Minutes_City Council Proceedings 5 19 14CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:15 p.m. on May 19, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on payday lenders.
WORK SESSION
Payday Lenders
Planning Services Manager Laura Carstens, Assistant Planner Kyle Kritz and
Associate Planner Guy Hemenway provided a slide presentation on payday lender
institutions and related zoning issues. Topics included:
• Definition of payday loans and lenders
• Number and location of payday lender businesses in Dubuque
• Comparisons to other Iowa cities
• Various zoning separation buffers and restriction options
• Separation from/relationship to residential areas
• Relationships to Community Development Block Grant (CDBG) target areas
• Impact of zoning regulations
• Recommendation
City Council had discussion with staff following the presentation regarding public
financial education programs, business proliferation, state legislation, and zoning
options.
The City Council reached consensus on referring the matter to the Zoning Advisory
Commission for drafting letters to state legislators to place on a future City Council
agenda.
There being no further business, upon motion the City Council adjourned at 5:53 p.m.
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/s/Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on May 19, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
INTRODUCTIONS
International City/County Managers Association (ICMA) Fellowship Exchange
members, Dulce Guterres Junior and Angela Tavares DeJesus from the country of
Timor Leste introduced themselves and described what they are learning from Dubuque
to help their country decentralize its government.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Council Member Connors requested item
#9 North End Neighborhood Association Petition be held for separate discussion.
Motion carried 7-0.
1. Minutes and Reports Submitted: Cable TV Commission of 4/2, City Council
proceedings of 5/5, Five Flags Civic Center Advisory Commission of 4/28, Human
Rights Commission of 4/14, Library Board of Trustees of 2/27, Zoning Advisory
Commission of 5/7, Proof of Publication for City Council proceedings of 4/21, Proof of
Publication for List of Claims and Summary of Revenues for Month Ended 3/31. Upon
motion the documents were received and filed.
2. Humanities Iowa Grant - Sister City Commission: City Clerk Kevin Firnstahl
recommending approval of the submission of a Humanities Iowa mini grant application
in the amount of $3,000 for the Handan, China, Sister City photo display. Upon motion
the documents were received, filed and approved.
3. Community Development Block Grant (CDBG) Request to Release Funds: City
Manager recommending approval of the Request for Release of Funds for the proposed
projects approved in the Fiscal Year 2015 (Program Year 2014) Annual Action Plan for
Community Development Block Grant activities. Upon motion the documents were
received and filed and Resolution No. 146-14 Authorizing request for release of
Community Development Block Grant funds for Fiscal Year 2015 (Program Year 2014)
was adopted.
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4. Iowa Department of Transportation: Correspondence from the Iowa Department of
Transportation advising the City that it proposes to let a bridge rehabilitation project on
US 52 at Grandview Avenue on October 21, 2014. Upon motion the documents were
received and filed.
5. Workers' Compensation Settlement - Weidenbacher Claim: City Attorney
recommending approval of an Agreement for Settlement regarding a workers'
compensation claim that was filed against the City of Dubuque by Mark Weidenbacher.
Upon motion the documents were received, filed and approved.
6. Workers' Compensation Settlement - Hillard Claim: City Attorney recommending
approval of an Agreement for Settlement regarding a workers' compensation claim that
was filed against the City of Dubuque by Richard Hillard. Upon motion the documents
were received, filed and approved.
7. Key City Investment Co. - Acceptance of Utility Easement: City Manager
acceptance of a utility easement from Key City Investment Co. for the construction of
underground electric, fiber optic cable, traffic signals and other appurtenant
improvements associated with the JFK & Wacker Driver Intersection Improvements
Traffic Signalization project. Upon motion the documents were received and filed and
Resolution No. 147-14 Accepting the grant of a utility easement through, over and
across a part of Lot 2-11 Yiannias Place, in the City of Dubuque, Dubuque County,
Iowa, was adopted.
8. Development Services Activity - Revised Fiscal Year 2015 Fee Schedule: City
Manager recommending approval of a revised Fiscal Year 2015 fee schedule for the
Development Services Activity in the Planning Services Department. It is further
recommended the City Council approve a resolution rescinding the previous fees and
adopting a new fee schedule. Upon motion the documents were received and filed and
Resolution No. 148-14 Rescinding Resolution No. 70-14, Establishing a Schedule of
Development Services Fees, and adopting in lieu thereof a new Schedule of
Development Services Fees as provided in Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code was adopted.
9. North End Neighborhood Association Petition: Correspondence from the North
End Neighborhood Association petitioning the City of Dubuque to collaborate on a street
lighting project in the 2500 block of Jackson Street. Motion by Connors to receive and
file the documents and refer to the City Manager. Seconded by Lynch. Connors stated
that this has been an issue for the neighborhood for some time. Motion carried 7-0.
10. PEG Capital Expenditure Request: City Manager recommending approval of the
Cable TV Commission recommendation for funding from the Public, Educational, and
Government (PEG) Capital Grant for Access Equipment and Facilities to provide new
field production gear for Loras College. Upon motion the documents were received, filed
and approved.
11. Crescent Community Health Center Letters of Support: City Manager
recommending approval to sign letters of support for Crescent Community Health
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Center and Federally Qualified Health Centers funding. Upon motion the documents
were received, filed and approved.
12. Improvement Contracts and Maintenance Bonds: Drew Cook & Sons Excavating
Co, Inc., for SRF Green Alley Project Bid Sets 2 and 3; River City Paving (aka Mathy
Construction) for the White Street (11th -21st Street) HMA Resurfacing with Milling
Project. Upon motion the documents were received, filed and approved.
13. Alcohol License Applications: City Manager recommending approval of annual
liquor, beer, and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 149-14 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 TO BE 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. Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project Fiscal Year 2015: City
Manager recommending initiation of the bidding process for the Fiscal Year 2015
Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project, and further recommends
that a public hearing be set for June 2, 2014. Upon motion the documents were
received and filed and Resolution No. 150-14 Preliminary approval of plans,
specifications, form of contract, and estimated cost; setting date of public hearing on
plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on June 2, 2014 in the Historic Federal Building.
2. Jule Transit Facility Roof and Sprinkler Repair Project: City Manager
recommending initiation of the bidding process for the Jule Transit Facility Roof &
Sprinkler Repair Project, and further recommends that a public hearing be set for June
2, 2014. Upon motion the documents were received and filed and Resolution No. 151-
14 Preliminary approval of plans, specifications, form of contract, and estimated cost;
setting date of public hearing on plans, specifications, form of contract, and estimated
cost; and ordering the advertisement for bids was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on June 2, 2014 in the Historic Federal Building.
3. Residential Parking Permit District "D" Amendment: City Manager recommending
that a public hearing be set for June 2, 2014, on an amendment to Residential Parking
Permit District "D" by adding Alicia Street from Pennsylvania Avenue to Andrea Street,
both sides, and Marjorie Circle from Amy Court to Andrea Street, both sides. It is further
recommended that the portion of the petition not meeting the 80% criteria be excluded
from Residential Parking Permit District "D." Upon motion the documents were received
and filed and Resolution No. 152-14 Setting a public hearing on amending Residential
Parking Permit District D to include Alicia Street and Marjorie Circle was adopted setting
a public hearing for a meeting to commence at 6:30 p.m. on June 2, 2014 in the Historic
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Federal Building.
4. Greater Downtown Urban Renewal District Amendment: City Manager
recommending approval of a Resolution of Necessity that finds that an amendment of
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District is both necessary and appropriate and sets a public hearing on the
proposed amendment for June 16, 2014. Upon motion the documents were received
and filed and Resolution No. 153-14 Resolution of Necessity finding that certain areas
adjacent to the Greater Downtown Urban Renewal District meet the definition of a
Blighted Area under the Urban Renewal Law, and that development of said areas is
necessary in the interest of the residents of the City of Dubuque, Iowa, and setting
dates of hearing and consultation on a proposed amendment to the Amended and
Restated Urban Renewal Plan for said District was adopted setting a public hearing for
a meeting to commence at 6:30 p.m. on June 16, 2014 in the Historic Federal Building.
5. Technology Park Urban Renewal District Amendment: City Manager
recommending approval of a Resolution of Necessity that: 1) finds that an Amended
and Restated Urban Renewal Plan for the Dubuque Technology Park Economic
Development District is both necessary and appropriate; 2) enters into a Joint
Agreement with the County for said amendment; and 3) sets a public hearing on the
proposed amendment for June 16, 2014. Upon motion the documents were received
and filed and Resolution No. 154-14 Resolution of Necessity finding that certain areas
adjacent to the established Dubuque Technology Park Economic Development District
meet the definition of an Economic Development Area under the Urban Renewal Law,
that development of said Area is necessary in the interest of the residents of the City of
Dubuque, Iowa, and setting dates of hearing and consultation on a proposed
amendment to the Amended And Restated Urban Renewal Plan for said District was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 16,
2014 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.
1. Civil Service Commission: One 4 -year term through April 6, 2018 (Vacant term of
Schilling); Applicant: Mary Lynn Neuhaus, 1595 Montrose Terrace. Ms. Neuhaus spoke
in support of her appointment.
2. Long Range Planning Advisory Commission: One 3 -year term through July 1, 2017
(vacant term of Van !ten); Applicant: Joshua Clements, 561 Jefferson St. Mr. Clements
spoke in support of his appointment.
Appointment was made to the following Board/Commission:
3. Electrical Code Board: Three 3 -year terms through May 21, 2017 (Expired terms of
Dixon, Hammel, and Wilson); Applicants: James Dixon, 2505 Marquette PI.; Dan
Hammel, 2922 Fox Hollow Dr.; and David Wilson, 2918 Washington St. Motion by Braig
to appoint Mr. Dixon, Mr. Hammel and Mr. Wilson to 3 -year terms through May 21,
2017. Seconded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
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1. Request to Rezone - 1100 Carmel Drive: Proof of publication on notice of public
hearing to consider a request by Sisters of Charity BVM / The Lakota Group to rezone
property at 1100 Carmel Drive from R-1, Single -Family Residential, to PUD, Planned
Unit Development and the Zoning Advisory Commission recommending denial.
Correspondence from the applicant requesting the public hearing be rescheduled to
June 16, 2014. Motion by Connors to receive and file the documents and reschedule
the public hearing to June 16, 2014. Seconded by Braig. Motion carried 7-0.
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
2. Request to Rezone - 3674 Crescent Ridge: Proof of publication on notice of public
hearing to consider a request by Dr. Mary Lynn Neumeister to rezone the property at
3674 Crescent Ridge from R-1, Single -Family Residential, to C-3, General Commercial
Zoning District and the Zoning Advisory Commission recommending denial. Restated
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.
Mary Lynn Neumeister spoke in support of the request. Planning Services Manager
Laura Carstens provided a staff report. Zoning Advisory Commission Chairperson
Patrick Norton and Assistant Planner Kyle Kritz responded to questions from the City
Council and explained how the current membership makeup of the commission
precipitated a 3-1 vote thereby requiring an automatic denial by the Commission. Mr.
Kritz added that no communication was received from the Iowa Department of
Transportation related to the request. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 34-14
Amending Title 16 of The City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 3674 Crescent Ridge
from R-1 Single -Family Residential District to C-3 General Commercial District.
Seconded by Lynch. Motion carried 7-0.
3. Water Treatment Plant North Softening Basins Rehabilitation Project: Proof of
publication on notice of public hearing to consider approval of the specifications, form of
contract and the estimated cost for the Water Treatment Plant North Softening Basins
Rehabilitation Project and the City Manager recommending approval. Motion by Jones
to receive and file the documents and adopt Resolution No. 155-14 Approval of
specifications, form of contract, and estimated cost for the Water Treatment Plant North
Softening Basins Rehabilitation Project. Seconded by Braig. Motion carried 7-0.
4. E. B. Lyons Interpretive Area Expansion Project: Proof of publication on notice of
public hearing to consider approval of plans, specifications, form of contract, and
estimated cost of the E. B. Lyons Interpretive Area Expansion Project and the City
Manager recommending approval. Motion by Braig to receive and file the documents
and adopt Resolution No. 156-14 Approval of plans, specifications, form of contract, and
estimated cost for the E. B. Lyons Interpretive Area Expansion Project. Seconded by
Connors. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
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ACTION ITEMS
1. SRF Green Alley Project Bid Set 4 - Project Award: City Manager recommending
award of the SRF Green Alley Project Bid Set 4 contract to the low bidder Drew Cook
and Sons Excavating Co., Inc. Motion by Braig to receive and file the documents and
adopt Resolution No. 157-14 Awarding public improvement contract for the SRF Green
Alley Bid Set 4 Project. Seconded by Jones. Motion carried 7-0.
2. Sisters of St. Francis - Request to Donate Peace Pole: Parks and Recreation
Commission recommending approval to accept a peace pole gift from the Sisters of St.
Francis of the Holy Family and place the pole in Washington Park. Motion by Braig to
receive and file the documents and approve the recommendation. Seconded by
Connors. City Manager Van Milligen stated that the specific location within Washington
Park would be decided by Leisure Services Manager Marie Ware. Motion carried 7-0.
3. Environmental Stewardship Advisory Commission: Correspondence from the
Environmental Stewardship Advisory Commission recommending that the City Council
include sustainability and environmental stewardship options in its promotion of Tax
Increment Finance (TIF). Motion by Connors to receive and file the documents and refer
to the City Manager. Seconded by Resnick. City Manager Van Milligen stated that the
item would be brought back to the City Council to include approval of specific wording.
Motion carried 7-0.
4. Bond Purchase Agreement - Sales Tax Increment Revenue Bonds (Unlimited
Property Tax Supported), Second Lien Series 2014A: City Manager recommending
approval of the Bond Purchase Agreement and the Master Resolution in connection
with the issuance of Sales Tax Increment Revenue Bonds (Unlimited Property Tax
Supported), Second Lien Series 2014A. Motion by Jones to receive and file the
documents and adopt Resolution No. 158-14 Approving the form and authorizing
execution of a Bond Purchase Agreement in connection with the issuance of Sales Tax
Increment Revenue Bonds (Unlimited Property Tax Supported), Second Lien Series
2014; and Resolution No. 159-14 Master resolution relating to the issuance of Sales
Tax Increment Revenue Bonds by the City of Dubuque under the provisions of Chapter
418 of the Code of Iowa, authorizing and providing for the issuance and securing the
payment of Sales Tax Increment Revenue Bonds (Unlimited Property Tax Supported),
Second Lien Series 2014, and providing for a method of payment thereof, and related
matters. Seconded by Connors. Finance Director Ken TeKippe, Tim Oswald of Piper
Jaffray, and Tom Gavin of R.W. Baird presented background information and the results
of the bond issuance. Motion carried 7-0.
5. Code of Ordinances Amendment - Title 10 Special Events and Waiver Policy
(Tabled from April 7, 2014): City Manager recommending adoption of a revised Special
Events Permit Ordinance and Waiver Policy. Correspondence from Art Gilloon to
address the City Council. Motion by Jones to remove from the table. Seconded by
Braig. 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 Braig.
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Assistant City Attorney Crenna Brumwell provided a slide presentation stating that the
primary modification to the proposed ordinance from the last version was to define
specific language related to assemblies where no permit, fees, insurance or
indemnification is required and notification to the City Manager is encouraged. Ms.
Brumwell further stated that language was added regarding interfering with a lawful
assemblies and defining special events. The existing language regarding events on
private property was corrected to only regulate events on private property in a couple of
scenarios, a new Chapter 8 related to valet parking was created, and the existing
unlawful assembly provision was moved to Title 7. Mr. Gilloon, after addressing the
Council from the gallery, was informed that there would be no public input at this time.
Motion carried 6-1 with Lynch voting nay.
Motion by Jones for final consideration and passage of Ordinance No. 35-14
Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property by
repealing Chapter 4 Parades and Assemblies and Enacting a new Chapter 4 Parades,
Assemblies and Special Events in lieu thereof; adopting a New Chapter 8 Valet Drop
Off Parking; Permit Requirements; and Amending Title 7 Police, Fire and Public Safety,
Chapter 5 Offenses, Article A General Offenses by adopting a new Section 7-5A-18
Unlawful Assembly. Seconded by Connors. Motion carried 6-1 with Lynch voting nay.
COUNCIL MEMBER REPORTS PUBLIC INPUT
Council Member Connors reported on the recent delegation visit from the Sister City
of Dornbirn, Austria, during which the official Sister City proclamation was reaffirmed
between Mayor Buol and Mayor Andrea Kaufmann of Dornbirn. Ms. Connors added that
the experience was encouraging and that the delegation found many ideas to share with
Dornbirn.
Council Member Jones reported on a recent Telegraph Herald Letter to the Editor
that described a disparity between the costs of traffic violations and those of more
serious crimes that end with suspended fines and sentences. He agreed with the
injustice and believes the disparity should be addressed.
PUBLIC INPUT
Art Gilloon, 535 Heritage Drive, requested that the City Council change the process
for reviewing ordinances to allow for public input believing that the current process
sends the wrong message to citizens.
Jacob Long, 4604 Cardinal Drive, concurred with Mr. Gilloon, and requested that the
City Council move the Public Input section to the beginning of the agenda.
Alex Wehrspann, 1388 Thomas Place, asked the City Council to address backyard
burning as a public health issue and to more strictly regulate when, where, and what
can be burned.
Joan Wehrspann, 1388 Thomas Place, addressed the City Council regarding her
heath issues that she attributes to backyard burning stating that it is not in keeping with
the City's sustainability principles. Ms. Wehrspann also expressed frustration with the
City following her requests for enforcement of illegal burning.
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Jack Mescher, 1235 Mt. Loretta Drive, addressed the Council regarding what he
believes are limited methods of communicating with the City Council and requested that
the process for public input be changed.
Jonathon McCoy, 263 Main Street, addressed the City Council about his concerns on
behalf of the Old Main Association and as a Main Street property owner that the lower
Main Street area is seeing resurgence in rough public behavior specifically during the
late-night hours.
Allen Troupe, 2203 Key Way, requested that the City Council change its procedure
regarding the ability to address the Council on ordinances and cited the City of
Waterloo's procedure as an example.
Mark Lansing, 3761 Hillcrest Road, expressed his opinion that citizens just need to
feel that the Council is listening to them.
Jeff Lenhart, 1270 Locust Street, stated that he felt lucky to be living in Dubuque and
said that joining a City commission is the best thing he's done.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:09 p.m. to discuss property
acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Connors.
Motion carried 7-0.
Upon motion at 8:36 p.m., the City Council reconvened in open session stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:37 p.m.
1 t 5/28
/s/Kevin S. Firnstahl, CMC
City Clerk
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