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2 1 16 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 February 1, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; 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 Community Engagement. WORK SESSION COMMUNITY ENGAGEMENT Human Rights Director Kelly Larson, Community Engagement Coordinator Nikola Pavelic, Community Development Specialist Jerelyn O'Connor, and Sustainable Com- munity Coordinator Cori Burbach presented a progress report on planning, implement- ing and evaluating staff's community engagement work and gathered City Council input on the progress. Topics included • Word Definitions: governance, community engagement, community engagement fo- cus area, community engagement type • Work done: team, audience, goals, risk, communication • Project Updates • Reminder of the community engagement planning • Explanation of community engagement evaluation proposal • Overview of 2 recently finished community engagement projects: Budget Communi- ty Engagement; Health Improvement Plan • Resilient Community Advisory Commission update • Developing a Community Engagement Action Plan • Value to residents The City Council had a question/answer period with staff during which it was sug- gested that a database be developed to include persons who have inquired with the city about a specific topic and invite them to a future session related to that topic. There being no further business, upon motion the City Council adjourned at 6:05 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 1 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 1, 2016 in the Historic Federal Building, 350 W. 6tn Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; 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 CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 1/19; Sister City Re- lationships Advisory Commission of 1/20; Proof of Publication for City Council Proceed- ings of 1/4. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Charles Jacobs for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Charles Jacobs for vehicle damage. Upon motion the documents were received, filed and concurred. 4. Arts and Cultural Affairs Operating Support and Special Projects Grant Program Modifications: City Manager recommending several modifications to the Operating Sup- port and Special Projects Grant programs offered through the Arts and Cultural Affairs Advisory Commission. Upon motion the documents were received, filed and approved. 5. Sustainable Dubuque Community Grant Recommendations: City Manager recom- mending approval of five grant requests from the Sustainable Dubuque Community Grant program. Upon motion the documents were received, filed and approved. 6. Roasting Solutions, LLC - Accepting Grant of Temporary Easements: City Manag- er recommending acceptance of a Grant of Temporary Easements for Sanitary Sewer Utility Construction under and across the site that Roasting Solutions, LLC purchased in 2 Dubuque Industrial Center South. Upon motion the documents were received and filed and Resolution No. 25-16 Accepting a Grant of Temporary Easements for Sanitary Sewer Utility Construction through, under and across part of Lot 1 of Dubuque Industrial Center South Second Addition in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 25-16 ACCEPTING A GRANT OF TEMPORARY EASEMENTS FOR SANITARY SEWER UTILITY CONSTRUCTION THROUGH, UNDER AND ACROSS PART OF LOT 1 OF DUBUQUE INDUSTRIAL CENTER SOUTH SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, Roasting Solutions, LLC and the City of Dubuque, Iowa entered into a De- velopment Agreement dated for reference purposes the 14th day of January, 2016; and Whereas, Roasting Solutions, LLC has executed a Temporary Easement for Sanitary Sewer Utility Construction, a copy of which is attached hereto, through, under and across the following described real estate situated in Dubuque, Iowa, to wit: Lot 1 of Dubuque Industrial Center South Second Addition in the City of Dubuque, Iowa 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 Temporary Easements for Sanitary Sewer Utility Construction 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 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Economic Development Administration (EDA) Technical Assistance Program: City Manager transmitting a letter of support for the East Central Intergovernmental Associa- tion (ECIA) and Blackhawk Hills Council of Governments application to the Economic Development Administration's (EDA) Technical Assistance program to complete a com- prehensive freight study in an eight -county region in Illinois and Iowa. Upon motion the documents were received and filed. 8. Pre -Annexation Agreement - John & Gayle Hancock: City Manager recommending approval of a Pre -Annexation Agreement with John F. and Gayle M. Hancock, property owners in the Twin Ridge Subdivision. Upon motion the documents were received and filed and Resolution No. 26-16 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and John F. and Gayle M. Hancock was adopted. RESOLUTION NO. 26-16 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND JOHN F. AND GAYLE M. HANCOCK Whereas, John F. and Gayle M. Hancock, the owners of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of 3 the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 13 Block 1 Twin Ridge Subdivision No. 3, Dubuque County, Iowa Whereas, John F. and Gayle M. Hancock, have 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 John F. and Gayle M. Hancock and the City of Dubuque is hereby approved. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Hartig III, LLC to Hartig IV, LLC Assignment: City Manager recommending approv- al of the Assignment of Development Agreement and Consent to Transfer for Hartig III, LLC to Hartig IV, LLC related to property at 703 Main Street. Upon motion the docu- ments were received and filed and Resolution No. 27-16 Approving the Assignment of Development Agreement and Consent to Transfer between the City of Dubuque, Iowa, Hartig Realty III, LLC and Hartig Realty IV, LLC was adopted. RESOLUTION NO. 27-16 APPROVING THE ASSIGNMENT OF DEVELOPMENT AGREEMENT AND CON- SENT TO TRANSFER BETWEEN THE CITY OF DUBUQUE, IOWA, HARTIG REAL- TY III, LLC, AND HARTIG REALTY IV, LLC Whereas, the City of Dubuque, Iowa entered into a Development Agreement with Hartig Realty III, LLC dated September 21, 2006; and Whereas, Hartig Realty III, LLC assigned its rights and responsibilities under the De- velopment Agreement and deeded the property bound by the Development Agreement to Hartig Realty IV, LLC on December 22, 2015; and Whereas, Hartig Realty III, LLC has requested approval of its Assignment of the De- velopment Agreement and Consent to Transfer, as allowed in Section 4.10 of the De- velopment Agreement; and Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should consent to the assignment and transfer. 4 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque hereby approves the Assignment of Development Agreement and Consent to Transfer, a copy of which is attached hereto. Section 2. The Mayor is authorized and directed to sign the Assignment of Develop- ment Agreement and Consent to Transfer on behalf of the City of Dubuque. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Iowa Economic Development Authority - Amendment No. 8 for Caradco and Lin- seed Oil Paintworks Buildings: City Manager recommending approval of Amendment 8 to the CDBG Contract for Caradco and Linseed Oil Paintworks Buildings to correct re- porting language. Upon motion the documents were received, filed and approved. 11. Human Rights Commission Fiscal Year 2015 Annual Report: City Manager transmitting the Human Rights Commission's Fiscal Year 2015 annual report. Upon mo- tion the documents were received and filed. 12. Restrictive Covenant - 2008 Foye Street: City Manager recommending approval of a Resolution attaching a Restrictive Covenant to the property at 2008 Foye Street that requires owner -occupancy for a 21 -year period. Upon motion the documents were received and filed and Resolution No. 28-16 Attaching an Owner Occupancy Restrictive Covenant to real estate at 2008 Foye Street, Dubuque, Iowa was adopted. RESOLUTION NO. 28-16 ATTACHING AN OWNER OCCUPANCY RESTRICTIVE COVENANT TO REAL ES- TATE AT 2008 FOYE STREET, DUBUQUE, IOWA Whereas, the City currently owns the property at 2008 Foye Street; and Whereas, the City desires to attach a restrictive covenant to 2008 Foye Street prior to disposal of said real estate; and Whereas, the City intends to dispose of said real estate in the near future and the City desires said real estate to be owner -occupied for a period of twenty one years after the sale. 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 approves the attached restrictive covenant for 2008 Foye Street, legally described as: East 24 feet of Lot 22 in Cox's Addition to Dubuque, Iowa — 2008 Foye Street Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the Restrictive Covenant for the above described real estate. Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy of this Resolution to the City Attorney's Office for recording in the Office of the Dubuque County Recorder. 5 Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Liberty Subdivision Acceptance of Subdivision Improvements: City Manager rec- ommending acceptance of the public improvements that the developer, Graceland LLC, has recently completed in Liberty Subdivision. Upon motion the documents were re- ceived and filed and Resolution No. 29-16 Accepting public improvements in Liberty Subdivision in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 29-16 ACCEPTING PUBLIC IMPROVEMENTS IN LIBERTY SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 2-12, certain public improvements including street paving with curb, sidewalk ramps, sanitary sewer main, water main, storm sewers and catch basins, fiber optics conduit, street lighting, and storm water detention facilities were installed by the developer of Liberty Subdivision in the City of Dubuque, Iowa; and Whereas, the improvements have been completed and the City Manager has exam- ined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Liberty Subdivision be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, Graceland LLC, for a period of two (2) years from the date of this resolu- tion. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 14. Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Correspondence from the DMASWA notifying the City of the Agency's Fiscal Year 2017 budget and fee schedule effective July 1, 2016. Upon motion the documents were received and filed. 15. Harvard Kennedy School - Innovations in American Government Award: City Manager transmitting an update on the City of Dubuque's 2015 application for the Inno- vations in American Government Award from the Harvard Kennedy School. Upon mo- tion the documents were received and filed. 6 16. Signed Contracts: Cooperative Winter Road Maintenance Agreement with Dubu- que County; IDOT 2015-2016 Supplemental Agreement for Maintenance and Repair of Primary Roads in Municipalities; City of Dubuque Parking Lease Agreement with Sa- cred Heart Church/Holy Spirit Parish. Upon motion the documents were received and filed. 17. Alcohol Compliance Civil Penalty for Alcohol License Holder — Casey's General Store #2421: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Casey's General Store #2421, 4003 Peru Road. Upon motion the documents were received, filed and approved. 18. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Casey's Gen- eral Store #2421: City Manager recommending approval of the Acknowledge- ment/Settlement Agreement for a tobacco compliance violation for Casey's General Store #2421, 4003 Peru Road. Upon motion the documents were received, filed and approved. 19. Alcohol License Applications: City Manager recommending approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 30-16 Approving applications for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 30-16 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 Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Dollar General Store #10074, 2400 Gateway Dr., Class C Beer, Class B Wine (Sunday) Dollar General Store #6896, 605 W. Locust St., Class C Beer, Class B Wine (Sunday) Dollar General Store #7289, 3250 Kennedy Cir. Suite 9, Class C Beer, Class B Wine (Sunday) Fife's, 1113 Main St., Class C Liquor 7 Gin Rickeys, 1447 Central Ave., Class C Liquor (Sunday) Hartig Drug Company #8, 1600 University Ave., Class E Liquor, Class B Wine, Class C Beer (Sunday) Hartig Drug Company#4, 2225 Central Ave., Class E Liquor, Class B Wine, Class C Beer (Sunday) Pusateris, 2400 Central Ave., Class C Liquor (Sunday) The Richards House B&B, 1492 Locust St., Class B Native Wine (Living Qrts.) (Sunday) Passed, approved and adopted this 1st day of February, 2016. 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. Dubuque City Hall - Electrical Service Project: City Manager recommending City Council set a public hearing for February 15, 2016 to give preliminary approval of the construction plans and specifications, and initiate the public bidding process for the Dubuque City Hall Electric Service Project. Upon motion the documents were received and filed and Resolution No. 31-16 Dubuque City Hall - Electrical Service Project Pre- liminary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Set- ting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Advertisement for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 15, 2016 in the Historic Federal Build- ing. RESOLUTION NO. 31-16 DUBUQUE CITY HALL - ELECTRICAL SERVICE PROJECTPRELIMINARY AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER- TISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Dubuque City Hall - Electrical Service Project in the estimated amount $125,000.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 15th day of February, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro- posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the 8 City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested per- son may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. The Dubuque City Hall - Electrical Service Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 17th day of February, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 7th day of March, 2016, in the Historic Federal Build- ing Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. FY 2016 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project: City Manager recommending City Council set a public hearing for February 15, 2016 to give prelimi- nary approval of the construction plans and specifications, and initiate the public bidding process for the FY2016 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project. Up- on motion the documents were received and filed and Resolution No. 32-16 FY16 Sani- tary Sewer Cured -In -Place Pipe (CIPP) Lining Project Preliminary Approval of Plans, Specifications, Form of Contract, and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Estimated Cost; and Ordering the Adver- tisement for Bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 15, 2016 in the Historic Federal Building. RESOLUTION NO. 32-16 FY16 SANITARY SEWER CURED -IN-PLACE PIPE (CIPP) LINING PROJECT PRE- LIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFI- CATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the FY16 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project in the estimated amount $520,000.00, are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 15th day of February, 2016, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the pro - 9 posed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested per- son may appear and file objections to the proposed plans, specifications, form of con- tract, or estimated cost of the Project. The FY16 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project is hereby or- dered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 25th day of February, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 7th day of March, 2016, in the Historic Federal Build- ing Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Intent to Dispose of Property - Curtiss -McEvoy Street Lot: City Manager recom- mending City Council set a public hearing for February 15, 2016 on the sale of a vacant lot on Curtiss Street to Routley Construction, LLC for the construction of a single-family residence. Upon motion the documents were received and filed and Resolution No. 33- 16 Intent to dispose of an Interest in City -owned real property by sale to Routley Con- struction, LLC was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 15, 2016 in the Historic Federal Building. RESOLUTION NO. 33-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY SALE TO ROUTLEY CONSTRUCTION, LLC Whereas, the City of Dubuque, Iowa (City) owns the following real property: Lot 1 of Bonson & Stewart Place, in the City of Dubuque, Iowa (the Property); and Whereas, City has entered into an agreement with Routley Construction, LLC to sell the Property to Routley Construction, LLC, a copy of which agreement is attached here- to; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of the City to approve the sale of the Property to Routley Construction, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing - described real property by sale to Routley Construction, LLC. 10 Section 2. The City Clerk is hereby authorized and directed to cause this Resolution 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 an interest in the foregoing -described real property, to be held on the 15th day of February, 2016, at 6:30 o'clock p.m. at the Histor- ic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Intent to Dispose of Property - 2008 Foye Street: City Manager recommending the City Council set a public hearing for February 15, 2016, on the City's intent to dispose of property located at 2008 Foye Street to David and Ellen Rath. Upon motion the docu- ments were received and filed and Resolution No. 34-16 Intent to dispose of an interest in City of Dubuque real estate, setting a time and place for hearing and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to com- mence at 6:30 p.m. on February 15, 2016 in the Historic Federal Building. RESOLUTION NO. 34-16 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 2008 Foye Street (the Property) legally described as: East 24 feet of Lot 22 in Cox's Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof. Whereas, City acquired the Property as vacant/abandoned property in which the City of Dubuque took possession of in October 2015 through Court Order by filing for petition for; and Whereas, City and David and Ellen Rath entered into a Contract Agreement pursuant to which City will convey the Property to David and Ellen Rath to deconstruct the single family Property and rehabilitate the existing garage in accordance with the Rehabilita- tion Standards and all applicable City Codes as approved by the City Council; and Whereas, conveying the Property to David and Ellen Rath is consistent with the City's intent for this specific property; and Whereas, City desires to hold the required public hearing and conveyance of the Property to David and Ellen Rath. 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: East 24 feet of Lot 22 in Cox's Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the Property to David and Ellen Rath 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 11 hearing on the City's intent to dispose of the Property to be held on the 15th day of Feb- ruary, 2016, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Community Development Block Grant (CDBG) Annual Action Plan for Fiscal Year 2017: City Manager recommending the City Council set a public hearing for review of the Community Development Block Grant Annual Action Plan on February 17, 2016 in conjunction with the Housing & Community Development Department's budget hearing. Upon motion the documents were received and filed and Resolution No. 35-16 Setting a public hearing on the Fiscal Year 2017 (Program Year 2016) Community Development Block Grant (CDBG) Annual Action Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 17, 2016 in the Historic Federal Build- ing. RESOLUTION NO. 35-16 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2017 (PROGRAM YEAR 2016) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2017 (Program Year 2016) Community Development Block Grant Annual Action Plan addressing both housing and non -housing needs in the community; and Whereas, copies of the draft Fiscal Year 2017 (Program Year 2016) CDBG Annual Action Plan will be available for public comment for 30 days prior to City Council action; and Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:30 p.m. on February 17, 2016 for the purpose of holding a public hearing and taking action on the Fiscal Year 2017 (Program Year 2016) Community Development Block Grant Annual Action Plan. Section 2. That the City Clerk be and he is hereby authorized and directed to publish a notice of such public hearing and the City Council's intent to review and take action on the Fiscal Year 2017 (Program Year 2016) Community Development Block Grant An- nual Plan. Passed, approved and adopted this 1st day of February, 2016. Attest: Kevin S. Firnstahl, City Clerk 12 Roy D. Buol, Mayor 6. SW Arterial Right -of -Way Property Acquisition: City Manager recommending the City Council set a public hearing for March 7, 2016, on the intent to commence a public improvement project and to establish Just Compensation Valuation (Fair Market Value) of necessary right-of-way property which the City intends to acquire or condemn, if re- quired, for the Southwest Arterial Project. Upon motion the documents were received and filed and Resolution No. 36-16 Setting a public hearing on the intent to commence a public improvement project for the Southwest Arterial Project and to acquire agricul- tural land for the Project and to establish just compensation valuation (Fair Market Val- ue) of necessary right-of-way property which the City intends to acquire or condemn if required for the Southwest Arterial Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2016 in the Historic Federal Building. RESOLUTION NO. 36-16 SETTING A PUBLIC HEARING ON THE INTENT TO COMMENCE A PUBLIC IM- PROVEMENT PROJECT FOR THE SOUTHWEST ARTERIAL PROJECT AND TO ACQUIRE AGRICULTURAL LAND FOR THE PROJECT AND TO ESTABLISH JUST COMPENSATION VALUATION (FAIR MARKET VALUE) OF NECESSARY RIGHT- OF-WAY PROPERTY WHICH THE CITY INTENDS TO ACQUIRE OR CONDEMN IF REQUIRED FOR THE SOUTHWEST ARTERIAL PROJECT Whereas, Iowa Code § 6B.2A requires an acquiring agency to provide written notice of a public hearing to each owner of record of agricultural land that may be the subject of condemnation; and Whereas, the City Council finds that it may be necessary to acquire or condemn in whole or in part the following -described property for the Southwest Arterial Project: Parcel 112 Part of Lot 2 of 2, a part of the Division of Lot 2 of South Fork Industrial Subdivi- sion No. 1, Section 31, Township 89 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Part of Lot 2 of 1, a part of the division of Lot 1 of South Fork Industrial Subdivi- sion No. 1, Section 31, Township 89 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 113 Part of Lot B of the Northeast 1/4 of the Southeast 1/4, Section 31, Township 89 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Part of Lot C of the Northeast 1/4 of the Southeast 1/4 and the Southeast 1/4 of the Southeast 1/4 of Section 31, Township 89 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 149 A part of Lot 1 in Valentine Place Plat 3; Lot 2 in Valentine Place Plat 2; and the SE'/4 of the SW'/4, Lot 2 in the NW'/4 of the SW'/4, Lot 2 in the SW'/4 of the SW'/4, and Lot 1 of Lot 1 in the West % of the NW'/4 of Section 3, Township 88 North, 13 Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 150A A part of Lot A of Lot 2 of the Northwest 1/4 of the Southwest 1/4 of Section 3 and of Lot 1 in Valentine Place No. 3, all in Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof, subject to highway and easements of record. Parcel 150B A part of Lot A of the Northwest 1/4 of the Southeast 1/4 and of The Southwest 1/4 Of The Southeast 1/4 And Of The Southeast 1/4 Of The Southeast 1/4, All in Section 3, Township 88 North, Range 2 East Of The 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to high- way and easements of record. Parcel 152 A part of the West % of the Northwest 1/4 of Section 11, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Parcel 161 A part of the South % of the NE1/4, Lot 1 of the East 39 acres of the NEY4 of the NW1/4, Lot 1 of the East 39 acres of the SEY4 of the NW1/4, Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the NWY4 of the SEY4 and Lot 1 of Lot 1 of Lot 7 of the Ne1/4 of the SEA, all in Section 11, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record. Whereas, the owner of the Parcel 112 is Plastic Center, Inc.; and Whereas, the owner of the Parcel 113 is Paul and Jane Cate; and Whereas, the owner of the Parcel 149 is Ronald and Gary Valentine; and Whereas, the owner of the Parcel 150A is Gary Valentine; and Whereas, the owner of the Parcel 150B is Valentine & Sons Farm Ltd; and Whereas, the owner of the Parcel 152 is William Kress; and Whereas, the owner of the Parcel 161 is Elizabeth Reuter; and Whereas, a public hearing should be set on the City's intent to commence a public improvement project for the Southwest Arterial Project and to acquire or condemn, if necessary, Parcels 112, 113, 149, 150A, 150B, 152, and 161; and Whereas, notice of the public hearing should be published and mailed as required by law to the owners of Parcels 112, 113, 149, 150A, 150B, 152, and 161. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: The City Clerk is hereby authorized and directed to cause a notice in the form at- tached hereto to be mailed to each of the owners and published as prescribed by Iowa Code § 6B.2A of a public hearing on the City's intent to commence a public improve- ment project for the Southwest Arterial Project and to acquire or condemn in whole or in part, if necessary, Parcels 112, 113, 149, 150A, 150B, 152, and 161, to be held on the 7m day of March, 2016, at 6:30 o'clock p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. 14 Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following boards/commission. 1. Community Development Advisory Commission (Review): Two, 3 -year terms through February 15, 2019 (Expiring terms of Caldwell as LMI Area Representative and Hinke as At -Large). Applicants: Theresa Caldwell, 1633 Elm St. (qualifies for LMI Area Representative); Michelle Hinke, 973 Patricia Ann Dr. (qualifies for At -Large) 2. Sister City Relationships Advisory Commission (Review): One, 3 -year term through February 1, 2019 (Expiring term of Thurn). Applicant: Louise Thurn, 3037 Kaufmann Ave. Appointment was made to the following Commission. 3. Historic Preservation Commission (Appointment): One, 3 -year term through July 1, 2016 (Vacant term of McDonell — Jackson Park District Interim). Applicant: Alfred P. Kopczyk, 1320 Locust St. (qualifies for the Jackson Park District Resident). Motion by Lynch to appoint Mr. Kopczyk to the remainder of a 3 -year term through July 1, 2016. Seconded by Rios. Motion carried 4-3 with Resnick, Jones, and Connors voting nay. ACTION ITEMS 1. Grand River Center Annual Report: Mitzi Yordy with Platinum Hospitality Group and General Manager of the Grand River Center presented the Center's Annual Report for 2015. Topics included the Center's purpose; 2015 guest count and local spending figures; promotional strategy and awards; annual groups comparison; actual and 2016 forecasted market segment; types of groups for 2015 and 2016; sustainability efforts; partnerships. Motion by Jones to receive and file the information. Seconded by Resnick. Responding to questions from the City Council, Ms. Yordy stated that they will investi- gate in-house or city -staff options for escalator repair. Motion carried 7-0. 2. Community Development Block Grant Fund (CDBG) Annual Action Plan Amend- ment 3 for Fiscal Year 2016: City Manager recommending approval of the Fiscal Year 2016 Community Development Block Grant Annual Action Plan — Amendment 3. Motion by Connors to receive and file the documents and adopt Resolution No. 37-16 Approv- ing Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 3 for Com- munity Development Block Grant (CDBG) Funds. Seconded by Lynch. Motion carried 7- 0. 15 RESOLUTION NO. 37-16 APPROVING FISCAL YEAR 2016 (PROGRAM YEAR 2015) ANNUAL ACTION PLAN AMENDMENT 3 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal Years 2016; and Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocat- ing funds between existing activities and providing funds for new activities; and Whereas, said amendment is a substantial amendment as provided in the City's Citi- zen Participation Plan and therefore must be approved by resolution of the City Council after a public hearing by the Community Development Advisory Commission; and Whereas, the City made available for public comment said Annual Action Plan on December 20, 2015 and advertised a 30 day public comment period ending January 20, 2016; and Whereas, the Community Development Advisory Commission reviewed said amendment during a public hearing on January 20, 2016 and voted to approve said amendment and recommend approval by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Annual Action Plan for Fiscal Year 2016 (Program Year 2015) is hereby amended to increase funds to Purchase Rehab Resale and Microenterprise Lending activities as described in the FY 2016 Annual Action Plan — Amendment 3, at- tached hereto as Exhibit A. Section 2. That said Fiscal Year 2016 (Program Year 2015) Annual Action Plan Amendment 3 attached hereto as Exhibit A is hereby approved. Section 4. That the City Manager is hereby authorized and directed to submit a copy of this resolution and amendment to the U.S. Department of Housing and Urban Devel- opment. Passed, approved and adopted this 1st day of February, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Resilient Community Advisory Commission Update: City Manager recommending approval to proceed with the community engagement process that will inform the devel- opment of a Resilient Community Advisory Commission. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0. 4. Fiscal Year 2017 Recommended Budget Transmittal: City Manager submitted the Fiscal Year 2017 Recommended Budget Transmittal Message and provided a presenta- tion. Motion by Connors to receive and file. Seconded by Resnick. City Manager Van Milligen responded to questions from the City Council following discussion regarding actual property tax rates versus decrease percentages. health insurance increases, time studies for City employees and comparisons to other cities, pay raises/freezes and their relationship to collective bargaining and arbitration requirements, debt reduction, 16 Five Flags Civic Center usage/investment, and continued discussion on looking for op- portunities for adjustments to the budget through the upcoming public hearings. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Jones reported on the death of Dubuque County Supervisor and former Iowa State Senator Tom Hancock. There being no further business, upon motion the City Council adjourned at 8:07 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 17