Loading...
10 21 19 City Council Proceedings Official_Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on October 21, 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, Resnick, Rios, Shaw; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a regular session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1. Lead Poisoning Prevention Week (October 20 -26, 2019) was accepted by City of Dubuque Resiliency Coordinator Sharon Gaul. 2. Lights on After School Day (October 24, 2019) was accepted by Beth McGorry, Outreach Coordinator, St. Mark Youth Enrichment, 1201 Locust Street. 3. Extra Mile Day (November 1, 2019) was accepted by City of Dubuque Ameri- Corps/VISTA Program Director Heather Slatterly. CONSENT ITEMS Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Del Toro. Council Members Shaw, Resnick and Jones requested No. 5 be held for separate discussion; and Diane McClain, 255 Bradley Street, requested Nos. 24 & 25 be held for separate discussion. Motion carried 6 -0. 1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 9/27; Arts and Cultural Affairs Master Plan Task Force of 9/24; City Council Proceedings of 10/7; Community Development Advisory Commission of 9/18; Library Board of Trus- tees of 8/22; Zoning Advisory Commission of 10/2; Zoning Board of Adjustment of 9/26 . Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Roxanne Ties Brenner for property damage, Matthew and Amanda Saylor for property damage, Sheri Scheffert for property damage . Upon mo- tion the documents were received, filed, and referred to the City Attorney. 2 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Roxanne Ties Brenner for property damage, Matthew and Amanda Saylor for property damage, Sheri Scheffert for property damage . Upon motion the documents were received, filed, and concurred. 4. Approval of City Expenditures: City Manager recommending City Council approval for payment of City expenditures. Upon motion the documents were received and filed, and Resolution No. 368-19 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. 368-19 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 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 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. 2020 State Legislative Priorities: City Manager recommending approval of the City of Dubuque 2020 State Legislative Priorities to be presented to legislators at the annual 3 Legislative Dinner. Motion by Shaw to receive and file the documents and strike the lan- guage associated to addressing unemployment benefits for seasonal employees. Se- conded by Resnick. Responding to questions from the City Council, City Manager Van Milligen stated that the intent is to eliminate unemployment benefits only for temporary employees hired to limited-term positions. Chandra Ravada, Transportation Director for ECIA, spoke about adding rail transportation to the priorities and about the City of Water- loo’s interest in studying a rail link from Dubuque to Waterloo. Motion failed 3-3. Motion by Shaw to receive and file and approve the documents. Seconded by Resnick. Motion carried 5-1 with Rios voting nay. 6. 2019 City Council Goals and Priorities: City Manager providing a copy of the 2019 City Council Goals and Priorities public information brochure. Upon motion the document was received and filed. 7. City Manager Letter to State Legislators - State of Iowa Needs to be an Equitable State of Choice: City Manager submitting a copy of his letter to State legislators on how the State of Iowa needs to be an equitable state of choice. Upon motion the documents were received and filed. 8. Sustainable Dubuque Grant Recommendations: City Manager recommending ap- proval of the Resilient Community Advisory Commission's recommendation for funding of nine projects from the Sustainable Dubuque Community Grant Program. Upon motion the documents were received, filed and approved. 9. Metx, LLC Amendment to Development Agreement : City Manager recommending approval of an Amendment to Development Agreement with Metx, LLC that provides fo r the purchase price due at closing will be paid from the TIF funds received. Upon motion the documents were received, filed and approved. 10. East Central Development Corporation Assignment of Agreements to Community Solutions of Eastern Iowa: City Manager recommending approval of the Assignment of Purchases of Services and Agreement for services between East Central Development Corporation and Community Solutions of Eastern Iowa and authorizes the Mayor to exe- cute the new Purchase of Services Agreement and the Continuum of Care agreement with Community Solutions of Eastern Iowa on behalf of the City. Upon motion the docu- ments were received and filed, and Resolution No. 369-19 Approving the Assignment of a Purchase of Services Agreement between the City of Dubuque and East Central De- velopment Corporation from East Central Development Corporation to Community Solu- tions Eastern Iowa; and Resolution No. 370-19 Approving an Agreement for services be- tween the City of Dubuque and East Central Development Corporation from East Central Development Corporation to Community Solutions of Eastern Iowa were adopted. RESOLUTION NO. 369-19 4 APPROVING THE ASSIGNMENT OF A PURCHASE OF SERVICES AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND EAST CENTRAL DEVELOPMENT CORPO- RATION FROM EAST CENTRAL DEVELOPMENT CORPORATION TO COMMUNITY SOLUTIONS OF EASTERN IOWA Whereas, East Central Development Corporation (ECDC) is the recipient of city funds under a Purchase of Services Agreement with the City of Dubuque, Iowa dated August 5, 2019, (the "POS Agreement"); and Whereas, the POS Agreement specifies various rights and obligations of the ECDC and the City of Dubuque related to the use of city funds; and Whereas, ECDC desires to assign all its interest in and to the POS Agreement to Com- munity Solutions of Eastern Iowa (CSEI) and CSEI desires to accept such assignment and agrees to be bound by the terms thereof; and Whereas, the assignment by ECDC to CSEI hereunder is permanent and complete and ECDC retains no rights under the POS Agreement whatsoever as of the date hereof; and Whereas, the City of Dubuque, Iowa has authorized this Assignment in the POS Agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: 1. The City of Dubuque hereby consents to the Assignment of the Purchase of Services Agreement from ECDC to CSEI, a copy of which is attached hereto. 2. The Mayor is authorized and directed to execute the Assignment of Purchase of Services Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 370-19 APPROVING THE ASSIGNMENT OF AN AGREEMENT FOR SERVICES BETWEEN THE CITY OF DUBUQUE AND EAST CENTRAL DEVELOPMENT CORPORATION FROM EAST CENTRAL DEVELOPMENT CORPORATION TO COMMUNITY SOLU- TIONS OF EASTERN IOWA Whereas, East Central Development Corporation (ECDC) is the recipient of city funds under an Agreement for Services with the City of Dubuque, Iowa date d July 1st, 2019; and Whereas, the Agreement for Services specifies various rights and obligations of the ECDC and the City of Dubuque related to the use of city funds; and Whereas, ECDC desires to assign all its interest in and to the Agreement for Servic es to Community Solutions of Eastern Iowa (CSEI) and CSEI desires to accept such assign- ment and agrees to be bound by the terms thereof; and Whereas, the assignment by ECDC to CSEI hereunder is permanent and complete and ECDC retains no rights under the Agreement for Services whatsoever as of the date hereof; and Whereas, the City of Dubuque, Iowa has authorized this Assignment in the Agreement for Services. 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: 1. The City of Dubuque hereby consents to the Assignment of the Agreement for Ser- vices from ECDC to CSEI, a copy of which is attached hereto. 2. The Mayor is authorized and directed to execute the Assignment of Agreement for Services on behalf of the City of Dubuque. Passed, approved, and adopted this 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Finance Department Staffing Change Request: City Manager recommending ap- proval to eliminate the Budget Manager position, add an additional full-time Budget/Fi- nancial Analyst position, and add a part-time Accountant position. Upon motion the doc- uments were received, filed and approved. 12. Accepting the Chavenelle Road Storm Sewer Project: City Manager recommend- ing acceptance of the public improvement construction contract for the Storm Sewer Con- struction Chavenelle Road – First Supply 2019 Project, as completed by Eastern Iowa Excavating & Concrete, LLC. Upon motion the documents were received and filed, and Resolution No. 371-19 Accepting the Storm Sewer Construction Chavenelle Road - First Supply 2019 Project and authorizing the final payment to the contractor was adopted. RESOLUTION NO. 371-19 ACCEPTING THE STORM SEWER CONSTRUCTION CHAVENELLE ROAD – FIRST SUPPLY 2019 PROJECT AND AUTHORIZING THE FINAL PAYMENT TO THE CON- TRACTOR Whereas, the public improvement contract for the Storm Sewer Construction Cha- venelle Road – First Supply 2019 Project (the Project) has been completed by the Con- tractor, Eastern Iowa Excavating & Concrete, LLC of Cascade, IA (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 $28,341.19; and Whereas, the Contractor has previously been paid $26,938.38, leaving a balance of $1,402.81; 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 THAT: 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 General Repairs CIP appropriations for the contract amount of $28,341.19 less any re- tained 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 $1,402.81 as provided in Iowa Code chapter 573, and to pay such 6 retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved, and adopted this 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE STORM SEWER CONSTRUCTION CHAVENELLE ROAD – FIRST SUPPLY 2019 PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Storm Sewer Construction Chavenelle Road – First Supply 2019 Pro- ject, and that the Project has been completed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $32,592.37. Dated this 14th day of October 2019. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of October 2019. /s/Kevin Firnstahl, City Clerk 13. Accepting the Usha Park Parking Lot Expansion Project: City Manager recom- mending acceptance of the construction contract for the Usha Park Parking Lot Expan- sion Project, as completed by Eastern Iowa Excavating & Concrete, LLC. Upon motion the documents were received and filed, and Resolution No. 372-19 Accepting the Usha Park Parking Lot Expansion Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 372-19 ACCEPTING THE USHA PARK PARKING LOT EXPANSION PROJECT AND AU- THORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Usha Parking Lot Expansion Project (the Project) has been completed by the Contractor, Eastern Iowa Excavating & Concrete, LLC of Cascade, Iowa (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 $39,174.80; and Whereas, the Contractor has previously been paid $32,831.33, leaving a balance of $6,343.47; 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 THAT: 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 Usha Parking Lot Expansion Project CIP appropriations for the contract amount of $39,174.80 less any retained percentage provided for therein as provided in Iowa Code. 7 Section 3. The Finance Director is hereby directed to pay to the Contractor the balance of the retainage of $6,343.47 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 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE USHA PARK PARKING LOT EXPANSION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Usha Park Parking Lot Expansion Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $43,092.28. Dated this 14th of October 2019. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of October 2019. /s/Kevin S. Firnstahl, City Clerk 14. Accepting the Dubuque Montessori Parking Lot Asphalt Paving Project : City Man- ager recommending acceptance of the construction contract for the Dubuque Montessori Parking Lot Asphalt Paving Project, as completed by River City Paving. Upon motion the documents were received and filed, and Resolution No. 373-19 Accepting the Dubuque Montessori Parking Lot Asphalt Paving Project and Authorizing the payment to the con- tractor was adopted. RESOLUTION NO. 373-19 ACCEPTING THE DUBUQUE MONTESSORI PARKING LOT ASPHALT PAVING PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Dubuque Montessori Parking Lot Asphalt Paving Project (the Project) has been completed by the Contractor, River City Paving, a division of Mathy Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $33,757.78; and Whereas, the Contractor has previously been paid $32,069.89, leaving a balance of $1,687.89; 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 THAT: 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 $1,687.89 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. 8 Passed, approved, and adopted this 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE DUBUQUE MONTESSORI PARKING LOT ASPHALT PAVING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Dubuque Montessori Parking Lot Asphalt Paving Project, and that said Project has been performed in compliance with the terms of the Public Improvement Con- tract, and that the total cost of the completed work is $38,736.71. Dated this 14th day of October 2019. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 14th day of October 2019. /s/Kevin S. Firnstahl, City Clerk 15. Approving Plat of Survey for Ahmed Place (1597-1599 Washington Street): Zoning Advisory Commission recommending approval of the Plat of Survey for Lot 1 & Lot 2 of Ahmed Place (1597-1599 Washington Street) subject to waiving the lot area for Lot 1 & Lot 2 of Ahmed Place. Upon motion the documents were received and filed, and Resolu- tion No. 374-19 Approving the Plat of Survey of Lot 1 & Lot 2 of Ahmed Place in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 374-19 APPROVING THE PLAT OF SURVEY OF LOT 1 & LOT 2 OF AHMED PLACE IN THE CITY OF DUBUQUE, IOWA Whereas, there has been filed with the City Clerk a Plat of Survey of Lot 1 & Lot 2 of Ahmed Place in the City of Dubuque, Iowa; and Whereas, said Plat of Survey provides 2,470 square feet of lot area for Lot 1 and 1,520 square feet of lot area for Lot 2 where 2,500 square feet of lot area is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and its approval has been endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is waived to allow 2,470 square feet of lot area for Lot 1 and 1,520 square feet of lot area for Lot 2. Section 2. The Plat of Survey of Lot 1 & Lot 2 of Ahmed Place is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. Passed, approved, and adopted this 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9 16. Platting of City Property on Chavenelle Road - McFadden Farm Place: City Man- ager recommending approval of the Plat of Survey for Lot 1-2 and 2-2 of McFadden Farm Place on Chavenelle Road as part of a development agreement between the City, Unison Solutions, BAS Development and Walter Development. Upon motion the documents were received and filed, and Resolution No. 375-19 Approving Plat of Survey of Lot 1-2 and Lot 2-2 of McFadden Farm Place in the City of Dubuque, Dubuque County, Iowa was adopted. RESOLUTION NO. 375-19 APPROVING PLAT OF SURVEY OF LOT 1-2 AND LOT 2-2 OF MCFADDEN FARM PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of th e City of Dubuque, Iowa, a plat dated the 11th day of October 2019, prepared by IIW, P.C., dividing Lot 2 of McFad- den Farm Place, to be hereinafter known as Lot 1 -2 and Lot 2-2 of McFadden Farm Place in the City of Dubuque, Dubuque County, 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 THAT: Section 1. The plat dated the 11th day of October 2019, prepared by IIW, P.C. 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. 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 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Platting of City Property on Chavenelle Rd - McFadden Farm Place No. 4: City Manage recommending approval of the Plat of Survey for Lot 1 and 2 of McFadden Farm Place No. 4 and the Plat of Survey for Lot 1-2 and 2-2 of McFadden Farm Place No. 4 in the City of Dubuque as part of a development agreement between the City and Walter Development LLC. Upon motion the documents were received and filed, and Resolution No. 376A-19 Approving Plat of Survey of Lot 1 and 2 of McFadden Farm Place No. 4 in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 376B-19 Approving Plat of Survey of Loat 1-2 and Lot 2-2 of McFadden Farm Place No. 4 in the City of Dubuque, Dubuque County, Iowa were adopted. RESOLUTION NO. 376A-19 APPROVING PLAT OF SURVEY OF LOT 1-2 AND LOT 2-2 OF MCFADDEN FARM PLACE NO. 4 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA 10 Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 11th day of October, 2019, prepared by IIW, P.C., dividing Lot 2 of McFad- den Farm Place No. 4, to be hereinafter known as Lot 1 -2 and Lot 2-2 of McFadden Farm Place No. 4 in the City of Dubuque, Dubuque County, 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 THAT: Section 1. The plat dated the 11th day of October 2019, prepared by IIW, P.C. 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. 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 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 376B-19 APPROVING PLAT OF SURVEY OF LOT 1-2 AND LOT 2-2 OF MCFADDEN FARM PLACE NO. 4 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 11th day of October 2019, prepared by IIW, P.C., dividing Lot 2 of McFad- den Farm Place No. 4, to be hereinafter known as Lot 1-2 and Lot 2-2 of McFadden Farm Place No. 4 in the City of Dubuque, Dubuque County, 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 THAT: Section 1. The plat dated the 11th day of October 2019, prepared by IIW, P.C. 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. 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 an d for Dubuque County, Iowa. Passed, approved, and adopted this 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 18. Iowa Department of Transportation Title VI Documents: City Manager recommend- ing approval for the Mayor to execute the Title VI/Non-Discrimination Assurances docu- ment required by the Iowa Department of Transportation. Upon motion the documents were received, filed and approved. 11 19. Bee Branch Watershed Flood Mitigation Project, Iowa Mitigation Board, 3rd Amendment to Funding Agreement: City Manager recommending approval an amend- ment to the funding agreement with the State Flood Mitigation Board in order to utilize state sale tax increment funding for the Bee Branch Watershed Flood Mitigation Project. Upon motion the documents were received and filed, and Resolution No. 377-19 Author- izing an Amendment to the Funding Agreement between the City of Dubuque and the State of Iowa Flood Mitigation Board for the City's use of Sales Tax Increment funding for the Bee Branch Watershed Flood Mitigation Project was adopted. RESOLUTION NO. 377-19 AUTHORIZING AN AMENDMENT TO THE FUNDING AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE STATE OF IOWA FLOOD MITIGATION BOARD FOR THE CITY'S USE OF SALES TAX INCREMENT FUNDING FOR THE BEE BRANCH WATERSHED FLOOD MITIGATION PROJECT Whereas, Six Presidential Disaster Declarations have been issued for flooding, severe storms and tornados between 1999 and 2011 due to flash flooding; and Whereas, the Bee Branch Watershed, which includ es the City of Dubuque’s most de- veloped areas where over 50% of city residents either live or work, has experienced flood- ing impacting thousands of properties and over seventy businesses; and Whereas, the City Council of the City of Dubuque has adopted a drainage basin master plan authored by HDR Engineering that outlines improvements to mitigate flooding col- lectively referred to as the Bee Branch Watershed Flood Mitigation Project (the Project); and Whereas, the Flood Mitigation Program was established by the Iowa Legislature and the Governor of Iowa to support community projects for the construction and reconstruc- tion of levees, embankments, impounding reservoirs, or conduits that are necessary for the protection of property from the effects of floodwaters and may include the deepening, widening, alteration, change, diversion, or other improvement of watercourses if neces- sary for the protection of such property from the effects of floodwaters; and Whereas, the City of Dubuque submitted an application to the Iowa Flood Mitigation Board (the Board) requesting the use of $98,494,178.00 in sales tax increment funds for the Project; and Whereas, the Board, on December 4, 2013, voted to approve the City’s application for construction of the Project, subject to the requirements set forth in Iowa Code chapter 418 and the administrative rules promulgated under it and subject to the terms and con- ditions set forth in an agreement; and Whereas, the City Council, on February 3, 2014, adopted Resolution 31 -14 authorizing the execution of an agreement (Funding Agreement) with the Iowa Flood Mitigation Board binding the City to the terms of the agreement as required for the City's receipt of up to $98,494,178.00 in state sales tax increment funds for the Bee Branch Watershed Flood; and Whereas, the Funding Agreement established the sales tax increment that the City can receive by fiscal year; and Whereas, the sales tax increment growth was estimated to be 1.97% based on the average growth over the ten years prior to the Funding Agreement; and 12 Whereas, the City actual sales tax increment growth was only 0.72%, 0.72%, and - 0.64% in Fiscal Years in fiscal years 16, 17, & 18 respectively resulting in the City receiv- ing $1,922,548.00 less sale tax increment than scheduled in fiscal years 17 and 18, and Whereas, Whereas, the City of Dubuque submitted a request to amend the Funding Agreement to the Board that would modify the schedule of payments such that it would provide an additional $1,922,548.00 in sales tax increment in Fiscal Ye ar 2034 to offset the sales tax increment shortfall that occurred in Fiscal Years 2017 and 2018; and Whereas, the Board, on September 16, 2019, voted to approve Amendment Number Three (Amendment) modifying the Funding Agreement and the schedule of payments ; and Whereas, it is in the best interest of the City to seek the use of the additional sales tax increment in FY 2034 through an amendment to the Funding Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Amendment be approved. Section 2. The Mayor is hereby authorized to execute and deliver the Amended and execute such other documents as the Iowa Flood Mitigation Board may reasonably re- quire that are necessary to bind the City to the terms of th e Amended Agreement as required for the City's receipt of $ 98,494,178 in sales tax increment funds for the Bee Branch Watershed Flood Mitigation Project through the State Flood Mitigation Program. Passed, approved, and adopted this 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Contracted Service Agreement with the Four Mounds HEART Program for Fiscal Year 2020: City Manager recommending approval of the Community Development Block Grant (CDBG) Grant Agreement with Four Mounds HEART Program for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 21. Contracted Service Agreement with the Washington Tool Library for Fiscal Year 2020: City Manager recommending approval of the Community Development Block Grant (CDBG) Agreement with the Washington Tool Library for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 22. Contracted Service Agreement with Hills & Dales Senior Lifetime Center for Fiscal Year 2020: City Manager recommending approval of the Community Development Block Grant (CDBG) Agreement with Hills and Dales for the Senior Center Lifetime Program for Fiscal Year 2020. Upon motion the documents were received, filed and approved. 23. Abstract of Votes: City Clerk transmitting the Abstract of Votes for the October 8, 2019 Primary Election as certified by the Dubuque County Auditor. Upon motion the doc- ument was received and filed. 24. Bee Branch Healthy Homes Administrative Plan Amendment to Require Ac- ceptance of Housing Choice Vouchers: City Manager recommending approval of an 13 Amendment to the Bee Branch Healthy Homes Administrative Plan to require rental prop- erty owners that participate in the program to accept Housing Choice Vouchers from qual- ified prospective tenants for the duration of their forgivable loan agreement with the City of Dubuque. It is further recommended that staff be directed to submit the amendment to the Iowa Economic Development Authority for adoption and approval of the changes. Motion by Resnick to table both No. 24 and No. 25. Seconded by Del Toro. Diane McClain of the Dubuque Area Landlords Association requested that both items be tabled to allow further discussion with DALA and city staff. City Manager Van Milligen concurred adding that the recommendation has to be submitted and approved by HUD before starting. Mo- tion carried 5-1 with Rios voting nay. 25. Lead Grant Administrative Plan Amendment to Require Acceptance of Housing Choice Vouchers: City Manager recommending approval to amend the Lead & Healthy Homes Work Plan to require rental property owners that participate in the program to accept Housing Choice Vouchers from qualified prospective tenants for the duration of their forgivable loan agreement with the City of Dubuque. It is further recommended that the amendment be submitted to the U.S. Department of Housing and Urban Development (HUD) for adoption and approval of the changes. (This item was combined with No. 24. Motion by Resnick. Seconded by Del Toro. Motion carried 5-1 with Rios voting nay. 26. Code of Ordinances – Adoption of Supplement No. 33: City Clerk recommending adoption of Supplement No. 33 to the City of Dubuque Code of Ordinances. Upon motion the documents were received and filed, and Resolution No. 378-19 Adopting Supplement No. 33 to the Code of Ordinances of the City of Dubuque, Iowa was adopted. RESOLUTION NO. 378-19 ADOPTING SUPPLEMENT NO. 33 TO THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has adopted certain ordinances amending the Code of Ordinances and said amendments have been printed as supplements to the Code of Ordinances; and Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution, become part of the Code of Ordinances; and Whereas, Code Supplements are prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Supplement No. 33 to the City of Dubuque Code of Ordinances, which codifies Ordi- nance Nos. 27-19, 32-19, 33-19, 34-19 and 37-19 through 47-19 as approved by City Council through September 4, 2019 is hereby adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa. Passed, approved, and adopted this 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14 27. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed, and Resolution No. 379-19 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. 379-19 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 THAT: 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 docume nta- tion: Renewals Carlos O'Kelly's Mexi- can Cafe 1355 Associates Dr. Class C Liquor (Sunday) Europa Haus Restau- rant & Biestube 1301 Rhomberg Ave. Class C Liquor (Catering) Fast Freddy's 3130 Jackson St. Class C Liquor (Sunday) Huhot Mongolian Grill 555 John F. Kennedy Rd. #685 Special Class C Liquor (Sunday) Jumper’s Sports Bar & Grill 2600 Dodge St. Class C Liquor (Outdoor) (Sunday) L. May Eatery 1072 Main St. Class C Beer, Class B Native Wine (Outdoor) (Sunday) Loras College - Athletic and Wellness Center 1600 Loras College Parkway Class C Liquor (Catering) (Outdoor) (Sunday) Rainbow Lounge 36 W 4th St. Class C Liquor (Sunday) New Knicker’s Saloon 2186 Central Ave. Class C Liquor (Sunday) Passed, approved, and adopted this 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15 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 Del Toro. Motion carried 6-0. 1. Fiscal Year 2020 Budget Amendment No. 2: City Manager recommending that the second Fiscal Year 2020 Budget Amendment be set for public hearing for November 4, 2019. Upon motion the documents were received and filed and Resolution No. 380-19 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2020 Budget for the City of Dubuque was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on November 4, 2019 in the Historic Federal Building. RESOLUTION NO. 380-19 SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL YEAR 2020 BUDGET FOR THE CITY OF DUBUQUE 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 THAT: Section 1. The City Council shall conduct a public hearing on proposed Amendment No. 2 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 Monday, No- vember 4, 2019, beginning at 6:00 p.m. Section 2. The City Clerk be and is hereby authorized and directed to publish no tice of the public hearing, according to law, together with the required budget information. Passed, approved, and adopted this 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments were made to the following boards/commissions. 1. Human Rights Commission: One, 3-Year term through January 1, 2021 (Vacant term of Templeton). Applicants: Dan Chatfield, 2780 Pennsylvania Ave.; Michael J. Durnin, 3560 Pennsylvania Ave.; Kathy McCarthy, 3491 Waller St. Upon roll-call vote, Kathy McCarthy was appointed to the 3-year term through January 1, 2021. (McCarthy = Rios, Jones, Resnick, Buol, Del Toro; Durnin = Shaw; Chatfield = -0-). Later in the meet- ing, City Clerk Firnstahl clarified that the correct gender makeup is 5 males, 3 females, with one vacancy. 16 2. Transit Advisory Board: One, 3-Year term through July 30, 2022 (Vacant term of Lohrmann). Applicant: Luanna Gerdemann, 4929 Little Valley Dr. Upon unanimous roll- call vote, Ms. Gerdemann was appointed to the 3-year term through July 30, 2022. PUBLIC HEARINGS 1. Request to Rezone 757 W. 8th Street: Proof of publication on notice of public hearing to consider a request from Steve Knepper to rezone property located at 757 W. 8th Street from R-2A Alternate Two-Family Residential Zoning District to R-3 Moderate Density Multi-Family Residential Zoning District, and the Zoning Advisory Commission recom- mending approval. Motion by Jones to receive and file the documents and that the re- quirement 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 Shaw. Property owner and developer Steve Knepper spoke in support of the rezoning and provided a brief description of the project. Assistant Planner Wally Wernimont pro- vided a staff report. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 48-19 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property located at 757 W. 8th Street from R-2A Alternate Two-Family Residential District To R-3 Moderate Density Multi-Family Residential Dis- trict. Seconded by Shaw. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 48-19 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 757 W. 8th STREETS FROM R-2A ALTERNATE TWO- FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI-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-2A Alternate Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District, to wit: W 47' - S 175'6" - Lot 29 Kelly’s Sub, 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 21st day of October 2019. /s/ Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of October, 2019. /s/Kevin S. Firnstahl, City Clerk 17 2. Multicultural Family Center Expansion and Renovation Project : Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated cost for the Multicultural Family Center Expansion and Renovation Project, and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 381-19 Approval of plans, specifications, form of contract, and estimated cost for the Multicultural Family Center Expansion and Renova- tion Project. Seconded by Resnick. Responding to questions from the City Council, City Manager Van Milligen and Recreation Division Manager Dan Kroger stated that there are plans to use the MFC as a satellite office for Leisure Services but that since the Center is operated by its own Board, the City will partner with the Center and the Dubuque Com- munity School District for space and event planning. Motion carried 6-0. RESOLUTION NO. 381-19 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI- MATED COST FOR THE MULTICULTURAL FAMILY CENTER EXPANSION and REN- OVATION 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 Multicultural Family Center Expansion and Renovation Project, in the estimated amount $1,135,000.00, are hereby approved. Passed, adopted, and approved this the 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS 1. Sewer Revenue Capital Loan Note, Series 2019 State of Iowa Revolving Loan Fund – Sponsored Project Amendment: City Manager recommending approval of the sug- gested proceedings to amend the Kerper Boulevard Sanitary Sewer Revenue Capital Loan Note, Series 2019 State Revolving Fund Loan that provides for funding of the Eagle Point Park Environmental Restoration sponsorship project. Motion by Shaw to receive and file the documents and adopt Resolution No. 382-19 Amending the original Resolu- tion, approved on February 18, 2019, said Resolution Approving and Authorizing a Loan and Disbursement Agreement with the Iowa Finance Authority and authorizing and providing for the issuance of Sewer Revenue Capital Loan Note, Series 2019, in order to provide for the funding of a Sponsored Project under the terms of a new Series 2019 Note to be issued in the principal amount of $2,652,630.89, which includes approval of a Sup- plemental Tax Exemption Certificate. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 382-19 AMENDING THE ORIGINAL RESOLUTION, APPROVED ON FEBRUARY 18, 2019, SAID RESOLUTION APPROVING AND AUTHORIZING A LOAN AND DISBURSE- MENT AGREEMENT WITH THE IOWA FINANCE AUTHORITY AND AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SEWER REVENUE CAPITAL LOAN 18 NOTE, SERIES 2019, IN ORDER TO PROVIDE FOR THE FUNDING OF A SPON- SORED PROJECT UNDER THE TERMS OF A NEW SERIES 2019 NOTE TO BE IS- SUED IN THE PRINCIPAL AMOUNT OF $2,652,630.89, WHICH INCLUDES AP- PROVAL OF A SUPPLEMENTAL TAX EXEMPTION CERTIFICATE Whereas, the Issuer previously issued its Sewer Revenue Capital Loan Note, Series 2019, dated March 8, 2019, in the amount of $2,763,000 ("Original Note"), pursuant to a Loan and Disbursement Agreement between Issuer and the Iowa Finance Authority, dated of like date (the "Agreement"), for the purpose of defraying the costs of the Project (as defined in the resolution authorizing issuance of the same (hereinafter the "Resolu- tion")); and Whereas, upon completion of the Project contemplated by the Original Note, the final loan is anticipated to be $2,423,630.89 (with $2,316,911.78 already drawn, and an esti- mated $106,719.11 anticipated to be drawn); and Whereas, the Issuer has been approved by the Iowa Finance Authority and the De- partment of Natural Resources for a "sponsored project" amendment to the Original Note for a water restoration project described below ("Sponsored Project") to be funded under the terms of a new Series 2019 Note in the principal amount of $2,652,630.89 and bearing interest at the rate of 0.75% ("New Note"); and Whereas, the Iowa Finance Authority has requested that the Original Note be ex- changed for the New Note, reflecting the additional amount allocated for the Project; and Whereas, pursuant to notice published as required by law, this Council has previously held a public meeting and hearing upon the proposal to institute proceedings for the au- thorization of a Loan and Disbursement Agreement by and between the Issuer and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $4,900,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the Issuer under said Loan and Disbursement Agreement, for the purpose of providing funds to pay costs of acquisition, construction, reconstruction, extending, remodeling, improving, re- pairing and equipping all or part of the Municipal Sewer System, including those costs associated with the Kerper Boulevard sanitary sewer reconstruction project and the Eagle Point Park Environmental Restoration Project, and considered the extent of objections received from residents or property owners as to said proposal; and Whereas, a Sponsored Project Loan and Disbursement Agreement Amendment (here- inafter the "Amendment") has been prepared to reflect said interest rate reduction and additional loan amount, a copy of which is attached hereto as Exhibit A; and Whereas, pursuant to IRS regulations adoption of the Amendment constitutes a reis- suance of the Note. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF DUBU- QUE, STATE OF IOWA THAT: Section 1. The Resolution is hereby amended to reflect the interest rate reduction to 0.75% per annum on the new principal amount of $2,652,630.89 from and after June 1, 2019 for the remainder of the life of the New Note. Debt service on the New Note is the same as debt service on the Original Note, accordingly, parity coverage is not affected. Section 2. The Amendment in substantially the form attached to this Resolution and the New Note are hereby authorized to be executed and issued on behalf of the Issuer by the Mayor and attested by the City Clerk. The New Note shall be exchanged for the Original Note. 19 Section 3. The Supplemental Tax Certificate regarding the uses of proceeds and the System is hereby approved. The Director of Finance & Budget is authorized to execute the same. Section 4. Except as amended herein, all of the other terms and conditions of the R es- olution and Agreement are in all respects ratified, confirmed and approved and shall re- main in full effect. Passed, adopted, and approved this the 21st day of October 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Request for Work Session on Project H.O.P.E.: City Manager recommending that the City Council schedule a work session on the Project Hope Quarterly Update for De- cember 2, 2019, at 5:30 p.m. in the City Council Chambers. Motion by Shaw to set the work session as recommended since there were no schedule conflicts expressed. Se- conded by Jones. Motion carried 6-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the Candidates Forum sponsored by the League of Women Voters scheduled for Wednesday, October 23, in the Council Chambers. There being no further business, Resnick motioned to adjourn at 6:53 p.m. Seconded by Jones. Motion carried 6-0. /s/Kevin S. Firnstahl, CMC, City Clerk