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11 16 15 Clerk's Skeleton Notes and Meeting CallsTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Special Session of the City Council to be held on Monday, November 16, 2015 at 5:30 PM in the Historic Federal Building for the purpose of conducting a work session on Project HOPE. ftoy D. Buol, Mayor Consent Items: Pages n/a CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on November 16, 2015 in the Historic Federal Building, 350 W. 6th Street. '" SPresent: Mayor Bol; Council Members B 6, Corfnors, Jones, utton; City Manager Van a°IIigen, City Attor7"Lindahl Absent: h, Resnick, Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting a work session on Project HOPE. WORK SESSION Project HOPE /--,:42/2/ //)~1 i/weaf 40/ 64, Nbc. ADJOURNMENT p. Yays Nays Lynch Jones V Sutton / Connors Buol Resnick 1 0)M TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, November 16, 2015 at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pages 1-4 oy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on November 16, 2015 in the Historic Federal Building, 350 W. 6th Street. 'resent: Mayor Buol; Council Members B g, Connors, Jo es, L utton; City Manager Van illigen, City Attorney Lindahl Absent: h, Resnick, 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 PRESENTATION(S) 1. Iowa Legislator of the Year 2015 - Award Presentation to Senator Pam Jochum Award presentation by the Iowa League of Cities Government Affairs and Legislative Counsel Robert Palmer to Iowa Senator and Iowa Senate President Pam Jochum. 2. Caradco Building Receives Tony Goldman Award Caradco Building/Gronen Restoration and the City of Dubuque receiving the Tony Goldman Award from the National Trust for Historic Preservation and National Trust Community Investment Corporation. 2 Pays Nays 1. Lynch Jones i././ Sutton ",. Connors Buol ' Resnick CONSENT ITEMS ber 1. Minutes and Reports Submitted City Council Proceedings of 11/2; Civil Service Commission of 11/15; Five Flags Civic Center Commission of 10/26; Investment Oversight Advisory Commission of 10/28; Library Board of Trustees of 9/24; Long Range Planning Advisory Commission of 10/21; Zoning Advisory Commission of 11/5; Proof of publication for City Council Proceedings of 10/19; Proof of publication for Delinquent Water, Sewer, Refuse & Stormwater Collection Accounts for 10/17, 10/24 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Nick and Sarah Ryan for property damage; Betty Tigges for financial loss; Thomas J. Miller vs. City of Dubuque for personal injury Suggested Disposition: Receive and File; Refer to 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 Assurance Pool: Nick Ryan for property damage. Suggested Disposition: Receive and File; Concur 4. 2016 State Legislative Priorities City Manager submitting the 2015 State of Iowa Legislative Priorities for adoption and presentation to legislators at the annual Legislative Dinner on November 23, 2015. Suggested Disposition: Receive and File; Approve 5. Vacant Properties: The True Costs to Communities City Manager transmitting information from the National Vacant Properties Campaign. Suggested Disposition: Receive and File 3 Yays Nays Lynch Jones Sutton Connors Buol Resnick Braig 6. Iowa Department of Transportation Title VI Assurances and Title VI Non- discrimination Agreement City Manager recommending approval of an updated Title VI Assurances and Title VI Nondiscrimination Agreement between the Iowa Department of Transportation and the City of Dubuque related to the City's receipt of federal aid funding. Suggested Disposition: Receive and File; Approve 7. Purchase of Twin Ridge Water, Inc. City Manager recommending acceptance of the Warranty Deed and Quit Claim Deed to two parcels of property the City of Dubuque gained title to as part of the Twin Ridge Asset Purchase Agreement and the Offer to Buy Real Estate and Acceptance by and between the City and the Grace M. Mueller Revocable Family Trust and the Raymond M. Mueller Irrevocable Family Trust. It is further recommended that the City Council approve a lease that was a term and exhibit in the Asset Purchase Agreement, and the Offer to Buy, and the City's consent to a restriction on the well parcel that the City acquired ownership to as part of the Asset Purchase Agreement. RESOLUTION 386-15 Accepting the Warranty Deed to certain real estate in Dubuque County, Iowa and the Quit Claim Deed to certain real estate in Dubuque County, Iowa, and approving other supporting documents related to the Asset Purchase Agreement for the sale and transfer of existing assets by and between the City of Dubuque, Iowa and Twin Ridge Water, Inc., in Dubuque County, Iowa and the Offer to Buy and Acceptance for the acquisition of real estate owned by the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust in Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch Jones Sutton Connors Buol Resnick Braig 8. Southgate Lift Station City Manager recommending approval of a resolution accepting the grant of easement for sanitary sewer lift station and the dedication of the sewage lift station, sanitary force main, and gravity sanitary sewer known as the Southgate Lift Station, as required by the Asset Purchase Agreement by and between the City of Dubuque and Twin Ridge Water, Inc. RESOLUTION 387-15 Accepting the sewage lift station, sanitary sewer force main, and gravity sanitary sewer located in Southgate Center Addition and accepting the Grant of Easement through, under, and across the balance of Lot A Southgate Center Second Addition the maintenance of the sewage lift station and piping located in the balance of Lot A Southgate Center Second Addition Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Acceptance 610 Wilbur Street Deconstruction Project City Manager recommending acceptance of the construction contract for the building deconstruction at 610 Wilbur Street that was completed by D.F. Excavating, LLC in the amount of $21,480 as part of the Wilbur Street Retaining Wall and Embankment Stabilization Project. RESOLUTION 388-15 Accepting the Building Deconstruction at 610 Wilbur Street Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Stoltz Street Retaining Wall Project Acceptance City Manager recommending acceptance of the construction contract for the Stoltz Street Retaining Wall Repair Project as completed by W.C. Stewart. RESOLUTION 389-15 Accepting the Stoltz Street Retaining Wall Repair Project and authorizing the payment of the contract amount to the contractor Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Lynch Jones Sutton Connors Buol Resnick Braig 11. Acceptance of Permanent Easement for Storm Sewer Utility from Padre Pio Health Care Center, Inc. City Manager recommending acceptance of a permanent easement for storm sewer across property owned by Pio Health Care Center, Inc., located at 1001 Assisi Drive. RESOLUTION 390-15 Accepting a Grant of Permanent Easement for Storm Sewer Utility through, over and across part of Lot 3-1 of Block 7 in Phase 1 of Stone Hill Community Subdivision No. 1, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 12. Canadian Pacific Railroad - CP Positive Train Control Infrastructure City Manager transmitting staff's response to the Canadian Pacific Railroad regarding its CP Positive Train Control Infrastructure (tip towers) installations. Suggested Disposition: Receive and File 13. Creative Risk Solutions as Subrogee of Scott Estal vs. City of Dubuque City Attorney recommending approval of a Settlement in the case of Creative Risk Solutions as Subrogee of Scott Estal vs. City of Dubuque subject to receiving a satisfactory release. Suggested Disposition: Receive and File; Approve 14. HUD National Disaster Resiliency Competition Submission City Manager recommending approval to submit a Phase II application to the US Department of Housing and Urban Development National Disaster Resilience Competition. Suggested Disposition: Receive and File; Approve 6 Yays Nays Lynch Jones Sutton Connors Buol Resnick Braig 15. Employer Mandate Reporting Services Agreement City Manager recommending approval of an agreement with Cottingham & Butler Insurance Services to prepare and file the required Internal Revenue Service forms 1094-C and 1095-C on behalf of the City associated with the Patient Protection and Affordable Care Act beginning in 2016. Suggested Disposition: Receive and File; Approve 16. Fiscal Year 2015 Iowa Urban Renewal Annual Report City Manager recommending approval of the Fiscal Year 2015 State Urban Renewal Annual Report. RESOLUTION 391-15 Approving the Fiscal Year 2015 Urban Renewal Report for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 17. Quarterly Investment Report for September 30, 2015 City Manager transmitting the Quarterly Investment Report for September 30, 2015. Suggested Disposition: Receive and File 18. Property Acquisition - 501 E. 15th Street Amendment to Purchase Agreement City Manager recommending approval of an amendment to the purchase agreement for the acquisition of 501 E. 15th Street for the Bee Branch Creek Restoration Project. RESOLUTION 392-15 Amending the Purchase Agreement for the Acquisition of Real Estate owned by Blum Properties, Inc., in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 7 Yays Nays Lynch Jones Sutton Connors Buol Resnick Braig 19. Proposed Housing Choice Voucher/Section 8 Administrative Plan Changes City Manager approval of two changes to the Housing Choice Voucher/Section 8 Administrative Plan related to increasing the voucher unit size and adjusting the standards on fair market rents. Suggested Disposition: Receive and File; Approve 20. Response to Mr. Daniel Boots City Manager transmitting a response to Daniel Boots regarding his request for information on affirmatively furthering fair housing. Suggested Disposition: Receive and File 21. 2013 IRS Audit City Manager transmitting correspondence from the Internal Revenue Service - Tax Exempt and Government Entities Division reporting no changes to the City's reported tax. Suggested Disposition: Receive and File 22. Citizen Petition - Isborn Avenue Residents of Isborn Avenue submitting a petition requesting the City consider constructing a cul de sac at the end of the street. Suggested Disposition: Receive and File; Refer to City Manager 23. Civil Service Commission Civil Service Commission submitting the Certified List for the position of Accountant. Suggested Disposition: Receive and File; Make Matter of Record 24. Appeal of Claim by Frank Vlach Correspondence from Frank Vlach appealing denial of his claim against the City for vehicle damage. Suggested Disposition: Receive and File; Refer to City Attorney 8 Yays Nays Lynch Jones Sutton Connors Buol Resnick Braig 25. Alcohol and Tobacco License Renewals City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. RESOLUTION 393-15 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits RESOLUTION 394-15 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A Suggested Disposition: Receive and File; Adopt Resolution(s) 9 BOARDS/COMMISSIONS Boards and Commissions Appointment: Appointments to the following commissions to be made at this meeting. 1. Housing Commission. One, 3 year term through August 17, 2018 (Vacant At -Large term of Foster). Applicant: Nicolas Hobson, 1592 Locust St. (Qualifies for At -Large) Yaks Nays Lynch Jones \Sutton n Bu snick raig 45,(4,4 4449(-42 10 PUBLIC HEARINGS SUSPEND THE RULES Lynch Jones Sutton Nays Connors Buol Resnick 170 1. Request to Rezone - Northwest Corner of Asbury Road and Evergreen Drive Proof of Publication on notice of public hearing to consider a request from Julie Cheung and Alex Fursou to rezone property at the northwest corner of Asbury Road and Evergreen Drive from R-1 Single -Family Residential District to R-2 Two -Family Residential District and the Zoning Advisory Commission recommending approval. ORDINANCE 70-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the northwest corner of Asbury Road and Evergreen Drive from R-1 Single -Family Residential District to R-2 Two -Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A; Super Majorit Requirement Suspend the Readings Yays Nays Lynch Jones Sutton '°'` Connors Buol Resnick Braig Final Reading and Adopt Yays Nays Lynch Jones Sutton '°'` Connors Buol Resnick Braig /6/& W aby A/exen /7074woze,pie /zoir 2. Request to rezone - Northwest Corner of University Avenue and Alta Vista Street Proof of publication on notice of public hearing to consider a request from MV Residential Development, LLC to rezone property at the Northwest corner of University Avenue and Alta Vista from R-2 Two -Family Residential District to OR Office Residential District and the Zoning Advisory Commission recommending approval. ORDINANCE 71-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the northwest corner of University Avenue and Alta Vista Street from R-2 Two -Family Residential District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Pays,,, Nays / Lynch Jones 1Sutton Connors �° Buol Resnick Final Reading and Adopt Ya/ys, V l Nays Lynch Jones Sutton Connors 1 Buol Resnick 3Vf *A/ 4/4 3-/e AgA ,p4946/ /I- m J 5d6� kihykr Pin AU,* /Q76/#7-4-, 4//-3. bill/A6.7 4111' 12 1911614j410 11/1/2 .4W/ft la/ 3. 2015 SCADA Manhole Installation Project Proof of publication on notice of public hearing to approve the plans, specifications, form of contract, and estimated cost for the 2015 SCADA M nhole Inst Ilation Proj ct and the City Manager recommending approval. /ay 44,,, aft RESOLUTION 395-15 Approval of plans, specifications, form of contract, and estimated cost for the 2015 SCADA (Flow Metering Stations) Manhole Installation Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Nays Lynch Lynch Jones Sutton Connors Sutton Buol Connors Resnick Buol REINSTATE THE RULES ASV Yays Nays Lynch Jones Sutton Connors Buol I' Resnick aig' 13 ACTION ITEMS 1. Five Flags Center Annual Report Presentation Five Flags Center Manager Joyce White of SMG to make a presentation on the current fiscal year activities and future plans for the Five Flags Center. „9.0 Suggested Disposition: Receive and File; Presentation Yays Nays Lynch /7- Jones Sutton Connors Ay Buol j,"" Resnick -Brat- �ier*Jibs, 14 2. English Ridge Housing Urban Renewal Area - Correction of Legal Description Within Urban Renewal Plan City Manager recommending approval of a modification to the resolution and ordinance correcting the legal description for the English Ridge Housing Urban Renewal Plan. RESOLUTION 396-15 Amending Resolution No. 38-15 which approved the English Ridge Housing Urban Renewal Area by substituting a new Attachment D to correct the legal description for the English Ridge Housing Urban Renewal District Yays Yays - Nays Nays Lynch , Jones / Sutton Connors Sutton Buol L,Z, Connors Resnick •g_. .0,401 ORDINANCE 72-15 Amending Ordinance No. 68-15 Approving the Urban Renewal Plan for the English Ridge Housing Urban Renewal Area to correct the legal description contained in the Ordinance and the Urban Renewal Plan for the English Ridge Housing Urban Renewal Area Suggested Disposition: 1) Receive and File; Adopt Resolution(s); 2) Receive and File; Motion B; Motion A Suspend the Readings Yays - Nays Lynch / Jones Sutton k L,Z, Connors Buol Resnick —Brat g --- Final Reading and Adopt Yays Nays Lynch Jones Sutton Connors Buol Resnick -Bra 15 3. Derby Grange, LLC - Agreement for Development of Property City Manager recommending approval of the Agreement with Derby Grange, LLC for the development of property at the northwest corner of John F. Kennedy Road and Derby Grange Road. RESOLUTION 397-15 Approving an Agreement between the City of Dubuque, Iowa and Derby Grant, LLC, for the development of property at the northwest corner of John F. Kennedy Road and Derby Grange Road Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ' Lynch Jones Sutton Connors Buol Resnick -Brat-- 16 rz4, 4. Derby Grange, LLC - Pre -Annexation Agreement . d City Manager recommending approval of the Derby Grange, LLC Pre -Annexation Agreement and covenants for property located at the northwest corner of John F. Kennedy Road and Derby Grange Road, in accordance with the City of Dubuque's Fringe Area Development Standards. RESOLUTION 398-15 Approving a Pre -Annexation Agreement, Covenant Pertaining to Water Service, and Covenant Assessment of Costs of Improvements between the City of Dubuque, Iowa and Derby Grange, LLC Suggested Disposition: Receive and File; Adopt Resolution(s) Lynch Jones Sutton Nays Connors Buol Resnick .—_Brei�9 0/07 17 5. REAP Grant Agreement with IDNR - Eagle Point Park City Manager recommending approval of the Fiscal Year 2016 REAP Grant Agreement with the Iowa Department of Natural Resources for the Eagle Point Park Environmental Restoration Project. RESOLUTION 399-15 Authorizing REAP Grant Agreement with Iowa Department of Natural Resources for Eagle Point Park Environmental Restoration Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch Jones ate'" Sutton / Connors f A Buol Resnick 18 6. Lange Estate Urban Revitalization Area Designation City Manager recommending approval of a petition for Urban Revitalization Area Designation from Horizon for a 60 unit affordable senior housing development at 3275 Pennsylvania Avenue titled Applewood IV. RESOLUTION 400-15 Finding that the designation of the Lange Estate Urban Revitalization Plan is necessary to encourage needed housing and residential development providing safe, affordable housing for the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch Jones Sutton Connors Buol Resnick pBr�a�i /1,/ 1#1 6// / #VA 4e)0/ ei")7i 14y 41 "7 dof 4* del* 19 "43,a 7. Marquette Hall- Petition for Urban Revitalization Designation City Manager recommending approval of a petition for Urban Revitalization Area Designation from Cohen -Esrey Affordable Partners for the former Sacred Heart Elementary School, being called Marquette Hall, at 2222 Queen Street. RESOLUTION 401-15 Find that the designation of the Marquette Hall Urban Revitalization Plan is necessary in the interest of the public health, safety, and welfare of the residents of the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays / Lynch Jones Sutton i,,, Connors Buol Resnick ,-Brai j, (8-5 illega/- /5:295gef-- *71140/ A/ief /AIL 20 8. Paragon Square - Urban Revitalization District Designation Petition City Manager recommending approval of a petition for Urban Revitalization Area Designation from Frantz Community Investors for the Paragon Square Urban Revitalization District. 1 ,2/ 467/MW G°. RESOLUTION 402-15 Finding that the designation of the Paragon S 1are Urban Revitalization Plan is necessary for rehabilitation and conservation of the hereinafter described property and Urban Revitalization Area is necessary in the interests of the public health, safety, and welfare of the residents of the City Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Lynch ° Jones Sutton Connors Buol Resnick 21 9. University Lofts - Petition for Urban Revitalization Designation City Manager recommending recommends approval of a petition for Urban Revitalization Area Designation from MV Residential Development for the University Lofts Urban Revitalization Area District. RESOLUTION 403-15 Finding that the designation of the University Lofts Urban Revitalization Plan is necessary to encourage needed housing and residential development providing safe, affordable housing for the residents of the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) Yays ; Nays �✓ Lynch Jones Sutton 7 Connors j,'' Buol Resnick -Braig "sei 22 5? 10. City Attorneys Office City Attorney submitting a proposal for future staffing in the City Attorney's Office. Suggested Disposition: Receive and File; CG.ufteiU Yays Nays Lynch Jones Sutton Connors Buol Resnick Brag 23 11. Request for Work Session on Source of Income Update City Manager requesting a work session with the City Council on December 21, 2015 at 5:15 p.m. to discuss the Source of Income process. Suggested Disposition: Receive and File; Council / Yays, Nays Lynch Jones Sutton Connors ,, Buol ' Resnick Br-aig--, 12. Request to Schedule Work Session on Community Engagement City Manager requesting a work session with the City Council on February 1, 2016 at 5:00 p.m. to provide an update on Community Engagement. Suggested Disposition: Receive and File; Council Z0 Yays Nays Lynch Jones Sutton A Connors ,, Buol " Resnick wig - 24 COUNCIL MEMBER REPORTS Efe ti7 Me fes' i(.i.,/,7 ,f/i/ iv / mow-- e c9-' ip, 49/414 ii/i Ai a1 q4i ; ,c dA, -/2 d Ise /riozi/:41/44 4 Xi 7;war Ad*/ 4-7/7-r? ,, „ew 4,,,,4, Apiitie, ,,,A, k ii.,e,ft44 d ae/ ee. z,W PUBLIC INPUT 7411/0 CItOSED SESSION p.m. Pe . ing Litigation and Prope i Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa Yays ynch tto Connors Buol Resnick Nays Braig ADJOURNMENT Yays Nays Lynch Jones Sutton 27 Connors Buol Resnick 25 A‘,/,400 1,er#4