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9 3 13 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on September 3, 2013 th 2013 in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on the Human Rights Department. WORK SESSION Human Rights Department Human Rights Director Kelly Larson, Training Workforce Development Coordinator Andre Lessears, Community Engagement Coordinator Nikola Pavelic, and Human Re- lations Specialist Manisha Paudel presented on the current goals, duties, activities of the restructured Human Rights Department. Topics included:  Areas of compliance and commitment while maintaining fairness and equity  Change informed by input, data and Council direction  Department workflow from director, intake, and staff  Training and Workforce Development Priorities and goals o Attract, Recruit, Support and Retain (ARSR) Model o  Community Engagement Coordinator Priorities o Inform, Consult, Actively Include o Engagement Opportunities o Service Areas – Assisting, Planning, Facilitating o Projects and Engagement Variables o  Human Relations Specialist Priorities o Relationship Building o Outreach vs. Reach In Concepts o Cultural Voice o Partnerships, Residents Lead o The City Council had discussion with staff following the presentation. There being no further business, upon motion the City Council adjourned at 6:25 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on September 3, 2013 th 2013 in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl 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) Dubuque Oktoberfest Day (September 14, 2013) was accepted by Terry Mozena, rd 1036 W. 3 St.; Voices from the Warehouse Days (September 7 - October 4, 2013) was accepted by Gene Tully, 448 Summit St.; Barbershop Harmony Week (September 14-21, 2013) was accepted by Joel Gorun, 710 Kane St.; Life Insurance Awareness Month (September 2013) was accepted by Scott Goins, 3100 Cedar Crest Rdg.; Drive the Great River Road Anniversary Month (September 2013) was accepted by John Goodmann, 1306 Tomahawk Dr.; (Anti-Bullying Awareness Day (September 14, 2013) was removed from the agenda) CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 7-0. Minutes and Reports Submitted: City Council proceedings of August 19, 20 & 21; Community Development Advisory Commission of 7/23; Housing Commission of 7/23 and 7/31; Library Board of Trustees of 7/25; Zoning Board of Adjustment of 8/22; Proof of Publication for City Council proceedings of 8/5. Upon motion the documents were re- ceived and filed. Notice of Claims and Suits: Joanne Gassman for vehicle damage, Deb Lynch for ve- hicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 2 Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Joanne Gassman for vehicle damage; Deb Lynch for vehicle damage. Upon motion the documents were received, filed and concurred. AmeriCorps Partners in Learning Grant Award 12-13 (Grant 12-AC-13): City Manager recommending approval of the grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque AmeriCorps Program. Upon motion the documents were received, filed and approved. Consent Decree Semiannual Report: City Manager recommending certification of the September 30th Semi Annual Consent Decree Report to be submitted to the U.S. De- partment of Justice, U.S. EPA and the Iowa Department of Natural Resources. Upon motion the documents were received, filed and approved. Childhood Lead Poisoning Prevention Agreements: City Manager recommending ap- proval of a contract with the Dubuque County Board of Health and the Iowa Department of Public Health for continued funding of the Childhood Lead Poisoning Prevention Pro- gram and a renewed agreement with the Visiting Nurse Association for services related to the Childhood Lead Poisoning Prevention Program and Healthy Homes Program. Upon motion the documents were received, filed and approved. th Lease Property Platting at East 16 Street and Kerper Blvd (Bee Branch Subdivision No. 2): City Manager recommending approval of the Plat of Survey for Lot 1-1 and 2-1 of Bee Branch Subdivision No. 2 in order to establish the boundaries and acreage of a th lease property at East 16 Street and Kerper Boulevard. Upon motion the documents were received and filed and Resolution No. 276-13 Approving Plat of Survey of Lot 1-1 and Lot 2-1 of Bee Branch Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 276-13 APPROVING PLAT OF SURVEY OF LOT 1-1 AND LOT 2-1 OF BEE BRANCH SUB- DIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, rd a plat dated the 23 day of August, 2013, prepared by the City of Dubuque Engineering Department, dividing Lot 1 of Bee Branch Subdivision No. 2 except those portions taken for Right of Way, to be hereinafter known as Lot 1-1 and Lot 2-1 of Bee Branch Subdivi- sion No. 2 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: rd Section 1. That the plat dated the 23 day of August, 2013, prepared by the City of Dubuque Engineering Department 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. 3 Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. rd Passed, approved and adopted this 3 day of September 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk Sidewalk Installation Project - Area 2 McAleece / Admiral Sheehy Drive Project Ac- ceptance: City Manager recommending acceptance of the 2013 Leisure Services Side- walk Installation Project – Area 2 McAleece/Admiral Sheehy Drive, as completed by Skyline Construction, and authorizing payment to the contractor. Upon motion the doc- uments were received and filed and Resolution No. 277-13 Accepting the 2013 Leisure Services Sidewalk Installation Project Area 2 McAleece/Admiral Sheehy Drive and au- thorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 277-13 ACCEPTING THE 2013 LEISURE SERVICES SIDEWALK INSTALLATION PROJECT AREA 2 MCALEECE/ADMIRAL SHEEHY DRIVE AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2013 Leisure Services Sidewalk Installation Project - Area 2 McAleece/Admiral Sheehy Drive (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the McAleece Sidewalks capital improvement appropriation for the contract amount of $16,234.65 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. rd Passed, approved and adopted this 3 day of September, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk ECIA Contract Amendment No. 3 - Linseed Oil Paintworks Company Building: City Manager recommending approval of an amendment to the contract with East Central Intergovernmental Association (ECIA) to assist the City with grant administration for the amended Community Development Block Grant (CDBG) Disaster Recovery Fund Con- tract, from the Iowa Economic Development Authority, associated with the recent com- mitment for redevelopment of the Linseed Oil Paintworks Company Building. Upon mo- tion the documents were received and filed and Resolution No. 278-13 Resolution of 4 the City of Dubuque approving Amendment Number 3 for project administration to East Central Intergovernmental Association for Community Development Block Grant, Hous- ing Disaster Recovery Fund Contract, #08-DRH-212, between the City of Dubuque and the Iowa Economic Development Authority was adopted. RESOLUTION NO. 278-13 THE CITY OF DUBUQUE APPROVING AMENDMENT NUMBER 3 FOR PROJECT ADMINISTRATION TO EAST CENTRAL INTERGOVERNMENTAL ASSOCIATON FOR COMMUNITY DEVELOPMENT BLOCK GRANT, HOUSING DISASTER RECOVERY FUND CONTRACT, #08-DRH-212, BETWEEN THE CITY OF DUBUQUE AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY. Whereas, The City of Dubuque, Iowa is party to the Agreement creating the East Central Intergovernmental Association (hereinafter called the ECIA) and is a member in good standing; and Whereas, The City of Dubuque, Iowa wishes to engage the ECIA to provide contin- ued technical and professional services for grant administration of the City of Dubuque’s Community Development Block Grant, Housing Disaster Recovery Fund Contract (#08- DRH-212) with the Iowa Economic Development Authority; and Whereas, Articles II, III (12), and VIII (2) and (3) of the Articles of Agreement of the East Central Intergovernmental Association gives the ECIA the authority to perform ser- vices under consideration. NOW, THEREFORE, BE IT RESOLVED, that the East Central Intergovernmental Association is hereby authorized to provide staff assistance as prescribed in the at- tached Contract for Services and Scope of Services. rd Passed, approved, and adopted this 3 day of September, 2013. Roy Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk City of Peosta - Agreement for Relocation and Expansion of TriState Quality Metals: City Manager recommending approval of an agreement with the City of Peosta concern- ing the expansion of TriState Quality Metals. Upon motion the documents were received and filed and Resolution No. 279-13 Authorizing the approval and execution of an agreement between the City of Peosta, Iowa, and the City of Dubuque was adopted. RESOLUTION NO. 279-13 AUTHORIZING THE APPROVAL AND EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF PEOSTA, IOWA AND THE CITY OF DUBUQUE, IOWA Whereas, TriState Quality Metals, a Peosta Company, is proposing to expand its number of employees and size of facility; and Whereas, the company desires relocation to Dubuque due to insufficient options for expansion in Peosta; and Whereas, the company will be requesting Tax Increment Financing (TIF) from the City of Dubuque; and Whereas, in order to provide TIF to a relocating Iowa company, the City of Dubuque and City of Peosta must enter into a mutual agreement; and Whereas, the City of Peosta signed the agreement on August 13, 2013. 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That the Mayor is hereby authorized to execute the agreement between the City of Dubuque and City of Peosta. Section 2. That the City Clerk is directed to remit an original signed agreement to the City of Peosta and retain an original signed agreement for internal records. rd Passed, approved, and adopted this 3 day of September, 2013. Roy Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Geologic Computer Systems, Inc.: City Attorney recommending approval of an Agreement for Reimbursement of Costs and Release Agreement for legal action asso- ciated with the purchase of copyrighted GeoSite software for the Dubuque Metropolitan Area Solid Waste Agency. Upon motion the documents were received, filed and ap- proved. Airport Commission: Commissioner Michael A. Santillo submitting his resignation from the Airport Commission. Upon motion the document was received, filed and the resignation accepted. Westbrook Subdivision No. 2 - Acceptance of Warranty Deed: City Manager recom- mending acceptance of the Warranty Deed to the open space lot that the developer, Callahan Construction, Inc., is dedicating to the City in Westbrook Subdivision No. 2. Upon motion the documents were received and filed and Resolution No. 280-13 Accept- ing a Deed to Lot R in Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 280-13 ACCEPTING A DEED TO LOT R IN WESTBROOK SUBDIVISION NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 123-11, Lot R, shown on the Final Plat of West- brook Subdivision No. 2 as “Open Space”, was to be accepted upon completion of cer- tain conditions as detailed in Section 8 of said resolution; and Whereas, the conditions detailed in Section 8 of Resolution 123-11 have been ful- filled and met by the developer and the City Manager has reviewed the work, and has recommended that Lot R be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acceptance of the at- tached Warranty Deed to the following legally described property: Lot R of Westbrook Subdivision No. 2 in the City of Dubuque, Iowa, according to the recorded plat thereof, subject to and together with easements and restrictions of record. Section 2. That the City of Dubuque be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Record- er, 6 Section 3. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. rd Passed, adopted and approved this 3 day of September, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2013 Justice Assistance Grant (JAG) Grant Acceptance: City Manager recommend- ing approval to accept the 2013 Justice Assistance Grant (JAG) award in the amount of $26,580 from the Edward Byrne Memorial Assistance Grant program and authorize the signing of the award document and special conditions. Upon motion the documents were received, filed and approved. Mediacom Communications Company: Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Company, informing the City of programming changes beginning August 30, 2013. Upon motion the docu- ment was received and filed. Improvement Contracts and Maintenance Bonds: Horsfield Construction, Inc. for the Dubuque Industrial Center South PCC Paving and Utilities Project 2013; Iowa Depart- ment of Transportation contract with Horsfield Construction, Inc. for the Elm Street Re- thththth construction 9-12 Sts. Project; Portzen Construction for the 9 and 11 Street One- Way to Two-Way Conversion Project; Ted Stackis Construction for deconstruction of 2425 Washington Street property. Upon motion the documents were received, filed and approved. Signed Contracts: Iowa Department of Transportation Supplemental Agreement (Lighting) for maintenance of primary roads (US 52/61/151and US 3/US 52). Upon mo- tion the document was received and filed. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 281-13 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 281-13 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 ap- proved; and 7 Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation. Renewals Crust Italian Kitchen and Bar 299 Main St. Class C Liquor, Class B Wine (Catering) (Outdoor) (Sunday) Eagle Country Market 1800 Elm St. Class E Liquor, Class B Wine, Class C Beer (Carryout Beer) (Sunday) Los Aztecas Mexican Rest. 2700 Dodge St. Class C Liquor (Sunday) Mystique Community Ice Center 1800 Admiral Class C Liquor (Sunday) Sheehey Dr. Wal-Mart Supercenter #2004 4200 Dodge St. Class E Liquor, Class B Wine, Class C Beer (Carryout Beer) (Sunday) New West Dubuque Tap 1701 Asbury Class C Liquor (Sunday) Special Event Four Mounds Foundation 4900 Peru Rd. Special Class C Liquor (Beer/Wine) rd Passed, approved and adopted this 3 day of September, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding appointment to the fol- lowing boards/commissions: Community Development Advisory Commission: One 3-year term through February 15, 2015 (Vacant term of Rathje). Applicant: Angela Kelley, 205 Bluff St. Apt 2E. Zoning Advisory Commission: One 3-year term through July 1, 2016 (Expired term of Bird). Applicant: Michael Belmont, 222 Dillion St. Mr. Belmont spoke in support of his appointment. Appointments to the following commissions to be made at this meeting: Zoning Board of Adjustment: One 5-year term through March 25, 2016 (At-will term of Klauer). Applicant: Jonathan McCoy, 263 Main St. Motion by Braig to appoint Jonathan McCoy to the remainder of a 5-year term through March 25, 2016. Seconded by Con- nors. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 8 Fiscal Year 2014 Budget Amendment No 1.: Proof of publication on notice of public hearing to consider approval of the Fiscal Year 2014 Budget Amendment No. 1 and the City Manager recommending approval. Motion by Jones to receive and file the docu- ments and adopt Resolution No. 282-13 Amending the current budget for the Fiscal Year 2014. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 282-13 AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30, 2014 Be it Resolved by the Council of the City of Dubuque: Section 1. Following notice published and the public hearing held, 09/03/2013 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at that hear- ing: Total Budget Total Budget Current as certified after Current Amendment or last amended Amendment Revenues & Other Financing Sources Taxes Levied on Property 23,197,623 0 23,197,623 1 Less: Uncollected Property Taxes-Levy Year 0 0 0 2 Net Current Property Taxes 23,197,623 0 23,197,623 3 Delinquent Property Taxes 0 0 0 4 TIF Revenues 9,752,170 0 9,752,170 5 Other City Taxes 15,560,397 0 15,560,397 6 Licenses & Permits 1,368,930 0 1,368,930 7 Use of Money and Property 14,021,131 143,000 14,164,131 8 Intergovernmental 32,651,928 38,271,207 70,923,135 9 Charges for Services 35,954,213 102,615 36,056,828 10 Special Assessments 55,038 904,970 960,008 11 Miscellaneous 7,874,906 2,961,746 10,836,652 12 Other Financing Sources 26,950,892 49,325,140 76,276,032 13 Total Revenues and Other Sources 167,387,228 91,708,678 259,095,906 14 Expenditures & Other Financing Uses 27,115,833 624,393 27,740,226 Public Safety 15 Public Works 12,223,715 548,316 12,772,031 16 Health and Social Services 998,450 202,364 1,200,814 17 Culture and Recreation 10,916,031 547,564 11,463,595 18 Community and Economic Development 13,343,613 423,201 13,766,814 19 General Government 7,472,570 303,787 7,776,357 20 Debt Service 7,613,632 0 7,613,632 21 Capital Projects 25,588,595 58,864,545 84,453,140 22 Total Government Activities Expenditures 105,272,439 61,514,170 166,786,609 23 Business Type / Enterprises 43,723,844 77,190,606 120,914,450 24 Total Gov Activities & Business Expenditures 148,996,283 138,704,776 287,701,059 25 Transfers Out 20,747,941 4,338,689 25,086,630 26 Total Expenditures/Transfers Out 169,744,224 143,043,465 312,787,689 27 Excess Revenues & Other Sources Over (Under) Ex- penditures/Transfers Out Fiscal Year -2,356,996 -51,334,787 -53,691,783 28 29 Beginning Fund Balance July 1 25,076,317 51,334,787 76,411,104 30 Ending Fund Balance June 30 22,719,321 0 22,719,321 31 9 rd Passed this 3 day of September 2013 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Code of Ordinances Title 16 Unified Development Code Amendment - Home-Based Businesses (Second Reading): Second reading of a request by Beverly Knockel to amend Section 7-1.3 of the City of Dubuque’s Unified Development Code to add firearm sales to the list of prohibited home-based businesses and the Zoning Advisory Com- mission recommending approval. Motion by Braig to table a proposed ordinance amending City of Dubuque Code of Ordinances, Title 16 Unified Development Code, Chapter 7 Supplemental Use Regula- tions Section 7-1.3 Prohibited Home-Based Business Uses to add firearm sales as a prohibited home-based business and return the item to staff for a work session to be scheduled at a future date. Seconded by Connors. Motion carried 6-1 with Resnick vot- ing nay. Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson presented a verbal report on the activities of the Greater Dubuque De- velopment Corporation, new staff, and new location. Motion by Connors to receive and file the information. Seconded by Resnick. Motion carried 7-0. Pre-Annexation Agreement - Truck Country: City Manager recommending approval of a Pre-Annexation Agreement with McCoy Family Properties and Truck Country of Io- wa, Inc., for property located at 10785 Route 61, Dubuque, Iowa, which facilitates the extension of water and sanitary sewer to service Truck Country’s site prior to its an- nexation and rezoning. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0. Fund Reserve Policies: City Manager recommending approval of Fund Reserve Poli- cies. Motion by Connors to receive and file the documents and approve the recommen- dation. Seconded by Braig. Motion carried 7-0. Sustainable Neighborhood Builders, Inc., Housing Enterprise Agreement Amend- ment: City Manager recommending concurrence with the Enterprise Zone Commission approval and execution of Contract Amendment Number 1, and authorizing the Mayor to execute Contract Amendment Number 2 to the Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City and Sus- tainable Neighborhood Builders, Inc. Motion by Connors to receive and file the docu- ments and adopt Resolution No. 283-13 Providing concurrence to Enterprise Zone Commission approval of Contract Amendment Number 1 to Enterprise Zone Agreement Number 09-HEZ-051 while approving the application for Contract Amendment Number 2 to Enterprise Zone Agreement Number 09-HEZ-051 and authorizing the Mayor to ex- 10 ecute Amendment Number 2 upon receipt of contract documents from the Iowa Eco- nomic Development Authority. Seconded by Jones. Acting Economic Development Di- rector responded to questions from the City Council. Motion carried 7-0. RESOLUTION NO. 283-13 PROVIDING CONCURRENCE TO ENTERPRISE ZONE COMMISSION APPROVAL OF CONTRACT AMENDMENT NUMBER 1 TO ENTERPRISE ZONE AGREEMENT NUMBER 09-HEZ-051 WHILE APPROVING THE APPLICATION FOR CONTRACT AMENDMENT NUMBER 2 TO ENTERPRISE ZONE AGREEMENT NUMBER 09-HEZ- 051 AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER 2 UPON RECEIPT OF CONTRACT DOCUMENTS FROM THE IOWA ECONOMIC DE- VELOPMENT AUTHORITY Whereas, the City of Dubuque has established two Enterprise Zones and an Enter- prise Zone Commission; and Whereas, the Enterprise Zone Commission on June 17, 2009 approved the applica- tion of Sustainable Neighborhood Builders, Inc. for Housing Enterprise Zone benefits; and Whereas, Enterprise Zone Agreement Number 09-HEZ-51 (the Agreement), between the City, Sustainable Neighborhood Builders, Inc. and the Iowa Economic Development Authority (IEDA) was approved by the City Council on August 3, 2009; and Whereas, the application for Amendment Number 1 to the Contract was approved by the Enterprise Zone Commission on July 19, 2012 and later, the Commission executed the contract documents upon receipt from the IEDA; and Whereas, Amendment Number 1 allowed for the Agreement to remain in effect until the creation of 130 multi-family units; and Whereas, the application for Amendment Number 2 to the Contract was approved by the Enterprise Zone Commission on July 16, 2013; and Whereas, Amendment Number 2 has not yet been approved by the IEDA; and Whereas, Amendment Number 2 would amend the housing business in the Agree- ment from Sustainable Neighborhood Builders, Inc. to Novelty Iron Landlord LLC, the number of multi-family units from 130 to 76, the project investment from $38.85 million to $28.97 million with $13.7 million eligible for the enterprise zone benefits, and acknowledge that five of the units will be available for income qualified rates; and Whereas, the IEDA allows local execution of Enterprise Zone Contract documents by the City Council or Enterprise Zone Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. That the City Council concurs with the Enterprise Zone Commission re- garding the approval of Amendment Number 1 to Enterprise Zone Agreement Number 09-HEZ-51. Section 2. That the City Council finds that the application for the proposed Amend- ment Number 2 to Enterprise Zone Agreement Number 09-HEZ-51 is acceptable and necessary to the growth and development of the city. Section 3. That the Mayor is authorized and directed to execute Amendment Number 2 on behalf of the City of Dubuque upon receipt of contract documents from the Iowa Economic Development Authority. 11 rd Passed, approved and adopted this 3 day of September, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Connors reported on the recent delegation visit from Dubuque’s Sis- ter City of Handan, China, and the gifts given to the City by the delegates for display. PUBLIC INPUT Jacob Long, 4604 Cardinal Dr., addressed the City Council about what he believes are benefits of and the need for home-based businesses. Jay Kolker, 1763 Rosemont St., inquired about the criteria used by the Zoning Advi- sory Commission in determining a list of prohibited home-based businesses. Council Member Braig informed Mr. Kolker that information on the topic is forthcoming at a fu- ture work session. There being no further business, upon motion the City Council adjourned at 7:43 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 12