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9 18 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 September 18, 2017 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PRESENTATION(S) 1 . TH Media bizTimes 2017 Rising Stars Presentation: Steve Fisher of the Telegraph Herald presented on Sustainable Community Coordinator Cori Burbach and Resource Management Coordinator Anderson Sainci being selected as 2017 Rising Stars by the TH Media's bizTimes and played a video biography of the two recipients. PROCLAMATION(S) 1 . Crop Walk Day in Dubuque (October 1 , 2017) was accepted by Mayor Roy D. Buol on behalf of the Crop Walk Committee. 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: City Council Proceedings of 9/5, 9/6, 9/11 ; Historic Preservation Commission of 8/17; Library Board of Trustees Update 8/24; Long Range Planning Advisory Commission of 8/23, 9/12; Zoning Board of Adjustment of 8/24; Proof of publication for City Council Proceedings of 8/21 ; Proof of publication for List of Claims and Summary of Revenues for Month Ending 7/31 . Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Joan Fingerson for personal injury. Upon motion the documents were received, filed, and referred to the City Attorney. 1 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Joan Fingerson for personal injury. Upon motion the documents were re- ceived, filed, and concurred. 4. Dubuque Community School District AmeriCorps Agreement: City Manager recom- mending approval of an agreement between Dubuque Community School District for AmeriCorps services with the City of Dubuque AmeriCorps Partners in Learning as re- quired by the Corporation for National and Community Service as a part of the grant award for AmeriCorps Partners in Learning. Upon motion the documents were received, filed and approved. 5. Tri-State Occupational Health, L.L.C. Agreement Amendment: City Manager recom- mending approval of an amendment to the Agreement between Tri-State Occupational Health, L.L.C. and the City of Dubuque for case management services for workers' com- pensation claims and police and fire job-related injuries and illnesses. Upon motion the documents were received, filed and approved. 6. DARE Agreement with Dubuque Community School District: City Manager recom- mending approval of the Fiscal Year 2017-2018 DARE Agreement between the City of Dubuque Police Department and the Dubuque Community School District. Upon motion the documents were received, filed and approved. 7. DARE Agreement with Holy Family Schools: City Manager recommending approval of the Fiscal Year 2017-2018 DARE Agreement between the City of Dubuque Police De- partment and the Holy Family School District. Upon motion the documents were received, filed and approved. 8. School Resource Officer (SRO) Agreement with Dubuque Community School Dis- trict: City Manager recommending Council approval of the Fiscal Year 2017/2018 School Resource Officer agreement between the City of Dubuque Police Department and the Dubuque Community School District. Upon motion the documents were received, filed and approved. 9. Amendment to the Collective Bargaining Agreement with the International Union of Operating Engineers Local #234: City Manager recommending approval of an Amend- ment to the Collective Bargaining Agreement between the City of Dubuque and the Inter- national Union of Operating Engineers, Local #234, that provides for a work week that consists of ten hours per day and four days per week for full-time Public Safety Dispatch- ers. Upon motion the documents were received, filed and approved. 10. Code of Ordinances - Adoption of Supplement No. 26: City Clerk recommending adoption of Supplement No. 26 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed and Resolution No. 319-17 Adopting Supplement No. 26 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. 2 RESOLUTION NO. 319-17 ADOPTING SUPPLEMENT NO. 26 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Supplement No. 26 to the City of Dubuque Code of Ordinances, which codifies Ordinance Nos. 17-17, 23-17, 24-17, 27-17 through 34-17 and 36-17 as adopted by the City Council through August 2017, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved and adopted this 18th day of September 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11 . Economic Development Capital Improvement Program Budget: City Manager rec- ommending that reallocated redevelopment funds from Fiscal Year 2017 CI P be included in a future Fiscal Year 2018 budget amendment. Upon motion the documents were re- ceived, filed and approved. 12. Signed Contracts: Q Casino First Amendment to Parking License Agreement; Short-Form Public Improvement Contracts with Eastern Iowa Directional Drillers, LLC for the Iowa Street Lighting Project from 10th to 12th Streets and the Main Street Lighting Project from 9th to 12th Streets. Upon motion the documents were received and filed. 13. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 320-17 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 was adopted. RESOLUTION NO. 320-17 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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and 3 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 Chipotle Mexican Grill r3450 Dodge St. Class C Liquor (Outdoor) (Sun- day) Eagle Country Mart 1800 Elm St. Class E Liquor, Class B Wine, Class B Beer (Sunday) Grand River Center 500 Bell St. Class C Liquor (Catering) (Sun- day) Huhot Mongolian Grill 555 J.F. Kennedy Special Class C Liquor (Sunday) Rd. #685 Hy-Vee #1 Clubroom 3500 Dodge St. Special Class C Liquor (Sunday) Iowa Welcome Center 280 Main St. Class C Beer, Class B Native Wine (Sunday) The Copper Kettle, Inc. 2987 Jackson St. Class C Liquor, Class B Native Wine, Class B Wine (Living Qrtrs.) (Catering) (Outdoor) (Sunday) Wal-Mart Supercenter#2004 4200 Dodge St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Passed, approved and adopted this 18th day of September, 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 Del Toro. Motion carried 7-0. 1 . Residential Parking Permit Amendment District C and District E: City Manager rec- ommending that the City Council set a public hearing for October 2 to consider an amend- ment to the Saint Ambrose Street Residential Parking Permit District C, which would add both sides of Saint Ambrose Street from Clarke Drive to Sunnyview Drive, and an amend- ment to the Auburn Street Residential Parking Permit District E, which would add both sides of Auburn Street, from North Grandview Avenue to Dexter Street. Upon motion the documents were received and filed and Resolution No. 321-17 Setting A public hearing on Amending Residential Parking Permit District C to include both sides of Saint Ambrose 4 between Clarke Drive and Sunnyview Drive and District E to include both sides of Auburn Street between North Grandview and Dexter Street was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on October 2, 2017 in the Historic Federal Build- ing. RESOLUTION NO. 321-17 SETTING A PUBLIC HEARING ON AMENDING RESIDENTIAL PARKING PERMIT DISTRICT C TO INCLUDE BOTH SIDES OF SAINT AMBROSE BETWEEN CLARKE DRIVE AND SUNNYVIEW DRIVE AND DISTRICT E TO INCLUDE BOTH SIDES OF AUBURN STREET BETWEEN NORTH GRANDVIEW AND DEXTER STREET Whereas, the City of Dubuque, pursuant to Ordinance 9-14-321 .735 of the Code of Ordinances, has received a letter from Ms. Jean Hesselbacher requesting that the follow- ing area described as follows be included in Residential Parking Permit District C: Saint Ambrose Street on both sides between Clarke Drive and Sunnyview Drive; and Whereas, the City of Dubuque, pursuant to Ordinance 9-14-321 .737 of the Code of Ordi- nances, has received a letter from Mr. Dave Donovan requesting that the following area described as follows be included in Residential Parking Permit District E: Auburn Street on both sides between North Grandview Avenue and Dexter Street; and Whereas, the City Manager, in accordance with Ordinance 9-14-321 .735 and Ordi- nance 9-14-321 .737 recommends that Residential Parking Permit District C and District E respectively be amended to include such areas and that the City Council set a public hearing on the request to amend Residential Parking Permit District C and E. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the City Council finds and determines that the request from Ms. Jean Hesselbacher is valid for Auburn Street, in Residential Parking Permit District C. Section 2. That the City Council finds and determines that the request from Mr. Dave Donovan is valid for Auburn Street, in Residential Parking Permit District E. Section 3. That the City Clerk be authorized and directed to publish a notice of public hearing on amending Residential Parking Permit District C and District E, to be held on October 2, 2017. Passed, approved and adopted this 18th day of September, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their appointment to the following Boards/Commissions. 1 . Historic Preservation Commission: Two, 3-year terms through July 1 , 2020 (Expired terms of Klavitter and McAndrews). Applicants: David Klavitter, 1090 West 3rd St. (Quali- fies for Langworthy District); John McAndrews, 350 West 1st St. (Qualifies for Cathedral 5 District). This commission is subject to the State of Iowa Gender Balance Law. 9 Com- missioners total; currently 4 males/2 females. Applications have been held for 90 days in adherence with Iowa Code 69.16A Gender Balance. Mayor Buol referenced receiving correspondence from Mr. Klavitter about his desire to be reappointed. 2. Housing Commission: One, 3-year term through August 17, 2019 (Vacant term of Wall). Applicant: Nicole Borovic, 3163 Hillcrest Rd. 3. Zoning Advisory Commission: Two, 3-year terms through July 1 , 2020 (Expiring terms of Baumhover and Henschel). Applicants: Steve Baumhover, 2084 Rosemont; Thomas Henschel, 932 June Dr. This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners total; currently 3 males/2 females. *Applications have been held for 90 days in adherence with Iowa Code 69.16A Gender Balance. Appointment was made to the following commission. 4. Human Rights Commission: One, 3-year term through January 1 , 2019 (Vacant term of Fisher). Applicants: Nicole Borovic, 163 Hillcrest Rd. (Additional Applicant); Juliet Dita Meyer, 1398 Alta Vista St.; Gerald Hammel Jr., 1225 % Rhomberg Ave.; Ashley Melchert, 1265 Thomas PI. Upon roll-call vote, (Borovic = -0-; Meyer = Del Toro, Connors, Rios, Resnick; Hammel = Buol, Jones, Resnick; Melchert = -0-). Ms. Dita-Meyer was appointed to 3-year term through January 12, 2019. PUBLIC HEARINGS 1 . Imagine Dubuque 2037: A Call to Action - 2017 Comprehensive Plan: Proof of pub- lication on notice of public hearing to consider approval of the Imagine Dubuque Compre- hensive Plan and the Long Range Planning Advisory Commission recommending adop- tion. Motion by Lynch to receive and file the documents and adopt Resolution No. 322-17 Adopting the 2017 Comprehensive Plan. Seconded by Connors. Long Range Planning Advisory Commission Chairperson Chad Darter, Assistant Planner Dave Johnson, Plan- ning Technician Ose Akinlotan and Mike Koffman of Teska Associates presented an over- view of the Plan's contents and the citizen engagement process. Paul Schultz, 1008 Vic- toria Street, expressed his overall pleasure with the Plan and addressed the Council about his concerns regarding unclear language in the areas of climate action and zero waste as well as further consideration of private/public funding for expanded infrastructure and facilities, and making yard waste available for private gardening. Motion carried 7-0. RESOLUTION NO. 322-17 ADOPTING THE 2017 COMPREHENSIVE PLAN Whereas, the Long Range Planning Advisory Commission has overseen an extensive, inclusive community planning process to create the 2017 Comprehensive Plan in accord- ance with Title 15 of the Dubuque City Code as directed by the City Council; and Whereas, the Long Range Planning Advisory Commission has recommended a final draft of the 2017 Comprehensive Plan for consideration by the Dubuque City Council. 6 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the 2017 Comprehensive Plan, entitled Imagine Dubuque 2037: A Call to Action, is hereby adopted. Passed, approved and adopted this 18th day of September, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS 1 . American Association of Retired People (AARP) Presentation: Kent Sovern, Iowa State Director of AARP Community, State and National Affairs will presented on how Dubuque's efforts align with AARP Iowa's goal of creating a "Great Place for All Ages." Mr. Sovern provided copies of AARP's book "Where We Live; Communities for All Ages," in which Dubuque is spotlighted. He also described AARP's process and efforts across the state for achieving age-friendly communities. Motion by Connors to receive and file the documents. Seconded by Resnick. Motion carried 7-0. 2. Multicultural Family Center Annual Report for 2015: Multicultural Family Center Di- rector Farris Muhammad, Board President Marlene Woller, and former Board President John Stewart shared a presentation of the 2016 Multicultural Family Center Annual Re- port. Topics included an overview of programs that showcase diversity, teach culturally distinct content, culturally significant days, education & long-term learning, other pro- grams and events, participant feedback, and the Center's financials. Motion by Connors to receive and file the documents. Seconded by Lynch. Motion carried 7-0. 3. Five Flags Center Quarterly Report: SMG Regional General Manager HR Cook shared the quarterly report on the Five Flags Civic Center. Topics included: showcasing the theater's history, year-end financials, staffing changes, types of events for Fiscal Year 2017, demographics related to tickets sales, website statistics, new marketing/branding efforts, survey of service and venue, enhanced media relations, awards and recognitions, venue partners, food and beverage upgrades, venue sponsorships, and new and upcom- ing shows. Motion by Connors to receive and file the documents. Seconded by Resnick. Motion carried 7-0. 4. The Growing Sustainable Communities Conference - Media Release: Dubuque, Iowa - 10th Annual Growing Sustainable Communities Conference will be held October 3 and 4, 2017 at the Grand River Center. Motion by Connors to receive and file the doc- ument. Seconded by Resnick. Mayor Buol highlighted the conference and noted that in- formation and registration is available from the City's webpage. Motion carried 7-0. 5. Final Plat of Oakland Ridge Estates: City Manager recommending approval of the final plat of Oakland Ridge Estates, which is located in Dubuque County but within two miles of the City of Dubuque corporate limits, subject to allowing 22-foot paving width for Mackenzie Ridge, Libby Lane, Morgan Creek Drive, Lea Lane and Maci Court, and waiv- 7 ing Sections 11-20 Water Supply, 22-21 Sanitary Sewer, 11 -23 Obligation to Install Im- provements, and 11-24 Improvement Guarantees. Motion by Lynch to receive and file the documents and adopt Resolution No. 323-17 Approving the Final Plat of Oakland Ridge Estates in Dubuque, County, Iowa. Seconded by Jones. Speaking on behalf of the devel- oper, Dave Schneider of Schneider Land Surveying, 906 1st. St., Farley, Iowa responded to questions from the City Council explaining that no on-street parking is intended with drives and garages providing for parking. The streets would be changed to the City's standards should the development ever be incorporated into the City. Motion carried 7-0. RESOLUTION NO. 323-17 APPROVING THE FINAL PLAT OF OAKLAND RIDGE ESTATES IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Oakland Ridge Es- tates, and Whereas, said Final Plat provides for a 22-foot pavement width, where 26-foot paving width for a private street is required by Section 11 -15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and has its approval endorsed thereon; and Whereas, said Final Plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Section 11-15 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow five 22-foot wide paved private streets. Section 2. That the City Council hereby waives Sections 11 -20 Water Supply, 11-21 , Sanitary Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guar- antees. Section 3. That the Final Plat of Oakland Ridge Estates is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said property herein named, execute their written acceptance hereto attached agreeing: a) To construct private street improvements in accordance with improvement plans approved by Dubuque County and certified upon completion by a professional engi- neer licensed by the State of Iowa. b) To maintain the private street improvements constructed as part of Oakland Ridge Estates until such time as a homeowners' association is formed and is respon- sible for maintenance of the same. c) To provide final design plans and sight distance calculations to the City of Dubu- que for the extension and connection of Mackenzie Ridge to Oakland Farms Road. Street extension and intersection design as well as sight distance calculations shall be reviewed and approved by the City of Dubuque prior to the construction of the Mackenzie Road extension and connection to Oakland Farms Road. Section 5. That in the event Oakland Farms Real Estate Company fails to execute the acceptance within 180 days after the date of this Resolution, the provisions hereof shall be null and void and the approval of the plat shall not be effective. 8 Passed, approved and adopted this 18th day of September, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 323-17 I, the undersigned, Kevin Wernimont, representing Oakland Farms Real Estate Com- pany, having read the terms and conditions of the Resolution No. 323-17 and being fa- miliar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 15th day of September 2017. /s/Kevin Wernimont Oakland Farms Real Estate Company 6. Jule Transit International Medium-Duty Vehicle Engine Issue Replacement Plan: City Manager recommending approval of a replacement plan due to unexpected engine issues occurring in the International Medium Duty buses in The Jule fleet. Motion by Con- nors to receive and file the documents and approve the recommendation. Seconded by Jones. Responding to questions from the City Council, City Manager Van Milligen stated that the unanticipated revenue provided by the lease of the Historic Federal Building by the USPS will provide the needed funds and that no issues have been experienced with the Public Works fleet. Motion carried 7-0. 7. Iowa Economic Development Authority Contract for Flexsteel Industries, Inc.: City Manager recommending approval of a State of Iowa Business Financial Assistance Con- tract among Flexsteel Industries, Inc., the City of Dubuque, and the Iowa Economic De- velopment Authority. Motion by Jones to receive and file the documents and adopt Res- olution No. 324-17 Authorizing the execution of a contract for State Business Financial Assistance by and among Flexsteel Industries, Inc., the City of Dubuque, Iowa, and the Iowa Economic Development Authority. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 324-17 AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS FINAN- CIAL ASSISTANCE BY AND AMONG FLEXSTEEL INDUSTRIES, INC., THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY Whereas, Flexsteel Industries, Inc. has proposed making a Thirty-Five Million Six Hun- dred Thousand Dollar ($35,600,000.00) investment in the construction of a new manu- facturing facility in the City of Dubuque, Iowa which will allow the retention of two hundred (200) full-time jobs in the City; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed project will contribute to the local economy; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and document associated terms for the investment of Flexsteel Industries, Inc.'s proposed project in the City. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the execution of the Economic Development Assistance Contract 17- DF/TC-047 for participation in the Iowa Economic Development Authority's Financial As- sistance Program on behalf of Flexsteel Industries, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Economic Development Assistance Contract to the Iowa Economic Development Authority together with such other documents as may be re- quired. Passed, approved, and adopted this 18th day of September, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. State of Iowa Business Financial Assistance Application for Heartland Financial USA, Inc.: City Manager recommending approval of the submission of an Iowa Economic Development Assistance Application by Heartland Financial USA, Inc. to the Iowa Eco- nomic Development Authority. Motion by Connors to receive and file the Documents and adopt Resolution No. 325-17 Authorizing the Filing of an Application for State Business Financial Assistance on Behalf of Heartland Financial, USA, Inc. Seconded by Del Toro. Council Member Connors referenced an e-mail received by the City Council in opposition to the application. City Manager Van Millgen reiterated that the City is in support of the application that will create high-quality jobs, but is not offering any financial assistance. Motion carried 7-0. RESOLUTION NO. 325-17 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINAN- CIAL ASSISTANCE ON BEHALF OF HEARTLAND FINANCIAL, USA, INC. Whereas, Heartland Financial, USA, Inc. (Heartland) has proposed making a One Mil- lion Two Hundred Thousand Dollar ($1 ,200,000.00) investment for tenant improvements of a fifteen thousand square foot (15,000 sq. ft.) office facility in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the proposed project will contribute to the local economy through the creation of thirty-one (31) full-time jobs in the City which qualify for the Iowa Economic Development Authority Business Financial Assistance Program; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and document associated terms for the tenant improvements of Heartland's proposed location at 700 Locust Street in the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 10 Section 1 . That the filing of an Application for participation in the Iowa Economic De- velopment Authority's Financial Assistance Program on behalf of Heartland Financial USA, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit the Application to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 18th day of September, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Southwest Arterial Update Video: Cable TV Division showed a video of the recent progress of the Southwest Arterial Project. Motion by Jones to receive and file the infor- mation. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported that the Des Moines Register's 100 Top Work Places included Honkamp Krueger & Co., P.C. and Hills & Dales of Dubuque. CLOSED SESSION Motion by Jones to convene in closed session at 8:25 p.m. to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21 .5(1)(c), -(j) of Code of Iowa. Seconded by Connors. Mayor Buol stated for the record that the attorneys who will con- sult with City Council on the issues to be discussed in the closed session are City Attorney Crenna Brumwell, Senior Counsel Barry Lindahl, and Attorney Jim Wainwright (Ahlers & Cooney Law Firm). Motion carried 7-0. Having given staff proper direction, upon motion the City Council reconvened in open session at 9:16 p.m. There being no further business, upon motion the City Council adjourned at 9:17 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 11