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7 20 15 City Council Proceedings Official_Regular 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, 2015 in the th Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) Dubuque County Fair Week (July 28-August 2, 2015) was accepted by the Fair’s General Manager Jamie Blum. Americans with Disabilities Act (ADA) 25th Anniversary (July 26, 2015) was accepted by Dubuque Center for Independent Living Board Chair R.R.S. Stewart and Iowa Dem- ocratic Party Disability Constituency Caucus Chair Judy Schmidt. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Council Member Connors requested Items 18-22 be held for separate discussion. Motion carried 7-0 Motion by Connors to receive and file and approve Items 18-22. Seconded by Res- nick. Housing and Community Development Director Alvin Nash provided an explana- tion of the revisions made to the documents. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 7/6; Civil Service Commission of 6/14; Human Rights Commission of 6/2, 6/8; Library Board of Trustees of 5/28; Library Board of Trustee Update of 7/1; Park and Recreation Advisory Commis- sion of 6/9; Zoning Advisory Commission of 7/1; Zoning Board of Adjustment of 6/25; Proof of Publication for City Council Proceedings of 6/15; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 5/31. Upon motion the documents were received, filed and approved. 2. Notice of Claims and Suits: Linda Schoenberger for property damage; City of Dubuque vs. Jerryl Gesie et al.; City of Dubuque vs. Jesse Rans et al.; City of Dubuque 1 vs. Blake and Linda Schellenberg et al. 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: Elaine Evers for vehicle damage; Tim Mueller for monetary loss; Linda Schoenberger for property damage. Upon motion the documents were received, filed and concurred. 4. Sustainable Dubuque Community Grant Recommendations: City Manager recom- mending approval of five grant requests from the Sustainable Dubuque Community Grant program. Upon motion the documents were received, filed and approved. 5. Request for Proposal - Bee Branch Flood Control Pumping Station Gates and Pri- mary Electric Service Replacement Project: City Manager recommending approval to proceed with the issuing of a Request for Proposals for design and engineering services for the Bee Branch Flood Control Pumping Station Gates and Primary Electric Service Replacement Project. Upon motion the documents were received, filed and approved. 6. ITC Midwest Easement Agreement: City Manager recommending approval of two Easement Agreements for Public Sidewalk with ITC Midwest. Upon motion the docu- ments were received, filed and approved. 7. Operating Engineers Collective Bargaining Agreement Amendment: City Manager recommending approval of an Amendment to the Collective Bargaining Agreement with the International Union of Operating Engineers, Local #234 to provide for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispatchers. Upon motion the documents were received, filed and approved. 8. ISO Public Protection Classification: Correspondence from the Insurance Service Office (ISO) providing results of their recent Public Protection Classification survey that provides an analysis and classification of the structural fire suppression delivery system for Dubuque. Upon motion the documents were received and filed. 9. Limited Term Engineering Technician Position: City Manager recommending ap- proval to create one limited term (duration two years) Engineering Technician position in the Engineering Department. Upon motion the documents were received, filed and ap- proved. 10. Ainley Kennels & Fabrication, Inc. et al. v. City of Dubuque: City Attorney trans- mitting the Court's ruling regarding the lawsuit brought by 18 manufacturing plaintiffs seeking rebates of natural gas franchise fees. Upon motion the documents were re- ceived and filed. 11. Pre-Annexation Agreement - Gronen/Mulgrew: City Manager recommending ap- proval of a Pre-Annexation Agreement with Mary (Mulgrew) Gronen and the Robert J. 2 Mulgrew Marital Trust for approximately 30.5 acres located along White Top Road near the entrance to Swiss Valley Park in Dubuque County. Upon motion the documents were received and filed and Resolution No. 245-15 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Mary (Mulgrew) Gronen and Ameri- can Trust And Savings Bank, Trustees of the Robert J. Mulgrew Marital Trust under Ar- ticle VI of the Last Will and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated January 22, 2008 was adopted. RESOLUTION NO. 245-15 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND MARY (MULGREW) GRONEN AND AMERICAN TRUST AND SAV- INGS BANK, TRUSTEES OF THE ROBERT J. MULGREW MARITAL TRUST UNDER ARTICLE VI OF THE LAST WILL AND TESTAMENT OF ROBERT J. MULGREW AND THE MARY LOU MULGREW REVOCABLE TRUST DATED JANUARY 22, 2008 Whereas, Mary (Mulgrew) Gronen and American Trust and Savings Bank, Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the last Will and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated January 22, 2008, the owners 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: th Lot 2 of the SW ¼ NW ¼ Section 16, T88N, R2E of the 5 P.M., Dubuque Coun- ty, Iowa; and Whereas, Mary (Mulgrew) Gronen and American Trust and Savings Bank, Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the last Will and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated January 22, 2008 have 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 in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre-annexation Agreement by and between Mary (Mulgrew) Gronen and American Trust and Savings Bank, Trustees of the Robert J. Mulgrew Marital Trust under Article VI of the last Will and Testament of Robert J. Mulgrew and the Mary Lou Mulgrew Revocable Trust dated January 22, 2008 and the City of Dubuque is hereby approved. th Passed, approved and adopted this 20 day of July, 2015. Roy D. Buol, Mayor 3 Attest: Kevin S. Firnstahl, City Clerk 12. 2015 Pavement Marking Project Award: City Manager recommending that the award for the 2015 Pavement Marking Project to Selco, Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 13. 610 Wilbur Street Deconstruction Project Recording Award Memo: City Manager recommending that the award for the deconstruction of 610 Wilbur Street Project to D.F. Excavating, LLC be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a matter of record. 14. Family Self-Sufficiency Grant Application: City Manager recommending approval to submit a grant application to fund the three existing Family Self-Sufficiency Coordina- tor positions. Upon motion the documents were received and filed and Resolution No. 246-15 Authorizing the Mayor to execute an application for the HUD Family Self- Sufficiency Program Grant and authorizing the Director of Housing and Community De- velopment and the City Manager to approve the application was adopted. RESOLUTION NO. 246-15 AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE HUD FAM- ILY SELF-SUFFICIENCY PROGRAM GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE APPLICATION Whereas, the U.S. Department of Housing and Urban Development has published a Notice of Funding Availability (NOFA) for the Family Self-Sufficiency Program to be uti- lized for the salaries of program coordinators combining the funding for the FSS coordi- nators that serve Housing Choice Voucher (HCV) participants and/or Public Housing (PH) participants for Calendar Year 2016; and Whereas, the City of Dubuque has administered Project Self-Sufficiency since Sep- tember 1987 that became the Family Self-Sufficiency (FSS) Program in July 1994; and Whereas, the City of Dubuque has received funding for an FSS coordinator continu- ously since 1994; and Whereas, the City of Dubuque proposes to continue administering the FSS program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE IOWA: Section 1: That the Mayor is hereby authorized and directed to submit an application for the HUD FSS program grant. Section 2: That the Director of Housing and Community Development and the City Manager are hereby authorized to approve the application that is submitted to HUD. Section 3: That the City Manager is hereby authorized and directed to forward said application and resulting standard executed contract to the respective agencies in a timely fashion and as required by the U. S. Department of Housing and Urban Devel- opment. th Passed, approved and adopted this 20 day of July, 2015. Roy D. Buol, Mayor 4 Attest: Kevin S. Firnstahl, City Clerk 15. Schedule of Assessments - Garbage/Junk/Weeds, Start 2015: City Manager rec- ommending the levy of special assessments for the Weed/Junk/Garbage Enforcement Programs for properties inspected from November 1, 2014 to June 30, 2015. Upon mo- tion the documents were received and filed and Resolution No. 247-15 Adopting the Schedule of Assessments for 2015 and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 247-15 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 2015 AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for weed/grass cutting and junk/garbage removal tax assessments which Schedule of As- th sessments was filed in the office of the City Clerk on the 20 day of July, 2015, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule 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. 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 and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Of- th fice, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the Coun- ty Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Io- wa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. th Passed, approved and adopted this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk SCHEDULE OF ASSESSMENTS 2015 Weed/Junk/Garbage Assessments November 1, 2014 - June 30, 2015 Property Address; Owner; Parcel; Legal Description; Date Cut/Cleaned Up By Contrac- tor; Expense; Administrative Fee; Total Rosewood, 2593; Bruce & Kathy Haylock, 2593 Rosewood Dr., Dubuque, IA 52001; 1015353012; Lot 6 Blk 22 Clover Hills Sub; 11/29/2014; $159.46; $25.00; $184.46 5 Rhomberg Ave., 700; Hiba Petroleum, Inc., 1785 Ruzich Dr., Bartlett, IL 60103; 1.013E+09; NE 36'& SW 16.43' OF LOT 20 COOKS ADD & LOT 21 COOKS ADD; 10/30/2014; $45.00; $25.00; $70.00 Jackson St., 1228; Maurice Kirchberg, 1228 Jackson St., Dubuque, IA 52001; 1024435011; S 26.2' Lot 60 East Dubuque Add; 10/16/2014; $76.00; $25.00; $101.00 Elm St., 2721; Travis Kaiser & Kendra Chapman, 2721 Elm St., Dubuque, IA 52001; 1013182023; S 1/2 of Lot 191 Glendale Add; 12/15/2014; $124.00; $25.00; $149.00 Jackson St., 2063; Joyce Terris, 2063 Jackson St., Dubuque IA 52001; 1024213011; N 25'-Lot 1-2-E 1/2 Lots 42 & 43 L H Langworthy's Add; 12/19/2014; $83.00; $25.00; $108.00 thth W 5 St., 1289; Leon & Sandra Hefel, 1289 W 5 St., Dubuque, IA 52001; 1026236008; Lot 2-A-11 & Lot 2-B-12 Both S.M. Langs Sub; 2/14/2015; $205.00; $25.00; $230.00 Queen St., 2516; Richard & Anna Crooks, 2516 Queen St., Dubuque, IA 52001; 1013414001; Lot 50 Staffords Add; 2/13/2015; $165.00; $25.00; $190.00 Elm St., 2540; Greg Sharkey, 2540 Elm St., Dubuque, IA 52001; 1013413004; Lot 77 E Langworthy's Add; Feb/March 2015; $900.00; $25.00; $925.00 Washington St., 2319; Gina Ungs, 2319 Washington St., Dubuque, IA 52001; 1013459022; N 33'-S 48'-Lot 74 L H Langworthy's Add; 12/18/2014; $83.00; $25.00; $108.00 Lincoln Ave., 1218; William Heming, 1218 Lincoln Ave., Dubuque, IA 52001; 1118310004; Lot 6 Kiene's Sub; 4/14/2015; $185.70; $25.00; $210.70 Rhomberg Ave., 2224; Cheryl Marcov, 2224 Rhomberg Ave., Dubuque, IA 52001; 1107457009; Lot 310 Hams Add; 6/23/2015; $40.00; $25.00; $65.00 Jackson St., 2705; Brett Hahlen, 232 E 26th St., Dubuque, IA 52001; 1.013E+09; E 170'-E 90'-S 34'4" of Lot 366 Davis Farm Add; 6/23/2015; $30.00; $25.00; $55.00 Central Ave., 2626; Justin McCarthy, 2626 Central Ave., Dubuque, IA 52001; 1.013E+09; S 1/2-W 1/2-271 Davis Farm Add; 6/15/2015; $40.00; $25.00; $65.00 Jackson St., Lot next to 1845; Chad Hansen, 1849 Jackson St., Dubuque, IA 52001; 1.024E+09; N 1/2 M 1/5 City Lot 490; 6/30/2015; $40.00; $25.00; $65.00 16. CDBG Grant Agreement - Four Mounds HEART Program: City Manager recom- mending approval of the Community Development Block Grant (CDBG) Grant Agree- ment with Four Mounds HEART Program. Upon motion the documents were received, filed and approved. 17. Contracted Services Grant Agreement - Hills and Dales Senior Center Lifetime Program: City Manager recommending approval of a revised Contracted Service Agreement with Hills and Dales Senior Center Lifetime Program. Upon motion the doc- uments were received, filed and approved. 18. Purchase of Services Grant Agreement - Opening Doors: City Manager recom- mending approval of a revised Purchase of Services Grant Agreement with Opening Doors. Upon motion the documents were received, filed and approved. 6 19. Purchase of Services Grant Agreement- Project Concern Information and Refer- ral: City Manager recommending approval of a revised Purchase of Services Agreement with Project Concern to assist Project Concern’s 211 Center. Upon motion the docu- ments were received, filed and approved. 20. Purchase of Services Agreement - Almost Homes at St. John's: City Manager recommending approval of a revised Purchase of Services Grant Agreement with Al- most Home at St. John’s. Upon motion the documents were received, filed and ap- proved. 21. Purchase of Services Grant - St. Mark Youth Enrichment: City Manager recom- mending approval of a revised Purchase of Services Grant Agreement with St. Mark’s Youth Enrichment. Upon motion the documents were received, filed and approved. 22. Purchase of Services Agreement - Dubuque YMCA/YWCA: City Manager rec- ommending approval of a revised Purchase of Services Grant Agreement with the Dubuque Community YMCA/YWCA Victim Services Shelter. Upon motion the docu- ments were received, filed and approved. 23. Dubuque Furniture & Flooring Selective Demolition & Restoration Project Ac- ceptance: City Manager recommending acceptance of the construction contract for the Dubuque Furniture & Flooring Selective Demolition & Restoration Project as completed by Epic Construction. Upon motion the documents were received and filed and Resolu- tion No. 248-15 Accepting the Dubuque Furniture & Flooring Selective Demolition & Restoration Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 248-15 ACCEPTING THE DUBUQUE FURNITURE & FLOORING SELECTIVE DEMOLITION & RESTORATION PROJECT AND AUTHORIZING THE PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Dubuque Furniture & Flooring Se- lective Demolition & Restoration Project (the Project) has been completed has been completed by the Contractor, EPIC Construction (Contractor), the City Engineer has ex- amined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $150,655.00; and Whereas, the Contractor has previously been paid $143,122.25, leaving a balance of $7,532.75; 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 hereby directed to pay to the Contractor the bal- ance of the retainage of $7,532.75 as provided in Iowa Code chapter 573, and to pay 7 such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. th Passed, approved and adopted this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. Acceptance of EPA Environmental Education Grant: City Manager recommend- ing approval to partner with the University of Iowa to accept the Environmental Protec- tion Agency Environmental Education grant and to enter into an agreement to act as a subgrantee of the University of Iowa. Upon motion the documents were received, filed and approved. 25. Brownfields Assessment Cooperative Agreement Amendment – ECIA: City Man- ager recommending approval of an amended contract for services from East Central Intergovernmental Association regarding the 2013 EPA Brownfields Assessment Grant. Upon motion the documents were received and filed and Resolution No. 249-15 Author- izing approval of an Amended and Restated Contract between the City of Dubuque, Io- wa and East Central Intergovernmental Association for grant administration for the 2013 Environmental Protection Agency Brownfields Assessment Cooperative Agreement was adopted. RESOLUTION NO. 249-15 AUTHORIZING APPROVAL OF AN AMENDED AND RESTATED CONTRACT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND EAST CENTRAL INTERGOVERN- MENTAL ASSOCATION FOR GRANT ADMINISTRATION FOR THE 2013 ENVI- RONMENTAL PROTECTION AGENCY BROWNFIELDS ASSESSMENT COOPERA- TIVE AGREEMENT Whereas, the City of Dubuque, Iowa (City) has been awarded $200,000 for a Petro- leum Assessment Grant and $200,000 for a Hazardous Substances Assessment Grant (the Grants) from the Environmental Protection Agency as part of a Brownfields As- sessment Cooperative Agreement; and Whereas, City published a request for qualifications for project management and planning services for the Grants; and Whereas, City staff recommended East Central Intergovernmental Association (ECIA) perform the work and a contract was entered into between City and ECIA (the Contract); and Whereas, City determined the scope of work required to administer the Grants would require services in addition to those in the Contract with ECIA; and Whereas, City published a second request for proposals; and Whereas, City staff recommends HR Green perform the additional services; and Whereas, the scope of service and number of hours required in the Contract with ECIA will be reduced; and Whereas, City and ECIA now desire to amend and restate the terms of the Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 8 Section 1. That the Amended and Restated Contract with East Central Intergovern- mental Association for the administration of the Petroleum Assessment Grant and a Hazardous Substances Assessment Grant is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Amended and Restated Contract on behalf of the City of Dubuque, Iowa. th Passed, approved, and adopted this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 26. Brownfields Area-Wide Planning Grant Contract – ECIA: City Manager recom- mending approval of a contract with East Central Intergovernmental Association (ECIA) to provide administrative services in relation to the EPA Brownfields Area-Wide Plan- ning Grant. Upon motion the documents were received and filed and Resolution No. 250-15 Approving an agreement between the City of Dubuque, Iowa and East Central Intergovernmental Association for grant administration for the 2015 Environmental Pro- tection Agency Area Wide Planning Grant was adopted. RESOLUTION NO. 250-15 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND EAST CENTRAL INTERGOVERNMENTAL ASSOCIAITON FOR GRANT ADMIN- ISTRATION FOR THE 2015 ENVIRONMENTAL PROTECTION AGENCY AREA WIDE PLANNING GRANT Whereas, the Environmental Protection Agency has awarded the City of Dubuque, Iowa (City) an Area Wide Planning Grant (the Grant); and Whereas, the City of Dubuque, Iowa wishes to engage East Central Intergovernmen- tal Association (ECIA) to provide certain technical and professional services for grant administration of the Grant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Agreement between the East Central Intergovernmental Association and the City of Dubuque Iowa is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agree- ment on behalf of the City of Dubuque, Iowa. th Passed, approved, and adopted this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 27. Alcohol Compliance Civil Penalty for Alcohol License Holder – Eagle Country Market: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Eagle Country Market, 1800 Elm Street. Upon motion the documents were received, filed and approved. 28. Alcohol Compliance Civil Penalty for Alcohol License Holder – Fife's: City Man- ager recommending approval of the Acknowledgment/Settlement Agreement for an al- cohol compliance violation for Fife's, 1113 Main Street. Upon motion the documents were received, filed and approved. 9 29. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 251-15 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 251-15 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 ap- proved; 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: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Casey's General Store #2420 2699 Rockdale Rd. Class E Liquor, Class C Beer (Sunday) Casey's General Store #2421 4003 Peru Rd. Class E Liquor, Class C Beer (Sunday) House of China 170 JFK Rd. Class C Liquor (Sunday) Knickers Saloon 2186 Central Ave Class C liquor (Living Qrts.) (Outdoor) (Sunday) Vinny Vanucchis Little Italy 164 Main Street Class C Liquor, Class B Wine (Sunday) Walnut Tap 709 University Ave Class C Liquor (Sunday) New Club Synergy 1700 Central Ave Class C Liquor (Sunday) th Passed, approved and adopted this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10 ITEMS SET FOR PUBLIC HEARING Motion by Lynch 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 Connors. Motion carried 7-0. 1. NW Arterial Hike/Bike Trail Phases 4 & 5: City Manager recommending initiation of the public bidding procedure for the Iowa 32 Hike-Bike Trail-Phase 4 & 5 Project, and further recommends that a public hearing be set for August 3, 2015. Upon motion the documents were received and filed and Resolution No. 252-15 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the adver- tisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 3, 2015 in the Historic Federal Building. RESOLUTION NO. 252-15 IOWA 32 HIKE-BIKE TRAIL PHASE 4 AND 5 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: The proposed plans, specifications, form of contract and estimated cost for the Iowa 32 Hike-Bike Trail Phase 4 and 5 Project in the estimated amount $450,000.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. rd A public hearing will be held on the 3 day of August, 2015, at 6:30 p.m. in the His- th toric Federal Building Council Chambers (second floor) 350 W. 6 Street, Dubuque, Io- wa, 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 estimated cost of the Project. The Iowa 32 Hike-Bike Trail Phase 4 and 5 Project is hereby ordered to be adver- tised 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. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the th date for filing bids before 2:00 p.m. on the 6 day of August, 2015. Bids shall be opened 11 and read by the City Clerk at said time and will be submitted to the City Council for final th action at 6:30 p.m. on the 17 day of August, 2015, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. th Passed, adopted and approved this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Federal Building Lease with Iowa State University: City Manager recommending that a public hearing be set for August 3, 2015, on Lease Agreement between the City of Dubuque and the Iowa State University in the Historic Federal Building. Upon motion the documents were received and filed and Resolution No. 253-15 Resolution of Intent to dispose of an interest in real property owned by the City of Dubuque, Iowa by lease between the City and Iowa State University of Science and Technology was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 3, 2015 in the Historic Federal Building. RESOLUTION NO. 253-15 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE, IOWA BY LEASE BETWEEN THE CITY AND IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY Whereas, the City of Dubuque, Iowa (City) owns the real property described as the th Historic Federal Building, located at 350 West 6 Street in the City of Dubuque, Iowa; and Whereas, City and Iowa State University of Science and Technology have negotiated a proposed Lease Agreement for space in the Historic Federal Building, a copy of which th Lease Agreement is on file at the office of the City Clerk, City Hall, 13 and Central Av- enue, Dubuque, Iowa; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the proposed Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing- described real property by Lease Agreement between City and Iowa State University of Science and Technology. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing-described real property, to be rd held on the 3 day of August, 2015, at 6:30 o'clock p.m. at the Historic Federal Building, th Council Chambers, 350 W. 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Dubuque Industrial Center Economic Development District - Urban Renewal plan Amendment: City Manager recommending approval of a Resolution of Necessity that begins the process of amending the Urban Renewal Plan for the Dubuque Industrial 12 Center Economic Development District and set a public hearing on the proposed amendment for September 8, 2015. Upon motion the documents were received and filed and Resolution No. 254-15 Resolution of Necessity finding that certain areas adja- cent to the established Dubuque Industrial Center Economic Development District meet the definition of an Economic Development Area under the Urban Renewal Law, that development of said area is necessary in the interest of the residents of the City of Dubuque, Iowa and setting dates of hearing and consultation on a proposed amend- ment to the Amended and Restated Urban Renewal Plan for said District was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on September 8, 2015 in the Historic Federal Building. RESOLUTION NO. 254-15 A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE ESTABLISHED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOP- MENT DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT AR- EA UNDER THE URBAN RENEWAL LAW, THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBU- QUE, IOWA, AND SETTING DATES OF HEARING AND CONSULTATION ON A PROPOSED AMENDMENT TO THE AMENDED AND RESTATED URBAN RENEW- AL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 197- st 15, adopted June 1, 2015, approved the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Development District (the “District”) in order to provide redevelopment opportunities which will further economic development pur- poses and objectives as described in the Urban Renewal Plan; and Whereas, the City Council has found that the area adjacent to the District shown as Subarea G in Exhibit A attached hereto meets the definition of an economic develop- ment area as found in Chapter 403 of the Iowa Code and should be included therein; and Whereas, Subarea G is located within the corporate limits of the City of Dubuque; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the resi- dents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Subarea G described in Exhibit A attached hereto is an economic development area as defined by Iowa Code Chapter 403 and is appropriate for an ur- ban renewal project. Section 2. That the City Manager is authorized and directed to prepare an amend- ment to the Urban Renewal Plan for the Dubuque Industrial Center Economic Develop- ment District, such amendment to include Subarea G within the District and such other modifications to the property contained within the District as may be appropriate, and 13 setting forth the urban renewal projects that are currently expected to be undertaken in the District. Section 3. That the City Manager is further authorized to determine an appropriate date for and conduct the consultation process required by law with affected taxing enti- ties concerning the proposed amendment. Section 4. That the City Council hold a public hearing on the adoption of the pro- posed Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center th Economic Development District on September 8, 2015 at 6:30p.m. in the Historic Fed- th eral Building, 350 West 6 Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the area to be covered by the Amended and Restated Urban Renewal Plan and the scope of the urban renewal project activities planned for such ar- ea, and said notice shall be published and available to the public not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of pub- lic hearing shall be sent by ordinary mail to the affected taxing entities. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to the extent the amendment includes the use of tax increment revenues for a public build- ing, an analysis of alternative development and funding options for such public build- ings, to the Dubuque Community School District and the County Board of Supervisors, as the affected taxing entities. th Passed, approved and adopted this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments were made to the following Boards/Commissions. 1. Building Code Board of Appeals: One, 3-year term through August 1, 2018 (ex- pired term of Luchsinger). Applicant: Richard Luchsinger, 2875 Brueck Rd. Motion by Braig to appoint Richard Luchsinger to a 3-year term through August 1, 2018. Seconded by Resnick. Motion carried 7-0. 2. Housing Commission: One, 3-year term through August 1, 2018 (expired term of McDonell). Applicant: Robert McDonell, 4050 Peru Rd. Motion by Connors to appoint Robert McDonell to a 3-year term through August 1, 2018. Seconded by Lynch. Motion carried 7-0. 3. Housing Trust Fund Advisory Committee: One, 3-year term through August 1, 2018 (expired term of Hingtgen). Applicant: Doris Hingtgen, 309 Hill St. Motion by Braig to appoint Doris Hingtgen to a 3-year term through August 1, 2018. Seconded by Res- nick. Motion carried 7-0. 4. Library Board of Trustees: One, 4-Year term through July 1, 2019 (Vacant term of Boice). Applicant: Pat Maddux, 1685 Fox Dr. Upon Council concurrence, Mayor Buol appointed Pat Maddux to a 4-year term through July 1, 2019. 5. Transit Advisory Board: One, 3-year term through July 3, 2018 (expired term of Esser). Applicant: Matt Esser, 90 Main St. Apt 308. Motion by Lynch to appoint Matt Es- ser to a 3-year term through July 3, 2018. Seconded by Connors. Motion carried 7-0. 14 PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. th 1. Rezoning Request - 1500 Block of White Street (101 E. 15 Street): Proof of publi- cation on notice of public hearing to consider a request by Gronen Restoration to re- zone the 1500 Block of White Street from R-2A Alternate Two-Family Residential to Dis- trict to OC Office Commercial District and the Zoning Advisory Commission recom- mending approval. Motion by Jones to receive and file the documents and that the re- quirement 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. Se- conded by Lynch. Planning Services Manager Laura Carstens provided a staff report. Developer John Gronen, 1766 Plymouth Ct., provided a description of the project and addressed parking solutions and ADA compliance. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 44-15 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by th reclassifying hereinafter described property located at 101 E. 15 Street from R-2A Al- ternate Two-Family Residential District to OC Office Commercial District. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 44-15 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED TH PROPERTY LOCATED AT 101 E. 15 STREET FROM R-2A ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT TO OC OFFICE COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter–described property from R-2A Alternate Two-Family Residential District to OC Office Commercial District, to wit: City Lot 484 and 1584, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. th Passed, approved and adopted this 20 day of July, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 24 day of July, 2015. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone - 460/464 West Locust Street: Proof of publication on notice of public hearing to consider a request by Louis Mihalakis/ACE Construction, to rezone 15 property located at 460-464 West Locust Street from C-1 Neighborhood Commercial District to C-3 General Commercial District and the Zoning Advisory Commission rec- ommending denial. Motion by Braig to receive and file the documents and concur with the denial. Seconded by Jones. Developer Louis Mihalakis, 1212 Miller Rd., spoke in favor of the request and described plans for use of the buildings. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. st 3. Text Amendment - Residential Freestanding Solar Arrays (1 Reading): Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend the Unified Development Code to establish procedures for the review of new freestanding solar arrays and the Zoning Advisory Commission recommending approv- al. Motion by Connors 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 Jones. Mo- tion failed 5-2 with Lynch and Sutton voting nay. Planning Services Manager Laura Car- stens and Assistant Planner Kyle Kritz provided a staff report and responded to ques- tions from the City Council regarding square footage, dimensions, exceptions and con- ditional use permit processes. Tim Mueller, 2901 Hillcrest Rd., spoke in opposition to the request and provided several slides of solar arrays citing restrictions in square foot- age, proportion, dimensions and energy needs. Bob Renne, 1950 Avalon Rd., spoke in opposition to solar arrays and cited information on health issues, environmental impacts and restricted development. Rita Cotrell, 918 Rhomberg, spoke in opposition to solar arrays citing related health issues and proximity to public parks. Connors moved first reading of the proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Amending Articles 16- 5-2-2 (R-1), 16-5-3-2 (R-2) 16-5-4.3 (R-2A), 16-5-5.3 (R-3) and 16-5-6.3 (R-4), 16-5-7.3 (OR) and 16-5-9.3 (OC) to establish maximum area and height requirements for resi- dential freestanding solar arrays. Seconded by Braig. Motion carried 5-2 with Lynch and Sutton voting nay. 4. Southwest Arterial / English Mill Road Reconstruction Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of con- tract, and estimated cost for the SW Arterial / English Mill Road Reconstruction Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 255-15 Approval of plans, specifications, form of contract, and estimated cost for the Southwest Arterial - English Mill Road Recon- struction Project. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 255-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE SOUTHWEST ARTERIAL - ENGLISH MILL ROAD RECON- STRUCTION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 16 That the proposed plans, specifications, form of contract and estimated cost for the Southwest Arterial - English Mill Road Reconstruction Project, in the estimated amount $4,824,850.00, are hereby approved. th Passed, adopted and approved this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. SRF Green Alley Project Bid Set 2 - Year 3 Award: City Manager recommending award of the construction contract for the SRF Green Alley Project Bid Set 2 - Year 3 to the low bidder Drew Cook and Sons Excavating. Motion by Connors to receive and file the documents and adopt Resolution No. 256-15 Awarding public improvement contract for the SRF Green alley Bid Set 2 - Year 3 Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 256-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY BID SET 2 – YEAR 3 PROJECT Whereas, sealed proposals have been submitted by contractors for the SRF Green Alley Bid Set 2 – Year 3 Project (the Project) pursuant to Resolution No. 189-15 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on th the 5 day of June, 2015. th Whereas, said sealed proposals were opened and read on the 9 day of July, 2015, and it has been determined that Drew Cook and Sons Excavating of Dubuque, Iowa, with a bid in the amount of $1,599,875.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Drew Cook and Sons Excavating and the City Manager is hereby directed to execute a Public Im- provement Contract on behalf of the City of Dubuque for the Project. th Passed, approved and adopted this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. 2015 Bridge Repairs and Maintenance Project Bid Rejection: City Manager rec- ommending rejection of the single bid proposal received for the 2015 Bridge Repairs and Maintenance Project due to a lack of competitive bids and insufficient funding to proceed with the construction improvements as proposed. Motion by Lynch to receive and file the documents and adopt Resolution No. 257-15 Rejecting competitive bid pro- posal received for the 2015 Bridge Repairs and Maintenance Project. Seconded by Braig. Responding to questions from the City Council, City Engineer Gus Psihoyos stat- ed that re-bidding the project in January 2016 might produce more favorable bids from 17 multiple contractors currently unavailable with other projects and who would otherwise bid on a project of this scale. Motion carried 7-0. RESOLUTION NO. 257-15 REJECTING COMPETITIVE BID PROPOSAL RECEIVED FOR THE 2015 BRIDGE REPAIRS AND MAINTENANCE PROJECT Whereas, one (1) competitive sealed bid proposal was submitted by one (1) contrac- tor for the 2015 Bridge Repairs and Maintenance Project (the Project) pursuant to Reso- lution No. 211-15 and Notice to Bidders published in a newspaper published in the City th of Dubuque, Iowa on the 19 day of June, 2015; and Whereas, the one (1) competitive sealed bid proposal was opened and read on the th 9 day of July, 2015; and Whereas, the City Council has deemed it advisable to reject the one (1) competitive sealed bid proposal for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The one (1) competitive sealed bid proposal for the 2015 Bridge Repairs and Maintenance Project is hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposit of the unsuccessful bidders for the 2015 Bridge Repairs and Maintenance Project. th Passed, approved and adopted this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Property Acquisition - McFadden Properties, LLP: City Manager recommending approval of the Offer to Buy Real Estate and Acceptance on behalf of McFadden Prop- erties LLP. Motion by Jones to receive and file the documents and adopt Resolution No. 258-15 Approving an Offer to Buy and Acceptance for the acquisition of real estate owned by McFadden Properties, LLP in Dubuque County, Iowa. Seconded by Lynch. Motion carried 6-1 with Resnick voting nay. RESOLUTION NO. 258-15 APPROVING AN OFFER TO BUY AND ACCEPTANCE FOR THE ACQUISITION OF REAL ESTATE OWNED BY MCFADDEN PROPERTIES LLP IN DUBUQUE COUN- TY, IOWA Whereas, McFadden Properties LLP is the owner of the following real property (the Property): ALL THAT PART OF THE NW 1/4 OF THE SW 1/4 OF SECTION 29, T89N, R2E OF THE 5TH P.M. LYING NORTH OF THE NORTHERLY RIGHT OF WAY LINE OF CHAVENELLE RD. AS SHOWN ON ACQUISITION PLAT RECORDED AS INSTRUMENT NO. 1965-02 IN THE DUBUQUE COUNTY RECORDER'S OF- FICE; and Whereas, the City Manager has tentatively agreed to purchase the Property from McFadden Properties LLP, subject to the approval of an Offer to Buy Real Estate and Acceptance between the City of Dubuque and McFadden Properties LLP, by the City Council; and 18 Whereas, the City Council has determined that it would be in the best interests of the City to approve the purchase of the Property from McFadden Properties LLP. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Offer to Buy and Acceptance at- tached hereto. Section 2. The City Manager and City Attorney are authorized to take such further ac- tion as is required to complete the purchase of the Property. th Passed, approved and adopted this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. 2016-2020 Consolidated Plan for Housing and Community Development: City Manager recommending adoption of the FY 2016-2020 Consolidated Plan, the FY 2016 Annual Action Plan and the Analysis of Impediment to Fair Housing. Motion by Braig to receive and file the documents and adopt Resolution No. 259-15 Adopting the FY 2016- 2020 Consolidated Plan for Housing and Community Development; authorizing the Mayor to execute said Plan and all necessary certifications; designating the City Man- ager as the authorized Chief Executive Officer for the Consolidated Plan; and directing that said Plan be submitted to the U.S. Department of Housing and Urban Develop- ment. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 259-15 ADOPTING THE FY 2016-2020 CONSOLIDATED PLAN FOR HOUSING AND COM- MUNITY DEVELOMENT; AUTHORIZING THE MAYOR TO EXECUTE SAID PLAN AND ALL NECESSARY CERTIFICATIONS; DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN; AND DIRECTING THAT SAID PLAN BE SUBMTITED TO THE U.S. DE- PARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, the U.S. Department of Housing and Urban Development requires each entitlement city to submit a Consolidated Plan for Housing and Community Develop- ment, including the proposed use of its Community Development Block Grant funds at least 45 days prior to its program year; and Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Consolidated Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft FY 2016-2020 Consolidated Plan (Program Year 2015- 2019) for Housing and Community Development have been available for public com- ment 30 days prior to City Council action; and Whereas, the Housing Commission and Long Range Planning Commission have re- viewed and recommended adoption of the Plan; and Whereas, City Council has held a public hearing on the FY 2016 Annual Action Plan, the first year of the FY 2016-2020 Consolidated Plan (Program Year 2015-2019) for Housing and Community Development on February 10, 2015; and 19 Whereas, the Community Development Advisory Commission has held a public hear- ing on the proposed plan on April 15, 2015 and approved the FY 2016-2020 Consoli- dated Plan (Program Year 2015-2019) for Housing and Community Development; and Whereas, the U. S. Department of Housing & Urban Development Office of Commu- nity Planning and Development has reviewed and accepted the FY 2016-2020 Consoli- dated Plan and FY 2016 Annual Action Plan; and Whereas, in accordance with the Voluntary Compliance Agreement between the City of Dubuque and the U.S. Department of Housing & Urban Development, the City of Dubuque has provided the U.S. Department of Fair Housing and Equal Opportunity forty five days to review the Annual Action Plan and 2016-2020 Consolidated Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque FY 2016-2020 Consolidated Plan (Program Year 2015-2019) for Housing and Community Development be and the same is hereby ap- proved and adopted. Section 2. That the City Council authorizes the Mayor to sign the document on behalf of the City of Dubuque, Iowa; directs the Mayor to provide all the necessary certifica- tions required by the U.S. Department of Housing and Urban Development; designates the City Manager as the authorized Chief Executive Officer for said Consolidated Plan; and further directs the City Manager to submit said Consolidated Plan to the U.S. De- partment of Housing and Urban Development. th Passed, approved and adopted this 20 day of July, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Code of Ordinances Amendment - Title 8 Human Rights Commission: City Man- ager recommending approval of an ordinance which creates a new Title 8, Chapter 2 which establishes the Human Rights Commission and provides for the powers, opera- tion, membership and meetings. 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 Lynch. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 45-15 Amend- ing City of Dubuque Code of Ordinances Title 8 Human Rights by repealing Chapter 2 Human Rights Commission and adopting a new Chapter 2 Human Rights Commission in lieu thereof Establishing the Human Rights Commission and Providing for the Pow- ers, Operation, Membership, and Meetings. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 45-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN RIGHTS BY REPEALING CHAPTER 2 HUMAN RIGHTS COMMISSION AND ADOPTING A NEW CHAPTER 2 HUMAN RIGHTS COMMISSION IN LIEU THEREOF ESTABLISH- ING THE HUMAN RIGHTS COMMISSION AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 8, Chapter 2 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: Chapter 2 HUMAN RIGHTS COMMISSION 8-2-1: Commission Created: There is hereby created the Human Rights Commission. 8-2-2: Purpose: The purpose of the commission is to hold hearings, compel the pro- duction of evidence, and determine the merits of complaints alleging unfair or discrimi- natory practices in housing, employment, education, credit, or places of public accom- modation; to investigate and study the existence, character, causes, and extent of dis- crimination and to attempt to eliminate discrimination by educating the public and pro- moting human rights in the community; and to take action in the community to promote civil and respectful behavior and to eliminate discrimination based on age, race, creed, color, sex, national origin, religion, ancestry, disability, marital status, familial status, sexual orientation, or gender identity. 8-2-3: Internal Organization and Rules: The commission may adopt rules and regula- tions to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. 8-2-4: Procedures for Operation: All administrative, personnel, accounting, budget- ary, and procurement policies of the city govern the commission in all its operations. 8-2-5: Membership: A. The commission comprises nine (9) residents of the city, appointed by the city council from various racial, religious, cultural, and social groups within the city. B. Residents must be eighteen (18) years of age or older. C. Membership on the commission must comply with the provisions of Iowa Code §69.16A, relating to gender balance. No person can be appointed or reappointed to the commission if that appointment or reappointment would cause the number of members of one gender to be greater than one-half (½) of the membership of the commission plus one (1). If the city has made a good faith effort to appoint a qualified person to fill a vacancy on the commission for a period of three (3) months but has been unable to make a compliant appointment, the city must uti- lize a fair and unbiased method of selecting the best qualified applicants. 8-2-6: Oath: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the ap- pointment or reappointment or at the city clerk’s office any time prior to the first meeting of the commission. 8-2-7: Terms: The term of office for commissioners is three (3) years or until such commissioner’s successor is appointed and qualified. 8-2-8: Vacancies: Vacancies must be filled in the same manner as original appoint- ments. 8-2-9: Officers/Organization: The commissioners must choose annually a chairperson and vice-chairperson, each to serve a term of one (1) year. The chairperson must ap- point a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer’s unexpired term. 21 8-2-10: MEETINGS: A. Regular Meetings. The commission must meet monthly. B. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. D. Attendance. 1. In the event a commissioner has been absent for three (3) or more consecu- tive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes. A copy of the minutes of all regular and special meetings of the com- mission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is lat- er. F. Quorum. Five (5) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and vot- ing is necessary for the adoption of any motion or resolution. 8-2-11: Compensation: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on offi- cial commission business within the limits established in the city administrative policies and budget. 8-2-12: Removal: The city council may remove any commissioner for cause upon written charges and after public hearing. 8-2-13: Powers: The commission has the following powers, duties, and responsibili- ties: A. To receive, investigate, and finally determine the merits of complaints alleging unfair or discriminatory practices. B. To investigate and study the existence, character, causes, and extent of dis- crimination in public accommodations, employment, apprenticeship programs, on- the-job training programs, vocational schools, other educational institutions, and housing in the city and to attempt the elimination of such discrimination by educa- tion and conciliation. C. To hold hearings upon any complaint made against a person, an employer, an employment agency, a labor organization, or the employees or members thereof, to subpoena witnesses and compel their attendance at such hearings, to adminis- ter oaths and take the testimony of any person under oath and to compel such person, employer, employment agency, labor organization, or employees or mem- bers thereof, to produce for examination any books and papers relating to any matter involved in such complaint. The commission will issue subpoenas for wit- nesses in the same manner and for the same purpose on behalf of the respondent upon the respondent’s request. Such hearings may be held by the commission, by any commissioner, or by any hearing examiner appointed by the commission. If a witness either fails or refuses to obey a subpoena issued by the commission, the commission may petition the district court having jurisdiction for issuance of a sub- 22 poena and the court must, in a proper case, issue the subpoena. Refusal to obey such subpoena is subject to punishment for contempt. D. To issue such publication and reports of investigations and research as in the judgment of the commission to promote civil and respectful behavior which tends to eliminate discrimination. E. To prepare and transmit to the mayor and city council from time to time, but not less often than once each year, reports describing its proceedings, investigations, hearings conducted, and the outcome thereof, decisions rendered, and the other work performed by the commission. F. To make recommendations to the city council concerning discrimination. G. To cooperate, within the limits of any appropriations made for its operation, with other agencies or organizations, both public and private, whose purposes are con- sistent with those of this Chapter, in the planning and conducting of programs de- signed to eliminate discrimination or cultural and intergroup tensions. H. To adopt, publish, amend, and rescind regulations consistent with and neces- sary for the enforcement of this Chapter. I. To delegate any of its functions, duties, and powers to its staff including func- tions, duties, and powers with respect to investigating, conciliating, determining, certifying, reporting, or otherwise acting as to any work, business, or matter under this Title. J. To receive, administer, dispense, and account for any restricted funds that may be voluntarily contributed to the commission and any grants that may be awarded the commission for furthering the purposes of this Title. No disbursements will be made of any restricted funds without authority from the city council. 8-2-14: RECORDS TO BE PUBLIC; EXCEPTIONS: All records of the commission are public except charges, complaints, reports of investigations, statements, and other documents or records obtained in investigation of any charges. 8-2-15: CONFIDENTIALITY OF COMPLAINTS: No member of the commission or its staff will disclose the filing of a charge, the information gathered during the investigation, or the endeavors to eliminate such discriminatory or unfair practice by conference, con- ciliation, or persuasion unless such disclosure is made in connection with the conduct of such investigation or after the commission has held a public hearing upon a complaint filed in connection with such charge. This Section does not prevent any complainant, witness, or other person from publicizing the filing of a charge or complaint or the matter therein complained of. 8-2-16: SUBPOENAS: The commission may issue subpoenas and order discovery in aid of investigations under this Title. Such subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would apply for county attorney subpoenas. Section 2. Nothing herein effects the term of any person serving as a commissioner as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. th Passed, approved and adopted this 20 day of July, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 24 day of July, 2015. 23 /s/Kevin S. Firnstahl, City Clerk There being no further business, upon motion the City Council adjourned at 8:27 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 24