Proof of Publication_City Council Proceeding 5 19 14STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: May 28, 2014, and for which the charge is $340.91.
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
, 20 / .
this day of
Notary Public in and for Dubuque County, Iowa.
9ARYK, WESTERMEYER
Commission Number 154885
My Comm, Exp, FEB, 1, 2017
Legal Notices
CITY 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 His-
toric 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 con-
ducting a work session
on payday lenders.
WORK SESSION
Payday Lenders
Planning Services
Manager ' Laura Car-
stens, Assistant Plan-
ner Kyle Kritz and As-
sociate Planner Guy
Hemenway provided a
slide presentation on
payday lender institu-
tions and related zon-
ing issues. Topics in-
cluded:
• Definition of payday
loans and lenders
• Number and location
of payday lender busi-
nesses in Dubuque
• Comparisons to oth-
er Iowa cities
• Various zoning sepa-
ration buffers and re-
striction options
• Separation from/re-
lationship to residen-
tial areas
• Relationships to
Community Develop-
ment Block Grant
(CDBG) target areas
• Impact of zoning
regulations
• Recommendation
City Council had dis-
cussion with staff fol-
lowing the presenta-
tion regarding public
financial education
programs, business
proliferation, state leg-
islation, and zoning op-
tions.
The City Council
reached consensus on
referring the matter to
the Zoning Advisory
Commission for draft-
ing letters to state leg-
islators to place on a
future City Council
agenda.
There being no fur-
ther business, upon
motion the City Council
adjourned at 5:53 p.m.
/s/Kevin S. Firnstahl,
CMC, City Clerk
it 5/28
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 His-
toric 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 con-
ducting such business
that may properly
come before the City
Council.
PLEDGE OF
ALLEGIANCE
INTRODUCTIONS
International City/
County Managers As-
sociation (ICMA) Fel-
lowship Exchange
members, Dulce Gu-
terres Junior and Ange=
la Tavares DeJesus
from the country of
Timor Leste introduced
themselves and descri-
bed what they are
learning from Dubuque
to help their country
decentralize its gov-
ernment.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Jones.
Council Member Con-
nors requested item #9
North End Neighbor-
hood Association Peti-
tion be held for sepa-
rate discussion. Motion
carried 7-0.
1. Minutes and Re-
ports Submitted: Cable
TV Commission of 4/2,
City Council proceed-
ings of 5/5, Five Flags
Civic Center Advisory
Commission of 4/28,
Human Rights Commis-
sion of 4/14, Library
Board of Trustees of
2/27, Zoning Advisory
Commission of 5/7,
Proof of Publication for
City Council proceed-
ings of 4/21, Proof of
Publication for List of
Claims and Summary
of Revenues for Month
Ended 3/31. Upon mo-
tion the documents
were received and
filed.
2. Humanities Iowa
Grant - Sister City
Commission: City Clerk
Kevin Firnstahl recom-
mending approval' of
the submission of a Hu -
manities Iowa mini
grant application in the
amount of $3,000 for
the Handan, China, Sis-
ter City photo display.
Upon motion the docu-
ments were received,
filed and approved.
3. Community Devel-
opment Block Grant
(CDBG) Request to Re-
lease Funds: City Man-
ager recommending
approval of the Re-
quest for Release of
Funds for the proposed
projects approved in
the Fiscal Year 2015
(Program Year 2014)
Annual Action Plan for
Community Develop-
ment Block Grant ac-
tivities. 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 adopt-
ed.
4. Iowa Department of
Transportation: Corre-
spondence from the Io-
wa Department of
Transportation advis-
ing the City that it pro-
poses to let a bridge
rehabilitation project
on US 52 at Grandview
Avenue on October 21,
2014. Upon motion the
documents were re-
ceived and filed.
5. Workers' Compen-
sation Settlement -
Weidenbacher Claim:
City Attorney recom-
mending approval of
an Agreement for Set-
tlement regarding a
workers' compensation
claim that was filed
against the City of Du-
buque by Mark
Weidenbacher. Upon
motion the documents
were received, filed
and approved.
6. Workers' Compen-
sation Settlement -
Hillard Claim: City At-
torney recommending
approval of an Agree-
ment for Settlement re-
garding 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 Invest-
ment Co. for the con-
struction of under-
ground electric, fiber
optic cable, traffic sig-
nals and other appur-
tenant improvements
associated with the JFK
& Wacker Driver Inter-
section 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 Serv-
ices Activity - Revised
Fiscal Year 2015 Fee
Schedule: City Manag-
er recommending ap-
proval of a revised Fis-
que Code of Ordinan-
ces Title 4 Business
and License Regula-
tions, Chapter 2 Liquor
Control, Article B Liq-
uor, Beer and Wine Li-
censes 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 indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by Con-
nors. Motion carried 7-0.
1. Sanitary Sewer
Cured -in -Place Pipe
(CIPP) Lining Project
Fiscal Year 2015: City
Manager recommend-
ing initiation of the bid-
ding process for the
Fiscal Year 2015 Sani-
tary Sewer Cured -in -
Place Pipe (CIPP) Lin-
ing 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 appro-
val of plans, specifica-
tions, form of contract,
and estimated cost;
setting date of public
hearing on plans, spec-
ifications, form of con-
tract, 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 Re-
pair Project: City Man-
ager recommending in-
itiation of the bidding
process for the Jule
Transit Facility Roof &
Sprinkler Repair Proj-
ect, and further recom-
mends 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, specifica-
tions, form of contract,
and estimated cost;
and ordering the ad-
vertisement 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 Man-
ager 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 ex-
cluded from Residen-
tial Parking Permit Dis-
trict "D." Upon motion
the documents were
received and filed and
Resolution No. 152-14
Setting a public hear-
ing on amending Resi-
BOARDS/
COMMISSIONS
Applicants were invit-
ed to address the City
Council regarding their
desire to serve on the
following Boards/Com-
missions.
1. Civil Service Com-
mission: 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 appoint-
ment.
2. Long Range Plan-
ning Advisory Commis-
sion: One 3 -year term
through July 1, 2017
(vacant term of Van
Iten); Applicant: Josh-
ua Clements, 561 Jef-
ferson 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 Mar-
quette PI.; Dan Ham-
mel, 2922 Fox Hollow
Dr.; and David Wilson,
2918 Washington St.
Motion by Braig to ap-
point Mr. Dixon, Mr.
Hammel and Mr. Wil-
son to 3 -year terms
through May 21, 2017.
Seconded by Resnick.
Motion carried 7-0.
PUBLIC HEARINGS
1. Request to Rezone -
1100 Carmel Drive:
Proof of publication on
notice of public hear-
ing to consider a re-
quest by Sisters of
Charity BVM / The La-
kota Group to rezone
property at 1100 Car-
mel Drive from R-1,
Single -Family Residen-
tial, to PUD, Planned
Unit Development and
the Zoning Advisory
Commission recom-
mending denial. Corre-
spondence from the
applicant requesting
the public hearing be
rescheduled to June 16,
2014. Motion by Con-
nors to receive and file
the documents and re-
schedule the public
hearing to June 16,
2014. Seconded by
Braig. Motion carried
7-0.
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil on the following
items.
2. Request to Rezone -
3674 Crescent Ridge:
Proof of publication on
notice of public hear-
ing to consider a re-
quest by Dr. Mary Lynn
Neumeister to rezone
the property at 3674
Crescent Ridge from R-
1, Single -Family Resi-
dential, 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 ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Jones. Mary Lynn
der Drew Cook and
Sons Excavating Co.,
Inc. Motion by Braig to
receive and file the
documents and adopt
Resolution No. 157-14
Awarding public im-
provement contract for
the SRF Green Alley Bid
Set 4 Project. Sec-
onded by Jones. Motion
carried 7-0.
2. Sisters of St. Fran-
cis - Request to Donate
Peace Pole: Parks and
Recreation Commis-
sion recommend ng
approval to accept a
peace pole gift from
the Sisters of St. Fran-
cis of the Holy Family
and place the pole in
Washington Park. Mo-
tion by Braig to receive
and file the documents
and approve the rec-
ommendation. Second-
ed by Connors. City
Manager Van Milligen
stated that the specific
location within Wash-
ington Park would be
decided by Leisure
Services Manager Mar-
ie Ware. Motion carried
7-0.
3. Environmental
Stewardship Advisory
Commission: Corre-
spondence from the
Environmental Stew-
ardship Advisory Com-
mission recommending
that the City Council
include sustainability
and environmental
stewardship options in
its promotion of Tax In-
crement 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 Coun-
cil to include approval
of specific wording.
Motion carried 7-0.
4. Bond Purchase
Agreement - Sales Tax
Increment Revenue
Bonds (Unlimited Prop-
erty Tax Supported),
Second Lien Series
2014A: City Manager
recommending appro-
val of the Bond Pur-
chase Agreement and
the Master Resolution
in connection with the
issuance of Sales Tax
Increment Revenue
Bonds (Unlimited Prop-
erty 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 execu-
tion of a Bond Pur-
chase Agreement in
connection with the is-
suance of Sales Tax In-
crement Revenue
Bonds (Unlimited Prop-
erty Tax Supported),
Second Lien Series
2014; and Resolution
No. 159-14 Master reso-
lution relating to the is-
suance of Sales Tax In-
crement Revenue
Bonds by the City of
Dubuque under the
provisions of Chapter
418 of the Code of Io-
wa, authorizing and
providing for the issu-
ance and securing the
payment of Sales Tax
ncrement Revenue
Bonds (Unlimited Prop-
erty Tax Supported),
Second Lien Series
2014, and providing for
a method of payment
thereof, and related
INPUT
Council Member Con-
nors reported on the
recent delegation visit
from the Sister City of
Dornbirn, Austria, dur-
ing which the official
Sister City proclama-
tion was reaffirmed be-
tween Mayor Buol and
Mayor Andrea Kauf-
mann of Dornbirn. Ms.
Connors added that the
experience was en-
couraging and that the
delegation found many
ideas to share with
Dornbirn.
Council Member
Jones reported on a re-
cent 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 Herit-
age Drive, requested
that the City Council
change the process for
reviewing ordinances
to allow for public in-
put believing that the
current process sends
the wrong message to
citizens.
Jacob Long, 4604 Car-
dinal Drive, concurred
with Mr. Gilloon, and
requested that the City
Council move the Pub-
lic Input section to the
beginning of the agen-
da.
Alex Wehrspann, 1388
Thomas Place, asked
the City Council to ad-
dress backyard burn-
ing as a public health
issue and to more
strictly regulate when,
where, and what can
be burned.
Joan Wehrspann, 1388
Thomas Place, ad-
dressed the City Coun-
cil regarding her heath
issues that she attrib-
utes to backyard burn-
ing stating that it is not
in keeping with the
City's sustainability
principles. Ms. Wehr-
spann also expressed
frustration with the
City following her re-
quests for enforcement
of illegal burning.
Jack Mescher, 1235
Mt. Loretta Drive, ad-
dressed the Council re-
garding what he be-
lieves are limited
methods of communi-
cating 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 Associ-
ation and as a Main
Street property owner
that the lower Main
Street area is seeing
resurgence in rough
public behavior specifi-
cally 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 exam-
ple.
Mark Lansing, 3761
Hillcrest Road, ex-
pressed his opinion
er recommending ap-
proval of a revised Fis-
cal Year 2015 fee
schedule for the Devel-
opment Services Activ-
ity in the Planning
Services Department. It
is further recommend-
ed the City Council ap-
prove a resolution
rescinding the previous
fees and adopting a
new fee schedule.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 148-14
Rescinding Resolution
No. 70-14, Establishing
a Schedule of Develop-
ment Services Fees,
and adopting In lieu
thereof a new Sched-
ule of Development
Services Fees as pro-
vided in Title 16 of the
City of Dubuque Code
of Ordinances, Unified
Development Code was
adopted.
9. North End Neigh-
borhood Association
Petition: Correspond-
ence from the North
End Neighborhood As-
sociation petitioning
the City of Dubuque to
collaborate on a street
lighting project in the
2500 block of Jackson
Street. Motion by Con-
nors to receive and file
the documents and re-
fer to the City Manag-
er. Seconded by Lynch.
Connors stated that
this has been an issue
for the neighborhood
for some time. Motion
carried 7-0.
10. PEG Capital Ex-
penditure Request:
City Manager recom-
mending approval of
the Cable TV Commis-
sion recommendation
for funding from the
Public, Educational,
and Government (PEG).
Capital Grant for Ac-
cess Equipment and
Facilities to provide
new field production
gear for Loras College,
Upon motion the docu-
ments were received,
fled and approved.
11. Crescent Com-
munity Health Center
Letters of Support: City
Manager recommend-
ing approval to sign
letters of support for
Crescent Community
Health Center and Fed-
erally Qualified Health
Centers funding. Upon
motion the documents
were received, filed
and approved.
12. Improvement Con-
tracts and Mainte-
nance Bonds: Drew
Cook & Sons Exca-
vating 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 Resur-
facing with Milling
Project. Upon motion
the documents were
received, filed and ap-
proved.
13. Alcohol License
Applications: City Man-
ager recommend ng
approval of annual liq-
uor, beer, and wine li-
censes as submitted.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 149-14 Approv-
ing applications for
beer, liquor, and/or
wine permits, as re-
quired by City of Dubu-
Setting a public hear-
ing on amending Resi-
dential Parking Permit
District D to include
Alicia Street and Mar-
jorie Circle was adopt-
ed setting a public
hearing for a meeting
to commence at 6:30
p.m. on June 2, 2014 in
the Historic Federal
Building.
4. Greater Downtown
Urban Renewal District
Amendment: City Man-
ager recommending
approval of a Resolu-
tion of Necessity that
finds that an amend-
ment of the Amended
and Restated Urban
Renewal Plan for the
Greater Downtown Ur-
ban Renewal District is
both necessary and ap-
propriate 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 Neces-
sity finding that certain
areas adjacent to the
Greater Downtown Ur-
ban Renewal District
meet the definition of a
Blighted Area under
the Urban Renewal
Law, and that develop-
ment of said areas is
necessary in the inter-
est of the residents of
the City of Dubuque,
Iowa, and setting dates
of hearing and consul-
tation on a proposed
amendment to the
Amended and Restated
Urban Renewal Plan for
said District was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on June 16,
2014 in the Historic
Federal Building.
5. Technology Park
Urban Renewal District
Amendment: City Man-
ager recommending
approval of a Resolu-
tion of Necessity that:
1) finds that an Amend-
ed and Restated Urban
Renewal Plan for the
Dubuque Technology
Park Economic Devel-
opment District is both
necessary and appro-
priate; 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 ,Eco-
nomic Development
District meet the defi-
nition of an Economic
Development Area un-
der the Urban Renewal
Law, that development
of said Area is neces-
sary in the interest of
the residents of the
City of Dubuque, Iowa,
and setting dates of
hearing and consulta-
tion on a proposed
amendment to the
Amended And Restated
Urban Renewal Plan for
said District was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on June 16,
2014 in the Historic
Federal Building.
pended. Seconded by
Jones. Mary Lynn
Neumeister spoke in
support of the request.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Zoning Advisory Com-
mission Chairperson
Patrick Norton and As-
sistant Planner Kyle
Kritz responded to
questions from the City
Council and explained
how the current mem-
bership makeup of the
commission precipitat-
ed a 3-1 vote thereby
requiring an automatic
denial by the Commis-
sion. 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 Ti-
tle 16 of The City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 3674 Cres-
cent Ridge from R-1
Single -Family Residen-
tial District to C-3 Gen-
eral Commercial Dis-
trict. Seconded by
Lynch. Motion carried
7-0.
3. Water Treatment
Plant North Softening
Basins Rehabilitation
Protect: Proof of publi-
cation on notice of
public hearing to con-
sider approval of the
specifications, form of
contract and the esti-
mated cost for the Wa-
ter Treatment Plant
North Softening Basins
Rehabilitation Project
and the City Manager
recommending appro-
val. Motion by Jones to
receive and file the
documents and adopt
Resolution No. 155-14
Approval of specifica-
tions, 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 Interpre-
tive Area Expansion
Project: Proof of publi-
cation on notice of
public hearing to con-
sider approval of plans,
specifications, form of
contract, and estimat-
ed cost of the E. B.
Lyons Interpretive Area
Expansion Project and
the City Manager rec-
ommending approval.
Motion by Braig to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 156-14 Ap-
proval of plans, specifi-
cations, form of con-
tract, and estimated
cost for the E. B. Lyons
Interpretive Area Ex-
pansion Project. Sec-
onded by Connors. Mo-
tion carried 7-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
1. SRF Green Alley
Project Bid Set 4 - Proj-
ect Award: City Man-
ager recommending
award of the SRF Green
Alley Project Bid Set 4
contract to the low bid -
a method of payment
thereof, and related
matters. Seconded by
Connors. Finance Di-
rector Ken TeKippe,
Tim Oswald of Piper
Jaffray, and Tom Gavin
of R.W. Baird present-
ed background infor-
mation 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 recommend-
ing adoption of a re-
vised Special Events
Permit Ordinance and
Waiver Policy. Corre-
spondence . 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 re-
ceive and file the docu-
ments and that the re-
quirement that a pro-
posed 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. Second-
ed by Braig. Assistant
City Attorney Crenna
Brumwell provided a
slide presentation stat-
ing that the primary
modification to the
proposed ordinance
from the last version
was to define specific
language related to as-
semblies where no per-
mit, fees, insurance or
indemnification is re-
quired and notification
to the City Manager is
encouraged. Ms. Brum-
well further stated that
language was added
regarding interfering
with a lawful assem-
blies and defining spe-
cial events. The exist-
ing language regarding
events on private prop-
erty 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 exist-
ing unlawful assembly
provision was moved
to Title 7. Mr. Gilloon,
after addressing the
Council from the gal-
lery, was informed that
there would be no pub-
lic input at this time.
Motion carried 6-1 with
Lynch voting nay.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No. 35-14 Amending
City of Dubuque Code
of Ordinances Title 10
Public Ways and Prop-
erty by repealing Chap-
ter 4 Parades and As-
semblies and Enacting
a new Chapter 4 Pa-
rades, Assemblies and
Special Events in lieu
thereof; adopting a
New Chapter 8 Valet
Drop Off Parking; Per-
mit Requirements; and
Amending Title 7 Po-
lice, Fire and Public
Safety, Chapter 5 Of-
fenses, Article A Gen-
eral Offenses by adopt-
ing a new Section 7-5A-
18 Unlawful Assembly.
Seconded by Connors.
Motion carried 6-1 with
Lynch voting nay.
COUNCIL MEMBER
REPORTS PUBLIC
Hillcrest Road, ex-
pressed his opinion
that citizens just need
to feel that the Council
's listening to them.
Jeff Lenhart, 1270 Lo-
cust Street, stated that
he felt lucky to be liv-
ing 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 ses-
sion at 8:09 p.m. to dis-
cuss property acquisi-
tion pursuant to Chap-
ter 21.5(1)(c), -(j) Code
of Iowa. Seconded by
Connors. Motion car-
ried 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 fur-
ther business, upon
motion the City Council
adjourned at 8:37 p.m.
/s/Kevin 5. Firnstahl,
CMC, City Clerk
It 5/28
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: May 28, 2014, and for which the charge is $340.91.
Subscribed to before me, Notary�Public in and for Dubuque County, Iowa,
this „leaf day of, I , 20 /y
i
Notary Public in and for Dubuque County, Iowa.
MARYK, WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2017
CITY 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 His-
toric 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 con-
ducting a work session
on payday lenders.
WORK SESSION
Payday Lenders
Planning Services
Manager ' Laura Car-
stens, Assistant Plan-
ner Kyle Kritz and As-
sociate Planner Guy
Hemenway provided a
slide presentation on
payday lender institu-
tions and related zon-
ing issues. Topics in-
cluded:
• Definition of payday
loans and lenders
• Number and location
of payday lender busi-
nesses in Dubuque
• Comparisons to oth-
er Iowa cities
• Various zoning sepa-
ration buffers and re-
striction options
• Separation from/re-
lationship to residen-
tial areas
• Relationships to
Community Develop-
ment Block Grant
(CDBG) target areas
• Impact of zoning
regulations
• Recommendation
City Council had dis-
cussion with staff fol-
lowing the presenta-
tion regarding public
financial education
programs, business
proliferation, state leg-
islation, and zoning "op-
tions.
The City Council
reached consensus on
referring the matter to
the Zoning 'Advisory
Commission for draft-
ing letters to state leg-
islators to place on a
future City Council
agenda.
There being no fur-
ther business, upon
motion the City Council
adjourned at 5:53 p.m.
/s/Kevin S. Firnstahl,
CMC, City Clerk
It 5/28
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 His-
toric 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 con-
ducting such business
that may properly
come before the City
Council.
PLEDGE OF
ALLEGIANCE
INTRODUCTIONS
International City/
County Managers As-
sociation (ICMA) Fel-
lowship Exchange
members, Dulce Gu-
terres Junior and Ange-
la Tavares DeJesus
from the country of
Timor Leste introduced
themselves and descri-
bed what they are
learning from Dubuque
to help their country
decentralize its gov-
ernment.
CONSENT ITEMS
Motion. by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Jones.
Council Member Con-
nors requested item #9
North End Neighbor-
hood Association Peti-
tion be held for sepa-
rate discussion. Motion
carried 7-0.
1. Minutes and Re-
ports Submitted: Cable
TV Commission of 4/2,
City Council proceed-
ings of 5/5, Five Flags
Civic Center Advisory
Commission of 4/28,
Human Rights Commis-
sion of 4/14, Library
Board of Trustees of
2/27, Zoning Advisory
Commission of 5/7,
Proof of Publication for
City Council proceed-
ings of 4/21, Proof of
Publication for List of
Claims and Summary
of Revenues for Month
Ended 3/31. Upon mo-
tion the documents
were received and
filed.
2. Humanities Iowa
Grant - Sister City
Commission: City Clerk
Kevin Firnstahl recom-
mending approval' of
the submission of a Hu -
Legal Notices
manities Iowa mini
grant application in the
amount of $3,000 for
the Handan, China, Sis-,
ter City photo display.
Upon motion the docu-
ments were received,
filed and approved.
3. Community Devel-
opment Block Grant
(CDBG) Request to Re-
lease Funds: City Man-
ager recommending
approval of the Re-
quest for Release of
Funds for the proposed
projects approved in
the Fiscal Year 2015
(Program Year 2014)
Annual Action Plan for
Community Develop-
ment Block Grant ac-
tivities. 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 adopt-
ed.
4. Iowa Department of
Transportation: Corre-
spondence from the Io-
wa Department of
Transportation advis-
ing the City that it pro-
poses to let a bridge
rehabilitation project
on US 52 at Grandview
Avenue on October 21,
2014. Upon motion the
documents were re-
ceived and filed.
5. Workers' Compen-
sation Settlement -
Weidenbacher Claim:
City Attorney recom-
mending approval of
an Agreement for Set-
tlement regarding a
workers' compensation
claim that was filed
against the City of Du-
buque by Mark
Weidenbacher. Upon
motion the documents
were received, filed
and approved.
6. Workers' Compen-
sation Settlement -
Hillard Claim: City At-
torney recommending
approval of an Agree-
ment for Settlement re-
garding 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 Invest-
ment Co. for the con-
struction of under-
ground electric, fiber
optic cable, traffic sig-
nals and other appur-
tenant improvements
associated with the JFK
& Wacker Driver Inter-
section Improvements
Traffic Signalization
project. Upon motion
the documents were
received and filed and
Resolution No. 147-14
Accepting the grant of
a utltity 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 Serv-
ices Activity ,- Revised
Fiscal Year 2015 Fee
Schedule: City Manag-
er recommending ap-
proval of a revised Fis-
cal Year 2015 fee
schedule for the Devel-
opment Services Activ-
ity in the Planning
Services Department. It
is further recommend-
ed the City Council ap-
prove a resolution
rescinding the previous
fees and adopting a
new fee schedule.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 148-14
Rescinding Resolution
No. 70-14, Establishing
a Schedule of Develop-
ment Services Fees,
and adopting in lieu
thereof a new Sched-
ule of Development
Services Fees as pro-
vided in Title 16 of the
City of Dubuque Code
of Ordinances, Unified
Development Code was
adopted.
9. North End Neigh-
borhood Association
Petition: Correspond-
ence from the North
End Neighborhood As-
sociation petitioning
the City of Dubuque to
collaborate on a street
lighting project in the
2500 block of Jackson
Street. Motion by Con-
nors to receive and file
the documents and re-
fer to the City Manag-
er. Seconded by Lynch.
Connors stated that
this has been an issue
for the neighborhood
for some time. Motion
carried 7-0.
10. PEG Capital Ex-
penditure Request:
City Manager recom-
mending approval of
the Cable TV Commis-
sion recommendation
for funding from the
Public, Educational,
and Government (PEG)
Capital Grant for Ac-
cess Equipment and
Facilities to provide
new field production
gear for Loras College.
que Code of Ordinan-
ces Title 4 Business
and License Regula-
tions, Chapter 2 Liquor
Control, Article B Liq-
uor, Beer and Wine Li-
censes 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 indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by Con-
nors. Motion carried 7-0.
1. Sanitary Sewer
Cured -in -Place Pipe
(CIPP) Lining Project
Fiscal Year 2015: City
Manager recommend-
ing initiation of the bid-
ding process for the
Fiscal Year 2015 Sani-
tary Sewer Cured -in -
Place Pipe (CIPP) Lin-
ing 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 appro-
val of plans, specifica-
tions, form of contract,
and estimated cost;
setting date of public
hearing on plans, spec-
ifications, form of con-
tract, 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 Re-
pair Project: City Man-
ager recommending in-
itiation of the bidding
process ,for the Jule
Transit Facility Roof &
Sprinkler Repair Proj-
ect, and further recom-
mends 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, specifica-
tions, form of contract,
and estimated cost;
and ordering the ad-
vertisement 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 Man-
ager 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 ex-
cluded from Residen-
tial Parking Permit Dis-
trict "D." Upon motion
the documents were
received and filed and
Resolution No. 152-14
Setting a public hear-
ing. on amending Resi-
dential Parking Permit
District D to include
Alicia Street and Mar-
jorie Circle was adopt-
ed setting a public
hearing for a meeting
to commence at 6:30
p.m. on June 2, 2014 in
the Historic Federal
Building.
4. Greater Downtown
Urban Renewal District
Amendment: City Man-
ager recommending
approval of a Resolu-
tion of Necessity that
finds that an amend-
ment of the Amended
and Restated Urban
Renewal Plan for the
Greater Downtown Ur-
ban Renewal District is
both necessary and ap-
propriate 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 Neces-
sity finding that certain
areas adjacent to the
Greater Downtown Ur-
ban Renewal District
meet the definition of a
Blighted Area under
the Urban Renewal
Law, and that develop-
ment of said areas is
necessary in the inter-
est of the residents of
the City of Dubuque,
Iowa, and setting dates
of hearing and consul-
tation on a proposed
amendment to the
Amended and Restated
Urban Renewal Plan for
said District was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on June 16,
2014 in the Historic
Federal Building.
5. Technology Park
Urban Renewal District
Amendment: City Man-
ager recommending
approval of a Resolu-
tion of Necessity that:
BOARDS/
COMMISSIONS
Applicants were invit-
ed to address the City
Council regarding their
desire to serve on the
following Boards/Com-
missions.
I. Civil Service Com-
mission: 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 appoint-
ment.
2. Long Range Plan-
ning Advisory Commis-
sion: One 3-year term
through July 1, 2017
(vacant term of Van
!ten); Applicant: Josh-
ua Clements, 561 Jef-
ferson St. Mr. Clements
spoke in support of his
oappointment.
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 Mar-
quette PI.; Dan Ham-
mel, 2922 Fox Hollow
Dr.; and David Wilson,
2918 Washington St.
Motion by Braig to ap-
point Mr. Dixon, Mr.
Hammel and Mr. Wil-
son to 3-year terms
through May 21, 2017.
Seconded by Resnick.
Motion carried 7-0.
PUBLIC HEARINGS
1. Request to Rezone -
1100 Carmel Drive:
Proof of publication on
notice of public hear-
ing to consider a re-
quest by Sisters of
Charity BVM / The La-
kota Group to rezone
property at 1100 Car-
mel Drive from R-1,
Single -Family Residen-
tial, to PUD, Planned
Unit Development and
the Zoning Advisory
Commission recom-
mending denial. Corre-
spondence from the
applicant requesting
the public hearing be
rescheduled to June 16,
2014. Motion by Con-
nors to receive and file
the documents and re-
schedule the public
hearing to June 16,
2014. Seconded by
Braig. Motion carried
7-0.
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil on the following
items.
2. Request to Rezone -
3674 Crescent Ridge:
Proof of publication on
notice of public hear-
ing to consider a re-
quest by Dr. Mary Lynn
Neumeister to rezone
the property at 3674
Crescent Ridge from R-
1, Single -Family Resi-
dential, 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 ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Jones. Mary Lynn
Neumeister spoke in
support of the request.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Zoning Advisory Com-
mission Chairperson
Patrick Norton and As-
sistant Planner Kyle
Kritz responded to
questions from the City
Council and explained
how the current mem-
bership makeup of the
commission precipitat-
ed a 3-1 vote thereby
requiring an automatic
denial by the Commis-
sion. 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 Ti-
tle 16 of The City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 3674 Cres-
cent Ridge from R-1
Single -Family Residen-
tial District to C-3 Gen-
eral Commercial Dis-
trict. Seconded by
Lynch. Motion carried
7-0.
3. Water Treatment
Plant North Softening
Basins Rehabilitation
Project: Proof of publi-
cation on notice of
public hearing to con-
sider approval of the
specifications, form of
contract and the esti-
mated cost for the Wa-
ter Treatment Plant
North Softening Basins
Rehabilitation Project
and the City Manager
recommending appro-
val. Motion by Jones to
receive and file the
documents and adopt
Resolution No. 155-14
der Drew Cook and
Sons Excavating Co.,
Inc. Motion by Braig to
receive and file the
documents and adopt
Resolution No. 157-14
Awarding public im-
provement contract for
the SRF Green Alley Bid
Set 4 Project. Sec-
onded by Jones. Motion
carried 7-0.
2. Sisters of St. Fran-
cis - Request to Donate
Peace Pole: Parks and
Recreation Commis-
sion recommending
approval to accept a
peace pole gift from
the Sisters of St. Fran-
cis of the Holy Family
and place the pole in
Washington Park. Mo-
tion by Braig to receive
and file the documents
and approve the rec-
ommendation. Second-
ed by Connors. City
Manager Van Milligen
stated that the specific
location within Wash-
ington Park would be
decided by Leisure
Services Manager Mar-
ie Ware. Motion carried
7-0.
3. Environmental
Stewardship Advisory
Commission: Corre-
spondence from the
Environmental Stew-
ardship Advisory Com-
mission recommending
that the City Council
include sustainability
and environmental
stewardship options in
its promotion of Tax In-
crement 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 Coun-
cil to include approval
of specific wording.
Motion carried 7-0.
4. Bond Purchase
Agreement - Sales Tax
Increment Revenue
Bonds (Unlimited Prop-
erty Tax Supported),
Second Lien Series
2014A: City Manager
recommending appro-
val of the Bond Pur-
chase Agreement and
the Master Resolution
in connection with the
issuance of Sales Tax
Increment Revenue
Bonds (Unlimited Prop-
erty 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 execu-
tion of a Bond Pur-
chase Agreement in
connection with the is-
suance of Sales Tax In-
crement Revenue
Bonds (Unlimited Prop-
erty Tax Supported),
Second Lien Series
2014; and Resolution
No. 159-14 Master reso-
lution relating to the is-
suance of Sales Tax In-
crement Revenue
Bonds by the City of
Dubuque under the
provisions of Chapter
418 of the Code of Io-
wa, authorizingand
providing for the issu-
ance and securing the
payment of Sales Tax
Increment Revenue
Bonds (Unlimited Prop-
erty Tax Supported),
Second Lien Series
2014, and providing for
a method of payment
thereof, and related
matters. Seconded by
Connors. Finance Di-
rector Ken TeKippe,
Tim Oswald of Piper
Jaffray, and Tom Gavin
of R.W. Baird present-
ed background infor-
mation 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 recommend-
ing adoption of a re-
vised Special Events
Permit Ordinance and
Waiver Policy. Corre-
spondence . 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 re-
ceive and file the docu-
ments and that the re-
quirement that a pro-
posed 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. Second-
ed by Braig. Assistant
City Attorney Crenna
Brumwell provided a
slide presentation stat-
ing that the primary
modification to the
proposed ordinance
from the last version
was to define specific
language related to as-
semblies where no per-
mit, fees, insurance or
indemnification is re-
quired and notification
to the City Manager is
encouraged. Ms. Brum-
well further stated that
language was added
regarding interfering
with a lawful assem-
blies and defining spe-
cial events. The exist-
ing language regarding
events on private prop -
INPUT
Council Member Con-
nors reported on the
recent delegation visit
from the Sister City of
Dornbirn, Austria, dur-
ing which the official
Sister City proclama-
tion was reaffirmed be-
tween Mayor Buol and
Mayor Andrea Kauf-
mann of Dornbirn. Ms.
Connors added that the
experience was en-
couraging and that the
delegation found many
ideas to share with
Dornbirn.
Council Member
Jones reported on a re-
cent 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 Herit-
age Drive, requested
that the City Council
change the process for
reviewing . ordinances
to allow for public in-
put believing that the
current process sends
the wrong message to
citizens.
Jacob Long, 4604 Car-
dinal Drive, concurred
with Mr. Gilloon, and
requested that the City
Council move the Pub-
lic Input section to the
beginning of the agen-
da.
Alex Wehrspann, 1388
Thomas Place, asked
the City Council to ad-
dress backyard burn-
ing as a public health
issue and to more
strictly regulate when,
where, and what can
be burned.
Joan Wehrspann, 1388
Thomas Place, ad-
dressed the City Coun-
cil regarding her heath
issues that she attrib-
utes to backyard burn-
ing stating that it is not
in keeping with the
City's sustainability
principles. Ms. Wehr-
spann also expressed
frustration with the
City following her re-
quests for enforcement
of illegal burning.
Jack Mescher, 1235
Mt. Loretta Drive, ad-
dressed the Council re-
garding what he be-
lieves are limited
methods of communi-
cating 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 Associ-
ation and as a Main
Street property owner
that the lower Main
Street area is seeing
resurgence in rough
public behavior specifi-
cally 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 anexam-
ple.
Mark Lansing, 3761
Hillcrest Road, ex-
pressed his opinion
that citizens just need
to feel that the Council
is listening to them.
Jeff Lenhart, 1270 Lo-
cust Street, stated that
he felt lucky to be liv-
ing 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 ses-
sion at 8:09 p.m. to dis-
cuss property acquisi-
tion pursuant to Chap-
ter 21.5(1)(c), -(j) Code
of Iowa. Seconded by
Connors. Motion car-
ried 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 fur-
ther business, upon
motion the City Council
adjourned at 8:37 p.m.
/s/Kevin S. Firnstahl,
CMC, City Clerk
it 5/28
Community Develop-
ment Block Grant
(CDBG) target areas
• Impact of zoning
regulations
• Recommendation
City Council had dis-
cussion with staff fol-
lowing the presenta-
tion regarding public
financial education
programs, business
proliferation, state leg-
islation, and zoning op-
tions.
The City Council
reached consensus on
referring the matter to
the Zoning Advisory
Commission for draft-
ing letters to state leg-
islators to place on a
future City Council
agenda.
There being no fur-
ther business, upon
motion the City Council
adjourned at 5:53 p.m.
/s/Kevin S. Firnstahl,
CMC, City Clerk
It 5/28
GM-11. M memoci -con-
nors requested item #9
North End Neighbor-
hood Association Peti-
tion be held for sepa-
rate discussion. Motion
carried 7-0.
1. Minutes and Re-
ports Submitted: Cable
TV Commission of 4/2,
City Council proceed-
ings of 5/5, Five Flags
Civic Center Advisory
Commission of 4/28,
Human Rights Commis-
sion of 4/14, Library
Board of Trustees of
2/27, Zoning Advisory
Commission of 5/7,
Proof of Publication for
City Council proceed-
ings of 4/21, Proof of
Publication for List of
Claims and Summary
of Revenues for Month
Ended 3/31. Upon mo-
tion the documents
were received and
filed.
2. Humanities Iowa
Grant - Sister City
Commission: City Clerk
Kevin Firnstahl recom-
mending approval' of
the submission of a Hu -
mending approval of 2. Jule Transit Facility notice of public hear- Seconded by KesnICK. the UM, LOU IC❑ IA) au
an Agreement for Set- Roof and Sprinkler Re- ing to consider a re- City Manager Van dress backyard burn-
tlement regarding a pair Project: City Man- quest by Sisters of Milligen stated that the ing as a public health
workers' compensation ager recommending in- Charity BVM / The La- item would be brought issue and to more
claim that was filed itiation of the bidding kota Group to rezone back to the City Coun- strictly regulate when,
against the City of Du- process for the Jule property at 1100 Car- cil to include approval where, and what can
buque by Mark Transit Facility Roof & mel Drive from R-1, of specific wording. be burned.
Weidenbacher. Upon Sprinkler Repair Proj- Single -Family Residen- Motion carried 7-0. Joan Wehrspann, 1388
motion the documents ect, and further recom- tial, to PUD, Planned 4. Bond Purchase Thomas Place, ad -
were received, filed mends that a public Unit Development and Agreement - Sales Tax dressed the City Coun-
and approved. hearing be set for June the Zoning Advisory Increment Revenue cil regarding her heath
6. Workers' Compen- 2, 2014. Upon motion Commission recom- Bonds (Unlimited Prop- issues that she attrib-
sation Settlement - the documents were mending denial. Corre- erty Tax Supported), utes to backyard burn -
Hillard Claim: City At- . received and filed and spondence from the Second Lien Series ing stating that it is not
torney recommending Resolution No. 151-14 applicant requesting 2014A: City Manager in keeping with the
approval of an Agree- Preliminary approval of the public hearing be recommending appro- City's sustainability
ment for Settlement re- plans, specifications, rescheduled to June 16, val of the Bond Pur- principles. Ms. Wehr-
garding a workers' form of contract, and 2014. Motion by Con- chase Agreement and spann also expressed
compensation . claim estimated cost; setting nors to receive and file the Master Resolution frustration with the
that was filed against date of public hearing the documents and re- in connection with the City following her re -
the City of Dubuque by on plans, specifica- schedule the public issuance of Sales Tax quests for enforcement
of illegal burning.
Jack Mescher, 1235
Mt. Loretta Drive, ad-
dressed the Council re-
garding what he be-
lieves are limited
methods of communi-
cating 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 Associ-
ation and as a Main
Street property owner
that the lower Main
Street area is seeing
resurgence in rough
public behavior specifi-
cally 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 exam-
ple..
Mark Lansing, 3761
Hillcrest Road, ex-
pressed his opinion
that citizens just need
to feel that the Council
is listening to them.
Jeff Lenhart, 1270 Lo-
cust Street, stated that
he felt lucky to be liv-
ing 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 ses-
sion at 8:09 p.m. to dis-
cuss property acquisi-
tion pursuant to Chap-
ter 21.5(1)(c), -(j) Code
of Iowa. Seconded by
Connors. Motion car-
ried 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 fur-
ther business, upon
motion the City Council
adjourned at 8:37 p.m.
/s/Kevin S. Firnstahl,
CMC, City Clerk
1t 5/28
Richard Hillard. Upon tions, form of contract, hearing to June 16, Increment Revenue
motion the documents and estimated cost; 2014. Seconded ' by Bonds (Unlimited Prop -
were received, filed and ordering the ad- Braig. Motion carried erty Tax Supported),
and approved. vertisement for bids 7-0. Second Lien Series
7. Key City Investment was adopted setting a Upon motion the rules
Co. - Acceptance of public hearing for a were suspended allow -
Utility Easement: City meeting to commence ing anyone present to
Manager acceptance at 6:30 p.m. on June 2, address the City Coun-
of a utility easement 2014 in the Historic cil on the following
from Key City Invest- Federal Building. items.
ment Co. for the con- 3. Residential Parking 2. Request to Rezone -
struction of under- Permit District "D" 3674 Crescent Ridge:
ground electric, fiber Amendment: City Man- Proof of publication on
optic cable, traffic sig- ager recommending notice of public hear-
nals and other appur- that a public hearing ing to consider a re -
tenant improvements be set for June 2, 2014, quest by Dr. Mary Lynn
associated with the JFK on an amendment to Neumeister to rezone
& Wacker Driver Inter- Residential Parking the property at 3674
section Improvements Permit District "D" by Crescent Ridge from R-
Traffic Signalization adding Alicia Street 1, Single -Family Resi-
project. Upon motion from Pennsylvania dential, to C-3, General
the documents were Avenue to Andrea Commercial Zoning
received and filed and Street, both sides, and District and the Zoning
Resolution No. 147-14 Marjorie Circle from Advisory Commtssion
Accepting the grant of Amy Court to Andrea recommending .denial.
a unity easement Street, both sides. It is Restated motion by
through, over and further recommended Connors to receive and
across a part of Lot 2- that the portion of the file the documents and
11 Yiannias Place, in petition not meeting that the requirement
the City of Dubuque, the 80% criteria be ex- that a proposed ordi-
Dubuque County, Iowa, cluded from Residen- nance be considered
was adopted. tial Parking Permit Dis- and voted on for pas-
8. Development Serv- trict "D." Upon motion sage at two Council
ices Activity.- Revised the documents were meetings prior to the
Fiscal Year 2015 Fee received and filed and meeting at which it is
Schedule: City Manag- Resolution No. 152-14 to be passed be sus-
er recommending ap- Setting a public hear- pended. Seconded by
proval of a revised Fis- ing, on amending Resi- Jones. Mary Lynn
cal Year 2015 fee dential Parking Permit Neumeister spoke in
schedule for the Devel- District D to include
opment Services Activ- Alicia Street and Mar-
ity in the Planning jorie Circle was adopt -
Services Department. It ed setting a public
is further recommend- hearing for a meeting
ed the City Council ap- to commence at 6:30
prove a resolution p.m. on June 2, 2014 in
rescinding the previous the Historic Federal
fees and adopting a Building.
new fee schedule. 4. Greater Downtown
Upon motion the docu- Urban Renewal District
ments were received Amendment: City Man -
and filed and Resolu- ager recommending
tion No. 148-14 approval of a Resolu-
Rescinding Resolution tion of Necessity that
No. 70-14, Establishing finds that an amend -
a Schedule of Develop- ment of the Amended
ment Services Fees, and Restated Urban
and adopting in lieu Renewal Plan for the
thereof a new Sched- Greater Downtown Ur-
ule of Development ban Renewal District is
Services Fees as pro- both necessary and ap-
vided in Title 16 of the propriate and sets a
City of Dubuque Code public hearing on the
of Ordinances, Unified proposed amendment
Development Code was for June 16, 2014. Upon
adopted. motion the documents
9. North End Neigh- were received and filed
borhood Association and Resolution No. 153-
Petition: Correspond- 14 Resolution of Neces-
ence from the North sity finding that certain
End Neighborhood As- areas adjacent to the
sociation petitioning Greater Downtown Ur -
the City of Dubuque to ban Renewal District
collaborate on a street meet the definition of a
lighting project in the Blighted Area under
2500 block of Jackson the Urban Renewal
Street. Motion by Con- Law, and that develop-
nors to receive and file ment of said areas is
the documents and re- necessary in the inter-
fer to the City Manag- est of the residents of
er. Seconded by Lynch. the City of Dubuque,
Connors stated that Iowa, and setting dates
this has been an issue of hearing and consul -
for the neighborhood tation on a proposed
for some time. Motion amendment to the
carried 7-0. Amended and Restated
10. PEG Capital Ex- Urban Renewal Plan for
penditure Request: said District was
City Manager recom- adopted setting a pub -
mending approval of lic hearing for a meet -
the Cable TV Commis- ing to commence at
sion recommendation 6:30 p.m. on June 16,
for funding from the 2014 in the Historic
Public, Educational, Federal Building.
and Government (PEG) 5. Technology Park
Capital Grant for Ac- Urban Renewal District
cess Equipment and Amendment: City Man -
Facilities to provide ager recommending
new field production approval of a Resolu-
gear for Loras College. tion of Necessity that:
Upon motion the docu- 1) finds that an Amend-
ments were received, ed and Restated Urban
filed and approved. Renewal Plan for the
11. Crescent Com- Dubuque Technology
munity Health Center Park Economic Devel-
Letters of Support: City opment District is both
Manager recommend- necessary and appro-
ing approval to sign priate; 2) enters into a
letters of support for Joint Agreement with
Crescent Community the County for said
Health Center and Fed- amendment; and 3)
erally Qualified Health sets a public hearing
Centers funding. Upon on the proposed
motion the documents amendment for June
were received, ' filed 16, 2014. Upon motion
and approved. the documents were
12. Improvement Con- received and filed and
tracts and Mainte- Resolution No. 154-14
nance Bonds: Drew Resolution of Necessity
Cook & Sons Exca- finding that certain
vating Co, Inc., for SRF areas adjacent to the
Green Alley Project Bid established Dubuque
Sets 2 and 3; River City Technology Park Eco-
Paving (aka Mathy nomic Development
Construction) for the District meet the defi-
White Street (11th-21st nition of an Economic
Street) HMA Resur- Development Area un-
facing with Milling der the Urban Renewal
Project. Upon motion Law, that development
the documents were of said Area is neces-
received, filed and ap- sary in the interest of
proved. the residents of the
support of the request.
Planning Services Man-
ager Laura Carstens
provided a staff report.
Zoning Advisory Com-
mission Chairperson
Patrick Norton and As-
sistant Planner Kyle
Kritz responded to
questions from the City
Council and explained
how the current mem-
bership makeup of the
commission precipitat-
ed a 3-1 vote thereby
requiring an automatic
denial by the Commis-
sion. 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 Ti-
tle 16 of The City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 3674 Cres-
cent Ridge from R-1
Single -Family Residen-
tial District to C-3 Gen-
eral Commercial Dis-
trict. Seconded by
Lynch. Motion carried
7-0.
3. Water Treatment
Plant North Softening
Basins Rehabilitation
Project: Proof of publi-
cation on notice of
public hearing to con-
sider approval of the
specifications, form of
contract and the esti-
mated cost for the Wa-
ter Treatment Plant
North Softening Basins
Rehabilitation Project
and the City Manager
recommending appro-
val. Motion by Jones to
receive and file the
documents and adopt
Resolution No. 155-14
Approval of specifica-
tions, 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 Interpre-
tive Area Expansion
Project: Proof of publi-
cation on notice of
public hearing to con-
sider approval of plans,
specifications, form of
contract, and estimat-
ed cost of the E. B.
Lyons Interpretive Area
Expansion Project and
the City Manager rec-
ommending approval.
Motion by Braig to re-
ceive and file the docu-
ments and adopt Reso-
lution No. 156-14 Ap-
proval of plans, specifi-
cations, form of con-
tract, and estimated
cost for the E. B. Lyons
Interpretive Area Ex-
pansion Project. Sec-
13. Alcohol License City of Dubuque, Iowa, onded by Connors. Mo-
Applications: City Man- and setting dates of tion carried 7-0.
ager recommending hearing and consulta- ,Upon motion the rules
approval of annual liq- tion on a proposed were reinstated limit-
uor, beer, and wine li- amendment to the ing discussion to the
censer as submitted. Amended And Restated City Council.
2014A. Motion by Jones
to receive and file the
documents and adopt
Resolution No. 158-14
Approving the form
and authorizing execu-
tion of a Bond Pur-
chase Agreement in
connection with the is-
suance of Sales Tax In-
crement Revenue
Bonds (Unlimited Prop-
erty Tax Supported),
Second Lien Series
2014; and Resolution
No. 159-14 Master reso-
lution relating to the is-
suance of Sales Tax In-
crement Revenue
Bonds by the City of
Dubuque under the
provisions of Chapter
418 of the Code of Io-
wa, authorizingand
providing for the issu-
ance and securing the
payment of Sales Tax
Increment Revenue
Bonds (Unlimited Prop-
erty Tax Supported),
Second Lien Series
2014, and providing for
a method of payment
thereof, and related
matters. Seconded by
Connors. Finance Di-
rector Ken TeKippe,
Tim Oswald of Piper
Jaffray, and Tom Gavin
of R.W. Baird present-
ed background infor-
mation 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 recommend-
ing adoption of a re-
vised Special Events
Permit Ordinance and
Waiver Policy. Corre-
spondence . 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 re-
ceive and file the docu-
ments and that the re-
quirement that a pro-
posed 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. Second-
ed by Braig. Assistant
City Attorney Crenna
Brumwell provided a
slide presentation stat-
ing that the primary
modification to the
proposed ordinance
from the last version
was to define specific
language related to as-
semblies where no per-
mit, fees, insurance or
indemnification is re-
quired and notification
to the City Manager is
encouraged. Ms. Brum-
well further stated that
language was added
regarding interfering
with a lawful assem-
blies and defining spe-
cial events. The exist-
ing language regarding
events on private prop-
erty 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 exist-
ing unlawful assembly
provision was moved
to Title 7. Mr. Gilloon,
after addressing the
Council from the gal-
lery, was informed that
there would be no pub-
lic input at this time.
Motion carried 6-1 with
Lynch voting nay.
Motion by'Jones for fi-
nal consideration and
passage of Ordinance
No. 35-14 Amending
City of Dubuque Code
of Ordinances Title 10
Public Ways and Prop-
erty by repealing Chap-
ter 4 Parades. and As-
semblies and Enacting
a new Chapter 4 Pa-
rades, Assemblies and
Special Events in lieu
thereof; adopting a
New Chapter 8 Valet
Drop Off Parking; Per-
mit Requirements; and
Amending Title' 7 Po-
lice, Fire and Public
Safety, Chapter 5 Of-
fenses, Article A Gen -
Upon motion the docu- Urban Renewal Plan for ACTION ITEMS eral Offenses by adopt-
ments were received said District was 1. SRF Green Alley ing a new Section 7-5A-
and filed and Resolu- adopted setting a pub- Project Bid Set 4 - Proj- 18 Unlawful Assembly.
tion No. 149-14 Approv- lic hearing for a meet- ect Award: City Man- Seconded by Connors.
ing applications for ing to commence at ager recommending Motion carried 6-1 with
beer, liquor, and/or 6:30 p.m. on June 16, award of the SRF Green Lynch voting nay.
wine permits, as re- 2014 in the Historic Alley Project Bid Set 4 COUNCIL MEMBER
quired by City of Dubu- Federal Building. contract to the low bid- REPORTS PUBLIC