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11 2 15 City Council Proceedings Official_Special and Regular CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on November 2, 2015 th in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; Assistant City Manager Steinhauser, City Attorney Lindahl Absent: City Manager Van Milligen 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 Inclusive Dubuque. WORK SESSION Inclusive Dubuque Quarterly Update Human Rights Directory Kelly Larson provided an overview of the work session pre- sented by Inclusive Dubuque representatives Eric Dregne of Community Foundation of Greater Dubuque, Art Roche of Mercy Hospital, Danielle Moore of John Deere, Barry Gentry and Jessica Rose of the Dubuque Area Chamber of Commerce, Kristin Dietzel of NICC, and Phil Kramer of the Dubuque Community School District. Topics included:  Inclusive Dubuque network partners  History of Inclusive Dubuque 2012-2015  Purpose: organize people, identify opportunities, take action to challenge and change social and economic structure  Community Equity Profile Race, generation, class, religion, disability, culture, nationality, gender, o ethnicity, sexual orientation Economic wellbeing, housing, education, health, safe neighborhoods, o transportation, arts/culture Data, community dialogues, community surveys o Community engagement and reach-in strategy o Demographics of participants: race/ethnicity, gender, age, education, ten- o ure in Dubuque, household income, neighborhood, religion, marital status, veteran, physical/mental disability, LGBTQ Early Action: o Chamber of Commerce – underrepresented Business Council  Greater Dubuque Development Corp./NICC outreach coordinator to  minority communities for education/training opportunities Schools – implementing cultural proficiency training  Next Steps: o Equity Profile Summary  1 identify priorities  network partners take action in working groups  network partner to measure outcomes with results-based account-  ability equity action plan  on-going community engagement   City Government as a Mission Member A question/answer period with the City Council followed the presentation. There being no further business, upon motion the City Council adjourned at 6:01 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 2, 2015 th in the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; Assistant City Manager Steinhauser, City Attorney Lindahl Absent: City Manager Van Milligen 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) Adoption Month (November 2015) was accepted by Christa Hefel, Post-Adoption th Support Specialist for Four Oaks/KidsNet, 180 W. 15 St. Hospice Month (November 2015) was accepted by Carole Carroll, Hospice of Dubu- que, 2255 JFK Rd. 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 10/19; Historic Preservation Commission of 10/15; Housing Commission of 10/27; Library Board of Trustees Update of 10/22; Long Range Planning Advisory Commission of 10/22; Park & Recreation Commission of 10/13; Zoning Board of Adjustment of 10/22; Proof of Publi- cation for City Council Proceedings of 10/5; Proof of publication of Notice of Claims and Summary of Revenues for Month Ending 8/31. Upon motion the documents were re- ceived and filed. 2. Notice of Claims and Suits: Craig Kowalski for property 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: Craig Kowalski for property damage. Upon motion the documents were received, filed and concurred. 3 4. Dubuque Community Receives Three Iowa Tourism Awards: City Manager trans- mitting correspondence about the America's River Festival, the Hotel Julien Dubuque, and Dig In! Iowa's Agricultural Innovation Tour receiving awards from the Iowa Tourism Office and the Travel Federation of Iowa. Upon motion the documents were received and filed. 5. Federal Energy Regulatory Commission (FERC): City Manager transmitting updat- ed correspondence to the Federal Energy Regulatory Commission (FERC) regarding the exploration of hydroelectric power development at Lock and Dam No. 11. Upon mo- tion the documents were received and filed. 6. Iowa Department of Natural Resources (IDNR) - FY15 IOWA STATEMAP Pro- posal: City Manager transmitting a letters of support from the City and the Catfish Creek Watershed Authority to the Iowa Department of Natural Resources (IDNR) for the FY15 IOWA STATEMAP proposal, which includes subprojects for geologic mapping in Dubu- que County. Upon motion the documents were received and filed. 7. Iowa Department of Revenue Notice of Intended Action ARC 2178C: City Manager recommending approval of the City's response to the Iowa Department of Revenue's proposed amendments to the Iowa tax statutes. Upon motion the documents were re- ceived, filed and approved. 8. Fuller vs. City of Dubuque Settlement: City Attorney recommending approval of a Partial Dismissal with Prejudice and the Release related to Cheryl Fuller vs. City of Dubuque and Tina Pimentel suit. Upon motion the documents were received, filed and approved. 9. East Dubuque Savings Bank Agreement for 911 High Bluff Street: City Manager recommending approval of an agreement between the City and East Dubuque Savings Bank for liens against property at 911 High Bluff Street related to emergency repairs of the retaining wall. Upon motion the documents were received, filed and approved. 10. Accepting Sanitary Sewer Access Easement - Timber-Hyrst Estates: City Man- ager recommending acceptance of the Grant of Sanitary Sewer Access Easement from North Cascade Road Developers, LLC in Timber-Hyrst Estates No. 4. Subdivision. Up- on motion the documents were received and filed and Resolution No. 374-14 Accepting a Grant of Sanitary Sewer Access Easement through, over and across part of Lot G and Lot 38 of Timber-Hyrst Estates No. 4 Subdivision, in the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 374-15 ACCEPTING A GRANT OF SANITARY SEWER ACCESS EASEMENT THROUGH, OVER AND ACROSS PART OF LOT G AND LOT 38 OF TIMBER-HYRST ESTATES NO. 4 SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA 4 Whereas, North Cascade Road Developers LLC has executed a Sanitary Sewer Ac- cess Easement through, over and across Part of Lot G and Lot 38 of Timber-Hyrst Es- tates No. 4 Subdivision, in the City of Dubuque, Dubuque County, Iowa. Said easement has been filed and recorded in the Dubuque County Recorder’s Office as File Number 2015-00013514. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the Grant of Sanitary Sewer Access Easement through, over and across Part of Lot G and Lot 38 of Timber-Hyrst Estates No. 4 Subdivision, in the City of Dubuque, Dubuque County, Iowa from North Cascade Road Developers LLC, a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. nd Passed, approved and adopted this 2 day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. 2015 Sidewalk Assessment Program: City Manager recommending adoption of a resolution establishing the final assessment schedule for the 2015 Sidewalk Assess- ment Program. Upon motion the documents were received and filed and Resolution No. 375-15 Adopting the final Assessment Schedule for the Public Right-of-Way Sidewalk Repair Assessment Project was adopted. RESOLUTION NO. 375-15 ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE PUBLIC RIGHT-OF- WAY SIDEWALK REPAIR ASSESSMENT PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: After full consideration, the Final Schedule of Assessments as shown on the attached sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Public Right-of-Way Sidewalk Repair Assessment Project. There is hereby assessed and levied as a special tax against and upon each of the benefited properties, the respective sums indicated. The amounts shown in said Final Schedule of Assessments as deficiencies are found to be proper and levied conditional- ly against the respective properties benefited by the improvements as shown in the Fi- nal Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby declared to be in proportion to the special benefits conferred and not in excess of twenty-five percent of the value of same. The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifi- cation once each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first publication of which shall be not more than fifteen days from the date 5 of filing of the Final Schedule of Assessments. On or before the date of the second pub- lication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the office of the City th Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as- sessments of $500.00 or more are payable in 15 annual installments at the County Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent (3%) computed to December 1 next fol- lowing the due dates of the respective installments as provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following its due date on July 1 of each year. However, when the last day of September is a Saturday or Sun- day, that amount shall be delinquent from the second business day of October. Delin- quent installments will draw the same delinquent interest as ordinary taxes. Property owners may elect to pay any annual installments semi-annually in advance. nd Passed, approved and adopted this 2 day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Sidewalk Repair Assessment Property Owner Name; Lot Description; Parcel Number; Mailing Address; Valuation; Assessment Allison, Michael; Lot 1-1-1-1-11,LOT1-1-1-1-12, S 15' Lot 2-1-1-1-11 & S 15 Lot 2-1-1-1- 12 all in Oak Grove Add; Parcel # 1036205009; 465 Esther Street, Dubuque, IA 52003; Valuation: $85,960.00; Assessment: $1,488.68 12. Delinquent Garbage Collection Accounts: City Manager recommending adoption of a resolution authorizing the City to certify garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 376-15 Author- izing the City to collect delinquent collection charges in accordance with Title 6-6-3C2o; Title 6-6-4B3 & Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 376-15 AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-6-3C2o; TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or wel- fare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “pal- pably and indisputably such” exists which requires immediate action to protect the pub- lic health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and 6 Whereas, delinquent garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached Garbage Assessment Schedule are delinquent in the payment of garbage collection charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Garbage Assessment Schedule are delinquent in the payment of garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective par- cels of property set opposite the names of the owners. nd Passed, approved and adopted this 2 day of November, 2015. Roy D Buol, Mayor Attest: Kevin S Firnstahl, City Clerk Schedule of Assessments Weed/Junk/Garbage Enforcement Programs Property Address; Owner; Parcel; Legal Description; Date cut/cleaned up by contractor; Expense; Admin. Fee Washington St, 1890; Felicia Fountain, 1890 Washington St, Dubuque, IA 52001; 1.02E+09; S 1/2 of Lot 97 East Dubuque Add; 07/07/2015; $95.00; $25.00 Avoca St, 1800; Douglas Cox, 1800 Avoca St, Dubuque, IA 52001; 1.02E+09; W 140' of Lot 7 Mills West Dub; 07/07/2015; $90.00; $25.00 Liberty Ave, 913; Deborah Merfeld, 913 Liberty Ave, Dubuque, IA 52001; 1.01E+09; Lot 7 & 8 Clarks Sub; 07/24/2015; $313.78; $25.00 Jackson St, 3118; Queck Capital Management, LLC, PO Box 762, Dubuque, IA 52004; 1.01E+09; N 1/2 of Lot 1 Liebe’s Sub #1; 07/17/2015; $157.11; $25.00 Central Ave, 3001; Jeffrey Streit, 3001 Central Ave, Dubuque, IA 52001; 1.01E+09; LOT 12 G R WESTS DUBUQUE; 09/02/2015; $56.25; $25.00 Windsor Ave, 2513; Robert Hendren, 2513 Windsor Ave, Dubuque, IA 52001; 1.01E+09; N 25 1/2' Lot 27 Stafford’s Add; 08/31/2015; $45.00; $25.00 Air Hill St, 850; Louis G. Mihalakis, 1212 Miller Rd, Dubuque, IA 52003; 1.03E+08; N 40'-S 1/2-LOT 12, S 35'-S 1/2-Lot 12, & S 60'-Lot 13 all in Kelly's Sub; 07/13/2015; $56.25; $25.00 Clarke Dr., 2155; Robert Stern & Cynthia Et al, 2155 Clarke Dr., Dubuque, IA 52001; 1.02E+09; LOT 106 Finley Add; 07/14/2015; $112.50; $25.00 Lowell St, 895; Bruce Bisping, 895 Lowell St, Dubuque, IA 52001; 1.02E+09; S 50' of Lots 22 & 23 Busemans Sub #1; 10/05/2015; $105.21; $25.00 N Algona St, 1695; Laura & Jamey Rannals, 1695 N Algona St, Dubuque, IA 52001; 1.02E+09; Lot 233 Woodlawn Park Add; 09/08/2015; $56.25; $25.00 Clarke Dr., 2155; Robert Stern & Cynthia Et al, 2155 Clarke Dr., Dubuque, IA 52001; 1.02E+09; LOT 106 FINLEY ADD; 09/10/2015; $135.00; $25.00 Andrew Ct, 2708; Holly Lynch, 2708 Andrew Ct, Dubuque, IA 52001; 1.01E+09; Lot 7 Richards Sub; 09/10/2015; $157.50; $25.00 7 Elm St, 2721; Travis Kaiser & Kendra Chapman, 2721 Elm St, Dubuque, IA 52001; 1.01E+09; S 1/2 of Lot 191 Glendale Add; 10/02/2015; $112.50; $25.00 Spires Dr., 877; Jimmy Hum & Heather Jones, 31 Orrington Ct, Schaumburg, IL 60173; 1.02E+09; Lot 7 Blk 1 Clarke Crest Estates 2nd Add; 10/01/2015; $67.50; $25.00 St. John Dr., 2212; US Bank National Association, 3815 SW Temple, Salt Lake City UT, 84115; 1.02E+09; Lot 33 Blk 2 Sunset Park #2; 07/14/2015; $67.50; $25.00 Clarke D.r, 40; Robyn St. Joan, 40 Clarke Dr., Dubuque, IA 52001; 1.02E+09; Lot 2 M a Rebman’s Sub; 02/18/2015; $77.00; $25.00 Jackson St, 1849; Chad Hansen, 511 Garfield Ave, #106, Dubuque, IA 52001; 1.02E+09; N 1/2 M 1/5 City Lot 490; 06/30/2015; $120.00; $25.00 13. Delinquent Garbage, Junk, and Weeds Removal Collection Accounts: City Man- ager recommending the levy of special assessments for the Weed/Junk/Garbage En- forcement Programs against seventeen separate parcels of property inspected from Ju- ly 1, 2015 to October 5, 2015. Upon motion the documents were received and filed and Resolution No. 377-15 Adopting the Schedule of Assessments for 2015 and directing the City Clerk to certify the Schedule of Assessments to the County Treasurer and to public notice thereof was adopted. RESOLUTION NO. 377-15 ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 2015 AND DIRECTING THE CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY TREASURER AND TO PUBLISH NOTICE THEREOF NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That after full consideration of the Schedule of Assessments attached hereto for weed/grass cutting and junk/garbage removal tax assessments which Schedule of As- th sessments was filed in the office of the City Clerk on the 29 day of October, 2015, the said Schedule of Assessments be and the same is hereby approved and adopted. That there be, and is hereby assessed and levied as a lien upon the real property, the respective sums indicated. That the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the manner provided in Iowa Code §362.3, the first publication of which shall be not more than fifteen days from the date of filing of the final schedule. On or before the date of the second publication of the notice, the City Clerk shall also mail a copy of said notice to property owners whose property is subject to assessment, as provided and directed in Iowa Code § 384.60. The assessments may be paid in full or in part without interest at the Utility Billing Of- th fice, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are payable at the Coun- ty Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Io- wa, and charges shall be collected in the same manner as general property taxes 8 against the respective parcels of the property set opposite the name of the property owner. nd Passed, approved and adopted this 2 day of November, 2015 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Delinquent Garbage Collection Charges Location; Owner; Parcel #; Amount; Category 2950 Elm; Lot 51 Glendale Add; Willis, Lawrence J. 2950 Elm St. Dubuque IA 52001; 1013109003; $96.91; garbage 1997 Jackson; S 52'5" N 2/5 OF CITY Lot 489; Davis, Kevin C & Lenora L. 1997 Jackson St. Dubuque IA 52001; 1024254008; $101.00; garbage 1025 Bluff; E 1/2 Lot 5 OF E 1/2 OF CITY Lot 655; Schellenberg, Blake R & Linda A. 31170 Southwest County View, Wilsonville OR 97070; 1024457016; $350.35; garbage 115 W 13th; W 15.54' OF W 62' OF S 2/5 OF CITY Lot 461; Adams, Clarence J. 3730 Pennsylvania #222, Dubuque IA 52002; 1024411013; $80.00; garbage 2138 Jackson; S 40'-Lot 52 L H Langworthy's Add; Homebuyers LLC, 3500 Dodge St #149, Dubuque IA 52003; 1024209005; $85.00; garbage 301 Clarke; Lot 1-93 COX'S Add & Lot 2-1-56 MARSH'S Add; Skaife Jr, Richard L. 301 Clarke Dr. Dubuque IA 52003; 1024176033; $89.00; garbage 2137 Jackson; Lot 2-S 36'6"-E 1/2-Lot 37 L H Langworthy's Add; Valdez, Gloria, 11860 Bill Allen Dr. Tyler TX 75706; 1024208016; $80.00; garbage 1069 Vernon; Lot 38 Levens Add; Heagy, Sherri M & Shirley L. 2891 Indiana Ave. Dubuque IA 52001; 1023477014; $725.00; garbage 1576 Washington; Lot 1-1-113 E DUBUQUE Add; Soule, Elizabeth Ann, 1576 Wash- ington St. Dubuque IA 52001; 1024282005; $183.00; garbage 2283 White; E 1/2-N 1/4-Lot 16P; & E 1/2- S 1/2-Lot 18 L H Langworthy's Add; Do- hanich, Michael D. 2283 White St. Dubuque IA 52001; 1024130013; $865.00; garbage 2316 Washington; N 1/2-W 100'-S 55'-Lot 1-105 L H Langworthy's Add; Lange, Wil- liam R & Merry A & Jessica E. 2316 Washington St. Dubuque IA 52001; 1013460013; $70.00; garbage 2035 Washington; Lot 22 STEINER'S Add 2033-2035 WASHINGTON; Thielen, Janice J. 2146 N Main St. Dubuque IA 52001; 1024214017; $194.00; garbage 2155 Paul; Lot 2-108 Cox's Add; ATM Properties LLC. 4962 Northrange CT, Dubu- que IA 52002; 1024111011; $342.64; garbage 1842 Central; N 25' - M 1/5 - CITY Lot 436; Dublinz 4 LLC, 5 Sawgrass Coto DE Ca- za CA 92679; 1024256004; $142.00; garbage 230 E 15th; SUB 2-1-47 E. DUB. Add. 1 & 2 SUB 1-2 OF N 1/2 OF 48 E. DUB. Add. 1 SUB 2 OF N 1/2 OF 48 E. DUB. Add. 2; Burbach, Thomas E & Mona L. 614 E 22nd St. Dubuque IA 52001; 1024426004; $67.00; garbage 575 Almond; W 26' OF S 100' OF Lot 65 & N 122'6" OF Lot 65 & E 10' OF Lot 66 COXS Add; Keehner, Kevin K. 610 E 22nd St. Dubuque IA 52001-3402; 1024155035; $129.00; garbage 9 14. Improvement Contracts / Performance, Payment and Maintenance Bonds: Hors- field Construction for the Lake Eleanor Road Lift Station and Water Main Project. Upon motion the documents were received, filed and approved. 15. Signed Contracts: License Agreement with Stone Cliff Winery for 2015 Amphi- theater Usage; Memorandum of Understanding for Technology Support and Acquisition of Technology between the City of Dubuque Multicultural Family Center and the Carne- gie-Stout Public Library. Upon motion the documents were received and filed. 16. Alcohol Compliance Civil Penalty for Alcohol License Holder – Buffalo Wild Wings: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Buffalo Wild Wings, 2805 Northwest Arterial. Upon motion the documents were received, filed and approved. 17. Alcohol Compliance Civil Penalty for Alcohol License Holder – Grand Harbor Re- sort & Water Park: City Manager recommending approval of the Acknowledg- ment/Settlement Agreement for an alcohol compliance violation for the Grand Harbor Resort & Water Park, 350 Bell Street. Upon motion the documents were received, filed and approved. 18. Alcohol Compliance Civil Penalty for Alcohol License Holder – Hartig Drug Com- pany: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Hartig Drug Company #4, 2225 Cen- tral Avenue. Upon motion the documents were received, filed and approved. 19. Tobacco Compliance – Civil Penalty for Tobacco License Holder – Hartig Drug Company: City Manager recommending approval of the Acknowledgement/Settlement Agreement for a tobacco compliance violation for Hartig Drug Company #4, 2225 Cen- tral Avenue. Upon motion the documents were received, filed and approved. 20. 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. 378-15 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. 378-15 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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and 10 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 Europa Haus Restaurant, 1301 Rhomberg Ave., Class C Liquor (Catering) Friendlylocust Mart, 408 West Locust St., Class C Beer (Sunday) Happy Joe's, 855 Century Dr., Class B Beer (Sunday) Hotel Julien Dubuque, 200 Main St., Class B Liquor (Catering) (Outdoor) (Sunday) Jumpers Sports Bar & Grill, 2600 Dodge St., Class C Liquor (Outdoor) (Sunday) Jumpin' Jane's Indoor Party & Play Center, 4292 Dodge St., Class B Beer (Sunday) Loras College - Athletic and Wellness, 1450 Loras College Parkway, Class C Liquor (Catering) (Outdoor) (Sunday) Rainbow Lounge, 36 W. 4th St., Class C Liquor (Sunday) Skinny Maginny's, 123 S. Main St., Class C Liquor (Catering) (Outdoor) (Sunday) Yen Ching Restaurant, 926 Main St., Class C Liquor nd Passed, approved and adopted this 2 day of November, 2015. 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. SCADA Manhole Installation Project: City Manager recommending initiation of the public bidding process for the 2015 SCADA (flow metering stations) Manhole Installa- tion Project, and further recommends that a public hearing be set for November 16, 2015. Upon motion the documents were received and filed and Resolution No. 379-15 Preliminary approval of plans, specifications, form of contract, and estimated cots; set- ting date of public hearing on plans, specifications, form of contract, and estimated cots; and ordering the advertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 16, 2015 in the Historic Federal Build- ing. RESOLUTION NO. 379-15 2015 SCADA (FLOW METERING STATIONS) MANHOLE INSTALLATION PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC- IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS 11 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the 2015 SCADA(flow metering stations) Manhole Installation Project in the estimated construc- tion amount $105,000.00, are hereby preliminarily approved and ordered filed in the of- fice of the City Clerk for public inspection. A public hearing will be held on the 16th day of November 2015, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, 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 four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The 2015 SCADA(flow metering stations) Manhole Installation Project is hereby or- dered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the th date for filing bids before 2:00 p.m. on the 19 day of November 2015. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council th for final action at 6:30 p.m. on the 7 day of December 2015, in the Historic Federal th Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. nd Passed, adopted and approved this 2 day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions. 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). Mr. Hobson spoke in support of his appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. 12 1. English Ridge - Housing Urban Renewal District: Proof of publication on notice of public hearing to consider a Housing Urban Renewal Plan for the English Ridge area and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 380-15 Approving the Urban Renewal Plan for the English Ridge Housing Urban Renewal Area. Seconded by Jones. John Haupert, 1183 English Mill Rd., addressed the City Council about his ideas on how the taxes could be distributed. Economic Development Director Maurice Jones and Assistant City Attorney Crenna Brumwell responded to questions about the State requirements related to urban renewal districts. Assistant City Manager will refer the erosion issue Mr. Haupert referenced to the Engineering Department. Motion carried 7-0. RESOLUTION NO. 380-15 APPROVING THE URBAN RENEWAL PLAN FOR THE ENGLISH RIDGE HOUSING URBAN RENEWAL AREA Whereas, by Resolution 348-15 approved on October 5, 2015, the City Council of the City of Dubuque, Iowa authorized the preparation of an Urban Renewal Plan for the English Ridge Housing Urban Renewal Area (the "District"); and Whereas, the proposed Urban Renewal Plan for the District has been prepared and placed on file for public inspection in the City Clerk's Office; and Whereas, the City of Dubuque's primary objective for the District is to stimulate, through public involvement and commitment, private investment in new housing and residential development as defined by Iowa Code §403.17(12), as described in the Ur- ban Renewal Plan; and Whereas, the City Council finds the District meets the definition of an economic de- velopment area in Chapter 403 of the Iowa Code, and is appropriate for the provision of public improvements related to housing and residential development; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Urban Renewal Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Urban Renewal Plan for the English Ridge Housing Urban Re- newal Area is hereby approved. 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 and the Urban Renewal Plan in the of- fice of the Dubuque County Recorder. nd Passed, approved and adopted this 2 day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk nd 2. Bee Branch Creek Basin Overlook and 22 Street Parking Lot Project: Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and the estimated cost for the Bee Branch Creek – Basin Overlook and nd 22 Street Parking Lot Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 381-15 Ap- proval of plans, specifications, form of contract, and estimated cost for the Bee Branch nd Creek – Basin Overlook & 22 Street Parking Lot Project, Iowa DOT Project No. TAP- 13 U-2100(683)--81-31. Seconded by Jones. Civil Engineer Deron Muehring stated that there will be multiple overlooks associated with the project and the current detours will change. Motion carried 7-0. RESOLUTION NO. 381-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE BEE BRANCH CREEK – BASIN OVERLOOK & 22ND STREET PARKING LOT PROJECT, IOWA DOT PROJECT NO. TAP-U-2100(683)--8I-31 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the nd Bee Branch Creek – Basin Overlook & 22 Street Parking Lot, in the estimated amount $1,554,402.00, are hereby approved. nd Passed, adopted and approved this 2 day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Sale of Property - 1849 Jackson Street: Proof of publication on notice of public hearing to consider the sale of city-owned property at 1849 Jackson Street to Communi- ty Housing Initiatives (CHI) and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 382-15 Disposing of City interest in real estate (lot) located at 1849 Jackson Street in the City of Dubuque, Iowa. Seconded by Braig. Motion carried 7-0. RESOLUTION NO. 382-15 DISPOSING OF CITY INTEREST IN REAL ESTATE (LOT) LOCATED AT 1849 JACKSON STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 369-15, dated October 19, 2015, de- clared its intent to dispose of City interest in real property (lot) located at 1849 Jackson Street, legally described as: North 1/2 of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according to the United States Commissioners Map thereof (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on November 2, 2015 at 6:30 p.m. in the Historic Federal Building, 350 W. th 6 Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agreement for the sale to Community Housing Initiatives (CHI) according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The purchase agreement by and between the City of Dubuque and CHI for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City’s interest in the Property to CHI. 14 Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney’s Office, together with a certified copy of the Resolution. nd Passed, approved, and adopted this 2 day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Sale of Property - 767 University Avenue: Proof of publication on notice of public hearing to consider the sale of city-owned property at 767 University Avenue to Habitat for Humanity and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 383-15 Disposing of City Interest in real property located at 767 University Avenue in the City of Dubuque, Iowa. Seconded by Connors. Planning Services Manager Laura Carstens, Assistant City Attorney Cren- na Brumwell, and Housing and Community Development Director Alvin Nash responded to questions about site and design considerations in comparison to the neighborhood. Motion carried 7-0. RESOLUTION NO. 383-15 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 767 UNIVER- SITY AVENUE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 368-15, dated October 19, 2015, de- clared its intent to dispose of City interest in real property located at 767 University Ave- nue, legally described as: Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubu- que, Iowa, and a right of way over Lot 3 of Lot 3, and over the East 20 feet of Lot 8, of the Subdivision of Out Lot 738, in the City of Dubuque, Iowa according to the recorded plat thereof Tract II: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubuque, Iowa, according to the recorded plat thereof the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on November 2, 2015 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agreement for the sale to Habitat for Humanity according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The purchase agreement by and between the City of Dubuque and Habitat for Humanity for the sale of the Property, a copy attached hereto, is hereby approved Section 2. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City’s interest in the Property to Habitat for Hu- manity. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney’s Office, together with a certified copy of the Resolution. 15 nd Passed, approved, and adopted this 2 day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Purchase of Twin Ridge Water, Inc.: City Manager recommending the purchase Twin Ridge Water, Inc., which provides sewer and water service to 101 properties within and adjacent to the Twin Ridge Subdivision in an unincorporated area commonly called Key West. Motion by Lynch to receive and file the documents and adopt Resolution No. 384-15 Approving an 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 Dubu- que County, Iowa and approving an 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. Seconded by Jones. City Engineer Gus Psihoyos responded to questions regarding what benefits the purchase would provide the City, how the purchase price was calculated, and the current condi- tion of the water system. Motion carried 7-0. RESOLUTION NO. 384-15 APPROVING AN ASSET PURCHASE AGREEMENT FOR THE SALE AND TRANS- FER OF EXISTING ASSETS BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND TWIN RIDGE WATER, INC., IN DUBUQUE COUNTY, IOWA AND APPROVING AN OFFER TO BUY AND ACCEPTANCE FOR THE ACQUISITION OF REAL ES- TATE OWNED BY THE GRACE M. MUELLER REVOCABLE FAMILY TRUST AND RAYMOND M. MUELLER IRREVOCABLE FAMILY TRUST IN DUBUQUE COUNTY, IOWA Whereas, Twin Ridge owns and operates a public water supply and sanitary sewer system (the "System"), located in the Table Mound Township in Dubuque County, Iowa; and Whereas, the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Ir- revocable Family Trust own real estate upon which the Twin Ridge Water, Inc. lagoon, which is essential in the operation of the sewer and water system, sits; and Whereas, City provides water service to approximately twenty-three thousand (23,000) customers and sanitary sewer service to approximately twenty-two thousand (22,000) customers throughout corporate City limits and beyond; and Whereas, City is expanding its provision of utilities to include City facilities and pro- jects located outside the corporate City limits in the areas before and beyond Twin Ridge heading toward the Dubuque Regional Airport; and Whereas, it is recognized that interconnections between utility systems are encour- aged and promoted by various regulatory agencies as being in the public interest; and Whereas, Twin Ridge desires to sell, and City desires to purchase, certain assets re- lating to the System, including pipes, wells, lift stations, pump houses, plant and equip- ment, supplies and inventories, contracts and contract rights, franchise rights, and 16 easement rights, and excluding certain liabilities associated therewith, as more specifi- cally set forth herein and subject to the terms and conditions set forth herein; and Whereas, Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevo- cable Family Trust are the owners of the following real property (the “Property”): Twin Ridge Sub #5 – Lot B; Part Lot 2-1 SW S.W. 13.96 AC; and Whereas, the City Manager has tentatively agreed to purchase the Property from the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust, subject to the approval of an Offer to Buy Real Estate and Acceptance between the City of Dubuque and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust, by the City Council; and Whereas, the City Council has determined that it would be in the best interests of the City to approve 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. and the Offer to Buy Real Estate and Acceptance between the City of Dubuque, Iowa and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Asset Purchase Agreement for the Sale and Transfer of Ex- isting Assets By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc. is hereby approved. Section 2. The City Council hereby approves the Offer to Buy Real Estate and Ac- ceptance between the City of Dubuque, Iowa and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust attached hereto. Section 3. The City Manager and City Attorney are authorized to take such further ac- tion as is required to execute and complete 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. and the Offer to Buy Real Estate and Acceptance between the City of Dubuque, Iowa and the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust, including but not limited execution of deeds, leases, easement agreements, dedication of utilities, and assignments of easements. nd Passed, approved and adopted this 2 day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Sewershed 7 & 10 Manhole Replacement Project Award: City Manager recom- mending award of the construction contract for the 2015 Sewershed 7 & 10 Manhole Replacement Project to the low bidder Top Grade Excavating. Motion by Connors to re- ceive and file the documents and adopt Resolution No. 385-15 Awarding public im- provement contract for the 2015 Sewershed 7 & 10 Manhole Replacement Project. Se- conded by Braig. Motion carried 7-0. 17 RESOLUTION NO. 385-15 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2015 SEWERSHED 7 & 10 MANHOLE REPLACEMENT PROJECT Whereas, sealed proposals have been submitted by contractors for the 2015 Sew- ershed 7 & 10 Manhole Replacement Project (the Project) pursuant to Resolution No. 347-15 and Notice to Bidders published in a newspaper published in the City of Dubu- th que, Iowa on the 9 day of October, 2015.Whereas, said sealed proposals were opened nd and read on the 22 day of October, 2015, and it has been determined that Top Grade Excavating, Inc. of Farley, Iowa, with a bid in the amount of $167,468.00, 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. nd Passed, approved and adopted this 2 day of November, 2015. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk 3. English Ridge - Housing Urban Renewal District: City Manager recommending adoption of an ordinance creating a tax increment financing district for the English Ridge Housing Urban Renewal Area. Motion by Braig to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 7-0. Motion by Braig for final consideration and passage of Ordinance No. 68-15 Provid- ing that general property taxes levied and collected each year on all property located within the English Ridge Housing Urban Renewal Area, in 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 said Urban Renewal Redevelopment Project. Seconded by Resnick. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 68-15 PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE ENGLISH RIDGE HOUSING URBAN RENEWAL AREA, IN 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 18 SAID CITY IN CONNECTION WITH SAID URBAN RENEWAL REDEVELOPMENT PROJECT Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hear- ing as prescribed by law and pursuant to Resolution No. 380-15 passed and approved nd on the 2 day of November, 2015, adopted an Urban Renewal Plan (the "Urban Re- newal Plan") for an urban renewal area known as the English Ridge Housing Urban Re- newal Area (the "Urban Renewal Project Area"); and Whereas, expenditures and indebtedness are anticipated to be incurred by the City of Dubuque, Iowa in the future to finance urban renewal project activities carried out in furtherance of the objectives of the Urban Renewal Plan and the future needs for rede- velopment within the Urban Renewal Project Area are such as to require the application of the incremental tax resources of the Urban Renewal Project Area; and Whereas, the City Council of the City of Dubuque, Iowa desires to provide for the di- vision of revenue from taxation in the Urban Renewal Project Area, as above described, in accordance with the provisions of Section 403.19 of the Code of Iowa, as amended, and the Urban Renewal Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. For purposes of this Ordinance, the following terms have the following meanings: a). Urban Renewal Project Area shall include that area described as follows: ALL THAT PART OF THE RIGHT OF WAY OF STONE VALLEY DRIVE LYING BE- TWEEN THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 20 AND THE WEST LINE OF ENGLISH RIDGE SUBDIVISION. LOTS B AND C ENGLISH RIDGE SUBDIVISION (CHESTERFIELD DR.), AND; LOT A ENGLISH RIDGE SUBDIVISION, AND; LOT L ENGLISH RIDGE SUBDIVISION, AND; LOT K ENGLISH RIDGE SUBDIVISION, AND; LOT J ENGLISH RIDGE SUBDIVISION, AND; LOTS 1 – 22, INCLUSIVE, IN BLOCK 1 ENGLISH RIDGE SUBDIVISION, AND; LOTS 1 – 23, INCLUSIVE, IN BLOCK 2 ENGLISH RIDGE SUBDIVISION, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOTS 1 – 21, INCLUSIVE, IN ENGLISH RIDGE SUBDIVISION NO. 2, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOTS 22 - 42, INCLUSIVE, IN ENGLISH RIDGE SUBDIVISION NO. 3, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOT B ENGLISH RIDGE SUBDIVISION NO. 5, AND: LOTS 43 - 64, INCLUSIVE, IN ENGLISH RIDGE SUBDIVISION NO. 6, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOT E ENGLISH RIDGE SUBDIVISION NO. 6, EXCEPTING THAT PORTION OF SAID LOT E LYING WITHIN THE PUBLIC RIGHT OF WAY OF ENGLISH MILL ROAD. 19 (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the English Ridge Housing Urban Renewal Area, approved by Resolution No. 380-15 on November 2, 2015, as the same may be amended from time to time. Section 2. That the taxes levied on the taxable property in the Urban Renewal Project Area, legally described in 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 oth- er 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 as- sessed value of the taxable property in the Urban Renewal Project Area, as shown on the assessment roll as of January 1, 2014, being January 1 of the calendar year preced- ing the first calendar year in which the City of Dubuque is expected to certify 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 tax- ing 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 Project Area. Section 4. That portion of the taxes each year in excess of the base period taxes de- termined for the Urban Renewal Project Area as provided in Section 3 of this Ordinance shall be allocated to and when collected be paid into a special tax increment fund of the City of Dubuque, Iowa hereby established, to pay the principal of and interest on loans, monies advanced to, indebtedness, whether funded, refunded, assumed or otherwise, including bonds or obligations issued under the authority of Section 403.9 or 403.12 of the Code of Iowa, as amended, incurred by the City of Dubuque, Iowa, to finance or re- finance, in whole or in part, urban renewal projects undertaken within the Urban Re- newal Project Area pursuant to the Urban Renewal Plan, except that (i) taxes for the regular and voter-approved physical plant and equipment levy of a school district im- posed pursuant to Iowa Code Section 298.2 and taxes for the instructional support pro- gram of a school district imposed pursuant to Iowa Code Section 257.19 (but in each case only to the extent required under Iowa Code Section 403.19(2)); (ii) taxes for the payment of bonds and interest of each taxing district; (iii) taxes imposed under Iowa Code Section 346.27(22) related to joint county-city buildings; and (iv) any other excep- tions described in Section 403.19 shall be collected against all taxable property within the Urban Renewal Project Area without any limitation as hereinabove provided. Section 5. Unless or until the total assessed valuation of the taxable property in the Urban Renewal Project Area exceeds the total assessed value of the taxable property in the Urban Renewal Project Area as shown by the assessment rolls referred to in Sec- tion 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Urban Renewal Project Area shall be paid into the funds for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. Section 6. At such time as the loans, advances, indebtedness, bonds and interest thereon of the City of Dubuque, Iowa referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Urban Renewal 20 Project 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 fully implement the division of taxes from taxable property in the Urban Renewal Project Area under the provisions of Section 403.19 of the Code of Io- wa. 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 Io- wa with reference to the Urban Renewal Project Area and the territory contained there- in. Section 8. This Ordinance shall be in effect after its final passage, approval and pub- lication as provided by law. nd Passed and approved this 2 day of November, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 6 day of November, 2015. /s/Kevin S. Firnstahl, City Clerk 4. Code of Ordinances Amendment - Title 16 Zoning Board of Adjustment: City Man- ager recommending approval of an ordinance which amends Title 16, Chapter 8 of the City of Dubuque Code of Ordinances by removing duplicate sections and renumber the sections accordingly. 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. Se- conded by Lynch. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 69-15 Amend- ing City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 8 Zoning Board of Adjustment Applications by removing duplicate sections and renumber- ing the sections accordingly. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 69-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE- VELOPMENT CODE, CHAPTER 8 ZONING BOARD OF ADJUSTMENT APPLICA- TIONS BY REMOVING DUPLICATE SECTIONS AND RENUMBERING THE SEC- TIONS ACCORDINGLY NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 16, Chapter 8 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Chapter 8 ZONING BOARD OF ADJUSTMENT APPLICATIONS AND PROCEDURES . . . . 16-8-2: APPEAL FROM ADMINISTRATIVE OFFICIAL: 21 16-8-2-1: AUTHORIZATION: . . . . 16-8-2-2: APPEAL PROCEDURE: . . . . 16-8-2-3: EFFECT OF APPEAL: . . . . 16-8-3: CONDITIONAL USE PERMIT PROCEDURE: 16-8-3-1: GENERALLY: . . . . 16-8-3-2: APPLICATION: . . . . C. The board may require the applicant for a conditional use permit to supply any fur- ther information beyond that contained in the application where it reasonably considers such information necessary to make the determinations required by section 16-8-3-4 of this chapter. 16-8-3-3: NOTICE AND MEETING REQUIREMENTS: . . . . 16-8-3-4: STANDARDS FOR GRANTING CONDITIONAL USE PERMIT: . . . . 16-8-3-5: CONDITIONS AND RESTRICTIONS ON CONDITIONAL USE PERMIT: A. Imposition Of Conditions And Restrictions: In granting a conditional use permit, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the standards of section 16-8-3-4 of this chapter to reduce or eliminate any detrimental effect of the proposed conditional use permit upon the neighborhood or the district, or to carry out the general purposes and intent of this title. . . . . 16-8-3-6: DECISION AND RECORDS: The board shall render a written decision on an application for a conditional use per- mit after the close of the meeting. The decision of the board shall contain specific find- ings of fact supporting the granting or denial of the conditional use permit and shall clearly set forth any conditions or restrictions imposed pursuant to section 16-8-3-5 of this chapter. The board shall maintain the record of all actions with respect to applica- tions for conditional use permits and shall notify the city council of their decisions on each application. 16-8-3-7: PERIOD OF VALIDITY; EXPIRATION: . . . . 16-8-3-8: PARKING REGULATIONS: . . . . 16-8-3-9: SIGN REGULATIONS: . . . . 16-8-3-10: LIST OF CONDITIONAL USES: . . . . 16-8-4: VARIANCE PROCEDURE: 16-8-4-1: APPLICATION: . . . . 16-8-4-2: NOTICE AND MEETING REQUIREMENTS: 22 . . . . 16-8-4-3: REQUIREMENTS FOR GRANTING OF VARIANCE: . . . . 16-8-4-4: CONDITIONS AND RESTRICTIONS ATTACHED TO GRANTING OF VARIANCE: . . . . 16-8-4-5: DECISIONS AND RECORDS: . . . . 16-8-5: SPECIAL EXCEPTIONS: 16-8-5-1: APPLICATION: . . . . 16-8-5-2: NOTICE AND MEETING REQUIREMENTS: . . . . 16-8-5-3: REQUIREMENTS FOR GRANTING SPECIAL EXCEPTION: . . . . 16-8-5-4: CONDITIONS AND RESTRICTIONS ATTACHED TO GRANTING SPE- CIAL EXCEPTION: . . . . 16-8-5-5: DECISIONS AND RECORDS: . . . . 16-8-6: APPEAL FROM BOARD DECISION: . . . . Section 2. This Ordinance takes effect upon publication. nd Passed, approved, and adopted the 2 day of November, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 6 day of November, 2015. /s/Kevin S. Firnstahl, City Clerk 5. Bee Branch Creek Restoration Project Bench and Trash Receptacle Design: City Manager recommending approval to proceed with the fabrication of benches and trash receptacle designs for the Bee Branch Creek Restoration Project. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Lynch. Civil Engineer Deron Muehring stated that there are about 12 benches available for sponsorship. Motion carried 7-0. 6. Request to Schedule Work Session - Rehabilitation Projects: City Manager rec- ommending approval to schedule a City Council work session for Tuesday, January 19, 2016 at 4:30 p.m. to tour three rehabilitation projects. Motion by Braig to receive and file the documents and set the work session as recommended. Seconded by Resnick. Mo- tion carried 7-0. There being no further business, upon motion the City Council adjourned at 7:17 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 23