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10 19 15 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on October 19, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl 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 Enhanced Neighborhood Support. WORK SESSION Enhanced Neighborhood Support City Manager Van Milligen presented and read an introductory memo. Planning Ser- vices Manager Laura Carstens introduced staff and community partners: Neighborhood Development Specialist Jerelyn O'Connor, Police Chief Mark Dalsing, Civil Engineer Dave Ness, City Engineer Gus Psihoyos, Housing & Community Development Director Alvin Nash, Assistant City Attorney Crenna Brumwell, Public Information Officer Randy Gehl, Human Rights Director Kelly Larson, Brand Morgan and Ken Anthony of Alliant Energy, David Harris of Community Housing Initiatives (CHI), and Eric Dregne of the Community Foundation of Greater Dubuque. Topics included: A. Overview • Relationship to the City's Comprehensive Plan • Community -Wide Effort: Focus Areas = funding opportunities B. Short -Term Actions 1 Neighbors: Feedback, Activities; Neighborh2Neighbor Initiative; Neighborhood in- volvement and communication 2. Protect & Serve: Enhanced police presence; Community Oriented Policing; of- ficer expansion plan; special enforcement; working with property owners; emergen- cy partnerships (ID4PD, Tri -States' Most Wanted, Submit a Tip, Crime Stoppers); security cameras 3. Additional security cameras installation and locations 4. Enhanced street lighting and placement guidelines; LED replacements; street lighting inventory; replacement status and future plans 5. Acquisition of challenged properties: guiding documents, management tools and resources; monitoring problem properties; housing accountability by landlords and residents; petition property status 6. Renovation/rehabilitation of residential properties: housing & community devel- opment partners; housing rehab programs; housing revitalization; residential rehab report; Community Housing Initiative (CHI) 7. Communications: relationship to the City's Comprehensive Plan; PSA's, videos, handouts, MyDBQ app; yard lighting incentive program; C. Neighborhood -Based Initiatives 1. Washington Neighborhood redevelopment strategy; market analysis; 2015 business outreach; D. Community Partnerships 1. Inclusive Dubuque, Project HOPE, Grade Level Reading, student re- engagement, Circles Initiative A question/answer period with the City Council followed the presentation. There being no further business, upon motion the City Council adjourned at 6:23 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in reg9ular session at 6:30 p.m. on October 19, 2015 in the Historic Federal Building, 350 W. 6� Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl 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 INTRODUCTIONS Assistant City Manager Cindy Steinhauser introduced two of the four representatives for this year's International City/County Management Association's Fellowship Ex- change Program: Mr. Indra Noviansyah of Indonesia and Mr. Mohamad Shafie Bin Taib of Meleka, Malaysia. PROCLAMATIONS Hunger and Homelessness Awareness Month (November 2015) was accepted by "Lisa" in testimony of her experience at the Maria House, 1561 Jackson St. Mississippi River Cities and Towns Initiative was accepted by Stacey Williams of the Mississippi River Network and Jessica Zimmerman of 1 Mississippi Campaign. Gentlemen Day (October 21, 2015) was accepted by Tara Beck of Waypoint Ser- vices 318 5th St. SE, Cedar Rapids and representatives of Waypoint Services Dubuque. 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: Cable TV Commission of 8/5; City Council Pro- ceedings of 10/5; Civil Service Commission of 9/10; Human Rights Commission of 9/14, 9/16; Library Board of Trustees of 8/18, 8/27; Library Board of Trustees Council Update of 9/24; Zoning Advisory Commission of 10/7; Zoning Board of Adjustment of 9/24; Proof of Publication for City Council Proceedings of 9/21; Proof of Publication for Delin- quent Water, Sewer, Refuse and Stormwater Collection Accounts of 9/18, 9/25. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Joshua Canon for defamation/harassment, Joyce Hammill for personal injury/property damage. Upon motion the documents were re- ceived, 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: Joshua Canon for defamation; Joyce Hammill for personal injury/property damage. Upon motion the documents were received, filed and concurred. 4. 2014 Water Fluoridation Quality Award: Correspondence from Bob Russell of the Iowa Department of Public Health informing the City that the Centers for Disease Con- trol and Prevention has awarded the City of Dubuque's water system with the 2014 Wa- ter Fluoridation Quality Award. Upon motion the documents were received and filed. 5. Sustainable Dubuque Community Grant Recommendations: City Manager recom- mending approval of a grant request from the Sustainable Dubuque Community Grant program. Upon motion the documents were received, filed and approved. 6. Lead Hazard Control Grant Agreement: City Manager recommending approval of a resolution authorizing the Mayor to sign a Lead Hazard Control Grant Agreement with the U.S. Department of Housing and Urban Development for the program performance period beginning November 2, 2015 and ending October 31, 2018. Upon motion the documents were received and filed and Resolution No. 353-15 Authorizing execution of a Lead Hazard Control Grant Agreement with the U.S. Department of Housing and Ur- ban Development was adopted. RESOLUTION NO. 353-15 AUTHORIZING EXECUTION OF A LEAD HAZARD CONTROL GRANT AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Whereas, the U.S. Department of Housing and Urban Development has approved funds in the amount of $3,230,815 for the Lead Hazard Control Program for a thirty-six - month performance period commencing November 2, 2015 and ending October 31, 2018; and Whereas, a grant agreement covering the activities proposed to be carried out with the Lead Hazard Control Grant funds has been transmitted to the City of Dubuque by the U. S. Department of Housing and Urban Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department of Housing and Urban Development beginning November 2, 2015 for a Lead Hazard Control Grant to the City of Dubuque in the amount of $3,230,815 and identified as Grant Number IALHB0604-15 is hereby accepted. Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and directed to execute said Agreements on behalf of the City of Dubuque, Iowa. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk 7. Mississippi River Watershed Report Card: City Manager transmitting information from America's Watershed Initiative regarding the Mississippi River watershed. Upon motion the document was received and filed. 8. Yard Lighting Initiative: City Manager recommending approval of changes to the Yard Lighting Initiative that provides a match to property owners who install either front - yard or rear -yard lighting that improves lighting levels on sidewalks and alleys. Upon motion the documents were received, filed and approved. 9. EB Lyons Recreation Area Expansion Project Acceptance: City Manager recom- mending acceptance of the construction contract for the EB Lyons interpretive Area Ex- pansion Project, as completed by Portzen Construction, Inc. Upon motion the docu- ments were received and filed and Resolution No. 354-15 Accepting the EB Lyons In- terpretive Area Expansion Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 354-15 ACCEPTING THE EB LYONS INTERPRETIVE AREA EXPANSION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the EB Lyons Interpretive Area Ex- pansion Project (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the EB Lyons Expansion fund for the contract amount of $969,020.37 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Asbury Road Pavement Rehabilitation Project Acceptance: City Manager rec- ommending acceptance of the public improvement construction contract for the 2015 Asbury Road Pavement Rehabilitation Project as completed by Iowa Erosion Control, Inc. Upon motion the documents were received and filed and Resolution No. 355-15 Accepting the 2015 Asbury Road Pavement Rehabilitation Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 355-15 ACCEPTING THE 2015 ASBURY ROAD PAVEMENT REHABILITATION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON- TRACTOR Whereas, the Public Improvement Contract for the 2015 Asbury Road Pavement Re- habilitation (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 2015 Asbury Road Pavement Rehabilitation Project (CIP 3002482), for the contract amount of $354,821.83 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi- sions of Iowa Code chapter 573. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Miller Riverview Parking Pad Project Acceptance: City Manager recommending acceptance of the public improvement construction contract for the Miller Riverview Park — Concrete Pads Project, as completed by Midwest Concrete, Inc. Upon motion the documents were received and filed and Resolution No. 356-15 Accepting the Miller Riverview Park - Concrete Pads Project and authorizing the payment to the contractor was adopted. RESOLUTION NO. 356-15 ACCEPTING THE MILLER RIVERVIEW PARK — CONCRETE PADS PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the public improvement contract for the Miller Riverview Park — Concrete Pads Project (the Project) has been completed by the Contractor, Midwest Concrete Inc. (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $41,515.53; and Whereas, the Contractor has previously been paid $39,439.75, leaving a balance of $2,075.78; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor the bal- ance of the retainage of $2,075.78 as provided in Iowa Code chapter 573, and to pay such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. East Central Intergovernmental Association (ECIA) - 5th Amendment to CDBG Grant Administration: City Manager recommending approval of Amendment #5 to East Central Intergovernmental Association's (ECIA) Contract for Administrative Services for the Linseed Oil Building portion of the City's Community Development Block Grant (CDBG) contract #08-DRH-212. Upon motion the documents were received and filed and Resolution No. 357-15 Approving Amendment #5 to the contract with East Central Intergovernmental Association for Grant Administration of CDBG Contract #08-DRH- 212 with the Iowa Economic Development Authority was adopted. RESOLUTION NO. 357-15 APPROVING AMENDMENT #5 TO THE CONTRACT WITH EAST CENTRAL INTER- GOVERNMENTAL ASSOCIATON FOR GRANT ADMINISTRATION OF CDBG CON- TRACT #08-DRH-212 WITH THE IOWA ECONOMIC DEVELOPMENT AUTHORITY Whereas, the City of Dubuque (City) and East Central Intergovernmental Association (ECIA) entered into a Contract for Services (the Contract) for the administration of CDBG Contract #08-DRH-212 (the Grant), as amended; and Whereas, the work necessary to complete the proper administration of the Grant has increased due to unexpected and extended routine investigation from the US Depart- ment of Labor; and Whereas, City and ECIA desire to amend the Contract as set forth in the attached Amendment #5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Amendment #5 to the Contract for Services is hereby approved. Passed, approved, and adopted this 19th day of October 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Grant of Permanent Easement and Agreement - Bus Shelter at St. Mary's Apart- ments: City Manager recommending approval of an Easement Agreement and accept of the Grant of Easement from St. Mary's Apartments of Dubuque, LLC, 2955 Kaufmann Avenue, to facilitate the construction and on-going maintenance of bus shelters at that location. Upon motion the documents were received and filed and Resolution No. 358- 15 Approval of an Agreement and accepting a Grant of Permanent Easement for a bus shelter located at St. Mary's Apartments of Dubuque, 2955 Kaufmann Avenue, in Dubu- que, Iowa, was adopted. RESOLUTION NO. 358-15 APPROVAL OF AN AGREEMENT AND ACCEPTING A GRANT OF PERMANENT EASEMENT FOR A BUS SHELTER LOCATED AT ST. MARY'S APARTMENTS OF DUBUQUE, 2955 KAUFMANN AVENUE, IN DUBUQUE, IOWA Whereas, St. Mary's Apartments of Dubuque, LLC., the property owner of Lot 1-1-2- 1-2-1-3 of St Mary's Place (St. Mary's Apartments), has executed an Easement Agree- ment and granted a Permanent Easement dated October 6, 2015, for a bus shelter over said lot. 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 Easement Agreement and Grant of Permanent Easement for a bus shelter located on a part of Lot 1-1-2-1-2-1-3 of St Mary's Place (St. Mary's Apartments of Dubuque, 2955 Kaufmann Avenue), in the City of Dubuque, Dubuque County, Iowa, 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. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Development Agreement Amendment - 1576-1580 Locust Street / Weaver Cas- tle, LLC: City Manager recommending approval of the First Amendment to Development Agreement with Weaver Castle, LLC which extends the completion date for the rede- velopment of the property at 1576-1578-1580 Locust Street to December 31, 2015. Up- on motion the documents were received and filed and Resolution No. 359-15 Approving the First Amendment to the Development Agreement between the City of Dubuque, Io- wa and Weaver Castle, LLC was adopted. RESOLUTION NO. 359-15 APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) en- tered into a Development Agreement dated for reference purposes the 6th day of April, 2014 for the redevelopment of the property at 1576-1578-1580 Locust Street; and Whereas City and Developer now desire to amend the Development Agreement as set forth in the First Amendment to Development Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the First Amendment to Development Agreement. Section 2. The Mayor is authorized and directed to sign the First Amendment to De- velopment Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 19t day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15. Development Agreement Amendment - 346-348 W. Locust Street / Weaver Cas- tle, LLC: City Manager recommending approval of the Second Amendment to Develop- ment Agreement with Weaver Castle, LLC which extends the completion date for the redevelopment of the property at 346-348 West Locust Street to December 31, 2016. Upon motion the documents were received and filed and Resolution No. 360-15 Ap- proving the Second Amendment to the Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC was adopted. RESOLUTION NO. 360-15 APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) en- tered into a Development Agreement dated for reference purposes the 21st day of Au- gust, 2013 for the redevelopment of the property at 346-348 West Locust Street, which Development Agreement required Developer to complete certain Minimum Improve- ments described therein; and Whereas the First Amendment to Development Agreement, dated the 16th day of March, 2015, extended the substantial completion date of the Minimum Improvements to December31, 2015; and Whereas City and Developer now desire to amend the Development Agreement as set forth in the Second Amendment to Development Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council hereby approves the Second Amendment to Develop- ment Agreement. Section 2. The Mayor is authorized and directed to sign the Second Amendment to Development Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 16. Release of Mortgage - 1500 Radford Road: City Manager recommending ap- proval of a resolution authorizing the Mayor to sign the Release of Real Estate Mort- gage. Upon motion the documents were received and filed and Resolution No. 361-15 Approving a Release of Mortgage by the City of Dubuque, Iowa on the property at 1500 Radford Road owned by Kevin F. Freiburger and Lee Ann Freiburger (Precision Tool & Engineering, Inc.) was adopted. RESOLUTION NO. 361-15 APPROVING A RELEASE OF MORTGAGE BY THE CITY OF DUBUQUE, IOWA ON THE PROPERTY AT 1500 RADFORD ROAD OWNED BY KEVIN F. FREIBURGER AND LEE ANN FREIBURGER (PRECISION TOOL & ENGINEERING, INC.) Whereas, in 1996, the City of Dubuque (City) entered into a Loan Agreement with Precision Tool & Engineering, Inc. (the Company) for the expansion and relocation of the Company to the Dubuque Industrial Center; and Whereas, City agreed to provide Company with a $30,000 Community Development Block Grant (CDBG) low interest loan; and Whereas ECIA Business Growth, Inc. agreed to provide Company with a $92,000 loan; and Whereas, the Loans were secured by a mortgage on the property legally described as Lot 1 of Dubuque Industrial Center 10th Addition, in the City of Dubuque, Iowa, local- ly known as 1500 Radford Road (the Property); and Whereas, the Loans were paid in full in a timely manner; and Whereas ECIA Business Growth, Inc. released its interest in the mortgage on Octo- ber 24, 2007; and Whereas, Company now wishes to sell the Property and has requested a release of the mortgage by City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Release of Mortgage attached hereto is hereby approved. Section 2. The Mayor is authorized and directed to execute the Release of Mortgage on behalf of the City of Dubuque. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Timber Hyrst Subdivision No. 4 - Storm Water Detention Facility and Storm Water Impoundment Easement Acceptance City Manager recommending acceptance of a Grant of Storm Water Detention Facility and Storm Water Impoundment Easement from North Cascade Road Developers LLC as part of the Timber-Hyrst Estates No. 4 over - detention project. Upon motion the documents were received and filed and Resolution No. 362-15 Accepting a Grant of Storm Water Detention Facility and Storm Water Im- poundment Easement through, over and across parts of Lot H, Lot 91, Lot 98 and Lot 99 of Timber-Hyrst Estates No. 4, in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 362-15 ACCEPTING A GRANT OF STORM WATER DETENTION FACILITY AND STORM WATER IMPOUNDMENT EASEMENT THROUGH, OVER AND ACROSS PARTS OF LOT H, LOT 91, LOT 98, AND LOT 99 OF TIMBER-HYRST ESTATES NO. 4, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, North Cascade Road Developers LLC has executed an Easement for Storm Water Detention Facility and Storm Water Impoundment, and Other Appurte- nances through, under and across Parts of Lot H, Lot 91, Lot 98, and Lot 99 of Timber- Hyrst Estates No. 4, 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 2015-00011964. 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 Storm Water Detention Facility and Storm Water Im- poundment Easement through, over and across Parts of Lot H, Lot 91, Lot 98, and Lot 99 of Timber-Hyrst Estates No. 4, 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. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 18. Civil Service Commission: Civil Service Commission submitting the Certified Lists for the positions of Accountant, Equipment Operator I, Equipment Operator II, and Sani- tation Driver. Upon motion the documents were received, filed and made a Matter of Record. September 17, 2015 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Equipment Operator I was administered on August 18, 2015. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. Equipment Operator I 1 Jason DeMaio 2 Alan Sabers 3 Michael Conner 4 Matt Cooper 5 Christopher Kennedy 6 Daniel Sister 7 Jeffrey Leibold 8 Barbara Liska 9 Brian Heim 10 Jordan Thul Respectfully submitted, /s/Dan White, Chairman Civil Service Commission September 17, 2015 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Equipment Operator II was administered on August 13, 2015. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this position should be filled from this list and that this list is good for two (2) years from above date. Equipment Operator!! 1 Gary Valentine 2 Nicholas Wilson 3 Jerome Ben 4 Daniel Mayne 5 Matt Cooper 6 Christian Kloft 7 William Gansen 8 Jeffrey Leibold 9 Barbara Liska 10 Matt Herman Eligible Employees: Dennis Richey Alan Sabers Respectfully submitted, /s/Dan White, Chairman Civil Service Commission September 17, 2015 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Sanitation Driver was administered on July 28, 2015. We hereby certify that the indi- viduals listed below have passed this written examination and the vacancy for this posi- tion should be made from this list and that this list is good for two (2) years from above date. Sanitation Driver 1 Doug Kuehn 2 Dave Weis, 11 3 Todd Kaiser 4 Robert Lenaerts 5 Justin Licht 6 Michael Terry 7 Drew Noel 8 Kevin Ruggles 9 Richard Zeller 10 William Hefei 11 James Healey 12 Nicholas McLaughlin 13 Jordan Thul 14 Dustin Rector 15 Ryan Voss 16 Kristine Blakeman 17 John Doyle 18 Aaron Lincoln 19 Chris Maiden 20 Jason McCann 21 Tim Neuhaus 22 Dale Richardson 23 Shannon Clark 24 Jacob Hedley 25 Dennis Heiderscheit 26 Jacob Freund 27 Nathan Mohr 28 Justin Pergande 29 Brent Volkert 30 Nicholas Ede 31 Anthony McAndrew 32 Daniel Petersen 33 Chris Watters 34 Jeff Boge 35 Dennis Brayton 36 Derek Duehr 37 John Kirk 38 Thomas Pinzger 39 Caleb Schulz 40 James Bernal 41 Adrian Hughes -Colon 42 Jon Lucas 43 Jeffrey Nauman 44 Jacob Trierweiler 45 Aaron Young Eligible Employee: Matt Cooper Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 19. PEG Capital Grant Expenditure Request: City Manager recommending approval of the Cable TV Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities for the City of Dubuque to purchase a new HD on -air playback server and a new on -air graphics bulletin board service. Upon motion the documents were received, filed and approved. 20. Declaration of Official Intent to Reimburse Expenses Relating to Certain Fiscal Year 2016 Bond Projects: City Manager recommending approval of the Declaration of Official Intent Resolution for Fiscal Year 2016 capital projects that are funded by an up- coming bond issuance in February 2016 allowing the City to reimburse itself from bond proceeds for expenditures incurred prior to the actual sale of the bonds. Upon motion the documents were received and filed and Resolution No. 363-15 Declaring an Official Intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain original expenditures paid in connection with the Fiscal Year 2016 Projects was adopt- ed. RESOLUTION NO. 363-15 DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDI- TURES PAID IN CONNECTION WITH THE FISCAL YEAR 2016 PROJECTS Whereas, the City anticipates making cash expenditures for capital improvement pro- jects generally described as Airport New Terminal Roads and Apron, Airport New Ter- minal Parking Phases 1 & 2, Cedar and Terminal Street Force Mains Lift Station As- sessment and Improvements, Relocation of 30" Force Main around Old Public Works Garage, Sanitary Sewer Lining Program, Sanitary Sewer Manhole Replacement Pro- gram, Street Program Related Sanitary Improvements, Track Line Sanitary Sewer Cleaning and Lining, Washington Street Sanitary Sewer — 7th to 9th Street, Catfish Creek Interceptor Sewer, Granger Creek Interceptor Sewer, and Catfish Creek Force Main and Lift Station Improvements, Transit Soil Contamination Testing, Water Airport Utility Extension — Radio/SCADA System, Water Main Relocation for Sanitary Sewer Manhole Replacement/Rehabilitation Project, Outfall Manhole Reconstruction, and Fats Oil and Grease Receiving Station Project (hereinafter referred to as the "Projects"); and Whereas, the City reasonably expects to issue debt to reimburse the costs of the Projects; and Whereas, the Council believes it is consistent with the City's budgetary and financial circumstances to issue this declaration of official intent. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Resolution be and does hereby serve as a declaration of official intent under Treasury Regulation 1.150-2. Section 2. That it is reasonably expected that capital expenditures will be made in re- spect of the Projects, from time to time and in such amounts as this Council determines to be necessary or desirable under the circumstances then and there existing, and this Council reasonably expects to reimburse all or a portion of such expenditures with the proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in the future. Section 3. That the total estimated costs of the Projects, the maximum principal amount of the bonds, notes or other indebtedness to be issued for the foregoing Pro- jects and the estimated date of completion of the Projects is reasonably expected to be as follows: Project Funds from which Original expenditures are to be Ad- vanced Total Estimated Cost Amount of Borrowing Anticipated Estimated Date of Completion Airport Roads& Apron Sales Tax Fund $231,086 $231,086 June 2016 Airport Parking Phas- es 1 &2 Sales Tax Fund $394,243 $394,243 June 2016 Cedar & Terminal St. Sanitary Fund $250,000 $250,000 December 2016 Force Mains Lift Sta- tion Assessment & Improv. Relocation of 30" Force Main Sanitary Fund $350,000 $350,000 December 2016 Sanitary Sewer Lining Program Sanitary Fund $525,000 $525,000 March 2016 Sanitary Sewer Man- hole Replacement Program Sanitary Fund $295,000 $295,000 May 2016 Project Funds from which Original expenditures are to be Ad- vanced Total Es- timated Cost Amount of Borrowing Anticipated Estimated Date of Completion Street Program Relat- ed Sanitary Improve- ments Sanitary Fund $50,000 $50,000 July 2016 Track Line Sanitary Sewer Cleaning & Lin- ing Sanitary Fund $125,000 $125,000 June 2016 Washington Street Sanitary Sewer 7th to 9th Sanitary Fund $135,000 $135,000 December 2016 Catfish Creek, Granger Creek Inter- Sanitary Fund $250,000 $250,000 March 2016 ceptor Sewer, & Cat- fish Creek Force Main & Lift Station Transit Soil Contami- nation Testing Greater Down- town TIF Fund $15,949 $15,949 December 2015 Water Airport Utility Ext. Radio/SCADA Water Fund $65,000 $65,000 April 2016 Water Main Reloca- tion For Sanitary Sewer Manhole Replacement /Rehabilitation Water Fund $20,000 $20,000 December 2015 Outfall Manhole Re- construction Sanitary Fund $315,000 $315,000 December 2016 Fats Oil and Grease Receiving Station Sanitary Fund $75,000 $75,000 December 2016 Section 4. That the City reasonably expects to reimburse the above-mentioned Pro- ject costs not later than the later of eighteen months after the capital expenditures are paid or eighteen months after the property is placed in service. Section 5. That this Resolution be maintained by the City Clerk and available at all times for public inspection, subject to such revisions as may be necessary. Passed and approved this 19th day of October, 2015. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 21. Canadian Pacific Railroad Tip Towers Installation: Communication from Canadian Pacific Railroad advising the City of its plan to install five, 40 -foot tip towers within the railroad's right-of-way inside the City limits. Upon motion the document was received, filed and referred to Planning Services. 22. Pre -Annexation Agreement - Spiegel Family Realty Company Iowa, LLC: City Manager recommending approval of the Spiegel Family Realty Company Iowa, LLC Pre -Annexation Agreement in conjunction with the request for approval of the Final Plat of Silver Oaks No. 2 in Dubuque County. Upon motion the documents were received and filed and Resolution No. 364-15 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa, and Spiegel Family Realty Company Iowa, LLC was adopt- ed. RESOLUTION NO. 364-15 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND SPIEGEL FAMILY REALTY COMPANY IOWA, LLC. Whereas, Spiegel Family Realty Company Iowa, LLC, the owner of the following de- scribed property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: The North 1,010 feet, except the East 660 feet thereof, of the NW % of the NE 1/4 of Section 26, T88N, R2E of the 5th PM of Dubuque County, Iowa, excluding the part thereof conveyed to the State of Iowa by Warranty Deed for highway purpos- es recorded in Book of Lands No. 57 Pages 499 & 500, and as shown on the Plat thereof, in Book of Plats No. 34, Page 335, and in Instrument No. 979-1995, Dubuque County Records; and Whereas, Spiegel Family Realty Company Iowa LLC, has entered into a Pre- annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Spiegel Family Realty Company Iowa, LLC and the City of Dubuque is hereby approved. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 23. Parking Division Position Reclassification: City Manager recommending approval to create one additional Parking System Technician and eliminating one Parking Meter Service -worker I position in the Parking Division. Upon motion the documents were re- ceived, filed and approved. 24. Alcohol and Tobacco License Applications: City Manager recommending approv- al of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo- tion the documents were received and filed and Resolution No. 365-15 Approving appli- cations 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; and Resolution No. 366-15 Approving applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Io- wa Code 453A.47A were adopted. RESOLUTION NO. 365-15 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 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 Ordinanc- es. 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: Dog House Lounge 16469 Asbury Rd. Class C Liquor (Outdoor) (Sunday) Kwik Stop 1200 Cedar Cross Rd. Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Target 3500 Dodge St. Class E Liquor, Class B Wine, Class C Beer (Sunday) Passed, approved and adopted this 19th day of October, 2015. Attest: Kevin S. Firnstahl, City Clerk Roy D. Buol, Mayor RESOLUTION NO. 366-15 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NIC- OTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and 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 following named applicants and locations for cigarette/tobacco sales permit. The Altered State 1533 Central Ave. Passed, approved and adopted this 19th day of October, 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. Bee Branch Creek Basin Overlook and 22nd Street Parking Lot Project: City Man- ager recommending approval of the plans, specifications, form of contract and the esti- mated cost for the Bee Branch Creek — Basin Overlook and 22nd Street Parking Lot Pro- ject and setting November 2, 2015 as the date for public hearing. Upon motion the doc- uments were received and filed and Resolution No. 367-15 Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project, Iowa DOT Project NO. TAP -U-2100(683)-- 81-31 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 2, 2015 in the Historic Federal Building. RESOLUTION NO. 367-15 BEE BRANCH CREEK — BASIN OVERLOOK & 22ND STREET PARKING LOT PRO- JECT, IOWA DOT PROJECT NO. TAP -U -2100(683)--8I-31 PRELIMINARY APPROV- AL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The proposed plans, specifications, form of contract and estimated cost for the Bee Branch Creek — Basin Overlook & 22nd Street Parking Lot Project, Iowa DOT Project No. TAP -U-2100(683)--81-31, in the estimated amount of $1,554,402.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. Section 2. A public hearing will be held on the 2nd day of November, 2015, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa at which time interested persons may appear and be heard for or against the proposed 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 Tess 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, specifica- tions, form of contract, or estimated cost of the Project. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buo1, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Sale of Property - 767 University Avenue: City Manager recommending setting a public hearing for November 2, 2015 on the proposed sale of the City lot located at 767 University Avenue to Habitat for Humanity. Upon motion the documents were received and filed and Resolution No. 368-15 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on No- vember 2, 2015 in the Historic Federal Building. RESOLUTION NO. 368-15 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLI- CATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of 767 University Avenue (the Property) legally described as: Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubuque, 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, Io- wa, according to the recorded plat thereof the City of Dubuque, Iowa; and Whereas, City was gifted this property/lot from Wells Fargo Bank in September 2014, along with $20,000 to be used toward the cost of deconstruction or renovation of a va- cant duplex on site. Due to the overall poor condition of the structure and significant damage cause by termites and water infiltration issue it was determined to move for- ward with deconstruction; and Whereas, City has met with Habitat for Humanity who agreed to purchase the lots for $1 and construct a single family owner occupied dwelling on the site; and Whereas, conveying the lots to Habitat for Humanity will meet one our most important goals and priorities in developing and creating single family homeownership opportuni- ties for low -moderate income families; and Whereas, City desires to hold the required public hearing and conveyance of the Properties to Habitat to Humanity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the fol- lowing legally described property: Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubuque, 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, Io- wa, according to the recorded plat thereof the City of Dubuque, Iowa Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the Property to Habitat for Humanity for the sum of $1. Section 3. That the City Clerk hereby authorized and directed to cause this Resolu- tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the Property to be held on the 2nd day of No- vember, 2015. At 6:30 o'clock p.m. at the Historic Federal building, 350 West 6t Street, Dubuque, Iowa. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Sale of Property - 1849 Jackson Street: City Manager recommending setting a public hearing for November 2, 2015 on the proposed sale of a lot located at 1849 Jackson Street to Community Housing Initiatives. Upon motion the documents were re- ceived and filed and Resolution No. 369-15 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publica- tion of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November 2, 2015 in the Historic Federal Building. RESOLUTION NO. 369-15 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLI- CATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of 1849 Jackson (the Proper- ty) legally described as: North YZ of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according to the United States Commissioners Map thereof; and Whereas, City acquired the Property for the purpose of its restoration and re -sale for owner -occupied housing in the Washington Neighborhood; and Whereas, City and Community Housing Initiatives (CHI) entered into an Agreement pursuant to which City will convey the Property to CHI and CHI will rehabilitate the Property consistent with the Washington Neighborhood Revitalization Strategy as ap- proved by the City Council; and Whereas, conveying the Property to CHI is consistent with both the Washington Neighborhood Revitalization Strategy and the City's intent for this specific property; and Whereas, City desires to hold the required public hearing and conveyance of the Property to CHI. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the fol- lowing legally described property: North YZ of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according to the United States Commissioners Map thereof. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the Property to CHI for the sum of one dollar ($1.00). Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu- tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the Property to be held on the 2nd day of No- vember, 2015 at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6tn Street, Dubuque, Iowa. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. 1. University of Dubuque Institutional District ID Amendment: Proof of publication on notice of public hearing to consider a request by the University of Dubuque to amend ID Institutional District to construct an addition to Mercer Birmingham Hall on the McCor- mick Street Extension and the Zoning Advisory Commission recommending approval. Mayor Buol stated he is an employee of the University of Dubuque and that after con- sulting with the City Attorney, there is no conflict of interest with this item. Motion by Jones to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Keith Wipper- furth, Director of Construction Management for the University of Dubuque, described the project and spoke in favor of the request. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 63-15 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval of an Amended Campus Development Plan for the University of Dubuque to allow construction of an addition to Mercer Birmingham Hall. Seconded by Lynch. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 63-15 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE UNIVERSITY OF DUBUQUE TO ALLOW CONSTRUCTION OF AN ADDITION TO MERCER BIRMINGHAM HALL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, be amended by providing for the approval of an amended campus devel- opment plan for the University of Dubuque ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department. Section 2. Institutional District Regulations. A. Use Regulations: The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Offices for administrative personnel or other institutional employees and affiliates. b. Churches, libraries, and museums. c. Classrooms, laboratories, lecture halls, and similar places of institutional assembly. d. Off-street parking and loading. e. Recreational or athletic facilities for the primary use and benefit of institu- tional residents or affiliates. f. Single -family, two-family or multi-family dwellings for the housing of institu- tional residents or affiliates. 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional District. a. Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residential District. b. All uses customarily incidental to the principal permitted uses in conjunc- tion with which such accessory uses operated or maintained, but not to in- clude commercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations: Development of land in the ID Institutional District shall be regulated as follows: The proposed Mercer Birmingham building addition shall be constructed in sub- stantial conformance with the attached amended campus development plan. C. Performance Standards: The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 5-22 of the Unified Development Code and the following standards: 1. The storm water control shall be designed and built in accordance with City Regulations subject to review and approval by the City of Dubuque Engineering Department. 2. That appropriate erosion and sediment control will be installed prior to com- mencement of any land disturbing activity related to the subject project, includ- ing all required state and city permits related to erosion control. 3. New outdoor lighting shall utilize 72-degree cut-off luminaries. 4. Landscaping shall be provided in compliance with Article 13 of the Unified Development Code. 5. All utilities, including telephone and cable television, shall be installed under- ground. 6. Final site plans shall be submitted in accordance with Articles 12 and 13 of the Unified Development Code. D. Parking Requirements: The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be regulated as follows. Any significant expansion or reduction in the number of off-street park- ing spaces must be reviewed by Planning Services staff for compliance with the adopted Institutional District regulations. E. Sign Regulations: The sign regulations shall be the same as that which are al- lowed in the ID Institutional District as established in Article 15 of the Unified De- velopment Code. F. Additional Standards: That all previously approved campus development plans are hereby amended to allow for the attached campus development plan. G. Transfer of Ownership: Transfer of ownership of property in this ID Institutional District requires rezoning of the property to an appropriate zoning district. H. Modifications: Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 19th day of October, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of October, 2015. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone - 3507 Keystone Drive: Proof of publication on notice of public hearing to consider a by Jason and Kim Meyer to rezone property located at 3507 Key- stone Drive from R-1 Single -Family Residential District to R-3 Moderate Density Multi - Family Residential District and the Zoning Advisory Commission recommending: 1) De- nial of the R-3 Moderate Density Multi -Family Residential District; and 2) Approval of the R-2 Two -Family Residential District. Motion by Connors to concur with the denial of a proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassi- fying hereinafter described property located at 3507 Keystone Drive from R-1 Single - Family Residential District to R-3 Moderate Density Multi -Family District. Seconded by Lynch. Jason Meyer, 3507 Keystone Drive, explained that they are no longer requesting the R3 rezoning and only requesting the R2 rezoning for development of a duplex. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Connors 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 Jones. Mo- tion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 64-15 Amending Title 16 of the City of Dubuque Code Of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 3507 Keystone Drive from R-1 Single -Family Residential District to R-2 Two -Multi -Family Residential District. Seconded by Jones. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 64-15 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3507 KEYSTONE DRIVE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO -MULTI -FAMILY RESIDENTIAL DISTRIC NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter—described property from R-1 Single -Family Residential District to R-2 Two -Family Residential District, to wit: Lot 1 and Lot 2 Block 12 Key Knolls Subdivision and Lot 2-2-1-1-1-1-1-1-1 of NW 1/4 SE 1/4 of Section 21 T89N R2E, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 19th day of October, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of October, 2015. /s/Kevin S. Firnstahl, City Clerk 3. Request to Rezone - 1660, 1670 and 1690 University Avenue: Proof of publication on notice of public hearing to consider a request by Thomas Tiefenthaler to rezone property located at 1660, 1670, and 1690 University Avenue from R-2 Two -Family Res- idential District to C-2 Neighborhood Shopping Center District and the Zoning Advisory Commission recommending approval. Motion by Connors to receive and file the docu- ments 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 Braig. Developer Tom Tiefenthaler, 1107 Scenic Hill Lane, DeWitt, described the project and responded to questions related to parking, security, curb cuts, and business traffic that might impact the area. Planning Services Manager Laura Carstens provided a staff report and will check on whether or not the properties being purchased for the project and eventual demolition are considered "challenged" properties. Police Chief Mark Dalsing addressed police calls for service as they relate to the nearby bus stop impacted by pedestrian traffic to/from Washington Middle School. Anthony Blum, owner of 1660 University Ave., spoke in support of the request citing the inability to sustain rental properties in the area. Diane Troester, 1789 University Ave.; Jeff Klauer, 1705 Delhi St.; and Attorney Keith Bibelhausen, 225 Hidden Oaks Ct., rep- resenting Dick Hartig, Hartig Drug Co., spoke in opposition to the request citing the im- pact of on -street parking, pedestrian safety issues, and the uncertainty of future round- about development at this intersection. Ms. Carstens clarified the requirement for a su- per majority vote by Council due to the percentage of written opposition received. Mo- tion carried 6-1 with Lynch voting nay. Motion by Connors for final consideration and passage of Ordinance No. 65-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1660, 1670, and 1690 University Avenue From R-2 Two -Family Residential District to C-2 Neighborhood Shopping Center District. Seconded by Braig. Motion carried 6-1 with Lynch voting nay. OFFICIAL PUBLICATION ORDINANCE NO. 65-15 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1660, 1670, AND 1690 UNIVERSITY AVENUE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CEN- TER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter—described property from R-2 Two -Family Residential District to C-2 Neighborhood Office Commercial Dis- trict, to wit: Lot 17, 18, and 19 of Morheiser's Subdivision, and to the centerline of the adjoin- ing public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 19th day of October, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of October, 2015. /s/Kevin S. Firnstahl, City Clerk 4. Request to Vacate - Sanitary Sewer Easement 3045 Indiana Court: Proof of publi- cation on notice of public hearing to consider disposal of a sanitary sewer easement across Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque, 3045 Indiana Court, and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 370-15 Disposing of City interest in a portion of a Sanitary Sewer Easement over and across Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 370-15 DISPOSING OF CITY INTEREST IN A PORTION OF A SANITARY SEWER EASE- MENT OVER AND ACROSS LOT 1 OF INDIANA SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 25th day of September, 2015, the City Council of the City of Dubuque, Iowa met on the 19th day of October, 2015, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City interest in a portion of a sanitary sewer easement over and across real estate as shown on the attached exhibit labelled "Easement Vacate Exhibit" and described as: Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to dispose of City interest in said easement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the release of City of Dubuque interest in a portion of the sanitary sewer easement across said Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque, Iowa, to Eric M. Bakken. Section 2. That the Mayor be authorized and directed to execute a Release of Ease- ment, and the City Clerk be and is hereby authorized and directed to deliver said Re- lease to Eric M. Bakken. Section 3. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution and Release of Easement in the offices of the City As- sessor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Sewershed 7 & 10 Manhole Replacement Project: Proof of publication on notice of public hearing to consider approval of plan, specifications, form of contract, and esti- mated cost for the Sewershed 7 &10 Manhole Replacement project and the City Man- ager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 371-15 Approval of plans, specifications, form of contract, and es- timated cost for the 2015 Sewershed 7 & 10 Manhole Replacement Project. Seconded by Resnick. Motion carried 7-0. RESOLUTION NO. 371-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE 2015 SEWERSHED 7 & 10 MANHOLE REPLACEMENT PRO- JECT 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 2015 Sewershed 7 & 10 Manhole Replacement Project, in the estimated amount $142,591.50, are hereby approved. Passed, adopted and approved this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Greater Downtown Urban Renewal District - Urban Renewal Plan Amendment: Proof of publication on notice of public hearing to consider an amendment to the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 372-15 Approving the Amended and Re- stated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Second- ed by Connors. Motion carried 7-0. RESOLUTION NO. 372-15 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, by Resolution 324-15 on September 21, 2015 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Re- newal Plan (the "Amended and Restated Plan") for the Greater Downtown Urban Re- newal District (the "District"); and Whereas, the City of Dubuque's primary objective for the Amended and Restated Plan is to provide opportunities which will further economic development purposes and objectives as described in the Plan in the District; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recom- mended changes to the Amended and Restated Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed Amended and Restated Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, on file in the City Clerk's Office and made reference to herein, 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 in the office of the Dubuque County Recorder. Passed, approved and adopted this 19th day of October, 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. Bunker Hill Irrigation Project Phase 2 Award: City Manager recommending award of the contract for the Bunker Hill Irrigation Replacement Project Phase 2 to the low bid- der Leibold Irrigation, Inc. Motion by Connors to receive and file the documents and adopt Resolution No. 373-15 Awarding the public improvement contract for the Bunker Hill Golf Course Irrigation Project Phase 2. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 373-15 AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE BUNKER HILL GOLF COURSE IRRIGATION PROJECT PHASE 2 Whereas, sealed proposals have been submitted by contractors for the Bunker Hill Golf Course Irrigation Project Phase 2 (the Project) pursuant to Resolution No. 306-15 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 11th day of September, 2015.Whereas, said sealed proposals were opened and read on the 28th day of September, 2015 and it has been determined that Leibold Irriga- tion, Inc. of East Dubuque, IL, with a bid in the amount of $197,600.00, is the lowest re- sponsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to Leibold Irri- gation Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 19th day of October, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Code of Ordinances Amendment - Title 2 Civic Center Commission: City Manager recommending approval of an ordinance which adds a new Title 2, Chapter 4, which es- tablishes the Civic Center Advisory Commission and provides for the powers, operation, membership and meetings. 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 Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 66-15 Amend- ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions by repealing Chapter 4 Civic Center Advisory Commission and adopting a new Chapter 4 Civic Cen- ter Advisory Commission in lieu thereof establishing the Civic Center Advisory Commis- sion and providing for the powers, operations, membership and meetings. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 66-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS BY REPEALING CHAPTER 4 CIVIC CENTER ADVISORY COMMIS- SION AND ADOPTING A NEW CHAPTER 4 CIVIC CENTER ADVISORY COMMIS- SION IN LIEU THEREOF ESTABLISHING THE CIVIC CENTER ADVISORY COM- MISSION AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 4 of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: Chapter 4 CIVIC CENTER ADVISORY COMMISSION 2-4-1: Commission Created: There is hereby created the Civic Center Advisory Commission. 2-4-2: Purpose: The purpose of the commission is to advise the Leisure Services Department, the city manager, and the city council and to make recommendations to the optimum utilization of the Civic Center facility by the widest possible range of users and uses to respond to community needs and demands at the least possible cost to the city. 2-4-3: Internal Organization and Rules: The commission may adopt rules and regula- tions to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. 2-4-4: Procedures for Operation: All administrative, personnel, accounting, budget- ary, and procurement policies of the city govern the commission in all its operations. 2-4-5: Membership: A. The commission comprises five (5) residents of the city, appointed by the city council. B. Residents must be eighteen (18) years of age or older. 2-4-6: Oath: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the ap- pointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. 2-4-7: Terms: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. 2-4-8: Vacancies: Vacancies must be filled in the same manner as original appoint- ments. 2-4-9: Officers/Organization: The commissioners must choose annually a chairperson and vice -chairperson, each to serve a term of one (1) year. The chairperson must ap- point a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer's unexpired term. 2-4-10: Meetings: A. Regular Meetings. The commission must meet quarterly. B. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. D. Attendance. 1. In the event a commissioner has been absent for three (3) or more consecu- tive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes. A copy of the minutes of all regular and special meetings of the com- mission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is lat- e r. F. Quorum. Three (3) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and vot- ing is necessary for the adoption of any motion or resolution. 2-4-11: Compensation: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on offi- cial commission business within the limits established in the city administrative policies and budget. 2-4-12: Removal: Except as provided in 2-4-10(D)(1), the city council may remove any commissioner for good cause. 2-4-13: Powers: The commission has the following powers, duties, and responsibili- ties: A. Provide the city council with recommendations that further the general and spe- cific purposes of the commission. B. Recommend the development of financial and other resources to support the short- and long-term capital needs of the Civic Center facility and its programs. C. Recommend programs to provide a variety of year round intellectual, cultural, enjoyable, and attractive leisure time activities which contribute to the physical and mental well-being of residents and visitors. D. Recommend programs which contribute to the economic base of the communi- ty by encouraging business use of the Civic Center facility. E. Recommend schedules of fees and charges for special building services, equipment, special building features, and rental rates. F. Recommend informational and promotional programs to secure the full support and participation of the community. G. Recommend the annual operating budget and an ongoing capital improve- ments budget that provides a safe, secure, sanitary, clean, and attractive facility. H. Recommend development of community partnerships related to tourism for op- timum utilization of the Civic Center facility. 2-4-14: Solicitation and Acceptance of Donations: The commission may solicit dona- tions and gifts of money, personal and real property, and personal services, which must be donated or gifted to the City of Dubuque, for the general support of the Civic Center unless such donations or gifts are designated by the donor for a specific purpose. Section 2. Nothing herein effects the term of any person serving as a commissioner as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 19th day of October, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of October, 2015. /s/Kevin S. Firnstahl, City Clerk 3. Code of Ordinances Amendment - Title 2 Housing Commission: City Manager rec- ommending approval of an ordinance which adds a new Title 2, Chapter 5, Article B which establishes the Housing Commission and provides for the powers, operation, membership and meetings. 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 Connors. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 67-15 Amend- ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5 Housing Agency and Community Development Commissions by repealing Article B Housing Commission and adopting a new Article B Housing Commission in lieu thereof establishing the Housing Commission and providing for the powers, operation, mem- bership, and meetings. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 67-15 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOP- MENT COMMISSIONS BY REPEALING ARTICLE B HOUSING COMMISSION AND ADOPTING A NEW ARTICLE B HOUSING COMMISSION IN LIEU THEREOF ES- TABLISHING THE HOUSING COMMISSION AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 2, Chapter 5, Article B of the City of Dubuque Code of Ordinances is hereby repealed and the following adopted in lieu thereof: ARTICLE B HOUSING COMMISSION 2-5B-1: Commission Created: There is hereby created the Housing Commission. 2-5B-2: Purpose: The purpose of the commission is to undertake and carry out stud- ies and analysis of housing needs and the meeting of such needs; to recommend pro- posed projects in the area of low- and moderate -income housing for the citizens of the city; to monitor the city's housing programs; and to conduct grievances regarding the Rental Assistance Program, except in the area of Housing Code enforcement. 2-5B-3: Internal Organization and Rules: The commission may adopt rules and regu- lations to govern its organizational procedures as may be necessary and which are not in conflict with this Code of Ordinances or the Iowa Code. 2-5B-4: Procedures for Operation: All administrative, personnel, accounting, budget- ary, and procurement policies of the city govern the commission in all its operations. 2-5B-5: Membership: A. The commission comprises ten (10) residents of the city. B. Residents must be eighteen (18) years of age or older. C. Special Qualifications. 1. At least three (3) members must be selected specifically on the basis of ex- perience in real estate development, banking, finance, accounting, funds man- agement, or other related areas of expertise. 2. One (1) member must be a person who is a recipient of tenant based rental assistance under Section 8 of the United States Housing Act of 1937 whose name appears on a lease of Section 8 property. If such member ceases to be a recipient of rental assistance under Section 8, the term of such member is deemed terminated and a new member who meets the requirements of this Subsection must be appointed for the remainder of the term. 3. One (1) member must be appointed by the commission, with city council ap- proval, to serve on the Community Development Advisory Commission. 4. Three (3) members must be appointed by the commission, with city council approval, to serve on the Housing Trust Fund Advisory Commission. 5. The remaining members are at -large members. 2-5B-6: Oath: Each person, upon appointment or reappointment to the commission, must execute an oath of office at the first meeting of the commission following the ap- pointment or reappointment or at the city clerk's office any time prior to the first meeting of the commission. 2-5B-7: Terms: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. The terms of the cross- representative appointees to the Community Development Advisory Commission and the Housing Trust Fund Advisory Commission must coincide with their terms on the Housing Commission. 2-5B-8: Vacancies: Vacancies must be filled in the same manner as original ap- pointments. 2-5B-9: Officers/Organization: The commissioners must choose annually a chairper- son and vice-chairperson, each to serve a term of one (1) year. The chairperson must appoint a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among its officers for the remainder of the officer's unexpired term. 2-5B-10: Meetings: A. Regular Meetings. The commission must meet monthly. B. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. C. Open Meetings. All meetings must be called and held in conformance with the Iowa Open Meetings Law. D. Attendance. 1. In the event a commissioner has been absent for three (3) or more consecu- tive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes. A copy of the minutes of all regular and special meetings of the com- mission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is lat- e r. F. Quorum. Six (6) commissioners constitute a quorum for the transaction of busi- ness. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. 2-5B-11: Compensation: Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on offi- cial commission business within the limits established in the city administrative policies and budget. 2-5B-12: Removal: Except as provided in 2-5B-10(D)(1), the city council may remove any commissioner for good cause. 2-5B-13: Powers: The commission has the following powers, duties, and responsibili- ties: A. To contribute as appropriate in the planning, coordinating, and review of hous- ing development; B. To conduct public hearings to ensure meaningful citizen input in the planning, implementation, and assessment of the city's housing programs; C. To provide for and encourage the participation of low and moderate income persons in the planning, implementation, and assessment of housing programs; D. To provide input into the community planning process and to assist in accom- plishing a coordinated and consistent housing development program of the city in accordance with present and future housing needs; E. To request and review ongoing surveys assessing housing needs and identify- ing future community housing needs, particularly the needs of persons of low and moderate income; F. To support the efforts of the city council and other city commissions in the as- sessment of the general housing needs of the community; G. To undertake from time to time other specific ongoing housing planning which may be referred to it by the city council; H. To research and recommend to the city council policies and programs facilitat- ing the development of affordable housing; I. To undertake public information efforts to educate citizens of the availability of federal, state, and locally funded housing assistance programs; J. To assist in the preparation of the housing element of the city comprehensive plan and the annual consolidated plan; K. To offer comment, as appropriate, on the consistency of proposed housing de- velopment with the comprehensive plan, consolidated plan, and existing city hous- ing strategies; and L. Undertake such additional duties, with regard to the Housing Trust Fund, as are specified in this Code. 2-5B-14: Project Approval: Any proposed low rent housing project is subject to the approval of the city council and any project requiring a referendum as provided in the Iowa Code must be submitted to the voters of the city in accordance with the Iowa Code. 2-5B-15: Monitor Housing Program; Conduct Hearings on Grievances: The commis- sion monitors the city's housing program and conducts hearings on grievances arising out of the operation of such program with the exception of Housing Code enforcement which is handled by the Housing Code Appeals Board. Section 2. Nothing herein effects the term of any person serving as a commissioner as of the effective date of this Ordinance. Section 3. This Ordinance takes effect upon publication. Passed, approved, and adopted the 19th day of October, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of October, 2015. /s/Kevin S. Firnstahl, City Clerk 4. National League of Cities Voting Delegates: Correspondence from the National League of Cities requesting that the City designate a voting delegate and alternate vot- ing delegate for the upcoming National League of Cities Annual Business meeting on November 7, 2015. Motion by Connors to receive and file the documents and appoint Council Member Lynn Sutton as the voting delegate. Seconded by Jones. Motion car- ried 7-0. COUNCIL MEMBER REPORTS Council Member Ric Jones reported on NICC's recent open house for their Additive Advanced Manufacturing Prototype facility/3D printing and the implications to city gov- ernment and economic development. PUBLIC INPUT Dan Boots, 2080 Roosevelt St., requested information on the Affirmatively Furthering Fair Housing program and the impact on property taxes and city services. City Manager Van Milligen stated that he is drafting a response to Mr. Boots. There being no further business, upon motion the City Council adjourned at 8:28 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk