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2 6 17 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on February 6, 2017 in the th Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick; City Manager Van Milligen, City Attorney Brumwell Absent: Council Members Del Toro, Rios Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session for the Dubuque Convention and Visitors Bureau WORK SESSION Dubuque Convention and Visitors Bureau Keith Rahe, President and CEO of the Dubuque Area Convention and Visitors Bureau in- troduced staff and provided a slide presentation on the activities and budget of the CVB. Top- ics included:  The Power of Tourism  Highlights of Fiscal Year 2017  Partnerships/Markets  The Economic Impact of Travel  Upcoming in Fiscal Year 2018  Meetings, Groups and Events  Staff and positions  Fiscal Year 2018 Financial Expectations There being no further business, upon motion the City Council adjourned at 5:46 p.m. /s/Trish L. Gleason, CMC Assistant City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on February 6, 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 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Motion carried 7-0. 1. Minutes and Reports Submitted: Cable TV Commission of 1/4; Civil Service of 1/23; In- vestment Oversight Advisory Commission of 1/25; Library Board of Trustees Update, Plan of Service; Zoning Board of Adjustments of 1/26; Proof of Publication for City Council Proceed- ings of 1/3. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Sharon Pfeiler for personal injury; Richard White for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Richard White for vehicle damage; Sharon Pfeiler for personal injury. Upon motion the documents were received, filed and concurred. 4. Rhomberg Avenue Bridge Article: City Manager transmitting Rhomberg Avenue Bridge article from ASPIRE ™ The Concrete Bridge Magazine. Upon motion the documents were received, filed and made a Matter of Record. 5. City of Dubuque 2016 Year in Review: Upon motion the documents were received and filed. 6. 2017 Federal Legislative Priorities: City Manager recommending adoption of the 2017 Federal Legislative Priorities. Upon motion the documents were received, filed and approved. 2 7. Public, Educational, and Government (PEG) Capital Grant Fund Request: City Manager recommending approval of the Cable TV Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facili- ties. Upon motion the documents were received, filed and approved. 8. Civil Service Commission - Certified List: Civil Service Commission submitting the Certi- fied List for the position of Bus Operator. Upon motion the documents were received, filed and made a Matter of Record. January 23, 2017 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Bus Operator was administered on December 14, 2016. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be filled from this list and that this list is good for one (1) year. Bus Operator 1 Justin Licht 9 Clay Wilwert 2 Paul Teixeira 10 Roger Leib 3 Steve Thiltgen 11 Gary Meyer 4 Chris Cullen 12 Sean Kelley 5 Russell Stecklein 13 Quinten Dukes 6 Roberto Miranda 14 Linda Langkamp 7 Doug Kuehn 15 Mark Welbes 8 Bob Grant 16 Sharon Goedken Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 9. Sustainable Dubuque Community Grants: City Manager recommending approval of the following two projects for funding from the Sustainable Dubuque Community Grant Program. Upon motion the documents were received, filed and approved. 10. Partners for Places Grant Application: City Manager recommending approval to submit a grant application in partnership with the Community Foundation of Greater Dubuque to the Partners for Places grant program. Upon motion the documents were received, filed and ap- proved. 11. Follow-up Source of Income Statistics: Housing and Community Development Depart- ment Director Alvin Nash, Human Rights Director Kelly Larson, City Attorney Crenna Brum- well, Planning Services Manager Laura Carstens and Community Development Specialist Erica Haugen are transmitting follow-up information requested by the City Council on two sta- tistics in the Source of Income Committee Report presented at the November 28, 2016 City Council Work Session. Upon motion the documents were received and filed. 3 12. Eagle Point Park Restoration Plan: City Manager recommending approval and adop- tion of the Eagle Point Park Environmental Restoration Management Plan. Upon motion the documents were received, filed and approved. 13. Grant of Permanent Utility Easement - SW Arterial Project Acceptance: City Manager recommending acceptance of a permanent utility easement for the Southwest Arterial Project across Parcel 161 owned by Elizabeth Reuter. Upon motion the documents were received and filed and Resolution No. 32-17 Accepting a Grant of Permanent Utility Easements for the Southwest Arterial Project from Elizabeth Reuter was adopted. RESOLUTION NO. 32-17 ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENTS FOR THE SOUTHWEST ARTERIAL PROJECT FROM ELIZABETH REUTER Whereas, the City of Dubuque entered into a Purchase Agreement for the purchase of permanent utility easements for the Southwest Arterial Project with Elizabeth Reuter legally described as: A Parcel of Land Situated in Part of Lot 1 of 1 of 1 of 1 of 1 of the Northwest 1/4 of the th Southeast 1/4, Section 11, Township 88 North, Range 2 East of the 5 P.M., County of Dubuque, State of Iowa And A Parcel of Land Situated in Part of Lot 1-1-1-1 of the Northwest 1/4 of the Southeast 1/4 and Part of Lot 1 of 1 of 7 of the Northeast 1/4 of the Southeast 1/4, all in Section th 11, Township 88 North, Range 2 East of the 5P.M., County of Dubuque, State of Iowa As more particularly shown on the attached Grant of Permanent Utility Easements; and Whereas, the terms of the Purchase Agreement have been satisfied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The Grant of Permanent Utility Easements attached hereto is hereby accepted. 2. The City Clerk is authorized and directed to record this Resolution and the Grant of Permanent Utility Easements with the Dubuque County Recorder. th Passed, approved and adopted this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 14. Power Coatings, LLC Settlement Agreement: Senior Counsel Lindahl recommending approval of a settlement agreement of this case which is pending in the Iowa District Court for Dubuque County. Upon motion the documents were received, filed and approved. 15. Fair Housing Testing: City Attorney submitting results for the first round of Fair Housing Testing conducted the week of November 7, 2016. Upon motion the documents were re- ceived and filed. 16. City of Dubuque Housing Choice Voucher Program - Administrative Plan Amendment: City Manager recommending approval of changes to the Housing Choice Voucher/Section 8 Administrative Plan. Upon motion the documents were received and filed and Resolution No. 33-17 Approving Amendments to the Section 8 Administrative Plan was adopted. 4 RESOLUTION NO. 33-17 APPROVING AMENDMENTS TO THE SECTION 8 ADMINISTRATIVE PLAN Whereas, the City of Dubuque is designated as a Public Housing Authority; and Whereas, the City of Dubuque maintains a comprehensive Public Housing Agency Plan; and Whereas, the City of Dubuque desires to amend said Public Housing Agency Plan; and Whereas, said amendments are approved by HUD, Resident Advisory Board and the Housing Commission, the amendments must be approved by resolution of the City Council for adoption and implementation; and Whereas, the Housing Commission held a public meeting on October 25, 2016; and Whereas, the Housing Commission voted to approve said amendments to Chapter 1, 3, 5, 6, 8, 10, 12, 13, 16, and 17 and recommended approval by the City Council; and Whereas, the Housing Commission held a public meeting on January 24, 2017; and Whereas, the Housing Commission voted to approve said amendments to Chapter 7 and 11 and recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Section 8 Administrative Plan is hereby amended to adopt the changes to the Plan to address HUD regulation changes per Federal Register 08/20/15 – Final Rule, attached hereto as Exhibit A and Chapters 1,3,5,6,8,10,12,13,16, and 17. Section 2. That the Section 8 Administrative Plan is hereby amended to adopt the changes to the Plan setting the minimum rent for this locality at $0.00 and removing hardship exemp- tions, attached hereto as Chapters 7 and 11. th Passed, approved and adopted this 6 day of February 2017 Roy D Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 17. Timber-Hyrst Estates No. 4 Subdivision Improvements Acceptance: City Manager rec- ommending acceptance of the public improvements that the developers, North Cascade Road Developers, LLC, have recently completed in Timber-Hyrst Estates No. 4, except for the storm water detention facilities and accessible sidewalk ramps and sidewalk along the east side of Creekwood Drive from Station 70+50 to North Cascade Road. Upon motion the documents were received and filed and Resolution No. 34-17 Accepting Public Improvements in Timber-Hyrst Estates No. 4 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 34-17 ACCEPTING PUBLIC IMPROVEMENTS IN TIMBER-HYRST ESTATES NO. 4 IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 181-14, certain public improvements including street pav- ing with curb, storm sewer and catch basins, storm water detention facilities, roadway cul- verts, sanitary sewer, watermain, public sidewalk, and street lighting were installed by the de- veloper of Timber-Hyrst Estates No. 4 in the City of Dubuque, Iowa; and Whereas, the improvements, except for storm water detention facilities and accessible sidewalk ramps and sidewalk along the east side of Creekwood Drive from Station 70+50 to North Cascade Road, have been completed and the City Manager has examined the work 5 and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has rec- ommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Timber Hyrst Estates No. 4, except storm water detention facilities and ac- cessible sidewalk ramps and sidewalk along the east side of Creekwood Drive from Station 70+50 to North Cascade Road, be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, North Cascade Road Developers, LLC, for a period of two (2) years from the date of this resolution. th Passed, approved and adopted this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 18. Community Development Block Grant Annual Action Plan - Fiscal Year 2017 Amend- ment No. 1: City Manager recommending approval of the FY 2017 Annual Action Plan – Amendment 1 for the Community Development Block Grant program. Upon motion the doc- uments were received and filed and Resolution No. 35-17 Approving Fiscal Year 2017 (Pro- gram Year 2016) Annual Action Plan Amendment 1 for Community Development Block Grant (CDBG) Funds was adopted. RESOLUTION NO. 35-17 APPROVING FISCAL YEAR 2017 (PROGRAM YEAR 2016) ANNUAL ACTION PLAN AMENDMENT 1 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Years 2017; and Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocating funds between existing activities and providing funds for new activities; and Whereas, said amendment is a substantial amendment as provided in the City's Citizen Participation Plan and therefore must be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City made available for public comment said Annual Action Plan on Novem- ber 22, 2016 and advertised a 30-day public comment period ending January 24, 2017; and Whereas, the Community Development Advisory Commission reviewed said amendment during a public hearing on January 24, 2016 and voted to approve said amendment and rec- ommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plan for Fiscal Years 2016 and 2017 are hereby re- scinded and the balance of funds from these plans are incorporated into a Fiscal Year 2017 (Program Year 2016) Annual Action Plan – Amendment 1, attached hereto as Exhibit A. Section 2. That said Fiscal Year 2017 (Program Year 2016) Annual Action Plan Amend- ment 1 attached hereto as Exhibit A is hereby approved. 6 Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and amendment to the U.S. Department of Housing and Urban Development. th Passed, approved and adopted this 6 day of February 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 19. Iowa 32 Bike-Hike Trail Phase 4 - Notice of Use Restrictions: City Manager recom- mending approval of a resolution approving the terms of the Notice of Use Restrictions for the Iowa 32 Bike/Hike Trail – Phase 4. Upon motion the documents were received and filed and Resolution No. 36-17 Approving the Notice of Use Restrictions related to Phase 4 of the Iowa 32 Bike-Hike Trail was adopted. RESOLUTION NO. 36-17 APPROVING THE NOTICE OF USE RESTRICTIONS RELATED TO PHASE 4 OF THE IOWA 32 BIKE/HIKE TRAIL Whereas, the Iowa Department of Natural Resources (IDNR) provided the City of Dubuque with a Resource Enhancement and Protection (REAP) grant for construction of Phase 4 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail; and Whereas, the City of Dubuque agreed to abide by all local, state and federal requirements applicable to the REAP grant agreement #14-R4-AN with the IDNR for said trail project; and Whereas, said REAP grant agreement requires that the City of Dubuque maintain said pro- ject for its designated use as a public trail for a minimum of twenty-five (25) years. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby agrees to the terms of the Notice of Use Restrictions provided by the IDNR for Phase 4 of the Iowa 32 Bike/Hike Trail. Section 2. The City Clerk hereby is authorized to record said Notice of Use Restrictions with the Dubuque County Recorder. th Passed, approved and adopted this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 20. IIW, P.C. for Engineering Design and Inspection Services Professional Service Agree- ment: City Manager recommending authorization to enter into an agreement with IIW, P.C. to complete professional engineering design services associated with the English Mill Pump Station and Water Main Extension to the former Central Iowa Water Association’s Vernon Water and Barrington Lakes water systems. Upon motion the documents were received and filed and Resolution No. 37-17 Approving Professional Engineering Design and Inspection Services Contract Between the City of Dubuque and IIW, P.C. for the English Mill Road Pump Station and Water Main Extension to Vernon Water System and Barrington Lakes Pro- ject was adopted. 7 RESOLUTION NO. 37-17 APPROVING PROFESSIONAL ENGINEERING DESIGN AND INSPECTION SERVICES CONTRACT BETWEEN THE CITY OF DUBUQUE AND IIW, P.C. FOR THE ENGLISH MILL ROAD PUMP STATION AND WATER MAIN EXTENSION TO VERNON WATER SYSTEM AND BARRINGTON LAKES PROJECT Whereas, the City of Dubuque is proceeding with the connection of the Vernon and Bar- rington Lakes Water System to the City of Dubuque water; and Whereas, the Agreement authorizes IIW, P.C. to provide engineering design and inspec- tion services for the English Mill Road pump station and water main extension to Vernon Wa- ter System and Barrington Lakes Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Agreement between City of Dubuque and IIW, P.C. to provide profes- sional engineering design and inspection services for the English Mill Road pump station and water main extension to Vernon Water System and Barrington Lakes Project is hereby ap- proved. Section 2. That the City Manager is hereby authorized and directed to execute two copies of said Agreement between City of Dubuque and IIW, P.C. to provide professional engineer- ing design and inspection services for the English Mill Road pump station and water main ex- tension to Vernon Water System and Barrington Lakes Project. th Passed, approved and adopted this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 21. Home Advocate Contract Extension: City Manager recommending approval of a Sec- ond Amendment to Subcontract with Visiting Nurse Association for the Healthy Homes and Childhood Lead Poisoning Prevention Program which extends the agreement from February 1, 2017 through September 30, 2018. Upon motion the documents were received, filed and approved. 22. Kennedy Road Right-of-Way Acquisition (Brimeyer): City Manager recommending ap- proval of a resolution approving the agreement with Mrs. Brimeyer, accepting the Easement, and approving the Pre-Annexation Agreement. Upon motion the documents were received and filed and Resolution No. 38-17 Approving an Agreement by and Between the city of Dubuque, Iowa and Marlene L. Brimeyer Providing for the Annexation of Right-Of-Way Along Kennedy Road and the Intersection of Derby Grange Road, a Grant of Easement for Public Utilities for the Right-Of-Way Along Kennedy Road and the Intersection of Derby Grange Road, a Pre-Annexation Agreement for the Remainder of the Brimeyer Property; and Accept- ing the Grant of Easement and Approving the Pre-Annexation was adopted. RESOLUTION NO. 38-17 APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MARLENE L. BRIMEYER PROVIDING FOR THE ANNEXATION OF RIGHT-OF-WAY ALONG KENNEDY ROAD AND THE INTERSECTION OF DERBY GRANGE ROAD, A GRANT OF EASEMENT FOR PUBLIC UTILITIES FOR THE RIGHT-OF-WAY ALONG KENNEDY ROAD AND THE INTERSECTION OF DERBY GRANGE ROAD, A PRE- 8 ANNEXATION AGREEMENT FOR THE REMAINDER OF THE BRIMEYER PROPERTY; AND ACCEPTING THE GRANT OF EASEMENT AND APPROVING THE PRE- ANNEXATION AGREEMENT Whereas, the City of Dubuque has been working to encourage development within city lim- its and the two-mile fringe area boundary; and Whereas, an unnamed developer has contacted the City about constructing a city devel- opment at the corner of Kennedy Road and Derby Grange Road; and Whereas, to facilitate this development the City must extend utilities into the area and have adjacency in compliance with state law for annexation; and Whereas, the City negotiated an agreement with Mrs. Marlene L. Brimeyer (Brimeyer), which is attached, to address adjacency, utilities, and other matters of concern to the parties; and Whereas, Brimeyer has granted to the City an easement for public utilities within the right- of-way abutting her property; and Whereas, Brimeyer has signed a Pre-annexation Agreement for the remainder of her property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: The Agreement with Brimeyer attached hereto is hereby accepted and approved. The Grant of Easement for Public Utilities attached hereto is accepted. The Pre-Annexation Agreement attached hereto is hereby accepted and approved. The City Clerk’s Office is authorized and directed to record this resolution and the Agree- ment, Grant of Easement for Public Utilities, and Pre-Annexation Agreement with the Dubu- que County Recorder. th Passed, approved and adopted this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 23. Catfish Creek Interceptor Sewer Repair Project Acceptance: City Manager recom- mending acceptance of the Catfish Creek Interceptor Sewer Repair Project, as completed by Top Grade Excavating, Inc. Upon motion the documents were received and filed and Resolu- tion No. 39-17 Accepting the Catfish Creek Interceptor Sewer Repair Project and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 39-17 ACCEPTING THE CATFISH CREEK INTERCEPTOR SEWER REPAIR PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Catfish Creek Interceptor Sewer Repair Project (the Project) has been completed by the Contractor, Top Grade Excavating, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $190,588.76; and Whereas, the Contractor has previously been paid $181,059.32, leaving a balance of $9,529.44; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $9,529.44 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. th Passed, approved and adopted this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk CITY ENGINEER’S CERTIFICATE OF COMPLETION OF THE CATFISH CREEK INTER- CEPTOR SEWER REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Catfish Creek Interceptor Sewer Repair Project has been performed in compli- ance with the terms of the Public Improvement Contract, and that the total cost of the com- pleted work is $194,708.91. th Dated this 27 day of January, 2017. /s/Gus Psihoyos, City Engineer th Filed in the office of the City Clerk on the 27 day of January, 2017. /s/Trish L. Gleason, Assistant City Clerk 24. Brunskill Road Bridge Project Acceptance: City Manager recommending acceptance of the public improvement construction contract for the Brunskill Road Bridge Reconstruction Project, as completed by Taylor Construction, Inc. Upon motion the documents were received and filed and Resolution No. 40-17 Accepting the Brunskill Road Bridge Reconstruction Pro- ject, Iowa DOT Project No. BROS- 2100 (659)-8J-31, and Authorizing the Payment to the Contractor was adopted. RESOLUTION NO. 40-17 ACCEPTING THE BRUNSKILL ROAD BRIDGE RECONSTRUCTION PROJECT, IOWA DOT PROJECT NO. BROS-2100 (659)-8J-31, AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Brunskill Road Bridge Reconstruction Project, Iowa DOT Project No. BROS-2100 (659)-8J-31 (the Project) has been completed by the Contractor, Taylor Construction, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $805,526.74; and Whereas, the Contractor has previously been paid $784,918.20, leaving a balance of $20,608.54; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. 10 Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $20,608.54 as provided in Iowa Code chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. th Passed, approved and adopted this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 25. BP Pipeline Utility Relocation Reimbursement Agreement Phase I - SW Arterial Pro- ject: City Manager recommending approval for the City Manager to execute a Phase 1 De- sign Utility Relocation Reimbursement Agreement with BP Pipelines (North America), Inc. for the relocation of a petroleum distribution pipeline impacted by the Southwest Arterial and the future East Grading Project. Upon motion the documents were received and filed and Resolu- tion No. 41-17 Approving a Phase I Design Utility Relocation Reimbursement Agreement with BP Pipelines (North America), Inc. for the relocation of a petroleum distribution pipeline asso- ciated with the east grading project and the continued development and advancement of the Southwest Arterial Project was adopted. RESOLUTION NO. 41-17 APPROVING A PHASE I DESIGN UTILITY RELOCATION REIMBURSEMENT AGREE- MENT WITH BP PIPELINES (NORTH AMERICA) INC. FOR THE RELOCATION OF A PE- TROLEUM DISTRIBUTION PIPELINE ASSOCIATED WITH THE EAST GRADING PRO- JECT AND THE CONTINUED DEVELOPMENT AND ADVANCEMENT OF THE SOUTH- WEST ARTERIAL PROJECT Whereas, the City is proceeding with the proposed East Grading Project (hereafter Project) in accordance with its plans and specifications, which the City has designed as part of the Southwest Arterial Project; and Whereas, prior to the City commencing work on the Project, the City needs to have an ex- isting in-service 10" petroleum distribution pipeline relocated; and Whereas, the 10" petroleum distribution pipeline is owned and operated by the BP Pipe- lines (North America), Inc. (hereafter BP) and located on its own easements upon land ac- quired by the City for the Project shall be relocated in accordance with a Phase 1 Design Utility Relocation Reimbursement Agreement (hereafter Agreement); and Whereas, it has been determined that the utility relocation to be completed by BP shall be separated into a Phase I - Engineering Design and a future Phase II - Utility Construction Re- location; and Whereas, BP shall initially pay all costs to relocate and adjust its facilities as covered by the Agreement; and Whereas, upon reasonable satisfactory completion the City will pay BP for said eligible re- imbursement costs as covered by the Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That said Agreement between the City of Dubuque and BP Pipelines (North America), Inc. is hereby approved. Section 2. That the City Manager be authorized and directed to execute three copies of said Agreement between the City of Dubuque and BP Pipelines (North America), Inc. for the 11 relocation of the petroleum distribution pipeline associated with the Project and the continued development and advancement of the Southwest Arterial Project. th Passed, approved and adopted this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 26. Business License Refunds: Request of Rainbo Oil Company for a refund of the tobac- co permit DBQ-052-17 and liquor license; LE0002418 for Kwik Stop #68 located at 1200 Ce- dar Cross Rd. due to business closing; request from Daniel Abbott for a refund of the tobacco permit DBQ-076-17 for River Rat Vapes located at 500 Bell St. due to the completion of the special event. Upon motion the documents were received, filed and approved. 27. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 42-17 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. 43-17 Approving applications for retail ciga- rette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 42-17 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE- QUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LI- CENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQUOR, BEER AND WINE LICENSES AND PERMITS 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 not- ed permit types to the following applicants pending submission of the locally required docu- mentation: Renewals Dollar General Store #10074 2400 Gateway Dr. Class C Beer, Class B Wine (Sun- day) Dollar General Store #6896 605 W Locust St. Class C Beer, Class B Wine (Sun- day) Dollar General Store #7289 3250 Kennedy Cir. Ste. 9 Class C Beer, Class B Wine (Sun- day) Dubuque Religious Center 923 Main St. Class B Wine (Sunday) Fife's 1113 Main St. Class C Liquor Gin Rickeys 1447 Central Ave. Class C Liquor (Sunday) Hy-Vee Market Café #3 400 Locust St. Class C Liquor (Sunday) 12 Pusateri’s 2400 Central Ave. Class C Liquor (Sunday) Passed, approved and adopted this 6th day of Febuary, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 43-17 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICOTINE / 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 oth- erwise 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 fol- lowing named applicants and locations for cigarette/tobacco sales permit. Endless Fragrance & Merchandise 1828 Central Ave. Passed, approved and adopted this 6th day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant 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. Se- conded by Connors. Motion carried 7-0. 1. Community Development Block Grant - Fiscal Year 2018 Annual Action Plan: City Man- ager recommending the City Council set a public hearing for review of the Community Devel- opment Block Grant Annual Action Plan on February 16, 2017 in conjunction with the Hous- ing & Community Development Department's budget hearing. Upon motion the documents were received and filed and Resolution No. 44-17 Setting a public hearing on the Fiscal Year 2018 (Program Year 2017) Community Development Block Grant (CDBG) Annual Action Plan was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on Febru- ary 16, 2017 in the Historic Federal Building. RESOLUTION NO. 44-17 RESOLUTION SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2018 (PROGRAM YEAR 2017) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN Whereas, the City of Dubuque has, through a series of public meetings and hearings, final- ized a Fiscal Year 2018 (Program Year 2017) Community Development Block Grant Annual Action Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft Fiscal Year 2018 (Program Year 2017) CDBG Annual Action Plan will be available for public comment for 30 days prior to City Council action; and 13 Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of the Annual Action Plan on January 24, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Cham- th bers, 2nd Floor, 350 West 6 Street, Dubuque, Iowa at 6:00 p.m. on February 16, 2017 for the purpose of holding a public hearing and taking action on the Fiscal Year 2018 (Program Year 2017) Community Development Block Grant Annual Action Plan. Section 2. That the City Clerk be and he is hereby authorized and directed to publish a no- tice of such public hearing and the City Council’s intent to review and take action on the Fis- cal Year 2018 (Program Year 2017) Community Development Block Grant Annual Plan. th Passed, approved and adopted this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, City Clerk 2. General Obligation Bonds - Series 2017ABC: City Manager recommending a public hearing be set for February 20, 2017, on the proposition of selling not to exceed $21,400,000 in General Obligation Bonds, the proceeds of which will be used to pay costs for ambulance replacement, and refund previously issued general obligation bonds. Upon motion the docu- ments were received and filed and Resolution No. 45-17 Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $8,950,000 General Obligation Bonds, Series 2017A of the City of Dubuque, State of Iowa (For Essential Corporate Purposes), and Provid- ing for Publication of Notice Thereof and Resolution No. 46-17 Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $10,250,000 General Obligation Urban Re- newal Refunding Bonds, Series 2017B of the City of Dubuque, State of Iowa (for an Essential Corporate Purpose), and Providing for Publication of Notice Thereof and Resolution No. 47- 17 Fixing Date for a Meeting on the Proposition of the Issuance of not to Exceed $2,200,000 Taxable General Obligation Urban Renewal Refunding Bonds, Series 2017C of the City of Dubuque, State of Iowa (for an Essential Corporate Purpose), and Providing for Publication of Notice Thereof were adopted setting a public hearing for a meeting to commence at 6:00 p.m. on February 20, 2017 in the Historic Federal Building. RESOLUTION NO. 45-17 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSU- ANCE OF NOT TO EXCEED $8,950,000 GENERAL OBLIGATION BONDS, SERIES 2017A OF THE CITY OF DUBUQUE, STATE OF IOWA (FOR ESSENTIAL CORPORATE PUR- POSES), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, State of Iowa, should issue General Obligation Bonds, to the amount of not to exceed $8,950,000, as au- thorized by Section 384.25, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and Whereas, before the Bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the Bonds and to receive oral and/or written objections from any resident or property owner of the City to such action. 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: th That this Council meet in the Historic Federal Building, 350 West 6 Street, Dubuque, Io- th wa, at 6:00 P.M., on the 20 day of February, 2017, for the purpose of taking action on the matter of the issuance of not to exceed $8,950,000 General Obligation Bonds, Series 2017A, for essential corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of: a) the settlement, adjustment, renewing, or extension of any part or all of the legal indebt- edness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or re- funding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, including General Obligation Bonds, Taxable Series 2009A (BAB), General Obligation Refunding Bonds, Series 2009C and General Obligation Bonds, Series 2010A; and b) the equipping of the fire department. To the extent any of the projects or activities described in this resolution may be reasona- bly construed to be included in more than one classification under Division III of Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the Code of Iowa. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. The notice of the proposed action to issue bonds shall be in substantially the \[provided\] form: th Passed and approved this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 46-17 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSU- ANCE OF NOT TO EXCEED $10,250,000 GENERAL OBLIGATION URBAN RENEWAL REFUNDING BONDS, SERIES 2017B OF THE CITY OF DUBUQUE, STATE OF IOWA (FOR AN ESSENTIAL CORPORATE PURPOSE), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, by Resolution this Council found and determined that certain areas located with- in the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Greater Downtown Urban Renewal Plan (the "Plan") as amended for the Greater Downtown Urban Renewal Plan Area (the "Area" or "Urban Renew- al Area"), which Plan is on file in the office of the Recorder of Dubuque County, Iowa; and Whereas, it is deemed necessary and advisable that the City of Dubuque, State of Iowa, should issue General Obligation Urban Renewal Refunding Bonds, to the amount of not to exceed $10,250,000, as authorized by Sections 384.25 and 403.12, of the Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose projects as hereinafter described; and 15 Whereas, before bonds may be issued, it is necessary to comply with the procedural re- quirements of Chapters 384 and 403 of the Code of Iowa, and to publish a notice of the pro- posal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: th That this Council meet in the Historic Federal Building, 350 West 6 Street, Dubuque, Io- th wa, at 6:00 P.M., on the 20 day of February, 2017, for the purpose of taking action on the matter of the issuance of not to exceed $10,250,000 General Obligation Urban Renewal Re- funding Bonds, Series 2017B, for an essential corporate purpose, the proceeds of which bonds will be used to provide funds to pay the costs of the settlement, adjustment, renewing, or extension of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, including General Obligation Urban Renewal Bonds, Taxable Series 2009B (BAB) and General Obligation Urban Renewal Bonds, Series 2010C. To the extent any of the projects or activities described in this resolution may be reasona- bly construed to be included in more than one classification under Division III of Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the Code of Iowa. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. The notice of the proposed action to issue bonds shall be in substantially the \[provided\] form: th Passed and approved this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk RESOLUTION NO. 47-17 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSU- ANCE OF NOT TO EXCEED $2,200,000 TAXABLE GENERAL OBLIGATION URBAN RE- NEWAL REFUNDING BONDS, SERIES 2017C OF THE CITY OF DUBUQUE, STATE OF IOWA (FOR AN ESSENTIAL CORPORATE PURPOSE), AND PROVIDING FOR PUBLI- CATION OF NOTICE THEREOF Whereas, by Resolution this Council found and determined that certain areas located with- in the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Greater Downtown Urban Renewal Plan (the "Plan") as amended for the Greater Downtown Urban Renewal Plan Area (the "Area" or "Urban Renew- al Area"), which Plan is on file in the office of the Recorder of Dubuque County, Iowa; and Whereas, it is deemed necessary and advisable that the City of Dubuque, State of Iowa, should issue Taxable General Obligation Urban Renewal Refunding Bonds, to the amount of not to exceed $2,200,000, as authorized by Sections 384.25 and 403.12, of the Code of Io- 16 wa, for the purpose of providing funds to pay costs of carrying out essential corporate pur- pose project as hereinafter described; and Whereas, before bonds may be issued, it is necessary to comply with the procedural re- quirements of Chapters 384 and 403 of the Code of Iowa, and to publish a notice of the pro- posal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: th That this Council meet in the Historic Federal Building, 350 West 6 Street, Dubuque, Io- th wa, at 6:00 P.M., on the 20 day of February, 2017, for the purpose of taking action on the matter of the issuance of not to exceed $2,200,000 Taxable General Obligation Urban Re- newal Refunding Bonds, Series 2017C, for an essential corporate purpose, the proceeds of which bonds will be used to provide funds to pay the costs of the settlement, adjustment, re- newing, or extension of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance, including Taxable General Obligation Urban Renewal Bonds, Series 2010B. To the extent any of the projects or activities described in this resolution may be reasona- bly construed to be included in more than one classification under Division III of Chapter 384 of the Code of Iowa, the Council hereby elects the essential corporate purpose classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the Code of Iowa. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days nor more than twenty days before the date of the public meeting on the issuance of the Bonds. The notice of the proposed action to issue bonds shall be in substantially the \[provided\] form: th Passed and approved this 6 day of February, 2017. Roy D. Buol. Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Greater Downtown Urban Renewal District Amendment - Resolution of Necessity: City Manager recommending approval of a Resolution of Necessity that finds that a proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- trict is both necessary and appropriate and sets a public hearing on the plan for March 6, 2017. Upon motion the documents were received and filed and Resolution No. 48-17 Resolu- tion of Necessity Finding that Certain Areas to be Included Within the Greater Downtown Ur- ban Renewal District Meet the Definition of a Blighted Area Under the Urban Renewal Law, and that Development of said Area Is Necessary in the Interest of the Residents of the City of Dubuque, Iowa, and Setting Dates of Hearing and Consultation on a Proposed Amended and Restated Urban Renewal Plan for Said District was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on March 6, 2017 in the Historic Federal Building. 17 RESOLUTION NO. 48-17 RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS TO BE INCLUDED WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE DEFINI- TION OF A BLIGHTED AREA UNDER THE URBAN RENEWAL LAW, AND THAT DE- VELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING DATES OF HEARING AND CON- SULTATION ON A PROPOSED AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (the “District”) in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, City staff has recommended that the District be expanded to add an adjacent area which meets the definition of a blighted area, as found in Chapter 403 of the Iowa Code, and that the proposed Amended and Restated Urban Renewal Plan (“Plan”)be updated to include such area and to update urban renewal project descriptions and make any other nec- essary revisions; and Whereas, Chapter 403 of the Iowa Code 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 ar- ea 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: th Section 1. That the area referred to herein as the 15 Street Subarea (which includes the former Blum properties), as generally described in Exhibit “A” and Exhibit “B” to this Resolu- tion and to be included in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, is a blighted area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project. th Section 2. That the development of the above-described 15 Street Subarea is necessary and appropriate to facilitate the proper growth and development of the community in accord- ance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to accom- plish the foregoing purposes and objectives, to include in such Plan any appropriate project activities and details, to determine an appropriate date for and conduct the consultation pro- cess required by law with affected taxing entities concerning the proposed Plan, and submit the Plan to the Planning Commission for review and recommendation as to its conformity with the general plan for the development of the community as a whole. Section 4. That the City Council hold a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis- th trict on March 6, 2017 at 6:00 p.m. in the Historic Federal Building, 350 West 6 Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas covered by the Plan and the general scope of the urban renewal activities planned for such areas, and said notice shall be published and available to the public not less than four days nor more 18 than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the affected taxing entities. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan in- cludes the use of tax increment revenues for a public building, an analysis of alternative de- velopment and funding options for such public buildings, to the Dubuque Community School District and the Dubuque County Board of Supervisors, as the affected taxing entities. th Passed, approved and adopted this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk BOARDS/COMMISSIONS The City Council reviewed applications to the following Boards and Commissions. Appli- cants were invited to address the City Council regarding their appointment. 1. Housing Commission: One, 3-year term through August 17, 2018 (Vacant At-Large term of Craddieth) Applicant: Shane Hoeper, 2520 North Grandview Ave spoke in favor of his ap- pointment. Appointments were made to the following Boards/Commissions. 2. Community Development Advisory Commission: One, 3-year term through February 15, 2020 (Expiring term of Blok) Applicant: Robert W. Blok, 2447 University Ave. Motion by Con- nors to appoint Robert W. Blok to a 3-year term through February 15, 2020. Seconded by Jones. Motion carried 7-0. 3. Investment Oversight Advisory Commission: One, 3-year term through July 1, 2018 (Vacant term of Chalmers) Applicant: Franz Becker, 1847 Finley St. Motion by Lynch to ap- point Franz Becker to a 3-year term through July 1, 2018. Seconded by Resnick. Motion car- ried 7-0. 4. Sister City Relationship Advisory Commission: Four, 3-year terms through February 1, 2020 (Expiring terms of Castaneda, Felderman, Landis and Ward) Applicants: Sheila Cas- taneda, 1014 Dunham Dr.; Robert Felderman, 241 Southgate Dr.; Dick Landis, 2390 Clarke Crest Dr.; Annalee Ward, 2758 Tiffany Ct. Motion by Connors to appoint Sheila Castaneda, Robert Felderman, Dick Landis, Annalee Ward each to a 3-year term through February 1, 2020. Seconded by Lynch. Motion carried 7-0. PUBLIC INPUT Chris Cullen, 877 Stone Ridge Place addressed the veteran’s preference process in refer- ence to Civil Service testing. 19 ACTION ITEMS 1. Dubuque Initiatives - Release of City Loan Guarantee for Roshek Building Project: Dubuque Bank & Trust Company President and CEO Doug Horstmann is informing the city of the release of the Roshek Building City of Dubuque Loan Guarantee on behalf of Dubuque Initiatives. Motion by Lynch to receive and file the documents. Greater Dubuque Develop- ment Corporation President and CEO Rick Dickinson gave a brief history of the Roshek Building. Mr. Dickinson responded to questions from Council. Seconded by Connors. Motion carried 7-0. th 2. Dubuque Initiatives - 4 Amendment to Development Agreement for Roshek Building: City Manager recommending approval of an amendment to the Development Agreement be- tween the City of Dubuque and Dubuque Initiatives for the redevelopment of the Historic Roshek Building. Motion by Connors to receive and file the documents and adopt Resolution No. 49-17 Approving the Fourth Amendment to the Development Agreement Between the City of Dubuque, Iowa and Dubuque Initiatives. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 49-17 APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE INITIATIVES Whereas, the City of Dubuque, Iowa (City) and Dubuque Initiatives (Developer) are parties to a Development Agreement dated February 17, 2009 (the Agreement), as amended on April 27, 2009, May 16, 2011, and September 6, 2011, relating to the redevelopment of the Roshek Building located generally at 700 Locust Street in the City (defined in the Original Agreement as the Property); and Whereas, Section 3.1 of the Agreement obligates the City to provide Developer with an Economic Development Grant; and Whereas, City and Developer desire to amend the Agreement to include a non- appropriation clause with respect to the Economic Development Grant as set forth in the Fourth Amendment, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Fourth Amendment to Development Agreement attached hereto is hereby approved and the Mayor is authorized and directed to sign the Fourth Amendment on behalf of the City of Dubuque. Section 2. All other provisions of the Agreement shall remain in full force and effect. th Passed, approved and adopted this 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 3. Comprehensive Annual Financial Report (CAFR) and Auditor’s Communication: City Manager transmitting the Fiscal Year 2016 Comprehensive Financial Report (CAFR), Audi- tor’s Communication with Those Charged with Governance Letter, the City Finance staff re- sponses to Auditor’s Findings and Eide Bailly CPA Audit Partner Brian Unsen made a presentation. Motion by Connors to receive and file the documents and Make Matter of Rec- ord. Seconded by Jones. Motion carried 7-0. 20 4. 2016 Iowa Mission of Mercy - Dubuque Video Presentation: City Manager recommend- ing approval to share the Iowa Mission of Mercy 2016 video of the Clinic held on September 23-24, 2016 at the Five Flags Center. Motion by Connors to receive, file and approve the viewing of the video. Seconded by Del Toro. Motion carried 7-0. 5. Code of Ordinances Amendment - Title 6 Prohibited / Exempt Noises: City Manager recommending approval of amendments to Ordinance 6-5-1 Prohibited Noises by broadening the scope of prohibited noises and Ordinance 6-5-3 regarding Exempt Noises by removing the disorderly conduct exemption. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 4-17 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chap- ter 5 Noises, Section 6-5-1 Prohibited Noises by Broadening the Scope of Prohibited Noises and Ordinance No. 5-17 Amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 5 Noises, Section 6-5-3 Exempt Noises by Removing the Disorderly Conduct Exemption Seconded by Connors. Motion carried 7-0. ORDINANCE NO. 4-17 OFFICIAL PUBLICATION AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5-1 PROHIBITED NOISES BY BROADENING THE SCOPE OF PROHIBITED NOISES Section 1. Section 6-5-1 of the City of Dubuque Code of Ordinances is amended to read as follows: 6-5-1: PROHIBITED NOISES: No person shall cause or permit any loud and excessive noise that results in annoyance or discomfort to a reasonable person of normal sensitivities. Without limiting or precluding en- forcement of any other provision of this chapter or this code, the following are hereby prohib- ited: A. Horns, Signaling Devices: The sounding of any horn or signaling device such as that on any automobile, motorcycle, bus or other vehicle on any street or public place of the city, ex- cept as a danger warning, or the sounding of any such device for an unnecessary and unrea- sonable period of time. B. Crying Of Wares: The sale by outcry within any area of the city zoned for residential us- es. However, this subsection shall not be construed to prohibit the selling by outcry of mer- chandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events, nor to prohibit the selling of newspapers by out- cry. C. Animals And Fowl: The keeping of, upon any premises owned, occupied or controlled by any person, any animal or fowl otherwise permitted to be kept which, by any sound or cry, shall cause annoyance or discomfort to a reasonable person of normal sensibilities. 21 D. Loading, Unloading, Opening Boxes: The creation of any loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers. E. Schools, Courts, Churches, Hospitals: The creation of any loud and excessive noise on any street adjacent to any school, institution of learning, church or court while same is in use, or adjacent to any hospital, which unreasonably interferes with the workings of such institu- tion, or which disturbs or unduly annoys patients in the hospital. F. Construction Or Repair Of Buildings: The creation of any loud or excessive noise result- ing from erection, excavation, demolition, alteration or repair of any structure or building ex- cept between the hours of seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday, and nine o'clock (9:00) a.m. and six o'clock (6:00) p.m. on Saturday and Sun- day. G. Pile Drivers, Hammers: The operation of any pile driver, pneumatic hammer, derrick, power hoist or other construction equipment, except between the hours of eight o'clock (8:00) a.m. and six o'clock (6:00) p.m., Monday through Friday, and nine o'clock (9:00) a.m. and six o'clock (6:00) p.m., Saturday and Sunday, and when so permitted, only if equipped with an effective muffling device. H. Refuse Or Recyclables Collection: The collection of garbage, trash, refuse or recycla- bles in any area zoned residential except between the hours of six o'clock (6:00) a.m. and nine o'clock (9:00) p.m. of any day and, when so permitted, only in a manner so as not to create a loud or excessive noise. I. Vehicle Repairs: The creation of loud and excessive noise resulting from the repair or rebuilding of any motor vehicle within any residential area of the city except between the hours of nine o'clock (9:00) a.m. and nine o'clock (9:00) p.m. daily but only in such a manner that a reasonable person of normal sensitivities residing in the area will not be caused dis- comfort or annoyance. J. Exhausts: The discharge into the open air of the exhaust of any engine, including a steam engine, internal combustion engine, motorboat or motor vehicle or the discharge of air or other gases except through a muffler or other device that will effectively prevent loud or explosive noises therefrom. K. Stationary Machinery, Equipment And Fans: The operation of any immobile machine, equipment, pump, fan or similar mechanical device in any manner so as to create any loud and excessive noise. L. Loud, Unnecessary Or Unusual Noise: Notwithstanding any other provision of this chap- ter or code, and in addition thereto, it shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reason- able person of normal sensitivities. M. Outdoor Music Or Amplified Noise: The making or continuing to make any outdoor mu- sic or amplified noise between the hours of ten o'clock (10:00) p.m. on Sunday and nine o'clock (9:00) a.m. on Monday, ten o'clock (10:00) p.m. on Monday and nine o'clock (9:00) a.m. on Tuesday, ten o'clock (10:00) p.m. on Tuesday and nine o'clock (9:00) a.m. on Wednesday, ten o'clock (10:00) p.m. on Wednesday and nine o'clock (9:00) a.m. on Thurs- day, ten o'clock (10:00) p.m. on Thursday and nine o'clock (9:00) a.m. on Friday, twelve o'clock (12:00) midnight on Friday and nine o'clock (9:00) a.m. on Saturday and twelve o'clock (12:00) midnight on Saturday and nine o'clock (9:00) a.m. on Sunday, when the per- 22 son making or causing to make such music or noise knows or reasonably should know the music or noise would disturb the peace of a reasonable person. Section 2. This Ordinance takes effect on publication. th Passed, approved, and adopted the 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk ORDINANCE NO. 5-17 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 5 NOISES, SECTION 6-5-3 EXEMPT NOISES BY REMOVING THE DISORDERLY CONDUCT EXEMPTION Section 1. Section 6-5-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 6-5-3: EXEMPT NOISES: The following noises are exempt from the provisions of this chapter: A. Emergency Operations: Emergency short term operations that are necessary to protect the health and welfare of the citizens, such as emergency utility and street repair, fallen tree removal or emergency fuel oil delivery, shall be exempt from the prohibition of section 6-5-1 of this chapter; provided, that reasonable steps shall be taken by those in charge of such op- erations to minimize noise emanating from the same. B. Noise Required By Law: The prohibition of section 6-5-1 of this chapter shall not apply to any noise required specifically by law for the protection or safety of people or property. C. Lawn Mowers, Garden Tools: Powered equipment, such as lawn mowers, small lawn and garden tools, riding tractors and snow removal equipment that is necessary for the maintenance of property, if kept in good repair and maintenance, shall be exempt from the prohibition of section 6-5-1 of this chapter. No person shall operate such equipment, howev- er, with the exception of snow removal equipment, except between the hours of eight o'clock (8:00) a.m. and sunset, Monday through Friday, and nine o'clock (9:00) a.m. to sunset, Sat- urday and Sunday. D. Residential Air Conditioners: Noise emitted by residential air conditioners shall be gov- erned by section 6-5-4 of this chapter. E. Airplanes: Aircraft operations that are controlled specifically by federal law shall be ex- empt from the prohibition of this chapter. F. Bells, Chimes: Bells, chimes and similar devices that signal the time of day and operate during the daytime hours for a duration of no longer than five (5) minutes in any given one hour period shall be exempt from the prohibition of section 6-5-1 of this chapter. Section 2. This Ordinance takes effect on publication. th Passed, approved, and adopted the 6 day of February, 2017. Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 6. Plastic Bag Reduction Strategy Follow-up: City Manager recommending that a ban, tax, or fee on single-use plastic bags not be established and direction is requested regarding fur- ther staff dedication to voluntary efforts. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Del Toro. After lengthy discussion by Coun- cil, topics included: The use of cloth bags, personal volunteer ban, positive reinforcement, 23 education, re-establishing a task force and presenting the issue to the newly appointed Resil- ient Community Advisory Commission. Restate motion by Jones to receive and file the documents and direct legal staff to develop options for a ban of single use plastic bag ordinance. Del Toro declined to second the motion. Seconded by Rios. Motion carried 4-3 with Resnick, Connors, and Del Toro voting nay. 7. Presentation of FY 2018 Budget Recommendation: City Manager submitting the Fiscal Year 2018 Recommended Budget Transmittal Message and provided a presentation. Motion by Connors to receive and file. Seconded by Lynch. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones requested that staff present at a future meeting the rules and regu- lations regarding flashing yellow lights and the development of Best Practice Policies for Drones. Council member Jones also apologized to the Dubuque Chamber of Commerce for taking ownership and referring to the Leadership Dubuque Program as a program developed by the City. Council Member Lynch reported on his attendance, on behalf of the Mayor, at a meeting of a newly formed group called Trees Forever. Council Member Resnick reported on his attendance to a wake of a citizen of Dubuque who has contributed so much to the community and wanted to reiterate the request by Coun- cil Member Jones regarding the flashing yellow lights. CLOSED SESSION Motion by Jones to convene in closed session at 8:31 p.m. to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Seconded by Resnick. Motion carried 7-0. Upon motion, the City Council reconvened in open session at 9:22 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 9:23 p.m. /s/Trish L. Gleason, CMC Assistant City Clerk 24