Loading...
12 4 17 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on December 4, 2017 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 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 . Eradication of Generational Poverty Day (December 7, 2017) was accepted by Fountain of Youth Program President Caprice Jones, 1199 Main St.; Treasurer R.R.S. Stewart; and Board Member/Former V.P. Terry Stewart. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7-0. 1 . Minutes and Reports Submitted: City Council Proceedings of 11/20, 11/27; Civil Ser- vice Commission of 11/21 ; Library Board of Trustees Council Update #165 of 11/16; Sis- ter City Relationships Advisory Commission of 11/15; Transit Advisory Board of 11/14; Proof of Publication for City Council Proceedings of 11/6; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 10/30. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Rob Donovan on behalf of Donovan Properties, LLC for property damage, Ramona Fraction for vehicle damage. Upon motion the documents were received, filed, and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Donovan Properties, LLC for property damage; and Ramona Fraction for vehicle damage. Upon motion the documents were received, filed, and concurred. 1 4. Iowa Economic Development Authority (I EDA) Site Certification: City Managertrans- mitting information on the Iowa Economic Development Authority announcement that a "development-ready" site in Dubuque's Industrial Center West is the latest industrial site to achieve certification through the Iowa Certified Sites Program. Upon motion the docu- ments were received and filed. 5. Civil Service Commission - Certified Lists: Civil Service Commission submitting the Certified Lists for the positions of Assistant Chief of Police and Police Corporal. Upon motion the documents were received, filed and made a Matter of Record. November 21 , 2017 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Assistant Chief of Police was administered on September 20, 2017. I hereby certify that the individuals listed below have passed the written examination and any vacancy for this position should be made from this list. This list is good for a period of two years from the above date. Assistant Chief of Police 1 . Scott Crabill, 2. James Lembke, 3. Jeremy Jensen, 4. Joseph Messerich, 5. Abigail Simon, 6. Steven Radloff, 7. Martin Steil, 8. Scott Baxter Respectfully Submitted, /s/Daniel White, Chairperson Civil Service Commission November 21 , 2017 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Police Corporal was administered on September 20, 2017. I hereby certify that the individuals listed below have passed the examination process and any vacancy for this position should be made from this list. This list is good for a period of two years from the above date. Police Corporal 1 . Paul Avenarius, 2. Rick Fullmer, 3. Ryan Scherrman, 4. Ann Dauderman, 5. Isaiah Hoff, 6. Drew Harden, 7. Joel Cross, 8. Zachary Ramage, 9. Nate Schmidt, 10. Abby Ray Respectfully Submitted, /s/Daniel White, Chairperson Civil Service Commission 6. Westside Water System Improvements - Water Meter Replacement Project Re-Au- thorization for Solicitation of Cost Proposals: City Manager recommending re-authoriza- tion to solicit cost proposals for the Westside Water System Improvements -Water Meter Replacement Project 2018. Upon motion the documents were received, filed and ap- proved. 2 7. Boards and Commission Application Amendment: City Manager recommending ap- proval of a revised application for the Boards and Commissions program that includes a page for tracking demographics information. Upon motion the documents were received, filed and approved. 8. Ham House Masonry Rehabilitation Project Acceptance: City Manager recommend- ing acceptance of the construction contract for the Ham House Masonry Rehabilitation Project, as completed by Evans-Mason, Inc. Upon motion the documents were received and filed and Resolution No. 376-17 Accepting the Ham House Masonry Rehabilitation and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 376-17 ACCEPTING THE HAM HOUSE MASONRY REHABILITATION AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Ham House Masonry Rehabilitation (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. 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 Ham House Masonry Rehabilitation Capital Improvement appropriation for the contract amount of $83,730.41 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 4th day of December 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE HAM HOUSE MASONRY REHABILITATION The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Ham House Masonry Rehabilitation, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $83,730.41 . Dated this 20th day of November 2017. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 20th day of November 2017. /s/Kevin S. Firnstahl, City Clerk 9. East Central Intergovernmental Agency (ECIA) Fiscal Year 2017 Annual Report: City Manager transmitting the Fiscal Year 2017 Annual Report from the East Central In- tergovernmental Agency (ECIA). Upon motion the document was received and filed. 3 10. Abstract of Votes - 2017 General Election: City Clerk transmitting the Abstract of Votes for the November 7, 2017 General Election as certified by the Dubuque County Auditor. Upon motion the document was received and filed. 11 . Mediacom Communications Company: Correspondence from Lee Grassley, Sen- ior Manager of Government Relations for Mediacom Communications Company, inform- ing the City of rate adjustments being implemented on or about January 1 , 2018. Upon motion the document was received and filed. 12. Alcohol License Renewals: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 377-17 Approving applications for beer, liquor, and/or wine per- mits, 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. 377-17 APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Happy's Place 2323 Rockdale Rd. Class C Liquor (Outdoor) (Sunday) Hy-Vee C-Store #1 3270 Dodge St. Class C Beer, Class B Wine (Sun- day) Inspire Cafe 955 Washington St. Class C Liquor, Class B Wine (Sun- Suite 105 day) Iowa Street Market, Inc. 1256 Iowa St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Pepper Sprout, Inc. 378 Main St. Class C Liquor Sam's Club #4973 4400 Asbury Rd. Class E Liquor, Class B Wine, Class C Beer (Sunday) 4 New Hops & Rye 711108 1108 Locust St. Class C Liquor (Outdoor) (Sunday) Next Phase Bar 1902 Central Ave. Class C Liquor (Sunday) Your Pie 800 Wacker Dr. Special Class C Liquor, Class B Na- tive Wine (Outdoor) (Sunday) Passed, approved and adopted this 4th day of December 2017. 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 Resnick. Motion carried 7-0. 1 . Vacation of Plat of Survey of Hurst Addition (Lots 1 & 2): City Manager recommend- ing that the City Council set a public hearing for December 18, 2017 to vacate the Plat of Survey for Lot 1 and Lot 2 of Hurst Addition. Upon motion the documents were received and filed and Resolution No. 378-17 Resolution of Intent to vacate Plat of Lot 1 and Lot 2 of Hurst Addition, in the City of Dubuque, Iowa comprised of Lot 31 through Lot 36 of O'Neill's Addition in the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on December 18, 2017 in the Historic Federal Build- ing. RESOLUTION NO. 378-17 INTENT TO VACATE PLAT OF SURVEY FOR LOT 1 AND LOT 2 OF HURST ADDI- TION, IN THE CITY OF DUBUQUE, IOWA, COMPRISED OF LOT 31 THROUGH LOT 36 OF O'NEILL'S ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, the proprietors of the property lying within the Plat of Survey of Lot 1 and Lot 2 of Hurst Addition, in the City of Dubuque, Iowa (the "Plat") have requested the vacation of such Plat; and Whereas, the petitioners have requested that the property currently described by the Plat be hereinafter known and described by the legal description of such property imme- diately prior to the recording of such Plat; namely as Lot 31 , Lot 32, Lot 33, Lot 34, Lot 35, and Lot 36 of O'Neill's Addition in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the City of Dubuque intends to vacate the Plat of Survey. Section 2. That a public hearing on the intent to vacate the Plat is hereby set for the 18th day December 2017, at the Historic Federal Building, 350 W. 5th Street, Dubuque, Iowa, beginning at 6:00 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate the Plat to be published in the manner as prescribed by law. Passed, approved and adopted this 4th day of December 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5 BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. Applicant appointments will be made at the next City Council meeting. 1 . Community Development Advisory Commission: One, 3-year term through February 15, 2020 (Vacant Low- to Moderate-Income term of Blok). Applicant: Gerald Hammel Jr., 1225 % Rhomberg Ave. (Qualifies for Low- to Moderate-Income). 2. Historic Preservation Commission: One, 3-year term through July 1 , 2018 (Vacant At-Large term of Terry). Applicant: Kayla Morrison, 2175 Clarke Dr. (Qualifies as At- Large). 3. Housing Board of Appeals: One, 3-year term through January 11 , 2021 (Expiring term of Gotz). Applicant: Mary Gotz, 1844 Bennett St. 4. Human Rights Commission: Three, 3-year terms through January 1 , 2021 (Expiring terms of Allen, Davis, Borovic). Applicants: Anthony Allen, Address verified within corpo- rate city limits; Nicole Borovic, 3163 Hillcrest Rd.; Frederick Davis Jr., 176 Alpine St. #5; Ashley Melchert, 1265 Thomas PI. Ms. Borovic spoke in support of her appointment and provided a brief biography. 5. Mediacom Charitable Foundation: One, 1-year term through December 31 , 2018 (Expiring term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Ln. PUBLIC HEARINGS 1 . Request to Rezone 3900 Block of Inwood Avenue (Tabled from November 20, 2017 Meeting.): Proof of Publication for notice of public hearing to consider a request from Brandon Merrick to rezone the 3900 block of Inwood Avenue from R-1 Single-Family Residential to R-2 Two-Family Residential Zoning District and the Zoning Advisory Com- mission recommending approval. Motion by Jones to removed from the table. Seconded by Connors. Motion carried 7- 0. 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 Connors. Motion carried 7-0. Planning Services Manager Laura Carstens provided a staff report. Ms. Carstens and Zoning Advisory Commission Chairperson Tom Henschel responded to questions from the City Council about history of the use of R1 and R2 zoning stating that it relates to the level of density desired by the Council and confirmed that the rezoning can only apply to the area requested by the applicant. Developer/applicant Brandon Merrick responded to 6 questions from the City Council relating to the compelling reason for the zoning change, and stated that he's developing the property because of a strong market demand for townhomes, that he will sell the units and not rent, and that the project is for 2 side-by- side units and not 4 homes. Oakley Bandy, 3841 Inwood; Robert Vandermeulen, 3940 Oneida, Ron Kuhl 3994 Oneida; and Kelly Hingtgen, 3461 Foothill, on behalf of her father who owns property in the noted area, all spoke in opposition to the request citing in- creased building density and vehicles, substandard gravel streets without curb and gutter, stormwater drainage, and opposition to potential rental of the property as problematic with the proposed development. The City Council discussed the level of density being neutral with side-by-side units compared to single-family structures, stormwater runoff being ad- dressed through the permit process, and the capacity for any area property owners to rent. Council Member Connors specifically requested that, should the rezoning pass, the property owners welcome the newcomers to the neighborhood. Motion by Jones for final consideration and passage of Ordinance No. 44-17 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by re- classifying hereinafter described property located at the end of Inwood Avenue from R-1 Single-Family Residential District to R-2 Two-Family Residential District. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 44-17 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF INWOOD AVENUE FROM R-1 SINGLE-FAM- ILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Title 16 of the City of Dubuque Code of Ordinances, Unified Develop- ment Code, is hereby amended by reclassifying the hereinafter—described property from R-1 Single-Family Residential District to R-2 Two-Family Residential District, to wit: Lots 49, 50, 51 and 52 of O'Neill's North Dubuque Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 4th day of December 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 8th day of December 2017. /s/Kevin S. Firnstahl, City Clerk 2. Metx, LLC Development Agreement and Intent to Dispose of Property at and Adja- cent to 1690 Elm Street: Proof of publication on notice of public hearing to consider ap- proval of the proposed issuance of Urban Renewal Tax Increment Revenue Obligations 7 and the disposition of City owned real estate relating to a previously approved Develop- ment Agreement with Metx, LLC, and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 379-17 Approving the issuance of Urban Renewal Tax Increment Revenue Obligations and the disposition of City-owned real estate pursuant to the Development Agreement between the City of Dubuque, Iowa and Metx, LLC Seconded by Lynch. Responding to questions from the City Council about the City's investment in Crescent Community Health Center, City Man- ager Van Milligen stated that the CCHC has outgrown its current space and that the new space will allow the Center to combine into one space and expand services, adding that while the City provided support for development of the current building where the Center is housed, the City still owns a portion of that parking lot and disposition of the lot will have to be worked out. Motion carried 7-0. RESOLUTION NO. 379-17 APPROVING THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS AND THE DISPOSITION OF CITY-OWNED REAL ESTATE PURSU- ANT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND METX, LLC Whereas, the City of Dubuque, Iowa (City) and Metx, LLC have entered into a Devel- opment Agreement, certain components of which are subject to the approval of the City Council at a public hearing, a copy of which Development Agreement is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, it is deemed necessary and advisable that the City should authorize the is- suance of Urban Renewal Tax Increment Revenue Obligations, as provided by Chapter 403 of the Code of Iowa, and disposal of the real estate, for the purpose of carrying out the rehabilitation of the property located at 1690 Elm Street as described in the Develop- ment Agreement; and Whereas, before said obligations may be approved and the real estate disposed of, Iowa law requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resi- dent or property owner of said City to such proposed action; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition of the City-owned property and the issuance of Urban Renewal Tax Increment Revenue Obligations on December 4, 2017 at 6:00 p.m. in the City Council Chambers at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the issuance of Urban Renewal Tax Increment Revenue Obligations and the disposal of City-owned real estate pursuant to the Development Agreement be- tween the City of Dubuque and Metx, LLC is hereby approved. Section 2. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement. Passed, approved and adopted this 4th day of December, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8 3. SS Event Center, LLC (aka Steeple Square) Development Agreement - 101 E. 15th Street: Proof of publication on notice of public hearing to consider approval the proposed issuance of Urban Renewal Tax Increment Revenue Obligations relating to a previously approved Development Agreement with SS Event Center, LLC, and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 380-17 Approving the issuance of Urban Renewal Tax Increment Reve- nue Obligations relating to a previously approved Development Agreement with SS Event Center, LLC. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 380-17 APPROVING THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OBLIGATIONS RELATING TO A PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT WITH SS EVENT CENTER, LLC Whereas, City and SS Event Center, LLC have entered into a Development Agree- ment, certain components of which are subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on December 4, 2017 at 6:00 p.m. in the City Council Chambers at the Historic Federal building, 350 W. 6th Street, Dubuque, Iowa.; and Whereas, it is deemed necessary and advisable that City should authorize Urban Re- newal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, for the purpose of carrying out the rehabilitation of property located at 101 E. 15th Street as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meet- ing the City Council shall receive oral and/or written objections from any resident or prop- erty owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the issuance of urban renewal tax increment revenue obligations relat- ing to a previously approved development agreement between the City of Dubuque and SS Event Center, LLC, a copy of which is attached hereto, is hereby approved. Section 2. That 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 4th day of December, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9 4. Greater Downtown Urban Renewal District Amendment: Proof of publication on no- tice of public hearing to consider approval of a proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 381-17 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Connors. Motion carried 7- 0. RESOLUTION NO. 381-17 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, by Resolution 363-17 on November 6, 2017 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Amended and Restated Plan") for the Greater Downtown Urban Renewal Dis- trict (the "District"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan is to provide opportunities which will further economic development purposes and objec- tives and remediate blighting conditions, and that to address these objectives additional projects are being added as described in the Amended and Restated Plan; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recom- mended changes to the Amended and Restated Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amended and Restated Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the Amended and Restated Urban Renewal Plan for the Greater Down- town Urban Renewal District, on file in the City Clerk's Office and made reference to herein, is hereby approved; that a feasible method exists for the location of any families who will be displaced from the District into decent, safe and sanitary dwelling accommo- dations within their means and without undue hardship to such families; and that the Amended and Restated Plan conforms to the general plan of the City as a whole. The City does not currently anticipate the acquisition of any real property in connection with the land and projects being added by the Amended and Restated Plan. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved and adopted this 4th day of December 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Peru Road Urban Renewal District - Resolution of Adoption: Proof of publication on notice of public hearing to consider approval of a proposed Urban Renewal Plan for the Peru Road Urban Renewal Area and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 382-17 Approving 10 the Urban Renewal Plan for the Peru Road Urban Renewal Area. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 382-17 APPROVING THE URBAN RENEWAL PLAN FOR THE PERU ROAD URBAN RE- NEWAL AREA Whereas, by Resolution 362-17 on November 6, 2017 the City Council of the City of Dubuque, Iowa authorized the preparation of an Urban Renewal Plan (the " Plan") for the Peru Road Urban Renewal Area (the "Area"); and Whereas, the proposed Urban Renewal Plan for the Area has been prepared and placed on file for public inspection in the City Clerk's Office; and Whereas, the City Council of the City of Dubuque has determined that the creation of the Area will stimulate, through public involvement and commitment, blight mitigation and private investment in redevelopment activity; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recom- mended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the Urban Renewal Plan for the Peru Road Urban Renewal Area, on file in the City Clerk's Office and made reference to herein, is hereby approved; that a feasible method exists for the location of any families who will be displaced from the Area into decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families; and that the Plan conforms to the general plan of the City as a whole. The City does not currently anticipate the acquisition of any real property in connection with the land and projects included in the Plan. Section 2. That the Peru Road Urban Renewal Area is a mixed area for the remediation of blight and promotion of economic development (commercial and industrial) within the meaning of Iowa Code Chapter 403; that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. Section 3. That, notwithstanding any resolution, ordinance, plan, amendment or any other document, the original Plan shall be in full force and effect from the date of this Resolution until the Council amends or repeals the Plan. Section 4. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of this Resolution in the office of the Dubuque County Auditor. Passed, approved and adopted this 4th day of December 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11 PUBLIC INPUT Tom Hoelscher, 780 Angella St., addressed the City Council about the amendment to the City's noise ordinance discussed at the November 20 City Council meeting suggesting that there should first be a dialogue between the neighbors and the educational institu- tions creating the music/noise issue with a possible one-year period to gain an accurate picture of the issue. Mr. Hoelscher added that it's usually the practice events that are the source of the undesirable noise and not the events themselves, Loras College has made a difference by working with its students, and that perhaps a committee could be formed to review the issue. ACTION ITEMS 1 . Derby Grange Sanitary Sewer Project Award: City Manager recommending award of the Derby Grange Sanitary Sewer Project construction contract to the low bidder Con- nolly Construction, Inc. Motion by Lynch to receive and file the documents and adopt Resolution No. 383-17 Awarding Public Improvement Contract for the Derby Grange San- itary Sewer Extension Project. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 383-17 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DERBY GRANGE SAN- ITARY SEWER EXTENSION PROJECT Whereas, sealed proposals have been submitted by contractors for the Derby Grange Sanitary Sewer Extension Project, (the Project) pursuant to Resolution No. 361-17 and Notice to Bidders published on the City of Dubuque, Iowa website and plan room service with statewide circulation on the 7th day of November 2017; and Whereas, said sealed proposals were opened and read on the 22nd day of November 2017 and it has been determined that Connolly Construction of Peosta, Iowa, with a bid amount of$325,638.00 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 to Connolly construction, and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, adopted and approved this 4th day of December 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Peru Road Urban Renewal Area - Tax Increment Financing District Ordinance: City Manager recommending adoption of an ordinance approving the Tax Increment Financ- ing District for the Peru Road Urban Renewal Area created primarily for economic devel- opment (commercial and industrial) and blight mitigation and redevelopment of the soon- to-be-vacated Flexsteel manufacturing facility. Motion by Resnick to receive and file the documents and that the requirement that a proposed ordinance be considered and voted 12 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 Resnick for final consideration and passage of Ordinance No. 45-17 Provid- ing that general property taxes levied and collected each year on all property located within the Peru Road Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and in- debtedness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan for the Peru Road Urban Renewal Area. Seconded by Con- nors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 45-17 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE PERU ROAD URBAN RENEWAL AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE URBAN RENEWAL PLAN FOR THE PERU ROAD URBAN RENEWAL AREA Whereas, the Urban Renewal Plan for the Peru Road Urban Renewal Area was adopted, pursuant to Resolution No. 382-17 approved on December 4, 2017 for the pur- pose of creating the Peru Road Urban Renewal Area (the "Area") located in the area legally described as follows: Lot 1 of Great Western Subdivision No. 1 , and also including the Public Right of Way of Jackson Street abutting thereto; and Lot 2 of Great Western Subdivision No. 1 ; and Lot 1 of Great Western Subdivision No. 4; and Lot 2 of Great Western Subdivision No. 2; and Lot 1 of Great Western Subdivision No. 2, and also including the Public Right of Way of Jackson Street abutting thereto. All in the City of Dubuque, Iowa and Whereas, indebtedness will be incurred by the City to finance urban renewal project activities within the Area in furtherance of the objectives of the Urban Renewal Plan for the Area; and Whereas, the following enactment is necessary to accomplish the objectives described in the premises. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1 : For purposes of this Ordinance, the following terms shall have the following meanings: a) Urban Renewal Area includes the following described properties: 13 Lot 1 of Great Western Subdivision No. 1 , and also including the Public Right of Way of Jackson Street abutting thereto; and Lot 2 of Great Western Subdivision No. 1 ; and Lot 1 of Great Western Subdivision No. 4; and Lot 2 of Great Western Subdivision No. 2; and Lot 1 of Great Western Subdivision No. 2, and also including the Public Right of Way of Jackson Street abutting thereto. All in the City of Dubuque, Iowa b) Urban Renewal Plan shall mean the Urban Renewal Plan for the Peru Road Urban Renewal Area, approved by Resolution No. 382-17 on December 4, 2017 as the same may be amended from time to time. Section 2: The taxes levied on the taxable property in the Urban Renewal Area, legally described in the Preambles and Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: That portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total sum of the assessed value of the taxable property in the Urban Renewal Area, as shown on the assessment roll as of January 1 of the calendar year preceding the first calendar year in which the City of Dubuque certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the division of property tax revenue described herein, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid. The taxes so determined shall be referred to herein as the "base period taxes" for such Urban Renewal Area. Section 4: That portion of the taxes each year in excess of the base period taxes de- termined as provided in Section 3 of this Ordinance shall be allocated to and when col- lected be paid into the special tax increment fund hereby established by the City of Dubu- que to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Urban Renewal Area pursuant to the Urban Renewal Plan, except that taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the instructional support program of a school district imposed pursuant to Section 257.19 (but in each case only to the extent required under Section 403.19(2)), taxes for the payment of bonds and in- terest of each taxing district, taxes imposed under Section 346.27(22) related to joint county-city buildings, and any other exceptions under Iowa Code Section 403.19 in effect as of the date this Ordinance is adopted shall be collected against all taxable property within the Urban Renewal Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the Urban Renewal Area exceeds the total assessed value of the taxable property in the Urban Renewal Area as shown by the assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban 14 Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Urban Re- newal Area under the provisions of Section 403.19 of the Code of Iowa. In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Urban Renewal Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publi- cation as provided by law. Passed and approved this 4th day of December 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Read first time: December 4, 2017 Passed and approved: December 4, 2017 Published: December 8, 2017 3. Southwest Arterial Construction Year in Review Video: Cable TV Division presented a video of the Southwest Arterial Project construction year in review. Motion by Connors to receive and file the information. Seconded by Resnick. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol recognized Boy Scouts from Troop #94 who were in attendance. There being no further business, upon motion the City Council adjourned at 7:16 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 15