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7 5 16 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 5, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; 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) Sister Cities International Day (July 15, 2016) was accepted by Sister City Relation- ships Advisory Commission Chairperson Jeff Jochum. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 6/20; Community Development Advisory Commission of 6/15; Civil Service Commission of 6/21; Park and Recreation Advisory Commission of 6/14; Proof of Publication for City Council Proceed- ings of 6/2; Proofs of Publication for 2016 Water Quality Report for the City of Dubuque and 2015 Water Quality Report for Twin Ridge Corp. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Jacob Leib for property damage; Cheryl Leirmoe- Kaiser for vehicle damage; Susan Swanson for vehicle damage. Upon motion the doc- uments were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance 1 Pool: Jacob Leib for property damage; Cheryl Leirmoe-Kaiser for vehicle damage; Su- san Swanson for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Eagles "Eyes on the Future" People that Make a Difference: City Manager trans- mitting Dubuque Eagles "Eye's on the Future" Committee's People Who Make a Differ- ence recognition of the Dubuque Police Department and Public Works Employee Wil- liam Kelly. Upon motion the documents were received and filed. 5. Fair Housing Training Under Voluntary Compliance Agreement: City Manager rec- ommending approval for the City Manager to execute an agreement with Clear Impact to conduct the Fair Housing Training under the Voluntary Compliance Agreement. Upon motion the documents were received, filed and approved. 6. Legal Aid Fair Housing Initiatives Program - Letters of Support: City Manager rec- ommending approval of letters of support from the Human Rights Department and the Housing & Community Development Department to support Iowa Legal Aid's Fair Hous- ing Initiative Program with planning and implementing local fair housing outreach events over the next year and distributing fair housing materials created by Legal Aid. Upon motion the documents were received, filed and approved. 7. Iowa Cancer Consortium - Radon Grant Application: City Manager recommending approval for the City Manager to execute a contract for a grant award from the Iowa Cancer Consortium to purchase short-term Radon kits to be used to compliment funds of the Lead & Healthy Homes Program, Rehabilitation Program, and the National Disas- ter Resiliency Program. Upon motion the documents were received, filed and approved. 8. Upper Bee Branch Creek, Landscaping Improvement Additions: City Manager rec- ommending approval to modify the landscape design for the Upper Bee Branch Creek Project to allow for the substitution of My Holiday Lawn® bluegrass seeding in place of fescue sod & seeding, and expand the irrigation system to be able to water the seeded areas, trees, and plantings along the entire Upper Bee Branch Creek Project corridor. Upon motion the documents were received, filed and approved. 9. Fiscal Year 2015 Carter Road Detention Basin Manhole Repair Project Award and Completion: City Manager recommending that the award and completion of the FY15 Carter Road Detention Basin Manhole Repair Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 10. Acceptance of Lake Eleanor Lift Station and Water Main Improvement Project: City Manager recommending acceptance of the construction contract for the Lake Elea- nor Lift Station Project as completed by Horsfield Construction, Inc. Upon motion the documents were received and filed and Resolution No. 255-16 Accepting the Lake El- eanor Lift Station and Water Main Extension Project and authorizing the payment of the contract amount to the contractor was adopted. 2 RESOLUTION NO. 255-16 ACCEPTING THE LAKE ELEANOR LIFT STATION AND WATER MAIN EXTENSION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Lake Eleanor Lift Station Water Main Extension Project (the Project) has been completed and the City Engineer has ex- amined the work and filed a certificate stating that the Project has been completed ac- cording to the terms of the Public Improvement Contract and that the City Engineer rec- ommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the 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 Lake Eleanor Lift Station and Main Extension Annexation Relocation fund for the con- tract amount of $452,219.97 less any retained percentage provided for therein as pro- vided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE LAKE ELEA- NOR LIFT STATION AND WATER MAIN EXTENSION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Lake Eleanor Lift Station Water Main Extension Project, that the Pro- ject has been performed in compliance with the terms of the Public Improvement Con- tract, and that the total cost of the completed work is $508,513.02. Dated this 21St day of June, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 21st day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 11. Stone Brook Center Second Addition - Dedication of Lot for Storm Water Deten- tion Basin: City Manager recommending the dedication of Lot D of Stone Brook Center Second Addition to the City of Dubuque to be used as a storm water detention basin owned and maintained by the City. Upon motion the documents were received and filed and Resolution No. 256-16 Accepting Lot D in Stone Brook Center Second Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 256-16 ACCEPTING LOT D IN STONE BROOK CENTER SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, Lots A (Stone Valley Drive), Lot B (Boulder Brook Court), and Lot D (De- tention Area), of the Final Plat of Stone Brook Center Second Addition in the City of 3 Dubuque, Iowa, recorded as Instrument No. 4087-04 in the records of the Dubuque County Recorder, were dedicated to the public for the described purposes; and Whereas, Pursuant to Resolution No. 61-04, Lots A (Stone Valley Drive) and Lot B (Boulder Brook Court) of the Final Plat of Stone Brook Center Second Addition in the City of Dubuque, Iowa were accepted by the City of Dubuque for the described purpos- es. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque wishes to now accept the dedication of Lot D of the Final Plat of Stone Brook Center Second Addition. The existing storm water deten- tion facilities serving the subdivision, which are to be owned and maintained by the City, are located on said Lot D Section 2. That the dedication of Lot D of the Final Plat of Stone Brook Center Sec- ond Addition in the City of Dubuque, Iowa, from NEZTROP LLC, is hereby accepted. Passed, adopted and approved this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Stone Brook Center Second Addition - Acceptance of Storm Water Detention Fa- cility: City Manager recommending acceptance of the storm water detention facility that the developer, NEZTROP, LLC, has recently completed and is dedicating in Stone Brook Center Second Addition to the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 257-16 Accepting stormwater detention fa- cilities in Stone Brook Center Second Addition in the City of Dubuque, Iowa was adopt- ed. RESOLUTION NO. 257-16 ACCEPTING STORMWATER DETENTION FACILITIES IN STONE BROOK CENTER SECOND ADDITION, IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution Number 61-04, certain public improvements includ- ing stormwater detention facilities on Lot D of Stone Brook Center Second Addition were installed by the developer of Stone Brook Center Second Addition in the City of Dubuque, Iowa; and Whereas, the said storm water detention facilities have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in con- formance with City specifications, and has recommended that the improvements be ac- cepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 3. That the recommendation of the City Manager be approved and that said storm water detention facilities in Stone Brook Center Second Addition in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 4. That the City waives the requirement that the developer maintain the de- tention facility until 80% of the lots in Stone Brook Center Second Addition are devel- 4 oped and that maintenance of said improvements shall be the responsibility of the City and assessable to the property owners as outlined in Resolution No. 61-04. Passed, adopted and approved this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. 2015 Sewershed 7 & 20 Manhole Replacement Project Acceptance: City Manag- er recommending acceptance of the public improvement construction contract for the 2015 Sewershed 7 & 20 Manhole Replacement Project, as completed by Top Grade Excavating, Inc. Upon motion the documents were received and filed and Resolution No. 258-16 Accepting the 2015 Sewershed 7 & 20 Manhole Replacement Project and authorizing the payment to the contractor was adopted. 5 RESOLUTION NO. 258-16 ACCEPTING THE 2015 SEWERSHED 7 & 20 MANHOLE REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the 2015 Sewershed 7 & 20 Manhole Replacement Project (the Project) has been completed by the Contractor, Top Grade Excavating, Inc. (Contractor), the City Engineer has examined the work and recom- mends that the Project be accepted; and Whereas, the final contract amount for the Project is $150,096.07; and Whereas, the Contractor has previously been paid $142,591.27, leaving a balance of $7,504.80; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the bal- ance of the retainage of $7,504.80 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2015 SEW- ERSHED 7 & 20 MANHOLE REPLACEMENT PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2015 Sewershed 7 & 20 Manhole Replacement Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $157,600.87. Dated this 30th day of June, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 30th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 14. Lowell Street Reconstruction Project Acceptance: City Manager recommending acceptance of the construction contract for the Lowell Street Reconstruction Project as completed by Drew Cook and Sons Excavating. Upon motion the documents were re- ceived 6 and filed and Resolution No. 259-16 Accepting the Lowell Street Reconstruction Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 259-16 ACCEPTING THE LOWELL STREET RECONSTRUCTION PROJECT AND AUTHOR- IZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Lowell Street Reconstruction Pro- ject (the Project) has been completed by the Contractor, Drew Cook & Sons Excavating, Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $230,680.83; and Whereas, the Contractor has previously been paid $219,146.79, leaving a balance of $11,534.04; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the bal- ance of the retainage of $11,534.04 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE LOWELL STREET RECONSTRUCTION PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Lowell Street Reconstruction Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $242,214.87. Dated this 30th day of June, 2016. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 30th day of June, 2016. /s/Kevin S. Firnstahl, City Clerk 15. Dubuque Intermodal Transportation Center Project Acceptance: City Manager recommending acceptance of the construction contract for the Dubuque Intermodal Transportation Center as completed by Conlon Construction. Upon motion the docu- ments were received and filed and Resolution No. 260-16 Accepting the Dubuque In- termodal Transportation Center and authorizing the payment of the contract amount to Conlon Construction Co. was adopted. RESOLUTION NO. 260-16 7 ACCEPTING THE DUBUQUE INTERMODAL TRANSPORTATION CENTER AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO CONLON CON- STRUCTION CO. Whereas, the Public Improvement Contract for the Dubuque Intermodal Transporta- tion Center (the Project) has been completed and the Project has been completed ac- cording to the terms of the Public Improvement Contract and that the Architect and En- gineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to Conlon Construction Co. from the Federal Transportation Grant # IA -04-0124, and Capital Improvement Project # 600-1416 appropriation for the contract amount of $13,218,529.89 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. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Property Acquisition - 2407 Queen Street: City Manager recommending approval to acquire property located at 2407 Queen Street from the Estate of Joseph E. Bell. Up- on motion the documents were received and filed and Resolution No. 261-16 Approving the acquisition of real estate owned by the Joseph E. Bell Estate at 2407 Queen Street in the City of Dubuque was adopted. RESOLUTION NO. 261-16 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE JOSEPH E. BELL ESTATE AT 2407 QUEEN STREET IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of rehabbing and reselling to income qualified households; and Whereas, the acquisition of this property is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement has been finalized with the Estate of Joseph E. Bell of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the agreement for and acquisi- tion of the following legally described property: Lot 1-69 & 2-70 Stafford's Addition in the City of Dubuque, Iowa, according to the recorded plat thereof At the cost of Fifteen Thousand Dollars ($15,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the Estate of Joseph E. Bell, conveying the owner's interest of the proper- ty to the City of Dubuque, Iowa for the herein described real estate. 8 Section 3. That the City Clerk be and is hereby authorized and directed to cause said Deed to be recorded in the office of the Dubuque County Recorder, together with certi- fied copy of the Resolution. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Iowa DOT 5 -Year Maintenance Agreement and Supplemental Agreements: City Manager recommending approval for the City Manager to execute Iowa Department of Transportation Supplemental Agreements for Local Primary Highway Maintenance, Pavement Markings, Julien Dubuque Bridge Sidewalk Maintenance, Street Sweeping Maintenance and Traffic Signal. Upon motion the documents were received, filed and approved. 18. Iowa DOT Funding Agreement - University Avenue and Asbury Road: City Man- ager recommending approval of a Federal Aid Funding Agreement with the Iowa De- partment of Transportation (Iowa DOT) for future capacity improvements at the intersec- tion of University Avenue and Asbury Road. Upon motion the documents were received and filed and Resolution No. 271-16 Approving the Iowa Department of Transportation Federal Aid Funding Agreement for University Avenue - Asbury Road Intersection im- provements was adopted. RESOLUTION NO. 271-16 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUNDING AGREEMENT FOR UNIVERSITY AVENUE - ASBURY ROAD INTERSEC- TION IMPROVEMENTS Whereas, the City of Dubuque acquired the vacant Fahey Family / Rainbo Oil Com- pany property (2239 University Avenue) as an advance protective purchase to preserve the corridor identified in the East-West Corridor Connectivity Study and the future re- construction of the University Avenue - Asbury Road Intersection; and Whereas, the City received authorization from both the Iowa DOT and the Federal Highway Administration (FHWA) to use local federal DMATS Surface Transportation Program (STP) funds to cover the costs (80%) for the advance protective property pur- chase; and Whereas, prior to the City having the ability to receive funding reimbursement for eli- gible expenses incurred to date to complete the advance protective property purchase, the Federal Aid Funding Agreement must be approved and executed; and Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of federal funds for eligible costs for the University Avenue - Asbury Road Intersection Improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa DOT Federal Aid Funding Agreement (6-16-STPU-14) be- tween the City of Dubuque and the Iowa Department of Transportation be hereby ap- proved for the University Avenue - Asbury Road Intersection Improvements. 9 Section 2. That the City Manager be authorized and directed to execute two copies of Iowa DOT Federal Aid Funding Agreement (6-16-STPU-14) between the City of Dubu- que and the Iowa Department of Transportation be hereby approved for the University Avenue - Asbury Road Intersection Improvements. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Hope Evangelical Free Church Parking Agreement: City Manager recommending approval of a five-year Parking Agreement with Hope Evangelical Free Church that will allow them access to the Locust Street Parking Ramp on Sundays for a weekly cost. Upon motion the documents were received and filed and Resolution No. 262-16 Ap- proving a Parking Agreement between the City of Dubuque, Iowa and the Hope Evan- gelical Free Church was adopted. 10 RESOLUTION NO. 262-16 APPROVING A PARKING AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE HOPE EVANGELICAL FREE CHURCH Whereas, The Hope Evangelical Free Church (Hope Church) is developing perma- nent space within the Roshek Building in downtown Dubuque; and Whereas, the Hope Church is in need of parking for the full and efficient use of the newly developed space in the Roshek Building; and Whereas, the City of Dubuque has developed a parking agreement between the two parties for the use of the Locust Street Parking Ramp and the Iowa Street Ramp if cer- tain criteria is met for the term of five (5) years on Sundays only at a weekly cost of $150.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement between the City and The Hope Evangelical Free Church (Hope Church) is hereby approved and the City Manager is authorized to exe- cute said Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 5t day of July, 2015 Roy D, Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 20. Purchase of Services Grant Agreement - St. Mark Youth Enrichment: City Man- ager recommending approval of a Purchase of Services Agreement with St. Mark Youth Enrichment Before & After School Program for Fiscal Year 2017. Upon motion the doc- uments were received, filed and approved. 21. Purchase of Services Grant Agreement - Hillcrest Family Services: City Manager recommending approval of a Purchase of Services Agreement with Hillcrest Family Services for Fiscal Year 2017 for the Diversity Committee to provide cultural competen- cy training for staff. Upon motion the documents were received, filed and approved. 22. Purchase of Services Grant Agreement - Opening Doors: City Manager recom- mending approval of a Purchase of Services Agreement with Opening Doors for Fiscal Year 2017 to fund a full-time staff person to manage the Opening Doors Cottage Indus- try Startup to teach formerly homeless women job skills that will help them become tax- paying members of the community. Upon motion the documents were received, filed and approved. 23. Purchase of Services Grant Agreement - Dubuque Dream Center: City Manager recommending approval of a Purchase of Services Agreement with Dubuque Dream Center for Fiscal Year 2017 to provide academic support for school -aged youth at -risk or presently reading below grade level. Upon motion the documents were received, filed and approved. 24. Purchase of Services Grant Agreement - Lutheran Services in Iowa: City Manag- er recommending approval of a Purchase of Services Agreement with Lutheran Ser- vices in Iowa Community Wraparound Services for Fiscal Year 2017 to allow a degreed 11 Social Worker to provide in-home services on a variety of topics including, but not lim- ited to, parenting, behavioral issues, referral to community resources and skills ses- sions. Upon motion the documents were received, filed and approved. 25. Purchase of Services Grant Agreement - Riverview Center: City Manager rec- ommending approval of a Purchase of Services Agreement with Riverview Center for Fiscal Year 2017 to help fund Riverview Center Sexual Assault Therapy Services. Upon motion the documents were received, filed and approved. 26. Purchase of Services Grant Agreement - Cedar Valley Friends of the Family: City Manager recommending approval of a Purchase of Services Agreement with Cedar Val- ley Friends of the Family Northeast Iowa Shelter Services for Fiscal Year 2017 to pro- vide immediate, confidential safety to anyone fleeing domestic or sexual violence across Northeast Iowa. Upon motion the documents were received, filed and approved. 27. Purchase of Services Grant Agreement - St. John's Lutheran Church: City Man- ager recommending approval of a Purchase of Services Agreement with St. John's Lu- theran Church for Fiscal Year 2017 to help fund St. John's Lutheran Church, Almost Home, which provides overnight shelter to homeless men. Upon motion the documents were received, filed and approved. 28. Purchase of Services Grant Agreement - My GEAR Outreach: City Manager rec- ommending Council approval of a Purchase of Services Agreement with My GEAR Out- reach for Fiscal Year 2017 to provide an overnight bag to children entering foster care for the first time containing items they may need while in foster care. Upon motion the documents were received, filed and approved. 29. Pre -Annexation Agreement — Sweeney: City Manager recommending approval of a Pre -Annexation Agreement with William P. Sweeney, owner of property located at 10524 Key West Drive, which is part of the Twin Ridge and Key West Drive projects. Upon motion the documents were received and filed and Resolution No. 263-16 Ap- proving a Pre -Annexation Agreement between the City of Dubuque, Iowa and William P. Sweeney was adopted. RESOLUTION NO. 263-16 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND WILLIAM P. SWEENEY Whereas, William P. Sweeney, owner of the following described property 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 19, Lot 20, and the south '/2 of Lot 21 in Key West, Section 13, Table Mound Township, Dubuque County, Iowa, according to the recorded plats thereof; subject to highway and easements of record; and Whereas, William P. Sweeney has entered into a Pre -annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and 12 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 ser- vices; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between William P. Sweeney and the City of Dubuque is hereby approved. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 30. Mediacom Communications Company: Correspondence from Lee Grassley, Sen- ior Manager of Government Relations for Mediacom Communications Company, inform- ing the 13 City of the addition of foreign language channels effective on or about July 20, 2016. Upon motion the documents were received and filed. 31. Dubuque Bulldog Lacrosse Club: Correspondence from the Dubuque Bulldog La- crosse Club requesting the use of the empty lots in the Technology Park for practice ar- eas. Upon motion the documents were received, filed and referred to the City Manager. 32. Signed Contracts: A.Y. McDonald Mfg. Co. & Interstate Power and Light Compa- ny Revocable Property License Agreement for a portion of 12th Street property; DISTek Integration, Inc. short-term Lease and Site Access Agreement for 3rd -floor space in the Historic Federal Building; Strand Associates agreement for technical services related to the Terminal Street Pumping Station and Force Main Evaluation. Upon motion the doc- uments were received and filed. 33. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew Cook & Sons Excavating for the Verena Court Project. Upon motion the documents were received, filed and approved. 34. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Moondog Mu- sic: City Manager recommending approval of the Acknowledgement/Settlement Agree- ment for a tobacco compliance violation for Moondog Music, 806 Wacker Drive #120. Upon motion the documents were received, filed and approved. 35. Alcohol Compliance Civil Penalty for Alcohol License Holder — National Missis- sippi River Museum and Aquarium: City Manager recommending approval of the Ac- knowledgment/Settlement Agreement for an alcohol compliance violation for National Mississippi River Museum and Aquarium, 350 E. 3rd Street. Upon motion the docu- ments were received, filed and approved. 36. Business License Refund: Request by Ron Nemmers for a refund of the liquor li- cense LA0000178 for Dubuque Golf and Country Club located at 1800 Randall Place in the amount of $97.50 due to license upgrade. Upon motion the documents were re- ceived, filed and approved. 37. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 264-16 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. 264-16 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 14 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 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 Applebee's Neighborhood Grill and Bar, 1395 Associates Dr., Class C Liquor (Sun- day) Diamond Jo Casino, 301 Bell St., Class C Liquor, Class B Wine (Outdoor) (Sunday) House of China, 170 JF Kennedy Rd., Class C Liquor (Sunday) Hy -Vee Club Room, 2395 NW Arterial, Class C Liquor (Sunday) Jubeck New World Brewing LLC, 115 W. 11th St., Class B Beer (Sunday) Knickers Saloon, 2186 Central Ave., Class C Liquor (Living Qtrs.) (Outdoor) (Sunday) Shannon's Bar & Grill, 521 E 22nd St., Class C Liquor (Sunday) Vinny Vanucchis Little Italy, 180 Main St., Class C Liquor, Class B Wine (Sunday) Walnut Tap Tavern, 709 University Ave., Class C Liquor (Sunday) New Fas Mart #5159, 2175 Central Ave, Class E Liquor, Class B Native Wine, Class B Beer (Sunday) Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Connors. Motion carried 7-0. 1. Sale of Property - 595 Angella Street: City Manager recommending a public hear- ing be set for July 18, 2016, on the sale of property located at 595 Angella Street to Craig Nesteby. Upon motion the documents were received and filed and Resolution No. 265-16 Resolution of Intent to dispose of City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof was adopted setting a public hearing fora meeting to commence at 6:30 p.m. on July 18, 2016 in the Historic Federal Building. RESOLUTION NO. 265-16 15 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLI- CATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of 595 Angella Street (the Property) legally described as: Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa, ac- cording to the recorded Plat of said Addition; and Whereas, City acquired the Property as vacant/abandoned property in which the City of Dubuque took possession of in February 2015 through Court Order by filing for peti- tion for; and Whereas, City and Craig Nesteby entered into a Contract Agreement pursuant to which City will convey the Property to Craig Nesteby as approved by the City Council; and Whereas, conveying the Property to Craig Nesteby is consistent with the City's intent for this specific property; and Whereas, City desires to hold the required public hearing and conveyance of the Property to Craig Nesteby. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the fol- lowing legally described property: Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa, ac- cording to the recorded Plat of said Addition. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the Property to Craig Nesteby for the sum of Two Hundred Fifty dollars ($250.00). Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu- tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the Property to be held on the 18th day of July, 2016, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubu- que, Iowa. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Sale of Property - 321 Valeria Street: City Manager recommending a public hear- ing be set for July 18, 2016 on the sale of property located at 321 Valeria Street to Dawn M. Redfern a/k/a Dawn M. Adams. Upon motion the documents were received and filed and Resolution No. 266-16 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publi- cation of notice thereof was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on July 18, 2016 in the Historic Federal Building. RESOLUTION NO. 266-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLI- CATION OF NOTICE THEREOF 16 Whereas, the City of Dubuque, Iowa (City) is the owner of 321 Valeria Street (the Property) legally described as: Lot 1 of Lot 130 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, ac- cording to the recorded Plat of said Addition; and Whereas, City acquired the Property as vacant/abandoned property in which the City of Dubuque took possession of in October 2015 through Court Order by filing for petition for; and Whereas, City and Dawn M. Redfern a/k/a/ Adams entered into a Contract Agree- ment pursuant to which City will convey the Property to Dawn M. Redfern a/k/a/ Adams as approved by the City Council; and Whereas, conveying the Property to Dawn M. Redfern a/k/a/ Adams is consistent with the City's intent for this specific property; and Whereas, City desires to hold the required public hearing and conveyance of the Property to Dawn M. Redfern a/k/a/ Adams. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the fol- lowing legally described property: Lot 1 of Lot 130 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, ac- cording to the recorded Plat of said Addition. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the Property to Dawn M. Redfern a/k/a/ Adams for the sum of one dollar ($1.00). Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu- tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the Property to be held on the 18th day of July, 2016, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubu- que, Iowa. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Sale of Property - 2283 White Street: City Manager recommending a public hear- ing be set for July 18, 2016 on the sale of property located at 2283 White Street to Shawn and Christina Hanen. Upon motion the documents were received and filed and Resolution No. 267-16 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of no- tice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 18, 2016 in the Historic Federal Building. RESOLUTION NO. 267-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLI- CATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of 2283 White Street (the Property) legally described as: 17 The East Half of the North 1/4 of Lot 16"P" and the East Half of the South Half of Lot 18, in L.H. Langworthy's Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, City acquired the Property as vacant/abandoned property in which the City of Dubuque took possession of in October 2015 through Court Order by filing for petition for; and Whereas, City and Shawn C. and Christina M. Hanen entered into a Contract Agreement pursuant to which City will convey the Property to Shawn C. and Christina M. Hanen as approved by the City Council; and Whereas, conveying the Property to Shawn C. and Christina M. Hanen is consistent with the City's intent for this specific property; and Whereas, City desires to hold the required public hearing and conveyance of the Property to Shawn C. and Christina M. Hanen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the fol- lowing legally described property: The East Half of the North 1/4 of Lot 16"P" and the East Half of the South Half of Lot 18, in L.H. Langworthy's Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the Property to Shawn C. and Christina M. Hanen for the sum of one dollar ($1.00). Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu- tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the Property to be held on the 18th day of July, 2016, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubu- que, Iowa. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Annexation - Dubuque Industrial Center West: City Manager recommending the City Council set a public hearing for August 1, 2016, on a 100% voluntary annexation request filed by the City Manager for approximately 21.14 acres of newly acquired land near the Dubuque Industrial Center West north of Humke Road and west of Seippel Road to facilitate a lease with Alliant Energy for a new solar energy site. Upon motion the documents were received and filed and Resolution No. 268-16 Setting a public hearing on an application for voluntary annexation of territory to the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2016 in the Historic Federal Building. RESOLUTION NO. 268-16 SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXA- TION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA Whereas, the City Council of Dubuque has received a written application from the City Manager for the voluntary annexation of approximately 21.14 acres of property 18 west of Seippel Road and north of Humke Road owned by the City of Dubuque for lease to Alliant Energy and consisting of the Northern Portion of Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof, as shown on Exhibits A and B and legally described in Exhibit C; and Whereas, the annexation territory is not subject to an existing annexation moratorium agreement and does not include any State or railroad property; and Whereas, the annexation territory does not abut or include Dubuque County right-of- way; and Whereas, Iowa Code Section 368.7 authorizes the extension of City limits in situa- tions of this character by adoption of a resolution after notification and public hearing; and Whereas, this annexation is consistent with the City's Comprehensive Plan; and Whereas, the City of Dubuque has the capacity to provide substantial municipal ser- vices to the annexation territory; and Whereas, the annexation is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held on the 1st day of August, 2016, at 6:30 p.m. in the Histor- ic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Io- wa, at which time interested persons may appear and be heard for or against the pro- posed annexation, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen days prior to the date of such hearing. Passed, approved and adopted this 5th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC HEARINGS 1. Dubuque River Rides Docking Lease Agreement: Proof of publication on notice of public hearing to consider approval of a Docking Lease Agreement with Dubuque River Rides in the Dubuque Ice Harbor and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 269-16 Approving the disposal of an interest in real property owned by the City of Dubuque by Docking License Agreement between the City of Dubuque, Iowa and Dubuque River Rides. Se- conded by Jones. Motion carried 7-0. 19 RESOLUTION NO. 269-16 APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY DOCKING LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE RIVER RIDES Whereas, the City of Dubuque, Iowa is the owner of the real property legally de- scribed as follows: Part of the Dubuque Ice Harbor Located in the West % of the NW 1/4 Section 30 T89NR3E of the 5th PM. in the City of Dubuque, Iowa as shown on Exhibit A; and Whereas, Dubuque River Rides desires a docking license for part of the property as shown on Exhibit A for docking of vessels and other business activities upon the terms set forth in a Docking License Agreement which is on file at the office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, City and Dubuque River Rides have agreed to the Docking License Agreement, which among other things, provides for a term through April 30, 2021; and Whereas, on July 5, 2016, the City Council pursuant to notice published as required by law held a public hearing on its intent to dispose of the foregoing interest in real property and overruled all objections thereto; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Docking License Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Docking License Agreement between the City and Dubuque River Rides is hereby approved. Section 2. The Mayor is authorized and directed to execute said Docking License Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of July, 2016. Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS Roy D. Buol, Mayor 1. Code of Ordinances Amendment Title 1 Start Time for City Council Meetings (Final Reading): City Attorney submitting a proposed ordinance adjusting the start time for regular meetings. Motion by Del Toro to postpone indefinitely. Seconded by Jones. Mo- tion failed 3-4 with Connors, Jones, Buol, and Lynch voting nay. Motion by Connors for final consideration and passage of Ordinance No. 28-16 Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Article A Rules and Procedure, Section 1-6A-3 Types of Meeting by establishing the meeting time for regular City Council meetings of 6:00 PM. Seconded by Jones. Motion carried 4-3 with Rios, Resnick and Del Toro voting nay. 20 OFFICIAL PUBLICATION ORDINANCE NO. 28-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRA- TION, CHAPTER 6 MAYOR AND CITY COUNCIL, ARTICLE A RULES AND PRO- CEDURE, SECTION 1-6A-3 TYPES OF MEETING BY ESTABLISHING THE MEET- ING TIME FOR REGULAR CITY COUNCIL MEETINGS OF 6:00 P.M. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 1-6A-3 of the City of Dubuque Code of Ordinances is amended to read as follows: 1-6A-3: TYPES OF MEETINGS: A. Regular Meetings: Regular meetings of the council must be held on the first and third Mondays of each month. However, when the first or third Monday falls upon any of the following city holidays, such meeting must be held on the next succeeding day: New Year's Day Martin Luther King's Birthday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Eve Unless otherwise indicated in the notice of meeting, regular meetings will commence at 6:00 p.m. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted this 5th day of July, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 2nd day of August, 2016. /s/Kevin Firnstahl, City Clerk 2. Code of Ordinances Amendment - Title 2 Resilient Community Advisory Commis- sion (2nd Reading): City Manager is recommending the formation of a Resilient Com- munity Advisory Commission as initiated during the August 2015 City Council goal - setting process. Consistent with the approved recommendation, the words, "...to create a viable, livable and equitable community" have been added to the purpose statement. Motion by Connors 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. Mo- tion carried 6-1 with Del Toro voting nay. Responding to questions from the City Coun- cil, City Manager Van Milligen defined the difference between the recently -applied -for resiliency grant and the resiliency community advisory commission. Sustainability Coor- 21 dinator Cori Burbach addressed the "adverse vulnerabilities:" and other common words that appeared in the community engagement report and used to define the commission. Council Member Connors requested that the list of tasks and member qualifications be included in the information when staff advertises for applicants. Motion by Connors for final consideration and passage of Ordinance No. 32-16 Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter 6 Environmental Stewardship Advisory Commission and Adopting a New Chapter 6 Resilient Community Advisory Commission in Lieu Thereof Establishing the Resilient Community Advisory Commission and Providing for the Powers, Opera- tion, Membership, and Meetings. Seconded by Jones. Motion carried 6-1 with Del Toro voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 32-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS BY REPEALING CHAPTER 6 ENVIRONMENTAL STEWARDSHIP ADVISORY COMMISSION AND ADOPTING A NEW CHAPTER 6 RESILIENT COM- MUNITY ADVISORY COMMISSION IN LIEU THEREOF ESTABLISHING THE RESIL- IENT COMMUNITY ADVISORY COMMISSION AND PROVIDING FOR THE POW- ERS, OPERATION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 6 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: Chapter 6 RESILIENT COMMUNITY ADVISORY COMMISSION 2-6-1: Commission Created: There is hereby created the Resilient Community Advi- sory Commission. 2-6-2: Purpose: The purpose of the commission is to advise on city policies and prac- tices to assure resilient outcomes; facilitate the ability to adapt to factors influencing the social/cultural, economic and environmental wellbeing of the community; prevent, pre- pare for, and recover from adverse vulnerabilities and change through coordination, da- ta analysis, evaluation and citizen engagement; and to create a viable, livable and equi- table community. 2-6-3: Internal Organization and Rules: The commission may adopt rules and regula- tions to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. 2-6-4: Procedures for Operation: All administrative, personnel, accounting, budget- ary, and procurement policies of the city govern the commission in all its operations. 2-6-5: Membership: A. The commission comprises nine (9) residents of the city, appointed by the city council. B. Qualifications. Efforts should be taken to balance the composition of the com- mission as follows: 1. Members must be able to think systemically and analyze data in order to meet the stated purpose of the commission. 22 2. Members' interest and/or expertise must represent the three pillars of the Sustainable Dubuque model: economic prosperity, environmental integrity, and social/cultural vibrancy. 3. Members should represent a wide range of sectors within the community, in- cluding business, neighborhoods, non-profit, and educational institutions. 4. Three (3) or more members should also hold positions on one of the follow- ing commissions: Arts & Culture Advisory Commission, Catfish Creek Watershed Management Authority, Community Development Advisory Commission, Historic Preservation Commission, Housing Commission, Human Rights Commission, Long Range Planning Advisory Commission, Parks & Recreation Advisory Com- mission, Transit Advisory Commission, and/or Zoning Advisory Commission. 5. Members should represent the socio-economic, geographic, and demograph- ic diversity of the community, including youth representation. 2-6-6: Oath: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the ap- pointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. 2-6-7: Terms: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. 2-6-8: Vacancies: Vacancies must be filled in the same manner as original appoint- ments. 2-6-9: Officers/Organization: The commissioners must choose annually a chairperson and vice -chairperson, each to serve a term of one (1) year. The chairperson must ap- point a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer's unexpired term. 2-6-10: meetings: A. Regular Meetings. The commission must meet monthly. B. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. D. Attendance. 1. In the event a commissioner has been absent for three (3) or more consecu- tive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes. A copy of the minutes of all regular and special meetings of the com- mission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum. Five (5) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. 2-6-11: Compensation: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on offi- 23 cial commission business within the limits established in the city administrative policies budget. 2-6-12: Removal: Except as provided in 2-6-10(D)(1), the city council may remove any commissioner for good cause. 2-6-13: Powers: The commission has the following powers, duties, and responsibili- ties: A. To review research and data in order to provide input on re -identification, pre- vention, and plans for potential economic, environmental, and social/cultural vulnera- bilities. B. To review plans for long-term prevention, preparedness, and recovery efforts. C. To review policy and program recommendations to the city council in order to influence resilient outcomes for the community. D. To provide comment to the city council on the allocation of budgeted city fund- ing to achieve adopted resiliency goals. E. To educate and engage the public on commission priorities. F. To provide input on and review strategies to address identified vulnerabilities in collaboration with city staff, other city commissions and community partners. G. To review and make recommendations regarding Sustainable Dubuque Com- munity Grant allocations. H. To respect the policy making authority of the city council, the city manager's re- sponsibilities to implement the goals and priorities the council establishes (council manager form of government) and the responsibility of city staff to report to the city manager. I. To ensure coordination and communication with other commissions. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 5th day of July, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of July, 2016. /s/Kevin S. Firnstahl, City Clerk 3. Code of Ordinances Amendment Title 4 - Solicitor's License: City Manager rec- ommending adoption of an ordinance that modifies the provision for denial, suspension, or revocation by giving the City more guidance when handling a solicitor's license. Mo- tion by Jones to receive and file the documents and that the requirement that a pro- posed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 33-16 Amend- ing City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 5 Solicitor's License, Section 4-5-10 Denial, Suspension, or Revocation of Li- cense by modifying the reasons for denial, suspension, or revocation of a license. Se- conded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION 24 ORDINANCE NO. 33-16 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 5 SOLICITOR'S LICENSE, SECTION 4-5-10 DENIAL, SUSPENSION, OR REVOCATION OF LICENSE BY MODIFYING THE REASONS FOR DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 4-5-10 of the City of Dubuque Code of Ordinances is amended to read as follows: 4-5-10: DENIAL, SUSPENSION, OR REVOCATION OF LICENSE: A. The city manager may, upon good cause, deny issuance or renewal of a license or suspend or revoke any license issued under this article for a period not to exceed one year for any of the following: 1. Violation of any federal, state, or local law, including, but not limited to, a vio- lation of this chapter or any other chapter of this code; 2. Misrepresentation of any material fact in the application fora license; 3. Failure to cooperate with law enforcement; or 4. The licensee, owner, manager, partner, corporate officer, or director has been convicted of a crime involving robbery, burglary, theft, forgery, fraud, or de- ceptive practices, the possession, manufacture, or delivery of a controlled sub- stance, possession with intent to manufacture or deliver a controlled substance, possession of drug paraphernalia, or nonpayment of excise taxes for a controlled substance, nonpayment of other taxes, or demonstrated insolvency. 5. Misrepresentation of the source, condition, quality, weight, or measure of the product sold by such solicitor; or 6. If any judgment recovered against such solicitor with reference to the opera- tion of the business within the city remains unpaid for a period of six (6) months, provided such judgment be not stayed under a supersedeas bond upon appeal from such judgment. B. The city clerk must give written notice of the revocation, suspension, or denial of renewal of any license issued under the provisions of this chapter to the license holder and the surety or sureties furnishing the bond provided for herein. C. In the event of such revocation, suspension, or denial or nonrenewal, no other solicitor's license may be issued to such person for a period of two (2) years thereaf- te r. Section 2. This Ordinance takes effect upon publication. Passed, approved, and adopted the 5th day of July, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of July, 2016. /s/Kevin S. Firnstahl, City Clerk 4. 30 -Inch Sanitary Sewer Force Main Project Phase II Award: City Manager recom- mending award of the construction contract for the Phase II of the 30 -Inch Force Main Relocation Project from 11th Street to 12th Street to the low bidder Top Grade Excavat- ing, Inc. Motion by Connors to receive and file the documents and adopt Resolution No. 25 270-16 Awarding the public improvement contract for Phase II of the 30 -Inch Force Main Relocation Project from 11th Street to 12th Street. Seconded by Lynch. Motion car- ried 7-0. RESOLUTION NO. 270-16 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR PHASE II OF THE 30 INCH FORCE MAIN RELOCATION PROJECT FROM 11TH STREET TO 12TH STREET Whereas, sealed proposals have been submitted by contractors for Phase II of the 30 inch Force Main Relocation Project from 11th Street to 12th Street, (the Project) pursuant to Resolution No. 222-16 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 10th day of June, 2016; and Whereas, said sealed proposals were opened and read on the 23rd day of June, 2016 and it has been determined that Top Grade Excavating, Inc. of Farley, Iowa with a bid in the amount of $338,888.00 is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded Top Grade Excavating, Inc. and the City Manager is hereby directed to execute a Public Improve- ment Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 5th day of June, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Request for Proposals - Fair Housing Testing: City Manager recommending ap- proval of the release of a Request for Proposals for Fair Housing Testing, as approved during the Fiscal Year 2017 budget process. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Resnick reported on having seen traffic signals that blink green be- fore turning yellow and single -lane roundabouts during his recent visit to Austria and suggested staff explore the concepts. He added how impressed he was with seeing Dubuque upon his return and complimented staff and citizens for their contribution. There being no further business, upon motion the City Council adjourned at 7:14 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 26