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Minutes_City Council Proceedings 6 5 17 Copyrighted June 19, 2017 City of Dubuque Consent Items # 1. ITEM TITLE: Minutes and Reports Submitted SUMMARY: City Council Proceedings of 6/5, 6/12; Civil Service Commission of 5/30; Library Board of Trustees Report #161 of 5/25; Park and Recreation Commission of 5/9; Zoning Advisory Commission of 6/7; Zoning Board of Adjustment of 5/25; Proof of publication for City Council Proceedings of 5/15, 5/12 SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type City Council Proceedings of 6/5/17 Supporting Documentation City Council Proceedings of 6/12/17 Supporting Documentation Civil Service Commission Minutes of 5/30/17 Supporting Documentation Library Board of Trustees Report#161 of 5/25/17 Supporting Documentation Park and Recreation Commission Minutes of 5/9/17 Supporting Documentation Zoning Advisory Commissin Minutes of 6/7/17 Supporting Documentation Zoning Board of Adjustment Minutes of 5/25/17 Supporting Documentation Proof of Publication of City Council Proceedings of Supporting Documentation 5/15/17 Proof of Publication of City Council Proceedings of Supporting Documentation 5/22/17 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on June 5, 2017 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1 . DARE Essay Contest Winners: Mayor Buol and DARE Officer Rick Fullmer recognized the winners of the annual DARE essay contest, Estella Brown, Delanie Wright, Jasmine Roa-Baerga and Loryn Link (not present). 2. ARK Advocates Distinguished Community Service Award: Leisure Services Recreation Division Manager Dan Kroger presented Recreation Supervisor Janna Beau with the ARK Advocates Distinguished Community Service Award for her efforts to bring adaptive sports to Dubuque. PROCLAMATION(S) 1 . Juneteenth Celebration Day (June 17, 2017) was accepted by was accepted by Sarah Peterson, Assistant Director of the Multicultural Family Center. 2. LGBTQ+ Pride Month (June 2017) was accepted by Jessica Perry, Facilitator for Dubuque Council of Achieving Maximum Potential. 3. A City of Welcome and Opportunity: was accepted by Paul Uzel and Mauricio Castaneda of You're Welcome Here / Indivisible Dubuque. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Del Toro. Motion carried 7-0. 1 . Minutes and Reports Submitted: City Council Proceedings of 5/15, 5/22; Five Flags Civic Center Advisory Commission of 5/22; Housing Commission of 3/28; Historic Preservation Commission of 5/18; Library Board of Trustees of 4/27; Long Range Planning Advisory Commission of 5/17; Sister City Relationship Advisory Commission of 5/17; Transit Advisory Board of 5/11 ; Proof of Publication for City Council Proceedings of 1 5/8; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 4/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Cathleen Clausen for vehicle damage, Richard Kaufman for vehicle damage, Mathew Kowalske for vehicle damage, Kathryn Oleson for personal injury, Robert Mootz for vehicle damage, Corrine Morris for vehicle damage, Carol Moyer for property damage, Courtney Schminkey forvehicle damage, suit by Kathleen McCarthy for the estate of Thomas McCarthy for wrongful death. Upon motion the documents were received, filed and referred to 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 Assurance Pool: Cathleen Clausen for vehicle damage; Richard Kaufman for vehicle damage; Mathew Kowalske for vehicle damage; Robert Mootz for vehicle damage; Corrine Morris for vehicle damage; Carol Moyer for property damage; Kathryn Oleson for personal property; Courtney Schminkey for vehicle damage; Kyle Stoffel for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Operating Engineers Local 234 - Amendment to the Collective Bargaining Agreement: City Manager recommending that the Collective Bargaining Agreement between the City of Dubuque and the International Union of Operating Engineers, Local #234 be amended to provide additional compensation in the amount of $150 per pay period when a Grade 4 Water Plant Operator is assigned the responsibility of maintaining and signing the Water Department monthly operating reports that are submitted to the Department of Natural Resources. Upon motion the documents were received, filed and approved. 5. Civil Service Commission - Certified Lists: Civil Service Commission submitting the Certified Lists for the positions of Transit Dispatcher/Scheduler and Maintenanceworker. Upon motion the documents were received, filed and made a Matter of Record. 6. Community Needs Assessment-Mental Health Services: City Manager transmitting Project Hope's 2016 Community Needs Assessment for Mental Health Services conducted by the United Way and the Community Foundation of Greater Dubuque. Upon motion the documents were received and filed. 7. Advocacy for Federally Qualified Health Centers and Medicaid Expansion: City Manager transmitting information about the significant changes to the health care system that will impact all 1 ,400 community health centers across the country and over 25 million people health care centers serve and recommending approval to send letters to Senator Charles Grassley and Senator Joni Ernst advocating for health centers. Upon motion the documents were received, filed and approved. 8. Delinquent Grass, Weed Cutting and Garbage Collection Charges: City Manager recommending adoption of a resolution authorizing the City Clerk to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order 2 to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 186-17 Authorizing the City to Collect Delinquent Grass and Weed Cutting and Garbage Collection Charges in accordance with Title 6-4-3A; Title 6-4-5A and Title 6-4-513 of the Code of Ordinances of the City of Dubuque, Iowa was adopted. 9. Approval and Acceptance of Easement and Right-of-Way at 2620 Dodge Street: City Manager recommending approval and acceptance of an Easement and Right-of-Way Agreement for an existing public water main across part of Lot 2 of Plaza 20 No. 2, located at 2620 Dodge Street owned by KAD 2016, LLC (Starbucks). Upon motion the documents were received and filed and Resolution No. 187-17 Accepting a Grant of Easement for Water Main through, over and across part of Lot 2 of Plaza 20 No. 2, in the City of Dubuque, Iowa was adopted. 10. AmeriCorps-United Way Partner Agreement: City Manager recommending approval to execute the AmeriCorps Partners in Learning New and Targeted Initiatives Grant from the United Way of Dubuque Area Tri-States. Upon motion the documents were received, filed and approved. 11 . Contracted Services Agreement - America's River Corporation for Fiscal Year 2018: City Manager recommending approval of the Contracted Services Agreement for Fiscal Year 2018 with America's River Corporation. Upon motion the documents were received, filed and approved. 12. Contracted Services Agreement - Crescent Community Health Center for Fiscal Year 2018: City Manager recommending approval of the Contracted Services Agreement for Fiscal Year 2018 with Crescent Community Health Center. Upon motion the documents were received, filed and approved. 13. Contracted Services Agreement - Dubuque Area Labor Management Council for Fiscal Year 2018: City Manager recommending approval of the Contracted Services Agreement for Fiscal Year 2018 with the Dubuque Area Labor Management Council. Upon motion the documents were received, filed and approved. 14. Contracted Services Agreement - Dubuque Area Convention and Visitors Bureau for Fiscal Year 2018: City Manager recommending approval of the Contracted Services Agreement for Fiscal Year 2018 with the Dubuque Area Convention and Visitors Bureau. Upon motion the documents were received, filed and approved. 15. Contracted Services Agreement - Dubuque Main Street for Fiscal Year 2018: City Manager recommending approval of the Contracted Services Agreement for Fiscal Year 2018 with Dubuque Main Street. Upon motion the documents were received, filed and approved. 16. Dubuque Main Street Program Agreement for Fiscal Year 2018: City Manager recommending approval of a Program Agreement between Dubuque Main Street, the City 3 of Dubuque and the Iowa Department of Economic Development. Upon motion the documents were received and filed and Resolution No. 188-17 Resolution of Support and Financial Commitment for the Main Street Program in Dubuque was adopted. 17. Contracted Services Agreement - DuRide for Fiscal Year 2018: City Manager recommending approval of the Contracted Services Agreement for Fiscal Year 2018 with DuRide. Upon motion the documents were received, filed and approved. 18. Contracted Service Agreement - Every Child / Every Promise for Fiscal Year 2018: City Manager recommending approval of the Contracted Services Agreement for Fiscal Year 2018 with Every Child / Every Promise. Upon motion the documents were received, filed and approved. 19. Contracted Services Agreement - Greater Dubuque Development Corporation for Fiscal Year 2018: City Manager recommending approval of the Contracted Services Agreement for Fiscal Year 2018 with the Greater Dubuque Development Corporation. Upon motion the documents were received, filed and approved. 20. Contracted Services Agreement - Inclusive Dubuque for Fiscal Year 2018: City Manager recommending approval of the Contracted Services Agreement for Fiscal Year 2018 with Inclusive Dubuque. Upon motion the documents were received, filed and approved. 21 . Contracted Services Agreement - Operation: New View Community Action Agency for Fiscal Year 2018: City Manager recommending approval of the Contracted Services Agreement for Fiscal Year 2018 with Operation: New View Community Action Agency. Upon motion the documents were received, filed and approved. 22. Contracted Services Agreement - Project H.O.P.E. for Fiscal Year 2018: City Manager recommending approval of the Contracted Services Agreement for Fiscal Year 2018 with Project H.O.P.E. Upon motion the documents were received, filed and approved. 23. Pre-Annexation Agreement - Dennis Watters: City Manager recommending approval of a Pre-Annexation Agreement with Dennis Watters for Watters Homestead, 12204 N. Cascade Road, as part of approving the Plat of Survey and as established by the City's Fringe Area Development Standards of the Unified Development Code. Upon motion the documents were received and filed and Resolution No. 189-17 Approving a Pre-Annexation Agreement between the city of Dubuque and Dennis Watters was adopted. 24. Code of Ordinances - Adoption of Supplement No. 25: City Clerk recommending adoption of Supplement No. 25 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 190-17 Adopting Supplement No. 25 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. 4 25. Ahlers & Cooney Law Firm Letter of Engagement: City Manager recommending approval to engage the Ahlers & Cooney Law Firm to provide legal services pertaining to negotiations with the railroad and for some remaining property acquisition work effective May 22, 2017, and authorize the Mayor to sign the letter of engagement. Upon motion the documents were received, filed and approved. 26. Jackson Park Lighting Project Award: City Manager recommending that the award for the Jackson Park Street Lighting Project to Hawkeye Electric be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 27. 1100 South Grandview Storm Sewer Project: City Manager recommending that the costs for the 1100 South Grandview Avenue Storm Sewer Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 28. Letter of Support for Heritage Trail: City Manager transmitting a Letter of Support to Dubuque County Conservation Board for an Iowa State Recreation Trail grant application to replace Bridge #27 on the Heritage Trail. Upon motion the documents were received and filed. 29. Iowa Department of Transportation - Amended Traffic Safety Grant Agreement for Grandview Avenue and Loras Boulevard Intersection Improvements Project: City Manager recommending approval for the Mayor to execute an agreement with the Iowa Department of Transportation for Traffic Safety Improvement Program Funding for the Grandview Avenue and Loras Boulevard intersection improvements. Upon motion the documents were received and filed and Resolution No. 191-17 Approving the Amended Iowa Department of Transportation Agreement for Traffic Safety Improvement Program funding for the City of Dubuque Grandview Avenue at Loras Boulevard Intersection Improvements was adopted. 30. Iowa Department of Transportation Cooperative Agreement for the SW Arterial - Military Road to Olde Davenport Road East Grading Project: City Manager recommending approval for the Mayor to execute the Iowa Department of Transportation Cooperative Agreement for the Southwest Arterial-East Grading Project from Military Road to Olde Davenport Road. Upon motion the documents were received and filed and Resolution No. 192-17 Approving the Cooperative Agreement (Agreement No. 2017-16- 146) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - East Grading Project from Military Road to Olde Davenport Road was adopted. 31 . Signed Contracts: 2017 Farm Lease with Robert Bradley for a portion of Roosevelt Park; 2017-2018 Farm Lease with John Veach for property known as the North McFadden Farm. Upon motion the documents were received and filed. 5 32. Improvement Contracts / Performance, Payment and Maintenance Bonds: Dan Arensdorf Construction, Inc. for the 2017 Asphalt Overlay Ramp Project Two; Evans- Mason, Inc., for the Mathias Ham House Masonry Rehabilitation Project; Hydro-Tech, Inc., for the Five Flags Theater Masonry Rehabilitation and Fire Escape Project. Upon motion the documents were received, filed and approved. 33. Alcohol Compliance Civil Penalty for Alcohol License Holder — Chipotle Mexican Grill: City Manager recommending approval of the Acknowledgment /Settlement Agreement for an alcohol compliance violation for Chipotle Mexican Grill, 2450 Dodge Street. Upon motion the documents were received, filed and approved. 34. Alcohol Compliance Civil Penalty for Alcohol License Holder — Ichiban Hibachi Steakhouse & Sushi Bar: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Ichiban Hibachi Steakhouse & Sushi Bar, 3187 University Avenue. Upon motion the documents were received, filed and approved. 35. Alcohol Compliance Civil Penalty for Alcohol License Holder for Murph's Tap: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Murph's Tap, 55 Locust Street. Upon motion the documents were received, filed and approved. 36. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed and Resolution No. 193-17 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 194-17 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. ITEMS SET FOR PUBLIC HEARING Item No. 6.: Phase I - 17th Street Storm Sewer Improvements Project was pulled from the agenda to be rescheduled to a future date. 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 . Sewer Revenue Capital Loan Notes - Kerper Boulevard Sanitary Sewer Reconstruction Projects: City Manager recommending that a public hearing be set for June 19, 2017 on the proposition of selling not to exceed $3,600,000 in Sewer Revenue Capital Loan Notes (State Revolving Loan Fund Program) for the Kerper Boulevard sanitary sewer reconstruction projects. Upon motion the documents were received and filed and Resolution No. 195-17 Fixing date for a meeting on the authorization of a Loan 6 and Disbursement Agreement and the issuance of not to exceed $3,600,000 Sewer Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June 19, 2017 in the Historic Federal Building. 2. Sale of Property - 2249 Harold Street: City Manager recommending that a public hearing be set for June 19, 2017 for the purpose of disposing of City-owned real property located at 2249 Harold Street to Rachel Regan. Upon motion the documents were received and filed and Resolution No. 196-17 of Intention to dispose of City-owned property, specifically, Lot 30 and the North 5 Feet of Lot 33 in J.P. Schroeder's Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof— 2249 Harold Street was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June 19, 2017 in the Historic Federal Building. 3. 210 Jones Street Development Agreement: City Manager recommending that the City Council set a public hearing for June 19, 2017 regarding a Development Agreement for the property located at 210 Jones Street. Upon motion the documents were received and filed and Resolution No. 197-17 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with 210 Jones, LLC., and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June 19, 2017 in the Historic Federal Building. 4. Westside Water System Improvements 2017 Contract C Highway 20 Watermain Extension: City Manager recommending initiation of the public bidding procedure for the Westside Water System Improvements 2017 Contract C Hwy 20 Water Main Extension Project, and further recommends that a public hearing be set for June 19, 2017. Upon motion the documents were received and filed and Resolution No. 198-17 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 advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June 19, 2017 in the Historic Federal Building. 5. Water Revenue Capital Loan Notes - (State Revolving Loan Fund Program): City Manager recommending that the City Council set a public hearing for June 19, 2017 on the proposition of selling not to exceed $10,200,000 in Water Revenue Capital Loan Notes (State Revolving Loan Fund Program) for the purchase and improvements associated with the City of Dubuque's acquisition of the Vernon and Barrington Lakes water systems. Upon motion the documents were received and filed and Resolution No. 199-17 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $10,200,000 Water Revenue Capital Loan Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June 19, 2017 in the Historic Federal Building. 7 6. Phase I - 17th Street Storm Sewer Improvements Project: This item was pulled from the agenda. BOARDS/COMMISSIONS The City Council reviewed 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: Three, 3-year terms through July 1 , 2020 (Expiring terms of Hoverman, Maloney and Tigges). Applicants: Carol Hoverman, 1555 White St.; Thomas Major, 1725 Lori St.; Pauline Maloney, 506 George St.; Ronald Tigges, 4927 Wild Flower Dr. 2. Electrical Code Board: One, 3-year term through May 21 , 2020 (Expired term of Wilson, At-Large). Applicant: David Wilson, 2918 Washington St. (Qualifies as At-Large). Mr. Wilson spoke in support of his appointment and provided a brief biography. 3. Historic Preservation Commission: One, 3-year term through July 1 , 2020 (Expiring term of Monk, Architect At-Large). Applicant: Christina Monk, 2005 N. Main St. (Qualifies as Architect At-Large). Ms. Monk spoke in support of her appointment and provided a brief biography. 4. Investment Oversight Advisory Commission: One, 3-year term through July 1 , 2020 (Expiring term of Lassance). Applicant: Paul Lassance. 4846 Embassy Ct. Mr. Lassance spoke in support of his appointment and provided a brief biography. 5. Long Range Planning Advisory Commission: Three, 3-year terms through July 1 , 2020 (Expiring terms of Collins, Dolson and Vincent). Applicants: Ronald Collins, 243 Cardiff St.; Mark Dolson, 54 Alpine St.; Thomas Major, 1725 Lori St.; Alan Vincent, 565 Woodland Ridge. 6. Park and Recreation Advisory Commission: Three, 3-year terms through June 30, 2020 (Expiring Terms of Hoffmann, Kennicker and Klinge). Applicants: Paul Hoffmann, 174 Bradley St.; Robin Kennicker, 2929 Elm St.; Kenneth Klinge, 2267 Carter Rd.; Rebecca Kuhle, 2566 Pearl St.; Luke Roth, 904 Barbaralee Dr. Ms. Kennicker, Mr. Klinge, Ms. Kule and Mr. Roth all spoke in support of their appointments and provided brief biographies. 7. Zoning Advisory Commission: One, 3-year term through June 30, 2020 (Expiring Term of Christ). Applicant: Martha Christ, 88 Princeton PI. Ms. Christ spoke in support of her appointment and provided a brief biography. Appointments were made to the following boards/commissions. 8 8. Civil Service Commission: One,4-year term through April 6, 2020 (Vacant term of Takes). Applicants: Phil Baskerville, 2945 Van Buren St. Christian Stillings, 1298 Locust St. Upon Council concurrence, Mayor Buol appointed Mr. Stilling to the remainder of a 4-year term through April 2020. 9. Mechanical and Plumbing Code Board: One, 3-year term through March 16, 2020 (Vacant term of Hillard). Applicant: Dieter Muhlack, 2907 Arabian Trail. Motion by Connors to appoint Mr. Hillard to a 3-year term through 2020. Seconded by Resnick. Motion carried 7-0. 10. Sister City Relationship Advisory Commission: One, 3-year term through February 1, 2019 (Vacant term of Phillips). Applicant: Thomas Major, 1725 Lori St. Motion by Resnick to appoint Mr. Major to the remainder of a 3-year term through February 1. 2019. Seconded by Connors. Motion carried 7-0. PUBLIC HEARINGS 1 . Flexsteel Industries, Inc.: Proof of publication on notice of public hearing to consider approval of the Development Agreement between Flexsteel Industries, Inc. and the City of Dubuque, and the Offer to Buy and Acceptance between Dubuque County and the City of Dubuque with the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 201-17 Approving a Development Agreement between the City of Dubuque, Iowa and Flexsteel Industries, Inc. and approving the issuance of Urban Renewal Tax Increment Revenue Grant Obligations; and Resolution No. 202-17 Disposing of an interest in real property by deed to Dubuque County, Iowa. Seconded by Jones. Mark Cook, 845 Euclid St., thanked the City Council and partners for facilitating the agreements. Motion carried 7-0. 2. Initiation for Condemnation for Coates Property at 13102 Derby Grange Road: Proof of publication on notice of public hearing to consider adoption of a resolution which establishes and sets the Just Compensation Valuation (Fair Market Value) for property at 13102 Derby Grange Road and authorizes staff to begin good faith negotiations with Mrs. Eileen Coates, and if a settlement cannot be reached through good faith negotiations, authorizes staff to proceed with eminent domain proceedings forthe easement acquisition of the property for sanitary sewer to provide services to the Derby Grange LLC. Development and Derby Grange Road service area and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 203-17 Establishing Fair Market Value, directing good faith negotiations, and granting exercise of Eminent Domain Authority by the City of Dubuque to acquire land or rights in Agricultural Land for a site-specific public improvement project at 13102 Derby Grange Road. Seconded by Connors. Motion carried 7-0. 3. South Pointe Housing Urban Renewal Area - Resolution of Adoption: Proof of publication on notice of public hearing to consider approval of Amended and Restated Urban Renewal Plan for the South Point Housing Urban Renewal and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt 9 Resolution No. 204-17 Approving the Amended and Restated Urban Renewal Plan for the South Pointe Housing Urban Renewal Area. Seconded by Jones. Motion carried 7-0. 4. South Pointe Housing Tax Increment Financing Development Agreement: Proof of publication on notice of public hearing to consider approval of the Housing Tax Increment Financing (TIF) Development Agreement with South Pointe, LLC to facilitate the development of a 96-acre parcel off of Rockdale Road and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 205-17 Approving an Agreement between the City of Dubuque, Iowa and South Pointe, LLC for the development of property in the South Pointe Urban Renewal Area. Seconded by Jones. Planning Services Manager Laura Carstens provided and explanation of the points the development received on the Sustainability Scale. Motion carried 7-0. 5. Greater Downtown Urban Renewal District - Resolution of Adoption: Proof of publication on notice of public hearing to consider approval of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 206-17 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Connors. Motion carried 7-0. 6. Kerper Boulevard Sanitary Sewer Reconstruction 2017 Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Kerper Blvd. Sanitary Sewer Reconstruction 2017 Project and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 207-17 Approval of plans, specifications, form of contract, and estimated cost for the Kerper Blvd. Sanitary Sewer Reconstruction 2017 Project. Seconded by Jones. Motion carried 7-0. 7. Reallocation of General Obligation Bonds Series 201413: Proof of publication on notice of public hearing to consider approval of the reallocation of not to exceed $80,000 of the unspent proceeds of the General Obligation Bond Series 2014B from the City Hall improvements project to fund the HVAC improvements of the Historic Federal Building located at 350 West 6th Street and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 208-17 Instituting proceedings to take additional action and approving the reallocation of certain unspent proceeds of the General Obligation Bonds Series 20148, of the city of Dubuque, Iowa. Seconded by Connors. Responding to questions from the City Council, City Manager Van Milligen stated that since the City owns the Federal Building, it is responsible for 100% of the capital improvements to the building. Motion carried 7-0. ACTION ITEMS 1 . DMATS Federal Fiscal Year 2018-2021 Transportation Improvement Program: East-Central Intergovernmental Agency (ECIA) Transportation Director Chandra Ravada 10 will present information and seek input about federally funded projects through the Dubuque Metropolitan Area Transportation Study (DMATS) Transportation Improvement Program. Motion by Jones to receive and file the documents and view the presentation. Seconded by Lynch. Mr. Ravada provided a slide presentation that defined the Transportation Improvement Program, described the projects and illustrated the budgets for each project. Motion carried 7-0. 2. Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson presented a quarterly update on the activities of the Greater Dubuque Development Corporation. Topics included launching the GDDC 2022 Capital Campaign, business retention, workforce solutions, national marketing, sustainable innovations, StartUp Dubuque, and Dubuque's True North program for maximizing the potential of the City's Northend. Mr. Dickinson also highlighted the goal of job creation, negotiated business agreements, efforts to work with employees impacted by the closing of Premier Linen, and the passing of philanthropist Dick Schmid (Schmid Innovation Center). Motion carried 7-0. 3. Dubuque Fire Department - Mission Lifeline Gold Award: City Manager transmitting information that the American Heart Association, Iowa Mission Lifeline has awarded the Dubuque Fire Department the EMS-Gold Award for continued excellence in treating STEMI heart attack patients. Motion by Jones to receive and file the documents. Seconded by Connors. Fire Chief Rick Steines provided background and required skills that contributed to receipt of the award and thanks the employees of the Fire Department. Motion carried 7-0. 4. Timber Ridge/Rustic Point Water Main Extension 2017 Project Award: City Manager recommending award of the Timber Ridge/Rustic Point Water Main Extension 2017 Project construction contract to the low bidder Tschiggfrie Excavating. Motion by Resnick to receive and file the documents and adopt Resolution No. 209-17 Awarding the public improvement contract for the Timber Ridge/Rustic Point Water Main Extension 2017 Project. Seconded by Connors. Motion carried 6-0 with Jones having momentarily left the room. 5. Fiscal Year 2017 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project Award: City Manager recommending recommends award of the Fiscal Year 2017 Sanitary Sewer Cured-in-Place Pipe (CIPP) Lining Project contract to the low bidder Insituform Technologies. Motion by Lynch to receive and file the documents and adopt Resolution No. 210-17 Awarding public improvement contract for the FY17 Sanitary Sewer Cured- in-Place Pipe (CIPP) Lining Project. Seconded by Connors. Motion carried 7-0. 6. South Pointe Subdivision Final Plat: City Manager recommending approval of the Final Plat of South Pointe Subdivision. Motion by Lynch to receive and file the documents and adopt Resolution No. 211-17 Authorizing approval of the Final Plat of South Pointe Subdivision in the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 7-0. 11 7. South Pointe Housing Urban Renewal Area — Ordinance: City Manager recommending approval of the Amended and Restated Urban Renewal Plan for the South Pointe Housing Urban Renewal Area that provides details on the inclusion of an additional area and related projects that will allow for road improvements and the installation of utilities related to housing and residential development. Motion by Lynch 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. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 25-17 Amending Ordinance Nos. 11-17 and 11-17-A, providing that General Property Taxes levied and collected each year on all property located within the South Pointe Housing Urban Renewal Area, as amended and restated, in the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in Connection with said South Pointe Housing Urban Renewal Area, as Amended and Restated. Seconded by Connors. Motion carried 7-0. 8. Greater Downtown Urban Renewal District — Ordinance: City Manager recommending Council adoption of an ordinance amending the Tax Increment Financing District for the Greater Downtown Urban Renewal District that will expand the District to include the new Lower Kaufmann Subarea. 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. 26-17 Amending Ordinance No. 6-17 and 6-17-A, previously amended, providing that General Property Taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Lynch. Motion carried 7-0. 9. Code of Ordinances Amendment - Title 13 Placement of Containers for Collection: City Manager recommending approval of an amendment to the City of Dubuque Code of Ordinances Section 13-6A-4, Placement of Containers for Collection, which would allow placement of solid waste and recycling at the curb up to 24 hours before a scheduled collection, and removal of the solid waste containers and recycling containers within 24 hours after a scheduled collection. Motion by Lynch 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 Seconded by Del Toro. Motion carried 7-0. 12 Motion by Lynch for final consideration and passage of Ordinance No. 27-17 Amending City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 6, Solid Waste, Article A City or Private Collection Service, Section 13-6A-4 Placement of Containers for Collection. Seconded by Connors. Motion carried 7-0. 10. Code of Ordinances Amendment - Title 7 Animal Control: City Manager recommending approval of changes to the Animal Control Ordinance. that address enforcement and trends for dealing with Animal Control issues experienced over the past several years. Motion by Lynch 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 Connors. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 28-17 Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 6 Animal Control, Article B Dogs and Cats, Sections 7-613-1 Definitions, 7-613-2 Licensing; Tags and Fees, 7-613-3 Keeping Cats or Dogs on Unoccupied Residential Property Prohibited, 7-613-4 Harboring Vicious Dog or Cat, 7-613-10 Impoundment, Redemption and Disposition of Unclaimed Animals; Article C Rabies Control, Sections 7-6C-1 Vaccination Required, 7-6C-2 Confinement Authorized, 7-6C-3 Reporting Rabies; Notice to City Manager; Article D Dangerous Animals, Sections 7-6D-1 Definitions, Section 7- 6D-4 Exceptions to Keeping and Licensing Restrictions; Article E Potentially Vicious Dogs, Section 7-6E-2 Procedure for Declaration of Potentially Vicious Dog; and Amending Title 7, Chapter 6 by Adding a New Article F, Vicious Dogs and Cats Suggested Disposition: Receive and File; Motion B; Motion A. Seconded by Connors. Motion carried 7-0. 11 . Code of Ordinances Amendment - Titles 7 & 10 Firearms, Fireworks and Environmental Stewardship Advisory Commission: City Manager recommending approval of amendments to City of Dubuque Code of Ordinances Sections 7-5A-10, Weapons, Firearms and Fireworks; 7-5A-16, Hunting and Target Practice Permitted; and 10-513-12, Possession of Firearms, Weapons and Fireworks. Motion by Lynch 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 Connors. Motion failed 5-2 with Del Toro and Rios voting nay. Motion by Jones to consider the first reading of the proposed ordinances amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-10 Weapons, Firearms and Fireworks; Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7-5A-16 Hunting and Target Practice Permitted; and Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10-513-12 Possession of Firearms, Weapons and Fireworks. Seconded by Resnick. Responding to questions from the City Council, City Manager Van Milligen reviewed what other Iowa cities are doing in response to the new state law; Police Chief Mark Dalsing addressed the issue of a possible increase in police calls; and 13 Assistant City Attorney Maureen Quann stated that should the ordinances not be passed prior to the July 4th holiday, the current City ordinance would remain in effect. Motion carried 6-1 with Del Toro voting nay. 12. Request for Work Session - Community Health Needs Assessment and Health Improvement Plan: City Manager recommending approval to schedule a work session on the Community Health Needs Assessment and Health Improvement Plan for 6:00 p.m. on Monday, June 12, 2017. Motion by Jones to receive and file the documents and set the work session as recommended. Seconded by Lynch. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 8:20 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1t 6/14 14