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10 27 16 City Council Proceedings Official_SpecialCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 6:00 p.m. on October 27, 2016 in Conference Room B, City Hall, 50 W. 13th Street. Present: Mayor Buol; Council Members Connors, Del Toro (via telephone), Jones, Lynch, Resnick (via telephone), Rios; City Manager Van Milligen, City Attorney Brum- well Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting such business that may properly come before the City Council. 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. HUD National Disaster Resiliency Competition Agreement - Bee Branch Water- shed Flood Mitigation Infrastructure Improvements: City Manager recommending ap- proval to enter into a contract with the Iowa Economic Development Authority in order for the City to utilize Community Development Block Grant Program Disaster Recovery - National Disaster Resiliency funds for the Bee Branch Watershed Flood Mitigation Pro- ject and further recommends adjusting the funding schedule for the various phases of the Bee Branch Watershed Flood Mitigation Project through the Capital Improvement Program budget process. Upon motion the documents were received and filed and Resolution No. 362-16 Approving the Funding Contract between the Iowa Economic Development Authority and the City of Dubuque, Iowa for the City's Receipt of HUD Community Development Block Grant National Disaster Resilience Competition Fund- ing for Infrastructure improvements associated with the Bee Branch Watershed Flood Mitigation Project was adopted. RESOLUTION NO. 362-16 APPROVING THE FUNDING CONTRACT BETWEEN THE IOWA ECONOMIC DE- VELOPMENT AUTHORITY AND THE CITY OF DUBUQUE, IOWA FOR THE CITY'S RECEIPT OF HUD COMMUNITY DEVELOPMENT BLOCK GRANT NATIONAL DIS- ASTER RESILIENCE COMPETITION FUNDING FOR INFRASTRUCURE IMPROVE- MENTS ASSOCIATED WITH THE BEE BRANCH WATERSHED FLOOD MITIGA- TION PROJECT Whereas, six Presidential Disaster Declarations have been issued for flooding, se- vere storms and tornados between 1999 and 2011 due to flash flooding in the Bee Branch Watershed; and 1 Whereas, the City Council of the City of Dubuque (the City) has adopted a drainage basin master plan that outlines improvements to mitigate flooding collectively referred to as the Bee Branch Watershed Flood Mitigation Project (the Project); and Whereas, the Project consists of multiple phases, including the Bee Branch Creek Restoration Project, the 22nd Street Storm Sewer Improvements Project, and the 17th Street Storm Sewer Improvements Project; and Whereas, the adopted Fiscal Year 2017-2021 Capital Improvement Program Budget included $3,900,000 for the 22nd Street Storm Sewer Improvements Project; $8,681,000 for the 17th Street Storm Sewer Improvements Project; and $18,248,700 for the culverts under the Canadian Pacific Railway property as part of the Bee Branch Creek Restora- tion Project (the Infrastructure Improvements); and Whereas, the Iowa Economic Development Authority (Authority) submitted an appli- cation for funds from the United State Department of Housing and Urban Development (HUD) under the Disaster Relief Appropriations Act, 2013, Public Law 113-2, for the Community Development Block Grant National Disaster Resilience (CDBG-NDR) com- petition on behalf of the City and the City agreed to abide by the application terms and conditions; and Whereas, the Authority received funds under the Disaster Relief Appropriations Act, 2013. (Public Law 113-2) under the CDBG-NDR program; and Whereas, the Authority has provided a Funding Contract (Contract) outlining the terms under which it will disperse the $23,309,600.00 in Community Development Block Grant Program Disaster Recovery — National Disaster Resiliency funds for the Bee Branch Watershed Flood Mitigation Project; and Whereas, the City Council has determined that execution of the Contract is in the best interest of the City of Dubuque; and Whereas, the Contract requires the City to construct all of the Infrastructure Im- provements by the end of Fiscal Year 2021; and Whereas, the schedule for the various phases of the Bee Branch Watershed Flood Mitigation Project, including the Infrastructure Improvements identified herein, was es- tablished through the adoption of Resolution 176-15; and Whereas, Adjusting the various phases of the Bee Branch Watershed Flood Mitiga- tion Project is necessary to construct all of the Infrastructure Improvements by the end of Fiscal Year 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Mayor is hereby authorized to execute the Contract and such other documents as are necessary to bind the City and to deliver the Contract and such other documents as the Iowa Economic Development Authority may reasonably request. Section 2. Resolution 176-15 establishing the schedule for the Bee Branch Water- shed Flood Mitigation Project is hereby rescinded. Passed, approved and adopted this 27th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. HUD National Disaster Resiliency Competition Agreement - Bee Branch Healthy Homes Resiliency Program: City Manager recommending approval to enter into a con - 2 tract with the Iowa Economic Development Authority in order for the City of Dubuque to use Community Development Block Grant Program Disaster Recovery funds, awarded as a result of the National Disaster Resiliency Competition grant, for the City of Dubu- que to operate the Bee Branch Healthy Homes Resiliency Program. Upon motion the documents were received and filed and Resolution No. 363-16 Approving the Funding Contract between the Iowa Economic Development Authority and the City of Dubuque, Iowa for the City's receipt of HUD Community Development Block Grant National Disas- ter Resilience Competition Funding for Bee Branch Healthy Homes Resiliency Program associated with the Bee Branch Watershed Flood Mitigation Project was adopted. RESOLUTION NO. 363-16 APPROVING THE FUNDING CONTRACT BETWEEN THE IOWA ECONOMIC DE- VELOPMENT AUTHORITY AND THE CITY OF DUBUQUE, IOWA FOR THE CITY'S RECEIPT OF HUD COMMUNITY DEVELOPMENT BLOCK GRANT NATIONAL DIS- ASTER RESILIENCE COMPETITION FUNDING FOR BEE BRANCH HEALTHY HOMES RESILIENCY PROGRAM ASSOCIATED WITH THE BEE BRANCH WATER- SHED FLOOD MITIGATION PROJECT Whereas, six Presidential Disaster Declarations have been issued for flooding, se- vere storms and tornados between 1999 and 2011 due to flash flooding in the Bee Branch Watershed; and Whereas, the City Council of the City of Dubuque (the City) has adopted a drainage basin master plan that outlines improvements to mitigate flooding collectively referred to as the Bee Branch Watershed Flood Mitigation Project (the Project); and Whereas, the Project consists of multiple phases, including the Bee Branch Creek Restoration Project, the 22nd Street Storm Sewer Improvements Project, and the 17th Street Storm Sewer Improvements Project; and Whereas, there is a need to assist residents in the Bee Branch Watershed address the residual impacts of multiple instances of storms and severe flooding; and Whereas, the Bee Branch Healthy Homes Resiliency Program will provide repair, re- habilitation, and resiliency improvements for 320 housing units within the Bee Branch Watershed target areas; and Whereas, the Bee Branch Healthy Homes Resiliency Program will provide Home Ad- vocacy services to support the development of resilient neighborhoods for participants in the Bee Branch Healthy Homes Resiliency Program; and Whereas, the Iowa Economic Development Authority (Authority) submitted an appli- cation for funds from the United State Department of Housing and Urban Development (HUD) under the Disaster Relief Appropriations Act, 2013, Public Law 113-2, for the Community Development Block Grant National Disaster Resilience (CDBG-NDR) com- petition on behalf of the City and the City agreed to abide by the application terms and conditions; and Whereas, the Authority received funds under the Disaster Relief Appropriations Act, 2013. (Public Law 113-2) under the CDBG-NDR program; and Whereas, the Authority has provided a Funding Contract (Contract) outlining the terms under which it will disperse the $8,900,165 in Community Development Block Grant Program Disaster Recovery - National Disaster Resiliency funds for the Bee Branch Healthy Homes Resiliency Program; and 3 Whereas, the City Council has determined that execution of the Contract is in the best interest of the City of Dubuque; and Whereas, the Contract requires the City to provide resiliency measures and im- provements to 320 homes in the Bee Branch Watershed target areas by the end of Sep- tember 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The Mayor is hereby authorized to execute the Contract and such other documents as are necessary to bind the City and to deliver the Contract and such other documents as the Iowa Economic Development Authority may reasonably request. Passed, approved and adopted this 27th day of October, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3. Temporary Transfer of Alcohol License - Rotary Club of Dubuque: City Clerk rec- ommending approval of a temporary liquor license transfer for Rotary Club of Dubuque for an event on November 5 and 6, 2016 at Steeple Square. Upon motion the docu- ments were received and filed and Resolution No. 364-16 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 Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 364-16 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: Transfer Rotary Club of Dubuque 135 W. 8th St to Special Class C liquor (Outdoor) 1584 White St. (Sunday) Passed, approved and adopted this 27th day of October, 2016. Attest: Kevin S. Firnstahl, City Clerk 4 Roy D. Buol, Mayor 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. North Cascade Road Urban Renewal Area Amendment: City Manager recom- mending approval of a Resolution of Necessity that finds that an Amended and Restat- ed Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area is both necessary and appropriate, and sets a public hearing on the proposed plan for No- vember 21, 2016. Upon motion the documents were received and filed and Resolution No. 365-16 of Necessity finding that certain property in and near the North Cascade Road Urban Renewal Area is an Economic Development Area and that the develop- ment of said Area is necessary in the interest of the residents of the City of Dubuque, Iowa and setting a date for hearing on a proposed Amended and Restated Urban Re- newal Plan for said Area was adopted setting a public hearing for a meeting to com- mence at 6:00 p.m. on November 21, 2016 in the Historic Federal Building. RESOLUTION NO. 365-16 RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IN AND NEAR THE NORTH CASCADE ROAD URBAN RENEWAL AREA IS AN ECONOMIC DE- VELOPMENT AREA AND THAT THE DEVELOPMENT OF SAID AREA IS NECES- SARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA AND SETTING A DATE FOR HEARING ON A PROPOSED AMENDED AND RE- STATED URBAN RENEWAL PLAN FOR SAID AREA Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 380- 15, adopted November 2, 2015 as amended by Resolution 396-15, adopted November 16, 2015, approved the Urban Renewal Plan (the "Urban Renewal Plan") for the North Cascade Road Housing Urban Renewal Area (the "Area") in order to stimulate, through public involvement and commitment, private investment in new housing and residential development as defined by Iowa Code 403.17(12), as described in the Urban Renewal Plan; and Whereas, City staff has recommended that the Urban Renewal Plan be amended to add additional areas and current project details, including the acquisition and construc- tion of expanded water infrastructure to better serve the Area; and Whereas, the City Council has determined that the area described in Attachments A and B to this Resolution meets the definition of an economic development area as de- fined in Chapter 403 "Urban Renewal" of the Iowa Code, and staff has advised that all required consents from Dubuque County and the owners of any agricultural land have been obtained; and Whereas, a significant need for housing units exists in the community and local re- sources are needed to advance the development; and Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the area in question is a slum, blighted or economic development area, and that so designating 5 such area is necessary in the interest of the public health, safety or welfare of the resi- dents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the area generally described in Attachment A to this Resolution is an economic development area as defined by Chapter 403 of the Iowa Code and is appro- priate for an urban renewal project and public improvements related to housing and res- idential development. Section 2. That the further development of the amended North Cascade Road Hous- ing Urban Renewal Area is necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning and local com- munity objectives. Section 3. That the development of this area will provide new opportunities for quality housing and job creation in the community. Section 4. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Re- newal Area, to forward said Plan to the City's Long Range Planning Commission for re- view and comment and to begin the consultation process required by law with affected taxing entities. Section 5. That the City Clerk is directed to publish notice of a public hearing on the adoption of an Amended and Restated Urban Renewal Plan for the North Cascade Road Housing Urban Renewal Area to be held on the 21 st day of November, 2016, at 6:00 p.m. in the Historic Federal Building in Dubuque, Iowa 350 W. 6th Street, Dubu- que, Iowa and that said notice shall generally identify the area covered by the Plan and the general scope of the Urban Renewal Plan activities planned for such area. Section 6. That the City Clerk is further directed to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubuque Community School District, and the County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 27th day of October, 2016. Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS Roy D. Buol, Mayor 1. Request to Schedule Special Council Meeting for Closed Session: City Manager requesting the Mayor and City Council schedule a Special City Council Meeting for Monday, October 31, 2016 at 5:30 p.m. in Conference Room A located in the basement of City Hall, for the purpose of holding a Closed Session on property disposition. Re- stated motion by Connors following Council discussion of schedules to receive and file the documents and set the meeting on Thursday, November 3, 2016 at 5:30 p.m. in Conference Room A, City Hall. Seconded by Lynch. Motion carried 7-0. There being no further business, upon motion the City Council adjourned at 5:05 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 6