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10 16 17 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:00 p.m. on October 16, 2017 in the Historic Federal Building, 350 W. 6m Street. Present: Mayor Buol; Council Members Connors, Del Toro (arrived at 6:02 p.m.), Jones, Lynch, Resnick, Rios; City Manager Van Milligen, City Attorney Brumwell (via phone) 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. CNG Truck Display: Prior to the meeting, the Public Works Department had the new Compressed Natural Gas (CNG) 58,000 GVW snow and ice control/street maintenance unit and pickup truck on display along 6th Street. 2. Imagine Dubuque American Planning Association Award: Planning Services Man- ager Laura Carstens presented the Public Outreach award from the Dubuque Iowa Chap- ter of the American Planning Association (APA) to the City of Dubuque and Teska Asso- ciates, Inc. for the Imagine Dubuque Community Engagement Plan. 3. Dubuque Main Street 2017 Best Public Improvement Award: Dubuque Main Street Executive Director Dan LoBianco presented the agency's 2017 Best Public Improvement Award to the City for the Bee Branch Creek Greenway. 4. American Public Works Association Fall Conference Awards: Civil Engineer Jon Dienst, current president of the Iowa Chapter of the APWA, presented the APWA Iowa Chapter's Stan Ring Award to Public Works Director John Klostermann and the APWA Project of the Year Award to the City for the North Grandview Ave./Delhi St./Grace St. Roundabout project. PROCLAMATION(S) 1. Theisen's Day (October 18, 2017) was accepted by Mayor Buol. 2. Lights on After School Day (October 26, 2017) was accepted by Beth McGorry, St. Mark Youth Enrichment Outreach Coordinator 1 3. Gentleman Day Proclamation (October 26, 2017) was accepted by Waypoint of Dubuque representatives. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Connors. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 10/2, 10/3; Five Flags Civic Center Commission of 9/25; Historic Preservation Commission of 9/21; Library Board of Trustees Council Update #154 of 9/27; Park and Recreation Commission of 9/19; Transit Advisory Board of 9/19; Zoning Advisory Commission of 10/4; Zoning Board of Adjustment of 9/28; Proof of Publication for City Council Proceedings of 9/18; Proof of Publication for List of Claims and Summary of Revenues for Month Ending 8/31. Upon motion the documents were received and filed. 2. Notice of Claims and Suits: Shirley Bolds for personal injury, Kevin Chapman for vehicle damage, Jennifer Griner for vehicle damage, Bruce Krolick for vehicle damage, Clarella Lange for property damage, Stephanie Mihalakis for vehicle damage. Upon mo- tion 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: Shirley Bonds for personal injury, Kevin Chapman for vehicle damage, Mi- chael Elliott for property damage, Jennifer Griner for vehicle damage, Bruce Krolick for vehicle damage, Clarella Lange for property damage, Stephanie Mihalakis for vehicle damage, Aaron and Ashley Skrocki for property damage. Upon motion the documents were received, filed, and concurred. 4. Four Mounds Public Information Brochure: City Manager transmitting the Four Mounds public information brochure. Upon motion the document was received and filed. 5. Authorized Depository Institutions: City Manager recommended approval of a reso- lution increasing the maximum authorized balance at DuTrac Community Credit Union. Upon motion the documents were received and filed and Resolution No. 339-17 Naming Depositories was adopted. RESOLUTION NO. 339-17 RESOLUTION NAMING DEPOSITORIES Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a finan- cial institution as a depository shall be by written resolution or order which shall be entered of record in the minutes of the approving board, and which shall distinctly name each depository approved, and specify the maximum amount which may be kept on deposit in each depository; and 2 Whereas, this procedure is required if a financial institution changes its name or home office location, if the maximum amount is changed, or if a financial institution is added or deleted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the following financial institutions are approved to be depositories of the City of Dubuque, Iowa funds in conformance with all applicable provisions of the 2001 Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respec- tive financial institution as set out below. Depository Name Location of Home Office Maximum Balance American Trust & Savings Bank Dubuque, Iowa $60,000,000 Dubuque Bank & Trust Company Dubuque, Iowa $60,000,000 U.S. Bank Minneapolis, Minnesota $40,000,000 Dupaco Community Credit Union Dubuque, Iowa $20,000,000 DuTrac Community Credit Union Dubuque, Iowa $30,000,000 Premier Bank Dubuque, Iowa $20,000,000 East Dubuque Savings Bank Dubuque, Iowa $20,000,000 Fidelity Bank & Trust Dyersville, Iowa $40,000,000 Frost Bank San Antonio, Texas $ 100,000 Hometown Bank Fond du Lac, Wisconsin $ 250,000 Passed, approved and adopted this 16th day of October, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Consent Decree Semi Annual Report - September 30, 2017: City Manager transmit- ting the September 30, 2017 Semi Annual Consent Decree Report that has been submit- ted to the United States Environmental Protection Agency as required by the Consent Decree. Upon motion the document was received and filed. 7. Compromised Workers' Compensation Settlement - Alan Vondran: City Attorney Crenna Brumwell recommended approval of a Compromised Settlement Agreement re- garding a Workers' Compensation claim filed by Alan Vondran. Upon motion the docu- ments were received, filed and approved. 8. Forestry Technician Classification: City Manager requesting that the vacant Mainte- nance Worker position in the Forestry activity of the Leisure Services Department be re- classified as a Forestry Technician to better meet the needs of the department. Upon motion the documents were received, filed and approved. 9. Pre -Annexation Agreement — McAllister: City Manager recommended approval of a Pre -Annexation Agreement with Patrick T. and Bonnie J. McAllister, property owners of Lot 14 in Twin Ridge Subdivision No. 5. Upon motion the documents were received and filed and Resolution No. 340-17 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Patrick T. and Bonnie J. McAllister was adopted. 3 RESOLUTION NO. 340-17 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND PATRICK T. AND BONNIE J. MCALLISTER Whereas, Patrick T. and Bonnie J. McAllister, owners of the following described prop- erty in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 14 in Twin Ridge Subdivision No. 5 in Section 12 in Table Mound Township, Dubu- que County, Iowa, according to the recorded plat thereof; and Whereas, Patrick T. and Bonnie J. McAllister 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 interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Patrick T. and Bonnie J. McAllister and the City of Dubuque is hereby approved. Passed, approved and adopted this 16th day of October, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 10. Pre -Annexation Agreement — Quade: City Manager recommended approval of a Pre -Annexation Agreement with Mark W. Quade and E. M. Quade Company, LLC., for the subject property (between Swiss Valley Road and U.S. Hwy 151 known formerly as Fulmer Road and in conjunction with approval of the Plat of Survey of Waldbillig Farm, Dubuque County). Upon motion the documents were received and filed and Resolution No. 341-17 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Mark W. Quade and E. M. Quade Company, LLC, an Iowa Limited Liability Company was adopted. RESOLUTION NO. 341-17 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND MARK W. QUADE AND E. M. QUADE COMPANY, LLC., AN IOWA LIMITED LIABILITY COMPANY Whereas, Mark W. Quade and E. M. Quade Company, LLC., an Iowa Limited Liability Company, the owner of the following described property in Dubuque County, Iowa (the 4 Property) have submitted to the City Council of the city of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 2 of the "area known formerly as the Fulmer Road" of the NE 1/4 NW Y4, remainder of the NEY4NWY4, SEY4NWY4, NEY4SWY4, Lot 1 of the SEY4SWY4,all ofSection 21 & Lot 2 of the NE 1/4 NW 1/4 of Section 28, all of T88N, R2E of the 5th P.M. in Dubuque County, Iowa; and Whereas, Mark W. Quade and E. M. Quade Company, LLC., an Iowa Limited Liability Company has entered into a Pre -annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Mark W. Quade and E. M. Quade Company, LLC., an Iowa Limited Liability Company and the City of Dubuque is hereby approved. Passed, approved and adopted this 16th day of October, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 11. Site Plan for Dagmar Industries, LLC - Cedar Lake Plaza Planned Unit Develop- ment (PUD): The Zoning Advisory Commission recommended approval of the site plan for Dagmar Industries, LLC in Cedar Lake Plaza PUD on Lake Ridge Drive. Upon motion the documents were received, filed and approved. 12. Creek Wood Park - Acceptance of Deed for Park Lot 12 in Timber-Hyrst Estates: City Manager recommended acceptance of property from North Cascade Road Develop- ers, LLC for Creek Wood Park. Upon motion the documents were received and filed and Resolution No. 342-17 Accepting the Deed to certain real estate in Dubuque County, Iowa from North Cascade Road Developers, LLC was adopted. RESOLUTION NO. 342-17 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM NORTH CASCADE ROAD DEVELOPERS, LLC Whereas, North Cascade Road Developers is the owner of certain real property in Dubuque County, Iowa, described as follows: Lot 12 of Timber-Hyrst Estates in the City of Dubuque, Iowa; and 5 Whereas, said real property is needed to construct a public park in the Timber-Hyrst Estates Subdivision; and Whereas, North Cascade Road Developers have executed a Deed conveying said real estate to the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque, Iowa, hereby accepts the Deed from North Cascade Road Developers, LLC, a copy of which Deed is attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 161h day of October, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 13. Grant of Easement for Sanitary Sewer Utility across Blue Sky, Inc. in Asbury Plaza: City Manager recommended acceptance of a Grant of Easement for Sanitary Sewer Util- ity across Blue Sky, Inc. property at Lot 2 of Asbury Plaza No. 16, as part of the Derby Grange Sanitary Sewer Extension Project. Upon motion the documents were received and filed and Resolution No. 343-17 Accepting a Grant of Easement for Sanitary Sewer Utility through, over and across part of Lot 2 of Asbury Plaza No. 16, City of Dubuque, Iowa was adopted. RESOLUTION NO. 343-17 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH, OVER AND ACROSS PART OF LOT 2 OF ASBURY PLAZA NO. 16, CITY OF DUBU- QUE, IOWA Whereas, Blue Sky, Inc. has executed a Grant of Easement for Sanitary Sewer Utility through, over and across part of Lot 2 of Asbury Plaza No. 16, 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, accepts and consents to the Grant of Easement for Sanitary Sewer Utility through, over and across Part of Lot 2 of Asbury Plaza No. 16, City of Dubuque, Iowa as shown on the attached Grant of Easement for Sanitary Sewer Utility and Exhibit A, from Blue Sky, 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. The City Clerk is hereby authorized to and directed to record this resolution and Grant of Easement for Sanitary Sewer Utility with the Dubuque County Recorder. Passed, approved and adopted this 16th day of October, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6 14. Kerper Blvd. Fiber Project - Elm Street to 16th Street - Project Award: City Manager recommended that the public improvement contract award for the Kerper Boulevard Fiber Project — Elm Street to 16th Street, to Utility Service Contractors be officially recorded in the minutes of the City Council. Upon motion the document was received, filed and made a Matter of Record. 15. Jackson Park Street Lighting Project Acceptance: City Manager recommended ac- ceptance of the public improvement construction contract for the Jackson Park Street Lighting Project as completed by Hawkeye Electric. Upon motion the documents were received and filed and Resolution No. 344-17 Accepting the Jackson Park Street Lighting Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 344-17 ACCEPTING THE JACKSON PARK STREET LIGHTING PROJECT AND AUTHORIZ- ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Jackson Park Street Lighting Pro- ject (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 Downtown Security Cameras appropriations for the contract amount of $74,086.85 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 October, 2017. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE JACKSON PARK STREET LIGHTING PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Jackson Park Street Lighting Project, that the Project has been per- formed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $74,086.85. Dated this 9th day of October, 2017. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9th day of October, 2017. /s/Kevin S. Firnstahl, City Clerk 7 16. Hwy 20 Conduit - Wacker Drive to Hill Street Project Acceptance: City Manager recommended acceptance of the public improvement construction contract for the Hwy 20 Conduit — Wacker Drive to Hill Street Project, as completed by Volkens, Inc. Upon motion the documents were received and filed and Resolution No. 345-17 Accepting the Highway 20 Conduit - Wacker Drive to Hill Street Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 345-17 ACCEPTING THE HIGHWAY 20 CONDUIT — WACKER DRIVE TO HILL STREET PRO- JECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Highway 20 Conduit — Wacker to Hill Street 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 Traffic Signal Interconnect Conduit Replacement appropriations for the contract amount of $53,250.00 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 October 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE HIGHWAY 20 CONDUIT — WACKER DRIVE TO HILL STREET PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Highway 20 Conduit — Wacker to Hill Street Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $53,250.00. Dated this 9th day of October, 2017. /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 9th day of October 2017. /s/Kevin S. Firnstahl, City Clerk 17. Carnegie -Stout Public Library Maker Space Project Acceptance: City Manager rec- ommended acceptance of the construction contract for the Carnegie -Stout Public Library Maker Space Project, as completed by Tricon General Construction, Inc. Upon motion the documents were received and filed and Resolution No. 346-17 Accepting the Carne- gie -Stout Public Library Maker Space Project and authorizing the payment to the contrac- tor was adopted. 8 RESOLUTION NO. 346-17 ACCEPTING THE CARNEGIE-STOUT PUBLIC LIBRARY MAKER SPACE PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Carnegie -Stout Public Library Maker Space (the Project) has been completed by the Contractor, Tricon General Con- struction, Inc (Contractor), the City Engineer has examined the work and recommends that the Project be accepted; and Whereas, the final contract amount for the Project is $153,075.56; and Whereas, the Contractor has previously been paid $145,421.78, leaving a balance of $7,653.78; and Whereas, the City Council finds that the recommendation of the City Engineer should be accepted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Passed, approved and adopted this 16th day of October, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE CARNEGIE- STOUT PUBLIC LIBRARY MAKER SPACE The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the Carnegie -Stout Public Library Maker Space, and the 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 $153,075.56. Dated this 11th day of October, 2017 /s/Gus Psihoyos, City Engineer Filed in the office of the City Clerk in the 11th day of October, 2017. /s/Kevin S. Firnstahl, City Clerk 18. Alternative Services Concepts (ASC) Renewal Rates for Workers' Compensation Claims Administration: City Manager recommended City Council approval of the renewal rates from Alternative Services Concepts for services related to the administration of the City's Workers' Compensation Program effective October 1, 2017 through September 30, 2018. Upon motion the documents were received, filed and approved. 19. Cottingham & Butler Insurance Services Agreement for Employer Mandate Report- ing Services: 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 in accordance with the Patient Protection and Affordable Care Act. Upon motion the documents were received, filed and approved. 9 20. Proposed Master Co -Location and Shared Services Agreement Between the City of Dubuque, Iowa and ImOn Communications, LLC: City Manager recommended ap- proval of a Master Co -Location and Shared Services Agreement and Project Statement: Sharing Agreement #1 between ImOn Communications, LLC and the City of Dubuque. Upon motion the documents were received, filed and approved. 21. Mediacom Communications Corporation: Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom Communications Corporation advising the City of program changes on or about October 23, 2017. Upon motion the document was received and filed. 22. Signed Contracts: Hillcrest Family Services agreement for use of Murphy Park 2017-2018 event. Upon motion the document was received and filed. 23. Alcohol License Applications: City Manager recommended approval of annual beer, liquor and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 347-17 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. 347-17 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 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 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 Dog House Lounge 1646 Asbury Rd. Class C Liquor (Outdoor) (Sunday) Happy Joe's Old Fashioned 855 Century Dr. Class B Beer (Sunday) Ice Cream & Pizza Parlor Jumper's Sports Bar & Grill 2600 Dodge St. Class C Liquor (Outdoor) (Sunday) Kwik Stop #848 3201 Central Ave. Class E Liquor, Class B Native Wine, Class C Beer (Sunday) L. May 1072 Main St. Class C Liquor, Class B Wine (Ca- tering) (Outdoor) (Sunday) 10 Rainbow Lounge ! 36 West 4th St. ; Class C Liquor (Sunday) New Club Rise ! 1850 Central Ave. ! Class C Liquor (Sunday) Dubuque Home Design 2490 Meinen Ct. Class B Native Wine Special Event Diamond Jo Casino Alliant Amphithea- Special Class C Liquor (Outdoor) Nov. 4 ter Passed, approved and adopted this 16th day of October, 2017. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments were made to the following Boards/Commissions. 1. Housing Commission: One, 3 -year term through August 17, 2020 (Expired term of Eudaley) Applicant: Amy Eudaley, 950 Wood St. Motion by Connors to appoint Amy Eu- daley to a 3 -year term through July 1, 2020. Seconded by Resnick. Motion carried 7-0. 2. Human Rights Commission: One, 3 -year term through January 1, 2018 (Vacant term of Templeton Vaughn); and one, 3 -year term through January 1, 2019 (Vacant term of Dita Meyer) Applicants: Nicole Borovic, 3163 Hillcrest Rd.; Gerald Hammel, Jr., 1225 1/2 Rhomberg Ave.; Ashley Melchert, 1265 Thomas PI. Upon roll -call vote: Hammel, Jr. = 7 (Rios, Jones, Del Toro, Connors, Resnick, Lynch, Buol); Borovic = 5 (Jones, Del Toro, Resnick, Lynch, Buol); and Melchert = 2 (Rios, Connors), Mayor Buol stated that Gerald Hammel, Jr. would be appointed to the 3 -year term through January 1, 2019; and Nicole Borovic would be appointed to the 3 -year term through January 1, 2018. PUBLIC HEARINGS 1. South Pointe Planned Unit Development (PUD) Amendment: Proof of publication on notice of public hearing to consider approval of a request from Dubuque South Pointe, LLC to amend the South Pointe Planned Unit Development (PUD) for South Pointe Sub- division on Rockdale Road to allow additional, two -unit dwelling building lots and the Zon- ing Advisory Commission recommended approval. Motion by Lynch 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. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 43-17 Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by re- scinding Ordinance No. 14-16 which provides regulations for the South Pointe PUD Planned Unit Development District with a Planned Residential Designation and now being amended to re -designate 19 building lots along South Pointe Drive and Long Hollow Drive 11 from Single -Family Detached Dwellings to Townhouse Dwellings Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 43-17 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE 14-16 WHICH PROVIDES REGULATIONS FOR THE SOUTH POINTE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED RESIDENTIAL DESIGNATION AND NOW BEING AMENDED TO RE -DESIGNATE 19 BUILDING LOTS ALONG SOUTH POINTE DRIVE AND LONG HOLLOW DRIVE FROM SINGLE-FAMILY DETACHED DWELLINGS TO TOWNHOUSE DWELLINGS 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 Develop- ment Code, is hereby amended by rescinding Ordinance 14-16 which provides regula- tions for a Planned Unit Development District with a Planned Commercial District desig- nation for South Pointe, and now being amended to change the allowed use of 19 building lots along South Pointe Drive and Long Hollow Drive from single-family dwellings to town- house dwellings. As shown in Exhibit 1, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the South Pointe Planned Unit Development marked Exhibit 1. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street pat- terns, grades, and usable building sites. The general plan layout, including the relation- ship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A. Use Regulations Zone A: General Purpose and Description: Zone A is intended to provide building lots for single-family detached dwellings and accessory structures as well as park and open space. 1) Development of property within Zone A of the South Pointe Planned Unit Devel- opment shall be regulated by Section 16-5-2 of the City Code, R-1 Single -Family Res- idential. Zone B: General Purpose and Description: Zone B is intended to provide building lots for multi -Family Residential dwellings including two -unit and three -unit laterally attached dwellings and accessory structures. 1) Development of property with Zone B of the South Pointe Planned Unit Develop- ment shall be regulated by Section 16-5-5 of the Unified Development Code, R-3 Mod- erate Density Multi -Family Residential. Zone C: General Purpose and Description: Zone C is intended to provide space for commercial businesses to serve South Pointe and the surrounding community. 12 1) Development of property within Zone C of the South Pointe Planned Unit Devel- opment shall be regulated by the provisions of Section 16-5-11 of the Unified Devel- opment Code, C-2 Neighborhood Shopping Center District. B. Bulk Regulations Development of land within Zones A, B and C shall be regulated as follows: Zone A Min Lot Min Lot Max Lot Set packs Max Area Frontage Coverage Front (feet) Min Min Height Side Rear (sq feet) (feet) (% lot area) Min Max (feet) (feet) (feet) Permitted Uses Place of religious exer- cise or assembly, 20,000 100 40 20 20 20 75 1 School Single-family detached 5,000 50 40 20 50 6 20 30 dwelling Conditional Uses Bed and breakfast home 5,000 50 40 20 50 6 20 30 Licensed adult day ser- vices, Licensed child 5,000 50 40 20 6 20 30 care center Mortuary, funeral home 20,000 100 40 20 20 20 30 or crematorium 1 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at east one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located Zone B Permitted Uses Multiple -family (six du max) Place of religious exer- cise or assembly, School Single-family detached dwelling Townhouse (six du max) Two-family dwelling Conditional Uses Individual zero lot line dwelling Bed and breakfast home Grout/ home Hospice Housing for the elderly or disabled Licensed adult day ser- vices, Licensed child care center Min Lot Min Lot Max Lot Set'5acks Max Area Frontage Coverage Front (feet) Min Min Height Side Rear (square (feet) (% lot area) Min Max (feet) (feet) (feet) feet) 2,000/du 50 40 20 4 20 30 20,000 100 40 20 20 20 751 5,000 50 40 20 50 4 20 30 1,600/du 16/du 40 20 4/0 20/0 30 5,000 50 40 20 50 4 20 30 5,000 50 40 20 50 10/0 20 30 5,000 50 40 20 50 4 20 30 5 000 50 40 20 4 20 30 500 50 40 20 4 20 30 20,000 100 40 20 20 20 30 5,000 50 40 20 4 20 40 13 Mortuary funeral home 20,000 100 40 20 20 20 30 or crematorium Nursing or convalescent 20,000 100 40 20 20 20 30 home Off -premise residential 20 4 6 15 garage Rooming or boarding 5,000 50 40 20 4 20 30 house 1 May be erected to a heigft not exceeaing 75 feet, provided that such buldings shall provide at east one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located Zone C Min Lot area (sq ft ) Min Lot Max lot frontage coverage (feet) (% total) Front (feet) Min 101 Setbacks Front Min Side (feet) 2 (feet) Max Max Min Rear Height 3 (feet) (feet) All uses 30 1 Minimum 20 feet for garapes facing a street 2 When abutting a residential or office residential district, a 20 -foot side setback is required 3 When abutting a residential or office residential district, a 20 -foot rear setback is required C. Parking and Loading Regulations: The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. D. Sign Regulations: Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development Code Article 15 Signs shall apply unless further regulated by this section Signage for development zones within the South Pointe Planned Unit Development shall be regulated as follows: Within Zone A, Sign Regulations for the R-1 Single -Family Residential District, Section 16-15-11.1 of the Unified Development Code, shall be followed. Within Zone B. Sign Regulations for the R-3 Moderate Density Multi -Family Residential District, Section 16-14-11.1 of the Unified Development Code, shall be followed. Within Zone C, Sign Regulations for the C-3 Neighborhood Shopping Center District, Section 16-156-11.6 of the Unified Development Code, shall be followed. 3) Off -Premise Signs: Off -premise signs shall be prohibited. 4) Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. E. Performance Standards: The development and maintenance of uses in this PUD District shall be established in conformance with the following standards 1) No more than 100 dwelling units shall be allowed to be developed until such time that a second public street access or secondary emergency access is developed to serve South Pointe. 14 2) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in ac- cordance with Article 11. Land Subdivision, of the City of Dubuque Unified Develop- ment Code. Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls rel- ative to the planning, construction, operation and management of property in the PUD District. F. Transfer of Ownership: Transfer of ownership or lease of property in this PUD Dis- trict shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Modifications: Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. H. Recording: A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions ac- cepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Ad- visory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 161h day of October, 2017. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of October, 2017. /s/Kevin S. Firnstahl, City Clerk ACTION ITEMS 1. Arts and Cultural Master Plan Community Enactment Strategy: Arts and Cultural Affairs Advisory Commission recommended adoption of the Arts and Cultural Affairs Mas- ter Plan Community Enactment Strategy. Motion by Jones to receive and file the docu- ments and approve the recommendation. Seconded by Lynch. Arts and Cultural Affairs Coordinator Debra Alleyne and Arts and Cultural Affairs Advisory Commission Member David Schmitz provided a slide presentation of the plan and responded to questions from 15 the City Council about the 1% budget request by stating such policy decision would come to the City Council as a separate item for discussion and approval. Motion carried 4-3 with Rios, Del Toro and Resnick voting Nay. 2. Five Flags LED Marquee Sign Replacement: City Manager recommended approval to replace the Five Flags Civic Center Marquee sign. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion car- ried 7-0. 16 COUNCIL MEMBER REPORTS Council Member Jones presented a flag signed by all participants of the Fireball Run special event that occurred on September 25, 2017 and requested that the flag be given to the Dubuque Convention and Visitors Bureau / Travel Dubuque. There being no further business, upon motion the City Council adjourned at 6:55 p.m. /s/Trish L. Gleason, CMC, Assistant City Clerk 17