Minutes_City Council Proceedings 2 16 15 CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:15 p.m. on February 16, 2015
in the Historic Federal Building, 350 W. 61h Street.
Present: Mayor Buol; Council Members, Braig, Jones, Lynch, Resnick, Sutton (5:21
p.m.); City Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Connors
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 Inclusive Dubuque.
WORK SESSION
Inclusive Dubuque
Eric Dregne, Vice President of Strategic Initiatives for the Community Foundation of
Greater Dubuque; Sarah Harris, Vice President of Workforce Operations for the Greater
Dubuque Development Corporation; and Jessica Rose, Inclusive Dubuque Coordinator,
provided a slide presentation on the activities of Inclusive Dubuque. Topics included:
• Mission statement / purpose
• History of Inclusive Dubuque
• Progress: staff and communications, ID Network Partners
• Community Equity Profile: definition, timeline; data, community dialogues,
community surveys, content specialists, increased awareness
• Workforce data and skills analysis
There being no further business, upon motion the City Council adjourned at 5:55 p.m.
/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 February 16, 2015
in the Historic Federal Building, 350 W. 61h Street.
Present: Mayor Buol; Council Members, Braig, Connors (via phone), 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
CONSENT ITEMS
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: Arts and Cultural Affairs Advisory Commission of
12/16/14; City Council proceedings of February 2, 4, 5 and 10; Five Flags Civic Center
Advisory Commission of 1/22; Investment Oversight Advisory Commission of 1/28;
Library Board of Trustees of 12/18/14; Zoning Advisory Commission of 2/4; Proof of
publication for City Council proceedings of 1/20, Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Steven Klein for vehicle damage; Carl Noel for
property damage; Rick Willey for vehicle damage; Estal vs. City of Dubuque for
personal injury. 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 Iowa, the agent for the Iowa Communities
Assurance Pool: Steven Klein for vehicle damage; Carl Noel for property damage; Rick
Willey for vehicle damage. Upon motion the documents were received, filed and
concurred.
4. Sustainable Dubuque Project Status Report: City Manager transmitting the
Quarterly Sustainable Dubuque Project Status Report for January 2015. Upon motion
the documents were received and filed.
5. Quarterly Investment Report for December 31 , 2014: City Manager transmitting the
December 31 , 2014 Quarterly Investment Report. Upon motion the documents were
received and filed.
6. Dubuque Regional Airport - New Terminal Entrance Road Project Acceptance and
RISE Grant Closure: City Manager recommending acceptance of the construction
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contract for the Airport U.S. 61 and New Terminal Entrance Road Intersection Project
as completed by Flynn Company and RISE grant closure. Upon motion the documents
were received and filed and Resolution No. 40-15 Accepting the U.S. 61 and New
Terminal Entrance Intersection Project and closure of the Revitalize Iowa's Sound
Economy (RISE) Grant was adopted.
7. Irrevocable License - 1000 Main Street: City Manager recommending approval of
an Irrevocable License at 1000 Main Street with 1840 LLC to keep an existing
encroachment adjacent to the building in the public right-of-way on E. 10th Street. Upon
motion the documents were received, filed and approved.
8. Purchase of Land for Right-of-Way - 767 University Avenue: City Manager
recommending approval of the purchase of an abutting sliver for 767 University Avenue
from Anna Elliott. Upon motion the documents were received and filed and Resolution
No. 41-15 Approving the acquisition of land owned by Anna Elliott at 767 University,
Abutting Silver in the City of Dubuque was adopted.
9. Property Acquisition - 2300 Jackson Street: City Manager recommending approval
to purchase a house located at 2300 Jackson Street from the Dolores A. Walbrun
Estate for rehabilitation and resale. Upon motion the documents were received and filed
and Resolution No. 42-15 Approving the acquisition of real estate owned by the Dolores
A. Walbrun Estate at 2300 Jackson Street in the City of Dubuque was adopted.
10. Preliminary Plat - Derby Grange Acres: Zoning Advisory Commission
recommending approval of the Preliminary Plat for Derby Grange Acres subject to
waiving lot frontage for Lot 6 and street width requirements for Country View Drive and
Country View Court. Upon motion the documents were received, filed and approved.
11 . Dubuque Board of Realtors Agreement: City Manager recommending approval of
a three year agreement with the City of Dubuque's Housing & Community Development
Department and the Dubuque Board of Realtors for the listing of City-owned properties.
Upon motion the documents were received, filed and approved.
12. Census Boundary Map Adjustment - Joint Resolution with the City of Asbury: City
Manager recommending approval of a resolution that affirms a joint agreement with the
City of Asbury that seeks to correct and resolve discrepancies between the U.S. Census
Bureau's boundary maps and the actual corporate limits of Asbury and Dubuque, and
requesting the U.S. Census Bureau to adjust the boundary and annexation survey
maps. Upon motion the documents were received and filed and Resolution No. 43-15
Joint Agreement to adjust U.S. Census Bureau boundary and annexation survey (BAS)
maps along a shared boundary of the City of Dubuque, Iowa and the City of Asbury,
Iowa, was adopted.
13. Code of Ordinances - Adoption of Supplement No. 17: City Clerk recommending
adoption of Supplement No. 17 to the City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 55-14, 56-14, 57-14, 59-14, 60-14, 64-14, 65-14 and 66-14 as
adopted by the City Council through December 31 , 2014. Upon motion the documents
were received and filed and Resolution No. 44-15 Adopting Supplement No. 17 to the
Code of Ordinances of the City of Dubuque, Iowa, was adopted.
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14. Alcohol and Tobacco License Renewals: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed and Resolution No. 45-15 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; and Resolution No. 46-15
Approving applications for retail cigarette/tobacco sales permits, as required by Iowa
Code 453A.47A were adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Jones. Motion carried 7-0.
1 . Sale of City-Owned Property - 1318 Jackson Street: City Manager recommending
setting a public hearing for March 2, 2015, for the purpose of disposing of City-owned
real estate at 1318 Jackson Street to Alison Levasseur and Shane Lenane. Upon
motion the documents were received and filed and Resolution No. 47-15 of Intention to
dispose of City-owned property, specifically, north half o Lot 56 in East Dubuque an
Addition to the City of Dubuque, Iowa, according to the recorded plat thereof - 1318
Jackson Street, was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on March 2, 2015 in the Historic Federal Building.
BOARDS/COMMISSIONS
1 . Review of applications to the following board/commission. Applicants were invited
to address the City Council regarding their appointment.
Investment Oversight Advisory Commission: One, 3-year term through July 1 , 2015
(Vacant term of Runde). Applicant: Rachael Ferraro, 2538 Jackson St.
2. Appointments were made to the following board/commissions.
Community Development Advisory Commission: One, 3-year term through February
15, 2018 (Expired term of Wainwright), Applicant: Thomas Wainwright, 1788 Lori St.
Motion by Jones to appoint Thomas Wainwright to a 3-year term through February 15,
2018, Seconded by Braig. Motion carried 7-0.
Sister City Relationships Advisory Commission: Three, 3-Year terms through
February 1 , 2018 (Expired terms of Jochum, Lee and McNamara) Applicants: Jeffrey
Jochum, 3750 Aerostar Dr.; Phyllis Lee, 520 South Grandview Ave.; Patrick McNamara,
381 Moore Heights. Motion by Braig to appoint Jeffrey Jochum, Phyllis Lee, and Patrick
McNamara to 3-year terms through February 1 , 2018.
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PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
1 . Request to Rezone - 1100 Carmel Drive: Proof of publication on notice of public
hearing to consider approval of a request by the Sisters of Charity BVM / Lakota Group
to rezone property located at 1100 Carmel Drive from R-1 Single-Family Residential to
PUD Planned Unit Development, and the Zoning Advisory Commission recommending
approval subject to listing seminary and museum as conditional uses. 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. Sr. Teresa Hadro, BVM,
introduced Mike Jansen of IIW Surveyors who provided a slide presentation about the
request that included additional clarifications of conditional uses and planning for
persons with disabilities. Planning Services Manager Laura Carstens provided a staff
report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 9-15
Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development
Code by Reclassifying Hereinafter Described Property Located at 1100 Carmel Drive
From R-1 Single-Family Residential to PUD Planned Unit Development with a PR
Planned Residential Designation. Seconded by Lynch. Motion carried 7-0.
2. Request to Rezone - 221 & 250 East 8th Street and 300 East 9th Street: Proof of
publication on notice of public hearing to consider approval of a request from the City of
Dubuque to rezone property located at 221 & 250 East 8th Street and 300 East 9th
Street from HI Heavy Industrial to PUD Planned Unit Development with a PC Planned
Commercial description; and the Zoning Advisory Commission recommending approval.
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 Resnick.
Planning Services Manager Laura Carstens provided a staff report and spoke on behalf
of the City of Dubuque as applicant. Jeff Goodman of Goodman Law, PC, of West Des
Moines, on behalf of JELD-WEN Property Manager Jeff Woolworth; and JELD-WEN
employee Justin [Wherrity] spoke in opposition to the rezoning. Dan McDonald, Greater
Dubuque Development Corporation, 900 Jackson Street, spoke in support of the
rezoning. Motion carried 6-1 with Sutton voting nay.
Motion by Jones for final consideration and passage of Ordinance No. 10-15
Amending Title 16, The Unified Development Code of the City of Dubuque Code of
Ordinances by Amending Ordinance 02-12 Which Established Regulations for a PUD
Planned Unit Development District with a Planned Commercial Designation for the
Historic Millwork District PUD and now Being Amended to Allow for the Inclusion of 221
& 250 E. 8th Street and 300 E. 9th Street. Seconded by Braig. Motion carried 7-0.
3. SRF Green Alley Project Bid Set 6 - Year 1 : Proof of publication on notice of public
hearing to consider approval of plans, specifications, form of contract and estimated
cost for the SRF Green Alley Project Bid Set 6 - Year 1 Project and the City Manager
recommending approval. Motion by Braig to receive and file the documents and adopt
Resolution No. 48-15 Approval of plans specifications, form of contract, and estimated
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cost for the SRF Green Alley Bid Set 6 - Year 1 Project; Resolution No. 49-15 with
Respect to the adoption of the Resolution of Necessity proposed for the SRF Green
Alley Bid Set 6 - Year 1 Project; and Resolution No. 50-15 Approving Schedule of
Assessments and estimated total cost for the SRF Green Alley Bid Set 6 — Year 1
Project. Seconded by Jones. Motion carried 7-0.
4. SRF Green Alley Bid Set 3 - Year 2: Proof of publication on notice of public
hearing to consider approval of the plans, specifications, form of contract and estimated
cost for the SRF Green Alley Bid Set 3 - Year 2 Project and the City Manager
Recommending approval. Motion by Braig to receive and file the documents and adopt
Resolution No. 51-15 Approval of plans, specifications, form of contract, and estimated
cost for the SRF Green Alley Bid Set 3 - Year 2 Project; Resolution No. 52-15 with
Respect to the adoption of the Resolution of Necessity Proposed for the SRF Green
Alley Bid Set 3 - Year 2 Project; and Resolution No. 53-15 Approving Schedule of
Assessments and estimate of total cost for the SRF Green Alley Bid Set 3 — Year 2
Project. Seconded by Lynch. Civil Engineer Jon Dienst responded to questions
regarding parking and sanitary/sewer issues that may arise during construction. Motion
carried 7-0.
5. 2015 Asbury Road Pavement Rehabilitation Project: Proof of publication on notice
of public hearing to consider approval of the plans, specifications, form of contract and
estimated cost for the 2015 Asbury Road Pavement Rehabilitation Project and the City
Manager recommending approval. Motion by Braig to receive and file the documents
and adopt Resolution No. 54-15 Approval of plans, specifications, form of contract, and
estimated cost for the 2015 Asbury Road Pavement Rehabilitation project. Seconded by
Lynch. Assistant City Engineer Bob Schiesl described the project and responded to
questions regarding property owner notifications and traffic flow during construction.
Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1 . Request to Address the City Council - Mitch Quade: Correspondence from Mitch
Quade, 509 Nordic Trail, Mount Horeb, WI, requesting to address the City Council
regarding a waiver of a pre-annexation agreement related to a farm on Swiss Valley
Road. Motion by Jones to receive and file the information. Seconded by Resnick. Mr.
Quade provided a presentation and handouts that supported his request for a waiver of
the requirement of a pre-annexation agreement for the division of his family farm on
Swiss Valley Road for purposes of estate management and agricultural farming. Motion
carried 7-0.
2. Port of Dubuque Marina Report 2014: City Manager transmitting the Port of
Dubuque Marina Annual Report for 2014. Recreation Supervisor Dan Kroeger and
Recreation Facilities Supervisor Ben Alden provided a verbal report on the activities,
facilities, and financial status of the Port of Dubuque Marina over the last couple of
Fiscal Years. Motion by Lynch to receive and file the information. Seconded by Braig.
Motion carried 7-0.
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3. Code of Ordinances Amendment Title 10 - Sledding in Parks: City Manager
recommending approval of an Ordinance amendment to add designated areas at Falk
and Hillcrest Parks for sledding. 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. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 11-15
Amending Title 10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B
Use Regulations 10-513-23 Prohibiting Sledding, Downhill Skiing, Snowboarding or
Tobogganing Except in Certain Designated Areas in Certain City Parks Adding
Additional Parks Where Sledding and Other Snow Activities are Permitted. Seconded
by Braig. Motion carried 7-0.
4. Code of Ordinances Amendment Chapter 8 - Street Tree & Landscaping of Public
Right-of-Way: City Manager recommending approval of the revised Street Tree and
Landscaping on Public Right-of-Way Policy and an amendment to Section 6-8-1 : Trees
and Landscaping. 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 Lynch. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 12-15
Amending City of Dubuque code of Ordinances Title 6 Health, Housing, Sanitation and
Environment, Chapter 8 Trees and Weeds, Section 6-8-1 Trees and Landscaping by
adding Non-Woody Vegetation and Other Landscaping to the City Manager's authority
for the Street tree and Landscaping on Public Right of Way Policy. Seconded by Lynch.
Motion carried 7-0.
5. Fiscal Year 2015 Budget Correction: City Manager submitting a list of Fiscal Year
2015 Capital Improvement Projects selected for possible elimination, substitution and/or
later reconsideration through the Fiscal Year 2017 budget process. Motion by Braig to
receive and file. Seconded by Jones. City Manager Van Milligen explained that this
information is related to the current Fiscal Year and will come to the Council for public
hearing in April. Council discussion included clerical miscalculation, housing inspection
fee increases, and decreased gambling revenue as well as decreased spending and
ways to increase revenues. Motion carried 7-0.
6. Arts Master Plan Consultant Services Recommendation: City Manager
recommending approval of the selection of Lord Cultural Resources to facilitate the
development of an Arts and Culture Master Plan. Motion by Lynch to receive and file the
documents and approve the recommendation. Seconded by Resnick. Motion carried 7-
0.
7. Dubuque Racing Association - 6th Amendment to Lease Agreement: City Manager
recommending approval of an amendment to the lease agreement with the Dubuque
Racing Association that requires a City of Dubuque Police Officer or County Sheriff to
be present during all hours of operations at Mystique Casino. Motion by Jones to
receive and file the documents and approve [the request]. Seconded by Connors.
Motion carried 7-0.
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8. Five Flags Civic Center Advisory Commission Membership: Communication from
the Five Flags Civic Center Advisory Commission recommending dismissal of a
commissioner for lack of attendance and to declare the position vacant. Motion by
Jones to receive and file the documents and declare the positon vacant. Seconded by
Braig. Motion carried 7-0.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Drive; and Allen Troupe, 2003 Keyway, addressed the
City Council about moving the Public Input section of the agenda to the beginning of the
meeting.
John Herrig, 13750 Surrey Lane, expressed is opposition to the proposed Fiscal Year
2016 housing inspection fee increases and his concerns over governmental
transparency and Council representation.
Brandon Ahler, 123 Bluff Street, addressed the City Council about his concerns over
parking issues and possible violations in the neighborhood and offered suggestions. His
contact information was taken for referral to staff.
CLOSED SESSION
Motion by Jones at 8:50 p.m. to enter into closed session to discuss pending litigation
and property acquisition pursuant to Chapter 21 .5(1)(c), -Q) Code of Iowa. Seconded by
Braig. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 9:05 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:06 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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