5:00 p.m. on July 20, 2020. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the city’s website at www.cityofdubuque.org/media, and streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell Vacancy: Ward One 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 Enterprise Resource Planning Project Update, the Imagine Dubuque Comprehensive Plan Implementatio n Update, and the Bee Branch Watershed Flood Mitigation project – Blum Site Progress. WORK SESSIONS (3) 1. Enterprise Resource Planning (ERP) Project Update: Director of Finance and Budget Jennifer Larson and representatives from the Government Finance Officers As- sociation (GFOA) Research and Consulting Katie Ludwig and Mark Mack updated the City Council on the ERP project. Highlights included: Plan of Action Report; history, prod- ucts, services, and technology consulting of GFOA; Definition and modules of ERP; iden- tifying system deficiencies and efficiencies; vision for modern ERP systems; project time- line summary, scope, and cost expectations/variations. The presenters responded to questions from the City Council following the presentation. This work session concluded at 5:35 p.m. 2. Imagine Dubuque Comprehensive Plan Implementation Update: Planning Services Manager Wally Wernimont presented an update on the Imagine Dubuque Comprehen- sive Plan Implementation. Highlights included: Connectors contact list; recommendations at-a-glance; planning with sustainability; the purpose and importance of a comprehensive plan; collective impact model; roles and responsibilities across connectors, coordinators, and champions; website updates; featured projects; actions underway; join the team of champions; and next steps 2020 and beyond. Mr. Wernimont responded to questions from the City Council following the presentation. This work session concluded at 5:57 p.m. Bee Branch Watershed Flood Mitigation project – Blum Site Progress: Project Manager Steve Sampson-Brown and Leisure Services Manager Marie Ware provided information 2 on the progress and options for future development of the former Blum Company junk yard site bordered by Elm, Sycamore, 16th and 15th Streets. Highlights included: a de- scription of the site location and proximity to amenities, business, schools, residential buildings, and City services; history of the property and City acquisition; identification of existing buildings on the property; review of the four site options; community engagement efforts to date; social and cultural vibrancy recommendations; project relationship to the City Council’s 2034 vision statement; review of areas of opportunity relative to poverty groups, key role of parks and recreation services and youth development; possible com- munity center development; project achievability; conceptual and activity designs; and a Park Division maintenance facility option. The presenters responded to questions from the City Council. There being no further business, upon motion Mayor Buol declared the meeting ad- journed at 6:22 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 3 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 20, 2020. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the city’s website at www.cityofdubuque.org/media, and streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell Vacancy: Ward One Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1. Presentation of the Women's Leadership Network Women of Achievement Award : Miranda Ernst, of the Dubuque Women’s Leadership Network Presented the Women of Achievement award to Multicultural Family Center Director Jacqueline Hunter in the Ser- vice and Support of Non-Profit Work category. 2. COVID-19 Update: Mary Rose Corrigan, Public Health Specialist for the City of Dubuque, provided an update on the COVID-19 pandemic and response activities. Topics included current county case data from the Dubuque County Public Health Incident Man- agement Team; current state case data; update on community testing and the TestIowa clinic in Dubuque; July hospitalizations; Iowa trend line; and th e IDPH “There’s no place like home” public information campaign for best health practices. Ms. Corrigan responded to questions from the City Council following her presentation. PROCLAMATION(S) 1. Parks and Recreation Month (July 2020) was accepted by Leisure Services Man- ager Mari Ware. CONSENT ITEMS 4 Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 6-0. Staff stated that no public input was received via GoToMeeting, Facebook Live and City Clerk’s Department email. 1. Minutes and Reports Submitted: City Council proceedings of 7/6, 7/8, 7/13; Housing Commission of 6/23, Five Flags Civic Center Commission of 6/22; Proof of publication for City Council proceedings of 6/8, 6/15, 6/22; Zoning Advisory Commission of 7/1; Zoning Board of Adjustment of 6/25; Proof of Publication for City Council proceedings of 6/8, 6/15, 6/20, 6/22; Proof of publication for List of Claim and Summary of Revenues for month ending 5/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Dennis Walker for property damage; ECH Properties, LLC / Erich Heimke for property damage. Upon motion the documents were received, filed, and refer 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: Dennis Walker for property damage. Upon motion the documents were received, filed, and concurred. 4. July 2020 Utility Bill Inserts: City Manager providing copies of two public information brochures included with the July 2020 utility bills. Upon motion the documents were re- ceived and filed. 5. 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. 206-20 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. RESOLUTION NO. 206-20 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 has heretofore, by Resolution 142 - 18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks 5 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 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Acceptance of Grant of Easement for Sidewalk and Public Utilities from Francis L. Chaffee: City Manager recommending acceptance of a Grant of Easement for Sidewalk and Public Utilities from Francis L. Chaffee over property at 2011 Clarke Drive for a curb ramp which is part of the Asphalt Overlay Program. Upon motion the documents were received and filed, and Resolution No. 207-20 Accepting a Grant of Easement for side- walk and public utilities over and across part of lot 2 of lot 1 of the east 51.4 feet of the south 100 feet of lot 47 in Finley’s Addition, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 207-20 ACCEPTING A GRANT OF EASEMENT FOR SIDEWALK AND PUBLIC UTILITIES OVER AND ACROSS PART OF LOT 2 OF LOT 1 OF THE EAST 51.4 FEET OF THE SOUTH 100 FEET OF LOT 47 IN FINLEY’S ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Francis L. Chaffee has executed a Grant of Easement for Sidewalk and Public Utilities through, over and across Part of Lot 2 of Lot 1 of the East 51.4 feet of the South 100 feet of Lot 47 in Finley’s Addition, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sidewalk and Public Utilities over and across Part of Lot 2 of Lot 1 of the East 51.4 feet of the South 100 feet of Lot 47 in Finley’s Addition, in the City of Dubuque, Iowa, from Francis L. Chaffee, a copy of which is at- tached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor 6 Attest: Kevin S. Firnstahl, City Clerk 7. Property Acquisition - 6400 Pennsylvania Avenue: City Manager recommending ap- proval to acquire residential property at 6400 Pennsylvania Ave nue owned by Mark and Kimmie Heins for the future widening of Pennsylvania Avenue – Middle Road. Upon mo- tion the documents were received and filed, and Resolution No. 208-20 Approving the acquisition of real estate owned by Mark and Kimmie Heins in the City of Dubuque was adopted. RESOLUTION NO. 208-20 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY MARK AND KIMMIE HEINS, IN THE CITY OF DUBUQUE Whereas, the Dubuque Industrial Center Economic Development District is an urban renewal area which allows the City of Dubuque to capture tax increment revenue from improvements made in the District in order to promote economic development activities; and Whereas, the City of Dubuque intends to expand the Dubuque Industrial Center Eco- nomic Development District; and Whereas, the proposed expansion and amendment of the Dubuque Industrial Center Economic Development District will result in acquisition of certain real estate, namely 6400 Pennsylvania Avenue; and Whereas, Mark and Kimmie Heins (the Owners) of this certain real estate have volun- tarily agreed to sell to the City of Dubuque the certain real estate legally described as follows (the Property): Lot 2 of Lot 2 of the NE ¼ of the NE ¼ of Section 30, T89N, R2E of the 5th P.M., according to the recorded plat thereof; and Whereas, acquiring the Property will allow expansion of the Dubuque Industrial Center Economic Development District; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Cha pter 6B of the Code of Iowa; and Whereas, the Owners have agreed to sell the Property for a total cost of $211,500; and Whereas, a purchase agreement and acknowledgment of voluntary negotiation have been finalized with the Owners of the real estate scheduled for acquisition; and Whereas, it is in the best interest of the City to acquire the Property, subject to review of the updated abstract and title opinion by the City Attorney’s Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto subject to review of the updated abstract and title opinion by the City Attorney’s Office. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa for the herein described real estate. 7 Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Awarding the 2020 Asphalt Overlay Ramp Project Three Sections A and B : City Manager recommending that the award for the 2020 Asphalt Overlay Access Ramp Pro- ject Three Section A and B be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 9. Acceptance of 2020 Asphalt Overlay Ramp Project One: City Manager recommend- ing acceptance of the construction contract for the 2020 Asphalt Overlay Access Ramp Project One, as completed by Midwest Concrete, Inc. Upon motion the documents were received and filed, and Resolution No. 209-20 Accepting the 2020 Asphalt Overlay Ac- cess Ramp Project one and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 209-20 ACCEPTING THE 2020 ASPHALT OVERLAY ACCESS RAMP PROJECT ONE AND AUTHORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2020 Asphalt Overlay Access Ramp Project One, (the Project) has been completed by the Contractor, Midwest Concrete, Inc. (Contractor), and the City Engineer has examined the work and signed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $102,455.01; and Whereas, the Contractor has previously been paid $97,332.26, leaving a balance of $5,122.75; 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: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is he reby directed to pay to the Contractor from the Curb Ramp Program CIP appropriations for the contract amount of $102,455.01 less any retained percentage provided for therein as provided in Iowa Code. Section 3. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $5,122.75 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8 CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2020 ASPHALT OVERLAY ACCESS RAMP PROJECT ONE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2020 Asphalt Overlay Access Ramp Project One, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $117,823.26. Dated this 14th day of July 2020. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of July 2020. /s/Kevin S. Firnstahl, City Clerk 10. Acceptance of Hillcrest-Rosemont Storm Improvement Project: City Manager rec- ommending acceptance of the public improvement contract for the Hillcrest/Rosemont Storm Sewer Reconstruction Project, as completed by Temperley Excavating, Inc. Upon motion the documents were received and filed, and Resolution No. 210-20 Accepting the Hillcrest / Rosemont Storm Sewer Reconstruction Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 210-20 ACCEPTING THE HILLCREST / ROSEMONT STORM SEWER RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Hillcrest / Rosemont Storm Sewer Reconstruction Project, (the Project) has been completed by the Contractor, Temperley Excavating, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $78,860.68; and Whereas, the Contractor has previously been paid $74,917.65, leaving a balance of $3,943.03; 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: 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 the balance of the retainage of $3,943.03 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF MADISON STREET RETAINING WALL EMERGENCY REPAIRS PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Hillcrest / Rosemont Storm Sewer Reconstruction Project has been 9 performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $85,958.14. Dated this 13th day of July 2020. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of July 2020. /s/Kevin S. Firnstahl, City Clerk 11. Acceptance of Marquette Place Sanitary Sewer and Water Main Improvement Pro- ject: City Manager recommending adoption of resolutions accepting the improvements, approving the Final Schedule of Assessments, establishing the final contract amount, and for the payment of the contract amount to Top Grade Excavating for the Marquette Place Sanitary Sewer and Water Main Improvements. Upon motion the documents were re- ceived and filed, and Resolution No. 211-20 Accepting the Marquette Place Sanitary Sewer and Water Main Reconstruction Project and authorizing the payment of the con- tract amount to the contractor; and Resolution No. 212-20 Adopting the Final Assessment Schedule for the Marquette Place Sanitary Sewer and Water Main Reconstruction Project were adopted. RESOLUTION NO. 211-20 ACCEPTING THE MARQUETTE PLACE SANITARY SEWER AND WATER MAIN RE- CONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CON- TRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for Marquette Place Sanitary Sewer and Water Main Reconstruction Project (the Project) has been completed and the City Engi- neer has examined the work and filed a certificate stating that the Project has been com- pleted according to the terms of the Public Improvement Contract and that the City Engi- neer recommends that the Project 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 Marquette Place Sanitary Sewer and Marquette Water Main fund for the contract amount of $340,853.72 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE MARQUETTE PLACE SANITARY SEWER AND WATER MAIN RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Marquette Place Sanitary Sewer and Water Main Reconstruction Pro- ject, that the Project has been performed in compliance with the terms of the Public Im- provement Contract, and that the total cost of the completed work is $438,759.78. 10 Dated this 16th day of July 2020. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 16th day of July 2020. /s/Kevin S. Firnstahl, City Clerk RESOLUTION NO. 212-20 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE MARQUETTE PLACE SANITARY SEWER AND WATER MAIN RECONSTRUCTION PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 1 inclusive is hereby approved for the Marquette Place Sanitary Sewer and Water Main Reconstruction Project. Section 2. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied condi- tionally against the respective properties benefited by the improvements as shown in the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special ben- efits conferred and not in excess of twenty-five percent of the value of same. Section 3. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. Section 4. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $500.00 or more are payable in 15 annual in stallments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. De- linquent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Final Schedule of Assessments For Marquette Place Sanitary Sewer and Water Main Reconstruction Project 11 Date: July 24, 2020 The following schedule is hereby determined to show each lot proposed to be as- sessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. Parcel Number; Property Owner Name; Lot Description; Street Address; Net Assessed Valuation; Valuation with Improvement; Total Public Improvement Cost; Total Net As- sessment 1013401022, Hefel, Christopher M; Lot 1 Hefel Place; 2530 Marquette Pl; $125,060.00; $126,172.05; $1,112.05. 1013401014; Gallagher, Christopher L & Jandell Rae; Lot 15 Audubon Add; 2534 Mar- quette Pl; $110,180.00; $111,876.25; $1,696.25. 1013401013; Hagerty, Gina Marie; Lot 14 Audubon Add; 2538 Marquette Pl; $110,940.00; $112,613.25; $1,673.25. 1013401012; Evarts, Donna M; Lot 13 Audubon Add; 2540 Marquette Pl; $133,560.00; $135,191.85; $1,631.85. 1013401011; Connolly, Matthew J; Lot 12 Audubon Add; 2542 Marquette Pl; $104,160.00; $105,644.65; $1,484.65. 1013401010; Lembke, Ethan J; Lot 11 Audubon Add; 2546 Marquette Pl; $115,640.00; $117,091.30; $1,451.30. 1013401009; Gage, Stacy L & Peterson Jr, William L; Lot 10 Audubon Add; 2550 Mar- quette Pl; $115,200.00; $116,891.65; $1,691.65. 1013401008; Powell, Roger C & Constance M; Lot 9 Audubon Add; 2600 Marquette Pl; $153,080.00; $155,569.75; $2,489.75. 1013401007; Drew, Debra J.; Lot 8 Audubon Add; 2604 Marquette Pl; $106,560.00; $106,560.00. 1013401006; Matthews, Rebekah J; Lot 7 Audubon Add; 2608 Marquette Pl; $155,080.00; $155,080.00. 1013401005; Link, James A & Linda; Lot 6 Audubon Add; 2612 Marquette Pl; $66,810.00; $67,706.43; $896.43. 1013401004; Towers, Lisa B; Lot 5 Audubon Add; 2616 Marquette Pl; $114,390.00; $116,815.35; $2,425.35. 1013401003; Pankow, Michael R & Jill C; Lot 4 & 2-2-3 Audubon Add; 2620 Marquette Pl; $158,380.00; $158,380.00. 1013401024; Kruse, Kathleen C; Lot 2 Zurcher Sub; 2626 Marquette Pl; $130,410.00; $130,410.00. 1013401023; Redman, Garry J & Julie A; Lot 1 Zurcher Sub; 2640 Marquette Pl; $187,670.00; $187,670.00. 12. Acceptance of Creekwood Drive Storm Outlet Repair Project: City Manager rec- ommending acceptance of the public improvement contract for the Creekwood Drive Storm Outlet Repair Project, as completed by Top Grade Excavating, Inc. Upon motion the documents were received and filed, and Resolution No. 213-20 Accepting the Creekwood Drive Storm Outlet Repair Project and authorizing the payment to the con- tractor was adopted. 12 RESOLUTION NO. 213-20 ACCEPTING THE CREEKWOOD DRIVE STORM OUTLET REPAIR PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Creekwood Drive Storm Outlet Re- pair Project, (the Project) has been completed by the Contractor, Top Grade Excavating, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $35,882.78; and Whereas, the Contractor has previously been paid $34,088.64, leaving a balance of $1,794.14; 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: 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 the balance of the retainage of $1,794.14 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF CREEKWOOD DRIVE STORM OUTLET REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Creekwood Drive Storm Outlet Repair Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $38,173.58. Dated this 14th day of July 2020. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of July 2020. /s/Kevin S. Firnstahl, City Clerk 13. Iowa Department of Transportation (IDOT) Traffic Safety Grant Funding Agreement Northwest Arterial and John F. Kennedy Road: City Manager recommending approval of a resolution authorizing the Mayor to execute a Funding Agreement with the Iowa De- partment of Transportation for a Traffic Safety Improvement Grant to assist with the con- struction of an extension of the existing eastbound left-turn lane on the Northwest Arterial at John F. Kennedy Road. Upon motion the documents were received and filed, and Res- olution No. 214-20 Approving a Funding Agreement (2021-TS-005) with the Iowa Depart- ment of Transportation for a Traffic Safety Improvement Grant to assist with the construc- tion to extend the existing eastbound left-turn lane on the Northwest Arterial at John F. Kennedy Road was adopted. 13 RESOLUTION NO. 214-20 APPROVING A FUNDING AGREEMENT (2021-TS-005) WITH THE IOWA DEPART- MENT OF TRANSPORTATION FOR A TRAFFIC SAFETY IMPROVEMENT GRANT TO ASSIST WITH THE CONSTRUCTION TO EXTEND THE EXISTING EASTBOUND LEFT-TURN LANE ON NORTHWEST ARTERIAL AT JOHN F. KENNEDY ROAD Whereas, the Northwest Arterial and John F. Kennedy (JFK) Road intersection was identified due to the operational and capacity challenges of the existing eastbound left turn lane; and Whereas, the City of Dubuque and the Iowa Department of Transportation have rec- ommended that turn lane improvements to this intersection would be in the best interest of the public due to safety and/or operational concerns, construction of an extended east- bound left turn lane at the Northwest Arterial intersection and JFK Road; and Whereas, the total cost for these improvements is estimated at $180,000.00. The Traf- fic Safety Improvement Grant will fund $105,000.00 of this project, and the remaining cost, $75,000 would be funding by the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That said Traffic Safety Improvement Grant funding will be used within the City of Dubuque to assist with the construction of an extended left turn lane at the No rth- west Arterial and JFK Road intersection is hereby approved. Section 2. That the Mayor be authorized and directed to execute two copies of said Funding Agreement (Agreement No. 2021-TS-005) for Traffic Safety Improvement Grant funding that will be used within the City of Dubuque to assist with the construction of an extended left turn lane at the Northwest Arterial and JFK Road. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Approving Fund Transfers for Capital Projects and Other Expense Reimburse- ments in Fiscal Year 2020: City Manager recommending approval of the suggested pro- ceedings approving a transfer of funds for capital projects and other expense reimburse- ments. Iowa Administrative Rules Code 545-2.5(5). Upon motion the documents were received and filed, and Resolution No. 215-20 Authorizing the Director of Finance and Budget to make the appropriate interfund transfers of sums and record the same in the appropriate manner for the FY 2020 for the City of Dubuque, Iowa was adopted. RESOLUTION NO. 215-20 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET TO MAKE THE APPRO- PRIATE INTERFUND TRANSFERS OF SUMS AND RECORD THE SAME IN THE AP- PROPRIATE MANNER FOR THE FY 2020 FOR THE CITY OF DUBUQUE, IOWA Whereas, Iowa Administrative Rules Code Section 545 -2.5(5) implements Iowa Code Section 384.18 and provides that the City Council shall approve all transfers of moneys from one budgeted fund to another budgeted fund as provided in Iowa A dministrative Rules Code Section 545-2.5(5). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 14 Section 1. Authorize the Director of Finance and Budget to Transfer Funds. That the Director of Finance and Budget be and is hereby authorized by the City Council to make the appropriate interfund transfer of sums and record the same in the appropriate manner for FY 2020. Section 2. Transfer of Funds. That the Director of Finance and Budget will transfer the following sums and to record the same in the appropriate manner: 1. Transfer from the Special Assessments Special Revenue Fund to the Street Con- struction Fund $2.51 to reimburse previously assessed street improvements. 2. Transfer from Sales Tax Construction Fund to the Stormwater Operating Fund $7,386.37 for stormwater subsidies related to tax exempt entities, farms, and half rate for income qualified. 3. Transfer from Sales Tax Construction Fund to the Debt Service Fund $47,704.53 for debt service payments on outstanding debt. 4. Transfer from DRA Distribution Fund to the Airport Construction Fund $22,394.15 for capital projects. 5. Transfer from Sales Tax Construction Fund to the Airport Construction Fund $5,134.00 for capital projects. 6. Transfer from the Dubuque Industrial Center TIF Fund to the Flexsteel Escrow Fund $317,686.40 for prior year interest earnings and county contribution. 7. Transfer from the Flexsteel Escrow Fund to the Dubuque Industrial Center TIF Fund $683,567.18 to close the fund. 8. Transfer from the Road Use Tax Fund to the Street Construction Fund $8,577.94 for capital projects. 9. Transfer from the Street Construction Fund to the General Construction Fund $219,505.42 for capital projects. 10. Transfer from the Greater Downtown Tax Increment Financing Fund t o the Gen- eral Construction Fund $90,185.00 for the reimbursement of Tax Increment Fi- nancing eligible expenses. 11. Transfer from the English Ridge Housing Tax Increment Financing Fund to the General Construction Fund $140,271.00 for low- and moderate-income eligible projects. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. U.S. Housing and Urban Development (HUD) Continuum of Care Program Re- newal Application for Fiscal Year 2022: City Manager recommending authorization to submit a one-year renewal application for Fiscal Year 2022 to the Iowa Balance of State and the U.S. Department of Housing & Urban Development for the administration of the Continuum of Care Special Needs Assistance Program, which provides rental assistance to homeless persons with disabilities. Upon motion the documents were received and filed, and Resolution No. 216-20 Authorizing the Mayor to execute an application for the Continuum of Care Grant and authorizing the Director of Housing and Community Devel- opment and the City Manager to approve the application was adopted. RESOLUTION NO. 216-20 15 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE CONTIN- UUM OF CARE GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE APPLI- CATION Whereas, the U.S. Department of Housing and Urban Development has published the availability of the Continuum of Care grant for the Collaborative Applicants includin g the Iowa Balance of the Continuum of Care; and Whereas, the U.S. Department of Housing and Urban Development will publish the availability of the Continuum of Care grant for the Project Applicants including the City of Dubuque Phoenix housing Project; and Whereas, the City of Dubuque has administered the Continuum of Care grant since 2007; and Whereas, the City of Dubuque proposes to continue administering the Continuum of Care grant to assist homeless, disable persons with permanent supportive housing; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT Section 1. The Mayor is hereby authorized to submit a pre-application to the Iowa the Balance of State and an application to HUD for the Continuum of Care program grant . Section 2. The Director of Housing and Community Development and the City Manager are hereby authorized to approve the pre-application and application that is submitted to the Iowa Balance of State and HUD. Section 3. The City Manager is hereby authorized and directed to forward said appli- cation and resulting standard executed contract to the respective agency in a timely fash- ion and as required by U.S. Department of Housing and Urban Development. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Community Solutions of Eastern Iowa (CSEI) Agreement & MOU for Continuum of Care-Special Needs Assistance Grant FY2021: City Manager recommending approval of an agreement for services with Community Solutions of Eastern Iowa for administration of the Continuum of Care Special Needs Assistance Program, which provides rental as- sistance to homeless persons with disabilities. Upon motion the documents were received and filed, and Resolution No. 217-20 Approving an agreement between the City of Dubu- que and Community Solutions of Eastern Iowa for administrative assistance for the Con- tinuum of Care Special Needs Assistance Grant was adopted. RESOLUTION NO. 217-20 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE AND COMMU- NITY SOLUTIONS OF EASTERN IOWA FOR ADMINISTRATIVE ASSISTANCE FOR THE CONTINUUM OF CARE SPECIAL NEEDS ASSISTANCE GRANT Whereas, the Continuum of Care Special Needs Assistance provides rental assistance to homeless persons with disabilities; and Whereas, the Phoenix Housing Project that is funded by the CoC -SNAP grant and operated under the City of Dubuque Housing & Community Development Department, has been in operation in Dubuque since 2007; and 16 Whereas, to administer the program in FY 2020 the City of Dubuque desires to enter into an agreement with Community Solutions of Eastern Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The Agreement is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute such Agreement 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 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. 2020 Justice Assistance Grant (JAG) Grant Application: City Manager recommend- ing approval of the 2020 Justice Assistance Grant (JAG) application. Upon motion the documents were received, filed, and approved. 18. Urban Sustainability Directors Network (USDN) Rapid Response Funding Award : City Manager recommending acceptance of a funding award from the Urban Sustainabil- ity Director’s Network (USDN) Rapid Response Grant Program. Upon motion the docu- ments were received, filed and approved. 19. Dubuque's North Port Revitalization: City Manager providing a copy of a news re- lease from the U.S. Environmental Protection Agency (EPA) highlighting Dubuque's North Port Revitalization as a transformative Browfields Cleanup. Upon motion the documents were received and filed. 20. AmeriCorps Partners in Learning Grant Agreement for 2020-2021: City Manager recommending approval of the 2020-2021 AmeriCorps Partners in Learning Grant agree- ment recently approved by the Corporation for National and Community Service. Upon motion the documents were received, filed and approved. 21. Community Development Block Grant (CDBG) Annual Plan Amendment #1 for FY2021: City Manager recommending approval of Amendment #1 to the FY2021 Com- munity Development Block Grant, as recommended by the Community Development Ad- visory Commission. Upon motion the documents were received and filed, and Resolution No. 218-20 Adopting the Fiscal Year 2021 (Program Year 2020) Community Develop- ment Block Grant (CDBG) Annual Action Plan Amendment #1 was adopted. RESOLUTION NO. 218-20 ADOPTING THE FISCAL YEAR 2021 (PROGRAM YEAR 2020) COMMUNITY DEVEL- OPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN AMENDMENT #1 Whereas, the City of Dubuque, through a series of public meetings and hearings, pro- posed a Fiscal Year 2021 (Program Year 2010) Community Development Block Grant 17 Annual Action Plan for inclusion in the City Budget addressing housing and non -housing needs in the community; and Whereas, the Community Development Advisory Commission held a public hearing on July 15, 2020 to receive community input on the first amendment to the Fiscal Year 2021 (Program Year 2010) Community Development Block Grant Annual Action Plan; and Whereas, the Community Development Advisory Commission unanimously recom- mended the City Council approve Amendment #1 to the Fiscal Year 2021 (Program Year 2010) Community Development Block Grant Annual Action Plan on July 15, 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Community Development Block Grant Fiscal Year 2021 (Program Year 2020) Annual Action Plan Amendment #1, attached hereto as Exhibit A and by this refer- ence made a part hereof, is hereby approved. Section 2. The amended plan will be prepared and reviewed in accordance with the adopted Citizen Participation Plan prior to submission to the United States Department of Housing and Urban Development; and Section 3. The City Manager is hereby authorized to directed staff to prepare and sub- mit to the United States Department of Housing and Urban Development the Fiscal Year 2021 (Program Year 2020) Annual Action Plan Amendment #1 with all related documents, for the use of Community Development Block Grant funds based on this adopted budget and execute standard contracts and agreements. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 22. FY 2019 Audit Finding Clearance from U.S. Department of Housing & Urban De- velopment: City Manager transmitting information regarding the U.S. Department of Housing & Urban Development (HUD) Audit Finding Clearance. Upon motion the docu- ments were received and filed. 23. Certified Local Government (CLF) Grant Contract Modification for Four Mounds Protection Plan: City Manager approval of a scope modification of the CLG Grant Agree- ment with the State Historic Preservation Office for Four Mounds Park and to designate the Planning Services Manager to sign the contract on behalf of the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 219-20 Author- izing Scope of Modification of CLG Grant Agreement with State Historic Preservation Of- fice for Four Mounds Park was adopted. RESOLUTION NO. 219-20 AUTHORIZING SCOPE MODIFICATION OF CLG GRANT AGREEMENT WITH STATE HISTORIC PRESERVATION OFFICE FOR FOUR MOUNDS PARK Whereas, the State Historic Preservation Office has awarded Certified Local Govern- ment (CLG) grant funds to the City of Dubuque for preservation planning for Four Mounds Park; and Whereas, as a Certified Local Government the City of Dubuque is the owner of the Four Mounds Park and partners with Four Mounds Foundation; and 18 Whereas, the State Historic Preservation Office has agreed to the City of Dubuque’s request for scope modification of the grant to shift from including a preservation mainte- nance plan for the historic cabin at Four Mounds, to an Inadvertent Discovery Plan, as recommended by stakeholders at the Four Mounds Summit in May 2019; and Whereas, this change does not affect the total expenditure or revenue of the grant by the shifting of grant funds to hire the Office of the State Archaeologist as a sole source contractor. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The said scope of work modification to the grant is approved. Section 2. The Planning Services Manager is hereby authorized to sign the contract with the Office of the State Archaeologist. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. ImOn Communications, LLC Co-Location Agreement Amendment No. 5: City Man- ager recommending approval of the Fifth Amendment to an existing Master Agreement and Project Statement in place between the City of Dubuque and ImOn Communications LLC. Upon motion the documents were received, filed , and approved. 25. ImOn Communications, LLC Co-Location Agreement Amendment No. 6: City Man- ager recommending approval of the Sixth Amendment to an existing Master Agreement and Project Statement in place between the City of Dubuque and ImOn Communications LLC. Upon motion the documents were received, filed , and approved. 26. Proceedings to Amend the 2010A Sewer Revenue Capital Loan Notes (State Re- volving Fund Loan) for a Rate Reset (Refinancing) – North Catfish Creek Sanitary Sewer Project: City Manager recommending approval of an amendment to the City Sewer Rev- enue State Revolving Fund Loan Agreement entered into as of January 13, 2010. Upon motion the documents were received and filed, and Resolution No. 220-20 Approving and authorizing Amendment to Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority, and authorizing and providing for the reis- suance of the Sewer Revenue Capital Loan Note, Series 2010A (Rate Reset) was adopted. RESOLUTION NO: 220-20 APPROVING AND AUTHORIZING AN AMENDMENT TO LOAN AND DISBURSE- MENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE REIS- SUANCE OF THE SEWER REVENUE CAPITAL LOAN NOTE, SERIES 2010A (RATE RESET), OF THE CITY Whereas, the City of Dubuque (hereinafter the "Issuer") previously issued its Sewer Revenue Capital Loan Note, Series 2010A, dated January 13, 2010, in the amount of $912,000 (along with a forgivable note in the amount of $229,000) (hereinafter the "Note") currently outstanding in the amount of $529,000, pursuant to a Loan and Disbursement 19 Agreement between the Issuer and the Iowa Finance Authority, dated of like date (the "Agreement"), for the purpose of defraying the costs of the Project (as defined in the resolution authorizing issuance of the same (hereinafter the "Resolution")); and Whereas, the Iowa Finance Authority, as Original Purchaser and current holder of the Notes, has authorized a reduction in the interest rate on the Notes to 1.75%; and Whereas, an Amendment to the Loan and Disbursement Agreement (hereinafter the "Amendment") has been prepared to reflect said interest rate reduction, a copy of which is attached hereto as Exhibit A; and Whereas, pursuant to IRS regulations adoption of the Amendment constitutes a reis- suance of the Notes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. That the Resolution is hereby amended to reflect the interest rate reduction to 1.75% per annum on the outstanding principal amount from and after June 1, 2020 for the remainder of the life of the Notes. Section 2. That the Amendment in substantially in the form attached to this Resolution is hereby authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. That the Supplemental Tax Certificate regarding the uses of proceeds and the system is hereby approved. The City Clerk is directed to execute the same. Section 4. Except as amended herein, all of the other terms and conditions of the Res- olution and Agreement are in all respects ratified, confirmed and approved and shall re- main in full effect. Passed and approved this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 27. Proceedings to Amend the 2010B Stormwater Revenue Capital Loan Notes (State Revolving Fund Loan) for a Rate Reset (Refinancing) – North Catfish Creek Stormwater Project: City Manager recommending approval of an amendment to the City Stormwater Revenue State Revolving Fund (SRF) loan agreement entered into as of January 13, 2010. Upon motion the documents were received and filed, and Resolution No. 221-20 Approving and authorizing Amendment to Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority and authorizing and provid- ing for the reissuance of the Stormwater Revenue Capital Loan Note, Series 2010B (Rate Reset) was adopted. RESOLUTION NO: 221-20 APPROVING AND AUTHORIZING AN AMENDMENT TO LOAN AND DISBURSE- MENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE REIS- SUANCE OF THE STORMWATER REVENUE CAPITAL LOAN NOTE, SERIES 2010B (RATE RESET), OF THE CITY Whereas, the City of Dubuque (hereinafter the "Issuer") previously issued its Storm- water Revenue Capital Loan Note, Series 2010B, dated January 13, 2010, in the amount of $800,000 (along with a forgivable note in the amount of $198,000) (hereinafter the 20 "Note") currently outstanding in the amount of $463,000, pursuant to a Loan and Dis- bursement Agreement between the Issuer and the Iowa Finance Authority, dated of like date (the "Agreement"), for the purpose of defraying the costs of the Project (as defined in the resolution authorizing issuance of the same (hereinafter the "Resolution")); and Whereas, the Iowa Finance Authority, as Original Purchaser and current holder of the Notes, has authorized a reduction in the interest rate on the Notes to 1.75%; and Whereas, an Amendment to the Loan and Disbursement Agreement (hereinafter the "Amendment") has been prepared to reflect said interest rate reduction, a copy of which is attached hereto as Exhibit A; and Whereas, pursuant to IRS regulations adoption of the Amendment constitutes a reis- suance of the Notes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. That the Resolution is hereby amended to reflect the interest rate reduction to 1.75% per annum on the outstanding principal amount from and after June 1, 2020 for the remainder of the life of the Notes. Section 2. That the Amendment in substantially in the form attached to this Resolution is hereby authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. That the Supplemental Tax Certificate regarding the uses of proceeds and the system is hereby approved. The Director of Finance & Budget is directed to execute the same. Section 4. Except as amended herein, all of the other terms and conditions of the Res- olution and Agreement are in all respects ratified, confirmed and approved and shall re- main in full effect. Passed and approved this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 28. Proceedings to Amend the 2010C Water Revenue Capital Loan Notes (State Re- volving Fund Loan) for a Rate Reset (Refinancing) – Water Meter Changeout Project: City Manager recommending approval of an amendment to the City Water Revenue State Revolving Fund (SRF) loan agreement entered into as of February 12, 2010. Upon motion the documents were received and filed, and Resolution No. 222-20 approving and au- thorizing Amendment to Loan and Disbursement Agreement by and between the City of Dubuque and the Iowa Finance Authority and authorizing and providing for the reissuance of the Water Revenue Capital Loan Note, Series 2010C (Rate Reset) was adopted. RESOLUTION NO: 222-20 APPROVING AND AUTHORIZING AN AMENDMENT TO LOAN AND DISBURSE- MENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE IOWA FINANCE AUTHORITY, AND AUTHORIZING AND PROVIDING FOR THE REIS- SUANCE OF THE WATER REVENUE CAPITAL LOAN NOTE, SERIES 2010C (RATE RESET), OF THE CITY Whereas, the City of Dubuque (hereinafter the "Issuer") previously issued its Water Revenue Capital Loan Note, Series 2010C, dated February 12, 2010, in the amount of 21 $7,676,000 ($8,676,000 originally issued, with $1,000,000 in the form of a forgivable loan) (hereinafter the "Note") currently outstanding in the amount of $1,991,000, pursuant to a Loan and Disbursement Agreement between the Issuer and the Iowa Finance Authority, dated of like date (the "Agreement"), for the purpose of defraying the costs of the Project (as defined in the resolution authorizing issuance of the same (hereinafter the "Resolu- tion")); and Whereas, the Iowa Finance Authority, as Original Purchaser and current holder of the Notes, has authorized a reduction in the interest rate on the Notes to 1.75%; and Whereas, an Amendment to the Loan and Disbursement Agreement (hereinafter the "Amendment") has been prepared to reflect said interest rate reduction, a copy of which is attached hereto as Exhibit A; and Whereas, pursuant to IRS regulations adoption of the Amendm ent constitutes a reis- suance of the Notes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: Section 1. That the Resolution is hereby amended to reflect the interest rate reduction to 1.75% per annum on the outstanding principal amount from and after June 1, 2020 for the remainder of the life of the Notes. Section 2. That the Amendment in substantially in the form attached to this Resolution is hereby authorized to be executed and issued on b ehalf of the Issuer by the Mayor and attested by the City Clerk. Section 3. That the Supplemental Tax Certificate regarding the uses of proceeds and the system is hereby approved. The Director of Finance & Budget is directed to execute the same. Section 4. Except as amended herein, all of the other terms and conditions of the Res- olution and Agreement are in all respects ratified, confirmed and approved and shall re- main in full effect. Passed and approved this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 29. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine, and tobacco license applications as submitted. Upon motion the documents were received and filed, and Resolution No. 223-20 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control , Article B Liquor, Beer and Wine Licenses and Permits ; and Resolution No. 224-20 Approving ap- plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 223-20 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 22 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: Renewals 1st & Main 101-113 Main St. Class C Liquor License (Out- door) (Sunday) Applebee's Neighborhood Grill and Bar 1395 Associates Dr. Class C Liquor License (Sun- day) Catfish Charlie's 1630 East 16th St. Class E Liquor, Class B Wine (Sunday) Fas Mart # 5159 2175 Central Ave. Class E Liquor, Class C Beer, Class B Wine (Sunday) House of China Co 170 J.F. Kennedy Rd. Class C Liquor (Sunday) Hy-Vee Club Room 2395 NW Arterial Special Class C Liquor (Sunday) Keywest Conoco 2150 Twin Valley Dr. Class E Liquor, Class C Beer, Class B Wine (Sunday) Knicker's Saloon 2186 Central Ave. Class C Liquor (Living Qtrs.) (Outdoor) (Sunday) Kwik Stop C-Stores 2335 University Ave. Class E Liquor, Class B Native Wine, Class C Beer (Sunday) The Lift 180 Main St. Class C Liquor (Sunday) Vinny Vanucchis Little It- aly 164 Main St. Class C Liquor (Outdoor) (Sun- day) Walnut Tap Tavern 709 University Ave. Class C Liquor (Sunday) 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 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 224-20 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: 23 Business Name Business Address Midwest Vapors 2600 Dodge St Suite B4 Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Passed, approved, and adopted this 20th day of July 2020. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick 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 Sprank. Motion carried 6 -0. 1. Approval of the Revised Administrative Plan for the Housing Choice Voucher Pro- gram: City Manager recommending the City Council set a public hearing for August 17, 2020 on the Revised Administrative Plan for the Housing Choice Voucher Program. Upon motion Resolution No. 225-20 Intent to approve Revision of the Administrative Plan for the Housing Choice Voucher Program was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 17, 2020. [Due to the COVID -19 pandemic, this meeting will be conducted virtually unless posted otherwise.] RESOLUTION NO. 225-20 INTENT TO APPROVE REVISION OF THE ADMINISTRATIVE PLAN FOR THE HOUS- ING CHOICE VOUCHER PROGRAM Whereas, the City of Dubuque is designated as a Public Housing Authority; and Whereas, the City of Dubuque maintains a comprehensive Public Housing Authority Administrative Plan; and Whereas, the City of Dubuque desires to revise said Public Housing Authority Admin- istrative Plan; and Whereas, the Housing & Community Development Department will adopt the revisions to the Public Housing Authority Administrative Plan, subject to City Council approval. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City Council intends to approve the revision to the Public Housing Au- thority Administrative Plan for the Housing Choice Voucher Program. Section 2. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to adopt a revision to the Public Housing Authority Administrative Plan for the Hous- ing Choice Voucher Program on the 17th day of August 2020, at 6:30 p.m. Section 3. Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday, August 14, 2020 and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org. Passed, approved, and adopted this 20th day of July 2020. 24 Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments were made to the following commissions. 1. Civil Service Commission: One, 4-Year term through April 6, 2024 (Vacant term of Stillings): Carla Heathcote, 2529 Stafford St. Upon Council concurrence, Mayor Buol ap- pointed Ms. Heathcote to a four-year term through April 6, 2024. 2. Long Range Planning Advisory Commission: Two, 3-Year term through July 1, 2023 (Expiring terms of Peroski and Vincent). Applicants: Michael Peroski, 1935 Coates St.; and Alan Vincent, 565 Woodland Rd. Motion by Jones to appoint Mr. Peroski and Mr. Vincent to 3-year terms through July 1, 2023. Seconded by Cavanagh. Motion carried 6- 0. PUBLIC HEARINGS 1. Intent to Dispose of City-Owned Property at 2033 Washington: Proof of publication on notice of public hearing to consider disposing of City-owned real property located at 2033 Washington Street to Emily J. and William C. Andress, and the City Manager rec- ommending approval. Motion by Jones to receive and file the documents and adopt Res- olution No. 226-20 Disposing of City interest in real property by Deed to Emily J. and William C. Andress. Seconded by Resnick. Staff confirmed that no online public input had been received related to this item. Motion carried 6-0. RESOLUTION NO. 226-20 DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO EMILY J. AND WILLIAM C. ANDRESS Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 22 of Steiner’s Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof, together with and subject to all easements and agreements of record; locally known as 2033 Washington Street; and Whereas, City and Emily J. and William C. Andress have tentatively entered into a Purchase Agreement pursuant to which City will convey the Property to Emily J. and Wil- liam C. Andress; and Whereas, the City Council, by Resolution No. 196-20, dated July 6, 2020, declared its intent to dispose of City interest in the Property; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on July 20, 2020 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Pu rchase Agreement for the sale of the Property to Emily J. and William C. Andress according to 25 the terms and conditions set out in the Purchase 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 Purchase Agreement by and between the City of Dubuque and Emily J. and William C. Andress for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute and deliver a Spe- cial Warranty Deed, disposing all of the City’s interest in the Property to Emily J. and William C. Andress. Section 3. The City Clerk is hereby authorized and directed to cause said Special War- ranty Deed to be recorded in the Office of the Dubuque County Recorder, together with a certified copy of the Resolution. Passed, approved, and adopted this 20th day of July 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Due to the COVID-19 pandemic, public input was made possible through GoToMeeting audio and chat provided on the agenda, through Facebook Live www.face- book.com/cityofdubuque, and the City Clerk’s email, ctyclerk@cityofdubuque.org. Gary Valentine, 11429 Edval Lane, spoke in support of his request (Action Item #2) to waive the requirement for a pre-annexation agreement regarding the subdividing of his farm property. Staff confirmed that no other online public input was received. ACTION ITEMS 1. Pet-Friendly Community Work Group Be A.W.A.R.E Education Campaign: City Man- ager recommending approval for Robin MacFarlane, owner of That’s My Dog, to present information regarding her Be A.W.A.R.E. education campaign. Motion by Cavanagh to receive and file the information and listen to the presentation. Seconded by Sprank. Mo- tion carried 6-0. Ms. MacFarlane presented information on the five steps of the Be A.W.A.R.E pet protocol. Topics included a description of the A.W.A.R.E. acronym: Alert - be prepared to take action, Walk away to create distance to stay safe, Admire others’ pets from a safe distance, Responsibility to understand and respect others’ attitudes toward your pet, and Educate by example to share public space with both pet owners and non-pet owners. 2. Appeal of Pre-Annexation Agreement by Gary Valentine: Gary Valentine, 11429 Edval Lane, requesting exemption from a pre-annexation agreement with the City. Motion by Jones to receive and file the documents and refer to the City Manager. Seconded by Cavanagh. City Manager Van Milligen responded to questions from the City Council and spoke to the history of the City’s pre-annexation ordinance, denials of waivers, and the waivers that have been granted since the passage of the ordinance. Motion carried 6-0. 26 3. Roosevelt Street Water Tower Construction Update Video: Media Services will show a video update of the Roosevelt Street Water Tower Construction Project. Motion by Roussell to receive and file the information and view the video. Seconded by Resnick. Motion carried 6-0. COUNCIL MEMBER REPORTS Council Member Roussell, reported on a documentary provided by the Dubuque County Early Childhood Board entitled “No Small Matter,” and suggested viewing . Ms. Roussell also provided information on anyone wanting to become a home childcare pro- vider and earning up to $5,000. For more information, please contact the Childcare Re- source and Referral [(563) 557-1628, 2728 Asbury Road]. Council Member Resnick requested that the candidate information f or filing the First Ward Council seat be provided to the public soon and asked if the interviews would be broadcast. City Clerk Firnstahl stated that the information would be included with the agenda posting on Tuesday, July 21, adding that the Telegraph H erald is printing an ar- ticle for Tuesday and Radio Dubuque had been given the information as well. The meet- ing audio would be broadcast live through CityChannel Dubuque as well as streamed live from the City’s webpage. TH Reporter Tom Barton confirmed via online chat that he will have an article in Tuesday’s edition of the Telegraph Herald with the First Ward candi- dates’ information. Council Member Cavanagh reported on the value of the recent series of NAACP online discussions entitled “Next Steps for Justice” that conclude with a list of solutions. Mr. Cavanagh stated that anyone is welcome to join the discussion. [July 25, 2020. Contact the NAACP at (563) 594-0652.] Mayor Buol reported that social equity discussion s will be included in the City Council Goal setting August 10-12, 2020. City Manager requested that the July 27 Black Lives Matter; Diversity, Equity and In- clusion City Council work session be divided into two nights due to the large amount of information being presented. The Council concurred on the July 27 & 28 recommenda- tion. Mayor Buol concluded by encouraging everyone wear masks, wash hands, and adhere to best health practices to collectively help tamp down the virus that is increasing through- out the state. There being no further business, Mayor Buol declared the meeting adjourned at 7:56 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk