Minutes_City Council Proceedings 12 4 17 Copyrighted
December 18, 2017
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Cable N Commission of 12/6; City Council Proceedings
of 12/4; Dubuque County Emergency Management
Commission of 8/1/17; Five Flags Civic Center
Commission of 11/27; Human Rights Commission of
11/13; Long Range Planning Advisory Commission of
11/28; Park and Recreation Commission of 11/14; Zoning
Advisory Commission of 12/6; Zoning Board of Adjustment
11/16; Proof of publication for City Council Proceedings of
11/13, 11/20, 11/27;
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Cable N Commission Minutes of 12/6/17 Supporting Documentation
City Council Proceedings of 12/4/17 Supporting Documentation
Dbq Co. Emergency Managment Commission Minutes Supporting Documentation
of 8/1/17
Five Flags Civic Center Commission Minutes of Supporting Documentation
11/27/17
Human Rights Commission Minutes of 11/13/17 Supporting Documentation
Long Range Planning Advisory Commission Minutes of Supporting Documentation
11/18/17
Park and Recreation Commission Minutes of 11/14/17 Supporting Documentation
Zoning Advisory Commission Minutes of 12/6/17 Supporting Documentation
Zoning Board of Adjustment Minutes of 11/16/17 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
11/13/17
Proof of Publication for City Council Proceeddings of Supporting Documentation
11/20/17
Proof of Publication for City Council Proceedings of Supporting Documentation
11/27/17
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on December 4, 2017
in the Historic Federal Building, 350 W. 6�h Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Brumwell
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
PROCLAMATION(S)
1 . Eradication of Generational Poverty Day (December 7, 2017) was accepted by
Fountain of Youth Program President Caprice Jones, 1199 Main St.; Treasurer R.R.S.
Stewart; and Board Member/Former V.P. Terry Stewart.
CONSENTITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion carried 7-0.
1 . Minutes and Reports Submitted: City Council Proceedings of 11/20, 11/27; Civil
Service Commission of 11/21 ; Library Board of Trustees Council Update #165 of 11/16;
Sister City Relationships Advisory Commission of 11/15; Transit Advisory Board of 11/14;
Proof of Publication for City Council Proceedings of 11/6; Proof of Publication for List of
Claims and Summary of Revenues for Month Ending 10/30. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Rob Donovan on behalf of Donovan Properties, LLC for
property damage, Ramona Fraction for vehicle damage. Upon motion the documents
were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of lowa, the agent for the lowa Communities
Assurance Pool: Donovan Properties, LLC for property damage; and Ramona Fraction
for vehicle damage. Upon motion the documents were received, filed, and concurred.
4. lowa Economic Development Authority (IEDA) Site Certification: City Manager
transmitting information on the lowa Economic Development Authority announcement
that a "development-ready" site in Dubuque's Industrial Center West is the latest industrial
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site to achieve certification through the lowa Certified Sites Program. Upon motion the
documents were received and filed.
5. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Assistant Chief of Police and Police Corporal. Upon
motion the documents were received, filed and made a Matter of Record.
6. Westside Water System Improvements - Water Meter Replacement Project Re-
Authorization for Solicitation of Cost Proposals: City Manager recommending re-
authorization to solicit cost proposals for the Westside Water System Improvements -
Water Meter Replacement Project 2018. Upon motion the documents were received, filed
and approved.
7. Boards and Commission Application Amendment: City Manager recommending
approval of a revised application for the Boards and Commissions program that includes
a page for tracking demographics information. Upon motion the documents were
received, filed and approved.
8. Ham House Masonry Rehabilitation Project Acceptance: City Manager
recommending acceptance of the construction contract for the Ham House Masonry
Rehabilitation Project, as completed by Evans-Mason, Inc. Upon motion the documents
were received and filed and Resolution No. 376-17 Accepting the Ham House Masonry
Rehabilitation and authorizing the payment of the contract amount to the contractor was
adopted.
9. East Central Intergovernmental Agency (ECIA) Fiscal Year 2017 Annual Report:
City Manager transmitting the Fiscal Year 2017 Annual Report from the East Central
Intergovernmental Agency (ECIA). Upon motion the document was received and filed.
10. Abstract of Votes - 2017 General Election: City Clerk transmitting the Abstract of
Votes for the November 7, 2017 General Election as certified by the Dubuque County
Auditor. Upon motion the document was received and filed.
11 . Mediacom Communications Company: Correspondence from Lee Grassley,
Senior Manager of Government Relations for Mediacom Communications Company,
informing the City of rate adjustments being implemented on or about January 1 , 2018.
Upon motion the document was received and filed.
12. Alcohol License Renewals: City Manager recommending approval of annual beer,
liquor and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 377-17 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.
ITEMS SET FOR PUBLIC HEARING
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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 Resnick. Motion carried 7-0.
1 . Vacation of Plat of Survey of Hurst Addition (Lots 1 & 2): City Manager
recommending that the City Council set a public hearing for December 18, 2017 to vacate
the Plat of Survey for Lot 1 and Lot 2 of Hurst Addition. Upon motion the documents were
received and filed and Resolution No. 378-17 Resolution of Intent to vacate Plat of Lot 1
and Lot 2 of Hurst Addition, in the City of Dubuque, lowa comprised of Lot 31 through Lot
36 of O'Neill's Addition in the City of Dubuque, lowa was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on December 18, 2017 in the Historic Federal
Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions. Applicant appointments will be made at the next City
Council meeting.
1 . Community DevelopmentAdvisory Commission: One, 3-yearterm through February
15, 2020 (Vacant Low- to Moderate-Income term of Blok). Applicant: Gerald Hammel Jr.,
1225 YZ Rhomberg Ave. (Qualifies for Low- to Moderate-Income).
2. Historic Preservation Commission: One, 3-year term through July 1 , 2018 (Vacant
At-Large term of Terry). Applicant: Kayla Morrison, 2175 Clarke Dr. (Qualifies as At-
Large).
3. Housing Board of Appeals: One, 3-year term through January 11 , 2021 (Expiring
term of Gotz). Applicant: Mary Gotz, 1844 Bennett St.
4. Human Rights Commission: Three, 3-year terms through January 1 , 2021 (Expiring
terms of Allen, Davis, Borovic). Applicants: Anthony Allen, Address verified within
corporate city limits; Nicole Borovic, 3163 Hillcrest Rd.; Frederick Davis Jr., 176 Alpine
St. #5; Ashley Melchert, 1265 Thomas PI. Ms. Borovic spoke in support of her
appointment and provided a brief biography.
5. Mediacom Charitable Foundation: One, 1-year term through December 31 , 2018
(Expiring term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Ln.
PUBLIC HEARINGS
1 . Request to Rezone 3900 Block of Inwood Avenue (Tabled from November 20, 2017
Meeting.): Proof of Publication for notice of public hearing to consider a request from
Brandon Merrick to rezone the 3900 block of Inwood Avenue from R-1 Single-Family
Residential to R-2 Two-Family Residential Zoning District and the Zoning Advisory
Commission recommending approval.
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Motion by Jones to removed from the table. Seconded by Connors. Motion carried 7-
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
prior to the meeting at which it is to be passed be suspended. Seconded by Connors.
Motion carried 7-0.
Planning Services Manager Laura Carstens provided a staff report. Ms. Carstens and
Zoning Advisory Commission Chairperson Tom Henschel responded to questions from
the City Council about history of the use of R1 and R2 zoning stating that it relates to the
level of density desired by the Council and confirmed that the rezoning can only apply to
the area requested by the applicant. Developer/applicant Brandon Merrick responded to
questions from the City Council relating to the compelling reason for the zoning change,
and stated that he's developing the property because of a strong market demand for
townhomes, that he will sell the units and not rent, and that the project is for 2 side-by-
side units and not 4 homes. Oakley Bandy, 3841 Inwood; Robert Vandermeulen, 3940
Oneida, Ron Kuhl 3994 Oneida; and Kelly Hingtgen, 3461 Foothill, on behalf of her father
who owns property in the noted area, all spoke in opposition to the request citing
increased building density and vehicles, substandard gravel streets without curb and
gutter, stormwater drainage, and opposition to potential rental of the property as
problematic with the proposed development. The City Council discussed the level of
density being neutral with side-by-side units compared to single-family structures,
stormwater runoff being addressed through the permit process, and the capacity for any
area property ownersto rent. Council Member Connors specifically requested that, should
the rezoning pass, the property owners welcome the newcomers to the neighborhood.
Motion by Jones for final consideration and passage of Ordinance No. 44-17 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at the end of Inwood Avenue from R-
1 Single-Family Residential District to R-2 Two-Family Residential District. Seconded by
Connors. Motion carried 7-0.
2. Metx, LLC Development Agreement and Intent to Dispose of Property at and
Adjacent to 1690 Elm Street: Proof of publication on notice of public hearing to consider
approval of the proposed issuance of Urban Renewal Tax Increment Revenue
Obligations and the disposition of City owned real estate relating to a previously approved
Development Agreement with Metx, LLC, and the City Manager recommending approval.
Motion by Connors to receive and file the documents and adopt Resolution No. 379-17
Approving the issuance of Urban Renewal Tax Increment Revenue Obligations and the
disposition of City-owned real estate pursuant to the Development Agreement between
the City of Dubuque, lowa and Metx, LLC. Seconded by Lynch. Responding to questions
from the City Council about the City's investment in Crescent Community Health Center,
City Manager Van Milligen stated that the CCHC has outgrown its current space and that
the new space will allow the Center to combine into one space and expand services,
adding that while the City provided support for development of the current building where
the Center is housed, the City still owns a portion of that parking lot and disposition of the
lot will have to be worked out. Motion carried 7-0.
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3. SS Event Center, LLC (aka Steeple Square) Development Agreement - 101 E. 15th
Street: Proof of publication on notice of public hearing to consider approval the proposed
issuance of Urban Renewal Tax Increment Revenue Obligations relating to a previously
approved Development Agreement with SS Event Center, LLC, and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 380-17 Approving the issuance of Urban Renewal Tax Increment
Revenue Obligations relating to a previously approved Development Agreement with SS
Event Center, LLC. Seconded by Resnick. Motion carried 7-0.
4. Greater powntown Urban Renewal District Amendment: Proof of publication on
notice of public hearing to consider approval of a proposed Amended and Restated Urban
Renewal Plan for the Greater powntown Urban Renewal District and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 381-17 Approving the Amended and Restated Urban Renewal Plan for
the Greater powntown Urban Renewal District. Seconded by Connors. Motion carried 7-
0.
5. Peru Road Urban Renewal District - Resolution of Adoption: Proof of publication on
notice of public hearing to consider approval of a proposed Urban Renewal Plan for the
Peru Road Urban Renewal Area and the City Manager recommending approval. Motion
by Connors to receive and file the documents and adopt Resolution No. 382-17 Approving
the Urban Renewal Plan for the Peru Road Urban Renewal Area. Seconded by Lynch.
Motion carried 7-0.
PUBLIC INPUT
Tom Hoelscher, 780 Angella St., addressed the City Council about the amendment to
the City's noise ordinance discussed at the November 20 City Council meeting suggesting
that there should first be a dialogue between the neighbors and the educational
institutions creating the music/noise issue with a possible one-year period to gain an
accurate picture of the issue. Mr. Hoelscher added that iYs usually the practice events
that are the source of the undesirable noise and not the events themselves, Loras College
has made a difference by working with its students, and that perhaps a committee could
be formed to review the issue.
ACTION ITEMS
1 . Derby Grange Sanitary Sewer Project Award: City Manager recommending award
of the Derby Grange Sanitary Sewer Project construction contract to the low bidder
Connolly Construction, Inc. Motion by Lynch to receive and file the documents and adopt
Resolution No. 383-17 Awarding Public Improvement Contract for the Derby Grange
Sanitary Sewer Extension Project. Seconded by Connors. Motion carried 7-0.
2. Peru Road Urban Renewal Area - Tax Increment Financing District Ordinance: City
Manager recommending adoption of an ordinance approving the Tax Increment
Financing District for the Peru Road Urban Renewal Area created primarily for economic
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development (commercial and industrial) and blight mitigation and redevelopment of the
soon-to-be-vacated Flexsteel manufacturing facility. Motion by Resnick 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 Resnick for final consideration and passage of Ordinance No. 45-17
Providing that general property taxes levied and collected each year on all property
located within the Peru Road Urban Renewal Area of the City of Dubuque, County of
Dubuque, State of lowa, by and for the benefit of the State of lowa, City of Dubuque,
County of Dubuque, Dubuque Community School District, and other Taxing Districts, be
paid to a special fund for payment of principal and interest on loans, monies advanced to
and indebtedness, including bonds issued or to be issued, incurred by said City in
connection with the Urban Renewal Plan for the Peru Road Urban Renewal Area.
Seconded by Connors. Motion carried 7-0.
3. Southwest Arterial Construction Year in Review Video: Cable TV Division presented
a video of the Southwest Arterial Project construction year in review. Motion by Connors
to receive and file the information. Seconded by Resnick. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol recognized Boy Scouts from Troop #94 who were in attendance.
There being no further business, upon motion the City Council adjourned at 7:16 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 12/13
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