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8 3 15 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on August 3, 2015 in the Historic Federal Building, 350 W. 6th 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) Health Center Week (August 9-15, 2015) was accepted by Dr. Daniel Branson, DDS, of the Crescent Community Health Center, 1789 Elm St. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Council Member Connors requested #4 (Teri Goodmann Named Wonder Women - Heroines of Dubuque by Girl Scouts of Eastern Iowa and Western Illinois) be held for separate discussion. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 7/20; Civil Service Commission of 7/14 (2); Community Development Advisory Commission of 7/15; In- vestment Oversight Advisory Commission of 7/22; Library Board of Trustees of 7/1, 7/16; Park and Recreation Advisory Commission of 7/14; Sister City Relationships Advi- sory Commission of 7/15; Proof of publication for City Council Proceedings of 7/6; Proof of publication for List of Claims and Summary of Revenues for Month Ending 6/30. Up- on motion the documents were received and filed. 2. Notice of Claims and Suits: Cindy Bartolotta for vehicle damage, Joseph Maloney for vehicle damage, William Pline for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Cindy Bartolotta for vehicle damage; William Pline for vehicle damage. Upon motion the documents were received, filed and concurred. 1 4. Teri Goodmann Named Wonder Women - Heroines of Dubuque by Girl Scouts of Eastern Iowa and Western Illinois: Correspondence from the Girl Scouts of Eastern Io- wa and Western Illinois honoring Assistant City Manager Teri Goodmann with the Won- der Women - Heroines of Dubuque Award. Motion by Connors to receive and file. Se- conded by Jones. Connors congratulated Ms. Goodmann. Motion carried 7-0. 5. White House Climate Action Champion Technical Assistance Request: City Man- ager recommending approval of a technical assistance application with the Department of Energy as a White House Climate Action Champion. Upon motion the documents were received, filed and approved. 6. Community Development Block Grant (CDBG) FY16 Annual Action Plan Amend- ment 1: City Manager recommending approval of the Fiscal Year 2016 (Program Year 2015) Annual Action Plan -Amendment 1 for the Community Development Block Grant (CDBG) Program. Upon motion the documents were received and filed and Resolution No. 260-15 Approving Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 1 for Community Development Block Grant (CDBG) funds was adopted. RESOLUTION NO. 260-15 RESOLUTION APPROVING FISCAL YEAR 2016 (PROGRAM YEAR 2015) ANNUAL ACTION PLAN AMENDMENT 1 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Years 2016; and Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocat- ing funds between existing activities; and Whereas, said amendment is a non -substantial amendment as provided in the City's Citizen Participation Plan and therefore must be approved by resolution of the City Council after approval by the Community Development Advisory Commission; and Whereas, the Community Development Advisory Commission held a public meeting on July 15, 2015; and Whereas, the Community Development Advisory Commission reviewed said amendment on July 15, 2015 and voted to approve said amendment and recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plan for Fiscal Year 2016 is hereby amended to re- allocate funds to Purchase of Services Grant Activities as described in the Fiscal Year 2016 (Program Year 2015) Annual Action Plan — Amendment 1, attached hereto as Ex- hibit A. Section 2. That said Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 1 attached hereto as Exhibit A is hereby approved. Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and amendment to the U.S. Department of Housing and Urban Devel- opment. Passed, approved and adopted this 3rd day of July, 2015 2 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. REAP Annual Plan Update and Grant Application for Fiscal Year 2016: City Man- ager recommending approval of the City of Dubuque's update of the Fiscal Year 2016 Dubuque County REAP Plan, as well as the resolution and the Fiscal Year 2016 REAP grant application for the Eagle Point Park Environmental Restoration Project. Upon mo- tion the documents were received and filed and Resolution No. 261-15 Authorizing Reap Grant Application to Iowa Department of Natural Resources for Eagle Point Park Environmental Restoration Project was adopted. RESOLUTION NO. 261-15 RESOLUTION AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPART- MENT OF NATURAL RESOURCES FOR EAGLE POINT PARK ENVIRONMENTAL RESTORATION PROJECT Whereas, the Iowa Department of Natural Resources has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for plans for improvements that enhance the restoration or expansion of Iowa's natural resources of parks; and Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that in- cludes goals for park improvements and environmental restoration. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manag- er is hereby authorized to submit an application to the Iowa Department of Natural Re- sources for REAP funds for Eagle Point Park Environmental Restoration Project. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 3rd day of August, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. University of Dubuque No Parking District: City Manager transmitting information related to the University of Dubuque No Parking District as it relates to residents on Bennett Street who contributed to the public input session at the July 6, 2015 City Council meeting. Upon motion the documents were received and filed. 9. Iowa Economic Development Authority Solar Ready Award: City Manager recom- mending approval of an extension of the Iowa Economic Development Authority Solar Ready award contract. Upon motion the documents were received, filed and approved. 10. Cedar Ridge Farm Place No. 7 Storm and Sanitary Sewer Improvements Ac- ceptance: City Manager recommending acceptance of the public improvements that the developers, Nemmers Cedar Ridge Farm Limited Partnership, have recently completed in Cedar Ridge Farm Place No. 7. (Cedar Cross Rd./Cedar Crest Ct.) Upon motion the documents were received and filed and Resolution No. 262-15 Accepting public im- 3 provements in Cedar Ridge Farm Place No. 7 in the City of Dubuque, Iowa, was adopt- ed. RESOLUTION NO. 262-15 ACCEPTING PUBLIC IMPROVEMENTS IN CEDAR RIDGE FARM PLACE NO. 7 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Sanitary and Storm Sewer Construction Agreement dated Jan- uary 26, 2015, certain public improvements including storm sewer and sanitary sewer, were installed by the developer of Cedar Ridge Farm Place No. 7 in the City of Dubu- que, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Cedar Ridge Farm Place No. 7 be and the same is hereby ac- cepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, Nemmers Cedar Ridge Farm Limited Partnership, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 3rd day of August, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. City and ESI Employer Participation Agreement: City Manager recommending approval of an Employer Participation Agreement between the City of Dubuque and Ex- press Scripts, Inc., for the period January 1, 2015 to December 31, 2015. Upon motion the documents were received, filed and approved. 12. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Water Engineering Assistant. Upon motion the document was re- ceived, filed and made a Matter of Record. July 14, 2015 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Water Engineering Assistant was administered on June 23, 2015. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. Water Engineering Assistant 1. Carl Plumley 2. Kerry Leppert 4 3. Alec Leytem 4. Tara Verdia 5. Chad Uhlenhake 6. Tina Timmerman 7. Bryan Fitting 8. Tyler Hyde Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 13. City Assessors Office - Notification of Tax Appeals: Correspondence from City Assessor Rick Engelken advising the City of 10 property tax appeals from the Dubuque City Board of Review for 2015. Upon motion the documents were received and filed. 14. Quarterly Investment Report: City Manager transmitting the June 30, 2015 Quar- terly Investment Report. Upon motion the documents were received and filed. 15. Mystique Casino Repairs, Sealcoat & Restripe Parking Lot Project: Dubuque Racing Association President and CEO Jesus Aviles requesting approval to complete the Mystique Casino Repairs, Sealcoat & Restripe Parking Lot Project using Deprecia- tion and Improvement Funds. Upon motion the documents were received, filed and ap- proved. 16. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew Cook & Son's Excavating, Inc., for the Lowell St. Reconstruction Project; SELCO, Inc., for the 2015 Pavement Marking Project. Upon motion the documents were received, filed and approved. 17. Alcohol Compliance Civil Penalty for Alcohol License Holder — Diamond Jo Casi- no: City Manager recommending approval of the Acknowledgment/Settlement Agree- ment for an alcohol compliance violation for the Diamond Jo Casino, 301 Bell Street. Upon motion the documents were received, filed and approved. 18. Alcohol License Renewals: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 263-15 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. 263-15 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 5 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: Renewal Bell Tower Productions Corner Grill Holy Spirit Church Hy -Vee #1 Market Cafe Kwik Stop Food Mart Shannon's Bar & Grill The Lift National Mississippi River Museum & Aquarium West Dubuque Tap Special Event Camp Albrecht Acres of the Midwest AY McDonald Park Special Class C Liquor (Outdoor) Passed, approved and adopted this 3rd day of August, 2015. Roy D. Buol, Mayor 2728 Asbury Rd. 1689 Elm St. 2981 Central Ave 3500 Dodge St. 2255 Kerper Blvd. 521 E 22nd St 180 Main St 350 East 3rd St. 1701 Asbury Class C Liquor (Sunday) Class C Liquor (Outdoor) Class C Beer, Class B Native Wine (Sunday) Class C Liquor (Sunday) Class C Beer, Class B Native Wine, (Sunday) Class C Liquor (Sunday) Class C Liquor (Sunday) Class C Liquor (Sunday) Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING 1. Burlington Trailways Lease Agreement: City Manager recommending that a public hearing be set for August 17, 2015 to approve a lease agreement with Burlington Trail- ways at the Intermodal Transit Facility. Upon motion the documents were received and filed and Resolution No. 264-15 Setting a public hearing on the disposition of an interest in property owned by the City of Dubuque, Iowa by Lease Agreement to Burlington Stage Lines, LTD, was adopted setting a public hearing to commence at 6:30 p.m. on August 17, 2015 in the Historic Federal Building. RESOLUTION NO. 264-15 6 SETTING A PUBLIC HEARING ON THE DISPOSITION OF AN INTEREST IN PROP- ERTY OWNED BY THE CITY OF DUBUQUE, IOWA BY LEASE AGREEMENT TO BURLINGTON STAGE LINES, LTD Whereas, the City of Dubuque, Iowa (City) owns the real property described as the Intermodal Transportation Center, located at 950 Elm Street in the City of Dubuque, Io- wa; and Whereas, City and Burlington Stage Lines, LTD have negotiated a proposed Lease Agreement for space in the Intermodal Transportation Center, a copy of which Lease Agreement is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, 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. That the City of Dubuque sets a public hearing on the Lease Agreement with Burlington State Lines LTD for the 17th day of August, 2015 at 6:30 p.m. in the City Council Chamber, Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 3rd day of August, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Sale of Property - Weaver Castle, LLC / 396 W. Locust Street: City Manager rec- ommending that a public hearing be set for August 17, 2015, on the sale of 396 W. Lo- cust Street to Weaver Castle LLC. Upon motion the documents were received and filed and Resolution No. 265-15 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publica- tion of notice thereof was adopted setting a public hearing to commence at 6:30 p.m. on August 17, 2015 in the Historic Federal Building. RESOLUTION NO. 265-15 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLI- CATION OF NOTICE THEREOF Whereas, the City of Dubuque has obtained certain real property in connection with the C.H.A.N.G.E. Program; and Whereas, such rehabilitation will be completed in accordance with State Historic Tax Credit Program guidelines and specifications; and Whereas, the City of Dubuque has received an offer to purchase this certain real property from Weaver Castle LLC; and Whereas, by accepting this offer to purchase, the City of Dubuque's objectives of in- creased tax base of single family properties and rehabilitation of vacant homes are fur- ther realized; and Whereas, Weaver Castle LLC has agreed to sign the Restrictive Covenant Agree- ment that states the property must remain a single family home, either owner -occupied or rental for 21 years. 7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1.That the City of Dubuque, Iowa, intends to dispose of its interest in the fol- lowing legally described property: Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of Out Lots 667, 668, and 669 to Dubuque, in the City of Dubuque, Iowa, according to the rec- orded plat thereof, together with and subject to all easements and agreements of record. Property deeded herein is taken in "as is" condition with no guarantees or warranties expressed or implied as to habitability or merchantability. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the Property to Weaver Castle LLC for the sum of $37,180.00, plus providing them with a $20,000 10 year forgivable loan. Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu- tion 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 Property to be held on the 17th day of Au- gust, 2015, at 6:30 o'clock p.m. at the Historical Federal building, 350 West 6th Street, Dubuque, Iowa. Passed, approved, and adopted this 3rd day of August, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Review of applications to the following Boards/Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Cable Television Commission: One, 3 -year term through July 1, 2017 (Vacant term of Stevens). Applicant: Mark Dolson, 54 Alpine St. 2. Long Range Planning Advisory Commission: One, 3 -year term through July 1, 2017 (Vacant term of Beytien). Applicant: Mark Dolson, 54 Alpine St. Mr. Dolson spoke in support of his appointment to either commission citing a prefer- ence for the Long Range Planning Commission. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. 1. SRF Green Alley Project Bid Set 3 - Year 3: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the SRF Green alley Bid Set 3 - Year 3 Project and the City Manager recom- mending approval. Motion by Jones to receive and file Resolution No. 266-15 Approval of plans, specifications, form of contract, and estimated cost for the SRF Green alley Bid Set 3 - Year 3 Project; Resolution No. 267-15 Resolution with Respect to the Adop- tion of the Resolution of Necessity proposed for the SRF Green Alley Bid Set 3 - Year 3 Project; and Resolution No. 268-15 Approving the Schedule of Assessments and esti- 8 mate of total cost for the SRF Green alley Bid Set 3 - Year 3 Project. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 266-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE SRF GREEN ALLEY BID SET 3 — YEAR 3 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the SRF Green Alley Bid Set 3 — Year 3 Project, in the estimated amount $1,069,628.50, are hereby approved. Passed, adopted and approved this 3rd day of August, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 267-15 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE- CESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 3 — YEAR 3 PRO- JECT Whereas, the City Council has proposed a Resolution of Necessity for the SRF Green Alley Bid Set 3 — Year 3 Project and has given notice of the public hearing there- on as required by law; and Whereas, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and Whereas, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed Resolution of Necessity described above is hereby: Adopted, without amendment, and all objections filed or made having been duly con- sidered are overruled. Passed, adopted and approved this 3rd day of August, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 268-15 APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 3 — YEAR 3 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached plat, schedule of assessments, and estimate of total cost for the SRF Green Alley Bid Set 3 — Year 3 Project are hereby approved. Passed, approved and adopted this 3rd day of August, 2015. Attest: Kevin S. Firnstahl, City Clerk 9 Roy D. Buol, Mayor 2. NW Arterial Hike/Bike Trail Phase 4 & 5: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the NW Arterial Hike/Bike Trail Phases 4 & 5 Project and the City Manager rec- ommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 269-15 Approval of plans, specifications, form of contract, and estimated costs for the Iowa 32 Hike/Bike Train - Phases 4 & 5 Project. Seconded by Lynch. City Manager Van Milligen reported after the fact that funding was approved through the Capital Improvement Project budget process from the sales tax portion of the general fund. Motion carried 7-0. RESOLUTION NO. 269-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE IOWA 32 HIKE -BIKE TRAIL - PHASE 4 & 5 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Iowa 32 Hike -Bike Trail - Phase 4 & 5 Project, in the estimated amount $389,450.00, are hereby approved. Passed, adopted and approved this 3rd day of August, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Federal Building Lease with Iowa State University: Proof of Publication on notice of public hearing to consider a Lease Agreement between the City of Dubuque and the Iowa State University in the Historic Federal Building and the City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 270-15 Approving the disposal of an interest in real property owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Iowa State University of Sci- ence and Technology. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 270-15 APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND IOWA STATE UNIVERSITY OF SCIENCE AND TECHNOLOGY Whereas, the City of Dubuque, Iowa (City) owns the real property described as the Historic Federal Building, located at 350 West 6th Street in the City of Dubuque, Iowa; and Whereas, City and Iowa State University of Science and Technology have negotiated a Lease Agreement for space in the Historic Federal Building, a copy of which Lease Agreement is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and Whereas, on August 3, 2015, the City Council pursuant to notice published as re- quired by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. 10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between City and Iowa State University of Science and Technology is hereby approved and the City Manager is authorized to execute said Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 3rd day of August, 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. Southwest Arterial/English Mill Road Reconstruction Project Award: City Manager recommending award of the construction contract to the low bidder Taylor Construction, Inc., subject to Iowa Department of Transportation approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 271-15 Awarding public improvement contract for the Southwest Arterial Project English Mill Road Reconstruction - Grading, Bridge & Paving Project Iowa DOT Project No. HDP -2100 (657)--71-31. Seconded by Connors. Responding to questions from the City Council, Assistant City Engineer Bob Schiesl stated that the project is done according to state standards because of the use of federal funding; and that should the City ever annex the property, upgrading to City standards could be done with minimal throw -away costs. Motion carried 7-0. RESOLUTION NO. 271-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SOUTHWEST ARTE- RIAL PROJECT ENGLISH MILL ROAD RECONSTRUCTION - GRADING, BRIDGE & PAVING PROJECT IOWA DOT PROJECT NO. HDP -2100 (657)--71-31 Whereas, said sealed proposals were opened and read by the Iowa Department of Transportation on the 21 st day of July, 215 and it has been determined that Taylor Con- struction, Inc. of New Vienna, Iowa, with a bid in the amount of $3,536,064.29 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 Taylor Con- struction, Inc., subject to the concurrence by Iowa Department of Transportation, and the City Manager is hereby directed to execute a Public Improvement Contract on be- half of the City of Dubuque for the Project. Passed, approved and adopted this 3rd day of August, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Text Amendment - Residential Freestanding Solar Arrays (2nd Reading): Request by the City of Dubuque to amend the Unified Development Code to establish proce- dures for the review of new freestanding solar arrays and the Zoning Advisory Commis- sion recommending approval. Planning Services Manager transmitting additional infor- 11 mation. 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 Resnick. Planning Services Laura Carstens and Assistant Planner Kyle Kritz addressed ques- tions from the City Council regarding consideration of the option of using a ratio be- tween the lot and array sizes and the Zoning Board of Adjustment's appeal process that uses the criteria outlined in the Code of Ordinances. Motion failed 5-2 with Connors and Lynch voting nay. Jones moved seconded reading of a 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 res- idential freestanding solar arrays. Seconded by Resnick. Motion carried 6-1 with Lynch voting nay. 3. Code of Ordinances Amendment - Titles 14 & 16 Southwest Arterial Moratorium Extensions: City Manager recommending approval of four ordinances which extend the moratoriums for the construction, rezoning, subdivision review, and site plan approval in the Southwest Arterial Corridor and the East/West Corridor Study Areas for an addition- al 12 months. Motion by Jones to receive and file the documents and that the require- ment 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 Braig. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 46-15 Amend- ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construc- tion or Other Work on Certain Streets, Areas, or Facilities by Extending the Moratorium; Ordinance No. 47-15 Amending the City of Dubuque Code of Ordinances Title 16 Uni- fied Development Code Chapter 13 Site Design Standards, Section 16-13-2 Applicabil- ity by Extending the Moratorium; Ordinance No. 48-15 Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code Chapter 9 Zoning Advisory Commis- sion Applications and Procedures, Section 16-9-5-3 City Council Action by Extending the Moratorium; and Ordinance No. 49-15 Amending Dubuque Code of Ordinances, Ti- tle 16 Unified Development Code, Chapter 11 Land Subdivision, Section 16-11-2 Ap- plicability by Amending the Moratorium. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 46-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOVING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS, OR FACILITIES BY EXTENDING THE MORATORIU M NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 12 Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read as follows: Section 14-2-4: Moratorium for Construction or Other Work on Certain Streets, Areas or Facilities: A. Southwest Arterial Corridor: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building or sign in the southwest arterial corridor, but not to include demolition, as delineated on drawings on file in the city clerk's office, from the ef- fective date hereof to July 1, 2016, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. B. East-West Corridor Study Area: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the east -west corridor study area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs without the approval of the city council, from the effective date hereof to August 20, 2016, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. C. Highway 20 Corridor Study Area: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the Highway 20 corridor study area as shown on the map on file in the office of the City Clerk, but not to include demolition or emergency repairs, without the approval of the city council, from the effective date of August 20, 2016, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This ordinance shall take effect upon publication Passed, approved and adopted this 3rd day of August, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of August, 2015. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 47-15 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16-13- 2 APPLICABILITY BY EXTENDING THE MORATORIUM NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 16-13-2 is amended to read as follows: Section 16-13-2: Applicability: E. Moratorium for Site Plans in the Southwest Arterial Corridor: The city planner may not issue conditional or final approval for any site plan filed for property in the southwest arterial corridor that lies within the corporate limits of the city of Dubuque, as delineated on drawings on file in the city clerk's office, from the ef- 13 fective date hereof to July 1, 2016, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Section 2. This ordinance takes effect upon publication. Passed, approved and adopted this 3rd day of August, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of August, 2015. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 48-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE CHAPTER 9 ZONING ADVISORY COMMISSION APPLICA- TIONS AND PROCEDURES, SECTION 16-9-5-3 CITY COUNCIL ACTION BY EX- TENDING THE MORATORIUM 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 Section 16-9-5-3 is amended to read as follows: Section 16-9-5-3: City Council Action: D. Moratorium for Rezonings in the Southwest Arterial Corridor: The city council may not give final approval to any zoning reclassification (rezoning) request for property in the southwest arterial corridor that lies within the corporate limits of the city of Dubuque, as delineated on drawings on file in the city clerk's office, from the effective date of July 1, 2016, except where a vested right to the issu- ance of such approval accrued prior to the effective date hereof. Section 2. This ordinance takes effect upon publication. Passed, approved and adopted this 3rd day of August, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of August, 2015. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 49-15 AMENDING DUBUQUE CODE OF ORDINANCES, TITLE 16 UNIFIED DEVELOP- MENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16-11-2 APPLICABIL- ITY BY AMENDING THE MORATORIUM NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 16-11-2 is amended to read as follows: Section 16-11-2: Applicability: C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any parcel within the Southwest Arterial Corridor into two (2) or more lots, and any 14 preliminary plat within the Southwest Arterial Corridor must be submitted to the City Council for review. No plat for any subdivision or resubdivision of property in the Southwest Arterial Corridor, as delineated on drawings on file in the City Clerk's Office, may be approved by the City Council, from the effective date hereof to July 1, 2016, except for the property within the Final Plat of Siegert's Place Fifth Addition or where a vested right to the issuance of such approval ac- crued prior to the effective date hereof. Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 3rd day of August, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of August, 2015. /s/Kevin S. Firnstahl, City Clerk 4. Code of Ordinances Amendment - Title 12 Cable Television Commission: City Manager recommending approval of an ordinance creating a new Title 2, Chapter 11, which establishes the Cable Television Commission and provides for the powers, op- eration, 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. 50-15 Amend- ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter 11 Cable Television Commission and Adopting a New Chapter 11 Cable Tele- vision Commission in Lieu Thereof Establishing the Cable Television Commission and Providing for the Powers, Operation, Membership, and Meetings. Seconded by Con- nors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 50-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS BY REPEALING CHAPTER 11 CABLE TELEVISION COMMISSION AND ADOPTING A NEW CHAPTER 11 CABLE TELEVISION COMMISSION IN LIEU THEREOF ESTABLISHING THE CABLE TELEVISION COMMISSION AND PROVID- ING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 11 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: Chapter 11 CABLE TELEVISION COMMISSION 2-11-1: Commission Created: There is hereby created the Cable Television Commis- sion. 2-11-2: Purpose: The purpose of the commission is: A. To develop, in respect to community programming and cable regulation, poli- cies that will govern: 15 1. The use and protection of equipment and facilities; 2. All training programs; 3. The priorities and scheduling for use of channel time; 4. The daily regulation and administration of the cable franchise; 5. The resolution of subscriber complaints which could not be resolved satisfac- torily by the cable manager; and, 6. Other matters pertaining to community programming or cable services in Dubuque which may arise. B. To develop policies and procedures regarding the public community program- ming channels that will promote its nondiscriminatory, first come, first served and equitable use in conformity with all applicable regulations and requirements and limit such use to residents of Dubuque and their own productions. C. To encourage interest in and development of decidedly local community pro- gramming. D. To encourage cooperation and cordial relations between community program- mers, cable subscribers, and the local cable manager and the local cable manag- er's staff. E. To identify and support organizations interested in the channels reserved for public, education, and government programming. F. To advise the following: 1. The city manager or the city manager's designee (collectively "the city man- ager") on matters relating to community programming and the regulation of the cable system; 2. The city council on expenditure of any funds designated by a franchise for PEG equipment and facilities; and 3. The city council on any matter relating to the cable franchise or system. G. To promulgate and administer through the city manager all policies, rules, and procedures relating to community programming. H. To keep abreast of developments in cable technologies, services, and pro- gramming and to become competent in cable regulation, finances, and standards of operation. I. To act through the city manager as the local regulatory agent of the cable fran- chise and to monitor the operation of the cable system. J. To consult with the local cable manager on the best updating of the cable sys- tem, services, and programming and to advise the city council on expending the updating funds. K. To evaluate its own proceedings and actions and all community programming and cable related activities. L. To provide any cable user in the city of Dubuque the opportunity to voice a complaint regarding the user's cable service. 2-11-3: Internal Organization and Rules: The commission may adopt rules and regu- lations to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. 2-11-4: Procedures for Operation: All administrative, personnel, accounting, budget- ary, and procurement policies of the city govern the commission in all its operations. 2-11-5: Membership: 16 A. The commission comprises seven (7) residents of the city, appointed by the city council. B. Residents must be eighteen (18) years of age or older. C. Special Qualifications. In its appointments, the city council will endeavor to achieve a broad representation of the community and public interests which can take advantage of dedicated channels to benefit the residents of the City of Dubu- que and to develop a commission versed and competent in telecommunication administration, finances, and regulation. The city council will attempt to give pref- erence to applicants who are actively interested in promoting community cable programming who possess, or are willing to acquire, video production background, and who will relate to the spectrum of informational and cultural needs of cable viewers of the City of Dubuque and applicants who possess professional or expe- riential backgrounds in law, finances, administration, public relations, or telecom- munication technologies. 2-11-6: 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. 2-11-7: Terms: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. 2-11-8: Vacancies: Vacancies must be filled in the same manner as original appoint- ments. 2-11-9: Officers/Organization: The commissioners must choose annually a chairper- son and vice-chairperson, each to serve a term of one (1) year. The chairperson must appoint 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. 2-11-10: MEETINGS: A. Regular Meetings. The commission must meet not less than once each quarter. 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- e r. F. Quorum. Four (4) 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. 17 2-11-11: 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. 2-11-12: Removal: Except as provided in 2-11-10(D)(1), the city council may remove any commissioner for good cause. 2-11-13: Powers: The commission has the following powers, duties, and responsibili- ties: A. To assure that cable channels, equipment, and resources dedicated and re- served for community programming are used effectively, efficiently, and economi- cally to afford the community and individuals of the City of Dubuque the opportuni- ty to express opinions and provide information to cable users, and that such pro- gramming is characterized by appropriateness, quality, and continuity; and B. To assure full compliance with any franchises authorizing cable or video service in the City of Dubuque, that the franchises be interpreted and applied to the benefit of the City and its residents, that quality and updated services be delivered throughout the City, and that the public interest be protected in all matters related to the cable services delivery systems. 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. Passed, approved, and adopted the 3rd day of August, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of August, 2015. /s/Kevin S. Firnstahl, City Clerk 5. Code of Ordinances Amendment - Title 2 Housing Trust Fund Advisory Commit- tee: City Manager recommending approval of an amendment to the City of Dubuque Code of Ordinances regarding the Housing Trust Fund Advisory Committee. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordi- nance 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 Connors. Motion car- ried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 51-15 Amend- ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions, Article D Trust Fund Ad- visory Committee by Repealing Section 2- 5D-6 Committee Established; Membership; Functions and Adopting a New Section 2-5D-6 Housing Trust Fund Advisory Committee in Lieu Thereof Establishing the Trust Fund Advisory Committee and Providing for the Powers, Operation, Membership, and Meetings. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 51-15 18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOP- MENT COMMISSIONS, ARTICLE D TRUST FUND ADVISORY COMMITTEE BY RE- PEALING SECTION 2-5D-6 COMMITTEE ESTABLISHED; MEMBERSHIP; FUNC- TIONS AND ADOPTING A NEW SECTION 2-5D-6 HOUSING TRUST FUND ADVI- SORY COMMITTEE IN LIEU THEREOF ESTABLISHING THE TRUST FUND ADVI- SORY COMMITTEE AND PROVIDING FOR THE POWERS, OPERATION, MEM- BERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 5, Article D, Section 2-5D-6 of the City of Dubuque Code of Ordinances is hereby released and the following adopted in lieu thereof: 2-5D-6: HOUSING TRUST FUND ADVISORY COMMITTEE: A. Committee Created: There is hereby created the Housing Trust Fund Advisory Committee. B. Purpose: The purpose of the committee is to recommend policy direction and oversight to the administration and operation of the Housing Trust Fund by solicit- ing funding, developing by-laws to govern the committee's operations, and devel- oping policies and guidelines for acquisition and distribution of funds. Such solici- tations, by-laws, policies, and guidelines must be approved by the Housing Com- mission and submitted to the city council for its approval. C. Internal Organization and Rules: The committee 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. D. Procedures for Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the committee in all its operations. E. Membership: 1. The committee comprises five (5) residents of the city, appointed by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special Qualifications: a. Two (2) of the members must be appointed by and from the membership of the Housing Commission. b. Three (3) members of the public must be elected specifically on the basis of experience in real estate development, banking, finance, accounting, funds management, or other related areas of expertise. F. Oath: Each person, upon appointment or reappointment to the committee, must execute an oath of office at the first meeting of the committee following the ap- pointment or reappointment or at the city clerk's office any time prior to the first meeting of the committee. G. Terms: The term of office for members of the committee is three (3) years or until such member's successor is appointed and qualified. The terms of the cross - representative appointees from the Housing Commission must coincide with their terms on the Housing Commission. H. Vacancies: Vacancies must be filled in the same manner as original appoint- ments. 19 I. Officers; Organization: The Housing Commission must choose annually a chair- person and vice -chairperson, each to serve a term of one (1) year. The chairper- son must appoint a secretary, who need not be a member of the committee. The committee must fill a vacancy among its officers for the remainder of the officer's unexpired term. J. Meetings: 1. Regular Meetings: The committee must meet at least two (2) times per year; one meeting must be a public hearing regarding submission of the Iowa Fi- nance Authority application. 2. Special Meetings: Special meetings may be called by the chairperson or at the written request of a majority of the members. 3. Open Meetings: All meetings must be called and held in conformance with the Iowa Open Meetings Law. 4. Attendance: a. In the event a member of the committee has been absent for three (3) or more consecutive meetings of the committee, without being excused by the chairperson, such absence will be grounds for the committee to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance must be entered upon the minutes of all meetings. 5. Minutes: A copy of the minutes of all regular and special meetings of the committee must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichev- er is later. 6. Quorum: Three (3) members of the committee constitute a quorum for the transaction of business. The affirmative vote of a majority of the members pre- sent and voting is necessary for the adoption of any resolution. K. Compensation: Members serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on official committee business within the limits established in the city administrative policies and budget. L. Removal: Except as provided in 2 -5D -10(D)(1), the city council may remove any member for good cause. M. Powers: The committee has the following powers, duties, and responsibilities: 1. To coordinate an effective mechanism for public participation in the operation of the trust fund; 2. To recommend projects to the Housing Commission for funding approval; and 3. To engage in activities providing for the efficient use of the trust fund. Section 2. Nothing herein effects the term of any person serving as a member of the committee as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 3rd day of August, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of August, 2015. 20 /s/Kevin S. Firnstahl, City Clerk 6. Request for Work Session - Sustainable Dubuque: City Manager recommending that the City Council schedule the Sustainable Dubuque Quarterly Work Session for September 8, 2015 at 5:00 p.m. Motion by Connors to set the work session as recom- mended. Seconded by Lynch. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 7:12 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 21