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11 16 15 City Council Proceedings Official - Regular and SpecialCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on November 16, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Braig 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 Project HOPE. WORK SESSION Project HOPE Update Economic Development Director Maurice Jones provided an introduction to the work session and introduced presenters Eric Dregne of the Community Foundation of Great- er Dubuque; Lana Wood of Project Hope; Stan Rheingans of Dubuque Community Schools; Kristen Dietzel and Gisella Aitken-Shadle of NICC; and Marla Lucke of Iowa Works. Topics included: • The Community Foundation of Greater Dubuque support network with Project HOPE for economic opportunity • Unemployment rate by race/gender • Poverty rate by race • Educational attainment and poverty rate • Project HOPE mission: to increase access to opportunity for all community mem- bers • Project HOPE network members • Re -Engage Dubuque Program • Dubuque Community School District student dropout rate • Re-engaged students by race and gender 2014-2015 • Opportunity Dubuque: Connects workers to training and employers with skilled workers • NICC Success Model demographics • Career pathway map; Project HOPE targeted workforce strategy • Community Workforce Network o Sector boards o Shared outcomes o Success model strategy: recruitment, assessment, addressing barriers, advising, education & training, job placement • Helping families build financial security 1 • Supporting family economic security: Bank on Dubuque • Supporting provider networks for change • Network map identifies providers and supports collaborative approach to meeting the needs of youth and adults in the community. • Coach's Peer Learning Network • Community Assessment A question/answer period with City Council followed the presentation. There being no further business, upon motion the City Council adjourned at 6:04 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on November 16, 2015 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Council Member Braig 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 PRESENTATION(S) 1. Iowa Legislator of the Year 2015 - Award Presentation to Senator Pam Jochum Iowa League of Cities Government Affairs and Legislative Counsel Robert Palmer pre- sented Iowa Senator and Iowa Senate President Pam Jochum with the Iowa Legislator of the Year Award 2015 (Home Rule) 2. Tony Goldman Award: Mary Mulgrew Gronen presented the City with the Tony Goldman Award given to Gronen Restoration and the City of Dubuque from the National Trust for Historic Preservation and National Trust Community Investment Corporation recognizing the Caradco Building Project. A short video of the project was played. 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 6-0. 1. Minutes and Reports Submitted: City Council Proceedings of 11/2; Civil Service Commission of 11/15; Five Flags Civic Center Commission of 10/26; Investment Over- sight Advisory Commission of 10/28; Library Board of Trustees of 9/24; Long Range Planning Advisory Commission of 10/21; Zoning Advisory Commission of 11/5; Proof of publication for City Council Proceedings of 10/19; Proof of publication for Delinquent Water, Sewer, Refuse & Stormwater Collection Accounts for 10/17, 10/24. Upon motion the documents were received and filed. 3 2. Notice of Claims and Suits: Nick and Sarah Ryan for property damage; Betty Tigges for financial loss; Thomas J. Miller vs. City of Dubuque for personal injury. 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: Nick Ryan for property damage. Upon motion the documents were re- ceived, filed and concurred. 4. 2016 State Legislative Priorities: City Manager submitting the 2015 State of Iowa Legislative Priorities for adoption and presentation to legislators at the annual Legisla- tive Dinner on November 23, 2015. Upon motion the documents were received, filed and approved. 5. Vacant Properties: The True Costs to Communities: City Manager transmitting in- formation from the National Vacant Properties Campaign. Upon motion the documents was received and filed. 6. Iowa Department of Transportation Title VI Assurances and Title VI Non- discrimination Agreement: City Manager recommending approval of an updated Title VI Assurances and Title VI Nondiscrimination Agreement between the Iowa Department of Transportation and the City of Dubuque related to the City's receipt of federal aid fund- ing. Upon motion the documents were received, filed and approved. 7. Purchase of Twin Ridge Water, Inc.: City Manager recommending acceptance of the Warranty Deed and Quit Claim Deed to two parcels of property the City of Dubuque gained title to as part of the Twin Ridge Asset Purchase Agreement and the Offer to Buy Real Estate and Acceptance by and between the City and the Grace M. Mueller Revocable Family Trust and the Raymond M. Mueller Irrevocable Family Trust. It is fur- ther recommended that the City Council approve a lease that was a term and exhibit in the Asset Purchase Agreement, and the Offer to Buy, and the City's consent to a re- striction on the well parcel that the City acquired ownership to as part of the Asset Pur- chase Agreement. Upon motion the documents were received and filed and Resolution No. 386-15 Accepting the Warranty Deed to certain real estate in Dubuque County, Io- wa and the Quit Claim Deed to certain real estate in Dubuque County, Iowa, and ap- proving other supporting documents related to the Asset Purchase Agreement for the sale and transfer of existing assets by and between the City of Dubuque, Iowa and Twin Ridge Water, Inc., in Dubuque County, Iowa and the Offer to Buy and Acceptance for the acquisition of real estate owned by the Grace M. Mueller Revocable Family Trust and Raymond M. Mueller Irrevocable Family Trust in Dubuque County, Iowa was adopted. RESOLUTION NO. 386-15 ACCEPTING THE WARRANTY DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA AND THE QUIT CLAIM DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA, AND APPROVING OTHER SUPPORTING DOCU- 4 MENTS RELATED TO THE ASSET PURCHASE AGREEMENT FOR THE SALE AND TRANSFER OF EXISTING ASSETS BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND TWIN RIDGE WATER, INC., IN DUBUQUE COUNTY, IOWA, AND THE OFFER TO BUY AND ACCEPTANCE FOR THE ACQUISITION OF REAL ESTATE OWNED BY THE GRACE M. MUELLER REVOCABLE FAMILY TRUST AND RAY- MOND M. MUELLER IRREVOCABLE FAMILY TRUST IN DUBUQUE COUNTY, IO- WA Whereas, pursuant to Resolution No. 384-15, an Asset Purchase Agreement by and between the City of Dubuque, Iowa and Twin Ridge Water, Inc., and an Offer to Buy Real Estate and Acceptance were approved on November 2, 2015; and Whereas, the Asset Purchase Agreement and the Offer to Buy Real Estate and Ac- ceptance require the execution of supporting documents including a Warranty Deed for a certain parcel of real estate in Dubuque County, Iowa, a Quit Claim Deed for a certain parcel of real estate in Dubuque County, Iowa, a Consent to an Amendment to an Agreement by and between Twin Ridge Water, Inc., and Linda S. Schuster, and a Lease between the City of Dubuque, Iowa, and Twin Ridge Water, Inc.; and Whereas, these supporting documents were executed at closing in accordance with the terms and conditions of the previously approved Asset Purchase Agreement and the Offer to Buy Real Estate and Acceptance; and Whereas, the City Council finds that it is in the interests of the City of Dubuque to ac- cept the Warranty Deed and Quit Claim Deed, and approve the Consent to the Amend- ment to an Agreement, and the Lease attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque accepts the Warranty Deed attached hereto. Section 2. The City of Dubuque accepts the Quit Claim Deed attached hereto. Section 3. The City of Dubuque approves the Consent to the Amendment to the Agreement by and between Twin Ridge Water, Inc., and Linda S. Schuster, and the Lease between the City of Dubuque, Iowa, and Twin Ridge Water, Inc. Passed, approved and adopted this 16th day of November, 2015 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Southgate Lift Station: City Manager recommending approval of a resolution ac- cepting the grant of easement for sanitary sewer lift station and the dedication of the sewage lift station, sanitary force main, and gravity sanitary sewer known as the Southgate Lift Station, as required by the Asset Purchase Agreement by and between the City of Dubuque and Twin Ridge Water, Inc. Upon motion the documents were re- ceived and filed and Resolution No. 387-15 Accepting the sewage lift station, sanitary sewer force main, and gravity sanitary sewer located in Southgate Center Addition and accepting the Grant of Easement through, under, and across the balance of Lot A Southgate Center Second Addition the maintenance of the sewage lift station and piping located in the balance of Lot A Southgate Center Second Addition was adopted. 5 RESOLUTION NO. 387-15 ACCEPTING THE SEWAGE LIFT STATION, SANITARY SEWER FORCE MAIN, AND GRAVITY SANITARY SEWER LOCATED IN SOUTHGATE CENTER ADDITION AND ACCEPTING THE GRANT OF EASEMENT THROUGH, UNDER, AND ACROSS THE BALANCE OF LOT A SOUTHGATE CENTER SECOND ADDITION THE MAINTE- NANCE OF THE SEWAGE LIFT STATION AND PIPING LOCATED IN THE BAL- ANCE OF LOT A SOUTHGATE CENTER SECOND ADDITION Whereas, pursuant to Resolution No. 384-15, an Asset Purchase Agreement by and between the City of Dubuque, Iowa and Twin Ridge Water, Inc. and an Offer to Buy Re- al Estate and Acceptance were approved on November 2, 2015; and Whereas, pursuant to Section 1.1(A)(6) of the Asset Purchase Agreement by and be- tween the City of Dubuque, Iowa and Twin Ridge Water, Inc., the City of Dubuque, Iowa accepted the ownership and maintenance of a sewage lift station, sanitary force main, and gravity sanitary sewer located in the parcels legally described as the Balance of Lot A Southgate Center Second Addition, Lot 3 of Southgate Center Second Addition, Lot 2 Southgate Center, Lot 1 of 3 Key Gate Center, and Highway 151/61 right-of-way, in Dubuque County, Iowa; and Whereas, Dubuque Southgate Investments, Ltd., owns the parcel legally described as the Balance of Lot A Southgate Center Second Addition, in which the sewage lift sta- tion and a portion of the piping sits; and Whereas, City wishes to accept ownership and maintenance of the sewage lift sta- tion, sanitary sewer force main, and gravity sanitary sewer located on the Balance of Lot A Southgate Center Second Addition, Lot 3 of Southgate Center Second Addition, Lot 2 Southgate Center, Lot 1 of 3 Key Gate Center, and Highway 151/61 right of way as shown on Attachment B and Dubuque Southgate Investments, Ltd., wishes to grant City an easement over the Balance of Lot A Southgate Center Addition for such ownership and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Grant of Easement from Dubuque Southgate Investments, Ltd., over a portion of the Balance of Lot A of Southgate Second Addition to access the sanitary lift station and a portion of the piping be accepted and recorded. Section 2. The City Council hereby approves the acceptance of the sewage lift sta- tion, sanitary force main, and gravity sanitary sewer piping located as shown on At- tachment B. Section 3. The ownership, operation and maintenance of said sewage lift station, sanitary force main, and gravity sanitary sewer shall be the responsibility of the City from the date of this resolution moving forward. Passed, approved and adopted this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. Acceptance of 610 Wilbur Street Deconstruction Project: City Manager recom- mending acceptance of the construction contract for the building deconstruction at 610 Wilbur Street that was completed by D.F. Excavating, LLC in the amount of $21,480 as part of the Wilbur Street Retaining Wall and Embankment Stabilization Project. Upon 6 motion the documents were received and filed and Resolution No. 388-15 Accepting the Building Deconstruction at 610 Wilbur Street Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 388-15 ACCEPTING THE BUILDING DECONSTRUCTION AT 610 WILBUR STREET PRO- JECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Building Deconstruction at 610 Wilbur Street (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 Stone Retaining Walls capital improvement appropriation for the contract amount of $21,480.00 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 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE BUILDING DE- CONSTRUCTION AT 610 WILBUR STREET The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Building Deconstruction at 610 Wilbur Street (the Project), and that said Project has been performed in compliance with the terms of the Public Improve- ment Contract, and that the total cost of the completed work is $21,480.00. Dated this 11th day of November, 2015. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 12th day of November, 2015. /s/Kevin S. Firnstahl, City Clerk 10. Stoltz Street Retaining Wall Project Acceptance: City Manager recommending acceptance of the construction contract for the Stoltz Street Retaining Wall Repair Pro- ject as completed by W.C. Stewart. Upon motion the documents were received and filed and Resolution No. 389-15 Accepting the Stoltz Street Retaining Wall Repair Project and authorizing the payment of the contract amount to the contractor was adopted. 7 RESOLUTION NO. 389-15 ACCEPTING THE STOLTZ STREET RETAINING WALL REPAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Stoltz Street Retaining Wall Re- pair 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 Stone Retaining Wall capital improvement appropriation for the contract amount of $29,100.00 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 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE STOLTZ STREET RETAINING WALL REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Stoltz Street Retaining Wall Repair Project, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $31,600.00. Dated this 11th day of November, 2015. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 12th day of November, 2015. /s/Kevin S. Firnstahl, City Clerk 11. Acceptance of Permanent Easement for Storm Sewer Utility from Padre Pio Health Care Center, Inc.: City Manager recommending acceptance of a permanent easement for storm sewer across property owned by Pio Health Care Center, Inc., lo- cated at 1001 Assisi Drive. Upon motion the documents were received and filed and Resolution No. 390-15 Accepting a Grant of Permanent Easement for Storm Sewer Util- ity through, over and across part of Lot 3-1 of Block 7 in Phase 1 of Stone Hill Commu- nity Subdivision No. 1, in the City of Dubuque, Iowa was adopted. RESOLUTION NO. 390-15 ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM SEWER UTILI- TY THROUGH, OVER AND ACROSS PART OF LOT 3-1 OF BLOCK 7 IN PHASE 1 OF STONE HILL COMMUNITY SUBDIVISION NO. 1, IN THE CITY OF DUBUQUE, IOWA 8 Whereas, Padre Pio Health Care Center Inc., has executed a Permanent Easement for Storm Sewer Utility through, over and across Part of Lot 3-1 of Block 7 in Phase 1 of Stone Hill Community Subdivision No. 1, 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 Permanent Easement for Storm Sewer Utility through, over and across Lot 3-1 of Block 7 in Phase 1 of Stone Hill Community Subdi- vision No. 1, in the City of Dubuque, Iowa from Padre Pio Health Care Center Inc., 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 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 12. Canadian Pacific Railroad - CP Positive Train Control Infrastructure: City Manag- er transmitting staffs response to the Canadian Pacific Railroad regarding its CP Posi- tive Train Control Infrastructure (tip towers) installations. Upon motion the documents were received and filed. 13. Creative Risk Solutions as Subrogee of Scott Estal vs. City of Dubuque: City At- torney recommending approval of a Settlement in the case of Creative Risk Solutions as Subrogee of Scott Estal vs. City of Dubuque subject to receiving a satisfactory release. Upon motion the documents were received, filed and approved. 14. HUD National Disaster Resiliency Competition Submission: City Manager rec- ommending approval to submit a Phase II application to the US Department of Housing and Urban Development National Disaster Resilience Competition. Upon motion the documents were received, filed and approved. 15. Employer Mandate Reporting Services Agreement: City Manager recommending approval of an agreement with Cottingham & Butler Insurance Services to prepare and file the required Internal Revenue Service forms 1094-C and 1095-C on behalf of the City associated with the Patient Protection and Affordable Care Act beginning in 2016. Upon motion the documents were received, filed and approved. 16. Fiscal Year 2015 Iowa Urban Renewal Annual Report: City Manager recommend- ing approval of the Fiscal Year 2015 State Urban Renewal Annual Report. Upon motion the documents were received and filed and Resolution No. 391-15 Approving the Fiscal Year 2015 Urban Renewal Report for the City of Dubuque was adopted. 9 RESOLUTION NO. 391-15 APPROVING THE FISCAL YEAR 2015 URBAN RENEWAL REPORT FOR THE CITY OF DUBUQUE. Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session, amending the current law pertaining to urban renewal districts; and Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012, aims to increase transparency in the utilization of tax increment financing; and Whereas, HF 2460 requires an annual urban renewal report be approved by the ma- jority of a local governing body that had an active urban renewal plan anytime during the most recently ended fiscal year; and Whereas, City staff have fulfilled the requirements outlined in the Act through a web - based reporting tool hosted by the Iowa Department of Management. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Fiscal Year 2015 Urban Renewal Report for the City of Dubuque, be approved. Section 2. That the Budget Director of the City of Dubuque, Iowa, is hereby author- ized and directed to submit the Report, with a record of this approval, to the Iowa De- partment of Management. Passed, approved and adopted this 16th day of December, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 17. Quarterly Investment Report for September 30, 2015: City Manager transmitting the Quarterly Investment Report for September 30, 2015. Upon motion the documents were received and filed. 18. Property Acquisition - 501 E. 15th Street Amendment to Purchase Agreement: City Manager recommending approval of an amendment to the purchase agreement for the acquisition of 501 E. 15th Street for the Bee Branch Creek Restoration Project. Upon motion the documents were received and filed and Resolution No. 392-15 Amending the Purchase Agreement for the Acquisition of Real Estate owned by Blum Properties, Inc., in the City of Dubuque was adopted. RESOLUTION NO. 392-15 AMENDING THE PURCHASE AGREEMENT FOR THE ACQUISITION OF REAL ES- TATE OWNED BY BLUM PROPERTIES, INC., IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain properties located in the ar- ea of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the "Drainage Basin Master Plan," and Whereas, a purchase agreement was finalized with the Blum Properties, Inc., owner of the property scheduled for acquisition; and Whereas, the City Council passed Resolution 30-13 approving the acquisition of 501 E. 15th Street for the Bee Branch Creek Restoration Project; and Whereas, per the terms of the purchase agreement, the City is to close and take ownership of the property in December of 2015; and 10 Whereas, the owner has requested that the City make payment for the property in January of 2016; and Whereas, it is in the best interest of the City to purchase the property in December of 2015 as outlined in the agreement and to accommodate the owner's request and delay payment for the property until January of 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That amending the purchase agreement for 501 E. 15th Street to reflect that the City will make payment for the property in January of 2016 is hereby approved. All other terms and conditions of the agreement shall remain in full force and effect. Passed, approved and adopted this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 19. Proposed Housing Choice Voucher/Section 8 Administrative Plan Changes: City Manager approval of two changes to the Housing Choice Voucher/Section 8 Administra- tive Plan related to increasing the voucher unit size and adjusting the standards on fair market rents. Upon motion the documents were received, filed and approved. 20. Response to Mr. Daniel Boots: City Manager transmitting a response to Daniel Boots regarding his request for information on affirmatively furthering fair housing. Upon motion the documents were received and filed. 21. 2013 IRS Audit: City Manager transmitting correspondence from the Internal Revenue Service - Tax Exempt and Government Entities Division reporting no changes to the City's reported tax. Upon motion the documents were received and filed. 22. Citizen Petition - Isborn Avenue: Residents of Isborn Avenue submitting a petition requesting the City consider constructing a cul-de-sac at the end of the street. Upon motion the document was received, filed and referred to the City Manager. 23. Civil Service Commission: Civil Service Commission submitting the Certified List for the position of Accountant. Upon motion the document was received, filed and made a Matter of Record. October 9, 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 Accountant was administered on September 17, 2015. We hereby certify that the in- dividuals listed below have passed this written examination and the vacancy for this po- sition should be filled from this list and that this list is good for two (2) years from above date. Accountant I 1. Elizabeth Hargrove 2. Carl Heidesch 11 3. Arielle Swift 4. Travis Clark -Smith 5. Thomas Major 6. Aaron Fishnick 7. Tanya Walske 8. Sara Wernimont 9. Kristina Nielsen 10. Kate Schwager Respectfully submitted, /s/Dan White, Chairman Civil Service Commission 24. Appeal of Claim by Frank Vlach: Correspondence from Frank Vlach appealing denial of his claim against the City for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. 25. Alcohol and Tobacco License Renewals: City Manager recommending approval of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the documents were received and filed and Resolution No. 393-15 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 394-15 Approving ap- plications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 393-15 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 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 Aragon Tap, 1103 Iowa St., Class C Liquor (Sunday) Big 10 Mart Car Wash, 1875 J.F.K. Rd., Class C Beer (Sunday) Bridge Restaurant The, 31 Locust, Class C Liquor (Sunday) Double Shot, 2093 Washington, Class C Liquor (Sunday) 12 Grand Harbor Resort & Water Park, 350 Bell St., Class B Liquor (Catering) (Outdoor) (Sunday) Iowa Street Market Inc., 1256 Iowa St., Class E Liquor, Class B Wine, Class C Beer (Sunday) Kwik Stop Food Mart, 4039 Pennsylvania Ave., Class C Beer, Class B Native Wine (Sunday) Plaza 20 BP/Amoco, 2600 Dodge St., Class C Beer, Class B Native Wine (Sunday) New Kwik Stop #858, 3340 JFK Rd., Class E Liquor, Class B Native Wine, Class C Beer (Sunday) The Empire, 1700 Central Ave., Class C Liquor Passed, approved and adopted this 2nd day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO.394-15 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. Kwik Stop #858, 3340 JFK Rd. Passed, approved and adopted this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS 1. Housing Commission: One, 3 year term through August 17, 2018 (Vacant At -Large term of Foster). Applicant: Nicolas Hobson, 1592 Locust St. (Qualifies for At -Large). No motion entered. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council on the following items. 13 1. Request to Rezone - Northwest Corner of Asbury Road and Evergreen Drive: Proof of Publication on notice of public hearing to consider a request from Julie Cheung and Alex Fursou to rezone property at the northwest corner of Asbury Road and Ever- green Drive (3150 Asbury Road) from R-1 Single -Family Residential District to R-2 Two - Family Residential District and the Zoning Advisory Commission recommending ap- proval. 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. Planning Services Manager Laura Carstens provided a staff report. Zoning Advi- sory Commission Chairperson Patrick Norton and Ms. Carstens responded to questions from the City Council regarding traffic, parking and the original zoning and change in circumstances surrounding the rezonings of this parcel. Property owner Julie Cheung, 3150 Asbury Rd., spoke in support of the request citing a previous denial to rezone to commercial and questioned the reasons for opposition. Motion carried 6-0. Motion by Connors for final consideration and passage of Ordinance No. 70-15 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the northwest corner of Asbury Road and Evergreen Drive from R-1 Single -Family Residential District to R-2 Two -Family Residential District. Seconded by Lynch. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 70-15 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHWEST CORNER OF ASBURY ROAD AND EVERGREEN DRIVE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL 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-1 Single -Family Residential District to R-2 Two -Family Residential District, to wit: Lot 1 Block 2 Clover Hills Subdivision, 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 16th day of November, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of November, 2015. /s/Kevin S. Firnstahl, City Clerk 14 2. Request to rezone - Northwest Corner of University Avenue and Alta Vista Street: Proof of publication on notice of public hearing to consider a request from MV Residen- tial Development, LLC to rezone property at the Northwest corner of University Avenue and Alta Vista from R-2 Two -Family Residential District to OR Office Residential District and the Zoning Advisory Commission recommending approval. Motion by Lynch to re- ceive 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 Connors. Pete Schwiegeraht, De- veloper for the Miller -Valentine (MV) Midwest Region, 9349 WaterStone Blvd., Cincin- nati, OH, provided a history of the company, described the project and responded to questions from the City Council. Jim Gonyier, 935 Oxford St., expressed his concern over the removal of existing trees, the effect of area traffic on the mobility of elderly res- idents, and traffic enforcement in that area of University Avenue. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0. Motion by Lynch for final consideration and passage of Ordinance No. 71-15 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at the northwest corner of University Avenue and Alta Vista Street from R-2 Two -Family Residential District to OR Office Residential District. Seconded by Connors. Motion carried 6-0. OFFICIAL PUBLICATION ORDINANCE NO. 71-15 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHWEST CORNER OF UNIVERSITY AVENUE AND ALTA VISTA STREET FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL 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 OR Office Residential District, to wit: Southeast 1.3 acres of the Church of the Nativity Place, to the centerline of the ad- joining 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 16th day of November, 2015. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of November, 2015. /s/Kevin S. Firnstahl, City Clerk 15 3. 2015 SCADA (Flow Metering Stations) Manhole Installation Project: Proof of publi- cation on notice of public hearing to approve the plans, specifications, form of contract, and estimated cost for the 2015 SCADA Manhole Installation Project and the City Man- ager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 395-15 Approval of plans, specifications, form of contract, and es- timated cost for the 2015 SCADA (Flow Metering Stations) Manhole Installation Project. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 395-15 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE 2015 SCADA (FLOW METERING STATIONS) MANHOLE IN- STALLATION PROJECT 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 SCADA(flow metering stations) Manhole Installation Project, in the estimated amount $105,000.00, are hereby approved. Passed, adopted and approved this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS 1. Five Flags Center Annual Report Presentation: Five Flags Center Manager Joyce White of SMG provided a verbal report on the current fiscal year activities and future plans for the Five Flags Center and announced her retirement at the end of December 2015. Topics included three-year financial comparison; event categories; Civic Center usage allocation (by space); local, regional and national programming usage for FY 15; notable events FY2015; meetings and conventions FY15; featured special event, photo essay; multiple use timeline; upcoming events; review of staff and community ser- vice/relations. Motion by Lynch to receive and file the information. Seconded by Con- nors. Motion carried 6-0. 2. English Ridge Housing Urban Renewal Area - Correction of Legal Description with- in Urban Renewal Plan: City Manager recommending approval of a modification to the resolution and ordinance correcting the legal description for the English Ridge Housing Urban Renewal Plan. Motion by Jones to receive and file the documents and adopt Resolution No. 396-15 Amending Resolution No. 38-15 which approved the English Ridge Housing Urban Renewal Area by substituting a new Attachment D to correct the legal description for the English Ridge Housing Urban Renewal District. Seconded by Resnick. Motion carried 6-0. 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 16 prior to the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried 6-0. Motion by Jones for final consideration and passage of Ordinance No. 72-15 Amend- ing Ordinance No. 68-15 Approving the Urban Renewal Plan for the English Ridge Housing Urban Renewal Area to correct the legal description contained in the Ordi- nance and the Urban Renewal Plan for the English Ridge Housing Urban Renewal Ar- ea. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 396-15 AMENDING RESOLUTION NO. 380-15 WHICH APPROVED THE ENGLISH RIDGE HOUSING URBAN RENEWAL AREA BY SUBSTITUTING A NEW ATTACHMENT D TO CORRECT THE LEGAL DESCRIPTION FOR THE ENGLISH RIDGE HOUSING URBAN RENEWAL DISTRICT Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hear- ing as prescribed by law and pursuant to Resolution No. 380-15 passed and approved on the 2nd day of November, 2015, adopted an Urban Renewal Plan (the "Urban Re- newal Plan") for an urban renewal area known as the English Ridge Housing Urban Re- newal Area (the "Urban Renewal Project Area"); and Whereas, Attachment D to the Urban Renewal Project Area contains an error in the legal description. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution 380-15 is amended by deleting Attachment D to the Urban Re- newal Plan for the English Ridge Housing Urban Renewal Area and substituting At- tachment D attached hereto. Section 2. That the City Clerk of the City of Dubuque, Iowa, is hereby authorized and directed to file a certified copy of this Resolution and Attachment D, as amended, in the office of the Dubuque County Recorder. Passed, approved and adopted this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk OFFICIAL PUBLICATION ORDINANCE NO. 72-15 AMENDING ORDINANCE NO. 68-15 APPROVING THE URBAN RENEWAL PLAN FOR THE ENGLISH RIDGE HOUSING URBAN RENEWAL AREA TO CORRECT THE LEGAL DESCRIPTION CONTAINED IN THE ORDINANCE AND THE URBAN RENEWAL PLAN FOR THE ENGLISH RIDGE HOUSING URBAN RENEWAL AREA Whereas, the City Council of the City of Dubuque, Iowa, after public notice and hear- ing as prescribed by law and pursuant to Ordinance 68-15 passed and approved on the 2nd day of November, 2015, adopted an Urban Renewal Plan (the "Urban Renewal Plan") for an urban renewal area known as the English Ridge Housing Urban Renewal Area (the "Urban Renewal Project Area"); and Whereas, Section 1 of the ordinance should be amended to correct the legal descrip- tion. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 1 of Ordinance No. 68-15 is amended to read as follows: Section 1. For purposes of this Ordinance, the following terms have the following meanings: (a) Urban Renewal Project Area shall include that area described as follows: ALL THAT PART OF THE RIGHT OF WAY OF STONE VALLEY DRIVE LYING BETWEEN THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 20 AND THE WEST LINE OF ENGLISH RIDGE SUBDIVISION. LOTS B AND C ENGLISH RIDGE SUBDIVISION (CHESTERFIELD DR.), AND; LOT A ENGLISH RIDGE SUBDIVISION, AND; LOT L ENGLISH RIDGE SUBDIVISION, AND; LOT K ENGLISH RIDGE SUBDIVISION, AND; LOT J ENGLISH RIDGE SUBDIVISION, AND; LOTS 3 — 22, INCLUSIVE, IN BLOCK 1 ENGLISH RIDGE SUBDIVISION, AND; LOTS 1 —23, INCLUSIVE, IN BLOCK 2 ENGLISH RIDGE SUBDIVISION, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOT 1 IN ENGLISH RIDGE PLACE NO. 1; AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOTS 1 —21, INCLUSIVE, IN ENGLISH RIDGE SUBDIVISION NO. 2; AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOTS 22 - 42, INCLUSIVE, IN ENGLISH RIDGE SUBDIVISION NO. 3; AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOTS 53 IN ENGLISH RIDGE SUBDIVISION NO. 4, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOT B ENGLISH RIDGE SUBDIVISION NO. 5, AND; LOTS 43 - 52, INCLUSIVE, AND LOTS 54 - 64, INCLUSIVE, IN ENGLISH RIDGE SUBDIVISION NO. 6, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOT E ENGLISH RIDGE SUBDIVISION NO. 6, EXCEPTING THAT PORTION OF SAID LOT E LYING WITHIN THE PUBLIC RIGHT OF WAY OF ENGLISH MILL ROAD. (b) Urban Renewal Plan shall mean the Urban Renewal Plan for the English Ridge Housing Urban Renewal Area, approved by Resolution No. 380-15 on No- vember 2, 2015, as amended by Resolution 396-15 on November 16, 2015, as the same may be amended from time to time. Section 2. This Ordinance shall be in effect after its final passage, approval and pub- lication as provided by law. Passed and approved this 16th day of November, 2015. /s/Roy D. Buol, Mayor 18 Attest: is/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of November, 2015. /s/Kevin S. Firnstahl, City Clerk 3. Derby Grange, LLC - Agreement for Development of Property: City Manager rec- ommending approval of the Agreement with Derby Grange, LLC, for the development of property at the northwest corner of John F. Kennedy Road and Derby Grange Road. Motion by Lynch to receive and file the documents and adopt Resolution No. 397-15 Approving an Agreement between the City of Dubuque, Iowa and Derby Grange, LLC, for the development of property at the northwest corner of John F. Kennedy Road and Derby Grange Road. Seconded by Connors. Motion carried 6-0. RESOLUTION NO. 397-15 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DERBY GRANGE, LLC, FOR THE DEVELOPMENT OF PROPERTY AT THE NORTHWEST CORNER OF JOHN F. KENNEDY ROAD AND DERBY GRANGE ROAD Whereas, the City Council has identified Planned and Managed Growth as a Five- year City Goal; and Whereas, Planned and Management Growth includes exploring partnerships with de- velopers for residential development within the city of Dubuque; and Whereas, Derby Grange, LLC, is the owner of property at the northwest corner of John F. Kennedy Road and Derby Grange Road; and Whereas, Derby Grange, LLC, has expressed a desire to enter into an agreement with the City of Dubuque for the development of the Derby Grange, LLC, property as a City of Dubuque development; and Whereas, it is the determination of the City Council that approval of the attached Agreement between Derby Grange, LLC, and the City of Dubuque (the Agreement) is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agree- ment on behalf of the City and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to carry out the terms of the Agreement. Passed, approved, and adopted this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 4. Derby Grange, LLC, - Pre -Annexation Agreement: City Manager recommending approval of the Derby Grange, LLC, Pre -Annexation Agreement and covenants for property located at the northwest corner of John F. Kennedy Road and Derby Grange Road, in accordance with the City of Dubuque's Fringe Area Development Standards. Motion by Jones to receive and file the documents and adopt Resolution No. 398-15 19 Approving a Pre -Annexation Agreement, Covenant Pertaining to Water Service, and Covenant Assessment of Costs of Improvements between the City of Dubuque, Iowa and Derby Grange, LLC. Seconded by Lynch. Motion carried 6-0. RESOLUTION NO. 398-15 APPROVING A PRE -ANNEXATION AGREEMENT, COVENANT PERTAINING TO WATER SERVICE, AND COVENANT ASSESSMENT OF COSTS OF IMPROVE- MENTS BETWEEN THE CITY OF DUBUQUE, IOWA AND DERBY GRANGE, LLC Whereas, Derby Grange, LLC, the owner of the following described property in Dubuque County, Iowa (the Property) has submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 1 Tscharner Place #4; and Whereas, Derby Grange, LLC, has entered into a Pre -Annexation Agreement, Cove- nant Pertaining to Water Service, and Covenant Assessment of Costs of Improvements with the City of Dubuque, copies of which are attached hereto governing the future an- nexation 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, Covenant Pertaining to Water Service, and Covenant Assessment of Costs of Improvements by and between Derby Grange, LLC and the City of Dubuque are hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agree- ment and Covenants on behalf of the City and the City Clerk is authorized and directed to attest to his signature. Passed, approved and adopted this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. REAP Grant Agreement with IDNR - Eagle Point Park: City Manager recommend- ing approval of the Fiscal Year 2016 REAP Grant Agreement with the Iowa Department of Natural Resources for the Eagle Point Park Environmental Restoration Project. Mo- tion by Connors to receive and file the documents and adopt Resolution No. 399-15 Au- thorizing REAP Grant Agreement with Iowa Department of Natural Resources for Eagle Point Park Environmental Restoration Project. Seconded by Jones. Motion carried 6-0. RESOLUTION NO. 399-15 20 AUTHORIZING REAP GRANT AGREEMENT WITH IOWA DEPARTMENT OF NATU- RAL RESOURCES FOR EAGLE POINT PARK ENVIRONMENTAL RESTORATION PROJECT Whereas, the Iowa Department of Natural Resources has allocated grant funds from REAP (Resource Enhancement and Protection) for projects that help establish natural areas, encourage outdoor recreation, and enhance and protect Iowa's natural and cul- tural resources; and Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that in- cludes goals for environmental quality, park improvements, and stormwater manage- ment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the FY 2016 REAP Grant Agree- ment with the Iowa Department of Natural Resources for the Eagle Point Park Environ- mental Restoration Project in the amount of $200,000. Section 2. That the City Council hereby provides its written assurance that the com- pleted project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Applewood IV Urban Revitalization Area Designation (Lange Estate): City Manager recommending approval of a petition for Urban Revitalization Area Designation from Horizon for a 60 unit affordable senior housing development at 3275 Pennsylvania Ave- nue titled Applewood IV. Motion by Jones to receive and file the documents and adopt Resolution No. 400-15 Finding that the designation of the Lange Estate Urban Revitali- zation Plan is necessary to encourage needed housing and residential development providing safe, affordable housing for the residents of the City of Dubuque, Iowa. Se- conded by Connors. City Manager Van Milligen addressed questions from the City Council about available data on the need for senior housing. Motion carried 6-0. RESOLUTION NO. 400-15 FINDING THAT THE DESIGNATION OF THE LANGE ESTATE URBAN REVITALI- ZATION PLAN IS NECESSARY TO ENCOURAGE NEEDED HOUSING AND RESI- DENTIAL DEVELOPMENT PROVIDING SAFE, AFFORDABLE HOUSING FOR THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA Whereas, the City Council of the City of Dubuque finds that the property at 3275 Pennsylvania Avenue (Property) is currently vacant and underutilized, and Horizon (Horizon) has proposed to develop the Property by constructing a 60 -unit residential housing development for seniors; and Whereas, the City supports the development and construction of housing and resi- dential properties which provide quality, affordable housing; and Whereas, the Property is located in an area eligible for the Urban Revitalization Tax Exemption program; and 21 Whereas, in the area proposed for designation under the Urban Revitalization Act there is need for public improvements related to housing and the encouragement of housing and residential development as defined by Section 404.1(5) of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to re- ceive a one hundred percent exemption from taxation on the actual value added by the improvements for a period of ten years so long as it is assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five percent of the space used for residential purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The new construction housing development at the Property legally de- scribed as Lot Two of Lange Estate in the County of Dubuque, City of Dubuque, Iowa, ac- cording to the recorded plat thereof is deemed necessary and in the interest of the residents of the City. Section 2. That the City Council supports the Horizon Petition asking the Property be designated an Urban Revitalization Area and supports Horizon's efforts to receive a tax credit award from the Iowa Finance Authority for this Development. Section 3. The City Council approves supporting the project and authorizes staff to work with the City Assessor to complete the form 5S for the Developer's submission to the Iowa Finance Authority prior to the December 7, 2015 deadline for consideration. Section 4. The proposed Development is consistent with the City of Dubuque's af- fordable housing strategies and goal to implement the City's comprehensive plan. Passed, approved and adopted this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Marquette Hall- Petition for Urban Revitalization Designation (Sacred Heart School): City Manager recommending approval of a petition for Urban Revitalization Ar- ea Designation from Cohen -Esrey Affordable Partners for the former Sacred Heart Ele- mentary School, being called Marquette Hall, at 2222 Queen Street. Motion by Lynch to receive and file the documents and adopt Resolution No. 401-15 Finding that the desig- nation of the Marquette Hall Urban Revitalization Plan is necessary in the interest of the public health, safety, and welfare of the residents of the City of Dubuque, Iowa. Se- conded by Jones. City Manager Van Milligen responded to questions from the City Council regarding assessed value as it applies to tax-exempt status of church property vs. income -generating properties following development. Motion carried 6-0. RESOLUTION NO. 401-15 FINDING THAT THE DESIGNATION OF THE MARQUETTE HALL URBAN REVITAL- IZATION PLAN IS NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA Whereas, the City Council of the City of Dubuque finds that the property at 2222 Queen Street, (Property) is currently vacant and underutilized, and Cohen -Esrey Af- 22 fordable Partners (Cohen -Esrey) has proposed to develop the Property by rehabilitating the former Sacred Heart Elementary School into 28 historic and affordable senior apartments; and Whereas, the City supports the development and construction of housing and resi- dential properties which provide quality, affordable housing; and Whereas, the Property is located in an area eligible for the Urban Revitalization Tax Exemption program; and Whereas, in the area proposed for designation under the Urban Revitalization Act is an area in which there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to projective use Section 404.1(3) of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to re- ceive a one hundred percent exemption from taxation on the actual value added by the improvements for a period of ten years so long as it is assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five percent of the space used for residential purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The new construction housing development at the Property legally de- scribed as Lot #'s 31,32,33,34 Sanford Sub., according to the recorded plat thereof is deemed necessary and in the interest of the residents of the City. Section 2. That the City Council supports the Cohen-Esrey's Petition asking the Property be designated an Urban Revitalization Area and supports Cohen-Esrey's ef- forts to receive a tax credit award from the Iowa Finance Authority for this Development. Section 3. The City Council approves supporting the project and authorizes staff to work with the City Assessor to complete the form 5S for the Developer's submission to the Iowa Finance Authority prior to the December 7, 2015 deadline for consideration. Section 4. The proposed Development is consistent with the City of Dubuque's af- fordable housing strategies and goal to implement the City's comprehensive plan. Passed, approved and adopted this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 8. Paragon Square - Urban Revitalization District Designation Petition (Holy Ghost School): City Manager recommending approval of a petition for Urban Revitalization Ar- ea Designation from Frantz Community Investors for the Paragon Square Urban Revi- talization District. Motion by Connors to receive and file the documents and adopt Reso- lution No. 402-15 Finding that the designation of the Paragon Square Urban Revitaliza- tion Plan is necessary for rehabilitation and conservation of the hereinafter described property and Urban Revitalization Area is necessary in the interests of the public health, safety, and welfare of the residents of the City. Seconded by Jones. Motion carried 6-0. 23 RESOLUTION NO. 402-15 FINDING THAT THE DESIGNATION OF THE PARAGON SQUARE URBAN REVI- TALIZATION PLAN IS NECESSARY FOR REHABILITATION AND CONSERVATION OF THE HERINAFTER DESCRIBED PROPERTY AND URBAN REVITALIZATION AREA IS NECESSARY IN THE INTERESTS OF THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY Whereas, the City Council of the City of Dubuque finds that the properties at 2887 - 2901 Central Avenue (Property) are currently vacant and underutilized, and Frantz Community Investors has proposed to rehabilitate the Property and create 29 senior af- fordable apartments and restore both buildings on the proposed parcels to their original historic significance; and Whereas, the City supports Economic Development, Historic Preservation, and pro- motes Affordable Housing to benefit the citizens of Dubuque; and Whereas, the Property is located in an area eligible for the Urban Revitalization Tax Exemption program; and Whereas, in the area proposed for designation under the Urban Revitalization Act there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use as de- fined by Section 404.1(3) of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to re- ceive a one hundred percent exemption from taxation on the actual value added by the improvements for a period of ten years so long as it is assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five percent of the space used for residential purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation of the hereinafter described Property legally de- scribed as 2887 Central Avenue — Lot 2 — I Paragon Square, Dubuque, Iowa 2901 Central Avenue — Lot 1 — I Paragon Square, Dubuque, Iowa, according to the recorded plat thereof is deemed necessary in the interest the residents of the City. Section 2. That the City Council supports Frantz Community Investors' Petition that 2887 - 2901 Central Avenue be designated a Urban Revitalization Area and supports the developer's efforts to receive a tax credit award from the Iowa Finance Authority for this Development. Section 3. That the City Council approve the resolution supporting he project and au- thorize staff to work with the City Assessor to complete the form 5S for submission by Developer prior to December 7, 2015 deadline for consideration. Section 4. That the proposed Development is consistent with the City of Dubuque's affordable housing strategies and its goal to implement its comprehensive plan. Passed, approved and adopted this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 24 9. University Lofts - Petition for Urban Revitalization Designation (Nativity School): City Manager recommending recommends approval of a petition for Urban Revitaliza- tion Area Designation from MV Residential Development for the University Lofts Urban Revitalization Area District. Motion by Lynch to receive and file the documents and adopt Resolution No. 403-15 Finding that the designation of the University Lofts Urban Revitalization Plan is necessary to encourage needed housing and residential develop- ment providing safe, affordable housing for the residents of the City of Dubuque. Se- conded by Resnick. Housing and Community Development Director Alvin Nash assured the City Council that this and the previously considered projects will have on-site man- agement. Motion carried 6-0. RESOLUTION NO. 403-15 FINDING THAT THE DESIGNATION OF THE UNIVERSITY LOFTS URBAN REVI- TALIZATION PLAN IS NECESSARY TO ENCOURAGE NEEDED HOUSING AND RESIDENTIAL DEVELOPMENT PROVIDING SAFE, AFFORDABLE HOSUING FOR THE RESIDENTS OF THE CITY OF DUBUQUE Whereas, the City Council of the City of Dubuque finds that the properties at Parcel ID#1025101003, part of a 5.48 acre tract currently conveyed to Church of the Nativity, beginning at the intersection of the north right-of-way line of University Avenue with the westerly right-of-way of Alta Vista Street (Property) which MV Residential Development has proposed to develop the Property and create 56 units of senior multi -family housing; and Whereas, the City supports the development and construction of housing and resi- dential properties which provide quality, affordable housing; and Whereas, the Property is located in an area eligible for the Urban Revitalization Tax Exemption program; and Whereas, in the area proposed for designation under the Urban Revitalization Act there is a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use as de- fined by Section 404.1(5) of the Iowa Code; and Whereas, through the Urban Revitalization Program, the Property is eligible to re- ceive a one hundred percent exemption from taxation on the actual value added by the improvements for a period of ten years so long as it is assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy-five percent of the space used for residential purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the rehabilitation of the hereinafter described Property legally de- scribed as Being part of a 5.48 acre tract currently conveyed to Church of the Nativity (current Parcel ID#1025101003), Dubuque County, Iowa, and more particularly de- scribed as follows: Beginning at the intersection of the north right-of-way line of University Avenue with the westerly right-of-way of Alta Vista Street; 25 Thence from said point of beginning, with said north right-of-way line, South 79°00'00" West, for a distance of 224.71 feet, Thence leaving said right-of-way line, on the following three (3) courses and dis- tances: 1. North 9°00'00 West, for a distance of 99.95 feet; 2. North 34°00'00" West, for a distance of 190.96 feet; 3. North 58°00'00" East, for a distance of 177.42 feet to the aforementioned west- erly right-of-way of Alta Vista Street; Thence with said right-of-way line, South 32°00'00" East, for a distance of 362.45 feet to the point of beginning, containing approximately 1.36 +/- acres and being subject to any easements, restrictions, covenants, ordinances, or agreements of record. This legal description is not based on field verified boundary or boundary retracement survey. is deemed necessary in the interest the residents of the City. Section 2. That the City Council supports MV Residential Development's Petition that the Property be designated a Urban Revitalization Area and supports the developer's efforts to receive a tax credit award from the Iowa Finance Authority for this Develop- ment. Section 3. That the City Council approve the resolution supporting he project and au- thorize staff to work with the City Assessor to complete the form 5S for submission by Developer prior to December 7, 2015 deadline for consideration. Section 4. That the proposed Development is consistent with the City of Dubuque's affordable housing strategies and its goal to implement its comprehensive plan. Passed, approved and adopted this 16th day of November, 2015. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. City Attorney's Office: City Attorney submitting a proposal for future staffing in the City Attorney's Office. Motion by Lynch to receive and file the documents and accept the City Attorney's proposal to transition to part-time effective September 2016 and consid- er applications from the assistant city attorneys for full-time City Attorney. Seconded by Connors. Motion carried 6-0. 11. Request for Work Session on Source of Income Update: City Manager requesting a work session with the City Council on December 21, 2015 at 5:15 p.m. to discuss the Source of Income process. Motion by Lynch to receive and file the documents and set the work session as recommended. Seconded by Jones. Motion carried 6-0. 12. Request to Schedule Work Session on Community Engagement: City Manager requesting a work session with the City Council on February 1, 2016 at 5:00 p.m. to provide an update on Community Engagement. Motion by Lynch to receive and file the documents and set the work session as recommended. Seconded by Connors. Motion carried 6-0. 26 COUNCIL MEMBER REPORTS Council Member Connors requested City Council concurrence on having the City At- torney's Office research best practices on how public input is managed at other Council meetings in Iowa for future discussion by City Council. Concurred. Council Member Jones thanked Boy Scout Troop 94 for being in attendance. There being no further business, upon motion the City Council adjourned at 8:49 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 27