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3 4 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 4th day of March 2019 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 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: City Council proceeding of 2/11, 2/13, 2/18, 2/21, 2/25, 2/27; Civil Service Commission of 12/21/18, 2/12/19, Human Rights Commission of 1/14; Park and Recreation Advisory Commission of 2/12; Proof of Publication for City Council Proceedings of 2/4, 2/7, 2/11, 2/13; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 1/31. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Hope Ehlinger for vehicle damage, Audrey Gottschalk for vehicle damage, Zachary Hallman for vehicle damage, Andrés Liza for property dam- age, Kalyn Nowacki for vehicle damage, Conor Shoellhorn for vehicle damage, Nicole and Ricardo Woods for personal injury/vehicle damage . Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Audrey Gottschalk for vehicle damage, Andrés Leza for property damage, Kalyn Nowacki for vehicle damage, Conor Shoellhorn for vehicle damage, Nicole and Ricardo Woods for personal injury/vehicle damage. Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommending Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 69-19 Authorizing the Finance Director-City Treasurer to make certain 2 payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 69-19 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 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Fiscal Year 2020 County Tax Increment Financing (TIF) Report: City Manager trans- mitting the Annual Tax Increment Financing (TIF) Report that has been filed with Dubuque County Auditor Denise Dolan. Upon motion the documents were received and filed. 6. Certified Local Government (CLG) Annual Report: City Manager recommending ap- proval of the Calendar Year 2018 Certified Local Government (CLG) Annual Report. Upon motion the documents were received, filed and approved. 7. Land and Water Conservation Fund (LWCF) Grant Application for the Bee Branch Creek Trail Connector: City Manager recommending approval of an application to the Iowa Department of Natural Resources for a Land and Water Conservation Fund (LWCF) 3 Grant to complete the Bee Branch Creek Trail Connector. Upon motion the documents were received and filed, and Resolution No. 70-19 Authorizing Land and Water Conser- vation Fund (LWCF) Grant application to Iowa Department of Natural Resource s for Bee Branch Creek Trail Connector was adopted. RESOLUTION NO. 70-19 AUTHORIZING LAND AND WATER CONSERVATION FUND (LWCF) GRANT APPLI- CATION TO IOWA DEPARTMENT OF NATURAL RESOURCES FOR BEE BRANCH CREEK TRAIL CONNECTOR Whereas, the Iowa Department of Natural Resources administers the Land and Water Conservation Fund Grant Program for the development of outdoor recreational facilities; and Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in- cludes goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that includes the Bee Branch Creek Trail as a High Priority project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manager is hereby authorized to submit an application to the Iowa Department of Natural Re- sources for Land and Water Conservation Fund (LWCF) Grant funds for the Bee Bra nch Creek Trail Connector. Section 2. That in the event said application is approved, the City Council hereby pro- vides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 4th day of March 2019. Roy D, Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Community Attractions and Tourism (CAT) Grant Agreement for Miracle League : City Manager transmitting the award of a (CAT) grant and requesting approval of the resolution and the Grant Agreement for the Community Attractions and Tourism (CAT) grant to Enhance Iowa for the Miracle League of Dubuque Baseball Field and All -Inclusive Playground Project. Upon motion the documents were received and filed, and Resolution No. 71-19 Authorizing (CAT )Grant Agreement with Enhance Iowa for the Miracle League of Dubuque Baseball Field and All-Inclusive Playground Project was adopted. RESOLUTION NO. 71-19 AUTHORIZING COMMUNITY ATTRACTIONS AND TOURISM (CAT) GRANT AGREE- MENT WITH ENHANCE IOWA FOR THE MIRACLE LEAGUE OF DUBUQUE BASE- BALL FIELD AND ALL-INCLUSIVE PLAYGROUND PROJECT Whereas, Enhance Iowa has allocated Community Attraction and Tourism (CAT) Pro- gram grant funds for projects that help position our community to take advantage of eco- nomic development opportunities in tourism and strengthen a community’s competitive- ness as a place to work and live; and 4 Whereas this Project allows individuals with special needs to participate in organized recreational programs and activities just like their brothers, sisters, families and friends. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor is hereby authorized to execute and deliver the CAT grant agree- ment in the amount of $500,000 along with our partner Miracle League of Dubuque for the Miracle League Baseball Field and All-Inclusive Playground Project along with such other documents as the Enhance Iowa Board of Directors or the Enhance Iowa Board’s legal counsel may reasonably request. Passed, approved and adopted this 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Awarding the 2019 Grand River Center Decorative Concrete Repair Project : City Manager recommending award of the construction contract for the 2019 Grand River Center Decorative Concrete Repair Project to the low bidder D&D Concrete, Inc. Upon motion the documents were received and filed, and Resolution No. 72-19 Awarding public improvement project for the Grand River Center - Decorative Concrete Repair Project was adopted. RESOLUTION NO. 72-19 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE GRAND RIVER CENTER - DECORATIVE CONCRETE REPAIR PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, sealed proposals have been submitted by contractors for the Grand River Center - Decorative Concrete Repair Project, (the Project) pursuant to Resolution No. 66 - 19 and Notice to Bidders published on the City of Dubuque, Iowa web site and plan room service with statewide circulation on the 8th day of February 2019. Whereas, said sealed proposals were opened and read on the 21 st day of February 2019 and it has been determined that D&D Concrete, Inc. of Dubuque, IA with a bid in the amount of $77,048.00 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to D&D Con- crete, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Design Mill, Inc. Third Amendment to Iowa Values Funds Financial Assistance Contract: City Manager recommending approval of a resolution authorizing the Third Con- tract Amendment to the Iowa Values Funds Financial Assistance Contract by and among the Iowa Economic Development Authority, Design Mill, Inc., and the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 73-19 Approving 5 a Third Amendment to the Economic Development Financial Assistance Contact by and among Design Mill, Inc., the City of Dubuque and the Iowa Department of Economic De- velopment was adopted. RESOLUTION NO. 73-19 APPROVING A THIRD AMENDMENT TO THE ECONOMIC DEVELOPMENT FINAN- CIAL ASSISTANCE CONTRACT BY AND AMONG DESIGN MILL, INC., THE CITY OF DUBUQUE, AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT Whereas, Design Mill, Inc. (DMI) and the City of Dubuque (City) entered into an Eco- nomic Development Financial Assistance Contract (the Contract) with the Iowa Economic Development Authority (IEDA) for the expansion of Design Mill, Inc.’s (DMI) operations in Dubuque, Iowa; and Whereas, DMI requested an extension of the Project Completion Date in the Contract from June 30, 2016 to June 30, 2017 in a First Amendment; and Whereas, DMI requested an extension of the Project Completion Date in the Contract from June 30, 2017 to June 30, 2018 in a Second Amendment; and Whereas, DMI is now requesting a third extension of the Project Completion Date in the Contract from June 30, 2018 to June 30, 2019 and an adjustment of the Ma intenance Period Completion Date from June 30, 2020 to June 30, 2021, as set forth in the attached Contract Amendment; and Whereas, the IEDA Board has approved the extension of the Project Completion Date to June 30, 2019 and the maintenance Period Complet ion Date from June 30, 2020 to June 30, 2021; and Whereas, the parties now desire to amend the Contract as set forth in the attached Contract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Contract Amendment is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute and the City Man- ager is hereby directed to submit the Contract Amendment to the Iowa Economic Devel- opment Authority together with such other documents as may be required. Passed, approved, and adopted this 4th day of March, 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Acceptance of the 30th Street to Leibe Street Sanitary Sewer Reconstruction Pro- ject: City Manager recommending acceptance of the construction contract for the 30th Street to Leibe Street Sanitary Sewer Reconstruction Project, as completed by Temperley Excavating, Inc. Upon motion the documents were received and filed, and Resolution No. 74-19 Accepting the 30th Street and Leibe Street Sanitary Sewer Reconstruction Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 74-19 ACCEPTING THE 30th STREET AND LEIBE STREET SANITARY SEWER RECON- STRUCTION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR 6 Whereas, the public improvement contract for the 30 th Street to Leibe Street Sanitary Sewer Reconstruction Project (the Project) has been completed by the Contractor, Tem- perley Excavating, Inc. (Contractor), the City Engineer has examined the work and rec- ommends that the Project be accepted; and Whereas, the final contract amount for the Project is $91,405.02; and Whereas, the Contractor has previously been paid $86,834.77, leaving a balance of $4,570.25; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $4,570.25 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 4th day of March 2019. Roy Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 30th STREET AND LEIBE STREET SANITARY SEWER RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 30th Street to Leibe Street Sanitary Sewer Reconstruction Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $115,132.82. Dated this 27th day of February 2019. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 27th day of February 2019. /s/Kevin S. Firnstahl, City Clerk 12. Civil Service Commission - Certified Lists: Civil Service Commission submitting the Certified Lists for the positions of Lead Mechanic and GIS Applications Specialist. Upon motion the documents were received, filed and made a Matter of Record. February 12, 2019 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Lead Mechanic was administered on January 17, 2019. We hereby certify that the individual listed below has passed this written examination an d the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. Lead Mechanic Matt Herman 7 Eligible Employee Darren Steil Respectfully submitted, /s/Dan White Dan White, Chairman Civil Service Commission February 12, 2019 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of GIS Applications Specialist 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. GIS Applications Specialist 1. Jacob Ironside, 2. Caleb Scheidel, 3. Laurana Snyder, 4. Justin Licht, 5. Kenny Rodri- guez-Garcia Respectfully submitted, /s/Dan White Dan White, Chairman Civil Service Commission 13. Grass/Weed Cutting and Garbage Collection Assessments - Housing Department: City Manager recommending that the City Council adopt a resolution authorizing the City Clerk to certify grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed, and Resolution No. 75-19 Author- izing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 75-19 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A AND TITLE 6-8-2 OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or wel- fare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 4th day of March 2019. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Collection Charges Location/Owner/Parcel #/Amount/Category 1659 Iowa; S 57'- N 107'- E 1/2 of City Lot 746 1659-1677 Iowa; Engelken, Thomas A 2022 Camelot Dr., Allen TX. 75013; 1024264003; $246.00; grass, weeds and garbage 1555 Main; N 51.2'-S 147'11"-S 204'8" of City Lot 471; Yankee 3, LLC 1800 Washing- ton St. Dubuque IA. 52001; 1024401004; $137.00; grass 1360 Dell; LOT 2-810 A McDaniel’s Sub; Paul, Jacob R. 1825 74th Place Kenosha, WI 53143; 1024340003; $137.00; grass 1906 Ellis; N 1/2 of Lot 44 Cox’s Add.; Jasro, LLC 7346 Morman Trek Blvd. Ste. 2000, Iowa City, IA. 52246; 1024180012; $124.00; garbage 702 Caledonia; S 1/2 Lot 1-1-39 Kelly's Sub; Federal Home Loan Mortgage Corpora- tion 5000 Plano Pkwy Carrollton, TX. 75010; 1025133024; $289.00; grass 925 Nevada; Lot 2 Schiltz’ Sub; Zodiac Properties LLC 3060 Pennsylvania Ave., Dubu- que, IA. 52001; 1026229013; $115.00; garbage 696 University; W 18' Lot 9, & E 29'1 of Lot 9 Kelly's Sub.; Hoskins, Darriel 696 Uni- versity Ave., Dubuque, IA. 52001; 1025129043; $115.00; grass 1289 W 5th Lot 2-A-11 & Lot 2-B-12 Both S.M. Lang’s Add; McCue, Rebecca L. 1289 W 5th St., Dubuque, IA 52001; 1026236008; $85.00; grass 1326 Elm; S 1/2 Lot 195 East Dubuque Add; Taking Care of Business LLC 9120 Long- tail Ln., Dubuque, IA. 52003; 1024432010; $81.00; garbage 909 Rhomberg; NE 1/2-Lot 17 & Lot 2-1-18 Hooper's Add; Laird Properties, Ltd 3960 Cedar Heights Ct. Dubuque IA. 52002; 1013477015; $81.00; grass 640 Alta Vista; Lot 38 Oxford Hgts. Lot 2-39 & Lot 2-36 Oxford Hgts.; Engelken, Thomas A 2022 Camelot Dr., Allen TX. 75013; 1025107013; $194.00; grass, weeds and garbage 1494 Jackson; S 20.6' Lot 1-1-47 East Dubuque Add; Paradox Properties LLC8282 Turkey Valley Ln. Dubuque IA. 52003; 1024426002; $95.00; garbage 1478 Jackson; Lot 2-47 & Lot 1-N 1/2 of 48 Both in East Dubuque Add; McMahon Real Est Rentals, LLC2380 Samantha Dr., Dubuque, IA. 52002; 1024426003; $109.00; gar- bage 9 1458 Jackson; N 1/2 Lot 49 East Dubuque Add; Mk Properties LLC 8505 Southern Hills Ct., Dubuque, IA. 52003; 1024426007; $218.00; garbage 704 Caledonia; N 1/2 of Lot 1 of 1 Of 39 In Kelly Sub; Lincoln, Aaron J. 3908 Flat Rock Ct., Van Buren, AR. 72956; 1025133023; $166.00; grass 621 E 24th; Lot 2-1 & 2-2 Windsor Ave. Sub; Scharff Holdings LLC 1846 E Quarry Rd., Cuba City, WI. 53807; 1013453028; $81.00; grass 2240 Hoyt; Lot 1-3 Pfohl’s Sub; Schulte, Timothy E. 2240 Hoyt St., Dubuque, IA. 52001; 1023327001; $109.00; grass 1001 Garfield; E 93.5' of Lot 5 McCraney's 2nd Add; Mayne, Christopher J 591 Almond St., Dubuque, IA. 52001; 1118351016; $375.00; grass 725 Roberts; Lot 37 Wilsons Sub; Laird, Brian M. 725 Roberts, Dubuque, IA. 52001; 1025109058; $109.00; grass 1262 Cleveland; Lot 79 Union Add; Home Dream, LLC 3060 Pennsylvania Ave., Dubu- que, IA. 52001; 1025361014; $75.00; grass 597 Jefferson; S 80' Lot 22 & S 80' - W 10'6" Lot 23 Farley’s Sub 619-621 Jefferson; Zodiac Properties, LLC 3060 Pennsylvania Ave., Dubuque, IA. 52001; 1024386007; $85.00; grass 1225 N Booth; Lot 2-1 Trenk’s Booth St. Pl.; Fries, Thomas A 1225 N. Booth St., Dubu- que, IA. 52001; 1023483017; $115.00; grass 1395 Walnut; E 75' of Lot 3 of City Lot 740; Kramerica Properties, LLC 485 Locust St., Dubuque, IA. 52001; 1024354005; $115.00; grass 374 Kaufmann; Lot 4-138, 4-140, 4-142, L H Langworthy's Add.; Secretary of Housing & Urban Development 2401 NW 23rd. St. Ste. 1D Shepherd Mall Office Complex Okla- homa City, OK. 73107-2420; 1024106005; $365.00; grass 2042 Chaney; S 50' of Lot 81 Hillcrest Sub #2; Freedom Properties II, LLC 973 Rich- ards Rd. Dubuque IA. 52003; 1022405013; $55.00; grass 643 Chestnut; Lot 2 McDaniel's Sub Plat 3; HP Investments, LLC 8505 Southern Hills Ct., Dubuque IA. 52003; 1024378033; $275.00; grass 945 Bluff; Lot 11 – E. 1/2 - City Lot 655 & Lot 2-1A Lorimer Sub; Pottebaum, Ricky & May, Liesl Dba R&L Construction 358 E. 16th St., Dubuque, IA. 52001; 1024457023; $80.00; grass 1954 Ellis; W 130' of Lot 48 Cox’s Add.; Bartell, Karen PO Box 102 Bernard, IA. 52032; 1024180008; $75.00; grass 2060 Fengler; E 1/2-Lot 8 Fengler's Add; Frommelt, Heather 1210 Lincoln Ave., Dubu- que IA. 52001; 1118310009; $100.00; grass 1702 Rhomberg; Holy Trinity Sub - Lot 1; Regan, Kevin D 12588 Westmont Hts., Pe- osta, IA. 52068; 1118178007; $125.00; garbage 14. Vacant and Abandoned Buildings and Problem Property Assessments : City Man- ager recommending approval of a resolution authorizing the City to certify problem prop- erty charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed, and Resolution No. 76-19 Authorizing the City to collect delinquent problem property charges in accordance with 14-GE International Property Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, Iowa was adopted. 10 RESOLUTION NO. 76-19 AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE- NANCE CODE SECTION 106.5 AND/OR SECTION 109.5 CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if problem properties are allowed to deteriorate according to 14-1J1; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached Proble m Property Assessment Schedule are delinquent in the payment of problem property charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attache d Problem Property Assessment Schedule are delinquent in the payment of problem prop- erty charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective p arcels of property set opposite the names of the owners. Passed, approved and adopted this 4th day of March 2019. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Delinquent Problem Property Charges Location; Legal Description; Owner; Parcel #; Amount; Category 1659 Iowa; S 57'- N 107'- E 1/2 of City Lot 746 1659-1677 Iowa; Engelken, Thomas A. 2022 Camelot Dr., Allen, TX. 75013;1024264003; $60.00; Repair broken glass in door 15. Alternative Service Concepts (ASC) Addendum to Workers' Compensation Claims Administrative Services Agreement: City Manager recommending approval of an Adden- dum to the Agreement with Alternative Services Concepts for services related to the ad- ministration of the City’s Worker’s Compensation Program that extends the current Agree- ment from March 1, 2019 to May 31, 2019. Upon motion the documents were received, filed and approved. 16. Amendment to the Collective Bargaining Agreement between the City and Interna- tional Union of Operating Engineers, Local #234: City Manager recommending approval of an Amendment to the Collective Bargaining Agreement in effect from July 1, 2017 to June 30, 2022, between the City of Dubuque and the International Union of Operating 11 Engineers, Local #234. Upon motion the documents were received and filed, and Reso- lution No. 77-19 Approving the Amendment to the collective Bargaining Agreement in effect from July 1, 2017 to Jun 30, 2022, between the City of Dubuque, Iowa, and the International Union of Operating Engineers, Local #234 and authorizing the Mayor to sign the Amendment was adopted. RESOLUTION NO. 77-19 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 INTERNATIONAL UNION OF OPERATING ENGINEERS, LO- CAL #234 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 International Union of Operating Engineers, Local #234 is an employee organization within the meaning of Section 3 (4) of the Public Employment Relati ons 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 4th day of March, 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Q Casino Request for Expenditure from Depreciation and Improvement Fund: Dubuque Racing Association President and CEO Jesús Avilés requesting City Council approval to expend money from the Depreciation and Improvement Fund (D&I) for grease receptors serving the kitchens at Q Casino. Upon motion the documents were received, filed and approved. 18. Urban Revitalization Multi-Family Value Increase Requirements: City Manager rec- ommending approval of a resolution that approves a required 10% valuation increase for multi-family properties to be eligible for tax abatement under Iowa Code Chapter 404 Urban Revitalization. Upon motion the documents were received and filed, and Resolu- tion No. 78-19 Setting the required percent increase in actual value for multi-residential assessed property to qualify for urban revitalization was adopted. RESOLUTION NO. 78-19 SETTING THE REQUIRED PERCENT INCREASE IN ACTUAL VALUE FOR MULTI- RESIDENTIAL ASSESSED PROPERTY TO QUALIFY FOR URBAN REVITALIZATION Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities to abate property taxes for improvements made to properties in designated revitalization 12 areas for properties assessed as residential, multi-residential, agricultural, commercial, or industrial property within the designated area or a combination thereof; and Whereas, pursuant to the requirements of said Urban Revitalization Ac t, the following Urban Revitalization Areas were established: Upper Main, Jackson Park, Washington Neighborhood, West 11th Street, Upper Main, Cathedral, Old Main, and Kunkel & Asso- ciates, Lange Estates; and Whereas, multi-residential is a newer tax classification; and Whereas, Iowa Code §404.2 requires the City specify the percent increase in actual value requirements which shall be used and specify the application of revitalization’s ap- plicability to the different property classifications within Urban Revitalization Areas; and Whereas, the City has not previously specified the percent increase in actual value required for eligibility for urban revitalization for multi-residential assessed property; and Whereas, the City desires to set the percent increase in actual value required to qualify for urban revitalization for multi-residential assessed property; and Whereas, staff recommends a ten percent (10%) increase in the actual value will be required for multi-residential assessed property to qualify for urban revitalization. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The percent increase in actual value required for property assessed as multi - residential to qualify for urban revitalization is ten percent (10%). Passed, approved and adopted this 4th day of March, 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Request for Proposals - Four Mounds Park Ecological Restoration Project: City Manager recommending approval of the Request for Proposals for qualified consulting services for Phase 1 Permitting and Implementation of Ecological Restoration Plan and Interpretation Plans for Four Mounds Park. Upon motion the documents were received, filed and approved. 20. Dubuque County Historical Society Funding Request to Johanna Favrot Fund: City Manager recommending approval of a resolution authorizing the Dubuque County Histor- ical Society to apply for funding from the Johanna Favrot Fund of the National Trust for Historic Preservation for an Historic Structure Report for the Mathias Ham House. Upon motion the documents were received and filed, and Resolution No. 79-19 Approving Jo- hanna Favrot Grant application to the National Trust of Historic Preservation for Historic Structure Report of the Mathias Ham House was adopted. RESOLUTION NO. 79-19 APPROVING JOHANNA FAVROT GRANT APPLICATION TO THE NATIONAL TRUST OF HISTORIC PRESERVATION FOR HISTORIC STRUCTURE REPORT OF THE MA- THIAS HAM HOUSE Whereas, the National Trust for Historic Preservation via the Johanna Favrot Fund provides grant funding for projects that help to preserve, conserve, interpret, enhance, and educate the public about the nation’s historical assets. 13 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: The Dubuque County Historical Society is hereby authorized to submit the Johanna Favrot Fund grant application to the National Trust for Historic Preservation to conduct an historic structure report for the Mathias Ham House which is property owned by the City of Dubuque. Passed, approved and adopted this 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Additional Hours for Finance Part-Time Confidential Account Clerks: City Manager recommending approval of additional hours for the two part -time Confidential Account Clerks in the Finance Department. Upon motion the documents were received, filed and approved. 22. Legislative Correspondence Regarding Property T ax Rates: City Manager provid- ing a copy of a letter to State Legislators regarding property tax rates. Upon motion the documents were received and filed. 23. Legislative Correspondence - HSB100 and SSB1141 Land Use and Zoning: City Manager providing a copy of correspondence sent to State Legislators expressing oppo- sition to State preemption of local land use and zoning issues. Upon motion the docu- ments were received and filed. 24. Legislative Correspondence - HSB185 Net Metering on Solar Energy Systems: City Manager providing a copy of correspondence sent to State Legislators expressing opposition to the elimination of many benefits and incentives related to net metering on solar energy systems. Upon motion the documents were received and filed. 25. 2019 Federal Legislative Priorities: City Manager recommending adoption of the City of Dubuque 2019 Federal Legislative Priorities. Upon motion the documents were received, filed and approved. 26. Signed Contract(s): Dubuque Area Labor-Management Council Short-Term Lease in the Historic Federal Building. Upon motion the documents were received and filed. 27. 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. 80-19 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 Liquor, Beer and Wine Li censes and Permits was adopted. RESOLUTION NO. 80-19 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS 14 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 appli cants 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 T HE 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 Dubuque Mining Co. 555 J.F Kennedy Rd. #600 Class C Liquor (Outdoor) (Sunday) Hartig Drug Company #8 1600 University Ave. Class E Liquor, Class B Wine, Class C Beer (Sun- day) Hops & Rye 1108 Locust St. Class C Liquor (Outdoor) (Sunday) The Clubhouse 2364 Washington St. Class C Liquor New Easy Street 30 Main St. Class C Liquor (Outdoor) (Sunday) Gold Standard Athletics 555 J.F. Kennedy Rd. #415 Class B Beer Passed, approved, and adopted this 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING 1. 2019 Decorative Concrete Maintenance Project Initiate: City Manager recommend- ing initiation of the public bidding procedure for the 2019 Decorative Concrete Mainte- nance Project, and further recommends that a public hearing be set for March 18, 2019. Upon motion the documents were received and filed, and Resolution No. 81-19 Prelimi- nary approval of plans, specifications, form of contract, and estimated cots; setting date of public hearing on plans, specifications, form of con tract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on March 18, 2019 in the Historic Federal Building. RESOLUTION NO. 81-19 2019 DECORATIVE CONCRETE MAINTENANCE PROJECT 15 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The proposed plans, specifications, form of contract and estimated cost for the 2019 Decorative Concrete Maintenance Project in the estimated amount $165,000.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 18th day of March, 2019, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6 th Street, Dubu- que, 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 i n 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, fo rm of contract, or estimated cost of the Project. Section 3. The 2019 Decorative Concrete Maintenance Project is hereby ordered to be advertised for bids for construction. Section 4. 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. Section 5. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be published not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 21 st day of March, 2019. 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 1st day of April 2019, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this the 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Seippel Road Water Main Relocation Project Landfill Access Frontage Road Initiate : City Manager recommending initiation of the public bidding procedure for the Seippel Road Water Main Relocation Project, and requests the City Council grant preliminary approval of the construction plans and specifications, and establish March 18, 2019 as the date of the public hearing. Upon motion the documents were received and filed, and Resolution No. 82-19 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on March 18, 2019 in the Historic Federal Building. 16 RESOLUTION NO. 82-19 SEIPPEL ROAD WATER MAIN RELOCATION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section1. The proposed plans, specifications, form of contract and estimated cost for the Seippel Road Water Main Relocation Project in the estimated amount $113,432.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 18th day of March, 2019, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6 th Street, Dubu- que, 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 i n 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, fo rm of contract, or estimated cost of the Project. Section 3. The Seippel Road Water Main Relocation Project is hereby ordered to be advertised for bids for construction. Section 4. 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. Section 5. The City Engineer is hereby directed to advertise for bids for the construction of the improvements herein provided, by publishing the attached Notice to Bidders to be published in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be published not less than t hirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 21 st day of March, 2019. 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 1st day of April 2019, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this the 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards and Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 17 1. Community Development Advisory Commission: One, 3-Year term through Febru- ary 15, 2020 (Vacant term of James). Applicant: Ellen Pinnola, 1420 Glen Oak St. M.s Pinnola spoke in support of her appointment and provided a brief biography. 2. Long-Range Planning Advisory Commission: One, 3-Year term through July 1, 2020 (Vacant term of James). One, 3-Year term through July 1, 2021 (Vacant term of Darter). Applicants: Michael Peroski, 1935 Coates St.; Tyler Stoffel, 960 Boyer St. Mr. Peroski and Mr. Stoffel spoke in support of their respective appointments and provided brief biog- raphies. 3. Mechanical and Plumbing Code Board: One, 3-Year term through March 16, 22 (Expiring term of Hillary). Applicant: Daniel Hillary, 3087 Arbor Oaks Dr. PUBLIC HEARINGS 1. Residential Parking Permit District H Amendment - Norland Drive: Proof of publica- tion on notice of public hearing to consid er approval of an ordinance amending Parking Permit District H to include both sides of Norland Drive from Keymont Drive to Keystone Drive with current day/time parking restrictions being assumed for this addition, and the City Manager recommending approval. Motion by Larson to receive and file the docu- ments and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Patricia Meyer, 1860 Norland Dr.; Connie Klein, 1861 Norland Dr.; and Ron Axtell, 1895 Norland Dr. spoke in support of the amendment. Re- sponding to questions from City Council, City Engineer Gus Psihoyos provide a history of the residential parking districts, how staff evaluated the street, and the issues with student parking from area schools adjacent to neighborhoods. City Council suggested that staff have discussion with Dubuque Community Schools to partner for a solution. Motion car- ried 7-0. Motion by Larson for final consideration and passage of Ordinance No. 11-19 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residen- tial Parking Permit District H. Seconded by Shaw. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 11-19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 9-14-321.740 RESIDENTIAL PARKING PERMIT DIS- TRICT H NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.740 of the City of Dubuque Code of Ordinance is hereby amended to read as follows: 9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT H: 18 A. The following described area constitutes a residential parking permit district desig- nated as residential parking permit district H: Hansel Drive, between Keystone Drive and Keymont Drive. Keymont Drive from Key Way Drive to its westerly terminus. Phyllrich Drive from Keystone Drive to Keymont Drive. Vizaleea Drive from Pennsylvania Avenue to Keystone Drive. Keystone Drive from Phyllrich to its westerly terminus. Norland Drive, both sides, from Keymont Drive to Keystone Drive. B. No vehicles shall park curbside in Residential Parking Permit District H during the hours of seven o'clock (7:00) a.m. to three o'clock (3:00) p.m., on school days only, with- out displaying a valid parking permit issued by the City. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 4th day of March 2019. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of March 2019. /s/Kevin S. Firnstahl, City Clerk 2. Residential Parking Permit District H Amendment - Sharon Drive: Proof of publica- tion on notice of public hearing to consider approval of an ordinance amending Parking Permit District H to include both sides of Sharon Drive from Pennsylvania Avenue to Key Corners with current day/time parking restrictions being assumed for this addition, and the City Manager recommending approval. Motion by Larson to receive and file the doc- uments 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. Robert Bott, 1718 Sharon Dr. spoke in support of the amendment and suggested the school district consider student carpooling. Motion carried 7-0. Motion by Larson for final consideration and passage of Ordinance No. 12-19 Amend- ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residen- tial Parking Permit District H. Seconded by Del Toro. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 12-19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 9-14-321.740 RESIDENTIAL PARKING PERMIT DIS- TRICT H NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-14-321.740 of the City of Dubuque Code of Ordinance is hereby amended to read as follows: 9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT H: A. The following described area constitutes a residential parking permit district desig- nated as residential parking permit district H: 19 Hansel Drive, between Keystone Drive and Keymont Drive. Keymont Drive from Key Way Drive to its westerly terminus. Phyllrich Drive from Keystone Drive to Keymont Drive. Vizaleea Drive from Pennsylvania Avenue to Keystone Drive. Keystone Drive from Phyllrich to its westerly terminus. Sharon Drive, both sides, from Pennsylvania Avenue to Key Corners. B. No vehicles shall park curbside in Residential Parking Permit District H during the hours of seven o'clock (7:00) a.m. to three o'clock (3:00) p.m., on school days only, with- out displaying a valid parking permit issued by the City. Section 2. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 4th day of March 2019. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of March 2019. /s/Kevin S. Firnstahl, City Clerk 3. N. Cascade Road Reconstruction Project Right-of-Way Property Acquisition: Proof of publication on notice of public hearing to consider approval of a resolution which es- tablishes and sets the Just Compensation Valuation (Fair Market Value) for each identi- fied property to be acquired or condemned based on the certified Acquisition Appraisal and Review Appraisal reports, and the City Manager recomme nding approval. Motion by Resnick to receive and file the documents and adopt Resolution No. 83-19 Establishing the fair market value of real property for the North Cascade Road Reconstruction Project, directing good-faith negotiations for the acquisition of property and authorizing the com- mencement of eminent domain proceedings, if necessary, to acquire the property . Se- conded by Jones. Motion carried 7-0. RESOLUTION NO. 83-19 ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE NORTH CASCADE ROAD RECONSTRUCTION PROJECT, DIRECTING GOOD FAITH NEGO- TIATIONS FOR THE ACQUISITION OF PROPERTY AND AUTHORIZING THE COM- MENCEMENT OF EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, TO AC- QUIRE PROPERTY Whereas, the City of Dubuque (City) has caused to be made appraisals of the proper- ties described below for the North Cascade Road Reconstruction Project, between the bridge over Catfish Creek to Edval Lane, and the Just Compensation Valuation (Fair Mar- ket Value) for the properties are listed below; and Whereas, the legal description of each of the properties to be acquired, the owners and the Just Compensation Valuation (Fair Market Value) of each of the properties is listed below; and Whereas, the City Council has conducted a public hearing on the approval of the final location and alignment of the North Cascade Road Reconstruction Project, approved the project and the acquisition of all or a part of the property listed below for the North Cas- cade Road Reconstruction Project: 20 Parcel Property Owner Name Land Type / Use Fee Title (Acres) Perm Ease- ment (Acres) Temp Easement (Acres) Just Compen- sation Value 1 Howard & Sandra Arensdorf as described per Exhibit A Residential 0.576 0.204 0.145 $ 10,000 2 Howard & Sandra Arensdorf Jeffery Arensdorf as described per Exhibit B Agricultural 0.627 0 0.253 $ 13,000 5 Gary Valentine as described per Exhibit C Agricultural 1.096 0 0.054 $ 18,000 10, 11 John & Karla Steger Heyo & Camilla Tjarks as described per Exhibit D Agricultural 1.943 0 0.538 $ 40,000 and; Whereas, Iowa law requires that the City make a good faith effort to negotiate with the owners regarding the purchase before proceeding with condemnation; and Whereas, the City may not make an offer to purchase a property which is less than the Just Compensation Valuation (Fair Market Value) established for the property; and Whereas, the City Council now desires to establish the Just Compensation Valuation (Fair Market Value) for each of the properties; and Whereas, the City wishes to acquire the properties listed for the North Cascade Road Reconstruction Project by good faith negotiation or eminent domain proceedings, if nec- essary. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The Just Compensation Valuation (Fair Market Value) of each of the prop- erties listed above is hereby established to be the amount of its appraised value as listed above. Section 2. The City Manager is directed to enter into good faith negotiations for the acquisition for each of the above propert ies, and, if necessary, commence eminent do- main proceedings to acquire the properties. Passed, approved and adopted this 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Marquette Place Sanitary Sewer and Water Main Reconstruction Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost for the Marquette Place Sanitary Sewer and Water Main Reconstruction Project and the City Manager recommending approval. Motion by Shaw to receive and file the documents and adopt Resolution No. 84-19 Approval of plans, specifications, form of contract, and estimated cost for the Marquette Place Sani- tary Sewer and Water Main Reconstruction Project. Seconded by Del Toro. Motion car- ried 7-0. RESOLUTION NO. 84-19 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE MARQUETTE PLACE SANITARY SEWER AND WATER MAIN RECONSTRUCTION PROJECT 21 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 Marquette Place Sanitary Sewer and Water Main Reconstruction Project, in the estimated amount $312,178.90, are hereby approved. Passed, adopted and approved this the 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Water Distribution System Pressure Zone 2 Improvements: Roosevelt Street 1.25 MG Elevated Water Tower Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost of $5,227,672 for the Water Distribution System Pressure Zone 2 Improvements: Roosevelt Street 1.25 MG Elevated Water Tower Project, and the City Manager recommending ap- proval. Motion by Jones to receive and file the documents and adopt Resolution No. 85- 19 Approval of plans, specifications, form of contract, and estimated cost for the Water Distribution System Pressure Zone 2: Roosevelt Street 1.25 MG Elevated Water Tower Project Contracts A and B. Seconded by Larson. Motion carried 7-0. RESOLUTION NO. 85-19 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE WATER DISTRIBUTION SYSTEM PRESSURE ZONE 2: ROOSEVELT STREET 1.25 MG ELEVATED WATER TOWER PROJECT CON- TRACTS A AND B 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 Water Distribution System Pressure Zone 2 Improvements: Roosevelt Street 1.25 MG Elevated Water Tower Project, identified as Contract A: Roosevelt Street Water Tower and Water Distribution Improvements in the estimated amount of $2,900,000; and Con- tract B: Eagle Point Water Treatment Plant and Water Distribution Improvements, in the estimated amount of $1,026,000, for a total combined project amount of $3,926,000, are hereby approved. Passed, adopted and approved this 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Eric Schulz, 1045 W. 3rd Street, spoke in opposition of the additional housing inspector position requested in the upcoming FY20 budget recommendation and provided a handout of data to the Council. Joe Zuccaro, 1765 Plymouth Ct., spoke about the Five Flags Civic Center Study, ques- tioning the need for a second study and requesting the issue be put on the November ballot. Mr. Zuccaro also questioned whether a staff member could facilitate the poverty 22 study requested in the upcoming FY20 budget recommendation thereby saving the City the cost of the consultant. Nino Erba, 1505 Fairview Pl., questioned the need for and purpose behind the famers’ market permit recommended on the forthcoming Action Agenda and concurred with Mr. Schulz on the additional housing inspector position. ACTION ITEMS 1. Five Flags Civic Center Activities Report and Presentation: HR Cook, SMG General Manager, shared an update on the Five Flags Civic Center activities and events, as well as highlight some festivities to celebrate the upcoming 40th anniversary of Five Flags. Motion by Shaw to receive and file the information. Seconded by Del Toro. Topics in- cluded: gross ticket sales, attendance and event days statistics; operations review; food and beverage financials; FY19 events; new promoters ; venue partners and promoters; ticket buyers’ demographics; website statistics; media relations; upcoming events. Mr. Cook responded to questions from the City Council regarding the breakdown of proceeds and artist’s control, customer spending patterns and the impact of the economy on at- tendance. Motion carried 7-0. 2. Dubuque Initiatives Report: Dubuque Initiatives Board President Doug Horstmann reviewed sections of the Dubuque Initiatives Board activities in calendar year 2018. Mo- tion by Resnick to Receive and file the information. Seconded by Larson. Responding to questions from the City Council, Mr. Horstmann stated that Dubuque Initiatives is a pri- vate, not-for-profit entity that acts as a catalyst to support the City and other entities with economic development opportunities. Motion carried 7-0. 3. Awarding the Catfish Creek Emergency Stream Bank Repair Project: City Manager recommending award of the construction contract for the Catfish Creek Emergen cy Stream Bank Repair Project to the low bidder Legacy Corporation. Motion by Jones to receive and file the documents and adopt Resolution No. 86-19 Awarding public improve- ment contract for the South Fork of the Catfish Creek Sanitary Interceptor Sewer Stream Bank Emergency Repair Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 86-19 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SOUTH FORK OF THE CATFISH CREEK SANITARY INTERCEPTOR SEWER STREAM BANK EMERGENCY REPAIR PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Whereas, sealed proposals have been submitted by contractors for the South Fork of the Catfish Creek Sanitary Interceptor Sewer, Stream Bank Emergency Repair Project, (the Project) pursuant to Resolution No. 40-19 and Notice to Bidders published on the City of Dubuque, Iowa website on the 12th day of February 2019. Whereas, said sealed proposals were opened and read on the 21 st day of February 2019 and it has been determined that Legacy Corporat ion of East Moline, IL, for Alternate 23 Bid No. 1 in the amount of $100,485.00, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Legacy Cor- poration and the City Manager is hereby directed to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Awarding the 22nd Street/Kaufmann Avenue Storm Sewer Improvement Project from White to Kleine Streets: City Manager recommending award of the 22nd Street/Kaufmann Avenue Storm Sewer Improvements Project construction contract for Option A (White Street to Kleine Street) to the low bidder Portzen Construction . Motion by Larson to re- ceive and file the documents and adopt Resolution No. 87-19 Awarding public improve- ment contract for the 22nd Street / Kaufmann Avenue Storm Sewer Improvements Project (White Street to Kleine Street). Seconded by Del Toro. Responding to questions from the City Council, Civil Engineer Jon Dienst described the mandatory eight -week phased pro- ject and the efforts the City is doing to info rm residents of the changes in traffic patterns during construction. City Manager Van Milligen stated that a public open house about the project will be conducted from 2-6 p.m. on Tuesday, March 19, 2019 at the Jule Opera- tions and Training Center, 929 Kerper Blvd. Motion carried 7-0. RESOLUTION NO. 87-19 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 22ND STREET / KAUF- MANN AVENUE STORM SEWER IMPROVEMENTS PROJECT (WHITE STREET TO KLEINE STREET) Whereas, sealed proposals have been submitted by contractors for the 22nd Street/Kaufmann Avenue Storm Sewer Improvements Project (White Street to Kleine Street), (the Project) pursuant to Resolution No. 65 -19 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 25th day of January 2019. Whereas, said sealed proposals were opened and read on the 26 th day of February 2019 and it has been determined that Portzen Construction of Dubuque, IA, with a bid in the amount of $2,349,054.47 is the lowest respon sive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Portzen Con- struction and the City Manager is hereby directed to execute a Public Improvement Con- tract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 4th day of March 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24 5. Code of Ordinances Amendment - Title 4 Farmers' Markets: City Manager recom- mending approval of the creation of a Farmers’ Market Permit and an amendment to the Farmers’ Market Ordinance. 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. Se- conded by Resnick. Responding to questions from the City Council, Assistant City Man- ager Cori Burback stated that this will replaced the indivi dual vendor fees previously re- quired due to changes at the State level regarding farmer’s markets. City Attorney Brum- well added that while the City has liability coverage, proof of insurance is required from the market organizers. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 13-19 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 4 Central Market. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 13-19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 4 CENTRAL MARKET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 4, Chapter 4 of the City of Dubuque Code of Ordinances is amended to read as follows: CHAPTER 4 CENTRAL MARKET AND OTHER FARMERS’ MARKETS 4-4-1: MARKET AREAS DELINEATED: A. Central Market Area: The property of the city adjacent to the city hall, together with such parts of the streets and sidewalks located within the area bounded by the south side of Tenth Street, the north side of Thirteenth Street, the west side of Cen- tral Avenue and the east side of Main Street, and such distances on Iowa Street between Thirteenth and Fourteenth Streets on both sides thereof as may be neces- sary for three (3) standard auto parking stalls, will constitute and be known as the Central Market. B. Other areas will be delineated as farmers’ markets and a map of such areas will be filed with the offices of the City Manager, the City Clerk, the Health Services Department, and the Planning Services Department if the applications for such mar- kets and subsequently the markets themselves comply with the rules and regula- tions for a farmers’ market set forth in the City’s farmers’ market permit application, the City of Dubuque Code of Ordinances, and any other applicable local, state, and federal laws. 4-4-2: FARMERS' MARKET; DISPLAY OF MERCHANDISE: The Central Market and any other designated farmers’ markets that obtain and comply with the City’s farmers’ market permit application will be a "farmers' market" as provided for in the Iowa adminis- trative code and will be subject to the rules relating thereto. Inspections may be conducted by the city manager who is under contract with the state department of inspections and appeals. Subject to such regulation and the limitations and prohibitions set forth herein- after, any person, firm or corporation may display, offer for sale or sell on the streets or 25 sidewalks of the Central Market or another farmers’ market, flowers, plants, arts, crafts or food items which have been raised, produced, procured or crafted by the local vendor and which are displayed and sold at a stall for which a permit has been issued as provided for in this chapter. 4-4-3: MARKET STALLS ESTABLISHED; ISSUANCE OF PERMITS: A. Spaces For Stalls Established; Fees: The city manager is authorized to estab- lish spaces for stalls in the Central Market or other designated farmers’ markets as may be necessary and to issue permits for the use of such stalls. The fees for such permits shall be established by the city manager. B. Use Of Metered Parking Spaces: When a permit holder uses a metered parking space on days other than authorized by the holder's permit, the permit h older shall comply with the parking meter requirements of this code. 4-4-4: RESTRICTED PARKING IN CENTRAL MARKET AND OTHER DESIGNATED FARMERS’ MARKETS: When stalls in the Central Market and other farmers’ markets have been established by the city manager and signs are erected giving notice thereof, no person shall park a vehicle in such stall between the hours of six o'clock (6:00) A.M. and twelve o'clock (12:00) noon on Saturdays in the months of May through October unless the vehicle has on display a perm it as described in this chapter. 4-4-5: DISPLAY PERMIT RESTRICTED TO CENTRAL MARKET AREA OR OTHER FARMERS’ MARKET: A market stall permit authorizes a person to display foods or crafts only in the Central Market or other designated farmers’ markets as provided in this chap- ter and as specified on the market stall permit. Market stall permits are market specific and only allow a permit holder to display foods or crafts in the market expressly stated on the stall permit. 4-4-6: REVOCATION OF PERMIT: In any case where it is found that items displayed, offered for sale or sold have not been raised, produced, procured or crafted by the local vendor, or have been processed, manufactured or crafted by the local vendor in violation of any city ordinance or permit agreement, the permit may be revoked by the city man- ager. 4-4-7: MARKET MASTER DESIGNATED; DUTIES GENERALLY: The city manager shall establish and carry out such procedures, policies and rules relating to the Central Market or other designated farmers’ markets and their operations as are necessary to provide for acceptable sanitation and to protect the public health, safety and welfare. 4-4-8: TRAFFIC REGULATIONS: The city manager shall restrict or regulate the side- walk and street traffic in the area of the Central Market or other designated farmers’ mar- kets as may be necessary to protect the public health, safety and welfare. 4-4-9: INSPECTION; CONFISCATION OF FOOD UNFIT FOR CONSUMPTION: All food or food products displayed, sold or offered for sale at the Central Market and other designated farmers’ markets shall be subject to inspection by the city manager. If any food or food product is found to be unfit for human consumption, the city manager shall confiscate and destroy the f ood, and the person displaying, offering for sale or selling such food shall be guilty of a misdemeanor. 4-4-10: WEIGHTS AND MEASURES: The weights and measures approved, standard- ized and adopted by the state department of agriculture shall be the standard weights and measures used for the sale of all merchandise required to be sold by weight or other measure at the Central Market and other farmers’ markets. All sales by weight shall be 26 by avoirdupois weight, and all sales of commodities by measure shall be by standard volume containers, specifically, pint, quart, peck or bushel. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the 4th day of March 2019. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of March 2019. /s/Kevin S Firnstahl, City Clerk 6. Request for Work Session - Project HOPE Quarterly Update: City Manager recom- mending that the City Council schedule a work session for a Project HOPE Quarterly Update for March 18, 2019 at 5:30 p.m., in the City Council Chambers. Motion by Resnick to receive and file the documents and set the work session as recommended. Seconded by Larson. Council Member Del Toro expressed a conflict but would review information after the fact. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Larson requested consensus from the Council on pursuing a city-wide declaration for a $10-per-hour minimum wage. At which time, Council Member Shaw asked about the process for getting such an issue heard such as during a budget hearing. Mayor Buol clarified that the Council Member Reports agenda section is a way for Council Members to share personal or professional information or matters of community interest and is not for requesting agenda items for Council discussion. It was agreed that Ms . Larson’s request was best discussed at the annual City Council goal setting session scheduled for August 12-14, 2019. There being no further business, upon motion the City Council adjourned at 7:46 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk