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7 5 17 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on July 5, 2017 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios (6:05 p.m.); Assistant City Manager Goodmann, 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 PRESENTATIONS 1 . 2017 All America City Award: Julee Albers, Director of Youth Impact for the Com- munity Foundation of Greater Dubuque presented the National Civic League's 2017 All America City Award for the Grade Level Reading Initiative. 2. Multicultural Center Receives 2017 Dubuque LGBTQ+ Community Service and Ad- vocacy Award: Deron Oaks of Co Dubuque presented the LGBTQ+ Pride Award for Com- munity Service and Advocacy to Multicultural Family Center and accepted by Assistant Director Sarah Peterson. PROCLAMATION 1 . Summer Learning Day (July 13, 2017) was accepted by Dawn Cogan, St. Mark En- richment Executive Director. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7-0. 1 . Minutes and Reports Submitted: Cable TV Commission of 6/7; City Council Pro- ceedings of 6/19, 6/21 ; Community Development Advisory Commission of 4/18; Human Rights Commission of 5/8; Proof of Publication for City Council Proceedings of 6/5. Upon motion the documents were received and filed. 2. Bee Branch Watershed Safety Activity Book: City Manager transmitting the Bee Branch Watershed Safety Activity Book. Upon motion the documents were received and filed. 1 3. 2016-2017 Water Quality Report for Dubuque, Vernon, and Barrington Water Sys- tems: City Manager providing notice that the City of Dubuque has published the annual water quality reports for the City of Dubuque, Barrington Lakes and Vernon water sys- tems. Upon motion the documents were received and filed. 4. Letter of Support for Dubuque County Conservation Board Application for Transpor- tation Alternative Program Grant - Dubuque County Heritage Trail: City Manager submit- ting letter of support for the Dubuque County Conservation Board's application for a Transportation Alternatives program Grant - Regional Planning Affiliation #8, grant mon- ies will be combined with local funds to replace Bridge #21 on the Heritage Trail. Upon motion the documents were received, filed and approved. 5. Bee Branch Greenway Rental Fee Recommendations: City Manager recommending approval of the rental fees for the five new areas of the Bee Branch Greenway that will be available for rental to the community for events and activities. Upon motion the documents were received, filed and approved. 6. Request to Eliminate One Truck Driver and Create One Utility Worker Position: City Manager recommending City Council approval of a motion eliminating one Truck Driver position and creating one Utility Worker position in the Public Works Department. Upon motion the documents were received, filed and approved. 7. Addition of Property to Covenants - Technology Park: City Manager recommending approval of a Resolution approving the addition of Lot F Dubuque Technology Park to the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges Covering Property in Dubuque Technology Park. Upon motion the documents were received and filed and Resolution No. 230-17 Approving addition of property to Dec- laration of Covenants, Conditions, Restriction, Reservations, Easements, Liens and Charges covering property in Dubuque Technology Park was adopted. RESOLUTION NO. 230-17 RESOLUTION APPROVING ADDITION OF PROPERTY TO DECLARATION OF COV- ENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES COVERING PROPERTY IN DUBUQUE TECHNOLOGY PARK Whereas, the City of Dubuque adopted on June 15, 1998, the Declaration of Cove- nants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Cov- enants), recorded June 30, 1998, as Instrument no. 10226-98, covering certain property in Dubuque Technology Park (the Properties); and Whereas, Article II of the Covenants allows City to add additional land to the Properties by instrument duly executed and recorded and Whereas, the City Council desires to add to the following City-owned property to the Properties covered by the Covenants: Lot F Dubuque Technology Park according to the plat recorded as Instrument No. 2006-12432 on August 11 , 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The attached Addition of Property to Declaration of Covenants, Conditions, Re- strictions, Reservations, Easements, Liens and Charges for Property in Dubuque Tech- nology Park is hereby approved. 2 The Mayor and City Clerk are hereby directed to execute the document on behalf of the City of Dubuque. The City Clerk is hereby directed to record the document with the Dubuque County Recorder. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Addition of Property to Covenants - Dubuque Industrial Center West/North: City Manager recommending approval of a Resolution approving the addition of the Graf and McFadden properties to the Declaration of Covenants, Conditions, Restrictions, Reserva- tions, Easements, Liens and Charges Covering Property in Dubuque Industrial Center West, Dubuque Industrial Center West 2nd Addition, Dubuque Industrial Center West 5th Addition, and Dubuque Industrial Center North First Addition. Upon motion the documents were received and filed and Resolution No. 231-17 Approving the addition of property to the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges covering property in Dubuque Industrial Center West, Dubuque Industrial Center West 2nd Addition, Dubuque Industrial Center West 5th Addition, and Dubuque Industrial Center North First Addition was adopted. RESOLUTION NO. 231-17 APPROVING THE ADDITION OF PROPERTY TO THE DECLARATION OF COVE- NANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES COVERING PROPERTY IN DUBUQUE INDUSTRIAL CENTER WEST, DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION, DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION, AND DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION Whereas, the City of Dubuque adopted on October 25, 1999 the Declaration of Cove- nants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Cov- enants), recorded November 16, 1999 as Instrument No. 17454-99, covering Dubuque Industrial Center West Lots 1 , 2, 3, 4, A, B, C and D; and Whereas, the following additional property was added to the Properties covered by the Covenants, specifically as follows: Dubuque Industrial Center West 2nd Addition, by instrument dated April 16, 2002, recorded on April 30, 2002 as Instrument No. 7990-02; Dubuque Industrial Center West 5th Addition, by instrument dated June 6, 2006, recorded July 7, 2006 as Instrument no. 2006-10389; Dubuque Industrial Center North First Addition, by instrument February 7, 2011 , rec- orded February 11 , 2011 as Instrument no. 2011-2684; and Whereas, Article II of the Covenants allows City to add additional land to the Properties by instrument duly executed and recorded; and Whereas, the City Council desires to add the following City-owned property to the Prop- erties covered by the Covenants: Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the recorded plat thereof; Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One-quarter, Section 25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Town- ship, Dubuque County, Iowa; Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof; 3 The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th P.M., in Center Township, Dubuque County, Iowa; Lot 1 of Lot 1 of the NW 1/4 of the NW 1/4 and the South % of the NW 1/4 in Section 29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubu- que, Iowa, according to the recorded plat thereof; Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa, according to the recorded plat thereof; Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded Plat thereof, subject to easements and restrictions of record. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The attached Addition of Property to Declaration of Covenants, Conditions, Re- strictions, Reservations, Easements, Liens and Charges for Property in Dubuque Indus- trial Center West, Dubuque Industrial Center West 2nd Addition, Dubuque Industrial Cen- ter West 5th Addition and Dubuque Industrial Center North First Addition is hereby ap- proved. The Mayor and City Clerk are hereby directed to execute the document on behalf of the City of Dubuque. The City Clerk is hereby directed to record the document with the Dubuque County Recorder. Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Complete Action on Issuance of $3,498,000 Sewer Utility Revenue Capital Loan Notes, Series 2017 (State Revolving Loan Fund) (Kerper Project): City Manager recom- mending approval of the suggested proceedings to complete action required on the $3,498,000 Sewer Utility Revenue Capital Loan Notes from the State of Iowa Revolving Fund Loan Program. Upon motion the documents were received and filed and Resolution No. 232-17 Series Resolution authorizing and providing for the issuance and securing the payment of $3,498,000 Sewer Revenue Capital Loan Notes, Series 2017 by the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa, providing for a method of payment thereof, approving Loan and Disbursement Agreement, and other related matters was adopted. RESOLUTION NO. 232-17 SERIES RESOLUTION AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SECURING THE PAYMENT OF $3,498,000 SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2017 BY THE CITY OF DUBUQUE, IOWA UNDER THE PROVISIONS OF CHAPTER 384 OF THE CODE OF IOWA, PROVIDING FOR A METHOD OF PAY- MENT THEREOF, APPROVING LOAN AND DISBURSEMENT AGREEMENT, AND OTHER RELATED MATTERS Whereas, the City Council of the City of Dubuque, Iowa (the "City") has heretofore established charges, rates and rentals for services which are and will continue to be col- lected as system revenues of the Municipal Sewer System, and said revenues are avail- able for the payment of sewer revenue bonds or notes, subject to the following premises; and Whereas, by Resolution No. 437-08 passed and approved on December 15, 2008 (the "Master Resolution"), the City Council heretofore authorized the issuance of$2,000,000 4 Sewer Revenue Capital Loan Notes, Series 2009A, for the purpose of financing the con- struction of the Series 2009A Project described therein, and to pay related costs of issu- ance; and Whereas, Issuer proposes to issue its Sewer Revenue Capital Loan Notes, Series 2017, to the extent of $3,498,000, for the purpose of defraying the costs of the Series 2017 Projects as set forth in Section 1 of this Resolution; and, it is deemed necessary and advisable and in the best interests of the City that a form of Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, be approved and authorized; and Whereas, notice of the intention of the City Council to take action for the issuance of not to exceed $3,600,000 Sewer Revenue Capital Loan Notes has heretofore been duly published and no objections to such proposed action have been filed, and the City there- fore deems it desirable to enter into a Loan and Disbursement Agreement and issue the Notes; and Whereas, Section 8.3 of the Master Resolution authorizes the issuance of additional Senior Bonds, including Senior SRF Bonds, by the City from time to time, if all of the conditions set forth therein are satisfied; and Whereas, the Council has determined to issue additional Senior SRF Bonds, and has determined that, upon passage of this Series Resolution all of the requirements of Article VIII of the Master Resolution with respect to the issuance of additional Senior SRF Bonds will have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IN THE COUNTY OF DUBUQUE, STATE OF IOWA: ARTICLE I DEFINITIONS Section 1 .1 . Definitions. Except as otherwise provided below in this Article I, all words and terms defined in Article I of the Master Resolution shall have the same meanings in this Series Resolution as such defined words and terms are given in Article I of the Master Resolution. In addition, the following terms shall have the following meanings in this Se- ries Resolution unless the text expressly or by necessary implication requires otherwise: "Additional Bonds" shall mean any sewer revenue bonds or notes or other obligations issued on a parity with the Notes in accordance with the provisions of Section 23 hereof. Provided, however, Additional Bonds which are SRF Obligations shall not be secured by the Reserve Fund and shall not be subject to the Reserve Fund Requirement. "Agreement" shall mean Loan and Disbursement Agreement dated as of the Closing between the City and the Original Purchaser relating to the Loan made to the City under the Program. "City" or "Issuer" shall mean the City of Dubuque, Iowa. "Closing" shall mean the date of execution of the Agreement and delivery of the Series 2017 Notes to the Original Purchaser and the funding of the Loan by the Trustee. "Loan" shall mean the total principal amount allocated by the Original Purchaser to the City under the Program, equal in amount to the aggregate principal amount of the Series 2017 Notes. "Master Resolution" means the City Council Resolution No. 437-08, passed and ap- proved on December 15, 2008, entitled "Master Resolution relating to the issuance of Sewer Revenue Bonds by the City of Dubuque, Iowa under the provisions of Chapter 384 of the Code of Iowa, authorizing and providing for the issuance and securing the payment of$2,000,000 Sewer Revenue Capital Loan Notes, Series 2009A, providing for a method of payment thereof, and related matters," as the same may be amended from time to time. 5 "Original Purchaser" means the Iowa Finance Authority, as the purchaser of the Series 2017 Notes from the City at the time of their original issuance. "Program" shall mean the Iowa Water Pollution Control Works Financing Program ad- ministered by the Original Purchaser. "Series 2017 Notes" means the $3,498,000 Sewer Revenue Capital Loan Notes, Se- ries 2017, dated the date of delivery, authorized to be issued pursuant to this Series Res- olution. "Series 2017 Costs of Issuance Account" means the account by that name within the Project Fund established in Section 5.1 of the Master Resolution. "Series 2017 Projects" shall mean the Projects being financed with the proceeds of the Series 2017 Notes, consisting of the acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Kerper Boulevard sanitary sewer reconstruction project, as described generally in the Agreement and more particularly in the plans and specifications on file from time to time with the City Clerk. "Series 2017 Projects Account" means the account by that name within the Project Fund established in Section 5.1 of the Master Resolution. "Series 2017 Rebate Account" means the account by that name within the Rebate Fund established in Section 6.10 of the Master Resolution. "Series Resolution" means this Resolution of the Council. "Tax Exemption Certificate" means the Tax Exemption Certificate executed by the Treasurer and delivered at the time of issuance and delivery of the Series 2017 Notes. "Trustee" shall mean Wells Fargo Bank, National Association, with its principal office located in the City of Des Moines, Iowa, and its successors and any corporation resulting from or surviving any consolidation or merger to which it or its successors may be a party and any successor trustee under the Program. "Yield Restricted" shall mean required to be invested at a yield that is not materially higher than the yield on the Notes under Section 148(a) of the Internal Revenue Code or regulations issued thereunder. ARTICLE II THE SERIES 2017 NOTES Section 2.1 . Series 2017 Notes-Authorization and Purpose. Pursuant to the provisions of the Master Resolution and in particular Section 8.3 thereof, there are hereby authorized to be issued, negotiable, serial, fully registered Sewer Revenue Capital Loan Notes, Se- ries 2017, in the aggregate principal amount of$3,498,000, dated the date of delivery, for the purpose of constructing the Series 2017 Projects and paying Project Costs relating thereto, and to pay related Costs of Issuance. The Series 2017 Notes shall be issued as Senior SRF Bonds under the terms of the Master Resolution, shall be designated "CITY OF DUBUQUE, IOWA, SEWER REVENUE CAPITAL LOAN NOTES, SERIES 2017", for the purpose of paying costs of the Project. The Council, pursuant to Sections 384.24A and 384.82 of the Code of Iowa, hereby finds and determines that it is necessary and advisable to issue said Notes authorized by the Agreement and this Resolution. The Series 2017 Notes and the Registrar's Certificate of Authentication shall be in sub- stantially the form set forth in Exhibit A attached hereto, with such variations, omissions, substitutions and insertions as are required or permitted by this Series Resolution. The Series 2017 Notes shall be executed by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk of the Council, and shall be fully registered as to both principal and interest as provided in this Series Resolution; principal, interest and premium, if any shall be payable at the office of the Paying Agent by mailing of a check, wire transfer or automated clearing house system 6 transfer to the registered owner of the Bond. The Series 2017 Notes may be in the de- nomination of $1 ,000 or multiples thereof and shall at the request of the Original Pur- chaser be initially issued a single note numbered R-1 in the amount of$3,498,000. Sewer Revenue Capital Loan Notes, Series 2017, of the Issuer in the amount of $3,498,000, shall be issued to evidence the obligations of the Issuer under the Agreement pursuant to the provisions of Sections 384.24A and 384.82 of the Code of Iowa for the aforesaid purpose. The Series 2017 Notes shall be designated "SEWER REVENUE CAP- ITAL LOAN NOTE, SERIES 2017", be dated the date of delivery, and bear interest at the rate of 1 .75% per annum from the date of each advancement made under the Agreement, until payment thereof, at the office of the Paying Agent, said interest payable on Decem- ber 1 , 2017, and semi-annually thereafter on the 1st day of June and December in each year until maturity as set forth on the Debt Service Schedule attached to the Agreement as Exhibit A and incorporated herein by this reference. As set forth on said Debt Service Schedule, principal shall be payable on June 1 , 2018 and annually thereafter on the 1st day of June in the amounts set forth therein until principal and interest are fully paid, except that the final installment of the entire balance of principal and interest, if not sooner paid, shall become due and payable on June 1 , 2037. Notwithstanding the foregoing or any other provision hereof, principal and interest shall be payable as shown on said Debt Service Schedule until completion of the Project, at which time the final Debt Service Schedule shall be determined by the Trustee based upon actual advancements, final costs and completion of the Project, all as provided in the administrative rules governing the Program. Payment of principal and interest on the Notes shall at all times conform to said Debt Service Schedule and the rules of the Program. In addition to the payment of principal of and interest on the Series 2017 Notes, the City also agrees to pay the Initiation Fee and the Servicing Fee as defined and in accord- ance with the terms of the Agreement. Section 2.2. Issuance of Series 2017 Notes in Certificated Form. The Series 2017 Notes shall be issued as Bonds in Authorized Denominations and may at the request of the Original Purchaser be issued in the denomination of$1 ,000 or multiples thereof, or as a single Series 2017 Note in the full authorized amount thereof, and shall be registered in the name of the Original Purchaser. Section 2.3. Appointment of Registrar. The Treasurer is hereby appointed as Registrar for the Series 2017 Notes under the terms of this Series Resolution. Section 2.4. Execution, Authentication and Delivery of the Series 2017 Notes. Upon the adoption of this Resolution, the Mayor and City Clerk shall execute and deliver the Series 2017 Notes to the Registrar, who shall authenticate the same and deliver the same to or upon order of the Original Purchaser. No such Series 2017 Note shall be valid or obligatory for any purpose or shall be entitled to any right or benefit hereunder unless the Registrar shall duly endorse and execute on such Series 2017 Note a Certificate of Au- thentication substantially in the form of the Certificate herein set forth. Such Certificate upon any such Series 2017 Note executed on behalf of the Issuer shall be conclusive evidence that the Series 2017 Note so authenticated has been duly issued under this Series Resolution and that the holder thereof is entitled to the benefits of this Series Res- olution. ARTICLE III REDEMPTION OF BONDS Section 3.1 . Optional Redemption. The Series 2017 Notes are subject to optional re- demption at a price of par plus accrued interest (i) on any date upon receipt of written consent of the Original Purchaser or (ii) in the event that all or substantially all of the Series 2017 Projects are damaged or destroyed. Any optional redemption of the Series 7 2017 Notes may be made from any funds regardless of source, in whole or from time to time in part, in inverse order of maturity, by giving not less than thirty (30) days notice of redemption by certified or registered mail to the Original Purchaser (or any other regis- tered owner of the Series 2017 Notes). The terms of redemption shall be par, plus accrued interest to date of call. The Series 2017 Notes are also subject to mandatory redemption as set forth in Section 5 of the Agreement. ARTICLE IV DELIVERY AND APPLICATION OF PROCEEDS Section 4.1 . Application of Series 2017 Note Proceeds. The Series 2017 Notes shall be delivered as provided in Sections 6.1 and 6.2 and the proceeds thereof shall be applied as follows: (i) An amount sufficient to pay the Costs of Issuance of the Series 2017 Notes shall be deposited into the Series 2017 Costs of Issuance Account. (ii) The balance of proceeds shall be deposited into the Series 2017 Projects Ac- count of the Project Fund and applied thereafter to pay Project Costs of the Series 2017 Projects. Section 4.2. No Adjustment to Debt Service Reserve Requirement. The Series 2017 Notes shall be issued as Senior SRF Bonds under the Master Resolution, and shall not be secured by or payable from amounts held in the Debt Service Reserve Fund estab- lished in the Master Resolution. Upon issuance of the Series 2017 Notes, the amount to be accumulated and maintained in the Debt Service Reserve Fund shall not be increased, but shall continue to remain equal to 100% of the Debt Service Reserve Requirement computed on a basis which includes all Senior Bonds which will be Outstanding immedi- ately after issuance of the Series 2017 Notes and which are not Senior SRF Bonds. ARTICLE V TAX PROVISIONS Section 5.1 . Disposition of Bond Proceeds; Arbitrage Not Permitted. The City reason- ably expects and covenants that no use will be made of the proceeds from the issuance and sale of the Series 2017 Notes issued hereunder which will cause any of the Series 2017 Notes to be classified as arbitrage bonds within the meaning of Section 148(a) and (b) of the Code, and that throughout the term of said Series 2017 Notes it will comply with the requirements of said statute and regulations issued thereunder. To the best knowledge and belief of the City, there are no facts or circumstances that would materially change the foregoing statements or the conclusion that it is not expected that the proceeds of the Series 2017 Notes will be used in a manner that would cause such Bonds to be arbitrage bonds. Without limiting the generality of the foregoing, the City hereby agrees to comply with the provisions of the Tax Exemption Certificate and the provisions of the Tax Exemption Certificate are hereby incorporated by reference as part of this Series Resolution. The Treasurer is hereby directed to make and insert all calcu- lations and determinations necessary to complete the Tax Exemption Certificate in all respects and to execute and deliver the Tax Exemption Certificate at issuance of the Se- ries 2017 Notes to certify as to the reasonable expectations and covenants of the City at that date. The City covenants that it will treat as Yield Restricted any proceeds of the Series 2017 Notes remaining unexpended after three years from the issuance and any other funds required by the Tax Exemption Certificate to be so treated. If any investments are held with respect to the Series 2017 Notes, the City shall treat the same for the purpose of restricted yield as held in proportion to the original principal amounts of each issue. The City covenants that it will exceed any investment yield restriction provided in this Series Resolution only in the event that it shall first obtain an opinion of bond counsel that 8 the proposed investment action will not cause the Series 2017 Notes to be classified as arbitrage bonds under Section 148(a) and (b) of the Code. The City covenants that it will proceed with due diligence to spend the proceeds of the Series 2017 Notes for the purpose set forth in this Series Resolution. The City further covenants that it will make no change in the use of the proceeds available for the con- struction of facilities or change in the use of any portion of the facilities constructed there- from by persons other than the City or the general public unless it has obtained an opinion of bond counsel or a revenue ruling that the proposed project or use will not be of such character as to cause interest on any of the Series 2017 Notes not to be exempt from federal income taxes in the hands of holders under the provisions of the Code. Section 5.2. Additional Covenants, Representations and Warranties of the City. The City certifies and covenants with the purchasers and holders of the Series 2017 Notes from time to time outstanding that the City through its officers, (a) will make such further specific covenants, representations and assurances as may be necessary or advisable; (b) comply with all representations, covenants and assurances contained in the Tax Ex- emption Certificate, which Tax Exemption Certificate shall constitute a part of the contract between the City and the owners of the Series 2017 Notes; (c) consult with bond counsel (as defined in the Tax Exemption Certificate); (d) pay to the United States, as necessary, such sums of money representing required rebates of excess arbitrage profits relating to the Series 2017 Notes; (e) file such forms, statements and supporting documents as may be required and in a timely manner; and (f) if deemed necessary or advisable by its offic- ers, to employ and pay fiscal agents, financial advisors, attorneys and other persons to assist the City in such compliance. ARTICLE VI MISCELLANEOUS PROVISIONS Section 6.1 . Delivery of Series 2017 Notes. The City shall deliver the executed Agree- ment and the Series 2017 Notes to the Original Purchaser at the price of par on the date of Closing. Delivery of the executed Agreement and the Series 2017 Notes shall be made to the Original Purchaser as soon as practicable after the effective date of this Series Resolution. Section 6.2. Approval of Agreement. The Agreement in substantially the form pre- sented at this meeting of the Council is hereby authorized and approved, and the Mayor and City Clerk are authorized to execute and deliver the Agreement, with such changes therein as such officials deem appropriate, for and on behalf of the City, such officers' signatures thereon being conclusive evidence of such officials' and the City's approval thereof. Section 6.3. General Authorization. From and after the date of adoption of this Series Resolution, the officers, employees and agents of the City are hereby authorized to do all such acts and things and to execute and deliver any and all other documents, agree- ments, certificates and instruments relating to the Series 2017 Notes, the investment of the proceeds thereof and the other transactions contemplated on the part of the City by this Series Resolution, including, but not limited to, the Tax Exemption Certificate referred to in Section 5.1 hereof. Section 6.4. Construction. Except to the extent set forth herein, all of the applicable terms, conditions and provisions of the Master Resolution shall be deemed and construed to apply to the Series 2017 Notes and are hereby incorporated by reference and made a part hereof to the same extent as if fully set forth herein. Except as may otherwise be provided herein, the Master Resolution shall remain in full force and effect. 9 Section 6.5. Severability. If any section, paragraph, or provision of this Series Resolu- tion shall be held to be invalid or unenforceable for any reason, the invalidity or unen- forceability of such section, paragraph or provision shall not affect any of the remaining provisions. Section 6.6. Repeal of Conflicting Ordinances or Resolutions and Effective Date. All other ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this Series Resolution are, to the extent of such conflict, hereby repealed; and this Series Resolution shall be in effect from and after its adoption. Passed and approved this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Delinquent Weed/Grass Cutting and Garbage/Junk Removal Collection Accounts: City Manager recommending approval of the levy of special assessments for Weed/Junk/Garbage Enforcement Programs with the Health Services Department from August 25, 2016 to June 15, 2017. Upon motion the documents were received and filed and Resolution No. 233-17 Adopting the Schedule of Assessments for 2017 and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to publish notice thereof was adopted. RESOLUTION NO. 233-17 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 2017 AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOW A: That after full consideration of the Schedule of Assessments attached hereto for weed/grass cutting and junk/garbage removal tax assessments which Schedule of As- sessments was filed in the office of the City Clerk on the 29th day of June, 2017, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to as- sessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Of- fice, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the County Treas- urer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set opposite the name of the property owner. Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10 SCHEDULE OF ASSESSMENTS WEED, JUNK. GARBAGE ENFORCEMENT PROGRAMS From August 25, 2016 - June 15, 2017 Property Address; Owner; Parcel; Legal Description; Contractor; Date cut / cleaned up by contractor; Expense; Admin. Fee; Total 2708 Andrew Ct; Holly Lynch; 2708 Andrew Ct; Dubuque, IA 52001 ; 1 01 4331 001 ; Lot 7 Richards Sub; Dolan; 08/25/2016; $60.00; $25.00; $85.00 Pinard St, Vacant Lot; Ronald Lee Nixon; 27912 Centerville Rd; La Motte, IA 52054; 1 01 340801 6; Lot 1-50 Bellevue Add; Hoyne; 11/11/2016; $45.00; $25.00; $70.00 2721 Elm St; Travis & Kendra Kaiser; 2721 Elm St; Dubuque, IA 52001 ; 1013182023; S1/2 of Lot 191 Glendale add; Dolan; 02/02/2017; $100.00; $25.00; $125.00 Vacant Lot University Ave; Deane C & Manolita Dement P.O. Box 836 Dubuque IA 52004; 1025129016 1025129017; Lot 2-1-1-10 Kelly's Sub & Lot 2-1-11 Kelly's Sub; Do- lan; 05/04/2017; $60.00; $25.00; $85.00 Vacant Lot Air Hill; Louis George Mihalakis 1212 Miller Rd Dubuque IA 52003; 1025130011 ; N 40'-S 1/2-Lot 12, S 35'-S 1/2-Lot 12, & S 60'-Lot 13 all in Kelly's Sub; Dolan; 05/04/2017; $60.00; $25.00; $85.00 2704 Andrew Ct; Mary Ellen Clark; 2704 Andrew Ct; Dubuque, IA 52001 ; 1 01 4331 002; LOT 6 Richard's Sub; Dolan; 05/15/2017; $90.00; $25.00; $115.00 973 Riker St; Gail Szudarski; 973 Riker St; Dubuque, IA 52003; 1025457021 ; Lot 2 Riker Place; Dolan; 05/16/2017; $180.00; $25.00; $205.00 3187 Highland Park Dr.; Scott Lothe; 3187 Highland Park Dr.; Dubuque, IA 52001 ; 1015151009; Lot 10 Blk 1 Highland Park Estates; Dolan; 05/17/2017; $90.00; $25.00; $115.00 2240 Hoyt St; Timothy E Schulte; 2240 Hoyt St Dubuque, IA 52001 ; 1023327001 ; LOT 1-3 Pfohls Sub; Hoyne; 05/18/2017; $78.75; $25.00; $103.75 1100 Roosevelt Ave; Gary Bernhard; 1100 Roosevelt Dubuque, IA 52001 ; 1012201003; LOT 4 Wersinger Sub; Hoyne; 05/18/2017; $78.75; $25.00; $103.75 2815 Davenport St; Anthony Petty; 2815 Davenport St; Dubuque, IA 52001 ; 1014430002; Lot 16 Mc Daniel's Park Hill; Dolan; 05/24/2017; $90.00; $25.00; $115.00 1005 Garfield Ave; Chad Kopp; 3835 Andrea St Dubuque IA 52002; 1118351014; Lot 4 Mc Craney's 2nd Add; Dolan; 06/01/2017; $90.00; $25.00; $115.00 2252 Francis St; Nick E Henkel; 2252 Francis St; Dubuque, IA 52001 ; 1024129007; Lot 15 Tivoli Add; Dolan; 05/31/2017; $85.00; $25.00; $110.00 854 Kaufmann Ave; Michael D Canganelli 854 Kaufmann Ave Dubuque IA 52001 ; 1014453009; Lot 7 Burtons Add; Dolan; 06/02/2017; $180.00; $25.00; $205.00 12 Collins St; Barbara A Keehner 12 Collins St Dubuque IA 52001 ; 1026326001 ; N 29' Lot 48 & Lot 47 O'Neills Sub No 3; Dolan; 05/24/2017; $90.00; $25.00; $115.00 2722 Elm St; Jerome John Jr Meyer 2722 Elm St Dubuque IA 52001 ; 1013183008; Lot 204 Glendale Add; Dolan; 05/25/2017; $90.00; $25.00; $115.00 3478 Kimberly Dr.; Ronald C & Joyce E Steuer; 3478 Kimberly Dr. Dubuque IA 52002; 1021227004; Lot 16 Blk 1 Sunset Park Sub; Dolan; 06/02/2017; $60.00; $25.00; $85.00 714 Ries St; Adam J Shepherd; 714 Ries St; Dubuque, IA 52001 ; 1013406016; Lot 3- 4 Geigers SUB; Dolan; 06/05/2017; $67.50; $25.00; $92.50 Vacant Lot University Ave; Deane C & Manolita Dement; P.O. Box 836; Dubuque IA 52004; 1025129016 1025129017; LOT 2-1-1-10 Kelly's SUB & Lot 2-1-11 Kelly's SUB; Dolan; 06/05/2017; $67.50; $25.00; $92.50 2520 Stafford St; Gary A & Annette R Haas; 2520 Stafford St; Dubuque, IA 52001 ; 1013411005; Lot 2 A Stine's Sub; Dolan; 06/09/2017; $60.00; $25.00; $85.00 11 1015 Rockdale Rd; Wayne M Sharkey 1015 Rockdale Rd Dubuque, IA 52003; 1036403039; Lot 1 A H Oeth Sub #5; Dolan; 06/13/2017; $150.00; $25.00; $175.00 11 . Windsor Avenue Sanitary Sewer Manhole Rehabilitation Project Award: City Man- ager recommending that the award for the 2017 Windsor Avenue Sanitary Sewer Man- hole Project to Drew Cook & Sons Excavating be officially recorded in the minutes of the City Council. Upon motion the documents were received and filed and made a Matter of Record. 12. Accepting a Grant of Easement for Water Main Utility - 14650 Mile Hill Lane: City Manager recommending approval and acceptance of a Grant of Easement for Water Main Utility across Nancy and Thomas Burds' property at 14650 Mile Hill Lane in Dubuque County, Iowa, as part of the Westside Water System Improvements 2017: Contract C Hwy 20 Water Main Extension. Upon motion the documents were received and filed and Res- olution No. 234-17 Accepting a Grant of Easement for Water Main Utility through, over and across part of Lot 1 of Hardie Place, and part of Lot 2-1-1-1 of the SE 1/4 of the SW 1/4 of Section 6, T88N, R2E of the 5th PM, Dubuque County, Iowa was adopted. RESOLUTION NO. 234-17 ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN UTILITY THROUGH, OVER AND ACROSS PART OF LOT 1 OF HARDIE PLACE, AND PART OF LOT 2-1- 1-1 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 6, T88N, R2E OF THE 5TH PM, DUBU- QUE COUNTY, IOWA Whereas, Nancy A. and Thomas P. Burds, have executed a Grant of Easement for Water Main Utility through, over and across part of Lot 1 of Hardie Place, and Part of Lot 2-1-1-1 of the SE 1/4 of the SW 1/4 of Section 6, T88N, R2E of the 5th PM, Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Water Main Utility through, over and across Part of Lot 1 of Hardie Place, and Part of Lot 2-1-1-1 of the SE 1/4 of the SW 1/4 of Section 6, T88N, R2E of the 5th PM, Dubuque County, Iowa as shown on the attached Grant of Easement for Water Main Utility and Exhibit A, from Nancy A. and Thomas P. Burds, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Water Main Utility with the Dubuque County Recorder. Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Phase II 30-inch Forcemain Project Acceptance: City Manager is recommending acceptance of the construction contract for Phase II of the 30 Inch Force Main Relocation Project from 11th Street to 12th Street as completed by Top Grade Excavating, Inc. Upon motion the documents were received and filed and Resolution No. 235-17 Accepting Phase II of the 30-Inch Force Main Relocation Project from 11th Street to 12th Street and authorizing the payment of the contract amount to the Contractor was adopted. 12 RESOLUTION NO. 235-17 ACCEPTING PHASE II OF THE 30-INCH FORCE MAIN RELOCATION PROJECT FROM 11TH STREET TO 12TH STREET AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for Phase II of the 30-Inch Force Main Re- location Project from 11th Street to 12th Street (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Relocation of 30-Inch Force Main around Old Public Works Garage fund for the contract amount of$355,517.76 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF PHASE II OF THE 30- INCH FORCE MAIN RELOCATION PROJECT FROM 11TH STREET TO 12TH STREET The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected Phase II of the 30-Inch Force Main Relocation Project from 11th Street to 12th Street, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $406,085.44. Dated this 28th day of June, 2017. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 3rd day of July, 2017. /s/Kevin S. Firnstahl, City Clerk 14. Keep Iowa Beautiful Home Town Pride Program Partnership Agreement: City Man- ager recommending approval for the Mayor to execute the Keep Iowa Beautiful Home Town Pride Program Partnership Agreement. Upon motion the documents were received and filed and Resolution No. 236-17 Supporting participating in the Grant Wood Loop and Keep Iowa Beautiful Home Town Pride Program Partnership Program was adopted. RESOLUTION NO. 236-17 RESOLUTION SUPPORTING PARTICIPATING IN THE GRANT WOOD LOOP AND KEEP IOWA BEAUTIFUL HOME TOWN PRIDE PROGRAM PARTNERSHIP PRO- GRAM Whereas, Keep Iowa Beautiful (KIB) has agreed to provide grant funding to support community coaching activities through the Home Town Pride Program (HTTP) to the Grant Wood Loop partnership; and 13 Whereas, the objective of the KIB HTTP program is to further the economic and cultural vitality of the region, counties, and the communities by supporting, facilitating, and fur- thering the implementation of area, county, and community plans in a coordinated and partnership strategy; and Whereas, East Central Intergovernmental Association (ECIA) and Jackson County Economic Alliance (JCEA) have entered into discussions and negotiations with KIB to fund a community coach for the Grant Wood Loop partners in Dubuque, Jackson and Jones Counties; and Whereas, the HTTP requires each participating community/county to sign a Partner- ship Agreement which will be in effect for a period of five years with optional renewal on an annual basis dependent on program funding and an annual evaluation by the KIB pro- gram; and Whereas, the KIB program will provide $75,000 a year for five years for Home Town Pride coaching activities with the participating communities/counties contributing the re- quired local match of$25,000 a year for five years split accordingly among the communi- ties; and Whereas, the City of Dubuque, has agreed to become a partner in the Keep Iowa Beautiful Home Town Pride program with the Grant Wood Loop partners and Dubuque Convention and Visitors Bureau has agreed to provide $2,500 per year for five years for the local match for Dubuque. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City of Dubuque supports and endorses the Grant Wood Loop program and part- nership with the Keep Iowa Beautiful Home Town Pride program and agrees to execute the Home Town Pride Partnership Agreement and Dubuque Convention and Visitors Bu- reau pledges the local match as outlined above. Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. Federal Transit Administration Low- or No-Emission Grant Application: City Man- ager recommending approval to submit a $2,206,750 application to the Federal Transit Administration Low- or No-Emission Grant Program to be used toward replacement of 12 of the Jule Transit buses, installation of a time-fill CNG station at the Dubuque Metropoli- tan Area Solid Waste Agency that will capture methane and convert it to vehicle fuel, and the necessary investments in facilities and staff to maintain the new fleet. Upon motion the documents were received and filed and Resolution No. 237-17 Authorizing the City Manager to submit an application to the Federal Transit Administration Low- or No-Emis- sion Grant Program and to use budgeted funds and private business financial commit- ments as the required local match was adopted. RESOLUTION NO. 237-17 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE FEDERAL TRANSIT ADMINISTRATION LOW OR NO EMISSION GRANT PROGRAM AND TO USE BUDGETED FUNDS AND PRIVATE BUSINESS FINANCIAL COMMITMENTS AS THE REQUIRED LOCAL MATCH Whereas, the Federal Transit Administration (FTA) provides funding for the Low or No Emission Bus Discretionary Grant Program to be used for the purchase of low or no emis- sion vehicles and the related equipment and facilities needed to support those vehicles; and 14 Whereas, the FTA grant program requires an 85/15 match (85% federal funds; 15% local funds) for acquiring vehicles and a 90/10 match (90% federal funds; 10% local funds) for supporting equipment and facilities; and Whereas, the City Council has directed staff to pursue the development of renewable natural gas supplies ("BioCNG') at the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) and Water & Resource Recovery Center and the conversion of fleet to alter- native fuel sources as part of an overall strategy to meet its 50% by 2030 greenhouse gas reduction and air quality improvement goals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IA: Section 1 . That the City Council of the City of Dubuque, Iowa, hereby authorizes the City Manager to submit an application to the FTA Low-or No-Emission Grant Program for the purchase of twelve (12) Jule Transit buses, installation of a time-fill CNG fueling sta- tion at the DMASWA, and improvements to the Jule bus storage facility and Municipal Services Center facility necessary to house and service the vehicles for a total federal grant request of$2,234,350. Section 2. The City Council also agrees to provide the local required match as commit- ted in the full application in the amount of$524,400. An additional $4,750,000 commitment has been secured from private sector partners investing in the project. Section 3. The City also agrees to be responsible for adequately maintaining and op- erating the buses through staff training and maintenance level budgeting. Section 4. The City Manager is authorized to sign, on behalf of the City Council, the application for the FTA grant. Passed, approved, and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Iowa Commission on Volunteer Service 2017-18 AmeriCorps Grant Application for Summer 2018: City Manager recommending approval of the Iowa Commission on Volun- teer Service 2017-18 AmeriCorps Grant application (AmeriCorps Partners in Learning Summer Program). Upon motion the documents were received, filed and approved. 17. Iowa Department of Transportation Supplemental Agreements: City Manager rec- ommending approval of several Iowa Department of Transportation Supplemental Agree- ments for Local Primary Highway Maintenance, Pavement Markings, Julien Dubuque Bridge Sidewalk Maintenance, Street Sweeping Maintenance and Traffic Signal Mainte- nance between the Iowa DOT and the City of Dubuque. Upon motion the documents were received, filed and approved. 18. Assignment of Development Agreement - 299 Main Street: City Manager recom- mending approval of an assignment of the Development Agreement with 73 CHS For- wards LLC to Barker Financial, LLC for the property located at 299 Main Street (Cooper Wagon Works Building). Upon motion the documents were received and filed and Reso- lution No. 238-17 Approving the Assignment of the Development Agreement Between the City of Dubuque and 73 CHS Forwards, LLC from 73 CHS Forwards, LLC to Barker Fi- nancial, LLC was adopted. 15 RESOLUTION NO. 238-17 APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE AND 73 CHS FORWARDS, LLC FROM 73 CHS FORWARDS, LLC TO BARKER FINANCIAL, LLC Whereas, the City Council of the City of Dubuque, by Resolution No. 333-10, dated August 16, 2010 entered into a Development Agreement with 73 CHS Forwards, LLC (Developer); and Whereas, pursuant to the Development Agreement Developer provided certain im- provements to real estate owned by 73 CHS Forwards, LLC, known locally as the Cooper Wagon Works Building located at 299 Main Street, Dubuque, Iowa (the Property); and Whereas, the Property has been deeded to Barker Financial, LLC, an Iowa limited lia- bility company; and Whereas, Developer desires to assign the Development Agreement to Barker Finan- cial, LLC pursuant to the Assignment attached hereto following the sale of the Property; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Assignment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The Assignment is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Assignment on behalf of the City of Dubuque. Section 3. The City Clerk's Office is authorized and directed to record this resolution and the Assignment with the Dubuque County Recorder. Passed, approved and adopted the 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Purchase of Services Grant Agreement - Dubuque County ISU Extension: City Manager recommending approval of a Purchase of Services Grant Agreement with Dubu- que County ISU Extension for Fiscal Year 2018. Upon motion the documents were re- ceived, filed and approved. 20. Purchase of Services Grant Agreement - Four Mounds Foundation: City Manager recommending approval of a Purchase of Services Grant Agreement with Four Mounds Foundation for the Day Camp Program as part of the summer Neighborhood Recreation Program for Fiscal Year 2018. Upon motion the documents were received, filed and ap- proved. 21 . Purchase of Services Grant Agreement - Northeast Iowa School of Music: City Manager recommending approval of a Purchase of Services Grant Agreement with North- east Iowa School of Music for part of the Neighborhood Recreation Program for Fiscal Year 2018. Upon motion the documents were received, filed and approved. 22. Fiscal Year 2017 Dubuque Industrial Center Urban Renewal Area Advance of Tax Increment Financing Funds: City Manager recommending approval of the suggested pro- ceedings approving an advance of funds for repayment from the Dubuque Industrial Cen- ter Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19. Upon motion the documents were received and filed 16 and Resolution No. 239-17 Approving the advance of funds for repayment from the Dubu- que Industrial Center Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19 was adopted. RESOLUTION NO. 239-17 RESOLUTION APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE DUBUQUE INDUSTRIAL CENTER URBAN RENEWAL TAX INCREMENT REVE- NUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 Whereas, the City of Dubuque, Iowa has established the Dubuque Industrial Center Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, consisting generally of recording fees and legal services (the "Project"); and Whereas, in order to advance funds for the Project Costs, it is necessary to make cer- tain findings under Chapter 403; and Whereas, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and Whereas, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of$18,808.49. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1 . Pursuant to Ordinance No. 70-08 there has been heretofore established the Dubuque Industrial Center Urban Renewal Area Tax Increment Revenue Fund (the "Tax Increment Fund"), into which all incremental property tax revenues received from the Dubuque Industrial Center Urban Renewal Area are deposited. The Council finds the Pro- ject to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby determined that $18,808.49 has been or will be advanced during Fiscal Year 2017 to the Dubuque Industrial Center Urban Renewal Area Tax Increment Fund from the General Fund in order to pay the Project Costs. The advances collectively shall be treated as an internal loan (the "Loan") to the Dubuque Industrial Center Urban Renewal Fund and shall be repaid to the General Fund, from the first available tax incre- ment revenues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, ad- vance and transfer of funds for the Project Costs, certification for reimbursement under Iowa Code Section 403.19 and compliance under Iowa Code Section 403.22. Passed and approved by the city council of the City of Dubuque, Iowa, this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 23. Fiscal Year 2017 Greater Downtown Urban Renewal Area Advance of Tax Incre- ment Financing Funds: City Manager recommending approval of the suggested proceed- ings approving an advance of funds for repayment from the Greater Downtown Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.19. Upon motion the documents were received and filed and Resolu- 17 tion No. 240-17 Approving the advance of funds for repayment from the Greater Down- town District Urban Renewal Tax Increment Revenue Fund and directing the filing of the certifications under Iowa Code Section 403.19 was adopted. RESOLUTION NO. 240-17 RESOLUTION APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE GREATER DOWNTOWN DISTRICT URBAN RENEWAL TAX INCREMENT REV- ENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 Whereas, the City of Dubuque, Iowa has established the Greater Downtown District Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain urban re- newal projects within the Urban Renewal Area, and has incurred various related costs in connection with such projects consisting generally of stormwater fees and legal services described on the attached schedule prepared by the Budget Director(the "Project Costs"); and Whereas, in order to advance funds for the Project Costs, it is necessary to make cer- tain findings under Chapter 403; and Whereas, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and Whereas, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of$18,454.91 . NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1 . Pursuant to Ordinance No. 33-11 there has been heretofore established the Greater Downtown Urban Renewal Area Tax Increment Revenue Fund (the "Tax Incre- ment Fund"), into which all incremental property tax revenues received from the Greater Downtown Urban Renewal Area are deposited. The Council finds the Project Costs to be eligible urban renewal project expenses as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project Costs. Section 2. It is hereby determined that $18,545.91 has been or will be advanced during Fiscal Year 2017 to the Greater Downtown Urban Renewal Area Tax Increment Fund from the General Fund in order to pay the Project Costs. The advances collectively shall be treated as an internal loan (the "Loan") to the Greater Downtown Urban Renewal Fund and shall be repaid to the General Fund, from the first available tax increment revenues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, ad- vance and transfer of funds for the Project Costs, certification for reimbursement under Iowa Code Section 403.19 and compliance under Iowa Code Section 403.22. Passed and approved by the city council of the City of Dubuque, Iowa, this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. Fiscal Year 2017 Derby Grange Road Urban Renewal Area Advance of Tax Incre- ment Financing Funds: City Manager recommending approval of the suggested proceed- ings approving an advance of funds for repayment from the Derby Grange Road Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under 18 Iowa Code Section 403.17. Upon motion the documents were received and filed and Res- olution No. 241-17 Approving the advance of funds for repayment from the Derby Grange Road Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under Iowa Code Section 403.17 was adopted. RESOLUTION NO. 241-17 RESOLUTION APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE DERBY GRANGE ROAD HOUSING URBAN RENEWAL TAX INCREMENT REV- ENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.17 Whereas, the City of Dubuque, Iowa has established the Derby Grange Road Housing Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain urban re- newal projects within the Urban Renewal Area, and has incurred various related costs in connection with such projects consisting generally of legal services described on the at- tached schedule prepared by the Budget Director (the "Project Costs"); and Whereas, in order to advance funds for the Project Costs, it is necessary to make cer- tain findings under Chapter 403; and Whereas, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.17; and Whereas, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of$4,579.19. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1 . Pursuant to Ordinance No. 133-17 there has been heretofore established the Derby Grange Road Housing Urban Renewal Area Tax Increment Revenue Fund (the "Tax Increment Fund"), into which all incremental property tax revenues received from the Derby Grange Road Housing Urban Renewal Area are deposited. The Council finds the Project Costs to be eligible urban renewal project expenses as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project Costs. Section 2. It is hereby determined that $4,579.19 has been or will be advanced during Fiscal Year 2017 to the Derby Grange Road Housing Urban Renewal Area Tax Increment Fund from the General Fund in order to pay the Project Costs. The advances collectively shall be treated as an internal loan (the "Loan")to the Derby Grange Road Housing Urban Renewal Fund and shall be repaid to the General Fund, from the first available tax incre- ment revenues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, ad- vance and transfer of funds for the Project Costs, certification for reimbursement under Iowa Code Section 403.17 and compliance under Iowa Code Section 403.22. Passed and approved by the City Council of the City of Dubuque, Iowa, this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 25. Fiscal Year 2017 South Pointe Housing Urban Renewal Area Advance of Tax In- crement Financing Funds: City Manager recommending approval of the suggested pro- ceedings approving an advance of funds for repayment from the South Pointe Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certification under 19 Iowa Code Section 403.17. Upon motion the documents were received and filed and Res- olution No. 242-17 Approving the advance of funds for repayment from the South Pointe Housing Urban Renewal Tax Increment Revenue Fund and directing the filing of certifi- cation under Iowa Code Section 403.17 was adopted. RESOLUTION NO. 242-17 RESOLUTION APPROVING THE ADVANCE OF FUNDS FOR REPAYMENT FROM THE SOUTH POINTE HOUSING URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SEC- TION 403.17 Whereas, the City of Dubuque, Iowa has established the South Pointe Housing Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain urban renewal pro- jects within the Urban Renewal Area, and has incurred various related costs in connection with such projects consisting generally of legal services described on the attached sched- ule prepared by the Budget Director (the "Project Costs"); and Whereas, in order to advance funds for the Project Costs, it is necessary to make cer- tain findings under Chapter 403; and Whereas, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.17; and Whereas, the amount of funds to be advanced for the Project Costs shall not exceed the aggregate amount of$2,390.70. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Dubuque, Iowa, as follows: Section 1 . Pursuant to Ordinance No. 101-17 there has been heretofore established the South Pointe Housing Urban Renewal Area Tax Increment Revenue Fund (the "Tax Increment Fund"), into which all incremental property tax revenues received from the South Pointe Housing Urban Renewal Area are deposited. The Council finds the Project Costs to be eligible urban renewal project expenses as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project Costs. Section 2. It is hereby determined that $2,390.70 has been or will be advanced during Fiscal Year 2017 to the South Pointe Housing Urban Renewal Area Tax Increment Fund from the General Fund in order to pay the Project Costs. The advances collectively shall be treated as an internal loan (the "Loan") to the South Pointe Housing Urban Renewal Fund and shall be repaid to the General Fund, from the first available tax increment rev- enues. Section 3. The Budget Director, and other City officials having responsibility for the books and records of the City, shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, ad- vance and transfer of funds for the Project Costs, certification for reimbursement under Iowa Code Section 403.17 and compliance under Iowa Code Section 403.22. Passed and approved by the City Council of the City of Dubuque, Iowa, this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 26. City Assessor's Office - Notification of Property Tax Appeals: Correspondence from City Assessor Rick Engelken advising the City of 12 property tax appeals before the Iowa Property Assessment Board or the District Court. Upon motion the documents were re- ceived and filed. 20 27. Appointment to Housing Trust Fund Advisory Committee: Housing Commission recommending approval to appoint Commissioner Brett Shaw as the Commission's rep- resentative on the Housing Trust Fund Advisory Committee. Upon motion the documents were received, filed and approved. 28. Improvement Contracts / Performance, Payment and Maintenance Bonds: Insi- tuform Technologies USA, LLC for the 2107 (CIPP) Sanitary Sewer Lining Project; John C. Kaiser Company for the Grand River Center First Floor Concourse Painting Project; Tschiggfrie Excavating, Inc. for the Timber Ridge/Rustic Point Water Main Extension 2017 Project; Volkens Excavating, Inc. for the Hwy 20 Conduit Project - Wacker Drive to Hill Street. Upon motion the documents were received, filed and approved. 29. Signed Contracts: Parking License Agreement with Q Casino for the City lot bor- dered by 16th Street, Sycamore Street and the Hwy 61/151 overpass. Upon motion the documents were received and filed. 30. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing the City of programming changes implemented on or about July 15, 2017. Upon motion the documents were received and filed. 31 . Settlement Agreement —Ainley Kennels Fabrication, Inc., et al. v. City of Dubuque: City Attorney recommending approval of a Settlement Agreement and Mutual Release of All Claims and that the Finance Director be authorized to issue rebates. Upon motion the documents were received, filed and approved. 32. Alcohol Compliance Civil Penalty for Alcohol License Holder — Fat Tuesday's: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Fat Tuesday's, 1121 University Avenue. Upon motion the documents were received, filed and approved. 33. Alcohol Compliance Civil Penalty for Alcohol License Holder— Friendly Locust Mart: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Friendly Locust Mart, 408 West Locust Street. Upon motion the documents were received, filed and approved. 34. Alcohol Compliance Civil Penalty for Alcohol License Holder — The Smokestack: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for the Smokestack, 62 E. 7th Street. Upon motion the documents were received, filed and approved. 35. 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. 243-17 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. 244-17 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A were adopted. 21 RESOLUTION NO. 243-17 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED 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 Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Casey's General Store 4003 Peru Rd. Class E Liquor, Class B Wine, #2421 4 Class C Beer (Sunday) Casey's General Store 2699 Rockdale Rd. Class E Liquor, Class B Wine, #2420 4 Class C Beer (Sunday) Fas Mart #5159 2175 Central Ave. Class E Liquor, Class B Wine, Class C Beer (Sunday) House of China Co 170 J. F. Kennedy Rd. Class C Liquor (Sunday) Knicker's Saloon 2186 Central Ave. Class C Liquor (Living Qtrs.) (Outdoor) (Sunday) Vinny Vanucchis Little Italy 164 Main St. Class C Liquor, Class B Wine (Sunday) New Millwork Marketplace 333 Eastl0th St. Class C Liquor (Living Qtrs.) (8-Month license) (Outdoor) (Sunday) Special Events Dubuque Irish Hooley 8-25 + Alliant Amphitheater Class C Liquor (Outdoor) Mason Dixon Saloon 8-18 + 2700 Northview Dr. Class B Beer (Outdoor) National Mississippi River 350 East 3rd St Special Class C Liquor (Out- Museum & Aquarium 8-2 door) Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 244-17 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE /VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 22 Section 1 . The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Business Name Business Location Awn Stop Mart #3 408 W. Locust St. j Awn Stop Mart, Inc. 1998 Jackson St. Dubuque Quick Stop Mart ', 1401 Central Ave. Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1 . Dubuque Regional Airport Rental Car Parking Lot Project — Initiate: City Manager recommending initiation of the public bidding procedure for the Dubuque Airport Rental Car Parking Lot Project 2017, and further recommends that a public hearing be set for July 17, 2017. Upon motion the documents were received and filed and Resolution No. 245-17 Dubuque Airport Rental Car Parking Lot Project 2017 Preliminary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; setting date of Public Hear- ing on Plans, Specifications, Form of Contract, and Estimated Cost; and ordering the ad- vertisement for bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on July 17, 2017 in the Historic Federal Building. RESOLUTION NO. 245-17 DUBUQUE AIRPORT RENTAL CAR PARKING LOT PROJECT 2017 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Dubu- que Airport Rental Car Parking Lot Project 2017 in the estimated amount $209,955.21 , are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 17th day of July, 2017, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. Dubuque Airport Rental Car Parking Lot Project 2017 is hereby ordered to be adver- tised for bids for construction. 23 The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will occur not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 27th day of July 2017. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 7th day of August, 2017, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Phase I Storm Sewer Improvement Project — Initiate: City Manager recommending the initiation of the public bidding procedure for the Phase I 17th Street Storm Sewer Improvements Project, and further recommends that a public hearing be set for July 17, 2017. Upon motion the documents were received and filed and Resolution No. 246-17 Phase 117th Street Storm Sewer Improvements Project - 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 advertise- ment for bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on July 17, 2017 in the Historic Federal Building. RESOLUTION NO. 246-17 PHASE I 17TH STREET STORM SEWER IMPROVEMENTS PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECI- FICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Phase I 17th Street Storm Sewer Improvements Project in the estimated amount of $1 ,677,530.00 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 17th day of July, 2017, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The Phase I 17th Street Storm Sewer Improvements Project is hereby ordered to be advertised for bids for construction. 24 The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 27th day of July, 2017. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 7th day of August, 2017, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Black Hills Energy Grant of Easement: City Manager recommending the City Council set a public hearing for July 17, 2017, to approve a Grant of Easement to Black Hills Energy to facilitate connection of the gas system being constructed by BRD Three, LLC at the Water& Resource Recovery Center to Black Hills Energy's Dubuque Gas Distribu- tion System. Upon motion the documents were received and filed and Resolution No. 247-17 Intent to Dispose of an Interest in City Of Dubuque Real Estate pursuant to an easement granted by the City Of Dubuque to Black Hills/Iowa Gas Utility Company, LLC DBA Black Hills Energy to facilitate connection of the gas system being constructed by BRD Three, LLC at the Water Resource and Recovery Center to Black Hill Energy's Dubuque Gas Distribution System and fixing the date for a public hearing 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 July 17, 2017 in the Historic Federal Building. RESOLUTION NO. 247-17 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE PUR- SUANT TO AN EASEMENT GRANTED BY THE CITY OF DUBUQUE TO BLACK HILLS/IOWA GAS UTILITY COMPANY, LLC DBA BLACK HILLS ENERGY TO FACIL- ITATE CONNECTION OF THE GAS SYSTEM BEING CONSTRUCTED BY BRD THREE, LLC AT THE WATER RESOURCE AND RECOVERY CENTER TO BLACK HILL ENERGY'S DUBUQUE GAS DISTRIBUTION SYSTEM AND FIXING THE DATE FOR A PUBLIC HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque has entered into a Lease and a Gas System Develop- ment and Operating Agreement with BRD Three, LLC for the construction and operation of a Gas System at the Dubuque Water & Resource Recovery Center as described therein; and Whereas, BRD Three, LLC and Black Hills/Iowa Gas Utility Company, LLC dba Black Hills Energy have entered into a Facilities Interconnection and Operating Agreement to connect the Gas System to Black Hill Energy's Dubuque Gas Distribution System; and Whereas, Black Hills Energy has requested that the City of Dubuque grant to Black Hills Energy an easement to facilitate connection of the Gas System to Black Hill Energy's Dubuque Gas Distribution System; and Whereas, Black Hills Energy and the City have tentatively agreed to the terms of an Easement for the easement area shown on Exhibit A attached thereto, which is located on the following described real property: 25 Part of Lot 1 of Lot 1 of the NE Fract. 1/4 of the NW 1/4 of Sec. 6, T88N, R3E; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Easement; and Whereas, the Iowa Code requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The City of Dubuque intends to dispose of its interest in the foregoing-de- scribed property by Easement to Black Hills Energy. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing-described property, to be held on the 17th day of July, 2017, at 6:00 p.m. in the City Council Chambers at the Historic Federal Build- ing, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publica- tion to be not less than four days nor more than twenty days before the date of said meet- ing on the disposal of the City's interest in the property. Section 4. That the notice of the proposed action shall be in substantially the form attached hereto. Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Derby Grange Road Amended Urban Renewal Plan — Initiate: City Manager recom- mending approval of a Resolution of Necessity that finds that Amendment No. 1 to the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area is both necessary and appropriate and sets a public hearing on Amendment No. 1 for August 7, 2017. Upon motion the documents were received and filed and Resolution No. 248-17 Resolution of Necessity finding that certain property is an Economic Development Area and that the development of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa, and setting a date for hearing on a proposed Amendment No. 1 to the Urban Renewal Plan was adopted setting a public hearing for a meeting to com- mence at 6:00 p.m. on August 7, 2017 in the Historic Federal Building. RESOLUTION NO. 248-17 RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IS AN ECO- NOMIC DEVELOPMENT AREA AND THAT THE DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING A DATE FOR HEARING ON A PROPOSED AMENDMENT NO. 1 TO THE URBAN RENEWAL PLAN Whereas, by Resolution No. 133-17 adopted April 3, 2017, and Resolution No. 133- 17-A adopted April 17, 2017, the City Council of the City of Dubuque found and deter- mined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Urban Renewal Plan (the "Urban Renewal Plan" or "Plan") for the Derby Grange Road Housing Urban Renewal Area (the "Urban Renewal Area" or "Area") described therein; and 26 Whereas, the City Council of the City of Dubuque has determined that the amendment of the Urban Renewal Area will stimulate, through public involvement and commitment, private investment in new housing and residential development as defined by Iowa Code 403.17(12), as described in the Urban Renewal Plan; and Whereas, the City Council has determined that the area described in Attachment A to this Resolution (the "Amendment No. 1 Area") meets the definition of an economic devel- opment area as defined in Chapter 403 "Urban Renewal" of the Iowa Code; and Whereas, a significant need for housing units exists in the community and local re- sources are needed to advance the development; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the proposed Amendment No. 1 Area, generally described in Attach- ment A to this Resolution, is an economic development area as defined by Chapter 403 of the Iowa Code, appropriate for public improvements related to housing and residential development, and is appropriate for an urban renewal project. Section 2. That the development of the Urban Renewal Area, as amended, is neces- sary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local community objectives. Section 3. That the development of the Urban Renewal Area, as amended, will provide new opportunities for quality housing and job creation in the community. Section 4. That the City Manager is authorized and directed to prepare an Amendment No. 1 to the Urban Renewal Plan for the Urban Renewal Area, to forward said Plan to the City's Long Range Planning Commission for review and comment and to begin the con- sultation process required by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amendment No. 1 to the Urban Renewal Plan for the Urban Renewal Area to be held on the 7th day of August, 2017, at 6:00 p.m. in the Historic Federal Building in Dubuque, Iowa, 350 W. 6th Street, Dubuque, Iowa and that said notice shall generally identify the area covered by Amendment No. 1 and the general scope of the Urban Re- newal Plan activities planned for such area. Section 6. That the City Clerk is further directed to send by ordinary mail a copy of said Amendment No. 1 and notice of public hearing to the Dubuque Community School District and the County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Appointments will be made at the next City Council meeting. 27 1 . Housing Commission: One, 3-year term through August 17, 2020 (Expiring terms of Baumhover). Applicant: Richard Baumhover, 601 Garfield Ave. Mr. Baumhover spoke in support of his appointment. 2. Resilient Community Advisory Commission: One, 3-year term through June 30, 2020 (Expiring term of Kennicker). Applicant: Robin Kennicker, 2929 Elm St. (Qualifies as Com- mission Representative). Ms. Kennicker spoke in support of her appointment. 3. Transit Advisory Board: One, 3-year term through July 30, 2020 (Expiring term of Serna). Applicant: Dora Serna, 2160 Marion St. Appointment was made to the following Commission. 4. Park and Recreation Advisory Commission: Tie-Breaker correcting the vote from the June 19, 2017 City Council meeting. One, 3-year term through June 30, 2020 (Expired Term of Hoffmann). Applicants: Rebecca Kuhle, 2566 Pearl St.; Luke Roth, 904 Barbara- lee Dr. Upon roll-call vote, Rebecca Kuhle was appointed to a 3-year term through June 20, 2020. (Kuhle = Resnick, Del Toro, Rios, Buol, Jones; Roth = Lynch, Connors). PUBLIC HEARINGS 1 . Intent to Dispose of City Property / Property Exchange Agreement - Creek Wood Park: Proof of publication on notice of public hearing to approve the disposal of an interest in City of Dubuque real estate located along Creek Wood Drive pursuant to a Property Exchange Agreement between the City of Dubuque and Jeff and Jill Reimer and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 249-17 Disposing of an interest in real property by Deed to Jeff and Jill Reimer. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 249-17 DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED TO JEFF AND JILL REIMER Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 2 of Timber-Hyrst Place # 2 in the City of Dubuque, Iowa; and Whereas, City and Jeff and Jill Reimer (Reimers) have entered into a Property Ex- change Agreement (the Agreement), to facilitate construction of Creek Wood Park in Tim- ber Hyrst Subdivision; and Whereas, the City Council has approved said Property Exchange Agreement by Res- olution No. 137-17 and the Mayor has executed said agreement on behalf of the City; and Whereas, on July 5, 2017, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The Mayor is hereby authorized and directed to execute a Special Warranty Deed disposing of all of the City's right, title and interest in the Property to Jeff and Jill Reimer. 28 Section 2. The City Manager and the City Attorney are authorized to take such further action as is necessary to finalize the sale of the Property. Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Vacate of Right-of-Way - E. 17th Street; Proof of publication on notice of public hear- ing to approve disposal of the E. 17th Street right-of-way between Elm Streets and Pine Streets to METX, LLC and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 250-17 Vacating a portion of E. 17th Street between Elm Street and Pine Street, to be known as Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa; and Resolution No. 251-17 Disposing of City interest in Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa. Se- conded by Jones. Motion carried 7-0. RESOLUTION NO. 250-17 RESOLUTION VACATING A PORTION OF E 17TH STREET BETWEEN ELM STREET AND PINE STREET, TO BE KNOWN AS LOT 176A OF EAST DUBUQUE ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Metx, LLC has requested the vacating of a portion of E. 17th Street between Elm Street and Pine Street; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated June 13, 2017 prepared by IIW, PC, describing the proposed vacated street right of way, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 23rd day of June, 2017, the City Council of the City of Dubu- que, Iowa met on the 5th day of July, 2017, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacated portion of E. 17th Street Right of Way to be known as Lot 176A of East Dubuque Addition, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the real estate described as Lot 176A of East Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 251-17 RESOLUTION DISPOSING OF CITY INTEREST IN LOT 176A OF EAST DUBUQUE ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 23rd day of June, 2017, the City Council of the City of Dubu- que, Iowa met on the 5th day of July, 2017, at 6:00 p.m. in the Historic Federal Building 29 Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the sale of City of Dubuque real property described as Lot 176A of East Dubuque Addition, in the City of Dubuque, Iowa, Metx, LLC be and the same is hereby approved. Conveyance shall be by Quit Claim Deed. Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Metx, LLC Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 5th day of July. 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS 1 . Code of Ordinances Amendment - Titles 7 & 10 Firearms, Fireworks and Environ- mental Stewardship Advisory Commission (Third Reading): 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 10-5B-12, Possession of Firearms, Weapons and Fireworks. Motion by Jones for final consideration and passage of Ordinance No. 29-17 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 Fire- works; Ordinance No. 30-17 Amending City of Dubuque Code of Ordinances Title 7 Po- lice, Fire and Public Safety, Chapter 5 Offenses, Article A General Offenses, Section 7- 5A-16 Hunting and Target Practice Permitted; and Ordinance No. 31-17 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10-5B-12 Possession of Firearms, Weap- ons and Fireworks. Seconded by Connors. Motion carried 5-2 with Del Toro and Rios voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 29-17 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . Section 7-5A-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-5A-10: PROJECTILES, SLINGSHOTS, KNUCKLES OF METAL OR OTHER MATE- RIAL, OTHER WEAPONS, AND FIREWORKS: A. Shooting Projectiles: 30 1 . Prohibition: It shall be unlawful for any person within the corporate limits of the city to willfully or carelessly throw, shoot, or launch any stone, stick, projectile, or other missile in such a manner as to hit, injure, or endanger any person or property. 2. Deer Hunting Excepted: Nothing herein shall prohibit the hunting with bow and arrow of deer by persons licensed by and during the period of time authorized by the Iowa department of natural resources and issued a permit by the city in accordance with the deer management program adopted by the city manager or city manager's designee. B. Slingshots, Knuckles of Metal or Other Material, Air Gun, Spring-Loaded Gun, Rep- lica Firearms, and Other Weapons: It shall be unlawful for any person to carry or conceal about their person any slingshot, knuckles of metal or other material, air gun, spring loaded gun, replica firearm represented as a real firearm, or any other weapon other than a knife, when such weapon is represented to be carried for the purpose of protection or use as a weapon. C. Discharging Firearms and Fireworks: 1 . Definition: The term "fireworks" includes any device, other than a novelty or the- atrical pyrotechnic article, intended to produce visible and/or audible effects by com- bustion, deflagration, or detonation and includes blank cartridges, firecrackers, torpe- does, skyrockets, roman candles or other fireworks of like construction and fireworks containing any explosive or flammable compound, or other device containing any ex- plosive substance. The term "fireworks" does not include products defined as "novel- ties" including party poppers, snappers, toy smoke devices, snakes, glow worms, wire sparklers, dipped sticks, and toy caps. 2. Prohibition: No person shall discharge or fire any cannon, gun, bomb, pistol, air gun, spring loaded gun, or other firearms or set off or burn firecrackers, torpedoes, skyrockets, roman candles, or other fireworks of like construction or any fireworks con- taining any explosive or flammable compound, or other device containing any explo- sive. Discharge or firing of air guns or spring loaded guns used for training, recreational, or competitive events is allowed in accordance with section 7-5A-16 of this article. 3. Fireworks Display Permit: The city council may, upon application in writing, grant a permit for the display and use of display fireworks by any organization or groups of individuals when such fireworks display will be handled by a competent operator. 4. Firing Range Permit: The city council may, upon application in writing, grant a permit for the operation of a firing range in which the discharge of firearms for training, recreational or competitive events would be allowed upon showing that the range would be under the direction of a competent organization, group or individual. 5. Firearms Used to Control Rodent Or Animal Problems: In the interest of public health and safety and at such times as approved by the chief of police, the police or their designee may use firearms to control rodent or animal problems when it is evident that conventional control methods have not resolved the problem. 6. Blank Cartridge Use for Shows: Nothing herein shall be construed to prohibit the use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads, or trucks, for signal purposes, or by a recognized military organization; and provided further, that nothing in this subsection shall apply to any substance or composition prepared and used for medicinal or fumigation purposes. 7. A person or entity selling fireworks within the corporate city limits must provide the city fire department with a copy of the seller's state-issued license to sell fireworks and proof of insurance as required by state code. A fireworks seller must also display signage on the seller's premises which states that the use of fireworks is prohibited within corporate city limits. 31 Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 5th day of July, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of July, 2017. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 30-17 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . Section 7-5A-16 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-5A-16: HUNTING AND TARGET PRACTICE PERMITTED: C. Bow and Arrow Hunting: 1 . Permitted: Bow and arrow hunting will be allowed within city limits in accord- ance with the deer management program adopted by the city manager or city man- ager's designee. 2. Exception: An exception to these rules may be granted if approved through a city of Dubuque special events permit. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 5th day of July, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of July, 2017. /s/Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 31-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REGU- LATIONS, SECTION 10-5B-12 POSSESSION OF FIREARMS, WEAPONS AND FIRE- WORKS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . Section 10-5B-12 of the City of Dubuque Code of Ordinances is amended to read as follows: 10-5B-12: POSSESSION OF WEAPONS AND FIREWORKS: A. Prohibition: The possession of air rifles, bows and arrows, pellet guns or slingshots, or fireworks of any description by any person within the limits of any park, parkway, trail, or open space is hereby prohibited unless authorized through the issuance of a city spe- cial events permit under chapter 4 of this title. B. Deer Hunting with Bow and Arrow: 32 1 . On City Property: Bow and arrow hunting will only be allowed on city property in accordance with the deer management program adopted by the city manager or city manager's designee. 2. Exception: An exception to these rules may be granted if approved through a City of Dubuque special events permit. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 5th day of July, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of July, 2017. /s/Kevin S. Firnstahl, City Clerk 2. Code of Ordinances Amendment -Titles 6 and 14 Vacant and Abandoned Buildings: City Manager recommending an ordinance amendment to make the definition of an Aban- doned Building the same in Title 6 and Title 14. 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. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 32-17 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 4, Nuisances, Section 6-4-2 Definitions and Title 14 Building and Development, Chapter 4 Licensing of Vacant and/or Abandoned Buildings, Section 14-14-1 Definitions. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 32-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUS- ING, SANITATION AND ENVIRONMENT, CHAPTER 4 NUISANCES, SECTION 6-4-2 DEFINITIONS AND TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 4 LICENS- ING OF VACANT AND/OR ABANDONED BUILDINGS, SECTION 14-4-1 DEFINITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . Section 6-4-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 6-4-2: DEFINITIONS: As used in this chapter, the following definitions shall apply: ABANDONED BUILDING: Any building or portion thereof which has stood with an in- complete exterior shell for six (6) months or longer which meets one or more of the fol- lowing criteria: A. Is unsecured; B. Is unoccupied; or C. Is in violation of the International Property Maintenance Code, International Build- ing Code, or International Fire Code adopted by the city of Dubuque. Section 2. Section 14-4-1 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-4-1 : DEFINITIONS: For the purpose of this chapter, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the building code or the property maintenance code. Where terms are not defined, they shall have their 33 ordinary accepted meanings within the context in which they are used. Unless otherwise expressly stated or unless the context clearly indicates a different intent, the following terms shall, for the purpose of this chapter, have the following meanings: ABANDONED BUILDING: Any building or portion thereof which has stood with an in- complete exterior shell for six (6) months or longer which meets one or more of the fol- lowing criteria: A. Is unsecured; B. Is unoccupied; or C. Is in violation of the International Property Maintenance Code, International Build- ing Code, or International Fire Code adopted by the city of Dubuque. Section 3. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 5th day of July, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of July, 2017. /s/Kevin S. Firnstahl, City Clerk 3. Code of Ordinances Amendment - Title 9 Residential Parking Permit Districts: City Manager recommending amendments to the city of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program. Motion by Jones to amend the ordinance to change the peak-period curbside parking threshold from eighty (80%) percent to seventy (70%) percent as a criterion for the parking study that results from receipt of a petition. Seconded by Del Toro. City Engineer Gus Psihoyos and City Attorney Brumwell responded to questions from the City Council re- garding the threshold percentage, the impact on current parking districts, and that this amendment only effects the creation of new parking districts. Motion carried 6-1 with Res- nick voting nay. 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 Del Toro. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 33-17 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Park- ing, Division 7 Residential Parking Permit Program, Section 9-14-321 .722 Residential Parking Permit Program Established. Seconded by Del Toro. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 33-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 9-14-321.722 RESIDENTIAL PARKING PERMIT PRO- GRAM ESTABLISHED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . Section 9-14-321 .722 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 9-14-321 .722: RESIDENTIAL PARKING PERMIT PROGRAM ESTABLISHED: 34 There is hereby established a residential parking permit program. The procedure for being designated a residential parking permit district shall be as follows: A. Petition: 1 . Required: In order to be considered for a residential parking permit district des- ignation, a group of residents must submit a petition to the city manager containing the signature of an adult member of at least sixty percent (60%) of the dwelling units in the residential area. Petitions shall only be considered for areas which contain at least four (4) adjacent block faces or fifty (50) curb parking spaces. The boundaries of and the streets within the proposed permit parking district shall be clearly identi- fied on each page of the petition. The petition shall also state clearly that, if the district is approved that participation in the program is mandatory, only those vehi- cles with a permit shall be permitted to park in the residential parking permit district between seven o'clock (7:00) a.m. and five thirty o'clock (5:30) p.m. daily, or such other hours as may be requested by the petition and approved by the city council, except Sundays and holidays, and an annual fee will be charged for a parking permit for each vehicle. The necessary petition can be obtained from the office of the city clerk. A cover letter explaining the reasons for the request and a map showing the boundaries of the proposed parking permit district shall accompany the petition. 2. Exception: A petition may be considered for an area which contains less than four (4) adjacent block faces or fifty (50) curb parking spaces if there are extenuating conditions that render such requirement unreasonable. Upon the recommendation of the city manager, such requirement may be waived by the city council if it finds that the proposed residential district is isolated or separated from other residential areas by topographical features or by commercial area. The city council shall not grant such a waiver, however, if it determines that the only basis for granting such a waiver is the convenience of the residents or if it determines that the waiver is being requested by the petitioners to prevent opposition to establishing a district. All other requirements of this division must be established. B. Parking Study: Upon receipt of a valid petition, the city manager shall cause a parking study of the area identified in the petition to be conducted. A residential parking permit district may be established only if the results of the study demonstrate that both of the following criterions are satisfied during peak periods: 1 . At least seventy percent (70%) of the curbside parking spaces in the proposed parking permit district were utilized during peak periods. For purposes of this crite- rion, a legal curbside parking space shall be twenty three (23) linear feet; and 2. At least twenty five percent (25%) of the curbside parking spaces in the pro- posed parking district were utilized by nonresident parkers. For purposes of this cri- terion, the latest available motor vehicle registration information shall be used. C. Parking Study Report And Recommendation: Upon completion of the parking study, if the conditions of subsection B of this section are established, the city manager shall make a report and recommendation to the city council, based upon the petition and results of the survey, on whether or not to designate the proposed parking district or a portion thereof as a residential parking permit district and the hours such re- strictions are to be in effect. The recommendation shall take the following into account: 1 . The effect on the safety of the residents of the proposed residential parking permit district from intensive parking by nonresidents; 2. The difficulty or inability of residents of the proposed residential parking permit district to obtain adequate curbside parking adjacent to or near their residences be- cause of widespread use of available curbside parking spaces by nonresident mo- torists; 35 3. The likelihood of alleviating, by use of the residential parking permit program, any problem of nonavailability of residential parking spaces; and 4. The desire of the residents in the proposed residential parking permit area for the institution of a residential parking permit district and the willingness of those res- idents to bear the cost incidental to the administration of the residential parking per- mit program. D. Public Hearing: Upon receipt of the report and recommendation from the city manager, the city council shall set a public hearing on the petition. Upon completion of the public hearing, the city council may reject the petition or adopt an ordinance desig- nating the permit area as a residential parking permit district and the hours such park- ing restrictions are to be in effect. E. Amendments: 1 . Amendments to the existing districts for expansion or reduction of the district must be requested by submitting to the City Manager a petition containing the sig- natures of an adult member of at least sixty percent (60%) of the dwelling units in the residential area proposed for expansion or reduction to the district. 2. Amendments to the existing districts for a change in the days/times must com- ply with the standards for establishment of a district. 3. An amendment to expand or reduce a district will not be considered if the pro- posed change will not meet the requirement of two (2) block faces unless there are extenuating conditions that render such requirement unreasonable. 4. Expansion areas of a district will inherit the same days/times for parking re- strictions as the previously established district. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted the 5th day of July, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of July, 2017. /s/Kevin S. Firnstahl, City Clerk 4. Code of Ordinances Amendment - Title 14 Building Code and Advisory Appeals Board, Electrical Code Board, and Mechanical and Plumbing Code Board: City Manager recommending amendments to the City of Dubuque Code of Ordinances related to the Building Code and Advisory Appeals Board, Electrical Code Board, and Mechanical and Plumbing Code Board: Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 34-17 Amend- ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A Building Code and Regulations, Section 14- 1A-6 Building Code and Advisory Appeals Board; Article D Electrical Code, Section 14-1 D-3 Electrical Code Board; Article F Mechanical Code, Section 14-1 F-4 Mechanical and Plumbing Code Board; Article H Plumbing Code, Section 14-1 H-7 Mechanical and Plumbing Code Board; Article J Property Maintenance Code, Sections 14-1J-2 International Property Mainte- nance Code Amendments and 14-1J-7 Housing Board of Appeals. Seconded by Lynch. Motion carried 7-0. 36 OFFICIAL PUBLICATION ORDINANCE NO. 34-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE A BUILDING CODE AND REGULATIONS, SECTION 14-1A-6 BUILDING CODE AND ADVISORY APPEALS BOARD; ARTICLE D ELECTRICAL CODE, SECTION 14-1D-3 ELECTRICAL CODE BOARD; ARTICLE F MECHANICAL CODE, SECTION 14-1F-4 MECHANICAL AND PLUMBING CODE BOARD; ARTICLE H PLUMBING CODE, SECTION 14-1H-7 ME- CHANICAL AND PLUMBING CODE BOARD; ARTICLE J PROPERTY MAINTENANCE CODE, SECTIONS 14-1J-2 INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS AND 14-1J-7 HOUSING BOARD OF APPEALS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . Section 14-1A-6 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1A-6: BUILDING CODE AND ADVISORY APPEALS BOARD: M. Powers: The board has the following powers, duties, and responsibilities: 1 . Any person who is aggrieved by a decision of the building official on any re- quirements resulting from the enforcement of the building code may appeal from such decision to the building code board and said board shall serve as an appeal board. In case the aggrieved party is a member of said board, said member shall be disqualified as a member of the board acting as an appeal board, until the person aggrieved has been heard and a decision rendered. The appeal must be made by the person aggrieved, giving written notice of such appeal to the building official within twenty (20) days of receipt of decision from which the appeal is taken. The building code board sitting as an appeal board shall meet not less than thirty (30) nor more than ninety (90) days after receiving such notice and render a decision within five (5) working days thereafter. Any interested party, including the building official, shall have the right to present their case to the appeal board, whose decision shall be final unless appealed to the district court as provided by law. The board of appeals may reverse or modify a decision of the building official only on finding that: a. The building official had incorrectly interpreted the provision of this code; or b. The decision of the building official creates an unnecessary hardship upon the appellant. The board of appeals shall require that sufficient evidence or proof be submitted to substantiate any claims made regarding the use of alternates. All appeal hearings shall be conducted in accordance with the procedures spec- ified in this code. On issues before the board involving the Americans with disabilities act the board may elect to seek input from Americans with disabilities act advocates in the com- munity. If the board elects to seek input from Americans with disabilities act advo- cates in the community, the board shall consult with a minimum of two (2) individu- als. Section 2. Section 14-1 D-3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 37 14-1 D-3: ELECTRICAL CODE BOARD: M. Powers: The board has the following powers, duties, and responsibilities: 1 . Any person who is aggrieved by a decision of the building official on any re- quirements resulting from the enforcement of this code may appeal from such deci- sion to the board and the board will serve as an appeal board. In case the aggrieved party is a member of the board, that member is disqualified as a member of the board acting as an appeal board until the appeal has been heard and a decision rendered. The appeal must be made by the person aggrieved giving written notice of such appeal to the building official within twenty (20) days of receipt of the decision from which the appeal is taken. The board, sitting as an appeal board, must meet not less than thirty (30) nor more than ninety (90) days after receiving such notice and render a decision within five (5) business days after the hearing. The decision of the board is final unless appealed to the district court as provided by law. The board, after hearing an appeal, has the authority to: a. Uphold Decision: Uphold the decision of the building official. b. Reverse/Modify Decision: Reverse or modify the decision of the building official but only on finding that the building official incorrectly interpreted the pro- vision of this code. c. Limitations Of Authority: The board has no authority to interpret the admin- istrative provisions of this code nor is the board empowered to waive any require- ments of this code. In modifying or reversing a decision of the building official, the board may authorize an alternative material or method of construction, provided the board finds the proposed material or method of construction is satisfactory for the use intended and complies with the provisions of this code and that the ma- terial or method is, for the purpose intended, at least equivalent to that prescribed by this code in suitability, strength, effectiveness, durability, and safety. All appeals must be conducted in accordance with the procedures specified in this code. Section 3. Section 14-1 F-4 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1F-4: MECHANICAL AND PLUMBING CODE BOARD: I. Notice Of Meeting: The board shall meet upon notice from the chairman, within not less than thirty (30) days and not more than ninety (90) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the mem- bers. K. Hearing Procedure: 1 . Procedures: The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 2. Quorum: Four(4) members constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. 3. Attendance: Members of the board shall attend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute 38 grounds for the board to recommend to the city council that the member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. 4. Minutes: The code official shall file with the city council a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting, or by the next regularly scheduled city council meeting, whichever is later. 5. Policies: All administrative, personnel, accounting, budgetary, and procure- ment policies of the city shall govern the board in its operations. 6. Removal: The city council may remove any member for cause upon written charges and after a public hearing. Section 4. Section 14-1 H-7 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1 H-7: MECHANICAL AND PLUMBING CODE BOARD: I. Notice Of Meeting: The board shall meet upon notice from the chairman, within not less than thirty (30) days and not more than ninety (90) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the mem- bers. K. Hearing Procedure: 1 . Procedures: The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 2. Quorum: Four(4) members constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present and voting is necessary for the adoption of any motion or resolution. 3. Attendance: Members of the board shall attend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that the member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. 4. Minutes: The code official shall file with the city council a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting, or by the next regularly scheduled city council meeting, whichever is later. 5. Policies: All administrative, personnel, accounting, budgetary, and procure- ment policies of the city shall govern the board in its operations. 6. Removal: The city council may remove any member for cause upon written charges and after a public hearing. Section 5. Section 14-1J-2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-2: INTERNATIONAL PROPERTY MAINTENANCE CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the international property maintenance code, 2015 edition, adopted in section 14-1 J-1 of this article to read as follows: Sections 111 .2 through 111 .8 replaced with city of Dubuque code of ordinances section 14-1J-7 when under the purview of the Housing Department and section 14-1A-6 when under the purview of the Building Services Department. 39 Section 6. Section 14-1J-7 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 14-1J-7: HOUSING BOARD OF APPEALS: I. Notice Of Meeting: The board shall meet upon notice from the chairman, within not less than ten (10) days and not more than ninety (90) days of the filing of an appeal, at stated periodic meetings, or at the written request of a majority of the members. K. Hearing Procedure: 1 . Procedure: The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only rel- evant information be received. 2. Quorum: Three (3) members constitute a quorum for the transaction of busi- ness. The affirmative vote of a majority of the members present and voting is nec- essary for the adoption of any motion or resolution. 3. Attendance: Members of the board shall attend at least two-thirds (2/3) of all regularly scheduled and held meetings within a twelve (12) month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that the member be replaced. The attendance of all members shall be entered upon the minutes of all meetings. 4. Minutes: The city manager shall file with the city clerk a copy of the minutes of each meeting of the board within ten (10) working days after each such meeting. 5. Policies: All administrative, personnel, accounting, budgetary, and procure- ment policies of the city shall govern the board in its operations. 6. Removal: Except as provided in subsection K3 of this section, the city council may remove any member for good cause. Section 7. This Ordinance shall take effect upon publication. Passed, approved, and adopted the 5th day of July, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of July, 2017. /s/Kevin S. Firnstahl, City Clerk 5. Award Water System Improvements Contract C Hwy 20 Water Main Extension Pro- ject: City Manager recommending award of the construction contract to the low bidder, Portzen Construction, Inc., pending approval by the Department of Natural Resources State Revolving Fund Agency. Motion by Lynch to receive and file the documents and adopt Resolution No. 252-17 Awarding Public Improvement Contract for Westside Water System Improvements Contract C: Hwy 20 Water Main Extension. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 252-17 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR WESTSIDE WATER SYSTEM IMPROVEMENTS CONTRACT C: HWY 20 WATER MAIN EXTENSION Whereas, sealed proposals have been submitted by contractors for Westside Water System Improvements - Contract C: HWY 20 Water Main Extension, (the Project) pursu- ant to Resolution No. 198-17 and Notice to Bidders published on the City of Dubuque, 40 Iowa website and a contractor plan room service with statewide circulation on the 9th day of March 2017; and Whereas, said sealed proposals were opened and read on the 28th day of June 2017 and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of$377,022.00 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded, to Portzen Con- struction, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project, following such approval. Passed, approved and adopted this 5th day of July, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Water Main Break Standard Operating Procedure: City Manager recommending adoption of the revised City of Dubuque Water Department Standard Operating Proce- dures for Sanitary and Unsanitary (including Water Main Breaks) Conditions. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. 7. Iowans for Tax Relief Comparison: City Manager submitting a report prepared by Iowans for Tax Relief and supporting documents. Motion by Lynch to receive and file the documents. Seconded by Connors. Motion carried 7-0. 8. Dubuque Receives Livability Award for Bee Branch Project from US Conference of Mayors: Mayor Roy D. Buol reported on the Outstanding Achievement Award the City of Dubuque received for the Bee Branch Watershed Flood Mitigation Project at the 2017 City Livability Awards Program on Saturday, June 24, during the U.S. Conference of Mayors' 85th Annual Meeting. Mayor Buol thanked the citizens of Dubuque and past/pre- sent Council Members for their input and partnership. Motion by Connors to receive and file the documents. Seconded by Lynch. Motion carried 7-0. 9. Request to Schedule Work Session on Schmitt Island: City Manager requesting that the Mayor and City Council schedule a work session on Monday, July 24, at 6:00 p.m. at the Historical Federal Building City Council Chamber regarding Schmitt Island. Motion by Connors to set the work session as recommended. Seconded by Del Toro. Motion carried 7-0. 10. Request for Work Session - Jule Operating and Training Center Walking Tour: City Manager requesting that the Mayor and City Council schedule a work session for a walk- ing tour of the Jule Operations and Training Center on Monday, August 14, 2017, at 6:00 p.m. starting at the parking lot at 925 Kerper Boulevard across from the Alliant Energy Power Plant. Motion by Lynch to receive and file the documents and set the work session as recommended. Seconded by Jones. Motion carried 7-0. 41 COUNCIL MEMBER REPORTS Council Member Connors reported on meeting a couple traveling in Dubuque from France and the local sightseeing information they shared and recommended. Mayor Buol elaborated on the U.S. Conference of Mayors Conference he recently at- tended and his presentation on the Bee Branch Creek Flood Mitigation Project and the information shared about the Mississippi River Cities and Towns Initiative and what's be- ing done locally regarding water quality, and remaining in the Paris Climate Agreement. There being no further business, upon motion the City Council adjourned at 7:31 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 42