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8 3 20 City Council Proceedings Official - Special and Regular1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on August 3, 2020. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the city’s website at www.cityofdubuque.org/media, and streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; City Manager Van Milligen, City Attorney Brumwell Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on updates to the internal and community - facing impacts of the COVID-19 pandemic. WORK SESSION Updates to the Internal and Community-Facing Impacts of the COVID-19 Pandemic Updates and information were provided by the following City staff and community part- ners: 1. Community COVID-19 Update & Communication Response: Mary Rose Corri- gan, Public Health Specialist 2. Vulnerable Populations Support Update: Kelly Larson, Human Rights Specialist 3. Update on Mask-Wearing Requirement on Jule Transit: Renee Tyler, Transpor- tation Services Manager 4. Fiscal Year 21 Budget Team Strategies: Jennifer Larson, Finance & Budget Man- ager 5. Greater Dubuque Development Corporation: Rick Dickinson, President/CEO 6. Community Foundation of Greater Dubuque Update: Nancy Van Milligen, Presi- dent/CEO 7. United Way of Dubuque Update: Danielle Peterson, President/CEO The presenters responded to questions from the City Council following the presenta- tions. There being no further business, Mayor Buol declared the meeting adjourned at 6:27 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on August 3, 2020. Due to the COVID-19 pandemic and mandates for social distancing, this meeting was conducted virtually and aired live on CityChannel Dubuque (Mediacom cable channels 8 and 117.2), streamed live on the city’s website at www.cityofdubuque.org/media, and streamed live on the City’s Facebook page at www.facebook.com/cityofdubuque. Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell, Sprank; 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. American Wind Week (August 9-15, 2020) was accepted by Mayor Buol behalf of Power Up Iowa. Motion by Resnick to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Staff stated that no public input was received through the online chat, Facebook or City Clerk email. Motion carried 7-0. CONSENT ITEMS 1. Minutes and Reports Submitted: City Council proceedings of 7/20, 7/23; Civil Ser- vice Commission of 7/21; Zoning Board of Adjustment of 7/23. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: State of Iowa, ex rel., Doug Ommen Iowa Insurance Commissioner vs. Linwood Cemetery Association, and the City of Dubuque. Upon motion the documents were received, filed, and refer 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: ECH Properties, LLC for property damage. Upon motion the documents were received, filed, and concur. 4. Approval of City Expenditures: City Manager recommended City Council approval for payment of City expenditures. Upon motion the documents were received and filed, 3 and Resolution No. 228-20 Authorizing the Director of Finance and Budget/City Treasurer to make certain payments of bills that must be paid and approved for payment in accord- ance with City procedures was adopted. RESOLUTION NO. 228-20 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 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Certified Local Government Preserve Iowa Summit: City Manager recommended approval of the Certified Local Government grant report required by the Iowa State His- toric Preservation Office for the 2020 Preserve Iowa Summit and have the Mayor sign the Request for Reimbursement. Upon motion the documents were received, filed, and ap- proved. 6. Carpenters and Joiners of America, Local 678 Building Corporation : City Manager recommended approval of a First Amendment to Grant Agreement between the City of Dubuque and Carpenters and Joiners of America, Local 678 Building Corporatio n to re- develop property at 1638 Central Avenue. Upon motion the documents were received and filed, and Resolution No. 229-20 Approving the First Amendment to Grant Agreement 4 between the City of Dubuque, Iowa and Carpenters and Joiners of America, Local 678 Building Corporation was adopted. RESOLUTION NO. 229-20 APPROVING THE FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CARPENTERS AND JOINERS OF AMERICA, LO- CAL 678 BUILDING CORPORATION Whereas, the City of Dubuque (City) and Carpenters and Joiners of America, Local 678 Building Corporation (Grant Recipient) previously entered into a Grant Agreement dated April 6, 2020 for the redevelopment of 1638 Central Avenue in the City of Dubuque, Iowa (the Project); and Whereas, City and Grant Recipient desire to amend the Grant Agreement as set forth in the attached First Amendment to Grant Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The First Amendment to Grant Agreement by and between the City of Dubu- que and Carpenters and Joiners of America, Local 678 Building Corporation, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the First Amend- ment to Grant Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the First Amendment to Grant Agreemen t as herein approved. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. CARich Properties, LLC Second Amendment to Development Agreement for 278 W. 17th Street: City Manager recommended approval of a Second Amendment to Devel- opment Agreement with CARich Properties, LLC for redevelopment of property at 278 W. 17th Street that modifies the closing date on the project to July 31, 2020. Upon motion the documents were received and filed, and Resolution No. 230-20 Approving the Second Amendment to Development Agreement between the City of Dubuque, Iowa and CARich Properties, LLC was adopted. RESOLUTION NO. 230-20 APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE, IOWA AND CARICH PROPERTIES, LLC Whereas, the City of Dubuque (City) and CARich Properties, LLC (Developer) previ- ously entered into a Development Agreement dated May 20, 2019, as amended by the First Amendment dated May 18, 2020, for the redevelopment o f 278 W. 17th Street in the City of Dubuque, Iowa (the Project); and Whereas, City and Developer desire to amend the Development Agreement as set forth in the attached Second Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: 5 Section 1. The Second Amendment to Development Agreement by and between the City of Dubuque and CARich Properties, LLC., a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Second Amend- ment to Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Second Amendment to Development Agreement as herein approved. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. CARich Properties, LLC Loan Agreement for 278 W. 17th Street: City Manager rec- ommended approval of a Loan Agreement with CARich Properties, LLC to redevelop property at 278 W. 17th Street. Upon motion the documents were received and filed, and Resolution No. 231-20 Approving a Loan Agreement between the City of Dubuque, Iowa and CARich Properties, LLC was adopted. RESOLUTION NO. 231-20 APPROVING A LOAN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CARICH PROPERTIES, LLC Whereas, the City of Dubuque (City) and CARich Properties, LLC (Developer) previ- ously entered into a Development Agreement dated May 20, 2019, as amended by the First Amendment dated May 18, 2020, and the Second Amendment dated August 3, 2020 for the redevelopment of 278 W. 17th Street in the City of Dubuque, Iowa (the Project); and Whereas, the Development Agreement as amended provides for a Downtown Reha- bilitation Loan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Loan Agreement by and between the City of Dubuque and CARich Properties, LLC., a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Loan Agree- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Loan Agreement as herein approved. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Accepting the Ice Harbor Flood Gate Abutment Repair Project: City Manager rec- ommended acceptance of the construction contract for the Ice Harbor Flood Gate Abut- ment Repair Project, as completed by Tricon General Construction, Inc. Upon motion the documents were received and filed, and Resolution No. 232-20 Accepting the Public 6 Improvement Project for the Ice Harbor Flood Gate Abutment Repair Project and Author- izing the final payment to the contractor was adopted. RESOLUTION NO. 232-20 ACCEPTING THE PUBLIC IMPROVEMENT CONTRACT FOR THE ICE HARBOR FLOOD GATE ABUTMENT REPAIR PROJECT AND AUTHORIZING THE FINAL PAY- MENT TO THE CONTRACTOR Whereas, the public improvement contract for the Ice Harbor Flood Gate Abutment Repair Project (the Project) has been completed by the Contractor, Tricon General Con- struction, Inc.(Contractor), and the Project Engineer, Lauren Ray (Engineer) of IIW Engi- neering, 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 Engi- neer recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $79,641.00; and Whereas, the Contractor has previously been paid $75,658.95, leaving a balance of $3,982.05; and Whereas, the City Council finds that the recommendation of the Project Engi neer 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 Project Engineer is approved, and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Ice Harbor Flood Gate Abutment Repair Project CIP appropriations for the contract amount of $79,641.00 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 $3,982.05 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, adopted, and approved this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. First Amendment to Contract with Ahlers & Cooney, P.C. Dubuque 2016 National Disaster Recovery: City Manager recommended approval of the First Amendment to the Legal Services Contract with Ahlers & Cooney, P.C. that updates the contract to incorpo- rate all of the required federal contract language related to legal work associated with the Bee Branch Watershed Flood Mitigation Project, specifically the Railro ad Easement ac- quisition and development. Upon motion the documents were received, filed and ap- proved. 11. Duluth Holdings, Inc. and Walter Development, LLC - First Amendment to Amended and Restated Development Agreement: City Manager recommended approval of the First Amendment to Amended and Restated Development Agreement by and among the City of Dubuque, Iowa, Duluth Holdings, Inc. and Walter Development, LLC to include the legal description and recorded plat to Parcel C, and to include language 7 agreed upon by the City and the Developer to require the construction of a second drive- way into the development property. Upon motion the documents were received and filed, and Resolution No. 233-20 Approving the First Amendment to Amended and Restated Development Agreement by and among the City of Dubuque, Iowa, Duluth Holdings, Inc., and Walter Development, LLC was adopted. RESOLUTION NO. 233-20 APPROVING THE FIRST AMENDMENT TO AMENDED AND RESTATED DEVELOP- MENT AGREEMENT BY AND AMONG THE CITY OF DUBUQUE, IOWA, DULUTH HOLDINGS, INC., AND WALTER DEVELOPMENT, LLC Whereas, the City of Dubuque, Iowa, Duluth Holdings, Inc., and Walter Development, LLC entered into an Amended and Restated Development Agreement dated for reference purposes the 6th day of April 2020 (the Agreement); and Whereas, the parties desire to amend the Agreement as set forth in the attached First Amendment. NOW THEREFORE, IT IS AGREED BY AND BETWEEN CITY AND DEVELOPER AS FOLLOWS: Section 1. The First Amendment is hereby approved. Section 2. The Mayor is authorized and directed to sign the First Amendment on behalf of the City of Dubuque. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk 12. Pre-Annexation Agreement with Robert L & Elaine Vonderhaar: City Manager rec- ommended approval of a Pre-Annexation Agreement with Robert L. and Elaine Vonder- haar, for property located at 14819 Siegert Lane, in conjunction with their request to con- nect to City water. Upon motion the documents were received and filed, and Resolution No. 234-20 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Robert L. and Elaine Vonderhaar was adopted. RESOLUTION NO. 234-20 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND ROBERT L. AND ELAINE VONDERHAAR Whereas, Robert L. and Elaine Vonderhaar, the owner of the following described prop- erty in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 3 of the Subdivision of the East ½ of the Southwest fractional ¼ and the Northwest fractional ¼ of the Southwest fractional ¼ of Section 7, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa. Whereas, Robert L. and Elaine Vonderhaar have entered into a Pre -annexation Agree- ment with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa, and the extension of city limits by voluntary annexation; and 8 Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Pre-annexation Agreement by and between Robert L. and Elaine Vonderhaar and the City of Dubuque is hereby approved. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Walter Development, LLC Property Right-of-Way Plat and Dedication: City Man- ager recommended acceptance of the Acquisition Plat of Lot 1A McFadden Farm Place No. 6 and acceptance of the dedication of said lot for Right of Way and public utilities purposes. Upon motion the documents were received and filed, and Resolution No. 235- 20 Approving the Acquisition Plat of Lot 1A McFadden Farm Place No. 6 in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 235-20 APPROVING THE ACQUISITION PLAT OF LOT 1A MCFADDEN FARM PLACE NO. 6, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated June 18, 2020 prepared by IIW, P.C. describing Lot 1A McFad- den Farm Place No. 6, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining theret o; and Whereas, upon said plat appears Lot 1A, which Walter Development, LLC, by said plat have dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The plat dated June 18, 2020 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 and on behalf of the City of Dubuque, Iowa. Section 2. The dedication of Lot 1A McFadden Farm Place No. 6, in the City of Dubu- que, Iowa, for Right of Way purposes, including streets and utilities, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. 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 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9 14. Dubuque County Agreement for COVID-19 Sheltering: City Manager recom- mended approval of a Memorandum of Understanding with Dubuque County for opera- tion and administration of the City of Dubuque’s COVD-19 non-congregate temporary housing shelter. Upon motion the documents were received and filed, and Resolution No. 236-20 Approving the Assignment of a Memorandum of Understanding between the City of Dubuque and Dubuque County for COVID-189 Non-Congregate Temporary Housing was adopted. RESOLUTION NO. 236-20 APPROVING THE ASSIGNMENT OF A MEMORANDUM OF UNDERSTANDING BE- TWEEN THE CITY OF DUBUQUE AND DUBUQUE COUNTY FOR COVID-19 NON- CONGREGATE TEMPORARY HOUSING Whereas, the City of Dubuque has been presented with a Memorandum of Under- standing between Dubuque County and the City of Dubuque for the funding of a non - congregate temporary housing; and Whereas, emergency disaster declarations related to the global pandemic COVID-19 have been issued at the federal, state, and local levels; and Whereas, the City and County acknowledge the need for non -congregate temporary housing and the shelter to provide alternative shelter for City of Dubuque and Dubuque County residents to prevent the spread of COVID-19; and Whereas, the City and County desire to identify the duties and responsibilities of each party related to the provision and maintenance of a non -congregate shelter for temporary housing resulting from the global pandemic COVID-19; and Whereas, the City of Dubuque, Iowa has authorized this Assignment in the Agreement for Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby consents to the Memorandum of Understand- ing for Services with Dubuque County for the non-congregate temporary housing. Section 2. The Mayor is authorized and directed to execute the Memorandum of Un- derstanding for Services on behalf of the City of Dubuque. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. 2019-2020 Snow Removal Assessments from Public Right -of-Way: City Manager recommended the establishment of the final assessments for the 2019 -2020 Snow Re- moval from City Right-of-Way. Upon motion the documents were received and filed, and Resolution No. 237-20 Adopting the Final Assessment Schedule for the 2019 -2020 Snow and Ice Removal Assessment in the Public Right-of-Way was adopted. RESOLUTION NO. 237-20 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2019-2020 SNOW AND ICE REMOVAL ASSESSMENT IN THE PUBLIC RIGHT-OF-WAY PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: 10 Section 1. After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to 2 inclusive; is hereby approved for the 2019-2020 Snow and Ice Removal Assessment in the Public Right-of-Way Project. Section 2. 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 condi- tionally 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 assessments against said lots are hereby declared to be in proportion to the special ben- efits conferred and not in excess of twenty-five percent of the value of same. Section 3. 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 certification 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 publication 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. Section 4. 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 assessments are payable at the County Treasurer’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 in- terest as ordinary taxes. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY OF DUBUQUE, IOWA 2019-2020 SIDEWALK SHOVELING Final Schedule of Assessments; Billing Date: July 17, 2020 Property Owner Name; Lot Description; Parcel Number; Street Address; Valuation with Improvement; Sidewalk Assessment; Administrative Fee; Total Assessment Siebe, Brice M; Lot 18 Emerald Acres #2; 1002479001; 530 Sapphire Cir; $213,540.00; $98.00; $25.00; $123.00 Holy Ghost LLC; Lot 2-1 Paragon Square; 1013155017; 1005 Campbell St; $50,410.00; $74.00; $25.00; $99.00 Berry, Wallace H Jr & Ehlers, Andrea M; N 30' of Lot 14 Stafford’s Add; 1013402011; 2609 Windsor Ave; $67,520.00; $74.00; $25.00; $99.00 Stowers, Michelle Rose; Lot 25 A Stine’s Sub; 1013434011; 2413 Central Ave; $51,190.00; $66.00; $25.00; $91.00 11 Schaar-Harp, Roberta; Lot 1-6-5 Stafford’s Add; 1013454030; 710 Merz St; $108,030.00; $74.00; $25.00; $99.00 Zalaznik, Ryan M; Lot 1-1-153 L H Langworthy’s Add; 1014481007; 723 Wilson Ave; $12,130.00; $78.50; $25.00; $103.50 Zalaznik, Ryan M; Lot 2-153 & N 27' of Lot 2-1-153a L H Langworthy’s Add; 1014481008; 723 Wilson Ave; $83,090.00; $119.50; $25.00; $144.50 Nordenson, Craig D Declaration of Trust; Lot 2 Blk 3 Highland; 1015302002; 2901 Olde Country Ln; $172,230.00; $118.50; $25.00; $143.50 Oglesby, John J & Sara A; Lot 5 Buena Vista Sub #1; 1021202002; 2409 Lavista Ct; $313,210.00; $155.00; $25.00; $180.00 Spirit Master Funding Li, LLC; Lot 1 Blk 19 & Lot 2 -1 Blk 21 Key Knolls Sub; 1021426005; Po Box 54310; $373,800.00; $74.00; $25.00; $99.00 Merfeld, Conner S; Lot 1 Blk 1 Key Knolls Sub; 1021462011; 1700 Key Way Dr; $110,200.00; $127.50; $25.00; $152.50 McDermott, Nicolette C; Lot 10 Blk 1 Asbury Springs Sub #2; 1022305002; 1938 Jud- son Dr; $155,780.00; $98.00; $25.00; $123.00 Tucker, Rachel E; Lot 6 Hillcrest Sub; 1022429001; 1988 Asbury Road; $117,410.00; $102.50; $25.00; $127.50 Johnson, James P; Lot 2-4 Hillcrest Sub; 1022429004; 1982 Asbury Rd; $1,960.00; $74.00; $25.00; $99.00 Johnson, James P; Lot 1-3 Hillcrest Sub; 1022429005; 1982 Asbury Rd; $88,080.00; $66.00; $25.00; $91.00 Warthan, Douglas; Lot 34 Littleton & Sawyers Sub; 1023278006; 12350 Barony Dr; $68,850.00; $74.00; $25.00; $99.00 Red Owl Investments LLC; Lot 1-1 Bowens Sub; 1024179005; Po Box 61; $45,880.00; $165.00; $25.00; $190.00 Young, Aaron M & Sara J; Lot 1 of S 50' of 1-2-2 of City Lot 678 & Lot 1-2-2-2 of City Lot 678; 1024180024; 910 Valentine Dr; $100,040.00; $98.00; $25.00; $123.00 Giant Wash LLC; Lots 165 & 166 East Dubuque Add; 1024259016; Po Box 336; $111,030.00; $110.50; $25.00; $135.50 Lightfoot, Kevin L; W 57'6" & E 42'6" - N 1/2 of Lot 97 East Dubuque Add; 1024259017; 605 Taylor St; $66,320.00; $90.00; $25.00; $115.00 Davis, Frederick R E & April J; S 46' of M 1/5 of City Lot 472; 1024330016; 1655 Main St; $191,630.00; $123.00; $25.00; $148.00 Paul, Jacob R; Lot 2-810 A McDaniel’s Sub; 1024340003; 1825 74th Place; $56,530.00; $58.00; $25.00; $83.00 Kruser, Andrew; Lot 2-14 McNulty’s Sub & Lot 7 Newburgh’s Sub; 1024356010; 1099 Center Pl; $87,750.00; $98.00; $25.00; $123.00 Ulhaq, Irfan & Kwon, Miyeon; N 25' - Lot 60 East Dubuque Add; 1024435010; 995 Mount View Ct; $41,550.00; $58.00; $25.00; $83.00 Kirchberg, Pia; S 26.2' Lot 60 East Dubuque Add; 1024435011; 1228 Jackson St; $64,700.00; $74.00; $25.00; $99.00 AWKM Properties LLC; Lot 2, N 15' Lot 1, M Bal of Lot 1, & Lot 3 Exc the Sly 8 3/4" Ely 53' 8 3/4", All In Blk 6 Dubuque Downtown Plaza; 1025237008; 2248 Jo Ann Dr; $271,900.00; $292.50; $25.00; $317.50 Nelson, Kristin J; Lot 1 & E 5' Lot 2 of Sub 95, 96, 97, & 98 Union Add; 1025382006; 914 Cleveland Ave; $145,470.00; $66.00; $25.00; $91.00 12 Sondgeroth, Cole W; E 40' of Lot 17 S M Langworthy's Add; 1026235016; 1365 W 5 th St; $135,910.00; $74.00; $25.00; $99.00 McEnery, John W; Lot 2-1-2-30 Ann O'Hare’s Sub; 1026252024; 1715 W 3 rd St; $118,410.00; $110.50; $25.00; $135.50 Vize, Jo Ann K; Lot 145 Finley Waple’s & Burton; 1027233008; 2559 University Ave; $127,900.00; $66.00; $25.00; $91.00 16. Mediacom Communications Company: Correspondence from Lee Grassley, Sen- ior Manager of Government Relations for Mediacom Communications Company, inform- ing the City of possible programming changes on or about August 1, 2020. Upon motion the documents were received and filed. 17. Signed Contract(s): Amendment to Revocable License for Michael and Maria Steinlage, 1976 Garfield Avenue, to replace a split rail and chain link fence on the public right-of-way; Strand Associates Task Order Change No. 20-02 for the Cedar Street Force Main Air Vacuum Release Valve Replacement Project. Upon motion the documents were received and filed. 18. Improvement Contracts / Performance, Payment and Maintenance Bonds : Seal- master Foam d/b/a S&S Builders for the 2020 Asphalt Overlay Ramp Project Three - Sections A&B; SELCO, Inc. for the 2020 Pavement Marking Project. Upon motion the documents were received, filed and approved. 19. Alcohol License Applications: City Manager recommended approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed, and Resolution No. 238-20 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. 238-20 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: 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 lo cally required documentation: 13 Renewals Bell Tower Productions 2728 Asbury Rd. Special Class C Liquor (Sunday) Casey's General Store 2420 2699 Rockdale Rd. Class E Liquor, Class B Wine, Class C Beer (Sunday) Casey's General Store 2421 4003 Peru Rd. Class E Liquor, Class B Wine, Class C Beer (Sunday) Shannon's Bar & Grill 521 E 22nd St. Class C Liquor (Sunday) Super Stop II 700 Rhomberg Ave. Class E Liquor, Class C Beer, Class B Wine (Sunday) Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applications were reviewed for the following Boards/Commissions. Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Appointments will be made at the next City Council meeting. 1. Cable Television Commission: One, 3-Year term through July 1, 2023 (Vacant term of Hoverman). Applicant: Garrett Heidenreich, 255 Nevada St. Mr. Heidenreich submitted an email in support of his appointment. 2. Catfish Creek Watershed Management Authority: One, 4-Year term through July 17, 2024 (Expiring term of Drahozal). Applicant: Steven Drahozal, 683 W. 11th St. 3. Housing Board of Appeals: One, 3-Year term through January 1, 2023 (Expired term of Young). Applicant: Jeff Lenhart, 1274 Locust St. Mr. Lenhart submitted an email in support of his appointment. 4. Park and Recreation Advisory Commission: Three, 3-Year terms through June 30, 2023 (Expiring terms of Garrett, Kennicker and Kuhle). Applicants: Robert Blocker, 880 Kane St.; Emerald Frommelt, 441 ½ Burch St.; Justin Hochberger, 2740 Muscatine St.; Josh Jorgenson, 3030 Judson Ct.; Robin Kennicker, 2929 Elm St.; Cynthia Nachtman, 1791 Creek Wood Dr.; Jessica Ochoa, 1970 Hale St.; Whitney Sanger, 2250 Clydesdale Ct.; McClain Steffens, 481 W. 15th St. Mr. Kennicker, Ms. Frommelt, Mr. Hochberger, Mr. Jorgenson, Ms. Nachtman, and Ms. Ochoa submitted emails in support of their respective appointment. 5. Resilient Community Advisory Commission: One, 3-Year term through July 1, 2023 (Expiring Cross Representation term of Kennicker). Applicant: Robin Kennicker, 2929 Elm St. (Qualifies if appointed to Parks and Recreation Advisory Commission) 6. Transit Advisory Board: Two, 3-Year terms through July 30, 2023 (Expiring term of Daughters and vacant term of Enderson). Applicants: Robert Daughters, 1631 Jackson St.; Garrett Heidenreich, 255 Nevada St. 14 PUBLIC HEARINGS Due to the COVID-19 pandemic and mandates for social distancing, public input was made available through GoToMeeting chat function, City Council and City Clerk email accounts, and the City of Dubuque’s Facebook Live page. 1. Request to Rezone from Spiegel Family Realty Company, LLC - Property East of Highway 16 and South of Cycle Club Lane: Proof of publication on notice of public hearing to consider approval of a request from Spiegel Family Realty Company Iowa LLC; Mike Weber, Weber Surveying LLC, to rezone 7.05 Acres and .60 Acres of State property lo- cated east of Highway 61 and South of Cycle Club Lane from County R -2 Single-Family Residential to City R-2 Two-Family Residential Zoning District concurrent with annexation to the City of Dubuque, and the Zoning Advisory Commission recommending approval. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meet ings prior to the meeting at which it is to be passed be suspended. Seconded by Roussell. Planning Services Manager Wally Wernimont provided a staff report. City staff stated that no public input was received regarding this item. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 27-20 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property in conjunction with annexation, lo- cated east of the U.S Highway 61 right-of-way and northeast of Cycle Club Lane from County R-2 Single-Family Residential to City R-2 Two-Family Residential. Seconded by Roussell. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 27-20 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY, IN CONJUNCTION WITH ANNEXATION, LOCATED EAST OF THE U.S. HIGHWAY 61 RIGHT-OF-WAY AND NORTHEAST OF CYCLE CLUB LANE FROM COUNTY R-2 SINGLE-FAMILY RESIDENTIAL TO CITY R-2 TWO-FAMILY RESIDEN- TIAL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property, in conjunc- tion with annexation, from County R-2 Single-Family Residential to City R-2 Two-Family Residential, to wit: Lot 1 Silver Oaks No. 2, in Dubuque County, Iowa: and Lot 1 of 2 of the Division of Lot 2 of the SW 1/4 of the SE 1/4, Section 23, T88N, R2E of the 5th P.M., Dubuque County Iowa containing 0.60 acres Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory 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 3rd day of August 2020. 15 /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of August 2020. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone from the City of Dubuque - 8113 Rt. 61: Proof of publication on notice of public hearing to consider a request from City of Dubuque to rezone 1 acre located at 8113 RT 61 from County R-2 Single-Family Residential to City R-2 Two-Family Residential Zoning District concurrent with annexation to the City of Dubuque, and the Zoning Advisory Commission recommending approval. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Planning Services Wally Wernimont pro- vided a staff report for the City as applicant. Staff stated that no public input had been received regarding this item. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 28-20 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property, in conjunction with annexation, located at 8113 Rt. 61 from County R-2 Single-Family Residential to City R-2 Two-Family Residential. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 28-20 MENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROP- ERTY, IN CONJUNCTION WITH ANNEXATION, LOCATED AT 8113 RT 61 FROM COUNTY R-2 SINGLE-FAMILY RESIDENTIAL TO CITY R-2 TWO-FAMILY RESIDEN- TIAL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property, in conjunc- tion with annexation, from County R-2 Single-Family Residential to City R-2 Two-Family Residential, to wit: Lot 1 Silver Oaks, in Dubuque County, Iowa Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory 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 3rd day of August 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of August 2020. /s/Kevin S. Firnstahl, City Clerk 3. Voluntary Annexation Request - Spiegel Family Realty Company, LLC: Proof of pub- lication on notice of public hearing to consider approval of the 100% voluntary annexation 16 request filed by the Spiegel Family Realty Company, LLC for approximately 7.05 acres of property, concurrent with rezoning, located east of Highway 61 and Cycle Club Lane, and the City Manager recommended approval. Motion by Resnick to receive and file the doc- uments and adopt Resolution No. 239-20 Approving an application for Voluntary Annex- ation of Territory to the City of Dubuque, Iowa . Seconded by Lynch. Staff stated that no public input had been received regarding this item. Motion carried 7-0. RESOLUTION NO. 239-20 APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from Spiegel Family Realty Company Iowa, LLC for the voluntary annexation of 7.05 acres of property which includes an additional 0.60-acre parcel of Iowa Department of Transportation prop- erty located immediately to the north. These parcels are located east of Highway 61 and Cycle Club Lane as shown on Exhibit A and legally described as: Lot 1 Silver Oaks No. 2, in Dubuque County, Iowa: and Lot 1 of 2 of the Division of Lot 2 of the SW 1/4 of the SE 1/4, Section 23, T88N, R2E of the 5th P.M., Dubuque County Iowa containing 0.60 acres; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any railroad property; and Whereas, the annexation territory does include State owned property to avoid creation of an island; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution and required notification; and Whereas, the annexation territory is consistent with the City’s Comprehe nsive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the capacity to provide substantial mun icipal ser- vices to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application for the voluntary annexation of property owned by Spie- gel Family Realty Company Iowa, LLC consisting of 7.05 acres and includes an additional 0.60-acre parcel of Iowa Department of Transportation to avoid a creation of an island and has connection to the city of Dubuque as shown on Exhibit A and leg ally described as: Lot 1 Silver Oaks No. 2, in Dubuque County, Iowa: and Lot 1 of 2 of the Division of Lot 2 of the SW 1/4 of the SE 1/4, Section 23, T88N, R2E of the 5th P.M., Dubuque County Iowa containing 0.60 acres; is hereby approved for annexation to the City of Dubuque. Section 2. That subject to the acknowledgement by the Secretary of State that the legal description, map and resolution have been received, the corporate limits of the City of Dubuque be and they hereby extended to include the 7.65 acres of property as shown on Exhibit A. 17 Section 3. That the City Council does hereby certify that the City of Dubuque has com- plied with the notice and hearing requirements of the Iowa Code pertaining to 100% vol- untary annexation of territory not in urbanized area of another city. Section 4. That the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits, and the applications for voluntary annexation with the Secretary of State in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Voluntary Annexation Request - City of Dubuque: Proof of publication on notice of public hearing to consider approval of the voluntary annexation request filed by the City of Dubuque for approximately 1.00 acre of property, concurrent with rezoning, located east of Highway 61 and Cycle Club Lane, and the City Manager recommended approval. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 240-20 Approving an application for Voluntary Annexation of Territory to the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 240-20 APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the City of Dubuque for the voluntary annexation of 1 acre of pro perty. This parcel is addressed as 8113 Rt 61 and is located east of Highway 61 and Cycle Club Lane as shown on Exhibit A and legally described as: Lot 1 Silver Oaks, in Dubuque County, Iowa; and Whereas, the annexation territory is not subject to an exist ing annexation moratorium agreement and does not include any State or railroad property; and Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of a resolution and required notification; and Whereas, the annexation territory is consistent with the City’s Comprehensive Plan; and Whereas, the future growth and development of the City of Dubuque, Iowa makes it desirable that the annexation territory be made part of the City of Dubuque, Iowa; and Whereas, the City of Dubuque has the capacity to provide substantial municipal ser- vices to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the application for the voluntary annexation of property owned by the City of Dubuque consisting of 1 acre with connection to the city of Dubuque as shown on Exhibit A and legally described as: Lot 1 Silver Oaks, in Dubuque County, Iowa; is hereby approved for annexation to the City of Dubuque. 18 Section 2. That subject to the acknowledgement by the Secretary of State that the legal description, map and resolution have been received, the corporate limits of the City of Dubuque be and they hereby extended to include the 1 acre of pro perty as shown on Exhibit A. Section 3. That the City Council does hereby certify that the City of Dubuque has com- plied with the notice and hearing requirements of the Iowa Code pertaining to 100% vol- untary annexation of territory not in urbanized area of another city. Section 4. That the territory hereby annexed shall become a part of Ward One of the City of Dubuque. Section 5. That the City Clerk shall file this resolution, all exhibits, and the applications for voluntary annexation with the Secretary of State in accordance with the provisions of Chapter 368 of the Iowa Code. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC INPUT Paul Uzel, 61 N. Algona Street submitted written correspondence primarily related to requesting that the City institute a mandate for wearing masks to prevent the spread of COVID-19. Staff stated that no other public input was received. ACTION ITEMS 1. Development Agreement - CARich Properties, LLC for 1706 Central Avenue: City Manager recommended approval of a Development Agreement with CARich Properties, LLC for the redevelopment of 1706 Central Avenue. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 241 -20 Approving a Development Agree- ment between the City of Dubuque, Iowa and CARich Properties, LLC for the redevelop- ment of 1706 Central Avenue. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 241-20 APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CARICH PROPERTIES, LLC FOR THE REDEVELOPMENT OF 1706 CEN- TRAL AVENUE Whereas, CARich Properties, LLC is the owner of the vacant building a 1706 Central Avenue in the City of Dubuque, Iowa (the Building); and Whereas, CARich Properties, LLC has applied to the Economic Development Depart- ment for grants under the Downtown Rehabilitation Loan Program (the Grants) for the redevelopment of 1706 Central Avenue in the City of Dubuque, Iowa (the Project); and Whereas, the Project is eligible for the Grants; and Whereas, it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by CARich Properties, LLC, including the Grants, according to the terms and conditions set out in the Development Ag reement, is in the public interest of the City of Dubuque. 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Development Agreement by and between the City of Dubuque and CARich Properties, LLC, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Grant Agree- ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Development Agreement - Conlon Johnson Development, LLC for 220 E. 9th Street: City Manager recommended approval of a Development Agreement with Conlon Johnson Development, LLC for the redevelopment of 220 E. 9th Street. Motion by Jones to receive and file the documents and adopt Resolution No. 242-20 Approving a Development Agreement between the City of Dubuque, Iowa and Conlon Johnson Development, LLC for the redevelopment of 220 E. 9th Street. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 242-20 APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KRETSCHMER, LLC FOR THE REDEVELOPMENT OF 220 E 9TH STREET Whereas, Kretschmer, LLC is the owner of the vacant building at 220 E 9 th Street in the City of Dubuque, Iowa (the Building); and Whereas, Kretschmer, LLC has applied to the Economic Development Department for grants under the Downtown Rehabilitation Loan Program (the Grants) for the redevelop- ment of the Building (the Project); and Whereas, the Project is eligible for the Grants; and Whereas, it is the determination of the City Council that approval of the Development Agreement for the Project by Kretschmer, LLC, which provides for the Grants, according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Development Agreement by and between the City of Dubuque and Kretschmer, LLC, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. The City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20 3. 50% by 2030 Community Climate Action & Resiliency Plan Update : City Manager recommending approval of the 50% by 2030 Community Climate Action & Resiliency Plan Update, as presented on July 13, 2020 by Gina Bell and paleBLUEdot, LLC consult ant Ted Redmond. Motion by Resnick to receive and file the documents and adopt Resolution No. 243-20 Approving the 50% by 2030 Community Climate Action and Resiliency Plan . Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 234-20 APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND ROBERT L. AND ELAINE VONDERHAAR Whereas, Robert L. and Elaine Vonderhaar, the owner of the following described prop- erty in Dubuque County, Iowa (the Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 3 of the Subdivision of the East ½ of the Southwest fractional ¼ and the Northwest fractional ¼ of the Southwest fract ional ¼ of Section 7, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and Whereas, Robert L. and Elaine Vonderhaar have entered into a Pre-annexation Agree- ment with the City of Dubuque, a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa, and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost-effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Pre-annexation Agreement by and between Robert L. and Elaine Vonderhaar and the City of Dubuque is hereby approved. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Downtown Commercial Building Evaluation and Assessment: City Manager is trans- mitting the Downtown Commercial Building Evaluation and Assessment completed by Martin Gardner Architecture. Motion by Lynch to receive and file the documents and listen to the presentation. Bethany Jordan of Martin Gardner Architecture made a brief presen- tation on the assessment. Motion carried 7-0. 5. Code Ordinances Amendment - Title 7 Legal Age to Purchase Tobacco Products: City Manager recommended approval to amend City Code Ordinance 7-5A-15: Tobacco Products to Underage Persons to increase the legal age to purchase or possess tobacco 21 products to 21 years of age, which will bring the City ordinance in line with the State Code. Motion by Cavanagh to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Cavanagh for final consideration and passage of Ordinance No. 29-20 Amending City of Dubuque code of Ordin ances Title 7 Police, Fire, and Public Safety, chapter 5 Offenses, Article A General Offenses, Section 7-5A-15 Tobacco Products to Underage Persons. Seconded by Jones. Motion carried 7-0. ORDINANCE NO. 29-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENSES, SECTION 7-5A-15 TOBACCO PRODUCTS TO UNDERAGE PERSONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 7-5A-15 of the City of Dubuque Code of Ordinances is amended to read as follows: 7-5A-15: TOBACCO PRODUCTS TO UNDERAGE PERSONS: A. Restrictions: 1. A person shall not sell, give, or otherwise supply any tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes to any person under twenty-one (21) years of age. 2. A person under twenty-one (21) years of age shall not smoke, use, possess, purchase, or attempt to purchase any tobacco, tobacco products, alternative nico- tine products, vapor products, or cigarettes. 3. Possession of tobacco, tobacco products, alternative nicotine products, vapor products, or cigarettes by an individual under twenty-one (21) years of age does not constitute a violation under this section if the individual under tw enty-one (21) years of age possesses the tobacco, tobacco products, alternative nicotine products, va- por products, or cigarettes as part of the individual's employment and the individual is employed by a person who holds a valid permit under the Iowa Code or who lawfully offers for sale or sells cigarettes or tobacco products. 4. a. A person shall not be guilty of a violation of this section if conduct that would otherwise constitute a violation is performed to assess compliance with tobacco, tobacco products, alternative nicotine products, vapor products, or cigarette laws if any of the following applies: (1) The compliance effort is conducted by or under the supervision of law en- forcement officers. (2) The compliance effort is conducted with the advance kn owledge of law enforcement officers and reasonable measures are adopted by those conduct- ing the effort to ensure that use of tobacco, tobacco products, alternative nic- otine products, vapor products, or cigarettes by individuals under twenty -one (21) years of age does not result from participation by any individual under twenty-one (21) years of age in the compliance effort. 22 b. For the purposes of this subsection, "law enforcement officer" means a peace officer as defined in Iowa Code section 801.4 and includes persons designated under this subsection to enforce this section. B. Penalty: 1. a. A person, other than a retailer, who violates subsection A1 of this section, is guilty of a simple misdemeanor. b. An employee of a retailer who violates subsection A1 of this section, commits a simple misdemeanor punishable as a scheduled violation under Iowa Code section 805.8C. 2. A person who violates subsection A2 of this section, is subject to the following, as applicable: a. A civil penalty pursuant to Iowa Code section 805.8C. b. For a first offense, performance of eight (8) hours of community work require- ments, unless waived by the court. c. For a second offense, performance of twelve (12) hours of community work requirements. d. For a third or subsequent offense, performance of sixteen (16) hours of com- munity work requirements. Section 2. This Ordinance takes effect on publication. Passed, approved, and adopted the 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Code of Ordinances Amendment - Title 9 Truck Route for Central Avenue and White Street: City Manager recommended approval of an amendment to the City's Code of Or- dinances removing of truck traffic from Central Street and White Street effective Decem- ber 2022 related to the completion and opening of the Southwest Arterial the first week of September 2020. 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 Resnick. The City Manager Van Milligen responded to questions from the City Council on what is being done to address concerns from north end small businesses once truck traffic is re-routed to the SW Arterial. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 30-20 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 16 Mis- cellaneous City Provisions, Division 2 Trucks and/or Machinery, Section 9-16-321.901 Motor Truck Routes. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 30-20 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI- CLES AND TRAFFIC, CHAPTER 16 MISCELLANEOUS CITY PROVISIONS, DIVISION 2 TRUCKS AND/OR MACHINERY, SECTION 9-16-321.901 MOTOR TRUCK ROUTES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 9-16-321.901 of the City of Dubuque Code of Ordinances is amended to read as follows: 23 9-16-321.901: MOTOR TRUCK ROUTES: A. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (5 tons) must travel over marked highways when operating in the city and may not depart from such m arked highways, except that any motor truck whose destination is in the city may depart from such highway at that point on the highway nearest to its destination and then proceed directly to such destination. B. Motor trucks whose trips originate within the city must travel by the most direct route to that point on a marked highway nearest to such point of origin. C. Motor trucks entering the city on an unmarked highway must proceed to the near- est marked highway by the most direct route and then proceed to their destination, except when the destination lies between the point of entry into the city and the marked highway. This prohibition shall not apply to Central Avenue and White Street between 4th Street and 32nd Street from the de-designation of Central Ave- nue and White Street as the Iowa Highway 52 motor truck route through the City of Dubuque by the Iowa Department of Transportation and continue through De- cember 31, 2022. D. Motor trucks registered for a gross weight limit exceeding ten thousand (10,000) pounds (5 tons) must not travel over the following streets: Ice Harbor Drive, from 1st Street to the 3rd Street Overpass. Main Street, from 5th Street to 9th Street. E. The city manager is authorized to designate and establish by appropriate signs alternate motor truck routes and to post signs limiting motor trucks registered with a gross weight limit exceeding ten thousand (10,000) pounds (5 tons) from oper- ating on nonhighway streets and the streets designated in subsection D of this section. F. The provisions of this section governing the travel of motor trucks on residential streets do not apply to public or private carriers of passengers on tour, fixed de- mand response, or dial-a-ride routes or school or church buses. G. The scheduled fine for a violation of this section is fifty dollars ($50.00). Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 3rd day of August 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of August 2020. /s/Kevin S. Firnstahl, City Clerk 7. Operation New View / HACAP Merger Memorandum of Understanding : City Man- ager recommended approval of a resolution supporting a memorandum of understanding (MOU) that outlines a merger process between Operation New View and HACAP Com- munity Action Agencies. Motion by Roussell to receive and file the documents and adopt Resolution No. 244-20 Supporting a Memorandum of Understanding (MOU) outlining the merger process between Operation New View and HACAP Community Action Agencies. Seconded by Resnick. Council Member Roussell, and ONV Board Member provided some concluding comments in support of the merger. City ONV Board designee Cori Burbach reviewed agency funding. Motion carried 7-0. RESOLUTION NO. 244-20 24 SUPPORTING A MEMORANDUM OF UNDERSTANDING (MOU) OUTLINING THE MERGER PROCESS BETWEEN OPERATION NEW VIEW AND HACAP COMMUNITY ACTION AGENCIES Whereas, the Dubuque City Council, one of the 28E Partners of Operation: New View Community Action Agency, which is the established oversite group of ONV, has agreed upon the dissolution of the Agency, effective September 30, 2020; and Whereas the Dubuque City Council, as a member of the 28E Partner Group, agrees to name Hawkeye Area Community Action Program, Inc. as the new Community Action Agency that will provide similar services to the Operation New View service area; and Whereas the Dubuque City Council makes the following finding of facts: • Once the merger is complete, ONV will be absorbed by HACAP and cease to exist as an agency. Programs, funding, and employees will be transferred to HACAP as outlined below. • ONV and its 28E partners will resolve and cure all debts by 9/30/20 with the excep- tion of the Dyersville USDA loan and property leases for Dubuque, Delaware and Jackson county offices. Those will be transferred to HACAP. • The actual debt total (or refund) will be made aft er the final audit is complete and will be based on the formula agreed upon by the 28E partners. • Any other pending or potential lawsuits or legal actions regarding ONV will be dis- closed and resolved. • ONV employees will come into the HACAP organization with immediate benefit cov- erage for all plans currently offered to HACAP employees. (Benefits will be extended prior to merger in order to provide seamless coverage.) • At the time of merger, HACAP will recognize time and experience of ONV employ- ees when placing them in the benefits, disability coverage, PTO and pay scale. • ONV will work with the Division of Community Action Agencies to terminate ONV program contracts under their control and transfer them along with the funding to HACAP at the time of merger. This would include LIHEAP, CSBG and Weatheriza- tion contracts. • Child and Adult Care Feeding Program (CACFP) and funding will be transferred to HACAP. • The Green Foundation funds will be used only in the former ONV service area (Dubuque, Jackson, and Delaware Counties) for the purposes intended in the grant (medical-related expenses.) • HACAP agrees to maintain a physical office, open to the public in each county served by ONV: Dubuque, Delaware, and Jackson Counties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. This Resolution is hereby approved. Section 2. The City Council supports the attached Memorandum of Understanding (MOU) outlining the merger process between Operation New View and HACAP Commu- nity Action Agencies Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 25 8. Fiscal Year 2021 Arts & Culture Operating Support Grant Funding Levels Recom- mendation: City Manager recommended City Council concurrence with the recom- mended recipients and grant amounts of the Fiscal Year 2021 Arts & Culture Operating Support Grants as recommended by the Arts & Cultural Affairs Advisory Commission. Motion by Cavanagh to receive and file the document and approve the recommendation. Seconded by Sprank. Motion carried 7-0. 9. Community Development Block Grant (CDBG) Agreement with the Dubuque County ISU Extension: City Manager recommended approval of the Purchase of Services Grant Agreement with Dubuque County ISU Extension for part of the Leisure Services Neigh- borhood Recreation Program. Motion by Resnick to receive and file the documents and adopt Resolution No. 245-20 Authorizing execution of a Community Development Block Grant Agreement with Dubuque County ISU Extension. Seconded by Jones. Motion car- ried 7-0. RESOLUTION NO. 245-20 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH DUBUQUE COUNTY ISU EXTENSION Whereas, Dubuque County ISU Extension requested funding from Neighborhood Rec- reation Programs to provides equitable recreational and educational summer programs for low- or moderate-income children; and Whereas, the City Council approved the Community Development Block Grant budget that included the contribution to Neighborhood Recreation Programs; and Whereas, the submission has been approved by the Community Development Advi- sory Commission with the approval of the FY2021-2025 CDBG Consolidated 5 Year Plan on February 19, 2020; and Whereas, services provided will be to a minimum of 51% low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, beginning July 1, 2020 for a Com- munity Development Block Grant to Dubuque County ISU Extension in the amount of $2,000 to provide equitable music lessons for low- or moderate-income children is hereby accepted. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of August 2020 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Community Development Block Grant (CDBG) Agreement with the Dubuque Visit- ing Nurse Association (VNA): City Manager recommended approval of the Community Development Block Grant (CDBG) Agreement with the Dubuque Visiting Nurse Associa- tion (VNA) to assist with acquisition of real property by long -term lease for expansion of current services. Motion by Resnick to receive and file the documents and adopt Resolu- tion No. 246-20 Authorizing execution of a Community Development Block Grant 26 Agreement with the Dubuque Visiting Nurse Association. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 246-20 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH DUBUQUE VISITING NURSE ASSOCIATION Whereas, Dubuque Visiting Nurse Association prepared and submitted a request for a Community Development Block Grant to relocate and expand current services into prop- erty located at 660 Iowa Street; and Whereas, the City Council approved the Community Development Block Grant budget that included the contribution to Dubuque Visiting Nurse Association; and Whereas, the submission has been app roved by the Community Development Advi- sory Commission with the approval of the Fiscal Year 2021 Annual Action Plan Amend- ment 1 on July 15, 2020 in the amount of $20 ,000; and Whereas, services provided will be to a minimum of 51% low/moderate income resi- dents for a minimum of five years. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the Community De- velopment Advisory Commission beginning July 1, 2020 for a Commu nity Development Block Grant to Dubuque Visiting Nurse Association in the amount of $20,000 to assist with Acquisition of Real Property by Long-Term Lease. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Community Development Block Grant (CDBG) Agreement with the Northeast Iowa School of Music (NISOM): City Manager recommended approval of the Purchase of Ser- vices Grant Agreement with Northeast Iowa School of Music (NISOM) for part of the Neighborhood Recreation Program. Motion by Jones to receive and file the documents and adopt Resolution No. 247-20 Authorizing execution of a Community Development Block Grant Agreement with Northeast Iowa School of Music . Seconded by Cavanagh. Motion carried 7-0. RESOLUTION NO. 247-20 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT WITH NORTHEAST IOWA SCHOOL OF MUSIC Whereas, Northeast Iowa School of Music requested funding from Neighborhood Rec- reation Programs to provide equitable music lessons for low - or moderate-income chil- dren; and Whereas, the City Council approved the Community Development Block Grant budget that included the contribution to Neighborhood Recreation Programs; and Whereas, the submission has been approved by the Community Development Advi- sory Commission with the approval of the FY 2021-2025 CDBG Consolidated 5 Year Plan on February 19, 2020; and 27 Whereas, services provided will be to a minimum of 51% low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, beginning July 1, 2020 for a Com- munity Development Block Grant to Northeast Iowa School of Music in the amount of $3,000 to provide equitable music lessons for low- or moderate-income children is hereby accepted. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of August 2020 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Fiscal Year 2021 Non-Profit Support Grant Agreement for the Dubuque Dream Center: City Manager recommended approval of the Fiscal Year 2021 Non-Profit Support Grant contract for the Dubuque Dream Center, which provides for continuation of the School Connectors Program. Motion by Roussell to receive and file the documents and adopt Resolution No. 248-20 Authorizing execution of a Community Development Block Grant (CDBG CARES Act) Funded non-profit support agreement with Dubuque Dream Center. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 248-20 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG CARES ACT) FUNDED NON-PROFIT SUPPORT AGREEMENT WITH DUBU- QUE DREAM CENTER Whereas, Dubuque Dream Center prepared and submitted a request for a Non -Profit Support Grant to provide meals, academic support, and continue School Connectors pro- gram through phone calls, text, and Zoom meetings; and Whereas, the City Council approved the Community Development Block Grant FY 2020 Annual Action Plan Amendment 2 budget that included the CARES Act allocation; and Whereas, the submission has been approved by the Community Development Advi- sory Commission on July 15, 2020 in the amount of $15,000; and Whereas, services provided will be to a minimum of 51% low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the Community De- velopment Advisory Commission beginning July 1, 2020 for a Non -Profit Support Grant to Dubuque Dream Center to provide meals, academic support, and continue School Connectors program through phone calls, text, and Zoom meetings. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 28 13. Fiscal Year 2021 Non-Profit Support Grant Agreement for the Fountain of Youth : City Manager recommended approval of the Fiscal Year 2021 Non-Profit Support Grant contract for Fountain of Youth that provides for the expansion of the Community in Change and Partners in Change Programs. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 249-20 Authorizing Execution of a Community De- velopment Block Grant (CDBG CARES Act) Funded non -profit support agreement with Fountain of Youth. Seconded by Roussell. Motion carried 7-0. RESOLUTION NO. 249-20 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG CARES ACT) FUNDED NON-PROFIT SUPPORT AGREEMENT WITH FOUN- TAIN OF YOUTH Whereas, Fountain of Youth prepared and submitted a request for a Non-Profit Support Grant to expand their Community in Change and Partners in Change Program; and Whereas, the City Council approved the Community Development Block Grant FY 2020 Annual Action Plan Amendment 2 budget that included the CARES Act allocation; and Whereas, the submission has been approved by the Community Development Advi- sory Commission on July 15, 2020 in the amount of $15,000; and Whereas, services provided will be to a minimum of 51% low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the Community De- velopment Advisory Commission beginning July 1, 2020 for a Non -Profit Support Grant to expand their Community in Change and Partners in Change Program. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Fiscal Year 2021 Non-Profit Support Grant Agreement with the Riverview Center: City Manager recommended approval of the Fiscal Year 2021 Non-Profit Support Grant contract for Riverview Center that provides funding for the Sexual Assault and Abuse Crisis Intervention and Response Program. Motion by Roussell to receive and file the documents and adopt Resolution No. 250-20 Authorizing Execution of a Community De- velopment Block Grant (CDBG CARES Act) funded Non-Profit Support Agreement with Riverview Center. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 250-20 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG CARES ACT) FUNDED NON-PROFIT SUPPORT AGREEMENT WITH RIVER- VIEW CENTER 29 Whereas, Riverview Center prepared and submitted a request for a Non-Profit Support Grant to maintain their Sexual Assault & Abuse Crisis Intervention & Response Program; and Whereas, the City Council approved the Community Development Block Grant FY 2020 Annual Action Plan Amendment 2 budget that included the CARES Act allocation; and Whereas, the submission has been approved by the Community Development Advi- sory Commission on July 15, 2020 in the amount of $15,000 ; and Whereas, services provided will be to a minimum of 51% low/moderate income resi- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the Community De- velopment Advisory Commission beginning July 1, 2020 for a Non -Profit Support Grant to Riverview Center to maintain their Sexual Assault & Abuse Crisis Intervention & Re- sponse Program. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. Fiscal Year 2021 Non-Profit Support Grant Agreement for the St. Mark Youth En- richment: City Manager recommended approval of the Fiscal Year 2021 Non-Profit Sup- port Grant contract for St. Mark Youth Enrichment that provides for the St. Mark Apples for Students Program. Motion by Cavanagh to receive and file the documents and adopt Resolution No. 251-20 Authorizing Execution of a Community Development Block Grant (CDBG CARES Act) funded non-profit support agreement with St. Mark Youth Enrich- ment. Seconded by Sprank. Motion carried 7-0. RESOLUTION NO. 251-20 AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG CARES ACT) FUNDED NON-PROFIT SUPPORT AGREEMENT WITH ST. MARK YOUTH ENRICHMENT Whereas, St. Mark Youth Enrichment prepared and submitted a request for a Non- Profit Support Grant to expand their Apples for Students Program to provide school sup- plies for an additional 1500 students; and Whereas, the City Council approved the Community Development Block Grant FY 2020 Annual Action Plan Amendment 2 budget that included the CARES Act allocation; and Whereas, the submission has been approved by the Community Development Advi- sory Commission on July 15, 2020 in the amount of $15,000; and Whereas, services provided will be to a minimum of 51% low/moderate income res i- dents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 30 Section 1. That the Funding Approval/Agreement, authorized by the Community De- velopment Advisory Commission beginning July 1, 2020 for a Non -Profit Support Grant to St. Mark Youth Enrichment to expand their Apples for Students Program to provide school supplies for an additional 1500 students. Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to execute said Agreement and related documents on behalf of the City of Dubuque, Iowa. Passed, approved, and adopted this 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Jones referenced comments made during the earlier work session in support of a special session of the Council to support a mask mandate related to COVID- 19. Mayor Buol stated that he would discuss a posting and publishing timeline with the City Manager, City Attorney and City Clerk. There being no further business, upon motion Mayor Buol declared the meeting ad- journed at 8:34 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk