Minutes_City Council Proceeedings 12 21 15 CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:15 p.m. on December 21 , 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 special session of the City Council called
for the purpose of conducting a work session on Source of Income Update.
WORK SESSION
SOURCE OF INCOME UPDATE
Housing and Community Development Director Alvin Nash and Source of Income
(SOI) Committee Members Laura Carstens, Planning Services Manager; John Pregler,
Long Range Planning Commission; Patrick Norton, Zoning Advisory Commission; and
Crenna Brumwell, City Attorney's Office; presented an update on the SOI Committee's
work and next steps. Topic included:
• Definition of source of income vs. income
• SOI Committee formation and purpose
• SOI issues and goals
• Composition of the SOI Committee
• SOI Subcommittee (source of income analysis, housing choice voucher/landlord
policy, administrative analysis and policy
• SOI related definitions: fair housing, affirmatively furthering fair housing,
affordable housing, and affordable subsidy
• SOI chart of state and local laws and proposed legislation
• SOI Committee timeline for 2015 and 2016
A question/answer period with the City Council followed the presentation.
There being no further business, upon motion the City Council adjourned at 5:46 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 12/30
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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 December 21 , 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
PRESENTATION(S)
1 . Dubuque-Area Labor Management Council (DALMC) Awards: DALMC Executive
Director Kelly Cooper presented the 2015 awards for Great Job Honor Roll to Jule Transit
employee Mike Feltes (accepted by Candace Eudaley-Loeboch) and the Labor-
Management Partnership Award to the City of Dubuque/Jule Transit and the Teamsters
Local 120.
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: City Council Proceedings of 12/7, 12/14; Civil
Service Commission of 12/7; Library Board of Trustees of 10/22, Park and Recreation
Commission of 11/10; Zoning Advisory Commission of 12/2; Proof of Publication of City
Council Proceedings for 11/16; Proof of Publication for Delinquent Water, Sewer, Refuse
& Stormwater Collection Accounts of 11/20, 11/27. Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Duane Crippes for personal injury; Dean Donath for
vehicle damage; Suit by Joe Zwack for historical significance jurisdiction. 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: Duane Crippes for personal injury, Dean Donath for vehicle damage,
Donna Moeller for personal injury. Upon motion the documents were received, filed and
concurred.
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4. Compact of Mayors: City Manager transmitting the December 2015 Compact of
Mayors newsletter Climate Leadership at the Local Level: Global Impact of the Compact
of Mayors. Upon motion the documents were received and filed.
5. John F. Kennedy and Wacker Signal Replacement Project Acceptance: City
Manager recommending acceptance of the construction contract for the John F. Kennedy
Road & Wacker Drive Traffic Signal Replacement Project as completed by Portzen
Construction, Inc. Upon motion the documents were received and filed and Resolution
No. 425-15 Accepting the John F. Kennedy Road & Wacker Drive Traffic Signal
Replacement Project and authorizing the payment of the contract amount to the
contractor was adopted.
6. Acceptance of John F. Kennedy PCC Panel Replacement Project between 32nd
Street and NW Arterial: City Manager recommending acceptance of the construction
contract for the John F. Kennedy Road PCC Panel Replacement Project between 32nd
Street and NW Arterial as completed by Eastern Iowa Excavating & Concrete. Upon
motion the documents were received and filed and Resolution No. 426-15 Accepting the
John F. Kennedy Road PCC Panel Replacement Project between 32nd Street and NW
Arterial and authorizing the payment of the contract amount to the contractor was
adopted.
7. Acceptance of Public Improvements - Sky Blue Estates Subdivision: City Manager
recommending acceptance of the public improvements that the developer, EKMLLC, has
recently completed in Sky Blue Estates Subdivision. Upon motion the documents were
received and filed and Resolution No. 427-15 Accepting public improvements in the Sky
Blue Estate Subdivision in the City of Dubuque, Iowa was adopted.
8. Novelty Iron Works - 4th Amendment to DA: City Manager recommending approval
of a 4th Amendment to the Novelty Iron Landlord LLC Development Agreement in order
to modify the parking arrangement by deleting Section 3.1 in its entirety. Upon motion the
documents were received and filed and Resolution No. 428-15 Approving the 4th
Amendment to the Development Agreement between the City of Dubuque, Iowa and
Novelty Iron Landlord, LLC was adopted.
9. First Amendment to Development Agreement for 253 Main Street: City Manager
recommending approval of the First Amendment to Development Agreement with
Kenneth Oberbroeckling for redevelopment of 253 Main Street to extend the completion
date to March 1 , 2016. Upon motion the documents were received and filed and
Resolution No. 429-15 Approving the First Amendment to the Development Agreement
between the City of Dubuque, Iowa and Kenneth Oberbroeckling was adopted.
10. Restrictive Covenant for 2300 Jackson Street: City Manager recommending
approval of a Resolution attaching a Restrictive Covenant to the property at 2300 Jackson
Street requiring owner-occupancy for a 21-year period. Upon motion the documents were
received and filed and Resolution No. 430-15 Attaching a Single-Family, Owner-Occupied
Residence Restrictive Covenant to 2300 Jackson Street, Dubuque, IA was adopted.
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11 . Platting of City Property in Dubuque Industrial Center South: City Manager
recommending approval of the Plat of Survey for Lot 1 and 2 of Dubuque Industrial Center
South Second Addition in the City of Dubuque in order to create two new lots to be
marketed for potential development. Upon motion the documents were received and filed
and Resolution No. 431-15 Approving Plat of Survey of Dubuque Industrial Center South
Second Addition in the City of Dubuque, Dubuque County, Iowa was adopted.
12. Plat of Survey for Dolter Place No. 2: Zoning Advisory Commission recommending
approval of the Plat of Survey for Dolter Place No. 2 subject to waiving the lot area for Lot
1 . Upon motion the documents were received and filed and Resolution No. 432-15
Approving the Plat of Survey for Dolter Place No. 2 in the City of Dubuque, Iowa was
adopted.
13. Pre-Annexation Agreement — Oberbroeckling: City Manager recommending
approval of a Pre-Annexation Agreement with Richard A. Oberbroeckling and Ronald L.
Oberbroeckling for property located adjacent to the City of Dubuque corporate city limits
and as established by the City's Fringe Area Development Standards of the Unified
Development Code. Upon motion the documents were received and filed and Resolution
No. 433-15 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa
and Richard A. Oberbroeckling and Ronald L. Oberbroeckling was adopted.
14. Pre-Annexation Agreement - City of Dubuque: City Manager recommending
approval of pre-annexation agreements and covenants for the City-owned well and
lagoon parcels in the Twin Ridge Subdivision in Key West. Upon motion the documents
were received and filed and Resolution No. 434-15 Approving a Pre-Annexation
Agreement by the City of Dubuque, Iowa (Lot 2, Lot B); and Resolution No. 435-15
Approving a Pre-Annexation Agreement by the City of Dubuque, Iowa (Lot 18) were
adopted.
15. PEG Capital Grant Expenditure Request: City Manager recommending approval of
the Cable TV Commission's request for funding from the Public, Educational, and
Government (PEG) Capital Grant for Access Equipment and Facilities for the City of
Dubuque to install digital encoding equipment for each PEG channel on the Dubuque
system. Upon motion the documents were received, filed and approved.
16. Permits Plus Software Upgrade: City Manager recommending replacement of
Permits Plus software with the latest cloud-hosted web-based solution from Accela. Upon
motion the documents were received, filed and approved.
17. National League of Cities (NLC) Financial Inclusion Cohort Application: City
Manager transmitting the National League of Cities (NLC) Financial Inclusion Cohort
application in partnership with Project HOPE. Upon motion the documents were received
and filed.
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18. Water Infrastructure Resiliency Finance Center: City Manager transmitting
correspondence to the Iowa Department of Natural Resources regarding Dubuque
volunteering to participate in the EPA-Funded Water Infrastructure Resiliency Finance
Center pilot program. Upon motion the documents were received and filed.
19. City Assessor's Office - Notification of Property Tax Appeals: Correspondence from
City Assessor Rick Engelken advising the City of four property tax appeals before the
Iowa Property Assessment Board. Upon motion the documents were received and filed.
20. Civil Service Commission: Civil Service Commission submitting the re-certified list
for the position of Firefighter. Upon motion the documents were received, filed and Made
a Matter of Record.
21 . Improvement Contracts / Performance, Payment and Maintenance Bonds:
Connolly Construction, Inc., for the 2015 SCADA (Flow Metering Stations) Manhole
Installation Project. Upon motion the documents were received, filed and approved.
22. Signed Contracts: Amendment #4 to the Recyclables Processing and Marketing
Agreement between the Dubuque Metropolitan Area Solid Waste Agency (DMASWA),
Dittmer Recycling and the City of Dubuque. Upon motion the documents were received
and filed.
23. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 436-15 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
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1 . SW Arterial Right of Way Property Acquisition: City Manager recommending the City
Council schedule a public hearing for January 19, 2016, on the intent to commence a
public improvement project and to establish Just Compensation Valuation (Fair Market
Value) of necessary right-of-way property which the City intends to acquire or condemn,
if required, for the Southwest Arterial Project. Upon motion the documents were received
and filed and Resolution No. 437-15 Setting a public hearing on the intent to commence
a public improvement project for the Southwest Arterial Project and to acquire agricultural
land for the Project and to establish just compensation valuation (fair market value) of
necessary right-of-way property which the City intends to acquire or condemn if required
for the Southwest Arterial Project was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on January 19, 2016 in the Historic Federal Building.
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BOARDS/COMMISSIONS
Application Review
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions. Applicant appointments will be made at the next City
Council meeting.
1 . Electrical Code Board: One, 3-year term through May 21 , 2017 (Vacant Electrical
background term of Reiss). Applicant: Zach Dowell, 2055 Winne Ct. Mr. Dowell spoke in
support of his appointment.
Appointments were made to the following Boards/Commissions
2. Mechanical Board: One, 3-year term through March16, 2016 (Vacant term of Kelly).
Applicant: Dan Hillary, 3087 Arbor Oaks. Motion by Jones to appoint Dan Hillary to a 3-
year term through March 16, 2016. Seconded by Connors. Motion carried 7-0.
3. Mediacom Charitable Foundation: Two, 1-year terms through December 31 , 2016
(Expired terms of Chavenelle and Twining). Motion by Braig to appoint Gale Chavenelle
and Connie Twining to 1-year terms through December 31 , 2016. Seconded by Resnick.
Motion carried 7-0.
4. Transit Advisory Board: One, 3-year term through July 30, 2017 (Vacant term of
Stedman). Applicants: Joel Lightcap, 1985 Alta Vista St.; and Dora Serna, 2160 Marion
St. Upon roll call vote of 7-0, Dora Serna was appointed to a 3-year term through July 30,
2017.
5. Zoning Board of Adjustment: One, 5-year term through March 25, 2020 (Expired
term of Bird). Applicants: Keith Ahlvin, 264 S, Grandview; and Eugene Bird, 3985 Mount
Vail Ridge. Upon roll call vote of 7-0, Keith Ahlvin was appointed to a 5-year term through
March 25, 2020.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1 . Historic Millwork District PUD Amendment - Northwest Corner of Elm and 11th
Streets: Proof of publication on notice of public hearing to consider a request from JD &
C, LLC to amend the Historic Millwork District Planned Unit Development for property
located at the northwest corner of Elm & 11th Streets to accommodate an off-street
parking lot and the Zoning Advisory Commission recommending approval. Motion by
Lynch 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
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meeting at which it is to be passed be suspended. Seconded by Connors. Janice Roerig-
Blong of JD&C spoke in support of the request. Planning Services Manager Laura
Carstens provided a staff report. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 75-15 Amending
Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by
rescinding Ordinances 02-12, 38-13, and 10-15 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 development of a
new parking lot at the northwest corner of 11th and Elm Streets. Seconded by Connors.
Motion carried 7-0.
2. Request to Rezone - 2222 Queen Street (former Sacred Heart School): Proof of
publication on notice of public hearing to consider a request by Cohen-Esrey Affordable
Partners to rezone property located at 2222 Queen Street from R-2A Alternate Two-
Family Residential District to OR Office Residential District and the Zoning Advisory
Commission recommending approval. Motion by Connors to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be passed
be suspended. Seconded by Lynch. Brian Sweeney of Cohen Esrey spoke in support of
the request and responded to questions from the City Council. Planning Services
Manager Laura Carstens provided a staff report. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 76-15
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 2222 Queen Street from
R-2A Alternate Two-Family Residential District to OR Office Residential District.
Seconded by Braig. Motion carried 7-0.
3. General Obligation Bonds Series 2016BC - Essential Corporate Purpose: Proof of
publication on notice of public hearing to approve the suggested proceedings for the
public hearing on the issuance of General Obligation Bonds Series 2016BC and the City
Manager recommending approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 438-15 Instituting proceedings to take additional action for the
issuance of not to exceed $15,555,000 General Obligation Bonds. Seconded by Connors.
Responding to questions from Council Member Resnick, the City Manager Van Milligen
reviewed the handout included in the agenda that addressed city debt and the top 10 city
projects that utilize debt issuance. Council Member Resnick suggested that the City
Council demonstrate a commitment to debt reduction by considering a policy of 50% debt
reduction by 2030 or for possible discussion at a later date. Mayor Buol and Council
Members Connors and Jones stated that the City has a debt repayment stream and such
a stringent policy would not allow flexibility for projects already in progress or unforeseen
catastrophes. Motion carried 7-0.
4. General Obligation Bonds Series 2016ABC - General Corporate Purpose: Proof of
publication on notice of public hearing to consider approval of the suggested proceedings
for the public hearing on the issuance on the issuance of not to exceed $505,000 in Tax-
Exempt General Obligation Bonds Series 2016ABC and the City Manager recommending
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approval. Motion by Braig to receive and file the documents and adopt Resolution No.
439-15 Instituting the proceedings to take additional action for the issuance of not to
exceed $505,000 General Obligation Bonds. Seconded by Connors. Motion carried 6-1
with Resnick voting nay.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1 . Request to Address Council from the Alternative Learning Center Students: Request
from the students of the Alternative Learning Center to address the City Council regarding
what they have learned this semester about Sustainable Dubuque. Motion by Jones to
receive and file the information and listen to the presentation. Seconded by Braig.
Sustainability Coordinator Cori Burbach introduced Tim Hitzler of the Alternative Learning
Center and Global Science students Evelyn Rose-Tolstedt, Wade Murphy Kissling, Dillon
Thill, and Steffon Baldwin who provided the City Council with a handout and presented
facts, pros and cons, and survey results related to glass recycling. A question and answer
period with the City Council followed the presentation. Motion carried 7-0.
2. Name Change Proposal - Multicultural Family Center Building (Tabled from 9/21/15):
Correspondence from the Multicultural Family Center Board President John Stewart
supporting the renaming of 1157 Central Avenue to the "Ruby Sutton Building." City
Manager submitting information on potential costs related to the proposed name change.
Motion by Sutton to remove from the table. Seconded by Braig. Motion carried 7-0. Motion
by Sutton to receive and file the documents and rename the building at 1157 Central
Avenue as the "Ruby Sutton Building." Seconded by Braig. Motion carried 7-0.
3. Human Rights Commission Recommendations on Criminal Justice: Human Rights
Commission submitting its recommendations on criminal justice. Motion by Jones to
receive and file the documents. Seconded by Connors. The City Council specifically
discussed the proposed topic of banning the check box on job applications that indicates
the applicant has had a felony conviction and questioned the City's authority in becoming
involved in the hiring practices of private business. Motion carried 6-1 with Lynch voting
nay.
4. Poison Free Parks Information and Call to Action: City Manager recommending the
formation of a City Work Group to draft an Integrated Pest Management Plan for the city
to be presented to the City Council for approval by July 1 , 2015. It is also recommended
that the Park and Recreation Commission as well as the Environmental Stewardship
Advisory Commission appoint one representative each to the work group in addition to a
member of the Dubuque Poison Free Parks group. Restated motion by Connors to
receive and file the documents, approve the recommendation and that the additional
appointment from the Dubuque Poison Free Parks group be a resident of the city.
Seconded by Braig. Motion carried 7-0.
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5. Donation Requests and Bench Agreements for 2 New Benches on Riverwalk: City
Manager transmitting two agreements for approval by the City Council for two new
memorial benches on the Riverwalk. Motion by Jones to receive and file the documents
and approve the recommendation. Seconded by Lynch. Motion carried 7-0.
6. Bee Branch Creek Restoration Project Property Acquisition - 2496 Washington
Street: City Manager recommending the City Council establish the fair market value of
the property owned by Morrison Brothers on Washington Street between E. 24th Street
and E. 25th Street, authorize the City Manager to begin negotiations to acquire the
property required for the Bee Branch Creek Restoration Project, and approve
authorization to acquire the property through eminent domain proceedings should
negotiations fail. Motion by Jones to receive and file the documents and adopt Resolution
No. 440-15 Establishing the fair market value and authorizing the acquisition by Eminent
Domain of Certain Real Property owned by Morrison Brothers in the City of Dubuque,
Iowa. Seconded by Connors. Motion carried 7-0.
7. J. Thomas Zaber vs. City of Dubuque - Franchise Fees Litigation: City Manager
recommending that the Mayor and City Council designate any remaining funds following
distribution from the Settlement Fund from J. Thomas Zabervs. City of Dubuque franchise
fee litigation be used to reduce the principal of the Judgment Bond. Motion by Jones to
receive and file the documents and adopt Resolution No. 441-15 Providing that any
unclaimed funds in the escrow account from the Franchise Fee Class Action Settlement
in Zaber V. City of Dubuque be used for payment of the Judgment Bond. Seconded by
Braig. Motion carried 7-0.
8. Wisconsin Independent Network, LLC (WIN) Co-location and Shared Services
Agreement: City Manager recommending approval of a Co-Location and Shared Services
Agreement between the City of Dubuque and Wisconsin Independent Network, LLC.
Motion by Lynch to receive and file the documents and approve the recommendation.
Seconded by Connors. Motion carried 7-0.
9. Request for Work Session - Dubuque Area Convention and Visitors Bureau: City
Manager requesting approval to schedule a work session on February 15, 2016, at 5:15
p.m. with the Dubuque Area Convention and Visitors Bureau. Motion by Jones to receive
and file the documents and schedule the work session as recommended. Seconded by
Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Members Braig and Sutton thanked the citizens of the City of Dubuque, City
staff and fellow Council Members for their support through the years as they come to the
end of their elected terms.
Mayor Buol reported on the 2015 COP21 climate conference in Paris, France, during
the week of December 7, 2015 where he presented on Dubuque's Water & Resource
Recovery Center, Historic Millwork District and the Bee Branch Creek Restoration Project.
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There being no further business, upon motion the City Council adjourned at 8:20 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 12/30
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