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8 19 19 City Council Proceedings Official_Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION SPECIAL The Dubuque City Council met in regular session at 6:00 p.m. on August 19, 2019 in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick; City Man- ager Van Milligen, City Attorney Brumwell Absent: Council Members Rios and Shaw 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 PRESENTATION(S) 1. D.A.R.E 2019 Outstanding Instructor Award: Police Chief Mark Dalsing presented the D.A.R.E 2019 Outstanding Instructor Award to School Resource Officer Rick Fullmer. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Del Toro. Motion carried 5-0. 1. Minutes and Reports Submitted: City Council Proceedings of 8/5; Building Code Board of 7/16; Community Development Advisory Commission of 7/17; Historic Preser- vation Fair Committee of 7/18; Human Rights Commission of 7/8; Investment Oversight Advisory Commission of 7/24; Library Board of Trustees of 6/27; Resilient Community Advisory Commission of 8/1; Zoning Advisory Commission of 8/7; Zoning Board of Ad- justment of 7/25. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Susan Beckman for property damage, Mike and Jeanne Duggan for property damage, Brian Feldman for property damage, Bill and Kathy Miller for property damage; Tiffany Anderson vs. City of Dubuque et al. Upon motion the docu- ments were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Susan Beckman for property damage, Mike and Jeanne Duggan for prop- erty damage, Brian Feldman for property damage, Bill and Kathy Miller for property dam- age. Upon motion the documents were received, filed, and concurred. 2 4. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 284-19 Authorizing the Finance Director-City Treasurer to make cer- tain payments of bills that must be paid and approved for payment in accordance with City procedures was adopted. RESOLUTION NO. 284-19 AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / 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 purcha se 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 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. RAGBRAI 2020 Letter of Support: Correspondence from Mayor Roy D. Buol sup- porting Dubuque's application to host RAGBRAI 2020. Upon motion the documents were received and filed. 6. Greater Dubuque Development Board of Directors and Executive Committee: Cor- respondence from the Greater Dubuque Development Corporation informing the City 3 Manager that he has been elected to the GDDC Development Board of Directors and Executive Committee. Upon motion the documents were received and filed. 7. AmeriCorps Partner in Learning Grant Agreement 2019 -2020: City Manager recom- mended approval of an agreement for AmeriCorps Partners in Learning Grant Continua- tion for Program Year 2019-2020. Upon motion the documents were received, filed and approved. 8. AmeriCorps Healthy Futures Grant Agreement Approval 2019 -2020: City Manager recommended approval of an agreement for AmeriCorps Partners in Learning: Healthy Futures for Program Year 2019-2020. Upon motion the documents were received, filed and approved. 9. Iowa Department of Transportation Traffic Safety Improvement Program for STREETS Equipment Grant Application: City Manager recommended authorization for the City of Dubuque to submit an application in partnership with Dubuque Metropolitan Area Transportation Study for an Iowa Department of Transportation Traffic Safety Im- provement Program to assist with funding Smart Traffic Routing with Efficient and Effec- tive Traffic Signals (STREETS) improvements. Upon motion the documents were re- ceived and filed, and Resolution No. 285-19 Approving the Iowa Department of Transpor- tation Agreement for Traffic Safety Improvement Program Funding for Phase I of Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) Project was adopted. RESOLUTION NO. 285-19 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING FOR PHASE I OF SMART TRAFFIC ROUTING WITH EFFICIENT AND EFFECTIVE TRAFFIC SIGNALS (STREETS) PROJECT Whereas, the increasing growth of traffic volumes along Dubuque’s major street corri- dors, along with operational and safety concerns through these corridors the City of Dubu- que could be improve these conditions with the STREETS project; and Whereas, the City of Dubuque has determined that improvements to these corridors and associated traffic control equipment and infrastructure, as detailed in the STREETS project, will improve traffic flow; and Whereas, the total cost for these improvements for Phase I is $3.36 million. The Traffic Safety Improvement Funding Program will fund $200,000 for this project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA,: Section 1. That said Traffic Safety Improvement Program Funding in the City of Dubu- que for the Phase I of STREETS project is hereby approved. Section 2. That the Mayor be authorized and directed to execute two copies of said Agreement for Traffic Safety Improvement Program Funding in the City of Dubuque for Phase I of STREETS project. Passed, approved, and adopted this 19th day of August 2019. Roy D. Buol, Mayor 4 Attest: Kevin S. Firnstahl, City Clerk 10. Addendum to the Administrative Services Agreement between the City of Dubuque and RxBenefits, Inc.: City Manager recommended approval of an addendum to the Ad- ministrative Services Agreement between the City of Dubuque and RxBenefits, Inc. that establishes the prescription drug plan rebates and discounts effective January 1, 2019. Upon motion the documents were received, filed and approved. 11. Amendment to the Collective Bargaining Agreement between the City and the In- ternational Union of Operating Engineers, Local #234 : City Manager recommended ap- proval of an Amendment to the Collective Bargaining Agreement with the International Union of Operating Engineers, Local #234, effective October 1, 2019 through September 30, 2020. Upon motion the documents were received, filed and approved. 12. Restrictive Covenant for 445 Loras Boulevard : City Manager recommended ap- proval of a resolution attaching a 21-year, single-family-occupancy, restrictive covenant to 445 Loras Boulevard. Upon motion the documents were received and filed, and Reso- lution No. 286-19 Attaching Single-Family Occupancy Restrictive Covenant to 445 Loras Boulevard, Dubuque, Iowa was adopted. RESOLUTION NO. 286-19 ATTACHING SINGLE FAMILY OCCUPANCY RESTRICTIVE COVENANT TO 445 LO- RAS BOULEVARD, DUBUQUE, IA Whereas, the City desires to attach restrictive covenants to 445 Loras Boulevard prior to disposal of said property; and Whereas, said property will be disposed of by the City and the City desires said prop- erty to be owner-occupied for a period of twenty-one (21) years after the sale. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque approves the restrictive covenants for 445 Loras Boulevard, legally described as: Lot 5 of the Subdivision of Out Lot 667 in the City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Restrictive Covenant for the above described real estate. Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy of this Resolution to the City Attorney’s Office for recording in the Office of the Dubu- que County Recorder. Passed, approved, and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Chaplain Schmitt Veteran's Memorial Project - Rejection of Bids: City Manager recommended rejection of the bids received for the Chaplain Schmitt Veterans Memorial Project due to all three bids being substantially over the estimated construction cost. Upon 5 motion the documents were received and filed, and Resolution No. 287-19 Rejecting com- petitive bid proposals received for the Chaplain Schmitt Veteran's Memorial Project was adopted. RESOLUTION NO. 287-19 REJECTING COMPETITIVE BID PROPOSALS RECEIVED FOR THE CHAPLAIN SCHMITT VETERAN’S MEMORIAL PROJECT Whereas, three (3) competitive sealed bid proposal was submitted by three (3) con- tractors for the Chaplain Schmitt Veterans Memorial Project (the Project) pursuant to Res- olution No. 247-19 and a Notice to Bidders published the City of Dubuque Website www.cityofdubuque.org/bids, Master Builders of Iowa Plan Room mbiplanroom- dsm@mbionline.com and posted to the Master Builders Construction Update Network on the 2nd day of July 2019; and Whereas, the three (3) competitive sealed bid proposal were opened and read on th e 1st day of August 2019; and Whereas, the City Council has deemed it advisable to reject the three (3) competitive sealed bid proposals for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The three (3) competitive sealed bid proposals for the Chaplain Schmitt Veterans Memorial Project are hereby rejected. Section 2. The City Clerk is authorized and instructed to return the bid deposit of the unsuccessful bidders for the Chaplain Schmitt Veterans Memorial Project. Passed, approved, and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Acceptance of 2019 Asphalt Overlay Ramp Project One : City Manager recom- mended acceptance of the construction contract for the 2019 Asphalt Overlay Access Ramp Project One as completed by Drew Cook & Sons Excavating Co. Inc. Upon motion the documents were received and filed, and Resolution No. 288-19 Accepting the 2019 Asphalt Overlay Access Ramp Project one and authorizing the final payment to the con- tractor was adopted. RESOLUTION NO. 288-19 ACCEPTING THE 2019 ASPHALT OVERLAY ACCESS RAMP PROJECT ONE AND AUTHORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2019 Asphalt Overlay Access Ramp Project One, (the Project) has been completed by the Contractor, Drew Cook & Sons Excavating Co. Inc. (Contractor), and the City Engineer has examined the work and signed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $141,684.93; and Whereas, the Contractor has previously been paid $134,600.68, leaving a balance of $7,084.25; and 6 Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Curb Ramp Program CIP appropriations for the contract amount of $141,684.93 less any retained percentage provided for therein as provided in Iowa Code. Section 3. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $7,084.25 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2019 ASPHALT OVERLAY ACCESS RAMP PROJECT ONE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2019 Asphalt Overlay Access Ramp Project One, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $162,937.67. Dated this 15th day of August 2019. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of August 2019. /s/Kevin S. Firnstahl, City Clerk 15. Acceptance of 2019 Asphalt Overlay Ramp Project Two : City Manager recom- mended acceptance of the construction contract for the 2019 Asphalt Overlay Access Ramp Project Two, as completed by Midwest Concrete, Inc. Upon motion the documents were received and filed, and Resolution No. 289-19 Accepting the 2019 Asphalt Overlay Access Ramp Project Two and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 289-19 ACCEPTING THE 2019 ASPHALT OVERLAY ACCESS RAMP PROJECT TWO AND AUTHORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2019 Asphalt Overlay Access Ramp Project Two, (the Project) has been completed by the Contractor, Midwest Concrete, Inc. (Contractor), and the City Engineer has examined the work and signed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $131,102.45; and Whereas, the Contractor has previously been paid $124,547.33, leaving a balance of $6,555.12; and 7 Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Curb Ramp Program CIP appropriations for the contract amount of $131,102.45 less any retained percentage provided for therein as provided in Iowa Code. Section 3. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $6,555.12 as provided in Iowa Code Chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code Chapter 573 or Iowa Code Chapter 26.13. Passed, approved and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2019 ASPHALT OVERLAY ACCESS RAMP PROJECT TWO The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2019 Asphalt Overlay Access Ramp Project Two, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $150,767.82. Dated this 15th day of August 2019. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of August 2019. /s/Kevin S. Firnstahl, City Clerk 16. Acceptance of 2019 Asphalt Overlay Ramp Project Three: City Manager recom- mended acceptance of the construction contract for the 2019 Asphalt Overlay A ccess Ramp Project Three, as completed by Midwest Concrete, Inc. Upon motion the docu- ments were received and filed, and Resolution No. 290-19 Accepting the 2019 Asphalt Overlay Access Ramp Project Three and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 290-19 ACCEPTING THE 2019 ASPHALT OVERLAY ACCESS RAMP PROJECT THREE AND AUTHORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2019 Asphalt Overlay Access Ramp Project Three, (the Project) has been completed by the Contractor, Midwest Concrete, Inc. (Contractor), and the City Engineer has examined the work and signed a certificate stating that the Project has been completed according to the terms of the Public Improve- ment Contract and that the City Engineer recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $132,154.55; and Whereas, the Contractor has previously been paid $125,546.82, leaving a balance of $6,607.73; and 8 Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Curb Ramp Program CIP appropriations for the contract amount of $132,154.55 less any retained percentage provided for therein as provided in Iowa Code. Section 3. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $6,607.73 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF 2019 ASPHALT OVERLAY ACCESS RAMP PROJECT THREE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2019 Asphalt Overlay Access Ramp Project Three, and that said Pro- ject has been performed in compliance with the terms of the Public Improvement Con- tract, and that the total cost of the completed work is $145,370.01. Dated this 15th day of August 2019. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of August 2019. /s/Kevin S. Firnstahl, City Clerk 17. 2019 Voluntary Sidewalk Repairs Assessments Needham Place (5 th to 7th Streets): City Manager recommended approval of a resolution to establish the Final Assessment Schedule for the 2019 Voluntary Sidewalk Repairs Assessments for Needham Place, 5 th Street to 7th Street. Upon motion the documents were received and filed, and Resolution No. 291-19 Adopting the Final Assessment Schedule for Voluntary Assessment Project on Needham Place Sidewalks - 5th Street to 7th Street was adopted. RESOLUTION NO. 291-19 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR VOLUNTARY ASSESS- MENT PROJECT ON NEEDHAM PLACE SIDEWALKS 5TH STREET TO 7TH STREET 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 attached sheet(s), Page 1 to Page 1 inclusive; is hereby approved for the Voluntary Sidewalk As- sessment Project on Needham Place. 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 9 against the respective properties benefited by the improvements as shown in the Final 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 of $500.00 or more are payable in 15 annual installments at the County Treas- urer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%) computed to December 1 next following the due dates of the respective installments 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. Unpaid balances will draw the same delinquent interest as ordinary taxes. Passed, approved and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments for Voluntary Assessment Project on Needham Place Sidewalks 5th Street to 7th Street Parcel Number; Property Owner Name Lot Description; Street Address; Total Net As- sessment 1025136010; Nicole L. Depaul & Rodney A. Ratzlaff; S 125' of Lot 1 in Coriell's Dubu- que; 597 W. 5th Street; $933.54 1025136005; Miles H. Greenwood; N 61' of Lots 1 & 2 in Coriell's Dubuque; 598 Need- ham Pl.; $500.26 18. Acceptance of Sanitary Sewer Improvements across Cedar Ridge Farm Place No. 16: City Manager recommended acceptance of the public improvements, including sani- tary sewer and appurtenances, that the developer, Nemmers Cedar Ridge Farm Limited Partnership, has recently completed across Part of Lot 1 in Cedar Ridge Farm Place No. 16. Upon motion the documents were received and filed, and Resolution No. 292-19 Ac- cepting Public Sanitary Sewer Improvements Across Part of Lot 1 of Cedar Ridge Farm Place No. 16 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 292-19 ACCEPTING PUBLIC SANITARY SEWER IMPROVEMENTS ACROSS PART OF LOT 1 OF CEDAR RIDGE FARM PLACE NO. 16, IN THE CITY OF DUBUQUE, IOWA 10 Whereas, pursuant to Sanitary Sewer Construction Agreement dated December 28, 2018, a copy of which is attached hereto, certain public improvements including sanitary sewer and appurtenances, were installed by Nemmers Cedar Ridge Farm Limited Part- nership; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements across Part of Lot 1 in Cedar Ridge Farm Place No. 16 in the City of Dubuque, be and the same is hereby accepted. Section 2. That a maintenance guarantee covering said public improvements shall be provided by the owners, Nemmers Cedar Ridge Farm Limited Partnership, for a period of two (2) years from the date of this resolution. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Acceptance of Storm Water Detention Facility Improvements in Pebble Cove Sub- division: City Manager recommended acceptance of the public storm water detention fa- cility improvements that the developer, Kivlahan Farms L.C., has recently completed in Pebble Cove Subdivision Phase 1. Upon motion the documents were received and filed, and Resolution No. 293-19 Accepting Public Storm Water Detention Facility Improve- ments in Pebble Cove Subdivision (Phase 1), in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 293-19 ACCEPTING PUBLIC STORM WATER DETENTION FACILITY IMPROVEMENTS IN PEBBLE COVE SUBDIVISION (PHASE 1), IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 171-08, certain public storm water detention facility improvements were installed by the developer of Pebble Cove Subdivision (Phase 1) in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public storm water detention facility improvements in Pebble Cove Subdivision (Phase 1) be and the same is hereby accepted. Passed, approved, and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11 20. Acceptance of the Dubuque Skate Park Project : City Manager recommended ac- ceptance of the Dubuque Skate Park Project, as completed by Drew Cook and Sons Excavating, Inc. Upon motion the documents were received and filed, and Resolution No. 294-19 Accepting the Dubuque Skate Park Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 294-19 ACCEPTING THE DUBUQUE SKATE PARK PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Dubuque Skate Park Project (the Project) has been completed by the contractor and Pillar Design Studios has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that th e Pillar Design Studios recom- mends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the Pillar Design Studios is approved, and the Pro- ject is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Dubuque Skate Park Project capital improvement appropriation for the contract amount of $731,899.95 less any retained percentage provided for th erein as provided in Iowa Code Chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code Chapter 573. Passed, adopted, and approved this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Acceptance East Blum Deconstruction Project: City Manager recommended ac- ceptance of the public improvement contract for the Building Deconstruction Project at the East Blum Site as completed by S&S Builders. Upon motion the documents were received and filed, and Resolution No. 295-19 Accepting the East Blum Site Building De- construction Project was adopted. RESOLUTION NO. 295-19 ACCEPTING THE EAST BLUM SITE BUILDING DECONSTRUCTION PROJECT Whereas, the Public Improvement contract for the East Blum Site Building Deconstruc- tion Project, (the Project) has been completed by the Contractor, S&S Builders (Contrac- tor), the City Project Manager has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $18,000.00; and Whereas, the Contractor has previously been paid $17,100.00, leaving a balance of $900.00; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $900.00 as provided in Iowa Code Chapter 573, and to pay such re- tainage in accordance with the provisions of Iowa Code Chapter 573. Passed, approved, and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE EAST BLUM SITE BUILDING DECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the East Blum Site Building Deconstruction Project, and the said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $18,000.00. Dated this 14th day of August 2019 /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk in the 14th day of August 2019. /s/Kevin S. Firnstahl, CMC, City Clerk 22. Acceptance of the Orchard Drive Water Main Extension Project: City Manager rec- ommended acceptance of the construction contract for the Orchard Drive Water Main Extension Project, as completed by Drew Cook & Sons Excavating Company, Inc. Upon motion the documents were received and filed, and Resolution No. 296-19 Accepting the Orchard Drive Water Main Extension Project and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 296-19 ACCEPTING THE ORCHARD DRIVE WATER MAIN EXTENSION PROJECT AND AU- THORIZING THE FINAL PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Orchard Drive Water Main Extension Project, (the Project) has been completed by the Contractor, Drew Cook & Sons Exca- vating Company, Inc. (Contractor), and the City Engineer has examined the work and signed a certificate stating that the Project has been completed according t o the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $29,083.35; and Whereas, the Contractor has previously been paid $27,629.18, leaving a balance of $1,454.17; 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: 13 Section 1. The recommendation of the City Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Roosevelt Water Main Extension CIP appropriations for the contract amount of $33,445.85 less any retained percentage provided for therein as provided in Iowa Code. Section 3. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $1,454.17 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF ORCHARD DRIVE WATER MAIN EXTENSION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Orchard Drive Water Main Extension Project, and that said Project has been performed in compliance with the terms of the Public Impro vement Contract, and that the total cost of the completed work is $33,445.85. Dated this 15th day of August 2019. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 15th day of August 2019. /s/Kevin S. Firnstahl, City Clerk 23. Recording the Award for the Van Buren Street Energy Dissipator Project : City Man- ager recommended that the award for the Van Buren Street Energy Dissipator Project to Drew Cook & Sons Excavating Co., Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 24. Recording the Award for the Hillcrest Road / Rosemont Street Storm Sewer Re- construction Project: City Manager recommended that the award for the Hillcrest Road / Rosemont Street Storm Sewer Reconstruction Project to Temperly Excavating, Inc., be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 25. Signed Contracts: Blackstone Environmental (2) for environmental support ser- vices and Chromium VI Data Review at the Water Treatment Plant; Dubuque County Lease Agreement for Federal Building space; Eastern Iowa Asphalt Maintenance, Inc. for resurfacing/restriping 6 surface lots; Kone Elevator Maintenance Renewal Agreement; 563Design Amendment No. 3 for Multicultural Family Center; IIW Professional Services Inspection Contract for Roosevelt Street Water Tower Project; James Orr Coating Inspec- tion, LLC for Roosevelt St. Water Tower Technical Coating Inspection Services; Racom 800Mhz Radio Agreement. Upon motion the documents were received and filed. 26. Alcohol and Tobacco License Applications: City Manager recommended approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion 14 the documents were received and filed, and Resolution No. 297-19 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits ; and Resolution No. 298-19 Approving ap- plications for retail cigarette/tobacco sales/nicotine/vapor permits, as requ ired by Iowa Code Chapter 453A.47A were adopted. RESOLUTION NO. 297-19 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 Holy Spirit Church, Dubu- que 2981 Central Ave. Class C Beer, Class B Native Wine (Sunday) Hy-Vee #1 Market Cafe 3500 Dodge St. Class C Liquor (Catering)(Sun- day) Kwik Stop Food Mart 2255 Kerper Blvd. Class C Beer, Class B Native Wine (Sunday) Mystique Community Ice Center 1800 Admiral Sheehey Dr. Class C Liquor, Class B Native Wine (Outdoor) (Sunday) Pete's Thai Kitchen 609 East 22nd St. Class C Liquor (Sunday) Sid's Beverage Store 2727 Dodge St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Super stop III 1101 Rhomberg Ave. Class E Liquor, Class B Wine, Class C Beer (Sunday) Texas Roadhouse 845 Wacker Dr. Class C Liquor (Catering) (Out- door) (Sunday) Tri-State Independent Blind Society 1068 Cedar Cross Rd. Special Class C Liquor West Dubuque Tap 1701 Asbury Rd. Class C Liquor (Sunday) New Driftless Catering 168 E 10th St. Class C Liquor (Sunday) 15 Charlotte’s Coffee House 1104 White St. Special Class C Liquor, Class B Wine (Outdoor) (Sunday) Special Event(s) per Special Event Application Submittal Dubuque Main Street 8-23 Caradco Courtyard Special Class C Liquor (Outdoor) (Camp) Albrecht Acres 9- 17 AY McDonald Park Special Class C Liquor (Outdoor) Hilton Garden Inn 8-23 and 9-20 Events 1801 and 1855 Greyhound Park Dr. Adding outdoor Evans Wedding 9-11 Eagle Point Park Shelter Class C Liquor (Outdoor) Passed, approved, and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 289-19 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO- TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and 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 following named applicants and locations for cigarette/tobacco sales perm it. Business Name Business Address Central Grocery and Beauty, Inc. 1572 Central Ave. Passed, approved, and adopted this 19th day of August, 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Resnick to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 5-0. 1. Vacate Public Utility Easements for Padre Pio Health Care Center, Inc. (Stone Hill): City Manager recommended that the City Council set a public hearing for September 3, 2019 on the disposal of the City’s interest in a Public Utility Easement of Stone Hill Com- munity Subdivision. Upon motion the documents were received and filed, and Resolution No. 299-91 Resolution of Intent to vacate and dispose of City interest in a Public Utility Easement over and across Lot 1-1-3 of Stone Hill Community Subdivision #1, in the City of Dubuque, Iowa was adopted, setting a public hearing for a meeting to commence at 6:00 p.m. on September 3, 2019 in the Historic Federal Building. 16 RESOLUTION NO. 299-19 RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PUB- LIC UTILITY EASEMENT OVER AND ACROSS LOT 1-1-3 OF STONE HILL COMMU- NITY SUBDIVISION # 1, IN THE CITY OF DUBUQUE, IOWA Whereas, Padre Pio Health Care Center Inc. is the current owner of Lot 1-1-3 of Stone Hill Community Subdivision # 1, in the City of Dub uque, Dubuque County, Iowa; and Whereas, a public utility easement was platted over a portion of Lot 1-1-3 of Stone Hill Community Subdivision # 1 according to the Survey Plat for the same recorded as Instru- ment Number 3173-79, in the office of the Dubuque County Recorder; and Whereas, Padre Pio Health Care Center Inc., owner of Lot 1-1-3 of Stone Hill Commu- nity Subdivision # 1, are planning a proposed building addition on the property and whereas the proposed location of the improvements lies over said utility easement; and Whereas, Padre Pio Health Care Center Inc. have petitioned to vacate a portion of the public utility easement across a portion of said Lot 1-1-3 of Stone Hill Community Subdi- vision # 1 in order to facilitate the construction of the proposed improvements. 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 a portion of the public utility easement across a portion of Lot 1-1-3 of Stone Hill Community Subdivision # 1 in the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit A. Section 2. That any and all applicable publication and recording fee s are to be paid by Padre Pio Health Care Center Inc. Section 3. That a public hearing on the intent to vacate and dispose of City interest in a portion of the public utility easement across portions of Lot 1-1-3 of Stone Hill Commu- nity Subdivision # 1 in the City of Dubuque, Dubuque County, Iowa, is hereby set for the 3rd day of September, 2019, at the Historic Federal Building, 350 W. 6 th 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 interest to be published in the manner as prescribed by law. Passed, approved and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Fire Station No. 6 Improvements: City Manager recommended initiation of the public bidding procedure for Fire Station 6 External Stairwell Addition Project, and further rec- ommends that a public hearing be set for September 3, 2019. Upon motion the documents were received and filed, and Resolution No. 300-19 Preliminary approval of plans, spec- ifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the advertiseme nt for bids was adopted, setting a public hearing for a meeting to commence at 6:00 p.m. on September 3, 2019 in the Historic Federal Building. RESOLUTION NO. 300-19 FIRE STATION 6 EXTERNAL STAIRWELL ADDITION PROJECT 17 PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Fire Station 6 External Stairwell Addition Project in the estimated amount $203,900.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 3rd day of September 2019, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6 th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or esti- mated cost of the Project. The Fire Station 6 External Stairwell Addition Project is hereby ordered to be adver- tised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the Notice to Bidders to be published on the City of Dubuque website and a contractor plan room service with statewide circulation, which notice shall be published not less than thirteen but not more than forty -five days before the date for filing bids before 2:30 p.m. on the 10th day of September 2019. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 16th day of September 2019, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this the 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Fiscal Year 2020 Budget Amendment No. 1: City Manager recommended that the first Fiscal Year 2020 Budget Amendment be set for public hearing for September 3, 2019. Upon motion the documents were received and filed, and Resolution No. 301-19 Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 20 20 Budget for the City of Dubuque was adopted, setting a public hearing for a meeting to commence at 6:00 p.m. on September 3, 2019 in the Historic Federal Building. RESOLUTION NO. 301-19 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE FISCAL YEAR 2020 BUDGET FOR THE CITY OF DUBUQUE 18 Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on amendments to the budget and publish notice before the hearing as provided in Iowa Code Section 362.3. 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 proposed Amend- ment No. 1 to the Fiscal Year 2020 budget for the City of Dubuque at the City Council Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Tues- day, September 3,2019, beginning at 6:00 p.m. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing, according to law, together with the required budget infor- mation. Passed, approved, and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following board/commission. 1. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2022 (Vacant term of Lohrmann) Applicants: Candace Eudaley-Loebach, 1715 Glen Oak St.; Trevor Fannon, 476 Central Ave. Ms. Eudaley-Loebach spoke in favor of her appoint- ment. 2. Housing Commission: One, 3-Year term through August 17, 2022 (Expiring term of Borovic) Applicant: David Wall, 1710 ½ White St. Motion by Jones to appoint Mr. Wall to the 3-year term through August 17, 2022. Seconded by Resnick. Motion carried 5-0. 3. Housing Trust Fund Advisory Committee: One, 3-Year term through August 17, 2022 (Expiring term of Walsh). Applicant: Dorothy Schwendinger, 3390 Windsor Ave. Motion by Jones to appoint Mr. Schwendinger to the 3 -year term through August 17, 2022. Se- conded by Larson. Motion carried 5-0. PUBLIC HEARINGS 1. Institutional District (ID) Amendment - 3475 & 3485 Windsor Ave, and 1001 Assisi Drive (Stonehill/Assisi Village): Proof of publication on notice of public hearing to consider approval of a request from Benjamin Beard to rezone property at 3475, 3485 Windsor Avenue, and 1001 Assisi Drive to unify the current ID Institutional, Planned Unit Develop- ment and R-1 Single-Family Zoning Districts of the Padre Pio Health Center and Assisi Village into a single, Planned Unit Development with a Planned Residential designation, and to allow an addition to be built on the south side of the Assisi Village building; and the Zoning Advisory Commission recommending approval. Restated motion by Larson to 19 receive and file the documents and pass the first reading of a proposed ordinance amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Re- scinding Ordinances 66-95, 25-97, 45-11 and 36-16 Approving an Amended Conceptual Development Plan for the Padre Pio Health Care Center and Assisi Village, Rezone the Existing Institutional District to Planned Unit Development, and Rezone Property Along Sheridan Road from R-1 to Planned Unit Development. Seconded by Del Toro. City Plan- ning Services Manager Laura Carstens provide a staff report. Motion carried 5 -0. 2. Vacating a Grant of Easement for Water Main and Sanitary Sewer Utilities over property on Marquette Place: Proof of publication on notice of public hearing to approve vacating a Grant of Easement for Water Main and Sanitary Sewer Utilities over Lot 1 of Hefel Place owned by Christopher M. Hefel, as part of the Marquette Place Street Sani- tary Sewer and Water Main Reconstruction Project and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 302-19 Disposing of property by vacating City interest in an easement for water main and sanitary sewer utilities over and across Lot 1 of Hefel Place, in the City of Dubuque, Iowa Seconded by Resnick. Motion carried 5-0. RESOLUTION NO. 302-19 DISPOSING OF PROPERTY BY VACATING CITY INTEREST IN AN EASEMENT FOR WATER MAIN AND SANITARY SEWER UTILITIES OVER AND ACROSS LOT 1 OF HEFEL PLACE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 277-19, dated the 5th day of August 2019, declared its intent to dispose of City interest in utility easements on real property, legally described as: Lot 1 of Hefel Place, in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof (the Property); and Whereas, an Easement for Water Main and Sanitary Sewer Utilities over a portion of Lot 1 of Hefel Place was granted to and accepted by the City of Dubuque according to Instrument No. 2019-00002781 and recorded in the office of the Dubuque County Re- corder; and Whereas, in the Spring of 2019, Christopher Hefel had granted the above said water main and sanitary sewer utilities easement over the property based on the original design alignment for the Marquette Place Sanitary Sewer and Water Main Reconstruction Pro- ject; and Whereas, during the course of said reconstruction project, the water main and sanitary sewer alignment was revised so as to have less of an impact on Hefel’s lot improvements, including a retaining wall and deck; and Whereas, the property owner has granted a new utility easement over the revised wa- ter main and sanitary sewer alignment area; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 19th day of August 2019 at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that City interest in the utility ease- ments at the Property as shown on the attached Exhibit A should be vacated and doing so is in the public interest of the City of Dubuque. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The City hereby vacates all interest in utility easements located at the Prop- erty as shown on the attached Exhibit A. Section 2. The City Clerk is hereby authorized to and directed to record this resolution with the Dubuque County Recorder. Passed, approved, and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Westside Water System Fire Hydrant Installation Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Westside Water System Fire Hydrant Installation Project, and the City Manager recommending approval. Motion by Resnick to receive and file the doc- uments and adopt Resolution No. 303-19 Approval of plans, specifications, form of con- tract, and estimated cost for the Westside Water System Fire Hydrant Installation Project Seconded by Jones. Motion carried 5-0. RESOLUTION NO. 303-19 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE WESTSIDE WATER SYSTEM FIRE HYDRANT INSTALLA- TION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Westside Water System Fire Hydrant Installation Project in the amount of $234,967, are hereby are hereby approved. Passed, approved, and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS 1. Awarding Contract for the Eagle Point Park Environmental Restoration Project – (Phase 1) Turf Conversion & Soil Quality Restoration: City Manager recommended award of the contract for the Eagle Point Park Environmental Restoration Project - Phase 1 Turf Conversion & Soil Quality Restoration to the sole bidder, Applied Ecological Services. Motion by Larson to receive and file the documents and adopt Resolution No. 304-19 Awarding the public improvement contract for the Eagle Point Park En vironmental Res- toration Project (Phase 1) Turf Conversion and Soil Quality Restoration (SQR). Seconded by Jones. Motion carried 5-0. RESOLUTION NO. 304-19 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE EAGLE POINT PARK ENVIRONMENTAL RESTORATION PROJECT: PHASE 1) TURF CONVER- SION AND SOIL QUALITY RESTORATION (SQR) 21 Whereas, sealed proposals have been submitted by contractors for the Eagle Point Park Environmental Restoration Project: Phase 1) Turf Conversion and Soil Quality Res- toration (SQR), pursuant to Resolution No. 263-19 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 18th day of July 2019; and Whereas, said sealed proposals were opened and read on the 8th day of August 2019 and it has been determined that Applied Ecological Services of Dubuque, Iowa, with a bid in the amount of $326,225.20 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 Applied Eco- logical Services and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved, and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Crown Holdings, Inc. Contract with Iowa Economic Development Authority (IEDA): City Manager recommended approval of a contract among Crown Holdings, Inc. and Sub- sidiaries and Crown Cork & Seals USA, Inc., the City of Dubuque, and the Iowa Economic Development Authority. Motion by Jones to receive and file the documents and adopt Resolution No. 305-19 Authorizing the execution of a contract for State Busin ess Finan- cial Assistance by and among Crown Holdings, Inc., and Subsidiaries and Crown Cork & Seals USA, Inc., the City of Dubuque, Iowa, and the Iowa Economic Development Au- thority. Seconded by Del Toro. Motion carried 5-0. RESOLUTION NO. 305-19 AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS FINAN- CIAL ASSISTANCE BY AND AMONG CROWN HOLDINGS, INC. AND SUBSIDIARIES AND CROWN CORK & SEALS USA, INC., THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY Whereas, Crown Holdings, Inc. and Subsidiaries and Crown Cork & Seals USA, Inc. (Crown Holdings) has proposed making an approximately Four Million Eight Hundred Eighty Thousand Dollar ($4,880,000.00) investment in a machinery and equipment pur- chase/installation, building remodeling, and capital lease costs at the property at 7500 Chavenelle Road in the City of Dubuque, Iowa which will allow the creation of Forty -Two (42) full-time jobs in the City (the Project); and Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal and has determined that the Project will contribute to the local economy; and Whereas, financial assistance from the Iowa Economic Development Authority is de- signed to assist in the economic development efforts of local jurisdictions; and Whereas, the Iowa Economic Development Authority has requested execution of an Economic Development Assistance Contract in order to finalize incentives and document associated terms for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF DUBUQUE, IOWA: 22 Section 1. That the execution of the Economic Development Assistance Contract 20 - HQJP-001 for participation in the Iowa Economic Development Authority’s Financial As- sistance Program on behalf of Crown Holdings, Inc. and Subsidiaries a nd Crown Cork & Seals USA, Inc., a copy of which is attached hereto, is hereby approved. Section 2. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit Economic Development Assistance Contract 20 -HQJP-001 to the Iowa Economic Development Authority together with such other documents as may be required. Passed, approved, and adopted this 19th day of August, 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Cellular Telephone L.P. (US Cellular) Proposed Master Lease Agreement and Sup- plement: City Manager recommended approval of a Master Lease Agreement and Sup- plement for US Cellular to deploy “small cell” infrastructure in Dubuque in the future. Mo- tion by Jones to receive, file, and approved the documents. Seconded by Resnick. Re- sponding to questions from the City Council David Lyons, Sustainable Innovations Con- sultant for Greater Dubuque Development Corporation, stated that using a lease supple- ment expedites installations in comparison to renegotiating a new lease for each instance and that the City retains rights over its poles in terms of cameras and power, etc. Mr. Lyons added that the City Council will have total review if there is future movement to 5G and will have authority over public notifications. He also noted that the FCC has new studies regarding the safety of 5G, but that the issue remains unresolved. Motion carried 5-0. 4. Hillcrest Road - Rosemont Street Detention Basin Easement Agreement with Plastic Center, Inc.: City Manager recommended approval of an Easement Agreement to acquire an easement from Plastic Center, Inc. for the Hillcrest-Rosemont Detention Basin Project and acceptance of a Grant of Easement from Plastic Center, Inc. Motion by Jones to receive and file the documents and adopt Resolution No. 306-19 Approving an Easement Agreement between the City of Dubuque, Iowa and Plastic Center, Inc., and accepting the Grant of Easement from Plastic Center, Inc. Seconded by Del Toro. Motion carried 5- 0. RESOLUTION NO. 306-19 APPROVING AN EASEMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND PLASTIC CENTER, INC. AND ACCEPTING THE GRANT OF EASEMENT FROM PLASTIC CENTER, INC. Whereas, the City of Dubuque, Iowa (City) and Plastic Center, Inc. (PCI) have tenta- tively entered into an Easement Agreement for the Hillcrest-Rosemont Detention Basin Project; and Whereas, pursuant to the Easement Agreement, PCI has delivered to City a Grant of Easement as required by the Easement Agreement; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Easement Agreement and accept the Grant of Easement. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Easement Agreement is hereby approved and the C ity Manager is au- thorized and directed to sign the Easement Agreement on behalf of the City of Dubuque. Section 2. The Grant of Easement from Plastic Center, Inc. is hereby accepted. Passed, approved and adopted this 19th day of August 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. East-West Corridor Moratorium Extension: City Manager recommended approval of a three-year extension to the moratorium for construction, rezoning, subdivision review, and site plan approval in the East-West Corridor Study Area. Motion by Jones to receive and file the documents and pass the first reading of a proposed ordinance Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14 -2-4 Moratorium for Construction or Other Work on Certain Streets, Areas, or Facilities by Extending th e Moratorium. Se- conded by Del Toro. Motion carried 5-0 6. Code of Ordinances Amendment - Title 9 Residential Parking Permit Program Lim- itations: City Manager recommended an amendment to existing City Ordinance 9-14- 321.722 (B): Residential Parking Permit Program Established - Parking Study to include amendments to the timeline for completing a parking study in the petitioned area, maxi- mum number of site visits, and setting minimum conditions for City Council approval for creation of a residential parking permit district. Motion by Jones to receive and file the documents and pass the first reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321-722 Residential Parking Permit Program Established. Seconded by Resnick. Responding to questions from the City Council, City Engineering Gus Psihoyos stated that the City has tried to perfect the pro- gram over the years and has not modeled it after any city. Motion carried 5-0. 7. Code of Ordinances Amendment - Title 14 Adoption of the 2017 National Electric Code: City Manager recommended approval of an amendment to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes, Arti- cle D Electric Code. Motion by Larson to receive and file the documents and pass the first reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article D Electrical Code, Sections 14-1D-1 National Electrical Code Adopted and 14-1D-2 National Electrical Code Amend- ments. Seconded by Del Toro. Motion carried 5-0. 8. Code of Ordinances Amendment - Title 14 Adoption of the 2018 International I- Codes: City Manager recommended adoption of amendments to the City of Dubuque Code of Ordinances, Title 14 Building and Development, Chapter 1 Building Codes that update the current City of Dubuque Code of Ordinances from the 2015 editions to the 2018 editions. Motion by Jones to receive and file the documents and pass the first read- ing of a proposed ordinances: amending City of Dubuque Code of Ordinances Title 14 24 Building and Development, Chapter 1 Building Codes, Article A Building Code and Reg- ulations, Sections 14-1A-1 International Building Code Adopted And 14-1A-2 Interna- tional Building Code Amendments; Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article B Residential Code, Sections 14-1B-1 International Residential Code Adopted and 14-1B-2 International Res- idential Code Amendments; amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article F Mechanical Code, Sec- tions 14-1F-1 International Mechanical Code Adopted and Section 14 -1F-2 International Mechanical Code Amendments; Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article G Fuel Gas Code, Sections 14-1G-1 Fuel Gas Code Adopted and 14-1G-2 Fuel Gas Code Amendments; Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Build- ing Codes, Article H Plumbing Code, Sections 14-1H-1 International Plumbing Code Adopted and 14-1H-2 International Plumbing Code Amendments; Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article J Property Maintenance Code, Sections 14-1J-1 International Property Maintenance Code Adopted and 14-1J-2 International Property Maintenance Code Amendments; Amending City of Dubuque Code of Ordinances Title 14 Building and De- velopment, Chapter 1 Building Codes; Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article E Fire Code and Regulations, Section 14-1E-1 International Fire Code Adopted and 14-1E-2 International Fire Code Amendments. Seconded by Resnick. Motion carried 5-0. 9. Greenhouse Gas Inventory Update : City Manager transmitting the final report from the University of Northern Iowa’s Center for Energy and Environmental Education, which conducted an update to the Dubuque’s community-wide Greenhouse Gas Inventory. Mo- tion by Resnick to receive and file the documents. Seconded by Del Toro. Motion carried 5-0. COUNCIL MEMBER REPORTS Reading from a prepared statement, Council Member Kate Larson announced her res- ignation from the Third Ward Council seat as of December 31, 2019 adding that it has been a pleasure and honor serving the citizens of the Third Ward. CLOSED SESSION Professional Evaluation(s) – Chapter 21.5(1)(i) Code of Iowa Motion by Larson to convene in closed session at 6:42 p.m. to discuss professional evaluations pursuant to Chapter 21.5(1)(i) of the Code of Iowa. Seconded by Del Toro. Mayor Buol stated for the record that the attorney who will consult with City Council on the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Upon motion, the City Council reconvened in open session at 7:32 p.m. stating that staff had been given proper direction. 25 There being no further business, upon motion the City Council adjourned at 7:33 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk