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4 15 19 City Council Proceedings Official_Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on April 15, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick (Joined at 6:11 p.m.), 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. PRESENTATION 1. The Women's Leadership Network Outstanding in Field recognition was presented to Leisure Services Manager Marie Ware by Assistant City Manager Cori Burbach. PROCLAMATIONS 1. Arbor Day (April 26, 2019) was accepted by Laura Roussell and Hobie Wood of the local Trees Forever and City Forester Tom Kramer. 2. Community Development Week (April 22-26, 2019) was accepted by Dean Bolz of the Community Development Advisory Commission. 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 3/25; Arts and Cultural Af- fairs Advisory Commission of 3/22; Catfish Creek Watershed Management Authority of 3/6; 4/4; City Council proceedings of 4/1; Community Development Advisory Commission of 3/20; Five Flags Civic Center Commission of 3/25; Historic Preservation Co mmission of 3/21; Historic Preservation Commission Fair Committee of 3/21; Library Board of Trus- tees Council Update #181 of 3/28; Long Range Planning Advisory Commission of 3/20; Resilient Community Advisory Commission of 4/4; Zoning Advisory Commission of 4/3; Zoning Board of Adjustment of 3/28; Proof of publication for City Council Proceedings of 3/18. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Van Meter, Inc. for property damage. Upon motion the documents were received, filed, and referred to the City Attorney. 2 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: C. Dennis Gansemer for vehicle damage; Donna Sindahl for vehicle dam- age; Van Meter, Inc. for property damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommended Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 130-19 Authorizing the Finance Director-City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 130-19 AUTHORIZING THE FINANCE DIRECTOR-CITY TREASURER TO MAKE CERTAIN PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN ACCORDANCE WITH CITY PROCEDURES Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that the Finance Director-City Treasurer shall keep an accurate account of all disbursements, money, or property, specifying date, to whom, and from what fund paid; and Whereas, the invoices, presented by those firms and persons providing such goods and services have been pre-audited by Finance Department personnel in accordance with generally accepted internal control procedures and have been determined to have been requisitioned for a lawful municipal purpose; and Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at- tached hereto, and by this reference made a part hereof, to be drawn to pay for goods and services provided for City purposes; and Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142- 18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks in payment of certain expenditures known as Exception Expenditures prior to City Council approval and such list is attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment for goods and services provided for City purposes in response to the purchase orders and contracts issued in compliance with state and municipal code requirements as re- quested by designated requisitioning authorities in accordance with approved budget ap- propriations. Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance Director are hereby authorized and directed to provide the statement of receipts and dis- bursements to the City Council, and to publish a summary thereof. Passed, approved, and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3 5. Crescent Community Health Center 2018 Annual Report : City Manager providing a copy of the 2018 Annual Report for the Crescent Community Health Center. Upon motion the document was received and filed. 6. ITC Midwest Economic Impact Brochure: City Manager providing a copy of the pub- lic information brochure from ITC Midwest on the local economic impact of its electrical transmission system. Upon motion the document was received and filed. 7. U.S. Environmental Protection Agency Consent Decree Semi Annual Report: City Manager transmitting the March 31, 2019 Semi Annual Consent Decree Report that has been submitted to the United States Environmental Protection Agency as required by the Consent Decree. Upon motion the documents were received and filed. 8. Restrictive Covenant for 1100 Roosevelt Street: City Manager recommended ap- proval of a resolution attaching a 21-year Owner-Occupied Restrictive Covenant to 1100 Roosevelt Street. Upon motion the documents were received and filed, and Resolution No. 131-19 Attaching Single-Family Occupancy Restrictive Covenant to 1100 Roosevelt Street, Dubuque, Iowa was adopted. RESOLUTION NO. 131-19 ATTACHING SINGLE FAMILY OCCUPANCY RESTRICTIVE COVENANT TO 1100 ROOSEVELT STREET, DUBUQUE, IOWA Whereas, the City desires to attach restrictive covenants to 1100 Roosevelt Street prior to disposal of said property; and Whereas, said property will be disposed of by the City and the City desires said prop- erty to be owner-occupied for a period of twenty-one (21) years after the sale. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the restrictive covenants for 1100 Roosevelt Street, legally described as: Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the rec- orded plat thereof. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Restrictive Covenant for the above described real estate. Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy of this Resolution to the City Attorney’s Office for recording in the Office of the Dubu- que County Recorder. Passed, approved and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. HRDP Grant Application for Eagle Point Park Archeological Survey: City Manager recommended approval of an application for Historic Resource Development Program (HRDP) Grant for continuation of the Phase I Archaeological Survey at Eagle Point Park. 4 Upon motion the documents were received and filed, and Resolution No. 132-19 Author- izing HRDP Grant Application to State Historic Preservation Office for Continuation of Phase I Archaeology Survey at Eagle Point Park was adopted. RESOLUTION NO. 132-19 AUTHORIZING HRDP GRANT APPLICATION TO STATE HISTORIC PRESERVATION OFFICE FOR CONTINUATION OF PHASE I ARCHAEOLOGY SURVEY AT EAGLE POINT PARK Whereas, the State Historic Preservation Office has allocated Historic Resource De- velopment Program (HRDP) grant funds for projects that help identify and evaluate his- toric structures, create historic preservation plans, educate the public, and conduct ar- chaeology surveys; and Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in- cludes goals for educating the community about the benefits of historic preservation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to submit the FY 2019 HRDP Grant appli- cation to the State Historic Preservation Office for Continuation of Phase I Archaeology Survey at Eagle Point Park. Section 2. The Planning Services Manager hereby authorized to serve as project man- ager in accordance with state requirements. Passed, approved and adopted 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Sustainable Dubuque Grants: City Manager recommended approval of five grant applications from the Sustainable Dubuque Grant Program as approved by the Resilient Community Advisory Commission. Upon motion the documents were received, filed and approved. 11. Dubuque County Multi-Jurisdictional Hazard Mitigation Plan Approval: City Man- ager recommended approval of the Dubuque County Multi-Jurisdictional Hazard Mitiga- tion Plan approved by the Federal Emergency Management Agency (FEMA) on February 28, 2019. Upon motion the documents were received and filed, and R esolution No. 133- 19 Adopting the Dubuque County Multi-Jurisdictional Local Hazard Mitigation Plan was adopted. RESOLUTION NO. 133-19 ADOPTING THE DUBUQUE COUNTY MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN Whereas, the City of Dubuque recognizes the threat that natural hazards pose to peo- ple and property within our community; and Whereas, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and Whereas, the U.S. Congress passed the Disaster Mitigation Act of 2000 (“Disaster Mitigation Act”) emphasizing the need for pre-disaster mitigation of potential hazards; and 5 Whereas, the Disaster Mitigation Act made available hazard mitigation grants to state and local governments; and Whereas, an adopted Local Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs; and Whereas, the City of Dubuque fully participated in the hazard mitigation planning pro- cess to prepare this Multi-Jurisdictional Local Hazard Mitigation Plan; and Whereas, the Iowa Homeland Security and Emergency Management Department and the Federal Emergency Management Agency Region VII officials have reviewed the “Dubuque County Multi-Jurisdictional Local Hazard Mitigation Plan,” and approved it; and Whereas, the City of Dubuque desires to comply with the requirements of the Disaster Mitigation Act and to augment its emergency planning efforts by formally adopting the Dubuque County Multi-Jurisdictional Local Hazard Mitigation Plan; and Whereas, adoption by the governing body for the City of Dubuque demonstrates the jurisdictions’ commitment to fulfilling the mitigation goals outlined in this Multi-Jurisdic- tional Local Hazard Mitigation Plan; and Whereas, adoption of this legitimizes the plan and authorizes responsible agencies to carry out their responsibilities under the plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City of Dubuque adopts the “Dubuque County Multi-Jurisdictional Local Hazard Mitigation Plan” as an official plan. Section 2. The City of Dubuque will submit this Adoption Resolution to the Iowa Home- land Security and Emergency Management Department and Federal Emergency Man- agement Agency Region VII officials. Passed, approved and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Michael and Jacqueline Wood vs. City et al. Dismissal: Senior Counsel advising of the dismissal of claims against the City by Michael and Jacqueline Wood re lated to a September 12, 2016 vehicle accident. Upon motion the documents were received and filed. 13. Fiscal Year 2020 Detailed Budget for the Five Flags Civic Center : City Manager recommended approval of the detailed Fiscal Year 2020 Budget for the Five Flags Civic Center submitted by SMG. Upon motion the documents were received, filed and ap- proved. 14. Amendment to the Collective Bargaining Agreement Between the City of Dubuque and Teamsters Local No.120: City Manager recommended an Amendment to the Collec- tive Bargaining Agreement with the Teamsters Local No. 120 effective from April 22, 2019, through September 2, 2019. Upon motion the documents were received, filed and approved. 6 15. Amendment to the Collective Bargaining Agreement between the City and the Dubuque Professional Firefighters Association, Local No. 25: City Manager recom- mended approval of an Amendment to the Collective Bargaining Agreement between the City of Dubuque and the Dubuque Professional Firefighters Association, Local No. 25. Upon motion the documents were received and filed, and Resolution No. 147-19 Approv- ing the Amendment to the Collective Bargaining Agreement in effect from July 1, 2017 to June 30, 2022, between the City of Dubuque, Iowa, and the Dubuque Professional Fire- fighters Association, Local No. 25 and authorizing the Mayor to sign the Amendment was adopted. RESOLUTION NO. 147-19 APPROVING THE AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT IN EFFECT FROM JULY 1, 2017 TO JUNE 30, 2022, BETWEEN THE CITY OF DUBU- QUE, IOWA, AND THE DUBUQUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL NO. 25 AND AUTHORIZING THE MAYOR TO SIGN THE AMENDMENT Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (10) of the Public Employment Relations Act; and Whereas, the Dubuque Professional Firefighters Association, Local No. 25 is an em- ployee organization within the meaning of Section 3 (4) of the Public Employment Rela- tions Act; and Whereas, bargaining between the parties has occurred and an Amendment to the Agreement in effect from July 1, 2017 to June 30, 2022, has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the Amendment be approved and the Mayor authorized and directed to sign the Amendment to the Collective Bargaining Agreement. Passed, approved and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Fiscal Year 2020 Wage Plan and Benefit Package for Non -Bargaining Unit Em- ployees: City Manager recommended approval of the Fiscal Year 2020 Wage Plan and Benefit Package for Non-Bargaining Unit Employees effective July 1, 2019, for general employee classifications and non-assigned classifications. Upon motion the documents were received and filed, and Resolution No. 134-19 Approving the Wage Plan and Benefit Package for Non-Bargaining Unit Employees for Fiscal Year 2020 was adopted. RESOLUTION NO. 134-19 APPROVING THE WAGE PLAN AND BENEFIT PACKAGE FOR NON-BARGAINING UNIT EMPLOYEES FOR FISCAL YEAR 2020 Whereas, the City Manager has recommended the wage plan and benefit package fo r Non-Bargaining Unit Employees for Fiscal Year 2020; and 7 Whereas, the recommended wage plan for Non -Bargaining Unit employees is con- sistent with the wage plan to be received by employees represented by the Teamsters, Transit, Operating Engineers and Firef ighter Bargaining Units in Fiscal Year 2020; and Whereas, the recommended benefit package is consistent with the benefit package to be received by full-time employees represented by the International union of Operating Engineers, Local #234 in Fiscal Year 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the wage plan and benefit package for Non -Bargaining Unit employees for Fiscal Year 2020 is hereby passed, approved and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Pre-Annexation Agreement - The Estate of Phyllis F. Decker: City Manager recom- mended approval of a Pre-Annexation Agreement with the Estate of Phyllis F. Decker as part of the approval for the Final Plat of Stone Quarry No. 2. Upon motion the documents were received and filed, and Resolution No. 135-19 Approving a Pre-Annexation Agree- ment between the City of Dubuque, Iowa and the Estate of Phyllis F. Decker was adopted. RESOLUTION NO. 135-19 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA, AND THE ESTATE OF PHYLLIS F. DECKER Whereas, the Estate of Phyllis F. Decker, the owner of the following described property 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: Lot 3 of Stone Quarry Sub. In Section 8, T88N, R3E/PF the 5th P.M. in Dubuque County, Iowa, as shown in Plat Doc. No. 2003-22618; and Whereas, the Estate of Phyllis F. Decker has entered into a Pre-annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annex- ation 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 THAT: Section 1. The Pre-annexation Agreement by and between the Estate of Phyllis F. Decker and the City of Dubuque is hereby approved. Passed, approved and adopted this 15th day of April 2019. Roy D. Buol, Mayor 8 Attest: Kevin S. Firnstahl, City Clerk 18. Final Plat Dubuque Sports Complex: Zoning Advisory Commission recommended approval of the Final Plat of Dubuque Sports Complex, 12612 Nightengale Lane, subject to waiving the lot frontage requirement for Lot 1 Dubuque Sports Complex. Upon motion the documents were received and filed, and Resolution No. 136-19 Approving the Final Plat of Dubuque Sports Complex in Dubuque County, Iowa was adopted. RESOLUTION NO. 136-19 APPROVING THE FINAL PLAT OF DUBUQUE SPORTS COMPLEX IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk the Final Plat of Dubuque Sports Complex in Dubuque County, Iowa; and Whereas, said Final Plat provides 0 feet of frontage for Lot 1 on a public or approved 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 Final Plat has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Final Plat has been examined by t he 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 Ordinan ces, Unified Development Code, is waived to allow 0 feet of lot frontage on a public or an approved private street for Lot 1. Section 2. That the Final Plat Final Plat of Dubuque Sports Complex is hereby ap- proved 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. Passed, approved and adopted 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Steeple Square (SS) Event Center - Collateral Assignment of Development Agree- ment: City Manager recommended approval of a Collateral Assignment of the Develop- ment Agreement with SS Event Center, LLC for the 101 E. 15 th Street Project to Dubuque Bank & Trust. Upon motion the documents were received and filed, and Resolution No. 137-19 Approving Collateral Assignment of Development Agreement between the City of Dubuque, Iowa and SS Event Center, LLC related to the rehabilitation of 101 E. 15th Street was adopted. RESOLUTION NO. 137-19 APPROVING COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND SS EVENT CENTER, LLC RELATED TO THE REHABILITATION OF 101 E 15TH STREET Whereas, the property at 101 E 15th Street in Dubuque, Iowa (the Building) is owned by SS Event Center, LLC (Owner); and 9 Whereas, Owner and the City of Dubuque (City) have entered into a Development Agreement for the rehabilitation of the Building; and Whereas, Owner will enter into a loan agreement with Dubuque Bank & Trust Co. (DB&T) for additional funding for the rehabilitation of the Building and DB&T has re- quested that Owner agree to the Collateral Assignment of the Development Agreement a copy of which is attached hereto (the Collateral Assignment), which Collateral Assign- ment requires City consent; and Whereas, the City Council finds that the City should consent to the Collateral Assign- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City of Dubuque consents to the Collateral Assignment of the Develop- ment Agreement. Section 2. The Mayor is authorized and directed to sign the Collateral Assignment of the Development Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Right-of-Way Plat and Dedication - Steeple Square LLC Block Redevelopment Project: City Manager recommended approval of the Acquisition Plat of City Lot 484-A, in the City of Dubuque, Iowa, (public alley between Jack son, White, 15th and 16th Streets) and acceptance of the dedication of said lot for Right-of-Way purposes. Upon motion the documents were received and filed, and Resolution No. 138-19 Approving the Acquisition Plat of City Lot 484-A in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 138-19 APPROVING THE ACQUISITION PLAT OF CITY LOT 484-A, IN THE CITY OF DUBU- QUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated February 5, 2019, prepared by Buesing and Associates, Inc. describing City Lot 484-A, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears City Lot 484-A, which SS Event Center LLC, Opening Doors, and Jackson Street School LLC, by said plat have dedicated to the public forever; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated February 5, 2019, prepared by Buesing and Associates , Inc., relative to the real estate hereinabove described be and the same is hereby ap- proved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of City Lot 484-A, in the City of Dubuque, Iowa, for Right of Way purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. 10 Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Port of Dubuque Marina Staff Reclassification Request: City Manager recom- mended creation of a temporary seasonal manager position and an assistant Marina manager position for the 2019 season in the Port of Dubuque Marina. Upon motion the documents were received, filed and approved. 22. Tobacco Compliance Civil Penalty for Tobacco License Holder – Altered State: City Manager recommended approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for the Altered State, 1523 Central Avenue. Upon mo- tion the documents were received, filed and approved. 23. Tobacco Compliance Civil Penalty for Tobacco License Holder – Casey's General Store #2420: City Manager recommended approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Casey's General Store #2420, 2699 Rockdale Road. Upon motion the documents were received, filed and approved. 24. Tobacco Compliance Civil Penalty for Tobacco License Holder – Eagle Country Market: City Manager recommended approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Eagle County Market, 1800 Elm Street. Upon motion the documents were received, filed and approved. 25. Tobacco Compliance Civil Penalty for Tobacco License Holder – Kwik Stop #58: City Manager recommended approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop #58 3340 JFK Road. Upon motion the documents were received, filed and approved. 26. Tobacco Compliance Civil Penalty for Tobacco License Holder – Kwik Stop #74: City Manager recommended 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. 27. Tobacco Compliance Civil Penalty for Tobacco License Holder – Kwik Stop #84: City Manager recommended approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Kwik Stop #84, 2335 University Avenue. Upon mo- tion the documents were received, filed and approved. 28. Tobacco Compliance Civil Penalty for Tobacco License Holder – Neighborhood Quick Mart: City Manager recommended approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Neighborhood Quick Mart, 690 W. Lo- cust Street. Upon motion the documents were received, filed and approved. 11 29. Tobacco Compliance Civil Penalty for Tobacco License Holder – Oky Doky #8: City Manager recommended approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Oky Doky #8, 535 Hill Street. Upon motion the docu- ments were received, filed and approved. 30. Tobacco Compliance Civil Penalty for Tobacco License Holder – Sid’s' Beverage Store, Inc.: City Manager recommended approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Sid's Beverage Store, Inc., 2727 Dodge Street. Upon motion the documents were received, filed and approved. 31. Signed Contract(s): Armani Community Services Advertising Contract with Jule Transit for bus displays; and the Dubuque Children's Zoo Boosters short-term lease for a portion of FDR Park to operate the Storybook Hill Children's Zoo. Upon motion the docu- ments were received and filed. 32. Improvement Contracts / Performance, Payment and Maintenance Bonds : D&D Concrete, Inc. for the Grand River Center Decorative Concrete Repair Project; Portzen Construction, Inc. for the 22nd Street/Kaufmann Avenue Storm Sewer Improvements Pro- ject (White Street to Kleine Street); Top Grade Excavating, Inc. for the Marquette Place Sanitary Sewer & Water Main Reconstruction Project. Upon motion the documents were received, filed and approved. 33. Alcohol License Applications: City Manager recommended approval of annual liq- uor, beer, wine and tobacco license applications as submitted. Upon motion the docu- ments were receive and filed and Resolution No. 139-19 Approving applications for beer, liquor, and/or wine permits, as required b y 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. 139-19 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 f ees 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: 12 Renewals Backpocket Brewing Taproom 333 E. 10th St. Class C Liquor (Catering) (Outdoor) (Sunday) Board and Brush Crea- tive Studio 875 Jackson St. Special Class C Liquor (Sun- day) Catfish Charlie's 1630 E. 16th St. Class C Liquor (Catering) (Outdoor) (Sunday) Charlotte's Coffee House 1104 White St. Special Class C Liquor, Class B Wine (Outdoor) (Sunday) Clarke University 1550 Clarke Dr. Class C Liquor (Catering) (Outdoor) (Sunday) Dubuque Lodge No. 355 2635 Windsor Ave. Class A Liquor (Outdoor) (Sunday) Hartig Drug Co. 2255 John F. Kennedy Rd. Class E Liquor, Class B Wine, Class C Beer (Sunday) Joliet Building Corpo- ration 781 Locust St. Class C Liquor (Outdoor) (Sunday) Kwik Stop 16th Street #325 1210 E. 16th St. Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Lina's Thai Bistro 2055 Holliday Dr. #200 Class C Liquor, Class B Wine (Sunday) Liquor Tobacco & Gro- cery 1998 Jackson St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Liquor Tobacco & Gas 1401 Central Ave. Class E Liquor Class B Wine, Class C Beer (Sunday) Loras College Campus Center 1450 Alta Vista St. Class C Liquor (Catering) (Sunday) Lot One, LLC 100 Main St. Class C Liquor (Outdoor) (Sunday) Marco's Italian Ameri- can Food 2022 Central Ave. Class C Liquor Monks Kaffee Pub 373 Bluff St. Class C Liquor (Outdoor) (Sunday) Oky Doky #8 Foods 535 Hill St. Suite A Class E Liquor, Class B Wine, Class C Beer (Sunday) Old Chicago Pizza and Taproom 3100 Dodge St. Class C Liquor (Outdoor) (Sunday) Olive Garden Italian Restaurant #1516 3350 Dodge St. Class C Liquor (Sunday) Paro Food Mart 3200 Central Ave. Class C Beer (Sunday) Ron's Five Point Mart 405 Rhomberg Ave. Class C Beer (Sunday) Tavern on the Main 920 Main St. Class C Liquor The Hub 253 Main St. Class C Liquor (Sunday) 13 Whiskey River 1064 University Ave. Class C Liquor (Outdoor) (Sunday) New McAleece Park and Recreation Complex 1801 Admiral Sheehy Dr. Class B Beer, Class B Native Wine (Outdoor) (Sunday) Special Event(s) per Special Event Application Submittal Barrel House 299 Main St. Adding Outdoor Service for J.D.F.F. Dubuque County Fine Arts Society Washington Park – Per City Managers Approval Class B Beer (Outdoor) (Sun- day) Dubuque Main Street Town Clock Plaza from 6th St. to 8th Special Class C Liquor (Out- door) Pinnacle Combat 145 N. Crescent Ridge Special Class C Liquor (Out- door) Passed, approved, and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Shaw to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribe d by law. Seconded by Resnick. Motion carried 7-0. 1. Sale of City-Owned Property at 1100 Roosevelt Street: City Manager recommended that the City Council set a public hearing for May 6, 2019 on the intent to dispose of City- owned property at 1100 Roosevelt Street to Dubuque and Jackson County Habitat for Humanity that includes a 21-year Restrictive Covenant as an owner-occupied, single- family residential use. Upon motion the documents were received and filed, and Resolu- tion No. 140-19 Resolution of Intent to Dispose of an Interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof was adopted. setting a public hearing for a meeting to commence at 6:00 p.m. on May 6, 2019 in the Historic Federal Building. RESOLUTION NO. 140-19 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 1100 Roosevelt Street (the Property) legally described as: Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, according to the rec- orded plat thereof; and Whereas, the City acquired the Property by petition as an abandoned property for the purpose of its restoration and re-sale for owner-occupied housing; and 14 Whereas, Dubuque and Jackson County Habitat for Humanity will rehabilitate the prop- erty and sell it to an income qualified household for single family occupancy; and Whereas, conveying the Property to Dubuque and Jackson County Habitat for Human- ity is consistent with the City goal of creating opportunities for affordable home ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed dispo- sition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 6th day of May 2019 beginning at 6:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Application was reviewed to the following Board. 1. Building Code and Advisory Appeals Board: One, 3-Year Term through August 1, 2019 (Vacant Journeyman/Carpenter term of Schwendinger). Applicant: Derek Duehr, 3395 Venture Ct. (Qualifies as Journeyman/Carpenter). Mr. Duehr spoke in support of his appointment and provided a brief biography. Appointments were made to the following Commissions. 2. Cable Television Commission: One, 3-Year term through July 1, 2021 (Vacant term of Dolson). Applicant: Richard Baumhover, 601 Garfield Ave. Motion by Larson to appoint Mr. Baumhover to the 3-year term through July 1, 2021. Seconded by Shaw. Motion car- ried 7-0. 3. Community Development Advisory Commission: One, 3-Year term through Febru- ary 15, 2022 (Vacant LMI term of Caldwell). Applicants: Richard Baumhover, 601 Garfield Ave. (Qualifies as LMI Representative); and Jeff Lenhart, 1274 Locust St. (Qualifies as LMI Representative and additional applicant). Upon roll-call vote, with Del Toro voting for Mr. Baumhover, Jell Lenhart was appointed to the 3-year term through February 15, 2022. PUBLIC HEARINGS 1. Three Amigos, LLC - Development Agreement: Proof of publication on notice of public hearing to consider approval of a proposed Development Agreement betwee n the City of Dubuque and Three Amigos, LLC for redevelopment of the property at 898 Jack- son Street, and the City Manager recommending approval. Motion by Shaw to receive and file the documents and adopt Resolution No. 141-19 Approving a Development Agreement between the City of Dubuque, Iowa and Three Amigos, LLC including the 15 issuance of Urban Renewal Tax Increment Revenue Obligations, for the Redevelopment of 898 Jackson Street. Seconded by Del Toro. Motion carried 7-0. RESOLUTION NO. 141-19 APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THREE AMIGOS, LLC, INCLUDING THE ISSUANCE OF URBAN RE- NEWAL TAX INCREMENT REVENUE OBLIGATIONS, FOR THE REDEVELOPMENT OF 898 JACKSON STREET Whereas, the City Council, by Resolution No. 114-19 dated April 1, 2019, declared its intent to enter into a Development Agreement with Three Amigos, LLC for the redevelop- ment of 898 Jackson Street in the City of Dubuque, Iowa (the Property), including provid- ing for the issuance of Urban Renewal Tax Increm ent Revenue Obligations; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on April 15, 2019 at 6:00 p.m. in the City Council Chambers at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by Three Amigos, LLC according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement between the City of Dubuque, and Three Amigos, LLC, a copy of which is attached hereto, including the issuance of U rban Re- newal Tax Increment Revenue Obligations, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Develop- ment Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. University of Dubuque ID Amendment - South Commons: Proof of publication on notice of public hearing to consider a request from James Steiner/University of Dubuque to Amend ID Institutional Zoning District for 2180 Grace Street to develop new south quad and reassemble bell tower along Grace Street, and the Zoning Advisory Commission rec- ommending approval. Motion by Shaw 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. Keith Wipperfurth, Director of Construction for the University of Dubuque , spoke in support of the request and responded to questions from the City Council by stating that UD had just acquired a residence on Grace Street. Planning Services Assis- tant Planner Wally Wernimont provided a staff report. Motion carried 7-0. Motion by Shaw for final consideration and passage of Ordinance No. 20-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by 16 providing for the approval of an Amended Campus Development Plan for the University of Dubuque to the creation of the South Quad Area. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 20-19 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE UNIVERSITY OF DUBUQUE TO THE CREATION OF THE SOUTH QUAD AREA 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, be amended by providing for the approval of an amended campus develop- ment plan for the University of Dubuque ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department. Section 2. Institutional District Regulations. A. Use Regulations The following regulations shall apply to all uses made of land in the above -de- scribed ID Institutional District: 1. Principal permitted uses shall be limited to: a. Offices for administrative personnel or other institutional employees and affil- iates. b. Churches, libraries, and museums. c. Classrooms, laboratories, lecture halls, and similar places of institutional as- sembly. d. Off-street parking and loading. e. Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates. f. Single-family, two-family, or multi-family dwellings for the housing of institu- tional residents or affiliates. 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional District. a. Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200’) from the nearest Residential or Office Residential District. b. All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include com- mercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: The proposed South Quad Area shall be constructed in substantial conformance with the attached amended campus development plan. C. Performance Standards 17 The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 5-22 of the Unified Development Code and the following standards: 1. The storm water control shall be designed and built in accordance with City Regulations subject to review and approval by the City of Dubuque Engineering Department. 2. That appropriate erosion and sediment control will be installed prior to com- mencement of any land disturbing activity related to the subject project, including all required state and city permits related to erosion control. 3. New outdoor lighting shall utilize 72-degree cut-off luminaries. 4. Landscaping shall be provided in compliance with Article 13 of the Unified De- velopment Code. 5. All utilities, including telephone and cable television, shall be installed under- ground. 6. Final site plans shall be submitted in accordance with Articles 12 and 13 of the Unified Development Code. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be regulated as follows. 1.) Any significant expansion or reduction in the number of off -street parking spaces must be reviewed by Planning Services staff for compliance with the adopted Institutional District regulations. E. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institu- tional District as established in Article 15 of the Unified Development Code. F. Additional Standards That all previously approved campus developm ent plans are hereby amended to allow for the attached campus development plan. G. Transfer of Ownership Transfer of ownership of property in this ID Institutional District requires rezoning of the property to an appropriate zoning district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in ac- cordance with zoning reclassification proceedings of Article 9 of the Unified Develop- ment Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 15th day of April 2019. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 19 th day of April 2019. /s/Kevin S. Firnstahl, City Clerk 18 3. Bee Branch Healthy Homes (CDBG-NDR) Housing Rehabilitation Project for 278 W. 17th Street: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract, and estimated cost for the Bee Branch Healthy Homes (CDBG-NDR) Housing Rehabilitation Project for 278 W. 17 th Street, and the City Manager recommending approval. Motion by Larson to receive and file the documents and adopt Resolution No. 142-19 Approval of Plans Specifications, form of contract, and estimated cost for 278 W. 17th Street Housing Rehabilitation Improvements Project. Se- conded by Jones. Responding to questions from the City Council, Housing and Commu- nity Development Director Alexis Steger provided a summary of the project. Motion car- ried 7-0. RESOLUTION NO. 142-19 BEE BRANCH HEALTHY HOMES HOUSING PROJECTS APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR 278 W 17th STREET HOUSING REHABILITATION IMPROVE- MENTS PROJECT Whereas, the City Clerk did publish a Notice of Public Hearing on April 5, 2019 per Resolution No. 115-19 on the proposed plans, specifications, form of contract and esti- mated cost for the individual Bee Branch Healthy Homes Project; and Whereas, the East Central Intergovernmental Association (ECIA), advertised for bids as directed for the construction of the improvements therein provided; and Whereas, the Dubuque City Council held a public hearing on April 15, 2019 at 6:00 p.m. in the Historic Federal Building, second-floor Chambers, 350 W. 6th Street, Dubu- que, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City of Dubuque, Iowa that the proposed plans, specifications, form of contract and estimated cost for individual Bee Branch Healthy Homes Project # 1x0086 in the estimated amount of, in the estimated amount $267,183.00, are hereby approved. Address Project# Construction Estimate 278 W. 17th St. (30 units) 1X0086 $267,183.00 Passed, adopted, and approved this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Status of Funded Activities for Community Development Block Grant, National Dis- aster Resilience (CDBG-NDR) Housing Grant: Proof of publication on notice of public hearing to consider approval of the Status of Funded Activities Contract #13-NDRH-001 for Community Development Block Grant, National Disaster Resilience Housing Grant, locally known as the Bee Branch Healthy Homes Resiliency Program, and the City Man- ager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 143-19 To Receive and file public hearing on Status of Funded Activities - Contract #13-NDRH-001 for the Community Development Block Grant, Na- tional Disaster Resilience (CDBG-NDR) Housing Grant. Seconded by Resnick. Mark Schneider, Community Development and Public Services Director for ECIA, made a brief 19 presentation summarizing the project and provided data on the success of previous pro- jects in terms of applications received, housing construction contracts let, housing units completed, and home advocate contacts made. Motion carried 7 -0. RESOLUTION NO. 143-19 BEE BRANCH HEALTHY HOMES STATUS OF FUNDED ACTIVITIES PUBLIC HEARING ON STATUS OF FUNDED ACTIVITIES- CONTRACT #13-NDRH- 001 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT, NATIONAL DISASTER RESILIENCE (CDBG-NDR) HOUSING GRANT 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, the City Clerk did publish a Notice of Public Hearing on April 5, 2019 per Resolution No. 116-19 on the proposed plans, specifications, form of contract and esti- mated cost for the individual Bee Branch Healthy Homes Project; and Whereas, the Dubuque City Council met in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:00 p.m. on April 15, 2019 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: The Status of Funded Activity documents be received and filed for the CDBG-NDR Contract #13-NDRH-001, and are hereby approved. Passed, approved and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Fiscal Year 2019 Second Budget Amendment: Proof of publication on notice of pub- lic hearing to consider approval of the second Fiscal Year 2019 Budget Amendment, and the City Manager recommending approval. Motion by Larson to receive and file the doc- uments and adopt Resolution No. 144-19 Amending the current budget for Fiscal Year Ending June 30, 2019 as last amended on October 1, 2018. Seconded by Resnick. Mo- tion carried 7-0. NOTICE OF PUBLIC HEARING AMENDMENT OF FY 2018-2019 CITY BUDGET The City Council of Dubuque in Dubuque County, Iowa , will meet at the Historic Fed- eral Building 350 West 6th St. at 6:00 p.m. on 4/15/19, for the purpose of amending the current budget of the city for the fiscal year ending June 30, 2019 by changing estimates of revenue and expenditure appropriations in the following func- tions for the reasons given. Additional detail is available at the city clerk's office showing revenues and expendi- tures by fund type and by activity. Total Budget as certified or last amended Current Amendment Total Budget af- ter Current Amendment 20 Revenues & Other Financing Sources Taxes Levied on Property 1 25,766,328 25,766,328 Less: Uncollected Property Taxes-Levy Year 2 0 0 Net Current Property Taxes 3 25,766,328 0 25,766,328 Delinquent Property Taxes 4 0 0 TIF Revenues 5 10,182,997 10,182,997 Other City Taxes 6 18,093,849 18,093,849 Licenses & Permits 7 1,653,906 -20,000 1,633,906 Use of Money and Property 8 13,471,848 479,674 13,951,522 Intergovernmental 9 75,408,479 3,684,264 79,092,743 Charges for Services 10 43,532,641 43,532,641 Special Assessments 11 30,000 30,000 Miscellaneous 12 8,306,022 200,737 8,506,759 Other Financing Sources 13 17,258,216 1,360,054 18,618,270 Transfers In 14 38,170,410 -1,077,870 37,092,540 Total Revenues and Other Sources 15 251,874,696 4,626,859 256,501,555 Expenditures & Other Financing Uses Public Safety 16 30,311,660 13,890 30,325,550 Public Works 17 13,881,376 3,506 13,884,882 Health and Social Services 18 1,041,941 87,830 1,129,771 Culture and Recreation 19 13,492,900 200,974 13,693,874 Community and Economic Development 20 14,446,847 107,038 14,553,885 General Government 21 9,710,321 34,409 9,744,730 Debt Service 22 10,602,563 406,398 11,008,961 Capital Projects 23 80,882,586 2,184,380 83,066,966 Total Government Activities Expenditures 24 174,370,194 3,038,425 177,408,619 Business Type / Enterprises 25 74,733,897 -572,147 74,161,750 Total Gov Activities & Business Expenditures 26 249,104,091 2,466,278 251,570,369 Transfers Out 27 38,170,410 -1,077,870 37,092,540 Total Expenditures/Transfers Out 28 287,274,501 1,388,408 288,662,909 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out Fiscal Year 29 -35,399,805 3,238,451 -32,161,354 Beginning Fund Balance July 1 30 88,559,720 88,559,720 Ending Fund Balance June 30 31 53,159,915 3,238,451 56,398,366 Explanation of increases or decreases in revenue estimates, appropriations, or avail- able cash: This amendment adds additional revenue from grants received, private funding, bond proceeds, and the appropriation to spend the monies. Adjustments to reflect the amended Community Development Annual Plan budget are included along with savings from com- pleted or cancelled projects and available cash balance is used to fund increased opera- tions. There will be no increase in tax levies to be paid in the current fiscal year named above related to the proposed budget amendment. Any increase in expenditures set out above will be met from the increased non-property tax revenues and cash balances not budg- eted or considered in this current budget. Jennifer Larson, Director of Finance & Budget 6. NW Arterial and Pennsylvania Avenue Right-Turn-Lane Improvement Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract, and estimated cost for the NW Arterial and Pennsylvania Avenue Right - 21 Turn Lane Improvement Project, and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 145-19 Approval of plans, specifications, form of contract and estimated cost for the Northwest Arterial - Pennsylvania Avenue Right-Turn-Lane Project. Seconded by Del Toro. Responding to questions from the City Council regarding future improvements at that intersection, City Manager Van Milligen stated that aside from the highway being kept in a “state of good repair,” there is no expectation of major improvements by the IDOT ahead of the imminent transfer of jurisdiction of IA32 from the IDOT to the City. The City would have to apply for grant funding to make major improvements once it takes ownership of IA32. Concern over pedestrian traffic crossing with the northbound, right-turning traffic was discussed with the suggestion of a right red arrow to help with pedestrian safety. Council Member Resnick noted that this past winter was tough on local roads generally, and repairs will take time. Motion carried 7-0. RESOLUTION NO. 145-19 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE NORTHWEST ARTERIAL - PENNSYLVANIA AVE RIGHT TURN LANE PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Northwest Arterial - Pennsylvania Avenue Right Turn Lane Project, in the estimated amount $354,600.00, are hereby approved. Passed, adopted and approved this the 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS 1. Greater Dubuque Development Corporation (GDDC) - Quarterly Update and Oppor- tunity Dubuque Biannual Report: President and CEO Rick Dickinson deferred the quar- terly update to speak on the new Big Life, Small Community campaign just launched and review the Opportunity Dubuque Biannual Report. City Manager recommended ac- ceptance of the Opportunity Dubuque Biannual Report. Motion by Resnick to receive and file the documents, view the presentation and accept the Opportunity Dubuque Biannual Report as recommended. Seconded by Del Toro. Motion carried 7-0. Kristen Dietzel, Vice President of Workforce Solutions with GDDC, provided a verbal and slide presentation on the Big Life Small Community campaign and associated video. This campaign connects newcomers, current residents and employers with online com- munity resources such as housing, education, transportation, entertainment, pets, city government, community engagement, education programs and relocation information. Ms. Dietzel provided a history of the Opportunity Dubuque program and expanded on the outcomes of the program that provide skills and education that enable participants to en- ter the workforce and/or continue with their education. 22 2. Grand River Center Presentation of Annual Report: Mitzi Yordy, Manager of the Grand River Center, presented the 2018 Annual Report and update of activities in the current fiscal year and plans for the future. Topics included the purpose or the GRC, 2018 outcomes, recognition of the employee team, promotional strategy, website data, annual group comparison, annual market segment data 2018 and 2019 forecast ed, completed and planned facility improvements projects, sustainability efforts, partnerships, and 2018 and 2019 bookings. Motion by Shaw to receive and file the documents. Seconded by Larson. Motion carried 7-0. 3. Release of Funds Request for 278 West 17th Street: City Manager recommended authorization for the Mayor to execute a Request for Release of Funds and Certification for Community Development Block Grant (CDBG) for the 278 West 17 th Street Rehabili- tation Project and adoption of a resolution to submit to the U.S. Department of Housing and Urban Development (HUD). Motion by Larson to receive and file the documents and adopt Resolution No. 146-19 Authorizing request for Release of Funds and Certification for Community Development Block Grant (CDBG) Funds for the 278 West 17 th Street Project. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 146-19 AUTHORIZING REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR THE 278 WEST 17TH STREET PROJECT Whereas, the City of Dubuque has been awarded Community Development Block Grant funds from the U.S. Department of Housing and Urban Development (HUD); and Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart- ment of Housing and Urban Development (HUD), an environmental review has been pro- cessed for Community Development Block Grant funds; and Whereas, a Notice of Intent to Request Release of Funds for said grant has been pub- lished on March 25, 2019 to commence the required fifteen (15) day comment period; and Whereas, any and all comments received as a result of such notice will be duly con- sidered before proceeding with a Request for Release of Funds and Certification; and Whereas, a Request for Release of Funds and Certification must be sent to the U.S. Department of Housing and Urban Development (HUD) at the conclusion of the comment period. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to execute a Request for Release of Funds and Certification on or about April 15, 2019 and submit to the U.S. Department of Housing and Urban Development (HUD). Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume the status of a responsible federal official under the National Environmental Pro- tection Act, insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban Development responsibilities for review, decision making, and action assumed and carried out by the City of Dubuque as to environmental issues. 23 Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent per- sonally, in his official capacity and on behalf of the City of Dubuque, to accept the juris- diction of the federal courts if an action is brought to enforce responsibilities in relation to environmental review process, decision-making and action. Passed, approved and adopted this 15th day of April 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Request for Work Session on Imagine Dubuque Implementation : City Manager rec- ommended that the City Council schedule a work session for May 2 8, 2019 at 6:00 p.m. in the City Council Chambers regarding the process and timeline for implementation of Imagine Dubuque 2037: A Call to Action. Motion by Larson to receive and file the docu- ments and schedule the work session as recommended. Seconded by Del Toro. No schedule conflicts were noted. Motion carried 7-0. 5. Request for Work Session on Sustainable Dubuque : City Manager recommended that the City Council schedule a work session for May 6, 2019 at 5:30 p.m. in the Council Chambers regarding Sustainable Dubuque, Greenhouse Gas Inventory and Climate Ac- tion Plan. Motion by Shaw to receive and file the documents and schedule the work ses- sion as recommended. Seconded by Resnick. No schedule conflicts were noted. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Resnick reported on the many arts events he attended and were available in the community during the last two weeks. Council Member Jones congratulated the DREAM Center on its many successful out- comes and depth of commitment. Council Member Larson concurred. Mayor Buol reported on the two community members that he witnesses voluntarily picking up trash during their early morning walks and asked all citizens to not litter and to help pick up debris. CLOSED SESSION Motion by Jones to convene in closed session at 7:27 p.m. to discuss pending litigation and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Resnick. Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Crenna Brumwell and Attorney Les Reddick. Motion carried 7-0. Upon motion the City Council reconvened in open session at 7:48 p.m. stating that staff had been given property direction. There being no further business, upon motion the City Council adjourned at 7:49 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk