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1 7 19 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:00 p.m. on January 7, 2019 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios,h w; City Manager Vanilligen, City Attorney Brumwell Ab8: : 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. Human Trafficking Prevention Month (January 2019) was accepted by Sr. Mary Lechtenburg OSF and Sr. Joy Peterson PVBM. 1 Yays Nays Rios Jones /7/ Larson Shaw Del Toro ate-' / Resnick Buol CONSENT ITEMS 1. Minutes and Reports Submitted Catfish Creek Watershed Management Authority of 12/21; City Council Proceedings of 12/17; Five Flags Civic Center Commission of 12/20; Historic Preservation Commission of 12/20; Park and Recreation Commission of 12/11; Zoning Board of Adjustments of 12/20; Proof of publication for City Council Proceedings of 11/26; Proof of publication for City Council Proceeding of 12/3; Proof of publication List of Claims and Revenues for Month Ending 11/30. Suggested Disposition: Receive and File 2. Notice of Claims and Suits Dittmer Recycling, Inc. for property damage and Jesse Drolema for vehicle damage. 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: Dittmer Recycling, Inc. for property damage; and Jesse Drolema for vehicle damage. Suggested Disposition: Receive and File; Concur 4. Approval of City Expenditures City Manager recommending Council approval for payment of City expenditures. RESOLUTION 1-19Authorizing the Finance Director -City Treasurer to make certain payments of bills that must be paid and approved for payment in accordance with City procedures Suggested Disposition: Receive and File; Adopt Resolution(s) 5. Landover Corporation - Development Agreement City Manager recommending approval of the Grant Agreement for Urban Revitalization Area Designation between the City of Dubuque and Landover Corporation, which requires the acceptance of Housing Choice Vouchers in all units developed at 1895 Radford Road. RESOLUTION 2-19 Approving a Development Agreement by and between the City of Dubuque, Iowa and Landover Corporation, providing for the issuance of Urban Revitalization Area Designation for the Development of 1895 Radford Road Suggested Disposition: Receive and File; Adopt Resolution(s) 2 Yays Nays Rios Jones Larson Shaw Del Toro Resnick Buol 6. Adopt Radford Road Revitalization Plan and Designate Area City Manager recommending approving the Radford Road Urban Revitalization Plan for the Radford Road Urban Revitalization Area. RESOLUTION 3-19 Approving the Adoption of an Urban Revitalization Plan for the Radford Road Urban Revitalization Area Suggested Disposition: Receive and File; Adopt Resolution(s) 7. Cohen -Esrey Development Group, LLC -Development Agreement City Manager recommending approval of an agreement between the City of Dubuque and Cohen -Esrey Development Group, LLC to develop affordable family housing at 2887 and 2901 Central Avenue (the former Holy Ghost School). RESOLUTION 4-19 Approving a Development Agreement by and between the City of Dubuque, Iowa and Cohen -Esrey Development Group, LLC providing for the issuance of Urban Revitalization Designation for the redevelopment of 2887 and 2901 Central Avenue Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Cohen -Esrey Request for City Support for Low -Income Housing Tax Credit Application City Manager recommending approval of a resolution supporting the Low -Income Housing Tax Credit Program application by Cohen -Esrey to the Iowa Finance Authority for the redevelopment of the former Holy Ghost School and Convent at 2887 and 2901 Central Avenue into affordable family housing. RESOLUTION 5-19 Supporting Cohen -Esrey Application for Low -Income Housing Tax Credit for Central Avenue Historic Residences Suggested Disposition: Receive and File; Adopt Resolution(s) 9. Horizon Development Group, Inc. - Development Agreement City Manager recommending approval of the Grant Agreement for Urban Revitalization Area Designation between the City of Dubuque and Horizon Development Group, Inc. RESOLUTION 6-19 Approving a Development Agreement by and between the City of Dubuque, Iowa and Horizon Development Group, Inc. providing for the issuance of Urban Revitalization Area designation for the development of 1225 Alta Vista Suggested Disposition: Receive and File; Adopt Resolution(s) 3 Yays Nays V, Rios , Jones Larson ' J Shaw Del Toro I, " Resnick Buol 10. Adopt Nativity / Alta Vista Urban Revitalization Plan City Manager recommending adoption of a resolution approving the Alta Vista Urban Revitalization Plan for the Nativity Road Urban Revitalization Area. RESOLUTION 7-19 Approving the Adoption of an Urban Revitalization Plan for the Nativity Road Urban Revitalization Area Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Letter to State Legislators -2019 Legislative Priorities City Manager submitting letter to State Legislators requesting support in creating strategic initiatives around mental health, childcare, quality affordable housing, job training, workforce development, job creation and do all this looking through an equity lens. Suggested Disposition: Receive and File; Approve 02, Correspondence from Representative Charles Isenhart epresentative Charles Isenhart requesting that his letter of August 18, 2018 regarding strategic planning priorities be officially recorded in the minutes of the City Council. Suggested Disposition: Receive and File; Make Matter of Record 13. Westside Water System Improvements Contracts A, B, and C Acceptance and Release of Retainage City Manager recommending acceptance of the construction contracts and release of retainage for the Westside Water System Improvements Contract A: English Mill Road / North Cascade Road Water Main Extension; Contract B: English Mill Pumping Facility; and Contract C: Highway 20 Water Main Extension Projects as completed by Portzen Construction, Inc. RESOLUTION 8-19 Accepting the Westside Water System Improvements, Contract A — English Mill Road / North Cascade Road Water Main Extension; Contract B — English Mill Pumping Facility; and Contract C — Highway 20 Water Main Extension, Project and Authorizing Final Payments to the Contractor Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios Jones Larson Shaw Del Toro Resnick Buol 14. DollarWise Innovation Grant Application City Manager recommending authorization to submit an application to The United States Conference of Mayors for a DollarWise Innovation Grant. RESOLUTION 9-19 Authorizing the Mayor to Execute an Application to The United States Conference of Mayors for Their Dollarwise Innovation Grant and Authorizing the Director of Housing and Community Development and the City Manager to Approve the Application Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Iowa Great Places Contract City Manager recommending approval of a contract with the Iowa Department of Cultural Affairs to provide an Iowa Great Places grant for restoration of the Mathias Ham House Campus Suggested Disposition: Receive and File; Approve 16. Civil Service Commission - Certified Lists Civil Service Commission submitting the certified list for Fire Promotional positions of Medical Officer, Fire Captain, EMS Supervisor, Fire Lieutenant, and Assistant Fire Chief along with the certified list for the position of Scale Operator. Suggested Disposition: Receive and File; Make Matter of Record 17. Environmental Review Determination for Hillcrest Family Services City Manager recommending approval of an environmental review determination for Hillcrest Supportive Housing Program relative to the Continuum of Care funding award. Suggested Disposition: Receive and File; Approve 18. Amending Paying Agent, Bond Registrar and Transfer Agent Agreements - Wells Fargo City Manager Recommending approval of a resolution to align with current practices of Wells Fargo as the City's Bond Paying Agent. RESOLUTION 10-19 Amending Paying Agent; Bond Registrar and Transfer Agent Agreements Suggested Disposition: Receive and File; Adopt Resolution(s) 5 Yays Nays Rios Jones Larson Shaw Del Toro Resnick Buol 19. Pre -Annexation Agreement - Molony Foundation City Manager recommending approval of a Pre -Annexation Agreement with the Donald, James and Mary Kathleen Molony Foundation for the subject property. RESOLUTION 11-19 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and the Donald, James and Mary Kathleen Molony Foundation Suggested Disposition: Receive and File; Adopt Resolution(s) 20. Consultant Selection for Comiskey Park Engagement, Design, Construction Management, and Grant Administration Services City Manager recommending approval of the selection of Saiki Design as the consultant to provide the Comiskey Park Engagement, Design, Construction Management and Grant Administration. Suggested Disposition: Receive and File; Approve 21. Workers' Compensation Settlement Agreement for Albert Weidenbacher City Attorney recommending approval of a Workers° Compensation Settlement Agreement with Leisure Services seasonal employee Albert Weidenbacher. Suggested Disposition: Receive and File; Approve 22. Acceptance of Subdivision Improvements in Timber-Hyrst Estates No. 5 Subdivision City Manager recommending acceptance of the public improvements that the developers, North Cascade Road Developers, LLC, have recently completed in Timber- Hyrst Estates No. 5. RESOLUTION 12-19 Accepting Public Improvements in Timber-Hyrst Estates No. 5 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 6 Yays Nays Rios Jones Larson Shaw Del Toro Resnick Buol 23. Acceptance of Grant of Easement for Water Main Utility over Tracy Property in Tamarack Park City Manager recommending acceptance of the Grant of Easement for Water Main Utility from William C. and Kay J. Tracy and William D. Tracy, Trustee of the William D. Tracy Revocable Trust for property located in Tamarack Park. RESOLUTION 13-19 Accepting a Grant of Easement for Water Main Utility Through, Over and Across Part of Lot 2 Of Lot 2, Excepting Therefrom Lot A of Lot 2 of Lot 2, in the Southeast Quarter of Section 14, T88N, R2E of the 5th P.M., In Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 24. Establishing Fair Market Value for Right of Way Property Acquisition at Pennsylvania Avenue and Radford Road City Manager recommending adoption of a resolution which establishes and sets the Just Compensation Valuation (Fair Market Value) for the Pennsylvania Avenue and Radford Road Intersection Improvements Project. RESOLUTION 14-19 Establishing the Fair Market Value of Real Property for the Pennsylvania Avenue & Radford Road Intersection Improvements Project, Directing Good Faith Negotiations for the Fee Title Acquisition of Property and Authorizing the Commencement of Eminent Domain Proceedings, if Necessary, to Acquire Property Suggested Disposition: Receive and File; Adopt Resolution(s) 25. Signed Contract(s) Emmons & Olivier Resources, Inc., for Eagle Point Park Environmental Restoration; RDG Planning & Design for the Central Avenue Corridor Streetscape Master Plan; Teska Associates for implementation of the 2017 Comprehensive Plan and the Washington Neighborhood Market Analysis. Suggested Disposition: Receive and File 26. Business License Refunds Request from Kwik Stop 16th St. #300 for a refund of the Liquor License No. LE0002454 located at 1215 East 16th Street due to downsizing of liquor license to beer and wine only; Beecher Liquor located at 2013 Central Ave. due to business name change and reorganization. Suggested Disposition: Receive and File; Approve 7 Yays Nays Rios Jones Larson Shaw Del Toro Resnick Buol 27. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 15-19 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 Suggested Disposition: Receive and File; Adopt Resolution(s) 8 ITEMS SET FOR PUBLIC HEARING 1. Dupaco Community Credit Union Development Agreement Changed City Manager recommending that the City Council set a public hearing for January 22, 2019, on a proposed Development Agreement between and among Dupaco Voices, LLC, Dupaco Community Credit Union and the City of Dubuque providing for the issuance of Urban Renewal Tax Increment Revenue Grant Obligations for development of property at 1000 Jackson Street. RESOLUTION 16-19 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on a proposed Development Agreement between and among the City of Dubuque, Iowa, Dupaco Voices, LLC and Dupaco Community Credit Union, including the issuance of Urban Renewal Tax Increment Revenue Obligations, and providing for the publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for January 22, 2019 2. Upper Bee Branch Creek Railroad Culverts Project Stormwater Capital Loan Notes (SRF Program) City Manager recommending that the City Council set February 18, 2019 for a public hearing on the proposition of selling not to exceed $18,000,000 in Stormwater Utility Revenue Capital Loan Notes (State Revolving Loan Fund Program) for the Upper Bee Branch Creek Railroad Culverts Project and Midtown Transfer and Catfish Creek Watershed Pervious Alley Construction Sponsorship Project. RESOLUTION 17-19 Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the Issuance of Not to Exceed $18,000,000 Stormwater Management Utility Revenue Capital Loan Notes of the City of Dubuque, State of Iowa, and providing for publication of notice thereof Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for February 18, 2019 Yays Nays Rios if Jones ' Larson Shaw Del Toro Resnick 4 , Buol 9 PUBLIC HEARINGS 1. Roosevelt Street Water Tower Project - SRF Environmental Review Proof of Publication on notice of public hearing to consider approval of the Roosevelt Street Water Tower Project Environmental Review, and the City Manager recommending approval. RESOLUTION 18-19 Approval of Environmental Review as provided by SRF's Department of Natural Resources for the Roosevelt Street Water Tower Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ate' Rios , Jones s,,'` -',Z:- Larson Shaw Del Toro / Resnick Buol c'/`y 10 2. Code tOrdinances Amendment Title 9 - Amending Residential Parking Permit District H Proof of Publication on notice of public hearing to consider approval of an amendment to the City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, that amends Residential Parking Permit District H, by adding Keystone Drive, both sides, from Phyllrich Drive to its westerly terminus and changes the parking restriction to 7 a.m. to 3 p.m. on school days only, and the City Manager recommending approval. ORDINANCE 1-19 Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and. Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321740 Residential Parking Permit District H Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Rios ,, Jones iip;" Larson i, ----Shaw Shaw Del Toro a,. Resnick Buol Final Reading and Adopt Yays Nays Rios Jones iip;" Larson Shaw Del Toro a,. Resnick Buol 11 �a3 3. Upper Bee Branch Creek Railroad Culverts Project Proof of Publication on notice of public hearing to consider plans, specifications, form of contract, and estimated cost for the Upper Bee Branch Creek Railroad Culverts Project and the City Manager recommending approval. RESOLUTION 19-19 Approval of plans, specifications, form of contract, and estimated cost for the Upper Bee Branch Creek Railroad Culverts Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays i Rios Jones Larson it,"-- Shaw Del Toro / Resnick Buol 12 4. Historic Federal Building Roof Restoration Project Proof of publication on notice of public hearing to consider approval of the plans, specifications, form of contract and estimated cost for the Historic Federal Building Roof Restoration Project, and the City Manager recommending approval. RESOLUTION 20-19 Approval of plans, specifications, form of contract, and estimated cost for the Historic Federal Building Roof Restoration Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios Jones Larson Shaw - , Del Toro Resnick Buol 13 PUBLIC INPUT 14 ACTION ITEMS 1. Code of Ordinances Amendment Title 16 - Zoning Advisory Commission Voting Quorum (Second Reading) Zoning Advisory Commission recommending approval of amending ordinance the Unified Development Code (Zoning Ordinance) sections 16-9-1 (J)(5), 16-9-5-2(B), 16- 9-6-2(B), and 16-9-6-3 to modify voting requirements for the Zoning Advisory Commission. ORDINANCE -1 Amending Title 16 Unified Development Code of The City Code of Ordinances, b Amending Section 16-9-1(J)(5), Section 16-9-5-2(B), Section 16-9-6- 2(B) And Section 16-9-6-3 to Remove the Requirement for a Minimum of Four Affirmative Votes by the Zoning Advisory Commission for a Recommendation of Approval for Rezonings and Text Amendments Suggest- Dispositi a eive and File; Motion B; Motion A Suspend the Readings Yays Nay, Rios tom'' _Jones Larson Shaw Del Toro fi Resnick Buol '' 1 Final - eading and Adopt Yays N 'os / Janes Lai, s_A SP ,Del Toro Resnick Buol 15 2. Small Cell Aesthetic Guidelines City Manager recommending approval of the Small Cell Design Guidelines and ordinance prior to a Federal Communications Commission (FCC) -imposed deadline of January 14, 201', for having such guidelines in writing. ORDINANC 1 Requiring the City Manager to develop, with the approval of the City Council, written guidelines to establish general procedures and standards, consistent with all applicable Federal and State laws, for the siting, construction, installation, collocation, modification, relocation, operation and removal of small cell wireless technology within the City's tight -of -way and on City property Sugge l edispositi n Re eive nd File; Mon B; Mon A Yays , days` Rios Jones Larson Shaw '. Del Toro ✓ Resnick Buol 16 3. Renaming of Northview Drive to Miracle League Drive City Manager recommending City Council approval to rename Northview Drive to Miracle League Drive. ORDINANCE 4-19 Renaming Northview Drive to Miracle League Drive Suggested Disposition: Receive and File; Motion B; Motion A Final Reading and Adopt Suspend the Readings Yays Nays Nays Rios Rios Jones j Jones f Larson Del Toro Shaw Resnick j Del Toro -`� Resnick Buol Final Reading and Adopt Yays Nays rte,,, Rios Jones j Larson Shaw Del Toro Resnick Buol 17 4. Operation New View Community Action Agency Funding City Manager recommending approval to provide funding assistance to Operation New View Community Action Agency. Suggested Disposition: Receive and File; Approve Yays Nays Rios Jones Larson Shaw Del Toro Resnick Buol Zie 4/1 %At "fk-74 /fite *1:41 i).49 18 5. Establishing Radford Road Urban Revitalization Area City Manager recommending adoption of an ordinance designating the Radford Road Urban Revitalization Area. ORDINANCE 5-19 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas, by Adopting a New Section 15 Radford Road, Establishing the Radford Road Urban Revitalization Area, and Establishing Requirements for Qualifying Property Owners Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Rios Jones Larson Shaw Del Toro Resnick % Buol RR Final Reading and Adopt Yays Nays Rios Jones Larson Shaw Del Toro Resnick % Buol 19 4:5 6. Landover Corporation Requests City Support for Low -Income Housing Tax Credit Application City Manager Recommending Supporting Landover Corporation Application for Low - Income Housing Tax Credit for Radford Road Housing Development. RESOLUTION 21-19 Supporting Landover Corporation Application for Low -Income Housing Tax Credit for Radford Road Housing Development Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Rios ice" Jones Larson .y' Shaw Del Toro Resnick _, ' ` Buol &gib 541 (5) 20 7. Establish Nativity / Alta Vista Urban Revitalization Area City Manager recommending adoption of an ordinance establishing the Nativity / Alta Vista Urban Revitalization Area. ORDINANCE 6-19 Amending City of Dubuque Code of Ordinances Title 3, Revenue and Taxation, Chapter 2 Revitalization Areas, by Adopting a New Section 14 Nativity Place, Establishing the Nativity Urban Revitalization Area, and Establishing Requirements for Qualifying Property Owners Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays Nays Rios Jones Jones Larson Larson Shaw Del Toro ,Resnick Del Toro 1,' Buol "AIM Final Reading and Adopt Yays,, Nays Rios 1 Jones Larson Shaw Del Toro Resnick 1` Buol 21 6'4( 8. Horizon Development Group, Inc Requests City Support for Low -Income Housing Tax Credit Application / City Manager recommending approval of a resolution supporting the Low -Income Housing Tax Credit Program application to the Iowa Finance Authority by Horizon Development Group, Inc. for the Nativity Senior Housing Project at 1225 Alta Vista. RESOLUTION 22-19 Supporting Horizon Development Group, Inc Application for Low - Income Housing Tax Credit for Nativity Senior Housing Project Suggested Disposition: Receive and File; Adopt Resolution(s) Yays , Nays i < Rios //1 -Jones Larson Shaw Del Toro Resnick Buol 22 9. Mayor and City Council Appointments to Various Boards and Commission City Council to review and determine any changes to Mayor and Council Member appointments and representation on various boards and commissions. Suggested Disposition: Receive and File; Council /oil 4/12 Pz- 23 CO NCIL MEMBER PORTS x/‘ 4)7 ri,//) n id-OL- P/4h) CL s SE ► SE , ION @ p.m. Pen g Litigatio a Real Estat-Tra•rigfe Negotiations — k�aptet'-21- x(14() -,=(j) Code of Iowa Yays Nays Rios Jones V' Larson Shaw Del Toro k Resnick // Buol Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are RBCON ENED in b ien sess ADJOURNMENT @ Ya s Nays Rios Jones V' Larson Shaw Del Toro .` - Resnick // Buol 24 TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, January 07, 2019 at 6:00 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. AJ? Consent Items: Pages 1-5 oy D. Buol, Mayor