Minutes_City Council Proceedings 8 17 15 CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on August 17, 2015 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
PROCLAMATION(S)
Welcome Back Students Weeks (August 17-28, 2015) was accepted by Jan Powers of
Greater Dubuque Development Corp., 900 Jackson St.
Drive the Great River Road Month (September 2015) was accepted by John Goodmann,
Chairperson of the Mississippi River Parkway Commission, 1306 Tomahawk Dr.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Connors. Motion carried 7-0.
1 . Minutes and Reports Submitted: Cable TV Commission of 6/3; City Council Proceedings
of 8/3; Civic Center Commission of 7/27; Library Board of Trustees of 7/23; Historic
Preservation Commission of 7-16; Zoning Advisory Commission of 8/5; Zoning Board of
Adjustments of 7/23; Proof of Publication for City Council Proceedings of 7/20; Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: Claim by Applewood III (Horizon) for property damage;
Claim by Brandy Breitsprecker for property damage; Claim by Trisha Federspiel for vehicle
damage; Claim by Sheryl Helling for vehicle damage; Claim by Sisters of the Visitation for
vehicle damage. Upon motion the documents were received, filed and referred to the City
Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Applewood III for property damage; Brandy Breitsprecker for property
damage; Trisha Federspiel for vehicle damage; Sheryl Helling for vehicle damage. Upon
motion the documents were received, filed and concurred.
4. Iowa Finance Authority (IFA) Grant - Matching Funds Request: City Manager
recommending approval to commit funds from the North Cascade TIF FY 2016 receipts as a
match to the Iowa Finance Authority (IFA) grant from the State Housing Trust Funds. Upon
motion the documents were received and filed and Resolution No. 272-15 Approving
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Commitment of Matching Funds for an Application to the Iowa Finance Authority (IFA) for
State Housing Trust Funds was adopted.
5. Bard Materials - Grant of Temporary Construction Access Easement: City Manager
recommending acceptance of a temporary construction access easement from Bard
Materials to construct a sanitary sewer interceptor as part of the Bee Branch Creek Project
Contract #7 Railroad Sewer Crossing Project in Lot 1-2 and Lot 2A Kerper Industrial Park.
Upon motion the documents were received and filed and Resolution No. 273-15 Accepting a
Temporary Construction Access Easement for Sanitary Sewer Interceptor Through, Over and
Across Part of Lot 1-2 and Lot 2A Kerper Industrial Park, in the City of Dubuque, Iowa, was
adopted.
6. City Assessor's Office Notification of Tax Appeals: Correspondence from City Assessor
Rick Engelken that provides additional information to the notification of property tax appeals
that appeared on the August 3, 2015 Agenda. Upon motion the documents were received
and filed.
7. ITC Midwest Easement Agreement - 2849 White Street: City Manager recommending
approval of an easement agreement with ITC Midwest for electric transmission line
maintenance work at 2849 White Street. Upon motion the documents were received, filed
and approved.
8. Trailhead Energy Contract: City Manager recommending approval of the execution of a
contract with Trailhead Energy to complete work related to Dubuque's competition as one of
52 semi-finalists for the Georgetown University Energy Prize. Upon motion the documents
were received, filed and approved.
9. U.S. Department of Housing and Urban Development Contract - Continuum of Care
Special Needs Assistance Program: City Manager recommending approval of the execution
of the contract with the U.S. Department of Housing and Urban Development for
administration of the Continuum of Care Special Needs Assistance Program (formerly Shelter
Plus Care). Upon motion the documents were received, filed and approved.
10. Reimbursement Resolution - Creek Wood Park: City Manager recommending approval
of a reimbursement resolution to serve as "official intent" to reimburse the project
expenditures for the Creek Wood Park Development Project, as required under the Federal
Tax-Exempt Bond Regulation. Upon motion the documents were received and filed and
Resolution No. 274-15 Declaring an Official Intent under Treasury Regulation 1 .150-2 to
issue debt to reimburse the City for certain original expenditures paid in connection with the
Creek Wood Park Project was adopted.
11 . Final Plat - Schlosser Place: Zoning Advisory Commission recommending approval of
the request subject to waiving the lot frontage requirement for Lot 3 and Lot Area for Lots 1
and 3. Upon motion the documents were received and filed and Resolution No. 275-15
Approving the Final Plat of Schlosser Place in the City of Dubuque, Iowa, was adopted.
12. Pre-Annexation Agreement - Thomas & Judith Priebe: City Manager recommending
approval of a Pre-Annexation Agreement with Thomas J. and Judith J. Priebe, for property
located at 14928 Old Highway Road. Upon motion the documents were received and filed
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and Resolution No. 276-15 Approving a Pre-Annexation Agreement between the City of
Dubuque, Iowa, and Thomas J. And Judith J. Priebe was adopted.
13. Pre-Annexation Agreement - Joseph & Enid Wysocki: City Manager recommending
approval of a Pre-Annexation Agreement with Joseph A. and Enid E. Wysocki, for property
located at 14946 Old Highway Road. Upon motion the documents were received and filed
and Resolution No. 277-15 Approving a Pre-Annexation Agreement between the City of
Dubuque, Iowa, and Joseph A. and Enid E. Wysocki was adopted.
14. Acceptance of Grant of Easement - M-M&M, LLC: City Manager recommending
acceptance of a Grant of Sanitary Sewer Force Main Easement through, over and across
property owned by Phil Mihilakis of M-M&M LLC at 468 East 12th Street. Upon motion the
documents were received and filed and Resolution No. 278-15 Accepting a Grant of
Easement for Sanitary Sewer Force Main Through, Over And Across Part of Lot 501 and the
East 404' of Outlot 501 , in the City of Dubuque, Iowa, was adopted.
15. Upper Bee Branch Creek Restoration Project - 429 Rhomberg Stabilization Project:
City Manager recommending approval of a resolution to correct the retainage amount for the
acceptance of the construction contract for the 429 Rhomberg Building Stabilization Project.
Upon motion the documents were received and filed and Resolution No. 279-15 Rescinding
Resolution 219-15 and Accepting the 429 Rhomberg Demolition and Building Stabilization
Project and Authorizing the Payment to the Contractor was adopted.
16. Iowa Department of Transportation (IDOT) Traffic Safety Improvement Grant -
Northwest Arterial and Pennsylvania Avenue Right Turn Lane Improvement: City Manager
recommending approval of a resolution authorizing the filing of an application with the Iowa
Department of Transportation for Traffic Safety Improvement Program funding for the
Northwest Arterial and Pennsylvania Avenue right turn lane improvement. Upon motion the
documents were received and filed and Resolution No. 280-15 Authorizing the Filing of a
Grant Application With the Iowa Department of Transportation for Traffic Safety
Improvements Funding for the City of Dubuque NW Arterial and Pennsylvania Avenue Right
Turn Lane Improvement was adopted.
17. Childhood Lead Poisoning Prevention Programs Contracts: City Manager
recommending approval of a contract with the Dubuque County Board of Health and the Iowa
Department of Public Health for continued funding of the Childhood Lead Poisoning
Prevention Program, a renewed agreement with the Visiting Nurse Association for services
related to the Childhood Lead Poisoning Prevention Program and Health Homes Program,
and an agreement with the Iowa Department of Public Health for data sharing. Upon motion
the documents were received, filed and approved.
18. Halle Properties LLC — Grant of Sanitary Sewer, Sidewalk and Storm Sewer
Easement: City Manager recommending acceptance of the Grant of Sanitary Sewer and
Sidewalk Easement and Grant of Storm Sewer Easement from Halle Properties LLC for
existing utilities across their property on John F. Kennedy Road (formerly the Long John
Silver's restaurant site). Upon motion the documents were received and filed and Resolution
No. 281-15A Accepting a Grant of Easement for Storm Sewer Over and Across Lot 2 of Lot 2
of Lot 2 of the W Y2 of the NW % of Section 27; and Lot 2 of Lot 1 of Lot 2 of the NE Y4 of the
NE Y4 of Section 28, All in Township 89 North, Range 2 East of the 5th P.M., in the City of
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Dubuque, Iowa; and Resolution No. 281-15B Accepting a Grant of Easement for sanitary
sewer and sidewalk over and across Lot 2 of Lot 2 of Lot 2 of the W Y2 of the NW Y4 of
Section 27; and Lot 2 of Lot 1 of Lot 2 of the NE Y4 of the NE Y4 of Section 28, all in Township
89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, were adopted.
19. Public, Educational, and Government (PEG) Capital Expenditure Request - Dubuque
Community Schools District: 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 for Dubuque Community Schools
for a variety of production equipment, including a camcorder, tripod, portable lighting system,
microphones and a teleprompter system to be used to produce programming for its
educational access channel. Upon motion the documents were received, filed and approved.
20. Grand River Center Digital Display Replacement: City Manager recommending
replacement of 35 digital displays at the Grand River Center, subject to a future budget
amendment. Upon motion the documents were received, filed and approved.
21 . Tobacco Compliance — Civil Penalty for Tobacco License Holder — Family Mart: City
Manager recommending approval of the Acknowledgement/Settlement Agreement for a
tobacco compliance violation for Family Mart, 3201 Central Avenue. Upon motion the
documents were received, filed and approved.
22. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Ron's Discount
Smokes & Beverage Center #1 : City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance violation for Ron's
Discount Smokes & Beverage Center #1 , 3300 Asbury Road. Upon motion the documents
were received, filed and approved.
23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Family Mart: City
Manager recommending approval of the Acknowledgment/Settlement Agreement of an
alcohol compliance violation for Family Mart, 3201 Central Avenue. Upon motion the
documents were received, filed and approved.
24. Alcohol Compliance Civil Penalty for Alcohol License Holder — Ron's Discount Smokes
& Beverage Center #1 : City Manager recommending approval of the
Acknowledgment/Settlement Agreement for an alcohol compliance violation for Ron's
Discount Smokes & Beverage Center #1 , 3300 Asbury Road. Upon motion the documents
were received, filed and approved.
25. Alcohol License Renewals: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and filed
and Resolution No. 282-15 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 was
adopted.
ITEMS SET FOR PUBLIC HEARING
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Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7-0.
1 . Upper Bee Branch Creek Restoration Project, Upper Bee Branch Creek Mississippi
River Trail (MRT), Iowa DOT Project No. SB-IA-2100(675)--7T-31 : City Manager
recommending approval of the preliminary plans, specifications, form of contract for the
Upper Bee Branch Creek Mississippi River Trail Project and setting September 8, 2015 as
the date of public hearing. Upon motion the documents were received and filed and
Resolution No. 283-15 Upper Bee Branch Creek Mississippi River Trail (MRT) Iowa DOT
Project No. SB-IA-2100(675)-7T-31 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 was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on September 8, 2015 in the Historic Federal Building.
BOARDS/COMMISSIONS
Review of applications for the following Boards/Commission. Applicants were invited to
address the City Council regarding their appointment.
1 . Arts and Cultural Affairs Advisory Commission: One, 3-year term through June 30, 2018
(Vacant term of Henkels). Applicant: Matthew Gregory, 1560 Iowa St. Unit 3 (Qualifies for
Business Professional in the cultural and entertainment district). Mr. Gregory spoke in
support of his appointment.
2. Housing Trust Fund Advisory Committee: One, 3 year term through August 17, 2018
(Vacant term of Holz) Applicant: Jim Holz, 3010 Indiana Court.
3. Human Right Commission: One, 3-year term through January 1 , 2016 (Vacant term of
Lenhart). Applicants: Sarah Fisher, 3045 Kaufmann; R.R.S. Stewart, 460 Summit St. Ms.
Fisher spoke in support of her appointment.
Appointments were made to the following Commissions.
4. Cable Television Commission: One 3-year term through July 1 , 2017 (Vacant term of
Stevens). One 3-year term through July 1 , 2018 (Expired term of Hoverman). Applicants:
Mark Dolson, 54 Alpine St.; Sr. Carol Hoverman, 1555 White St. Apt 1 (additional applicant).
Upon roll-call vote (Braig, Lynch, Jones, Buol), Sr. Hoverman was appointed to the remainder
of a 3-year term through July 1 , 2017. Motion by Braig to appoint Mark Dolson to a 3-year
term through July 1 , 2018. Seconded by Resnick. Motion carried 7-0.
5. Long Range Planning Advisory Commission: One 3-year term through July 1 , 2017
(Vacant term of Beytien). Applicant: Mark Dolson, 54 Alpine St. Motion by Braig to appoint
Mark Dolson to the remainder of a 3-year term through July 1 , 2017. Seconded by Connors.
Motion carried 7-0.
PUBLIC HEARINGS
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Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1 . Burlington Trailways Lease Agreement: Proof of publication on notice of public hearing
to approve a lease agreement with Burlington Trailways at the Intermodal Transit Facility and
the City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 284-15 Disposing of an interest in real property by
easement to Burlington Stage Lines, LTD. Seconded by Jones. Motion carried 7-0.
2. Rezoning Request - 900 Seippel Road: Proof of publication on notice of public hearing
to consider a request by JLD Investments, LLC to modify the zoning condition applied to the
property located at 900 Seippel Road regarding fencing and the City Manager 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. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 52-15 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Reclassifying Hereinafter Described Property Located at 900 Seippel Road from CSc
Commercial Service and Wholesale District with Conditions to CSc Commercial Service and
Wholesale District with Conditions as Established in the Attached Memorandum of
Agreement. Seconded by Resnick. Motion carried 7-0.
3. Sale of Property - Weaver Castle, LLC / 396 W. Locust Street: Proof of publication on
the sale of 396 W. Locust Street to Weaver Castle LLC and the City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No.
285-15 Attaching Single Family Residence Restrictive Covenant, Whether Owner Occupied
or Single Family Rental, to 396 W. Locust Street, Dubuque, IA; and Resolution No. 286-15
Disposing of City Interest in Real Property Located at 396 W. Locust Street, in the City of
Dubuque, Iowa. Seconded by Jones. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1 . Arts and Culture Master Plan Update: Verbal Update from Arts and Culture Master Plan
Consultants Brad King and Priya Sicar of Lord Cultural Resources. Motion by Connors to
receive and file the information and listen to the report. Seconded by Jones. Motion carried 7-
0. Arts and Cultural Affairs Coordinator Debra Alleyne introduced Brad King and Priya Sicar
of Lord Cultural Resources who reported on Phase Two of the three-phase plan regarding
public engagement and described the survey and workshops scheduled for arts partners,
stakeholders, targeted groups and citizens and what types of media are being used to
distribute the information and survey.
2. Text Amendment - Residential Freestanding Solar Arrays (and Reading): Request by
the City of Dubuque to amend the Unified Development Code to establish procedures for the
review of new freestanding solar arrays and the Zoning Advisory Commission recommending
approval. Motion by Jones to consider the final reading and adoption of Ordinance No. 54-15
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code,
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by Amending Articles 16-5-2-2 (R-1), 16-5-3-2 (R-2) 16-5-4.3 (R-2A), 16-5-5.3 (R-3) and 16-
5-6.3 (R-4), 16-5-7.3 (OR) and 16-5-9.3 (OC) to establish maximum area and height
requirements for residential freestanding solar arrays. Seconded by Resnick. Motion carried
5-2 with Lynch and Connors voting nay.
3. Catfish Creek Watershed Management Plan: City Manager recommending adoption of
the Catfish Creek Watershed Management Plan as a policy document to be considered when
establishing and updating City regulations, policies and programs that reduce flood risk,
improve water quality, and educate people about watershed stewardship. Motion by Connors
to receive and file the documents and adopt Resolution No. 287-15 Adopting Catfish Creek
Watershed Management Plan. Seconded by Jones. Motion carried 7-0.
4. State of Iowa Water Resource Restoration Sponsored Project Program Funding
Agreement - Catfish Creek Watershed Authority Board: City Manager recommending
authorization for the Mayor to execute the Agreement with the Catfish Creek Watershed
Authority for the purpose of expending funds in State of Iowa Water Resource Restoration
Sponsored Project program funding approved for improvements within the Catfish Creek
Watershed in accordance with the Catfish Creek Watershed Management. Motion by
Connors to receive and file the documents and adopt Resolution No. 288-15 Approving the
Agreement between the Catfish Creek Watershed Authority and the City of Dubuque, Iowa,
for SRF Water Resource Restoration Project. Seconded by Lynch. Motion carried 7-0.
5. Skate Park Evaluation and Conceptual Design Consultant Selection: City Manager
recommending approval of the selection of Pillar Design Studios as the consultant for the
Skate Park Evaluation and Conceptual Design Project. Motion by Connors to receive and file
the documents and approve the recommendation. Seconded by Jones. Motion carried 7-0.
6. SRF Green Alley Project Bid Set 3 - Year 3 Award: City Manager recommending award
of the construction contract to the low bidder Portzen Construction, Inc. Motion by Braig to
receive and file the documents and adopt Resolution No. 289-15 Awarding Public
Improvement Contract for the SRF Green Alley Bid Set 3 — Year 3 Project. Seconded by
Connors. Motion carried 7-0.
7. Iowa 32 Hike-Bike Trail Phase 4 and 5 Project Award: City Manager recommending the
award of the construction contract to the low bidder, Drew Cook & Sons Excavating Co., Inc.
Motion by Lynch to receive and file the documents and adopt Resolution No. 290-15
Awarding Public Improvement Contract for the Iowa 32 Hike-Bike Trail - Phase 4 & 5 Project.
Seconded by Jones. Motion carried 7-0.
8. Bee Branch Creek Restoration Project Property Acquisition - 2450 Washington St and
2442 - 2446 Washington St.: City Manager recommending acquisition of 2450 Washington
Street and 2442 - 2446 Washington Street for the Bee Branch Creek Restoration Project and
for expansion of Comiskey Park. Motion by Connors to receive and file the documents and
adopt Resolution No. 291-15 Approving the Acquisition of Real Estate Owned by Patricia S.
Chamberlain, in the City of Dubuque. Seconded by Jones. Motion carried 7-0.
9. Code of Ordinances Amendment - Title 16 Zoning Board of Adjustment: City Manager
recommending approval of an ordinance which adds a new Section 16-8-1 which establishes
the Zoning Board of Adjustment and provides for the powers, operation, membership and
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meetings. Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings prior to
the meeting at which it is to be passed be suspended. Seconded by Connors. Motion carried
7-0.
Motion by Jones for final consideration and passage of Ordinance No. 53-15 Amending
City of Dubuque Code of Ordinances Title 16 Unified Development Code, Chapter 8 Zoning
Board of Adjustment Applications by Repealing Section 16-8-1 Zoning Board of Adjustment
and Adopting a New Section 16-8-1 Zoning Board of Adjustment in Lieu Thereof Establishing
the Zoning Board of Adjustment, Providing for the Powers, Operation, Membership, and
Meetings. Seconded by Connors. Motion carried 7-0.
10. Public, Educational, and Government (PEG) Capital Expenditure Request - City of
Dubuque: 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 for the City of Dubuque to purchase a drone to
capture aerial video and still images of City projects and initiatives. Motion by Connors to
receive and file the documents and approve the recommendation. Seconded by Braig. Motion
carried 7-0.
11 . Request for Work Session - Inclusive Dubuque: City Manager requesting that the City
Council schedule the Quarterly Inclusive Dubuque Work Session for November 2, 2015 at
5:00 p.m. Motion by Jones to schedule the work session as recommended. Seconded by
Connors. Motion carried 7-0.
12. Request to Schedule Tour of Intermodal Transit Facility and Reschedule Quarterly
Sustainable Dubuque Work Session: City Manager requesting that the City Council
reschedule the Quarterly Sustainable Dubuque work session to Monday, October 5, at 5:00
p.m. City Manager further requests Council approval to schedule a 30-minute walking tour of
the Intermodal Facility on Tuesday, September 8, at 5:30 p.m. (the original date scheduled
for the Quarterly Sustainable Dubuque Work Session). Motion by Connors to receive and file
the documents and schedule the works sessions as recommended. Seconded by Lynch.
Motion carried 7-0.
There being no further business, upon motion the City Council adjourned at 7:51 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 8/26
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