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5 6 19 City Council Proceedings Official_Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on May 6, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Jones, Larson, Resnick, Rios (joined at 5:49), Shaw; City Manager Van Milligen, City Attorney Brumwell Absent: Council Member Del Toro Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Sustainable Dubuque Quarterly Re- port. WORK SESSION Sustainable Dubuque Quarterly Report Sustainability Coordinator Gina Bell provided a slide presentation highlighting the fol- lowing topics from the Sustainable Dubuque Quarterly Report: 1. 50% by 2020 Greenhouse Gas Reduction Plan a. Defining greenhouse gas; b. Greenhouse gas inventory; c. Definition of what 50% by 2020 means and how can it be used; d. Opportunities, process and partnerships for achieving reduction; • Waste, energy, transportation, buildings, and miscellaneous; e. Climate Action Plan, inventory, update and recommendations ; Ms. Bell responded to questions from the City Council following the presentation. There being no further business, upon motion the City Council adjourned at 5:50 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on May 6, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Jones, Larson, Resnick, Rios, Shaw; City Man- ager Van Milligen, City Attorney Brumwell Absent: Council Member Del Toro 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 SWEARING IN 1. Mayor Buol administered the Oath of Office to Mayor Pro-Tem Jake Rios. PRESENTATION(S) 1. Multicultural Family Center AmeriCorps Award: AmeriCorps Director Heather Slat- terly presented the Champion of Service Award to the Multicultural Family Center re- ceived by MFC Director Jackie Hunter. 2. Tree City USA 2018 Award: Park Division Manager Steve Fehsal presented the 2018 Tree City USA award received by the City of Dubuque Leisure Services Department from the Arbor Day Foundation and the Iowa Department of Natural Resources. Dubuque Trees Forever members Laura Roussell, Hobie W ood, Terry Leibold; and City Arborist Tom Kramer. PROCLAMATION(S) 1. Bike to Work & School Days/Week (May 7 & 8, 13-19, 2019) was accepted by Trans- portation Manager Renee Tyler. 2. Kids to Parks Day (May 18, 2019) was accepted by Leisure Services Manager Marie Ware. 3. Dubuque Salvation Army Week (May 12-18, 2019) was accepted by Captain Mat- thew Phelps. 3 4. Community Action Agency Month (May 2019) was accepted by Operation New View Director John Wilson. 5. Historic Preservation Month (May 2019) was accepted by Historic Preservation Commission Chairperson, Emily Hilgendorf. 6. Mental Health Month (May 2019) was accepted by Mayor Roy Buol and presented after the meeting to Sue Whitty, President, Mental Health America of Dubuque County. 7. Play Ball Summer (June-August 2019): was accepted by Mayor Roy D. Buol on behalf of the U.S. Conference of Mayors. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Shaw. Council Member Resnick requested #16 be held for separate discussion. Motion carried 6-0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/23; Cable TV Commission of 5/1; City Council Proceedings of 4/15, 4/29; Civil Service Commission Minutes of 3/7, 4/18; Historic Preservation Commission of 4/18; Historic Preservation Fair Committee of 4/18; Housing Commission of 3/26; Human Rights Com- mission of 3/11; Investment Oversight Advisory Commission of 4/24; Library Board of Trustees Council Update #182 of 4/25; Long Range Planning Advisory Commission of 4/17; Proof of publication for City Council Proceedings of 4/1; Proof of publication for List of Claims and Summary of Revenues for Month Ending 3/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Konstantine Batonisashrili for vehicle damage; Nick Hermsen for vehicle damage; Kassandra Jacobs for vehicle damage; Carol McDonald for property damage, Aiman Al-Qady vs. City of Dubuque Housing Board of Appeals. 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 Commun ities As- surance Pool: Konstantine Batonisashrili for vehicle damage, Nick Hermsen for vehicle damage, Kassandra Jacobs for vehicle damage, Carol McDonald for 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. 148-19 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. 148-19 4 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 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Dollars & Cents Public Information Brochure: City Manager providing a copy of the current Dollars & Cents public information brochure. Upon motion the document was re- ceived and filed. 6. Quarterly Investment Report for March 31, 2019 : City Manager transmitting the March 31, 2019 Quarterly Investment Report. Upon motion the documents were received and filed. 7. Community Foundation of Greater Dubuque 2018 Annual Report: City Manager providing a copy of the 2018 Annual Report for the Community Foundation of Greater Dubuque. Upon motion the document was received and filed. 8. Letter to Legislators - Iowa Property Tax System HF773: City Manager providing a copy of correspondence to Legislators in opposition to HF773 regarding amendments to the Iowa property tax system. Upon motion the document was received and filed. 5 9. City of Dubuque Letter in Opposition to the National Park Service's NPS -2019-0001 NRHP Rulemaking related to changes in the National Register of Historic Places Nomi- nation Process: Mayor Buol providing a copy of his letter to the National Parks Service Cultural Resources Partnerships and Science & Keeper of the National Register of His- toric Places in opposition to the proposed rule changes to the National Register of Historic Places Nomination as described in docket NPS -2019- 0001: 84 FR 6996-7005. Upon motion the documents were received and filed. 10. Greater Dubuque Development Board of Directors: City Clerk submitting corre- spondence with Greater Dubuque Development Corporation (GDDC) confirming appoint- ments to GDDC's Board of Directors for terms beginning July 1, 2019. Upon motion the documents were received and filed. 11. AmeriCorps Partners in Learning Grant Application 2019-2020: City Manager rec- ommending approval of the 2019-2020 AmeriCorps Partners in Learning Healthy Futures Grant application to the Iowa Commission on Volunteer Service, and now submitted to the Corporation for National and Community Service. Upon motion the documents were received, filed and approved. 12. Jule Transit College and University Partnership Contracts: City Manager recom- mending approval of contracts for the College/University Transit Partnership with Clarke University, Loras College and the University of Dubuque for the 2019 -2020 school year. Upon motion the documents were received, filed and approved. 13. Certificate of Completion for Flexsteel Industries, Inc. 385 Bell Street Property: City Manager recommending approval of a Certificate of Completion for the Flexsteel Indus- tries, Inc. property located at 385 Bell Street. Upon motion the documents were received and filed, and Resolution No. 149-19 Approving a Certificate of Completion to Flexsteel Industries, Inc., for the development of 385 Bell Street was adopted. RESOLUTION NO. 149-19 APPROVING A CERTIFICATE OF COMPLETION TO FLEXSTEEL INDUSTRIES, INC. FOR THE DEVELOPMENT OF 385 BELL STREET Whereas, the City Council, by Resolution No. 139 -11, dated April 18, 2011, approved a Development Agreement (Agreement) with Flexsteel Industries, Inc. (Developer) for the development of 385 Bell Street in the City of Dubuque, Iowa (Property); and Whereas, Section 10.4 of the Agreement obligated the City to provide a Certificate of Completion at the request of the Developer upon completion of the Minimum Improve- ments; and Whereas, City staff have determined that the Minimum Improvements are complete according to the terms and conditions set forth in the Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Certificate of Completion for the Minimum Improvements at 385 Bell Street, a copy of which is attached hereto, is hereby approved. 6 Section 2. That the Mayor is hereby authorized and directed to execute the Certificate of Completion on behalf of the City of Dubuque and the City Clerk is authorized and di- rected to attest to his signature. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Consultant Selection for Four Mounds Park Ecological Restoration : City Manager recommending approval of the selection of Applied Ecological Services, Inc. as the con- sultant for Four Mounds Park Ecological Restoration Project. Upon motion the documents were received, filed and approved. 15. Request for Proposals for Replacement Buses : City Manager recommending ap- proval of the release of a Request for Proposals for nine replacement buses for The Jule. Upon motion the documents were received, filed and approved. 16. Request for Proposals - Climate Action Plan Consultant: City Manager recom- mending approval of the release of a Request for Proposals for a consultant with expertise in facilitating and developing climate action plans with inclusive community engagement to update the City of Dubuque’s Climate Action Plan. Motion by Resnick to receive and file the documents and approve the recommendation. Seconded by Jones. Responding to questions from Mr. Resnick, Sustainability Coordinator Gina Bell stated that other cities’ practices were researched with regard to constructing the RFP and budgeting adding that partnering with other communities is a possibility. Motion carried 6-0. 17. 2018-2019 Snow Removal Assessments from Public Right-of-Way: City Manager recommending the establishment of the final assessments for the 2018 -2019 Snow Re- moval from City Right-of-Way. Upon motion the documents were received and filed, and Resolution No. 150-19 Adopting the Final Assessment Schedule for the 2018 -2019 Snow Removal Assessment – Right-of-Way Obstruction Removal Assessment Project was adopted. RESOLUTION NO. 150-19 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2018-2019 SNOW RE- MOVAL ASSESSMENT – RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESS- MENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attach ed sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Snow Removal Assess- ment – Right-of-Way Obstruction Removal Assessment Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditionally against the respective properties benefited by the improvements as shown in the Final 7 Schedule of Assessments, subject to the provisions of Iowa Code § 364.12. Said assess- ments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifica- tion once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date of filing of the Final Schedule of Assessments. On or before the date of the second publica- tion of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments are payable at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa in the same manner as property taxes as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sunday, that amount shall be delinquent from the second business day of October. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk CITY OF DUBUQUE, IOWA SCHEDULE OF FINAL ASSESSMENTS 2017-2018 SIDEWALK SHOVELING ASSESSMENTS DATE: MAY 10, 2019 The following schedule is hereby determined to show each lot proposed to be as- sessed for the improvement shown in the title together with the amount proposed to be assessed against each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of such lots by the City Council of the City of Dubuque. Property Owner Name; Lot Description; Parcel Number; Mailing Address; City/State/Zip; Street Address; Valuation with Improvement; Sidewalk Assessment; Administrative Fee; Total Net Assessment Nottingham Properties LLC; Lot 2-1-1 of City Lot 667; 1024338008; 485 Locust St.; Dubuque IA 52001; 1461 Bluff St.; $40,910; $52.00; $25.00; $77.00 Brooklynn Enterprises, LLC; E 107'-N 3' of Lot 1A & E 100' of Lot 1-1 & E 100'-2-1 all in Cooley’s Sub; 1024329039; 2901 1/2 Muscatine St.; Dubuque IA 52001; 1491 Bluff St.; $136,730; $52.00; $25.00; $77.00 Aaron M. & Sara J. Young; Lot 1 of S 50' of 1-2-2 of City Lot 678 & Lot 1-2-2-2 of City Lot 678 (1803 & 1805 Madison St.);1024180024;910 Valentine Dr.; Dubuque IA 52003;1805 Madison St.; $100,040; $133.50; $25.00; $158.50 Novelty Iron Landlord LLC; Unit #1 Novelty Iron Works Condominiums Located on Lot 1-1 Center City Place #2;1024480032;333 E 10th St; Dubuque IA 52001; 333 E 10th St.; $3,686,940; $222.00; $25.00; $247.00 Red Owl Investments, LLC; Lot 1-1 Bowens Sub; 1024179005;656 Lowell St.; Dubu- que IA 52001; 450 W Locust St.; $45,880; $126.50; $25.00; $151.50 8 18. Approval of Plat of Survey for Steeple Square, LLC Block Redevelopment : City Manager recommending approval of the Plat of Survey (Vacation) of City Lot 484-A, which will be vacated to SS Event Center LLC (Steeple Square) as part of their redevel- opment of the entire block. Upon motion the documents were received and filed, and Resolution No. 151-19 Approving Plat of Proposed Vacated Right-of-Way of the alley between Jackson St. and White St. from E. 16th St. to E. 15th St. described as City Lot 484-A, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 151-19 APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF THE ALLEY BE- TWEEN JACKSON ST. AND WHITE ST., FROM E. SIXTEENTH ST. TO E. FIFTEENTH ST., DESCRIBED AS CITY LOT 484-A, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a vacation plat dated February 5, 2019 prepared by Buesing and Associates, Inc., show- ing the Alley between Jackson St. and White St., from E. Sixteenth St. to E. Fifteenth St., described as City Lot 484-A, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the vacation plat dated February 5, 2019 prepared by the Buesing and Associates, Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. 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 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Upper Bee Branch Creek Restoration Railroad Culvert Crossing Project Engineer- ing Services: City Manager recommending approval of Task Order 19 -02 for Strand As- sociates to provide engineering services during construction of the Bee Branch Railroad Culverts Project. Upon motion the documents were received, filed and approved. 20. Economic Development Administration (EDA) Grant Agreement for Bee Branch Creek Culvert Inlet Structure (Flood Gates) and Stormwater Pumping Station: City Man- ager recommending approval to enter into a Financial Assistance Award agreement with the U.S. Economic Development Administration to secure grant funding for the 16th Street Detention Basin Flood Gates Project, otherwise known as the Bee Branch Flood Mitigation Gate & Pump Replacement Project. Upon motion the documents were received and filed, and Resolution No. 152-19 Approving a U.S. Economic Development Admin- istration Disaster Relief Opportunity Grant and pledging the local match in the amount of $6,635,000 from State Sales Tax Increment or Stormwater Utility Funds for construction of a new Culvert Inlet Structure and Stormwater Pumping Station at the 16th Street De- tention Basin was adopted. 9 RESOLUTION NO. 152-19 APPROVING A US ECONOMIC DEVELOPMENT ADMINISTRATION DISASTER RE- LIEF OPPORTUNITY GRANT AND PLEDGING THE LOCAL MATCH IN THE AMOUNT OF $6,635,000 FROM STATE SALES TAX INCREMENT OR STORMWATER UTILITY FUNDS FOR CONSTRUCTION OF A NEW CULVERT INLET STRUCTURE AND STORMWATER PUMPING STATION AT THE 16TH STREET DETENTION BASIN Whereas, the City Council of the City of Dubuque, Iowa wishes to apply through the Economic Development Administration (EDA), U.S. Department of Commerce for a FY2018 Disaster Relief Opportunity grant for upgrades to the 16th Street Detention Basin Culvert Inlet Structure and Stormwater Pumping Station, and Whereas, the City Council, passed Resolution 368 -18 in support of the grant applica- tion for $4,000,000 in EDA grant funding and pledged $5,135,000 in local matching funds for the 16th Street Detention Basin Culvert Inlet Structure and Stormwater Pumping Sta- tion Project (Project); and WHEREAS, the City has been awarded $2,500,000.00 in EDA grant funding; and WHEREAS, the EDA has provided a Financial Assistance Award agreement (Agree- ment) outlining the terms of the City’s use of the grant funding; and Whereas, the Agreement outlines that the City’s share of the Project is $6,635,000.00; and Whereas, the City intends to use a combination of state sales tax increm ent and local stormwater utility fee proceeds to cover the City’s share of the Project cost; and Whereas, it is in the City’s best interest to enter into the Agreement in order for the City to receive the $2,500,000.00 in EDA grant funding for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Amends Resolution 368-18, Section 3 by replacing “pledges the amount of $5,135,000 from GO Bonds or a State Revolving Fund loan” with “pledges the amount of $6,635,000 from state sales tax increment or local stormwater utility fee proceeds...” Section 2. The Mayor is hereby authorized to sign the Financial Assistance Award agreement with the Economic Development Administration securing $2,500,000.00 in Economic Development Administration grant funding for the 16th Street Detention Basin Flood Gates (a.k.a. Bee Branch Flood Mitigation Gate & Pump Replacement Project). Section 3. The City Manager is hereby authorized to act as an authorized representa- tive on the Economic Development Administration Financial Assistance Award agree- ment and may execute any documents required by the agreement as the Economic De- velopment Administration may reasonably request. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Award of the 2019 Asphalt Overlay Access Ramp Project One : City Manager rec- ommending that the award for the 2019 Asphalt Overlay Access Ramp Project One to Drew Cook & Sons Excavating Co., Inc. be off icially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 10 22. Acceptance of 2018 Pavement Marking Project: City Manager recommending ac- ceptance of the construction contract for the 2018 Pavement Marking Project, as com- pleted by SELCO, Inc. Upon motion the documents were received and filed, and Resolu- tion No. 153-19 Accepting the 2018 Pavement Marking Project and authorizing the pay- ment to the contractor was adopted. RESOLUTION NO. 153-19 ACCEPTING THE 2018 PAVEMENT MARKING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2018 Pavement Marking Project, (the Project) has been completed by the Contractor, SELCO, Inc. (Contractor), t he City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $116,417.56; and Whereas, the Contractor has previously been paid $110,596.68, leaving a balance of $5,820.88; 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 Proje ct is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $5,820.88 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chap ter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2018 PAVEMENT MARKING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2018 Pavement Marking Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $123,777.98. Dated this 26th day of April 2019. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 26th day of April 2019. /s/Kevin S. Firnstahl, City Clerk 23. Acceptance of a Grant of Easement for Hike/Bike Trail and Public Utilities in Du bu- que Industrial Center 7th Addition: City Manager recommending acceptance of a Grant of Easement from 7G Properties, LLC across Part of Lot 2 of 2 of Dubuque Industrial Center 7th Addition, in the City of Dubuque for Hike/Bike Trail and Public Utilities a s part of the Chavenelle Road Hike/Bike Trail Project. Upon motion the documents were re- ceived and filed, and Resolution No. 154-19 Accepting a Grant of Easement for hike/bike 11 trail and public utilities across part of Lot 2 of 2 of Dubuque Industrial Cente r 7th Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 154-19 ACCEPTING A GRANT OF EASEMENT FOR HIKE/BIKE TRAIL AND PUBLIC UTILI- TIES ACROSS PART OF LOT 2 OF 2 OF DUBUQUE INDUSTRIAL CENTER 7 TH AD- DITION, IN THE CITY OF DUBUQUE, IOWA Whereas, 7G Properties, LLC, has executed a Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2 of 2 of Dubuque Industrial Center 7th Addition, in the City of Dubuque, Iowa. 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, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Hike/Bike Trail and Public Utilities across Part of Lot 2 of 2 of Dubuque Industrial Center 7th Addition, in the City of Dubuque, Iowa from 7G Properties, LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24. Acceptance of Grants of Easement for Sidewalk and Public Utilities as part of the Northwest Arterial – Pennsylvania Avenue Right Turn Lane Project: City Manager recom- mending acceptance of Grants of Easement for Sidewalk and Public Utilities from Dupaco Community Credit Union and Dubuque Assembly of God, Inc. across properties on Penn- sylvania Avenue in the City of Dubuque as part of the Northwest Arterial – Pennsylvania Avenue Right Turn Lane Project. Upon motion the documents were received and filed, and Resolution No. 155-19 Accepting Grants of Easement for sidewalk and public utilities associated with the Northwest Arterial - Pennsylvania Avenue Right-Turn Lane Project in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 155-19 ACCEPTING GRANTS OF EASEMENT FOR SIDEWALK AND PUBLIC UTILITIES AS- SOCIATED WITH THE NORTHWEST ARTERIAL – PENNSYLVANIA AVENUE RIGHT TURN LANE PROJECT, IN THE CITY OF DUBUQUE, IOWA Whereas, Dupaco Community Credit Union, has executed a Grant of Easement for Sidewalk and Public Utilities across Part of Lot 1 of Assembly of God Place No. 2, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa; and Whereas, Dubuque Assembly of God, Inc., has executed a Grant of Easement for Sidewalk and Public Utilities across Part of Lot 2 of Assembly of God Place No. 2, in the City of Dubuque, Iowa, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 12 Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and consents to the Grants of Easement for Sidewalk and Public Utilities, across the properties as listed above, in the City of Dubuque, Iowa from the property owners as listed above, copies of which are attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution with each said Grant of Easement for Sidewalk and Public Utilities, in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 25. Acceptance of Sanitary Sewer Easement in Nemmers Cedar Ridge Farm: City Manager recommending acceptance of a sanitary sewer easement from Nemmers Cedar Ridge Farm Limited Partnership for a proposed public sanitary sewer across Part of Lot 1 in Cedar Ridge Farm Place No. 16 in the City of Dubuque. Upon motion the documents were received and filed, and Resolution No. 156-19 Accepting a Grant of Easement for sanitary sewer through, over and across part of Lot 1 in Cedar Ridge Farm Place No. 16 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 156-19 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER THROUGH, OVER AND ACROSS PART OF LOT 1 IN CEDAR RIDGE FARM PLACE NO. 16, IN THE CITY OF DUBUQUE, IOWA Whereas, Nemmers Cedar Ridge Farm Limited Partnership and the City of Dubuque wish to set forth terms for the construction, maintenance, and replacement of proposed public sanitary sewer utility located in Part of Lot 1 in Cedar Ridge Farm Place No. 16, in the City of Dubuque, Dubuque County, Iowa; and Whereas, Nemmers Cedar Ridge Farm Limited Partnership have executed an Ease- ment for Sanitary Sewer through, over and across Part of Lot 1 in Cedar Ridge Farm Place No. 16, in the City of Dubuque, Dubuque County, Iowa. 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, Iowa, hereby approves of, accepts and consents to the Grant of Easement for Sanitary Sewer through, over and across Part of Lot 1 in Cedar Ridge Farm Place No. 16, in the City of Dubuque, in the City of Dubuque, Dubuque County, Iowa from Nemmers Cedar Ridge Farm Limited Partnership, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and direc ted to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13 26. Civil Service Commission - Certified Lists: Civil Service Commission submitting the Certified Lists for the positions of Foreman, Forestry Technician, Assistant Horticulturist, Accountant, Budget Financial Analyst, and Payroll Accountant. Upon motion the docu- ments were received, filed and made a Matter of Record. April 18, 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 Foreman was administered on March 6, 2019. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Foreman 1. Zachery Thill, 2. Nicholas Wilson, 3. Corey Goedken, 4. Mark Meyer, 5. Chris Kennedy, 6. Tim Lattner, 7. Tim Lawler, 8. Matt Uthe, 9. Brian Wulfekuhle, 10. Matt Herman Respectfully submitted, /s/Dan White, Chairman Civil Service Commission April 18, 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 Forestry Technician was administered on March 14, 2019. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for one (1) year from the above date. Forestry Technician 1. Austin Decker, 2. Jeffrey Leibold, 3. Paul Hagerty, 4. Kelvin Kennicker, 5. Alec Leytem, 6. Tim Neuhaus, 7. Ryan Schneider, 8. Tim Lattner, 9. Patrick Maas, 10. Laurana Snyder, 11. Nick Connolly, 12. Chris Lahey, 13. Tim Lawler, 14. Brian MacLeod, 15. Nathan McLaughlin, 16. Gregory Freiburger, 17. Steven Valentine, 18. James Welty, 19. Jeffrey Boge, 20. Joseph Fleckenstein, 21. John Kirk, 22. Matthew Uthe Respectfully submitted, /s/Dan White, Chairman Civil Service Commission April 18, 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 Assistant Horticulturist was administered on March 19, 2019. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be made from this list and that this list is good for one (1) year from abo ve date. 14 Assistant Horticulturist 1. David Franklin, 2. Joel Leach, 3. Tyler Newcomer, 4. Thomas McClurg, 5. Susanne Piper, 6. John Bleile, 7. Brian MacLeod, 8. Laurana Snyder, 9. Jarrod Pusateri, 10. Jeffrey Pritchett, 11. Travis Brant, 12. Patrick Maas, 13. Bruce Nowak Respectfully submitted, /s/Dan White, Chairman Civil Service Commission April 18, 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 Accountant was administered via “take-home” exam. We hereby certify that the indi- viduals listed below have passed this “take -home” examination and the vacancy for this position should be filled from this list and that this list is good for one (1) year from above date. Accountant 1. Vicki Kluesner, 2. Julie Husemann, 3. Rebecca Kuhle, 4. Kate Weidemann, 5. Jenna Hirtz, 6. Nathan Kelleher, 7. Lisa Barton, 8. Gregory Williams, 9. Nicole Connolly, 10. Cheryl Pregler Respectfully submitted, /s/Dan White, Chairman Civil Service Commission April 18, 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 Budget Financial Analyst was administered via “take -home” examination. We hereby certify that the individuals listed below have passed this “take-home” examination and the vacancy for this position should be filled from this list and that this list is good for one (1) year from above date. Budget Financial Analyst 1. Christine Jackson, 2. Gina Hodgson, 3. Jocelyn Theisen, 4. Kayla Morrison, 5. Kerry Rogers, 6. Darla Meyer Respectfully submitted, /s/Dan White, Chairman Civil Service Commission April 18, 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 Payroll Accountant was administered via “take -home” examination. 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. 15 Payroll Accountant 1. Julie Husemann, 2. Rose Bakey, 3. Gregory Williams, 4. Melissa McGinnis, 5. Kelli Berk- ley, 6. Kate Weidemann, 7. Michael Becker, 8. Joann Kintzle Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 27. Chaplain Schmitt Veteran’s Memorial Project U.S. Highway 151 Jurisdictional Boundary Designation: City Manager recommending approval to establish a mapped ju- risdictional boundary for the U.S. Highway 151 Iowa Department of Transportation right - of-way on Schmitt Island adjacent to the location of the Chaplain Schmitt Veteran’s Me- morial, and authorize the City Clerk to record the map at the Dubuque County Recorder’s Office to formally establish the jurisdictional boundary. Upon motion the documents were received and filed, and Resolution No. 157-19 Approving IDOT Exhibit Map “A” 1 of 1 Proposed U.S. Highway 151 Access Control Limits 16th Street; (Station 1557+68) - 300' = Station 1554+68, Admiral Sheehy Drive; (Station 3+10) - 300' = Station 0+10, Grey- hound Park Road; (Station 3+10) + 300' = Station 6+10 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 157-19 RESOLUTION APPROVING IADOT EXHIBIT MAP “A” 1 OF 1 PROPOSED U.S. HIGH- WAY 151 ACCESS CONTROL LIMITS 16TH STREET; (STATION 1557+68) - 300' = STATION 1554+68, ADMIRAL SHEEHY DRIVE; (STATION 3+10) - 300' = STATION 0+10, GREYHOUND PARK ROAD; (STATION 3+10) + 300' = STATION 6+10 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Iowa Department of Transportation Exhibit Map dated March 18, 2019 prepared by WHKS Engineers, showing the jurisdictional boundary and access control limits along the southern limits of U.S. Highway 151 starting at Admiral Sheehy Drive and moving easterly for a distance of 1,427.57 feet, in the City of Dubuque, Iowa; and Whereas, said exhibit map conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Department of Transportation Map dated March 18, 2019 prepared by WHKS Engineers, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby au- thorized and directed to approve said map for and on behalf of the City of Dubuque, Iowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said map and certified copy of this resolution in the Office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 28. Iowa Department of Transportation Preconstruction Funding Agreement for U.S. Highway 20 Resurfacing Project Devon Drive to Old Highway Road: City Manager rec- ommending approval of a Preconstruction Funding Agreement with the Iowa Department 16 of Transportation for the U.S. Highway 20 Resurfacing Project, from Devon Drive to Old Highway Road. Upon motion the documents were received and filed, and Resolution No. 158-19 Approving the Preconstruction Funding Agreement (Agreement No. 2019 -6-126) between the City of Dubuque and Iowa Department of Transportation for the U.S. High- way 20 Resurfacing Project, from Devon Drive to Old Highway Road was adopted. RESOLUTION NO. 158-19 APPROVING THE PRECONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2019-6-126) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANSPORTATION FOR THE U.S. HIGHWAY 20 RESURFACING PROJECT, FROM DEVON DRIVE TO OLD HIGHWAY ROAD Whereas, the Iowa Department of Transportation (Iowa DOT) is the lead agency for the development and construction of the U.S. Highway 20 Resurfacing Project, from Devon Drive to Old Highway Road; and Whereas, in accordance with the provisions of Iowa Administrative Code, and per the terms and conditions of the Preconstruction Funding Agreement, the City is responsible for the costs associated with the construction and adjustment of City owned public utilities; and Whereas, as part of the U.S. 20 resurfacing project, any existing City manholes or fixtures that are located within the pavement will need to be adjusted to the new finished roadway grade; and Whereas, the manhole or fixture adjustments will be completed by the Iowa DOT as part of the resurfacing project and the City shall reimburse the State for said incurred costs; and Whereas, the City has requested to upgrade and install a new vehicle detection system from loops to current technology using microwave detection; and Whereas, the Iowa DOT has agreed to reimburse the City for the actual cost of the microwave detection equipment in exchange for not replacing the detector loops; and Whereas, upon the City completing the purchase and installation of the microwave detection equipment, the Iowa DOT agrees to reimburse the City for the actual cost of the microwave detection equipment, not to exceed the cost to replace detector loops or $66,080. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. That said Preconstruction Funding Agreement (Agreement No. 2019 -6-126) between the City of Dubuque and the Iowa Department of Transportation is hereby ap- proved. Section 2. That the Mayor is hereby authorized and directed to execute t he Precon- struction Funding Agreement (Agreement No. 2019 -6-126) for the U.S. Highway 20 Re- surfacing Project, from Devon Drive to Old Highway Road. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 29. Iowa Department of Transportation - Cooperative Funding Agreement for 15 South Main Building Deconstruction Project: City Manager recommending approval of a Coop- erative Funding Agreement with the Iowa Department of Transportation (DOT) for the City 17 to administer the deconstruction, salvage and removal of the former SELCO building lo- cated at 15 South Main Street. Upon motion the documents were received and filed, and Resolution No. 159-19 Approving the Cooperative Funding Agreement (Agreement No. 2019-16-138) between the City of Dubuque and Iowa Department of Transportation for the 15 South Main Building Deconstruction Project was adopted. RESOLUTION NO. 159-19 APPROVING THE COOPERATIVE FUNDING AGREEMENT (AGREEMENT NO. 2019- 16-138) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANS- PORTATION FOR THE 15 SOUTH MAIN BUILDING DECONSTRUCTION PROJECT Whereas, the Iowa Department of Transportation (Iowa DOT) has requested the City of Dubuque (City) to administer the deconstruction, salvage, and removal of the former SELCO building located at 15 South Main Street; and Whereas, the City has agreed to be the lead agency for administering the deconstruc- tion, salvage, and removal of the former SELCO building located at 15 South Main Street; and Whereas, the Iowa DOT has agreed to reimburse the City for actual cost to deconstruct the building structure, and the disconnection of the public utilities from the property; and Whereas, the deconstruction project will be completed in two phases, Phase 1 will cover deconstruction of the steel building structure, estimated cost to be $33,579.43, and Phase 2 will cover utility disconnects, estimated cost to be $33,579.43; and Whereas, upon the City completing the deconstruction project, the total reimbursement from the Iowa DOT is estimated at $81,016.93. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL- LOWS: Section 1. That said Cooperative Funding Agreement (Agreement No. 2019 -16-138) between the City of Dubuque and the Iowa Department of Transportation is hereby ap- proved. Section 2. That the Mayor is hereby authorized and directed to execute the Precon- struction Funding Agreement (Agreement No. 2019-16-138) for the for the City to admin- ister the deconstruction, salvage, and removal of the former SELCO build ing located at 15 South Main Street. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 30. Signed Contract(s): Short-Term Lease with Robert Bradley for 40 acres of tillable property in Franklin D. Roosevelt Park. Upon motion the documents were received and filed. 31. Improvement Contracts / Performance, Payment and Maintenance Bonds : Drew Cooks & Sons, Excavating for Van Buren Street Energy Dissipater Project; Skyline Stor- age & Trucking, Inc. for 2019 Decorative Concrete Maintenance Project; Temperley Ex- cavating, Inc. for Harlan & Euclid Sanitary Sewer Reconstruction Project (Alley). Upon motion the documents were received, filed and approved. 18 32. Tobacco Compliance Civil Penalty for Tobacco License Holder – Beecher Liquor: City Manager recommending approval of the Acknowledgment/Settlement Agreement for a tobacco compliance violation for Beecher Liquor, 1691 Asbury Road. Upon motion the documents were received, filed and approved. 33. Tobacco Compliance Civil Penalty for Tobacco License Holder – Liquor Tobacco & Grocery: City Manager recommending approval of the Acknowledgment/Settlement Agreement for a tobacco compliance violation for Liquor Tobacco & Grocery, 1998 Jack- son Street. Upon motion the documents were received, filed and approved. 34. 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. 160-19 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 Licenses and Permits was adopted. RESOLUTION NO. 160-19 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 fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Ichiban Hibachi Steakhouse and Sushi Bar 3187 University Ave. Class C Liquor (Sunday) Oky Doky #1 250 W 1st St. Class C Beer, Class B Wine (Sunday) Paradise Distilling Company 245 Railroad Ave. Class A Native Distilled Spirits Shenanigans Pub, LLC 3203 Jackson St. Class C Liquor (Out- door) (Sunday) Stone Cliff Winery, Inc. 600 Star Brewery Dr. Class C Native Wine (Outdoor) (Sunday) Tott's Tap 3457 Jackson St. Class C Liquor (Sunday) 19 New Port of Dubuque Marina 450 East 3rd St. Class B Beer, Class B Native Wine (Outdoor) (Sunday) Special Event(s) per Special Event Application Submittal America's River Festival - 6/19 501 Bell St. Class C Liquor (Out- door) HAVlife Tri-States - 5/7 200 Main St. Class C Liquor Hilton Garden Inn & Q Casino & Houlihan's 5/24, 6/1, 6/8, 6/13, and 6/29 1801 & 1855 Grey- hound Park Dr. Adding Outdoor Service Rotary Club of Dubuque - 6/6 Vacant Lot McGraw Hill, Port of Dubuque Special Class C Liquor (Outdoor) (Sunday) Dubuque Jaycees - Millwork Night Market 5/5 and 6/1 7th and Jackson to 9th and Jackson to In- clude E. 8th to Elm Special Class C Liquor (Outdoor) Dubuque Jaycees 6/25 Heritage pond Special Class C Liquor (Outdoor) Passed, approved, and adopted this 6th day of May 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 prescribed by law. Seconded by Resnick. Motion carried 6-0. 1. Water Revenue Capital Loan Notes (State Revolving Loan Funds) Construction Loan Application for Roosevelt Water Tower: City Manager recommending that a public hearing be set for May 20, 2019, on the proposition of selling not to exceed $4,400,000 in Water Revenue Capital Loan Notes (State Revolving Loan Fund Program), the pro- ceeds of which will be used to pay costs for Roosevelt Street Water Tower, Water Distri- bution Improvements, and Eagle Point Park Treatment Plan Improvements. Upon motion the documents were received and filed, and Resolution No. 161-19 Fixing date for a meet- ing on the authorization of a Loan and Disbursement Agreement and the issuance of not - to-exceed $4,400,000 Water Revenue Capital Loan Notes of the City of Dubuque, Iowa and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on May 20, 2019 in the Historic Federal Building. RESOLUTION NO. 161-19 FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DIS- BURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $4,400,000 WATER REVENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF 20 Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should provide for the authorization of a Loan and Disbursement Agreement and the issuance of Water Revenue Capital Loan Notes, in the amount of not to exceed $4,400,000, as au- thorized by Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to pay costs as hereinafter described; and Whereas, the City has applied for a loan through the Iowa Drinking Water Facilities Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase the City's Notes and has requested that such Notes be issued as a s ingle Note in a de- nomination equal to the total amount of the issue as authorized by Chapter 384 of the Code of Iowa; and Whereas, the Loan and Disbursement Agreement and Note shall be payable solely and only out of the Net Revenues of the Municipal Water System and shall be a first lien on the future Net Revenues of the Utility; and shall not be general obligations of the City or payable in any manner by taxation and the City shall be in no manner liable by reason of the failure of the Net Revenues to be s ufficient for the payment of the Loan and Dis- bursement Agreement and Note; and Whereas, before a Loan and Disbursement Agreement may be authorized and Water Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is necessary to comply with the provisions of the Code of Iowa, as amended, and to pub- lish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the Loan and Disbursement Agreement and Notes and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu- que, STATE OF IOWA: Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa at 6:00 o'clock p.m., on the 20th day of May, 2019, for the purpose of taking action on the matter of the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $4,400,000 Water Revenue Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the costs of the acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Water System, including those costs associated with the Roosevelt Street water tower and water distri- bution improvements project and the Eagle Point water treatment plant and water distri- bution improvements project; and refunding the Water Revenue Capital Loan Notes An- ticipation Project Note, Series 2017, dated September 22, 2017. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the issuance of the Notes. Section 3. The notice of the proposed action shall be in substantially the [provided] form: Passed, approved, and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21 2. Steeple Square, LLC (SS Event Center, LLC) Request to Vacate Alley between Jackson and White Streets (from E. 15th to E. 16th Streets): City Manager recommending that the City Council set a public hearing for May 20, 2019 on a request from Steeple Square LLC (SS Event Center, LLC) to vacate the public alley between Jackson and White Streets from E. 15th to E. 16th Streets as part of the redevelopment of the entire block. Upon motion the documents were received and filed, and Resolution No. 162-19 Resolution of Intent to vacate and dispose of City interest in the alley between Jackson St. and White St. from E. 16th St. to E. 15th St. described as City Lot 484-A in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on May 20, 2019 in the Historic Federal Building. RESOLUTION NO. 162-19 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN THE ALLEY BETWEEN JACKSON ST. AND WHITE ST., FROM E. SIXTEENTH ST. TO E. FIFTEENTH ST., DESCRIBED AS CITY LOT 484-A, IN THE CITY OF DUBUQUE, IOWA, TO SS EVENT CENTER, LLC Whereas, SS Event Center, LLC has requested the vacating of the Alley between Jack- son St. and White St., from E. Sixteenth St. to E. Fifteenth St.; and Whereas, Buesing and Associates, Inc. has prepared and submitted to the City Council a plat showing the vacated Alley between Jackson St. and White St., from E. Sixteenth St. to E. Fifteenth St., described as City Lot 484-A, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate and dispose of its interest in said City Lot 484-A, in the City of Dubuque, Iowa to SS Event Center, LLC per the agreement between the City of Dubuque, Iowa, and SS Event Center LLC, dated February 1, 2019. Section 2. That a public hearing on the intent to vacate and dispose of City Lot 484 -A, in the City of Dubuque, Iowa to SS Event Center, LLC is hereby set for the 20 th day of May 2019, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate and dispose of said real estate to be pub- lished in the manner as prescribed by law. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 3. Marquette Hall, LLC - Development Agreement for 2222 Queen Street: City Man- ager recommending that the City Council set a public hearing for May 20, 2019 on a proposed Development Agreement between the City of Dubuque and Marquette Hall, LLC providing for the Issuance of Urban Renewal Tax Increment Revenue Grant Obliga- tions for the redevelopment of the former Sacred Heart parish school located at 2222 Queen Street. Upon motion the documents were received and filed, and Resolution No. 163-19 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the proposed Development Agreement with Marquette Hall, LLC, including the issuance of Urban Renewal Tax Increment Revenue Obligations and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to com- mence at 6:00 p.m. on May 20, 2019 in the Historic Federal Building. 22 RESOLUTION NO. 163-19 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE PROPOSED DEVELOPMENT AGREEMENT WITH MARQUETTE HALL, LLC, INCLUDING THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, City and Marquette Hall, LLC have entered into a Development Agreement for the rehabilitation of property located at 2222 Queen Street, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best inter- ests of the City to approve the Development Agreement with Marquette Hall, LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out the rehabilitation of property located at 2222 Queen Street as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meet- ing the City Council shall receive oral and/or written objections from any resident or prop- erty owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the 20th day of May 2019, at 6:00 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa. Section 2. The City Council will meet at said time and place for the purpose o f taking action on the matter of approving the Development Agreement with Marquette Hall, LLC, including authorizing Urban Renewal Tax Increment Revenue obligations the proceeds of which obligations will be used to carry out certain of the special financin g activities described in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Marquette Hall, LLC pursuant to the Development Agreement. The aggregate amount of the Tax Increment Revenue obligations to be issued will not exceed $179,830. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pu b- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the prop osed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 6th day of May, 2019. Roy D. Buol, Mayor 23 Attest: Kevin S. Firnstahl, City Clerk 4. Royal Oaks Development Corporation Request for Voluntary Annexation : City Man- ager recommending that the City Council set a public hearing for June 3, 2019 on a 100% voluntary annexation request filed by Royal Oaks Development Corporation for approxi- mately 106.96 acres of property located at the intersection of Elmwood Drive and Silver Oaks Drive, concurrent with rezoning. Upon motion the documents were received and filed, and Resolution No. 164-19 Setting a public hearing on an application for voluntary annexation of territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June 3, 2019 in the Historic Federal Building. RESOLUTION NO. 164-19 SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXA- TION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from Royal Oaks Development Corporation for the voluntary annexation of 106.96 acres of property which includes 0.99 acres of Dubuque County right-of-way located at the intersection of Elmwood Drive and Silver Oaks Drive with connection to the city of Dubuque by Elmwood Drive right-of-way as shown on Exhibit A and legally described as: Lot A, and Lots 31 thru 42, inclusive, of Silver Oaks Estates, in Dubuque County, Iowa; and Lots 1 and 2 of Walter Metcalf Place, in Dubuque County, Iowa; and All that part of the right of way of Elmwood Drive lying south of the south right of way line of Metcalf Lane, extended northwesterly, in Dubuque County, Iowa; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad property; and Whereas, the annexation territory does include Dubuque County right -of-way; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution and required notification; and Whereas, the annexation territory is consistent with the City’s Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the capacity to provide substantial municipal ser- vices to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held on the 3rd day of June, 2019, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed annexation, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circu- lation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor 24 Attest: Kevin S. Firnstahl, City Clerk 5. Nomination of Eagle Point Park as a City Landmark Site: Historic Preservation Com- mission recommending that the City Council set a public hearing for July 1, 2019 on an application to the State Historic Preservation Office nominating Eagle Point Park as a City Landmark Site. Upon motion the documents were received and filed, and Resolution No. 165-19 Setting a public hearing on an application to nominate Eagle Point Park as a City Landmark Site was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on July 1, 2019 in the Historic Federal Building. RESOLUTION NO. 165-19 SETTING A PUBLIC HEARING ON AN APPLICATION TO NOMINATE EAGLE POINT PARK AS A CITY LANDMARK SITE Whereas, the City Council of Dubuque has received a written recommendation from the City of Dubuque Historic Preservation Commission in support of an application to nominate Eagle Point Park as a City Landmark Site; and Whereas, Eagle Point Park meets the criteria for designation as a City Landmark by virtue of its listing in the National Register of Historic Places for local significance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held on the 1st day of July, 2019, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed nomination, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circu- lation in the City of Dubuque, Iowa, which notice shall be published no more than twenty (20) days and not less than four (4) days prior to the date of such hearing. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS 1. Appointment to the Building Code and Advisory Appeals Board: One, 3-Year Term through August 1, 2019 (Vacant Journeyman Carpenter term of Schwendinger). Appli- cant: Derek Duehr, 3395 Venture Ct. (Qualifies as Journeyman Carpenter). Motion by Larson to appoint Mr. Duehr to the 3-year term through August 1, 2019. Seconded by Shaw. Motion carried 6-0. PUBLIC HEARINGS 1. Request to Rezone Property at Oneida & Vinton Streets : Proof of publication on notice of public hearing to consider a request from Evan Smith to rezone property at the corner of Oneida & Vinton Streets from R-1 Single-Family Residential Zoning District to R-2 Two-Family Residential Zoning District, and the Zoning Advisory Commission recom- mending approval. Motion by Larson to receive and file the documents and that the re- quirement that a proposed ordinance be considered and voted on for passage at two 25 Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Planning Services Manager Laura Carstens provide a staff report and re- sponded to questions from the City Council about street improvements being the respon- sibility of the developer. Property owner Cecil Pfeiffer spoke in support of the request stating that it was a way to keep his family members in proximity to each other as they owned adjacent lots. Motion carried 6-0. Motion by Larson for final consideration and passage of Ordinance No. 21-19 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying hereinafter described property located at the corner of Oneida and Vinton Streets from R-1 Single-Family Residential District to R-2 Two-Family Residential District. Seconded by Resnick. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 21-19 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE CORNER OF ONEIDA AND VINTON STREETS FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter–described property from R-1 Single-Family Residential District to R-2 Two-Family Residential District, to wit: Lots 67 to 72 Inclusive of O’Neill’s North Dubuque Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 6th day of May 2019. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 10 th day of May 2019. /s/Kevin S. Firnstahl, City Clerk 2. Sale of City-Owned Property at 1100 Roosevelt Street: Proof of publication on notice of public hearing to consider disposal 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, and the City Manager rec- ommending approval. The City Clerk and City Attorney recommended that the public hearing be rescheduled to May 20, 2019 with a new resolution and republishing of the Notice of Hearing. Motion by Jones to receive and file the documents and adopt a new Resolution No. 140-A-19 Disposing of City interest in real property located at 1100 Roo- sevelt Street in the City of Dubuque, Iowa re-setting the public hearing to May 20, 2019 at 6:00 p.m. in the Historic Federal Building. Seconded by Resnick. Motion carried 6 -0. 26 RESOLUTION NO. 140-A-19 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET- TING 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 Prop erty) legally described as: Lot 4 of Wersinger Subdivision in the City of Dubuque, Iowa, accordin g 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 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; and Whereas, the public hearing was originally scheduled for May 6, 2019 but needed to be rescheduled for further inspection of the property by City prior to closing on the trans- action. 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 20th day of May 2019 beginning at 6:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to re -publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Iowa Department of Transportation (IDOT) Consolidated Funding Application for Fiscal Year 2020: Proof of publication on notice of public hearing to consider approval to submit the Consolidated Funding Application to the Iowa Department of Transportation for the Jule Transit's annual operating and maintenance allocations, the Lobbying Cost Certificate, Certificate of Cost Allocation Plan and Authorizing Resolution; and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 166-19 Approval of Consolidated Funding Application to Iowa DOT. Seconded by Larson. Motion carried 6 -0. RESOLUTION NO. 166-19 AUTHORIZING RESOLUTION APPROVAL OF CONSOLIDATED FUNDING APPLICATION TO IOWA DOT Whereas, the City of Dubuque provides fixed-route and paratransit services for the citizens of Dubuque; and Whereas, the Iowa Department of Transportation (IDOT) is a pass-through funding entity for federal capital and operating funds; and Whereas, the City has historically applied through the IDOT for these funds; and 27 Whereas, the City Council finds that the applying for the funds to be beneficial to the continued provision of transit service for the citizens of Dubuque. 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, Iowa hereby endorses the attached application to the Iowa Department of Transportation, which includes a City match. Section 2. The Iowa Department of Transportation application will include requests and mandatory certifications by the City of Dubuque as follows: From the State Transit Assistance Program: 2.11344440% of formula funds Total: $311,285 From federal funds for transit in non-urbanized areas and/or for transit serving pri- marily elderly persons and persons with disabilities: $60,614 From statewide capital assistance (PTIG) for transit: $344,743 From statewide federal-pass through discretionary assistance (Intercity Bus Mar- keting Grant) for transit: $7,500 We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that the City of Dubuque/The Jule has sufficient non-federal funds or sufficient in-kind match to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this contract. We request that State Transit Assistance formula funding be advanced as al- lowed by law, to improve system cash flow. Section 3. That Renee Tyler, Director of Transportation Services, is authoriz ed to on behalf of the City Council, to apply for financial assistance and to enter into related con- tract(s) with the Iowa Department of Transportation. Passed, adopted and approved this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 4. Proceedings for the Proposed Issuance of General Obligation Bonds Series 2019 A, B, C and D: Proof of publication on notice of public hearing to consider approval of the suggested proceedings for the public hearing on the issuance of General Obligation Bonds Series 2019 A, B, C and D. The proceeds of which will be used for essential and general corporate purposes of the City for projects in the City budget previously approved by the City Council and to refund previously issued bonds, and the City Manager recom- mending approval. Motion by Jones to receive and file the documents and adopt Resolu- tion No. 167-19 Instituting proceedings to take additional action for the issuance of not - to-exceed $10,045,000 General Obligation Bonds; Resolution No. 168-19 Instituting pro- ceedings to take additional action for the issuance of not -to-exceed $700,000 General Obligation Bonds; Resolution No. 169-19 Instituting proceedings to take additional action for the issuance of not-to-exceed $600,000 General Obligation Bonds; and Resolution No. 170-19 Instituting proceedings to take additional action for the issuance of no t-to- 28 exceed $1,690,000 General Obligation Urban Renewal Bonds. Seconded by Resnick. Motion carried 6-0. RESOLUTION NO. 167-19 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $10,045,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $10,045,000 General Obligation Bonds, for essential corporate purposes, in order to provide funds to pay the costs of equipping the fire department, including the acquisition and equipping of a Quick Response Pumper; and costs of refunding or refi- nancing certain outstanding indebtedness of the City, including Taxable General Obl iga- tion Bonds, Series 2012C, dated June 28, 2012 and General Obligation Bonds, Series 2012D, dated June 28, 2012, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and following act ion is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That this Council does hereby institute proceedings and take additional action fo r the authorization and issuance in the manner required by law of not to exceed $10,045,000 General Obligation Bonds, for the foregoing essential corporate purposes. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed, approved, and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 168-19 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $700,000 General Obligation Bonds, for general corporate purposes, in order to provide funds to pay the costs of the construction, reconstruction, improvement, and equipping of various city buildings, including for energy efficiency improvements; the reconstruction, improvement and equipping of city fire stations; the reconstruction, im- provement and equipping of the Five Flags Center Arena; and for the Midtown Transfe r Relocation project, including improvement and construction of vehicle pull-in and passen- ger waiting areas, signage, cameras, seating and shelters , and has considered the extent of objections received from residents or property owners as to the proposed issuance of 29 Bonds; and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate purposes. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed, approved, and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 169-19 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $600,000 GENERAL OBLIGATION BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $600,000 General Obligation Bonds, for general corporate purposes, in order to provide funds to pay the costs of the construction, improvement and equipping of a skate park, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was fil ed calling for a referendum thereon. The following action is now considered to be in the best inter- ests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That this Council does hereby institute proceedings and take additional action for the authorization and issuance in the manner required by law of not to exceed $600,000 General Obligation Bonds, for the foregoing general corporate purposes. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed, approved, and adopted this 6th day of May 2019. Roy D. Buol, Mayor 30 Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 170-19 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $1,690,000 GENERAL OBLIGATION URBAN RENEWAL BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $1,690,000 General Obligation Urban Renewal Bonds, for essential corpo- rate urban renewal purposes, in order to provide funds to pay the costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Urban Renewal Plan for the Greater Downtown Urban Renewal District, such as those costs associated with the Multi-cultural Family Center addition re- model, and has considered the extent of objections received from residents or property owners as to the proposed issuance of Bonds; and no petition was filed calling for a ref- erendum thereon. The following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, STATE OF IOWA: That this Council does hereby institute proceedings and take addition al action for the authorization and issuance in the manner required by law of not to exceed $1,690,000 General Obligation Urban Renewal Bonds, for the foregoing essential corporate urban renewal purposes. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that the general fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above Bonds. The amounts so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. Passed, approved, and adopted this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS 1. Multicultural Family Center Board Annual Report: Multicultural Family Center Board President Marlene Woller provided a verbal report of the Multicultural Family Center 2018 Annual Report to the City Council. Motion by Larson to receive and file the documents and hear the presentation. Seconded by Resnick. Ms. Woller highlighted portions of the report regarding partnerships; programs/events; d onations; pilot programs focusing on job skills, etc.; STEM programs, new director Jackie Hunter, and Great Give Day (May 9, 2019). Motion carried 6-0. 31 2. Awarding Contract for the Bee Branch Healthy Homes (CDBG -NDR) Housing Re- habilitation Project for 278 W. 17th Street: City Manager recommending award of the con- struction contract for the Bee Branch Healthy Homes (CDBG -NDR) Housing Rehabilita- tion Project for 278 W. 17th Street to the low bidder Bel Aire Home Improvement, LLC. Motion by Larson to receive and file the documents and adopt Resolution No. 171-19 Awarding Bee Branch Healthy Homes (CDBG-NDR) Housing Rehabilitation Project for 278-W. 17th Street Project. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 171-19 AWARDING BEE BRANCH HEALTHY HOMES (CDBG-NDR) HOUSING REHABILI- TATION PROJECT FOR 278 W. 17TH STREET PROJECT Whereas, sealed proposals have been submitted by contractors for the Bee Branch Healthy Homes (CDBG-NDR) Housing Rehabilitation Project for 278 W . 17th Street, (the Project) pursuant to Resolution No. 115-19 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 3rd day of April 2019; and Whereas, said sealed proposals were opened and read on the 19th day of April 2019 and it has been determined that Bel Aire Home Improvement, LLC of Platteville, WI with a bid in the amount of $277,000.00 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 Bee Branch Healthy Homes Project for 278 W . 17th Street is hereby awarded to Bel Aire Home Improvement, LLC and the City Manager is hereby directed to execute a Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Award of Contract for the NW Arterial and Pennsylvania Right -Turn Lane Project: City Manager recommending award of the construction contract to the low bid der, Mid- west Concrete, Inc., subject to the concurrence of the Iowa Department of Transportation. Motion by Jones to receive and file the documents and adopt Resolution No. 172-19 Awarding public improvement contract for the Northwest Arterial - Pennsylvania Avenue Right-Turn Lane Project. Seconded by Shaw. Responding to questions from the City Council, City Manager Van Milligen and Assistant City Engineer Bob Schiesl explained that contractor bids can range widely in price or cluster up with similar pricing adding that there are too many variables on the side of the contractor to explain the variances. Motion carried 6-0. RESOLUTION NO. 172-19 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTHWEST ARTE- RIAL - PENNSYLVANIA AVENUE RIGHT TURN LANE PROJECT Whereas, sealed proposals have been submitted by contractors for the Northwest Ar- terial - Pennsylvania Avenue Right Turn Lane Project, (the Project) pursuant to Resolution No. 118-19 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 5th day of April 2019; and 32 Whereas, said sealed proposals were opened and read on the 25th day of April 2019 and it has been determined that Midwest Concrete, Inc. of Peosta, Iowa, in the bid amount of $340,575.10, 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 Midwest 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 6th day of May 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Real Estate Broker Services for City-Owned Land – Lease and Sale: City Manager recommending approval of the use of real estate broker services in exchange for a fee for any successful lease or sale transactions of City-owned properties. Motion by Resnick to receive and file the documents and approve the recommendation. Seconded by Jones. Responding to questions from the City Council, City Manager Van Milligen clarified that the City would provide a commission to the realtor with a client who wants to sell property to the City or buy City-owned property. He added that the sale of City-owned property would still required a public hearing and Council approval. Motion carried 6 -0. 5. Large Neighborhood Grant Review Committee Revisions: City Manager recom- mending approval of the Community Development Advisory Commission recommenda- tions regarding the revisions to the Large Neighborhood Grant Program. Motion by Larson to receive and file the documents and approve the recommendation. Seconded by Res- nick. Responding to questions from the City Council, Neighborhood Development Spe- cialist Jerelyn O’Connor explained that CDBG grant allocations have decreased over the years, and reducing the cap would help fund more non-profit organization projects, espe- cially those that partner with neighborhood associations. Motion carried 6-0. 6. Amendments to U.S. Department of Housing and Urban Development (HUD) Vol- untary Compliance Agreement (VCA): City Manager transmitting information regarding an amendment to the Voluntary Compliance Agreement (VCA ) with the U.S. Department of Housing and Urban Development (HUD) and the City of Dubuque that reduces the reporting requirements for the last two years of the Agreement. Motion by Jones to re- ceive and file the documents. Seconded by Resnick. Motion carried 6-0. 7. Code of Ordinances Amendment - Title 4 Restricted Parking in Central Market: City Manager recommending approval of an amendment to City Code Section 4 -4-4 which explains parking restrictions during dates, times, and months that other permitted f armers’ markets occur as well. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 22-19 Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 33 4 Central Market, Section 4-4-4 Restricted Parking in Central Market. Seconded by Res- nick. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 22-19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 4 CENTRAL MARKET, SECTION 4 -4-4 RE- STRICTED PARKING IN CENTRAL MARKET NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-4-4 of the City of Dubuque Code of Ordinances is amended to read as follows: 4-4-4: RESTRICTED PARKING IN CENTRAL MARKET AND OTHER DESIGNAT ED FARMERS’ MARKETS: A. When stalls in the Central Market 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 dis- play a permit as described in this chapter. B. When stalls in other designated, permitted farmers’ markets have been estab- lished by the city manager and signs are erected giving notice thereof, no person shall park a vehicle in such stall between the hours designated on the signs on the days in the months of the year designated on the signs unless the vehicle has on display a permit described in this chapter. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the 6th day of May 2019. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 10 th day of May 2019. /s/Kevin S. Firnstahl, City Clerk 8. Code of Ordinances Amendment - Title 4 Central and Farmer's Markets Permit Ex- emptions: City Manager recommending approval of an amendment that expands the ex- emption for businesses selling at the Central Market and any other permitted farmers’ markets in the City. Motion by Larson to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed b e suspended. Seconded by Jones. Motion carried 6-0. Motion by Larson for final consideration and passage of Ordinance No. 23-19 Amend- ing City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chap- ter 5 Solicitor’s License, Section 4-5-3 Exemptions. Seconded by Jones. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 23-19 34 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 5 SOLICITOR’S LICENSE, SECTION 4-5-3 EX- EMPTIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-5-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 4-5-3: EXEMPTIONS: This chapter does not apply to the following: A. Vendors of goods, merchandise, or services delivered or sold to established customers; B. Nonprofit organizations filed under or authorized by chapter 504 of the Iowa Code or authorized and organized under statutes or regulations of the United States government or approved by the internal revenue service, where such organizations have a permanent office in Dubuque County, Iowa; C. Churches and public and private schools and colleges that have a permanent office in Dubuque County, Iowa; D. Nonprofit clubs and lodges not ordinarily conducted as a business and which do not meet the requirements of chapter 504 of the Iowa Code and that have a permanent office in Dubuque County, Iowa; E. Persons selling at wholesale to merchants, persons selling their own art or handicrafts either by themselves or through employees, or nonprofit civic, charita- ble, religious, or educational groups or members or employees thereof engaged in retail sale for the purpose of fundraising; F. Central Market and other permitted farmers’ market businesses licensed in accordance with this code; or G. Persons that purchase gold, bullion, ingots, precious metals, and jewelry. Such persons are subject to the pawnbroker and secondhand dealer regulations set forth in Chapter 6, Article A of this title. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the 6th day of May 2019. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 10th day of May 2019. /s/Kevin S. Firnstahl, City Clerk 9. Request for Work Session - Bee Branch Watershed Flood Mitigation Project - Blum Site: City Manager recommending that the City Council sched ule a work session on the Bee Branch Watershed Flood Mitigation Project – Blum Site Update for May 13, 2019. (In combination with the request for the Central Avenue Master Plan work session.) Motion by Resnick to receive and file the documents and schedule the work session as recom- mended. Seconded by Jones. No schedule conflicts were expressed. Motion carried 6 -0. 10. Southwest Arterial Construction Update Video: Cable TV Division showed a video of the recent progress of the Southwest Arterial Project. Motion by Resnick to receive and file the information and view the video. Seconded by Larson. Motion carried 6 -0. 35 COUNCIL MEMBER REPORTS Council Member Jones reported on the May 3 EMS/Firefighters fundraising dinner at which retired Firefighter Mark Kisting was inducted into the “Hall of Flame.” There being no further business, upon motion the City Council adjourned at 7:33 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk