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3 19 18 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 March 19, 2018 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw; 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 PROCLAMATION(S) 1 . Keep Iowa Beautiful Month (April 2018) was accepted by Stephen Fehsal, City of Dubuque Recreation Division Manager. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Del Toro. Motion carried 7-0. 1 . Minutes and Reports Submitted: Airport Commission of 2/26; Cable TV Commission of 3/7; City Council Proceedings of 2/27, 2/28, 3/5; Civil Service of 2/27, Human Rights Commission of 2/12; Library Board of Trustees Update #168 of 2/22; Transit Advisory Board of 3/8; Zoning Advisory Commission of 3/7; Zoning Board of Adjustment of 2/22; Proof of Publication for City Council Proceedings of 2/12, 2/15, 2/19. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Salome Farfan for personal injury, Eric Imhof for vehicle damage, and Rainbo Oil Company for property damage, Wesley Heimke for vehicle dam- age, Christina Wilson for vehicle damage. Upon motion the documents were received and filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Salome Farfan for personal injury, Eric Imhof for vehicle damage, Rainbo Oil Company for property damage. Upon motion the documents were received, filed, and concurred. 4. March Utility Bill Inserts: City Manager providing public information brochures re- garding power outage preparedness and the online customer water management tool Welcome to Watersmart being distributed with the March 2018 utility bills. Upon motion the document was received and filed. 1 5. Dubuque Jaycees Fireworks Request 2018: Correspondence from Thomas Parsley, General Manager for Radio Dubuque, in partnership with the Dubuque Jaycees, request- ing approval to conduct a fireworks display on Sunday, July 3, 2018 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne Street and Lime Street in conjunction with the closure of indicated streets and A.Y. McDonald Park as part of a special events request. The rain date is July 4, 2018. Upon motion the document was received, filed and approved. 6. Fiscal Year 2019 Adopted Property Tax Rate Comparison for Eleven Largest Iowa Cities: City Manager providing updated comparisons for the 11 cities in the State of Iowa with a population greater than 50,000 now that all cities have adopted their Fiscal Year 2019 property tax levy. Upon motion the document was received, filed and made a Matter of Record. 7. 2018 Federal Legislative Priorities: City Manager recommending adoption of the 2018 Federal Legislative Priorities. Upon motion the documents were received and filed. 8. Civil Service Commission - Certified Lists: Civil Service Commission submitting the Certified Lists for the positions of Forestry Technician, Planning Technician, and Traffic Signal Technician II. Upon motion the documents were received, filed and made a Matter of Record. February 27, 2018 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Forestry Technician was administered on January 30, 2018. We hereby certify that the individuals listed below have passed this examination and the vacancy for this position should be filled from this list and that this list is good for one (1) year from above date. Forestry Technician 1 . Mark Meyer, 2. Dimitri Cashman, 3. Mark Heiderscheit, 4. Tim Lattner, 5. Austin Decker, 6. Jeffrey Leibold, 7. Joshua Schuster, 8. Lesley Sherifan, 9. Barbara Liska, 10. Jerome Ben, 11 . Paul Neuhaus Respectfully submitted, /s/Dan White, Chairman Civil Service Commission February 27, 2018 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Planning Technician was administered via "take-home" exam. We hereby certify that the individuals listed below have passed this "take-home" examination and the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. 2 Planning Technician 1 . Benjamin Biver, 2. Katie Gandhi, 3. Robin Kennicker, 4. Jake Ott, 5. Layla Bajelan, 6. Travis Schrobilgen, 7. John Sewell, 8. Aimee Winter, 9. Adam Kofoed, 10. Rachel Kil- burg, 11 . Matthew Peters, 12. Helen Temeyer, 13. Thomas Ameche, 14. Devin Kamperschroer, 15. Anita Odobasic-Gonyier, 16. Caleb Scheidel Respectfully submitted, /s/Dan White, Chairman Civil Service Commission February 27, 2018 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Traffic Signal Technician II was administered via "take-home" exam. We hereby certify that the individuals listed below have passed this "take-home" examination and the va- cancy for this position should be filled from this list and that this list is good for one (1) year from above date. Traffic Signal Technician II 1 . Michael Reinert, 2. Tyler Kennedy, 3. Steven Gerardy, 4. Eric Trausch, 5. Randy Root, 6. Brad Nesteby Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 9. Designated Agents of the City of Dubuque Limited Authorization to Execute With- drawals on Behalf of the City of Dubuque: City Manager recommending approval of a resolution granting the City Finance Director/Treasurer and authorized signers from Wellmark limited authorization to make withdrawals from a specialized City of Dubuque Bank account. Upon motion the documents were received and filed, and Resolution No. 57-18 Authorizing certain designated agents of the City of Dubuque limited authorization to execute withdrawals on behalf of the City of Dubuque was adopted. RESOLUTION NO. 57-18 AUTHORIZING CERTAIN DESIGNATED AGENTS OF THE CITY OF DUBUQUE LIM- ITED AUTHORIZATION TO EXECUTE WITHDRAWALS ON BEHALF OF THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque deposits certain funds for specific use in local commer- cial banking institutions; and Whereas, the commercial banking institutions require authorization by the City Council for City employees and others to make withdrawals on such banking institutions; and Whereas, the City Council has determined that agents of the City of Dubuque who may make withdrawals on a designated account on behalf of the City of Dubuque for the City of Dubuque Medical Health Account at American Trust and Savings Bank. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Wellmark authorized individuals are hereby granted ability to make withdraw- als on behalf of the City of Dubuque for the Medical Health Account at American Trust and Savings Bank. 3 Passed, approved and adopted this 19th day of March, 2018 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Designated Agents of the City of Dubuque Finance Department Authorization to Obtain Information and Make Transfers Between City of Dubuque Bank Accounts: City Manager recommending approval of a Resolution authorizing the Finance Accountant and Account Clerk to obtain information and transfer money between City of Dubuque bank accounts. Upon motion the documents were received and filed, and Resolution No. 58-18 Authorizing certain City of Dubuque Finance Department employees to obtain bank account information and make transfers between City of Dubuque bank accounts within a banking institution was adopted. RESOLUTION NO. 58-18 RESOLUTION AUTHORIZING CERTAIN CITY OF DUBUQUE FINANCE DEPART- MENT EMPLOYEES TO OBTAIN BANK ACCOUNT INFORMATION AND MAKE TRANSFERS BETWEEN CITY OF DUBUQUE BANK ACCOUNTS WITHIN A BANK- ING INSTITUTION Whereas, the City of Dubuque maintains accounts with local banking institutions; and Whereas, the banking institutions require authorization by the City Council for City em- ployees other than those designated on account signature cards to obtain bank account information and transfer funds between City accounts at that institution; and Whereas, the City Council has determined that the City employees who may obtain bank account information and transfer funds between accounts within a banking institu- tion are the Finance Department Accountant and Finance Account Clerk positions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The Finance Accountant and Finance Account Clerk positions, are hereby authorized to obtain bank account information on all City of Dubuque accounts and to transfer funds between the City's accounts within a banking institution. Transfers shall be authorized via telephone or written request. Passed, approved and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11 . Plat of Survey Linwood Place (2736 Windsor Avenue): Zoning Advisory Commis- sion recommending approval of the Plat of Survey for Linwood Place (2736 Windsor Av- enue) as requested by the Linwood Cemetery Association subject to waiving the lot front- age for Lot 1 . Upon motion the documents were received and filed, and Resolution No. 59-18 Approving the Plat of Survey of Linwood Place in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 59-18 APPROVING THE PLAT OF SURVEY OF LINWOOD PLACE IN THE CITY OF DUBU- QUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Linwood Place in the City of Dubuque, Iowa; and 4 Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or ap- proved private street, where 50 feet of street frontage is required by Section 11-14 of Title 15 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey 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 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 0 feet of frontage on a public street or an approved private street for Lot 1 . Section 2. That the Plat of Survey Linwood Place 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 Plat of Survey. Passed, approved and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Plat of Survey - O'Rourke Farms Addition: Zoning Advisory Commission recom- mending approval of the Plat of Survey for O'Rourke Farms Addition at U.S. Highway 61/151 and the Southwest Arterial as requested by the Iowa Department of Transporta- tion. Upon motion the documents were received and filed, and Resolution No. 60-18 Ap- proving the Plat of Survey of O'Rourke Farms Addition in Dubuque County, Iowa was adopted. RESOLUTION NO. 60-18 APPROVING THE PLAT OF SURVEY OF O'ROURKE FARMS ADDITION IN DUBU- QUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of O'Rourke Farms Addition in the Dubuque County, Iowa; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey 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 the Plat of Survey of O'Rourke Farms Addition 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 Plat of Survey. Passed, approved and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 60-18 I, the undersigned, , representing , having read the terms and conditions of the Resolution No. 60-18 and being familiar with the conditions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2018. 5 13. Final Plat Sky Blue Estates Subdivision No. 2 Public Improvements Extension: City Manager recommending approval of a 180-day extension by rescinding Resolution No. 405-16 and adopting the new resolution approving the Final Plat of Sky Blue Estates #2. Upon motion the documents were received and filed, and Resolution No. 61-18 Re-Ap- proving the Final Plat of Sky Blue Estates #2 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 61-18 RE-APPROVING THE FINAL PLAT OF SKY BLUE ESTATES #2 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Sky Blue Estates #2 in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Sky Blue Drive (Lot A), Zephyr Drive (Lot B), and Golden Eagle Drive (Lot C) together with certain public utility, storm sewer and water main easements, which the owner by said final plat has dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and her approval has been endorsed thereon, subject to the owner's agreeing to the conditions specified herein; and Whereas, said final plat has been examined by the City Council and the City Council find the final plat conforms to the applicable statutes and ordinances, except that streets and public utilities have not yet been completely constructed or installed. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Resolution No. 405-16 is hereby rescinded. Section 2. That the dedication of Sky Blue Drive (Lot A), Zephyr Drive (Lot B) and Golden Eagle Drive (Lot C) and the easements for public utilities, storm sewer and water mains, as they appear on said final plat, be and the same are hereby accepted; and Section 3. That the Final Plat of Sky Blue Estates#2 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 of the attached conditions and further agree: (a) To reduce Sky Blue Drive (Lot A), Zephyr Drive (Lot B), and Golden Eagle Drive (Lot C) to grade and to construct longitudinal sub-drain, concrete curb and gutter with asphaltic concrete pavement or with Portland Cement concrete pavement with integral curb, all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm sewers and catch basins, boulevard street lighting, fiber optic conduit, and erosion control devices all in accordance with the City of Dubuque standard specifications in a manner ac- ceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (c) To construct accessible sidewalk ramps at each intersection in accordance with City of Dubuque Standards and Specifications. 6 d) To construct the improvements outlined in (a) and (b)above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (e) To maintain the improvements outlined in (a) and (b) above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner; (f) To provide security for the performance of the foregoing conditions specified in this Section in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. Section 4. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights-of-way, including lots with multiple frontages, as re- quired by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 5. That the owner must construct and maintain erosion control devices in Sky Blue Estates which control erosion and prevent sediment from leaving the site. The owner shall also be responsible for maintenance of the detention facility located on Lot G of Eagle Valley Subdivision until 80% of the lots shown on the preliminary plat of in Sky Blue Estates, which drain into said detention facility, have been fully developed and adequate erosion control measures, as approved by the City Engineer, have been installed on the remaining 20% of said lots. Until the above 80% of lots are developed, maintenance of the detention facilities in Lot G Eagle Valley Subdivision shall include the removal of sed- iment and other debris caused by construction activities in Sky Blue Estates and reshap- ing and reseeding of the disturbed areas. After said 80% lots are developed, inspection, administration, and maintenance expenses incurred by the City of Dubuque for the storm water detention facility on Lot G of Eagle Valley Subdivision shall be assessed against the property owners, except the City of Dubuque, in Eagle Valley Subdivision and Sky Blue Estates as indicated on the preliminary plats thereof, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 6. That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right-of-way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer's expense. Section 7. That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City standards and specifications and accepted by City Council Resolution. Section 8. That in the event E.K.M., LLC fails to execute the acceptance and furnish the guarantees provided hereof within 180 days after the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the dedication and approval the plat shall not be effective. Passed, approved and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 61-18 I, the undersigned, Richard J. Ehrlich, representing E.K.M., LLC, having read the terms and conditions of the Resolution No. 61-18 and being familiar with the conditions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2018. 7 /s/Richard J. Ehrlich 14. Pre-Annexation Agreement - Hurm-Decker: City Manager recommending approval of a Pre-Annexation Agreement with Peter Hurm and Melissa L. Decker, property owners of Lot 13 in Twin Ridge Subdivision No. 2. as part of connecting the subdivision with the City's water and sewer system. Upon motion the documents were received and filed, and Resolution No. 62-18 Approving a Pre-Annexation Agreement between the City of Dubu- que, Iowa and Peter Hurm and Melissa L. Decker was adopted. RESOLUTION NO. 62-18 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND PETER HURM AND MELISSA L. DECKER Whereas, Peter Hurm and Melissa L. Decker, owners of the following described prop- erty in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lots 13 in Twin Ridge Subdivision No. 2 in Section 12 in Table Mound Township, Dubuque County, Iowa, according to the recorded plat thereof; and Whereas, Peter Hurm and Melissa L. Decker have entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The Pre-annexation Agreement by and between Peter Hurm and Melissa L. Decker and the City of Dubuque is hereby approved. Passed, approved and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. IDOT Funding Agreement SW Arterial Design Pave 4-Lanes: City Manager recom- mending approval for the Mayor to execute a Cooperative Funding Agreement with the Iowa Department of Transportation to assist with partial funding to complete the final en- gineering design for the remaining 4-lane construction of the Southwest Arterial Project. Upon motion the documents were received and filed, and Resolution No. 63-18 Approving the Cooperative Funding Agreement (Agreement No. 2018-16-119) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - Final Design 4-Lane Project was adopted. 8 RESOLUTION NO. 63-18 APPROVING THE COOPERATIVE FUNDING AGREEMENT (AGREEMENT NO. 2018- 16-119) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANS- PORTATION FOR THE SOUTHWEST ARTERIAL -FINAL DESIGN 4-LANE PROJECT Whereas, the Dubuque City Council, the Dubuque County Board of Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber of Commerce and the Greater Dubuque Development Corporation have all identified the completion of the Southwest Arterial Project as the No. 1 surface transportation priority in the Dubuque area; and Whereas, the City of Dubuque (City) and Iowa Department of Transportation (Iowa DOT) desire to maintain and increase transportation infrastructure while improving safety for the motorist within the City of Dubuque and Dubuque County and acknowledge the mutual benefit to partner on the Southwest Arterial Project; and Whereas, the City and the Iowa DOT executed a Memorandum of Understanding (MOU) and a Transfer of Roadway Jurisdiction (TOJ) for the completion of the Southwest Arterial project; and Whereas, in effort to keep the project development on schedule while preparing to incorporate the remaining 4-lane construction phases should the additional funding be approved in the upcoming Iowa DOT's 5-Year Transportation Improvement Program; both the City and the Iowa DOT have agreed that AECOM should immediately proceed with completing the final engineering design for the remaining (2) bridges and the remain- ing 2-lane paving; and Whereas, on December 18, 2017, the City Council approved (Resolution 402-17) and authorized the Consultant Professional Services - Supplemental Agreement No. 19 with AECOM to perform final engineering design to complete the 4-lane construction of the Southwest Arterial Project; and Whereas, on December 22, 2017, AECOM was issued a notice to proceed with com- pleting the final engineering design for the remaining (2) bridges and the remaining 2- lane paving; and Whereas, with both the City and Iowa DOT agreeing to allocate funding now to com- plete final engineering design, this will allow the remaining 2 bridges and the remaining 2-lane paving to be designed over the next 12 months; and Whereas, the Iowa DOT has committed Primary Road Funds ($400,000) to assist with partial funding for final engineering design costs to complete the 4-lane construction plans; and Whereas, the anticipated funding for the project summary is as follows: CIP No. 1 Fund Source DescriptionAmount 3001287 + City - DMATS STBG Funds I $ 777,580 3001287 ! Iowa DOT - Primary Roads Funds ! 400,000 '; Total Project Funding $ 1,177,580 Now, therefore, it is agreed by and between the parties as follows: Section 1. City of Dubuque and the Iowa Department of Transportation hereby agree to partner on completing the final engineering design for the remaining 4-lane construction of the Southwest Arterial Project. Section 2. Whereas, the City of Dubuque hereby agrees to allocate DMATS STBG Funds for completing the 4-lane final engineering design. Section 3. Whereas, the Iowa Department of Transportation hereby agrees to allocate State Primary Roads Funds for completing the 4-lane final engineering design. 9 Section 4. The Mayor is hereby authorized to execute the Cooperative Funding Agree- ment (Agreement No. 2018-16-119), between the City of Dubuque and the Iowa Depart- ment of Transportation to assist with partial funding to complete the final engineering de- sign for the remaining 4-lane construction of the Southwest Arterial Project. Passed, approved and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. College and University Transit Partnership Contracts: City Manager recommending approval of the contracts for College/University Transit Partnership with Clarke University, Loras College and University of Dubuque for the 2018-2019 school year. Upon motion the documents were received, filed, and approved. 17. GHD License Agreement for Site Assessment: City Manager recommending ap- proval of a License Agreement with GDH Services Inc, on behalf of MidAmerican Energy Company in the area of 949 Kerper Blvd. and the former Peoples Natural Gas site. Upon motion the documents were received and filed, and Resolution No. 64-18 Authorizing License Agreement for Site Assessment Between the city of Dubuque and GHD to Install Eight Water Level Transducers and Three Silty Sand Aquifer Monitoring Wells on Public Parcel and Public Right-Of-Way in the Area of 949 Kerper Boulevard was adopted. RESOLUTION NO. 64-18 AUTHORIZING LICENSE AGREEMENT FOR SITE ASSESSMENT BETWEEN THE CITY OF DUBUQUE AND GHD TO INSTALL EIGHT WATER LEVEL TRANSDUCERS AND THREE SILTY SAND AQUIFER MONITORING WELLS ON PUBLIC PARCEL AND PUBLIC RIGHT-OF-WAY IN THE AREA OF 949 KERPER BOULEVARD Whereas, GHD, on behalf of MidAmerican Energy Company, has requested permis- sion from the City of Dubuque to install eight additional water level transducers and three silty sand aquifer monitoring wells on City property and right-of-way west of 949 Kerper Boulevard in Dubuque, Iowa, for the purpose of evaluating impacted groundwater that may be associated with the former Peoples Natural Gas (PGN) site; and Whereas, the License Agreement for Site Assessment has been prepared outlining the responsibilities of GHD in the installation of a monitor wells and transducers and in the performance of proposed work on public right-of-way; and Whereas, the performance of the activities of GHD will be at no cost or expense to the City, and all work will be performed by GHD, or its employees, agents or subcontractors; and Whereas, it is the desire of the City Council to approve said License Agreement for Site Assessment for the installation of monitoring well and soil boring in the public right- of-way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The License Agreement for Site Assessment be and the same is hereby approved. Section 2. That the Mayor be and is hereby authorized to execute said License Agree- ment for and on behalf of the City Council. Passed, approved and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10 18. Letter of Support for NEH Challenge Grant Application: City Manager transmitting a letter of support for the Dubuque County Historical Society's application for a National Endowment for the Humanities (NEH) Challenge Grant for improvements to the Mathias Ham House Historical Site and the William M. Black historic dredge boat. Upon motion the documents were received and filed. 19. Opportunity Zone Designation Application: City Manager recommending approval to submit an application to the Iowa Economic Development Authority for Opportunity Zone designation for three contiguous census tracts (1 , 5, and 101 .03). Upon motion the documents were received, filed and approved. 20. Improvement Contracts / Performance, Payment and Maintenance Bonds: D&D Concrete, Inc., for the 2018 Asphalt Overlay Ramp Project One. Upon motion the docu- ments were received, filed and approved. 21 . Tobacco Compliance Civil Penalty for Tobacco License Holder — Iowa Street Mar- ket: City Manager recommending approval of the Acknowledgement/Settlement Agree- ment for a tobacco compliance violation for Iowa Street Market, 1256 Iowa Street. Upon motion the documents were received, filed and approved. 22. Tobacco Compliance Civil Penalty for Tobacco License Holder — Kwik Stop #48: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop #48, 3201 Central Avenue. Upon motion the documents were received, filed and approved. 23. Tobacco Compliance Civil Penalty for Tobacco License Holder — Kwik Stop #74: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop #74, 2360 Central Avenue. Upon motion the documents were received, filed and approved. 24. Tobacco Compliance Civil Penalty for Tobacco License Holder — Kwik Stop #78: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop #78, 4039 Pennsylvania Avenue. Upon motion the documents were received, filed and approved. 25. Tobacco Compliance Civil Penalty for Tobacco License Holder — Kwik Stop #86: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop #86, 2150 Twin Valley Drive. Upon mo- tion the documents were received, filed and approved. 26. Tobacco Compliance Civil Penalty for Tobacco License Holder — Kwik Stop #300: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop #300, 1215 E. 16th Street. Upon motion the documents were received, filed and approved. 11 27. Tobacco Compliance Civil Penalty for Tobacco License Holder — Walgreens #11942: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Walgreens#11942, 345 E. 20th Street. Upon motion the documents were received, filed and approved. 28. 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. 65-18 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. 65-18 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 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 Bunker Hill Golf Course 2200 Bunker Hill Rd. Class C Liquor (Outdoor) (Sunday) Eagles Club 1175 Century Dr. Class C Liquor (Sunday) Hartig Drug Co. 2255 J.F. Kennedy Rd. Class E Liquor, Class B Wine, Class C Beer (Sunday) Hy-Vee #3 400 Locust St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Hy-Vee Gas#3 300 Locust St. Class C Beer, Class B Native Wine (Sunday) Kwik Stop 16th St. #300 1215 East 16th St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Kwik Stop 16th Street #325 1210 E. 16th St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Kwik Stop Food Mart 2360 Central Ave. Class E Liquor, Class B Wine, Class C Beer (Sunday) Noonan's Tapp 11618 Central Ave. Class C Liquor (Sunday) 12 Panchero's Mexican Grill 4840 Asbury Rd. Class B Beer (Outdoor) (Sun- day) Salsa's Mexican Rest. 1091 Main St. Class C Liquor (Sunday) The Venue 285 Main St. 1 Class C Liquor (Sunday) Special Events Hotel Julien Dubuque 4-26 200 Main St. Adding Temporary Outdoor Service The Sweet Spot 4-26 269 Main St. Adding Temporary Outdoor Service Passed, approved and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick 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 Jones. Motion carried 7-0. 1 . Development Agreement with 653 White Properties, LLC to Redevelop Property at 653 White Street: City Manager recommending setting a public hearing on April 2, 2018 on a proposed Development Agreement between the City of Dubuque and 653 White Properties, LLC for redevelopment of the property at 653 White Street. Upon motion the documents were received and filed and Resolution No. 66-18 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the execution of a Develop- ment Agreement between the City of Dubuque and 653 White Properties, LLC, including the proposed issuance of Urban Renewal Tax Increment Revenue Obligations, and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April, 2, 2018 in the Historic Federal Building. RESOLUTION NO. 66-18 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE EXECUTION OF A DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND 653 WHITE PROPERTIES, LLC, INCLUDING THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City of Dubuque, Iowa (City) and 653 White Properties, LLC have entered into a Development Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement with 653 White Properties, LLC; and Whereas, it is deemed necessary and advisable that the City Council should authorize Urban Renewal Tax Increment Revenue Obligations, as provided by Iowa Code Chapter 403, and to enter into the Development Agreement for the purpose of carrying out the expansion of property located at 653 White Street as described in the Development Agreement; and 13 Whereas, before said obligations may be approved, Iowa Code Chapter 403 requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to enter into a Development Agreement with 653 White Properties, LLC and to authorize Urban Renewal Tax Increment Revenue Obligations, to be held on the 2nd day of April, 2018, at 6:00 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa. Section 2. The City Council will meet at said time and place for the purpose of taking action on approving the execution of the Development Agreement with 653 White Prop- erties, LLC, and authorizing Urban Renewal Tax Increment Revenue Obligations, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to 653 White Properties, LLC, pursuant to the Development Agreement. It is ex- pected that the aggregate amount of the Tax Increment Revenue obligations to be issued will be approximately $5,000.00. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. 22nd Street / Kaufmann Avenue Storm Sewer Capacity Improvement Project (Elm Street to White Street): City Manager recommending initiation of the public bidding pro- cedure for the 22nd Street Storm Sewer Improvements Project (Elm Street to White Street), and further recommends that a public hearing be set for April 2, 2018. Upon mo- tion the documents were received and filed and Resolution No. 67-18 Preliminary ap- proval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated costs; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 2, 2018 in the Historic Federal Building. RESOLUTION NO. 67-18 22ND STREET STORM SEWER IMPROVEMENTS PROJECT (ELM TO WHITE) PRE- LIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA- TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE AD- VERTISEMENT FOR BIDS 14 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the 22nd Street Storm Sewer Improvements Project (Elm to White) in the estimated amount of $4,267,144.00 are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 2nd day of April, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The 22nd Street Storm Sewer Improvements Project (Elm to White) is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.citvofdubuque.orq/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 10th day of April, 2018. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 10th day of April 2018, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Community Development Block Grant National Disaster Resilience (CDBG-NDR) Housing Status of Funded Activity Set Public Hearing: City Manager recommending set- ting a public hearing for April 2, 2018, on the Status of Funded Activities Contract #13- NDRH-001 for Community Development Block Grant, National Disaster Resilience Hous- ing Grant, locally known as the Bee Branch Healthy Homes Resiliency Program. Upon motion the documents were received and filed and Resolution No. 68-18 Setting a Public Hearing on Status of Funded Activities- Contract#13-NDRH-001 for the Community De- velopment Block Grant, National Disaster Resilience (CDBG-NDR) Housing Grant was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 2, 2018 in the Historic Federal Building. RESOLUTION NO. 68-18 SETTING A PUBLIC HEARING ON STATUS OF FUNDED ACTIVITIES- CONTRACT #13-NDRH-001 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, NATIONAL DISASTER RESILIENCE (CDBG-NDR) HOUSING GRANT 15 Whereas, the city of Dubuque, Iowa by and through its Housing & Community Devel- opment Department, as required by Section 508 of the Housing and Community Devel- opment Act of 1987 requires local governments to have a public hearing on the status of a funded activity during the project; and Whereas, an interest by the City in the various parcels of real estate which have been rehabilitated or repaired under the eligible activities provided through the Iowa Economic Development Authority Community Development Block Grant National Disaster Resili- ency Grant (Contract #13-NDRH-001) and other applicable standards via grant funding received from the U.S. Department of Housing and Community Development. 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 Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:00 p.m. on April 2, 2018 for the purpose of holding a public hearing and taking action to include the Status of Funded Activities CONTRACT #13-NDRH-001 For Community Development Block Grant, National Disaster Resilience (CDBG-NDR) Housing Grant. Section 2. That the City Clerk be hereby authorized and directed to publish a notice of such public hearing and the City Council's intent to review and take action on the Status of Funded Activities CONTRACT #13-NDRH-001 For Community Development Block Grant, National Disaster Resilience (CDBG-NDR) Housing Grant. Passed, approved and adopted this 19th day of March 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Status of Funded Activities for Community Development Block Grant and National Disaster Resilience Grant: City Manager recommending setting a public hearing for April 2, 2018, on the status of funded activities associated with the Bee Branch Watershed Flood Mitigation Project infrastructure improvements funded in part by the $23.3 million in HUD National Disaster Resilience Grant specifically for infrastructure. Upon motion the documents were received and filed and Resolution No. 69-18 Setting a Public Hearing on the Status of Funded Activities Associated with Contract #13-NDRI-011 for the Commu- nity Development Block Grant, National Disaster Resilience (CDBG-NDR) Infrastructure Grant was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 2, 2018 in the Historic Federal Building. RESOLUTION NO. 69-18 SETTING A PUBLIC HEARING ON THE STATUS OF FUNDED ACTIVITIES ASSOCI- ATED WITH CONTRACT #13-NDRI-011 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, NATIONAL DISASTER RESILIENCE (CDBG-NDR) INFRASTRUC- TURE GRANT Whereas, the city of Dubuque, Iowa entered into contract #13-NDRI-011 with the Iowa Economic Development Authority (IEDA); and Whereas, contract#13-NDRI-011 (Funding Contract) outlines the terms under which it will disperse the $23.3 million in Community Development Block Grant Program Disaster Recovery - National Disaster Resiliency funds for the Bee Branch Watershed Flood Miti- gation Project; and Whereas, per the Funding Contract requires that the City hold a public hearing on the status of funding assistance associated with the contract and as promulgated by Section 508 of the Housing and Community Development Act of 1987; and 16 Whereas, the City has expended funds to construct infrastructure improvements funded through the IEDA Community Development Block Grant National Disaster Resili- ency Grant (Contract #13-NDRI-011). 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 Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:00 p.m. on April 2, 2018 for the purpose of holding a public hearing and taking action on the status of funded activities associated with contract #13-NDRI-011 for Community Development Block Grant, National Disaster Resilience Infrastructure Grant. Section 2. That the City Clerk be hereby authorized and directed to publish a notice of such public hearing and the City Council's intent to review and take action on the status of funded activities associated with contract #13-NDRI-011 for Community Development Block Grant, National Disaster Resilience Infrastructure Grant. Passed, approved, and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk 5. Voluntary Annexation for a Portion of Silver Oaks Estates: City Manager recom- mending that the City Council set a public hearing for April 16, 2018 on a 100%-voluntary annexation request filed by Royal Oaks Development Corporation for approximately 19.23 acres of property (Elmwood Drive and Silver Oaks Drive) concurrent with rezoning. Upon motion the documents were received and filed and Resolution No. 70-18 Setting a public hearing on an application for Voluntary Annexation of Territory to the City of Dubu- que, Iowa was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 16, 2018 in the Historic Federal Building. RESOLUTION NO. 70-18 SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXA- TION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from Royal Oaks Development Corporation for the voluntary annexation of 19.23 acres of property which includes 0.99 acres of Dubuque County right-of-way located at the intersection of Elmwood Drive and Silver Oaks Drive with connection to the city of Dubuque by Elmwood Drive right-of-way as shown on Exhibit A and legally described as: Lots 31 thru 42, inclusive, of Silver Oaks Estates, in Dubuque County, Iowa; and Lots 1 and 2 of Walter Metcalf Place, in Dubuque County, Iowa; and All that part of the right of way of Elmwood Drive lying south of the south right of way line of Metcalf Lane, extended northwesterly, in Dubuque County, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad property; and Whereas, the annexation territory does include Dubuque County right-of-way; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution and required notification; and Whereas, the annexation territory is consistent with the City's Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that the annexation territory be made part of the City of Dubuque, Iowa; and 17 Whereas, the City of Dubuque has the capacity to provide substantial municipal ser- vices to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held on the 16th day of April, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed annexation, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circu- lation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Medline Industries, Inc. - Proposed Development Agreement, Intent to Dispose of City- Owned Real Estate, and the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations Pursuant to the Development Agreement: City Manager recommending setting a public hearing for May 21 , 2018, on a proposed Development Agreement be- tween Medline Industries, Inc. and the City of Dubuque providing for the sale of City- owned real estate in the Dubuque Industrial Center Economic Development District to Medline Industries, Inc. and the issuance of Urban Renewal Tax Increment Revenue Grant Obligations pursuant to the Development Agreement. Upon motion the documents were received and filed and Resolution No. 71-18 Intent to Dispose of an Interest in city of Dubuque Owned Real Estate by Sale to Medline Industries, Inc. Pursuant to a Pro- posed Development Agreement; Fixing the Date for a Public Hearing of the City Council of the city of Dubuque, Iowa on the Proposed Sale and on the Issuance of Urban Renewal Tax Increment Revenue Grant Obligations; and Providing for the Publication of Notice Thereof was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on May 21 , 2018 in the Historic Federal Building. RESOLUTION NO. 71-18 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE OWNED REAL ES- TATE BY SALE TO MEDLINE INDUSTRIES, INC. PURSUANT TO A PROPOSED DE- VELOPMENT AGREEMENT; FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED SALE AND ON THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT OB- LIGATIONS; AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property: Lot 1 of Dubuque Industrial Center North Third Addition in the City of Dubuque, Iowa (the Property); and Whereas, City and Medline Industries, Inc. (Medline) have caused to be prepared a Development Agreement, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa, providing for the sale of the Property to Medline, the development of the Property, and the issuance of economic development grants (Urban Renewal Tax Increment Revenue Grant Obligations) in connection with such development (the Project); and 18 Whereas, the proposed Development Agreement further provides that the Project will contribute to the local economy through the creation of One Hundred Five (105) new full- time jobs in the City; and Whereas, the City Council finds that it is in the best interests of the City to approve the Development Agreement; and Whereas, before the sale and the Development Agreement may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The City Council intends to dispose of its interest in the Property by sale to Medline Industries, Inc. and approve the issuance of Urban Renewal Tax Increment Rev- enue Grant Obligations pursuant to the proposed Development Agreement. Section 2. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to dispose of its interest in the Property and to authorize Urban Renewal Tax Incre- ment Revenue Grant Obligations, to be held on the 21st day of May, 2018, at 6:00 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubu- que, Iowa. Section 3. That the notice of the proposed action shall be in substantially the form attached hereto. Passed, approved and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants are invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeting. 1 . Housing Commission: One, 3-year term through August 17, 2020 (Vacant term of Baumhover). Applicants: Janice Craddieth, 1603 Washington St.; Sam Wooden, 1135 Rosedale Ave. Ms. Craddieth and Mr. Wooden spoke in support of their respective ap- pointments and provided brief biographies. Appointments to the following commission. Transit Advisory Board: One, 3-year term through July 30, 2020 (Vacant term of Stew- art). Applicant: Jeff Stiles, 3087 Central Ave. Motion by Jones to appoint Mr. Stiles to a 3-year term through July 30, 2020. Seconded by Larson. Motion carried 7-0. PUBLIC HEARINGS 1 . Request to Rezone Property at Gateway Drive and Stonehill Drive: Proof of publi- cation on notice of public hearing to consider a request by Dubuque Southgate Invest- ments, Ltd., to rezone 13.036 acres at Gateway Drive and Stonehill Drive from 19 PUD/Planned Commercial District to C-3 General Commercial District and the Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Del Toro. Applicant Dan Mueller, 10753 Woodland Heights Rd., spoke in support of the request stating that the change in zoning would provide more marketability and flexibility to the project. Planning Services Manager Laura Carstens provided a staff report and responded to questions from the City Council regarding the changes made to the PUD requirements since 1998 that provide more flexibility. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 7-18 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- scinding Ordinance No. 49-90 and reclassifying hereinafter described property located at the southeast corner of Highway 61/151 and Highway 52 from Planned Unit Development with a Planned Commercial Designation to C-3 General Commercial District. Seconded by Shaw. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 7-18 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RESCINDING ORDINANCE NO. 49-90 AND RE- CLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTH- EAST CORNER OF HIGHWAY 61/151 AND HIGHWAY 52 FROM PLANNED UNIT DE- VELOPMENT WITH A PLANNED COMMERCIAL DESIGNATION TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter described property from Planned Unit Development with a Planned Commercial designation to C-3 General Com- mercial District, to wit: Parcel Nos. 1501452015, 1501452005, 1501452007, 1501452001 , 1501452002, 1501452013, 1501453008, 1501452016 and 1501453011 , and to the centerline of the adjoining public right-of-way, all in the city of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 19th day of March 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of March 2018. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone Property at 1108 Locust Street: Proof of publication on notice of public hearing to consider approval of a request from Teri & Brian Schulz to rezone prop- erty at 1108 Locust Street from C-2 Neighborhood Shopping Center District to C-4 Down- town Commercial District and the Zoning Advisory Commission recommending approval. 20 Motion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Del Toro. Appli- cants Teri and Brian Schulz, 6455 Torrey Pines Dr., spoke in support of the request citing the change in zoning would provide more flexibility for the business and be consistent with the zoning of other area businesses. Planning Services Manager Laura Carstens provided a staff report. Motion by Jones for final consideration and passage of Ordinance No. 8-18 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property located at 1108 Locust Street from C-2 Neigh- borhood Shopping Center District to C-4 Downtown Commercial District. Seconded by Del Toro. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 8 - 18 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1108 LOCUST STREET FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C-4 DOWNTOWN COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter described property from C-2 Neighborhood Shopping Center District to C-4 Downtown Commercial District, to wit: South 1/5 of the South 2/5 of City Lot 478, and to the centerline of the adjoining public right-of-way, all in the city of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of March 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of March 2018. /s/Kevin S. Firnstahl, City Clerk 3. Request to Rezone Property at 2460 Kerper Boulevard: Proof of publication on no- tice of public hearing to consider approval of a request by 310 Huehl, LLC / Bradley Gdowski to rezone property at 2460 Kerper Blvd. from HI Heavy Industrial District to OC Office Commercial District to permit a school of private instruction along with current of- fice-related uses and the Zoning Advisory Commission recommending approval. Motion by Larson to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Brad Gdowski, representative for the applicant 310 Huehl, LLC, 2500 S. Highland Avenue, Lombard, IL, spoke in support of the request. Four Oaks Board Member Scott Olson provided a brief history of the agency and what led them to this property and the partnership with the Dubuque Community School District. Mike Stickley of Jeff Morton Architects described 21 the site plan and traffic patterns using a visual aid. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Larson for final consideration and passage of Ordinance No. 9-18 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property located at 2460 Kerper Boulevard from HI Heavy Industrial District to OC Office Commercial District. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 9-18 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2460 KERPER BOULEVARD FROM HI HEAVY INDUS- TRIAL DISTRICT TO OC OFFICE COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter described property from HI Heavy Industrial District to OC Office Commercial District, to wit: As shown on Exhibit A, in the city of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 19th day of March 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of March 2018. /s/Kevin S. Firnstahl, City Clerk 4. Sale of City-Owned Real Property at 2056 Washington Street: Proof of publication on notice of public hearing to consider approval to dispose of City-owned real property located at 2056 Washington Street to Jennette E. Santo and the City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolu- tion No. 72-18 Approving the sale of real estate specifically Lot 2 of Heart Project Place in the City of Dubuque, Iowa, according to the recorded Plat thereof - 2056 Washington Street. Seconded by Shaw. Motion carried 7-0. RESOLUTION NO. 72-18 APPROVING THE SALE OF REAL ESTATE SPECIFICALLY LOT 2 of HEART PRO- JECT PLACE IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF — 2056 WASHINGTON STREET Whereas, the City of Dubuque, Iowa (City) is the owner of real property legally de- scribed as: Lot 2 of HEART Project Place in the City of Dubuque, Iowa, according to the rec- orded plat thereof; Locally known at 2056 Washington Street (the Property); and Whereas, on March 5, 2018, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in the Property and overruled all objections thereto; and 22 Whereas, qualifying homebuyer, Jennette E. Santos has signed an offer to purchase and has obtained financing from a local lender; and Whereas, the City Council finds that it is in the best interest of the City to approve the disposition of such interest in the Property to qualifying homebuyer, Jennette E. Santos. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the City of Dubuque hereby approves the disposition of the City's in- terest in the following legally-described property: Lot 2 of HEART Project Place in the City of Dubuque, Iowa, according to the rec- orded plat thereof; at the cost of Sixty-Thousand Dollars ($60,000). Section 2. That the Mayor is hereby authorized and directed to provide a Special War- ranty Deed to the buyer, conveying the City's interest to Jennette E. Santos for the herein- described real estate. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder. Passed, approved and adopted this 19th day of March 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Unified Development Code Text Amendment - Title 16 to Eliminate the Definition of "Family:" Proof of publication on notice of public hearing to consider approval of a request from the City of Dubuque to amend the Unified Development Code Title 16, Chapter 2 to eliminate the definition for "family" to comply with State Code and Zoning Advisory Com- mission recommending approval. Motion by Resnick to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Del Toro. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Resnick for final consideration and passage of Ordinance No. 10-18 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Section 2: Definitions to delete definition of"Family." Seconded by Larson. Mo- tion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 10-18 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING SECTION 2. DEFINITIONS TO DELETE DEFINITION OF "FAMILY" NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . hat Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended in Section 2. Definitions by deleting definition of"Family" as shown below: FAMILY: Any number of people occupying a single dwelling unit living together as a single housekeeping unit, related by blood, marriage, or formal adoption, plus not more than three (3) additional people not so related, except that foster children and persons with disabilities as defined in Section 8-1-1 of this Code, shall be considered a family. Section 2. This ordinance has heretofore been reviewed by the Zoning Advisory Com- mission of the City of Dubuque, Iowa. 23 Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 19th day of March 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of March 2018. /s/Kevin S. Firnstahl, City Clerk 6. Fiscal Year 2018 Second Budget Amendment: Proof of publication on notice of pub- lic hearing to consider approval of the Fiscal Year 2018 Second Budget Amendment and the City Manager recommending approval. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 73-18 Amending the current budget for the Fiscal Year Ending June 30, 2018. Seconded by Del Toro. Motion carried 7-0. RESOLUTION NO. 73-18 AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 3, 2018 (as amended last on 9-5-17) Be it Resolved by the Council of the City of Dubuque Section 1 . Following notice published 3/7/2018 and the public hearing held, 3/19/2018 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hear- ing: Total Budget Current Total Budget af- as certified or Amendment ter Current last amended Amendment Revenues & Other Financing Sources Taxes Levied on Property 1. 25,062,297 0 25,062,297 Less: Uncollected Property Taxes-Levy Year 2 0 0 0 Net Current Property Taxes 3 25,062,297 0 25,062,297 Delinquent Property Taxes 4 0 0 0 TIF Revenues 5 11,903,432 0 11,903,432 Other City Taxes 6 18,061,248 -197,114 17,864,134 Licenses& Permits 7 1,529,906 -23,874 1,506,032 Use of Money and Property 8 12,553,589 1,416,720 13,970,309 Intergovernmental 9 76,756,897 1,679,277 78,436,174 Charges for Services 10 42,881,139 0 42,881,139 Special Assessments 11 30,000 0 30,000 Miscellaneous 12 8,133,059 242,564 8,375,623 Other Financing Sources 13 9,424,132 11,474,254 20,898,386 Transfers In 14 31,751,321 1,842,944 33,594,265 Total Revenues and Other Sources 15 238,087,020 16,434,771 254,521,791 Expenditures&Other Financing Uses Public Safety 16 29,607,185 179,961 29,787,146 Public Works 17 14,123,592 -142,099 13,981,493 Health and Social Services 18 943,516 0 943,516 Culture and Recreation 19 12,750,234 96,100 12,846,334 Community and Economic Development 20 14,580,550 96,274 14,676,824 General Government 21 9,585,753 2,082 9,587,835 Debt Service 22 10,873,974 5,713,462 16,587,436 Capital Projects 23 69,423,034 1,723,952 71,146,986 Total Government Activities Expenditures 24 161,887,838 7,669,732 169,557,570 24 Business Type/Enterprises 25 77,268,489 7,156,157 84,424,646 Total Gov Activities& Business Expenditures 26 239,156,327 14,825,889 253,982,216 Transfers Out 27 31,751,321 1,842,944 33,594,265 Total Expenditures/Transfers Out 28 270,907,648 16,668,833 287,576,481 Excess Revenues&Other Sources Over 29 (Under) Expenditures/Transfers Out Fiscal Year -32,820,628 -234,062 -33,054,690 Beginning Fund Balance July 1 30 73,150,947 0 73,150,947 Ending Fund Balance June 30 31 40,330,319 -234,062 40,096,257 Passed, approved and adopted this 19th day of March 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Referencing the forthcoming Action Item, Ellen and Fran Henkels, 890 W. 3rd St., spoke in support of keeping the Continuum public art sculpture at its current location in front of the Grand River Center instead of returning it to the Municipal Services Center. Referencing the forthcoming Action Item, Renee Poppe of Medline Industries, Inc., 7900 Chavenelle Rd., spoke in support of the City submitting an Iowa Economic Devel- opment Assistance Application on behalf of Medline Industries, Inc. ACTION ITEMS 1 . Arts and Cultural Affairs Commission Correspondence -Art Piece Titled Continuum: Arts and Cultural Affairs Commission submitting correspondence regarding the location of the art piece titled Continuum. Motion by Jones to receive and file the documents and concur with the recommendation of the Commission that the Continuum remain in its current location at the Grand River Center. Seconded by Resnick. Motion carried 7-0. 2. Greater Dubuque Development Corporation - Quarterly Report: President and CEO Rick Dickinson presented a verbal quarterly update on the activities of the Greater Dubu- que Development Corporation. Topics included the addition of staff and highlighting the Medline Industries expansion, the approval of the Southwestco Wireless small cell infra- structure master lease agreement, and the Opportunity Zone tax incentive designed to encourage long-term, private investments in low-income census tracts. Motion by Res- nick to receive and file the information. Seconded by Larson. Motion carried 7-0. 3. Master Lease Agreement - Southwestco Wireless, Inc. D/B/A Verizon Wireless: City Manager recommending approval of a Master Lease Agreement with Southwestco Wire- less, Inc. d/b/a Verizon Wireless to deploy "small cell" infrastructure in Dubuque in the future. Greater Dubuque Development Corporation Sustainable Innovations Consultant David Lyons and Information Services Manager Chris Kohlmann provided a slide presen- tation on the topic. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Resnick. Mr. Lyons and Ms. Kohlmann responded to questions from the City Council regarding non-exclusive provisions, speed comparisons 25 between 4G and 5G, big data analytics, benefits to city residents and the City organiza- tion, the public input process, FCC regulations and legislation, and Council concerns over health issues related to electromagnetic fields. Motion carried 5-2 with Del Toro and Lar- son voting nay. 4. Iowa Economic Development Authority - Medline Industries, Inc., Application: City Manager recommending approval of a resolution authorizing the submission of an Iowa Economic Development Assistance Application by Medline Industries, Inc. to the Iowa Economic Development Authority. Motion by Jones to receive and file the documents and adopt Resolution No. 74-18 Approving an Application for State Business Financial Assis- tance on Behalf of Medline Industries, Inc. Seconded by Resnick. Responding to ques- tions from the City Council, City Manager Van Milligen stated that this action covers the application only, and that approval of the Development Agreement and purchase of prop- erty will come before Council at the May 21 , 2018 public hearing scheduled earlier in the meeting. Motion carried 7-0. RESOLUTION NO. 74-18 APPROVING AN APPLICATION FOR STATE BUSINESS FINANCIAL ASSISTANCE ON BEHALF OF MEDLINE INDUSTRIES, INC. Whereas, Medline Industries, Inc. has proposed making an Eighteen Million Four Hun- dred Thousand Dollar ($18,400,000) investment in the City of Dubuque for development of a One Hundred Twenty Thousand square foot (120,000 sq. ft.) office facility and the creation of One Hundred Five (105) new full-time jobs in the City; and Whereas, the City of Dubuque (City) and Medline Industries, Inc. (Medline) have ten- tatively entered into a Development Agreement for the sale of City-owned real estate to Medline for such development; 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 One Hundred Five (105) new full-time jobs in the City, all of 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 City approval of an Application for Economic Development Assistance Contract in order to finalize incen- tives and document associated terms for the development of Medline's proposed project in the City of Dubuque, Iowa; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the filing of an Application for participation in the Iowa Economic De- velopment Authority's Financial Assistance Program on behalf of Medline 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 Application to the Iowa Economic Development Authority together with such other documents as may be required. 26 Passed, approved, and adopted this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Code of Ordinances Amendment - Title 5 Transit Advisory Board Meetings: City Manager recommending approval of a change to Dubuque Code of Ordinances to modify meeting frequency requirements for the Transit Advisory Board by reducing the frequency requirements from "must meet not less than bimonthly" to "will meet bimonthly from Sep- tember to May, meeting no less than 4 times per year." Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Del Toro. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 11-18 Amending City of Dubuque Code of Ordinances Title 5 Transit System, Chapter 1 Transit Advisory Board, Section 5-1-10 Meetings. Seconded by Del Toro. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 11-18 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 5 TRANSIT SYS- TEM, CHAPTER 1 TRANSIT ADVISORY BOARD, SECTION 5-1-10 MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . Section 5-1-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 5-1-10: MEETINGS: A. Regular Meetings: The board will meet bimonthly, September through May, meeting no less than four times per year B. Special Meetings: Special meetings may be called by the chairperson or at the writ- ten request of a majority of the members. C. Open Meetings: All meetings must be called and held in conformance with the Iowa open meetings law. D. Attendance: 1 . In the event a member of the board has been absent for three (3) or more con- secutive meetings of the board, without being excused by the chairperson, such ab- sence will be grounds for the board to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes: A copy of the minutes of all regular and special meetings of the board must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Three (3) members of the board constitute a quorum for the transaction of business. The affirmative vote of a majority of the members present and voting is neces- sary for the adoption of any motion or resolution. Section 2. This ordinance shall take effect upon publication. Passed, approved and adopted this 19th day of March 2018. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of March 2018. /s/Kevin S. Firnstahl, City Clerk 27 6. Proceedings for Directing the Sale of General Obligation Bonds Series 2018A & B: City Manager recommending directing the sale of the $9,410,000 (Subject to Adjustment Pursuant to Terms of Offering) General Obligation Bonds, Series 2018A and $1 ,020,000 (Subject to Adjustment Pursuant to Terms of Offering) Taxable General Obligation Re- funding Bonds, Series 2018B. Motion by Resnick to receive and file the documents and adopt Resolution No. 75-18 Directing Sale of $9,410,000* (Subject to adjustment per terms of Offering) General Obligation Bonds, Series 2018A; Resolution No. 76-18 Direct- ing Sale of $1 ,020,000* (Subject to adjustment per terms Of Offering) Taxable General Obligation Refunding Bonds, Series 2018B; Resolution No. 77-18 Authorizing the re- demption of outstanding General Obligation Bonds, Series 2011A, of the City of Dubuque, State of Iowa, Dated September 1 , 2011 , and directing Notice be given; and Resolution No. 78-18 Authorizing the redemption of outstanding Taxable General Obligation Bonds, Series 2011B, of the City of Dubuque, State of Iowa, Dated September 1 , 2011 , and directing Notice be given. Seconded by Larson. Tionna Pooler of Independent Public Ad- visors provided information on the bond sale and not redeeming Bond Series 2012E and 2012H. City Manager Van Milligen provided information on the City's debt reduction strat- egy as it relates to the best practice of not always calling older debt. Motion carried 7-0. RESOLUTION NO. 75-18 DIRECTING SALE OF $9,410,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OF- FERING) GENERAL OBLIGATION BONDS, SERIES 2018A Whereas, bids have been received for the Bonds described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following: $9,410,000* (Subject to Adjustment Per Terms of Offering) General Obligation Bonds, Series 2018A Bidder: J.J.B. Hilliard, W.L. Lyons Inc. of Indianapolis, IN. The terms of award; Final Par Amount as adjusted: $4,950,000.00, Purchase Price as adjusted: $4,973,575.65, True Interest Rate: 2.831766%, Net Interest Cost: $1 ,052,889.35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. That the statement of information for Bond bidders and the form of contract for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of the Bonds are hereby ratified and approved. Passed and approved this 19th day of March, 2018. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 76-18 DIRECTING SALE OF $1,020,000* (SUBJECT TO ADJUSTMENT PER TERMS OF OF- FERING) TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2018B Whereas, bids have been received for the Bonds described as follows and the best bid received (with permitted adjustments, if any) is determined to be the following: 28 $1 ,020,000* (Subject to Adjustment Per Terms of Offering) Taxable General Obligation Refunding Bonds, Series 2018B Bidder: UMB Bank N.A. of Kansas City, MO. The terms of award; Final Par Amount as adjusted: $1 ,005,000.00, Purchase Price as adjusted: $1 ,007,224.30, True Interest Rate: 2.993910%, Net Interest Cost: $144,931 .70 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That the bid for the Bonds as above set out is hereby determined to be the best and most favorable bid received and, the Bonds are hereby awarded as described above. That the statement of information for Bond bidders and the form of contract for the sale of the Bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. That the notice of the sale of the Bonds heretofore given and all acts of the Clerk done in furtherance of the sale of the Bonds are hereby ratified and approved. Passed and approved this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 77-18 AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2011A, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED SEPTEMBER 1, 2011, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated August 15, 2011 , as amended, authorize the issuance of $6,330,000 General Obligation Bonds, Series 2011A, (the "Bonds") dated September 1 , 2011 ; and Whereas, the Bonds are redeemable in any order of their numbering on June 1 , 2018 or any date thereafter upon giving notice in the manner provided in the resolution author- izing the issuance of the Bonds; and Whereas, it is deemed necessary and advisable that $4,710,000 be so redeemed on June 1 , 2018 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1 . That outstanding General Obligation Bonds, dated September 1 , 2011 , in the principal amount of$4,710,000, be and the same are hereby redeemed as of June 1 , 2018. Section 2. The Registrar and Paying Agent, Wells Fargo Bank, National Association, is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail, and to notify DTC. Section 3. The Finance Director is hereby authorized and directed to cause to be de- posited in a separate fund from the proceeds of the General Obligation Bonds, Series 2018A, such sum that is sufficient to pay all principal and interest on the redeemed Bonds to the date of redemption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB'swebsite (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. Section 4. That the form of such notice be substantially as [provided]. 29 Passed and approved this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 78-18 AUTHORIZING THE REDEMPTION OF OUTSTANDING TAXABLE GENERAL OBLI- GATION BONDS, SERIES 2011B, OF THE CITY OF DUBUQUE, STATE OF IOWA, DATED SEPTEMBER 1, 2011, AND DIRECTING NOTICE BE GIVEN Whereas, the City did by resolution dated August 15, 2011 , as amended, authorize the issuance of$1 ,590,000 Taxable General Obligation Bonds, Series 2011 B, (the "Bonds") dated September 1 , 2011 ; and Whereas, the Bonds are redeemable in any order of their numbering on June 1 , 2018 or any date thereafter upon giving notice in the manner provided in the resolution author- izing the issuance of the Bonds; and Whereas, it is deemed necessary and advisable that $985,000 be so redeemed on June 1 , 2018 and notice of redemption be given according to the terms of the resolution authorizing issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: Section 1 . That outstanding Taxable General Obligation Bonds, dated September 1 , 2011 , in the principal amount of$985,000, be and the same are hereby redeemed as of June 1 , 2018. Section 2. The Registrar and Paying Agent, Wells Fargo Bank, National Association, is hereby authorized and directed to cause notice of such redemption be given not less than thirty (30) days prior to the redemption date and to cause notice of redemption to be mailed to the registered owners of the Bonds by ordinary mail, and to notify DTC. Section 3. The Finance Director is hereby authorized and directed to cause to be de- posited in a separate fund, such sum that is sufficient to pay all principal and interest on the redeemed Bonds to the date of redemption and to notify the City's dissemination agent to post the Notice of Redemption to the MSRB's website (EMMA) in searchable PDF format for the refunded Bonds in accordance with the Continuing Disclosure Certificate for the Bonds. Section 4. That the form of such notice be substantially as [provided]. Passed and approved this 19th day of March, 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Memorandum of Understanding in Support of Dupaco Community Credit Union Community Development Financial Institution Financial Assistance Application in Support of the City of Dubuque Comprehensive Housing Activities for Neighborhood Growth & Enrichment (CHANGE) Healthy Homes Advocate Program: City Manager recommending approval of a Memorandum of Understanding in Support of Dupaco Community Credit Union Community Development Financial Institution Financial Assistance Application in Support of the City of Dubuque Comprehensive Housing Activities for Neighborhood Growth & Enrichment (CHANGE) Healthy Homes Advocate Program. Motion by Del Toro to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. 30 COUNCIL MEMBER REPORTS Council Member Larson requested donations to the Dubuque Regional Humane Soci- ety fundraiser to keep her out of the "dog house." Council Member Shaw thanked former Council Member Lynn Sutton and Friends of Fair Housing for their efforts related to achieving fair housing within the community. There being no further business, upon motion the City Council adjourned at 8:05 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 31