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1 7 19 City Council AgendaROLL CALL ORDER FOR MEETING OF January 7, 2019 Rios, Jones, Larson, Shaw, Del Toro, Resnick, Buol CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building Second-Floor Council Chambers 350 W. 6th Street January 7, 2019 Council meetings are video streamed live and archived at www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2 REGULAR SESSION 6:00 PM PLEDGE OF ALLEGIANCE PROCLAMATION(S) 1.Human Trafficking Prevention Month (January 2019) CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 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 Pg. 1 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 Authorizing 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 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) 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 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 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 Supporting Cohen-Esrey Application for Low-Income Housing Tax Credit for Central Avenue Historic Residences Suggested Disposition: Receive and File; Adopt Resolution(s) Pg. 2 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 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) 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 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 12.Correspondence from Representative Charles Isenhart Representative 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 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) 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 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 NovusAGENDA Pg. 3 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 Amending Paying Agent; Bond Registrar and Transfer Agent Agreements Suggested Disposition: Receive and File; Adopt Resolution(s) 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 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 Accepting Public Improvements in Timber-Hyrst Estates No. 5 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Pg. 4 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 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 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 27.Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine licenses as submitted. RESOLUTION 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) ITEMS SET FOR PUBLIC HEARING These agenda items are being scheduled for a future public hearing on the date indicated. 1.Dupaco Community Credit Union Development Agreement Pg. 5 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 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 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 PUBLIC HEARINGS Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and state your name and address when the item you wish to speak to is being considered. 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 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) 2.Code or Ordinances 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. NovusAGENDA Pg. 6 ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residential Parking Permit District H Suggested Disposition: Receive and File; Motion B; Motion A 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 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) 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 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) PUBLIC INPUT At this time, anyone in the Council Chambers may address the City Council on the Action Items on the agenda or on matters under the control of the City Council. Citizens are asked to approach the podium and state their name and address before proceeding with their comments. Individual remarks are limited to five minutes, and the overall Public Input period is limited to 30 minutes. Under the Iowa Open Meetings Law, the City Council can take no formal action on comments given during Public Input which do not relate to Action Items on the Agenda. ACTION ITEMS These are items where discussion is held by the City Council - public comments are not allowed except as authorized by the Mayor. 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 Amending Title 16 Unified Development Code of The City Code of Ordinances, by 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 Suggested Disposition: Receive and File; Motion B; Motion A 2.Small Cell Aesthetic Guidelines Pg. 7 City Manager recommending approval of the Small Cell Design Guidelines and ordinance prior to a Federal Communications Commission (FCC)-imposed deadline of January 14, 2019, for having such guidelines in writing. ORDINANCE 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 Suggested Disposition: Receive and File; Motion B; Motion A 3.Renaming of Northview Drive to Miracle League Drive City Manager recommending City Council approval to rename Northview Drive to Miracle League Drive. ORDINANCE Renaming Northview Drive to Miracle League Drive Suggested Disposition: Receive and File; Motion B; Motion A 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 5.Establishing Radford Road Urban Revitalization Area City Manager recommending adoption of an ordinance designating the Radford Road Urban Revitalization Area. ORDINANCE 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 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 Supporting Landover Corporation Application for Low-Income Housing Tax Credit for Radford Road Housing Development Suggested Disposition: Receive and File; Adopt Resolution(s) 7.Establish Nativity / Alta Vista Urban Revitalization Area City Manager recommending adoption of an ordinance establishing the Nativity / Alta Vista Urban Revitalization Area. ORDINANCE 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 8.Horizon Development Group, Inc Requests City Support for Low-Income Housing Tax Credit Application Pg. 8 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 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) 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 COUNCIL MEMBER REPORTS CLOSED SESSION Pending Litigation and Real Estate Transfer Negotiations – Chapter 21.5(1)(c), -(j) Code of Iowa ADJOURNMENT The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City Clerk's Office, 50 W. 13th Street, during regular business hours. This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City of Dubuque, Iowa and/or governmental body holding the meeting. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TTY/TTD (563) 690-6678. Pg. 9