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7 18 16 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on July 18, 2016 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios; 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 STATEMENT BY MAYOR ROY D. BUOL Mayor Buol read a prepared statement saying in part that the basic tenet of civility and the standards of courtesy, respect and consideration are expected by and from elected officials and citizens. Addressing issues with negative remarks toward or about a council member or members, or members of city staff will be deemed out of order. The same standards in place for public input are in place at the Council table. As elect- ed leaders we have a responsibility to uphold a high standard for communications, rep- resentation and decision making about which our community as a whole can be proud. PROCLAMATION(S) Dubuque County Fair Week (July 26-31, 2016) was accepted by Ann Schuster, Dubuque County Fair Board President CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7-0. 1. Minutes and Reports Submitted: City Council Proceedings of 7/5, 7/11; Community Development Advisory Commission of 6/21; Housing Commission of 6/28; Library Board of Trustees of 2/25, 3/24, 4/28; Library Board of Trustees Council Update of 6/23; Zoning Advisory Commission of 7/6; Proof of publication for City Council Proceedings of 6/20. Upon motion the documents were received and filed. 1 2. Disposition of Claims: City Attorney advising that the following claim has been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Shannon's Sports Bar for property damage. Upon motion the documents were received, filed and concurred. 3. Notice of Claims and Suits: Shannon's Sports Bar for property damage. Upon mo- tion the documents were received, filed and referred to the City Attorney. 4. Anderson Sainci Appointed to the Iowa Commission on Volunteer Service: City Manager transmitting correspondence from the Office of the Governor advising that Re- source Management Coordinator Anderson Sainci has been appointed to the Iowa Commission on Volunteer Service. Upon motion the documents were received and filed. 5. City of Dubuque Dollars & Cents Brochure: City Manager transmitting the City of Dubuque's Dollars & Cents public information brochure that describes the City's utility rates, property taxes, online open budget access, general revenues and expenditures, and debt reduction plan. Upon motion the documents were received and filed. 6. Second Amendment to Development Agreement - Friends of St. Mary's d/b/a Steeple Square: City Manager recommending approval of the Second Amendment to the Development Agreement between the City of Dubuque and Friends of St. Mary's d/b/a Steeple Square for the property located at 1501 Jackson Street. Upon motion the documents were received and filed and Resolution No. 272-16 Approving the Second Amendment to the Development Agreement between the City of Dubuque, Iowa and Friends of St. Mary's d/b/a Steeple Square was adopted. RESOLUTION NO. 272-16 APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF ST. MARY'S d/b/a STEEPLE SQUARE Whereas, the City of Dubuque (City) and Friends of St. Mary's d/b/a/Steeple Square (Developer) entered into a Development Agreement, dated May 2, 2016, for the reha- bilitation of 1501 Jackson Street, Dubuque, Iowa (the Property); and Whereas, the parties desire to amend the Development Agreement with respect to authorization to assign the rights and obligations of the Developer under the Develop- ment Agreement to a third party and to revise the deadlines for closing and substantial completion of construction as set forth in the Second Amendment to Development Agreement; and Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should approve to the Second Amendment to Development Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque hereby approves the Second Amendment to Development Agreement, a copy of which is attached hereto. Section 2. The Mayor is authorized and directed to sign the Second Amendment to Development Agreement of behalf of the City of Dubuque. 2 Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 7. Assignment of Development Agreement - Friends of St. Mary's d/b/a Steeple Square: City Manager recommending approval of the assignment of the Development Agreement with Friends of St. Mary's d/b/a Steeple Square for the property located at 1501 Jackson Street to Jackson Street School, LLC. Upon motion the documents were received and filed and Resolution No. 273-16 Approving the assignment of the Devel- opment Agreement between the City of Dubuque and Friends of St. Mary's d/b/a Stee- ple Square from Friends of St. Mary's d/b/a Steeple Square to Jackson Street School, LLC was adopted. RESOLUTION NO. 274-16 APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU- QUE, IOWA AND LEE M. NESTEBY Whereas, Lee M. Nesteby, the owner of the following described property in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque an application for voluntary annexation of the Property to the City of Dubuque: Lot 33, the North % of Lot 32 and the Southerly 25 feet of Lot 34, in Key West, Dubu- que County, Iowa, according to the recorded plats thereof; and Whereas, Lee M. Nesteby, has entered into a Pre -annexation Agreement with the City of Dubuque a copy of which is attached hereto governing the future annexation of the Property; and Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the Property does not include any state or railroad property; and Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the City of Dubuque, necessary for the future orderly growth and development of the City of Dubuque, and will promote efficient and cost effective extension of municipal services; and Whereas, the City Council finds that the annexation of the Property is in the public in- terest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Pre -annexation Agreement by and between Lee M. Nesteby and the City of Dubuque is hereby approved. Passed, approved and adopted this 18th day of July, 2016. ATTEST: By: Kevin S. Firnstahl, City Clerk 3 By: Roy D. Buol, Mayor 8. Pre -Annexation Agreement - Lee M. Nesteby: City Manager recommending ap- proval of a Pre -Annexation Agreement with Lee M. Nesteby, property owner of 10672 Key West Drive. Upon motion the documents were received and filed and Resolution No. 274-16 Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Lee M. Nesteby was adopted. RESOLUTION NO. 273-16 APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BE- TWEEN THE CITY OF DUBUQUE AND FRIENDS OF ST. MARY'S d/b/a STEEPLE SQUARE FROM FRIENDS OF ST. MARY'S d/b/a STEEPLE SQUARE TO JACKSON STREET SCHOOL, LLC Whereas, the City Council of the City of Dubuque, by Resolution No. 176-16, dated May 2, 2016 entered into a Development Agreement with Friends of St. Mary's d/b/a Steeple Square (Developer), as amended; and Whereas, pursuant to the Development Agreement Developer is required to provide certain improvements to real estate owned by Friends of St. Mary's d/b/a Steeple Square, known locally as 1501 Jackson Street, Dubuque, Iowa (the Property); and Whereas, in order to facilitate rehabilitation of the Property, and in particular to ac- commodate the use of historic tax credits, the Property will be or has been deeded to Jackson Street School, LLC, an Iowa limited liability company; and Whereas, Developer desires to assign the Development Agreement to Jackson Street School, LLC pursuant to the Assignment attached hereto in order to facilitate the rehabilitation of the Property; and Whereas, in the Second Amendment to Development Agreement the proposed as- signment is authorized subject to City Council approval; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to approve the Assignment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Assignment is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Assignment on behalf of the City of Dubuque. Passed, approved and adopted the 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 9. CS Technologies, Inc. Agreement: City Manager recommending approval of a Master Co -Location and Shared Services Agreement between the City of Dubuque and CS Technologies, Inc. to pull fiber through approximately 58,928 feet of City -owned conduit. Upon motion the documents were received, filed and approved. 10. College Transit Partnership Contracts: City Manager recommending approval of the contracts with Clarke University, Loras College and University of Dubuque for con- tinuation of the college partnership for the 2016-2017 school year. Upon motion the documents were received, filed and approved. 4 11. Public Works Truck Driver to Utility Worker - Retitling of Position: City Manager recommending the City Council approve the retitling of the position of Truck Driver to Utility Worker. Upon motion the documents were received, filed and approved. 12. ADA Review and Update of Self -Evaluation and Transition Plan Consultant Se- lection: City Manager recommending approval of the selection of Recreation Accessibil- ity Consultants, LLC as the consultant to conduct an ADA Review and Update of Self - Evaluation and Transition Plan. Upon motion the documents were received, filed and approved. 13. Port of Dubuque Marina Report: City Manager transmitting the Port of Dubuque Marina Monthly Report outlining results for Fiscal Year 2016. Upon motion the docu- ments were received and filed. 14. Grand River Center Ballroom Carpet Replacement Project Award: City Manager recommending the award for the Grand River Center Ballroom Carpet Replacement Project to Commercial Flooring be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 15. Grand River Center Concourse and River Room Carpet Replacement Project Award: City Manager recommending the award for the Grand River Center Concourse and River Room Carpet Replacement Project to Commercial Flooring be officially rec- orded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. 16. EPA Brownfield Cleanup Grant - Application and Award: Economic Development Director Maurice Jones is transmitting a memo to notify City Council of the City's appli- cation to the Environmental Protection Agency for Cleanup financial assistance for the proposed remediation of contamination at 501 East 15th Street. Upon motion the docu- ments were received, filed and approved. 17. Improvement Contracts / Performance, Payment and Maintenance Bonds: Top Grade Excavating, Inc. for the Truck Country Sanitary Sewer North Extension Project. Upon motion the documents were received, filed and approved. 18. Alcohol Compliance Civil Penalty for Alcohol License Holder — Northside Bar: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Northside Bar, 276 Jackson Street. Upon motion the documents were received, filed and approved. 19. Alcohol and Tobacco License Applications: City Manager recommending approv- al of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo- tion the documents were received and filed and Resolution No. 275-16 Approving appli- cations 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. 276-16 Approving 5 applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Io- wa Code 453A.47A were adopted. RESOLUTION NO. 275-16 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 LIQ- UOR, BEER AND WINE LICENSES AND PERMITS Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and ap- proved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinanc- es. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the noted permit types to the following applicants pending submission of the locally required documentation: Renewals Bell Tower Productions 2728 Asbury Rd. Special Class C Liquor (Sunday) Casey's General Store #2420 2699 Rockdale Rd. Class E Liquor, Class B Native Wine, Class C Beer (Sunday) Casey's General Store #2421 4003 Peru Rd. Class E Liquor, Class B Native Wine, Class C Beer (Sunday) New The Lift 180 Main St. Class C Liquor (Sunday) Special Event National Mississippi River 350 & 400 E. 3rd St. Special Class C Liquor (Sunday) Museum 8-2-16 Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 276-16 APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NIC- OTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 6 Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. BP Fuel 11450 Loras Blvd. Passed, approved and adopted this 18Th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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. Grandview Avenue at Loras Boulevard and Grandview Avenue and University Av- enue Intersection Improvements Project: City Manager recommending initiation of the public bidding procedure for the Grandview Avenue and Loras Boulevard and Grandview Avenue and University Avenue Intersection Improvement Project, and fur- ther recommends that a public hearing be set for August 1, 2016. Upon motion the doc- uments were received and filed and Resolution No. 277-16 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering the adver- tisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2016 in the Historic Federal Building. RESOLUTION NO. 277-16 GRANDVIEW AVENUE & LORAS BOULEVARD AND GRANDVIEW AVENUE & UNIVERSITY AVENUE INTERSECTION IMPROVEMENT PROJECT PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER- TISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue In- tersection Improvement Project in the estimated amount $589,424.92, are hereby pre- liminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 1st day of August, 2016, at 6:30 p.m. in the Histor- ic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed plans and specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may 7 appear and file objections to the proposed plans, specifications, form of contract, or es- timated cost of the Project. Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue Intersection Improvement Project t is hereby ordered to be advertised for bids for con- struction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in the Master Builders of Iowa Plan Room, The Construction Update Network and posted on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will occur not less than thirteen but not more than forty-five days before the date for filing bids before 2:00 p.m. on the 4th day of August, 2016. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:00 p.m. on the 15th day of August, 2016, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 2. Sale of Property - Lot 1-16 and Lot 2-16 in Linhein Subdivision (Mt. Carmel Road): City Manager recommending the City Council set a public hearing for August 1, 2016, on the sale of Lot 1-16 and Lot 2-16 in Linhein Subdivision to Scott and Sandra Cairns. Upon motion the documents were received and filed and Resolution No. 278-16 Intent to dispose of an interest in City -owned real property by sale to R. Scott Cairns and San- dra K. Cairns was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 1, 2016 in the Historic Federal Building. RESOLUTION NO. 278-16 INTENT TO DISPOSE OF AN INTEREST IN CITY OWNED REAL PROPERTY BY SALE TO R. SCOTT CAIRNS AND SANDRA K. CAIRNS Whereas, the City of Dubuque, Iowa (City) owns the following real property: Lot 1-16 and Lot 2-16 in Linhein Subdivision, in the City of Dubuque, Iowa (the Property); and Whereas, City has entered into an agreement with R. Scott Cairns and Sandra K. Cairns to sell the Property to R. Scott Cairns and Sandra K. Cairns, a copy of which agreement is attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of the City to approve the sale of the Property to R. Scott Cairns and Sandra K. Cairns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing - described real property by sale to R. Scott Cairns and Sandra K. Cairns. Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public 8 hearing on the City's intent to dispose of an interest in the foregoing -described real property, to be held on the 1st day of August, 2016, at 6:30 o'clock p.m. at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS/COMMISSIONS Applications to the following boards/commissions were reviewed. Applicants were in- vited to address the City Council regarding their desire to serve on the following Boards/Commissions. 1. Human Rights Commission: One, 3 -year term through January 1, 2019 (Vacant term of Jones). Applicant: Kate Parks, 486 Clarke Dr. Ms. Parks spoke in support of her appointment. 2. Investment Oversight Advisory Commission: One, 3 -year term through July 1, 2019 (Expiring term of Ruden). Applicant: Gary Ruden, PO Box 835. 3. Zoning Advisory Commission: (Corrected) Two, 3 -year terms through July 1, 2018 (Vacant term of Dietzel and expiring term of Norton). Mayor Buol acknowledged receipt of correspondence from Rich Russell writing in support of his appointment. Applicants: Patrick Norton, 920 Valentine Dr.; Rich Russell, 2045 Embassy West Dr. Mr. Norton spoke in support of his appointment and noted the correction to the number of vacan- cies in light of his expiring term. PUBLIC HEARINGS 1. Request to Rezone - 485 North Grandview Avenue: Proof of publication on notice of public hearing to consider a request by Richard Hartig to rezone property located at 485 North Grandview Avenue from OC Office Commercial District to C-2 Neighborhood Commercial Shopping Center District and the Zoning Advisory Commission recom- mending 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. Se- conded by Jones. Motion carried 6-0 with Lynch abstaining due to a conflict of interest. Planning Services Manager Laura Carstens provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 34-16 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 485 North Grandview Avenue from OC Office Commercial District to C-2 Neighborhood Shopping Center Dis- trict. Seconded by Jones. Motion carried 6-0 with Lynch abstaining due to a conflict of interest. 9 OFFICIAL PUBLICATION ORDINANCE NO. 34-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 485 NORTH GRANDVIEW AVENUE FROM OC OFFICE COMMERCIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter—described property from OC Office Commercial District to C-2 Neighborhood Shopping Center District, to wit: Lot 4 Hodges Subdivision, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of July, 2016. /s/Kevin S. Firnstahl, City Clerk 2. Request to Rezone - 2162 Rockdale Road: Proof of publication on notice of public hearing to consider a request by Bruce Radtke to rezone a portion of 2162 Rockdale Road from R-1 Single -Family Residential to C-3 General Commercial District to permit business expansion and the Zoning Advisory Commission recommending approval. Mo- tion by Connors to receive and file the documents and that the requirement 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. Seconded by Jones. Motion carried 6-0 with Lynch abstaining due to a conflict of interest. Planning Services Man- ager Laura Carstens provided a staff report. Motion by Connors for final consideration and passage of Ordinance No. 35-16 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2162 Rockdale Road from R-1 Single -Family Residential District to C-3 General Commercial District. Se- conded by Jones. Motion carried 6-0 with Lynch abstaining due to a conflict of interest. OFFICIAL PUBLICATION ORDINANCE NO. 35-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED 10 PROPERTY LOCATED AT 2162 ROCKDALE ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, is hereby amended by reclassifying the hereinafter—described property from R-1 Single -Family Residential District to C-3 General Commercial District, to wit: Lot 2 of Mineral Lot 482, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of July, 2016. /s/Kevin S. Firnstahl, City Clerk 3. Amend Institutional District - Padre Pio Health Care Center: Proof of publication on notice of public hearing to consider a request from Straka Johnson Architects, PC / Stonehill Franciscan Services, 3160 Sheridan Road, to expand the Padre Pio Health Care Center Institutional District to facilitate construction of a secondary access to Sher- idan Road and the Zoning Advisory Commission recommending approval. Motion by Lynch to receive and file the documents and that the requirement that a proposed ordi- nance 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 car- ried 7-0. City Manager Van Milligen responded to questions regarding the potential for sidewalks in the area as they relate to the City's sidewalk program and issues with con- nections to existing sidewalks, future development, expense and severe topography. Motion by Lynch for final consideration and passage of Ordinance No. 36-16 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, Rescinding Ordinance 45-11 and approving an amended Campus Development Plan for Padre Pio Health Care Center Institutional District to rezone 3160 Sheridan Road from R-1 Single -Family Residential District to ID Institutional District and Construct a new access drive to Sheridan Road. Seconded by Connors. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 36-16 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, RESCINDING ORDINANCE 45-11 AND APPROVING AN AMENDED CAMPUS DEVELOPMENT PLAN FOR PADRE PIO HEALTH CARE CENTER INSTITUTIONAL DISTRICT TO REZONE 3160 SHERIDAN ROAD FROM R- 1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO ID INSTITUTIONAL DISTRICT AND CONSTRUCT A NEW ACCESS DRIVE TO SHERIDAN ROAD 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances Unified Devel- opment Code and rescind Ordinance No. 45-11 and adopting a revised campus devel- opment plan for expanding the Padre Pio Health Care Center Institutional District and allowing a new access drive to Sheridan Road, for the following property, to wit: Lot 1 of 1 of 3 Mineral Lot 324 and Lot 1 of 2 of 3 Mineral Lot 324, and to the cen- terline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the ID Institutional district and of the Zoning Ordinance, the above-described property is subject to the following condi- tions and restrictions: A. Use Regulations The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be limited to the following: a. Nursing or convalescent homes. b. Residential care facilities. c. Multi -family dwellings for the housing of institutional residents or affiliates. d. Offices for administrative personnel or other institutional employees and affiliates. e. Off-street parking and loading. 2. Conditional use shall be regulated by Section 5-22.2 of the Unified Develop- ment Code. 3. Accessory uses shall be regulated by Section 5-22.3 of the Unified Develop- ment Code. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: 1. That the proposed access road shall be located in substantial conformance with the attached amended conceptual development plan. 2. That all previously -approved campus development plans are hereby super- seded to allow for the attached development plan. C. Site Development Standards The site development standards for this ID Institutional District shall be established as follows: 1. Site plans shall be submitted in compliance with Section 12 Site Plans of the Unified Development Code. 2. New outdoor lighting shall comply with Section 13-3.1 Site Lighting of the Unified Development Code. 3. That storm water from new facilities shall comply with Section 13-3.3 Storm Water Management of the Unified Development Code. 4. Landscaping and screening requirements shall be established in accordance with the requirements of Section 13-4.4 of the Unified Development Code. 5. Trash enclosures shall comply with Section 13-4.9 Exterior Trash Collection Areas of the Unified Development Code. D. Sign Regulations 12 The sign regulations shall be the same as that which are allowed for ID Districts in Section 15-11.13 of the Unified Development Code of the City of Dubuque, Iowa. E. Parking Standards The off-street parking requirement for the principal permitted uses for the herein de- scribed ID Institutional District shall be regulated as follows: 1. That new off-street parking spaces shall be designed and constructed in compliance with Section 13-3.5 Parking Lot Layout of the Unified Development Code. 2. Any significant expansion or reduction in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted Padre Pio Health Center Institutional District. F. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement, the provision that the purchaser or leasee acknowl- edges awareness of the conditionals authorizing the establishment of this district. G. Modifications Any modifications of this Ordinance must be approved by the City council in accord- ance with zoning reclassification proceedings of Section 9-5 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of July, 2016. /s/Kevin S. Firnstahl, City Clerk 4. Sale of Property - 595 Angella Street: Proof of publication on notice of public hear- ing to consider the sale of city -owned property located at 595 Angella Street to Craig Nesteby and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 279-16 Disposing of City interest in real property located at 595 Angella Street, in the City of Dubuque, Iowa. Seconded by Rios. City Manager Van Milligen responded to questions from City Council (inadvertently raised during Action Item #2) about the City placing 21 -year, owner -occupied covenants on properties it acquires, rehabilitates and sells. He added that a goal of the covenants is to help decrease density in neighborhoods historically built as single-family, residen- tial homes and disperse the concentration of rental properties while maintaining a level of affordable rental properties. Motion carried 7-0. RESOLUTION NO. 279-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 595 ANGELLA STREET, IN THE CITY OF DUBUQUE, IOWA 13 Whereas, the City Council, by Resolution No. 265-16, dated the 5th day of July, 2016, declared its intent to dispose of City interest in real property located at 595 Angel - la Street, legally described as: Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa, ac- cording to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 18th day of July, 2016 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Real Estate Contract and subsequent Special Warranty Deed for the sale to Craig Nesteby accord- ing to the terms and conditions set out in the Real Estate Contract is in the public inter- est of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Real Estate Contract by and between the City of Dubuque and Craig Nesteby for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Craig Nesteby. Section 3. That the City Clerk is hereby authorized and directed to cause said Real Estate Contract to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract the Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed conveying the City's interest in the Property to Craig Nesteby. Section 5. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 5. Sale of Property - 321 Valeria Street: Proof of publication on notice of public hear- ing to consider the sale of property located at 321 Valeria Street to Dawn M. Redfern a/k/a Dawn M. Adams and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 280-16 Disposing of City interest in real property located at 321 Valeria Street, in the City of Dubuque, Iowa. Se- conded by Jones. Motion carried 7-0. RESOLUTION NO. 280-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 321 VALERIA STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 266-16, dated the 5th day of July, 2016, declared its intent to dispose of City interest in real property located at 321 Valeria Street, legally described as: 14 Lot 1 of Lot 130 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, ac- cording to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 18th day of July, 2016 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Real Estate Contract and subsequent Special Warranty Deed for the sale to Dawn M. Redfern a/k/a Dawn M. Adams according to the terms and conditions set out in the Real Estate Con- tract is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Real Estate Contract by and between the City of Dubuque and Dawn M. Redfern a/k/a Dawn M. Adams for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Dawn M. Redfern a/k/a Dawn M. Adams. Section 3. That the City Clerk is hereby authorized and directed to cause said Real Estate Contract to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract the Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed conveying the City's interest in the Property to Dawn M. Redfern a/k/a Dawn M. Adams. Section 5. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 18th day of July, 2016. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 6. Sale of Property - 2283 White Street: Proof of publication on notice of public hear- ing to consider the sale of property located at 2283 White Street to Shawn and Christina Hanen and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 281-16 Disposing of City interest in real property located at 2283 White Street in the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 7-0. RESOLUTION NO. 281-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2283 WHITE STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 267-16, dated the 5th day of July, 2016, declared its intent to dispose of City interest in real property located at 2283 White Street, legally described as: 15 The East Half of the North 1/4 of Lot 16"P" and the East Half of the South Half of Lot 18, in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 18th day of July, 2016 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Real Estate Contract and subsequent Special Warranty Deed for the sale to Shawn C. and Christina M. Hanen according to the terms and conditions set out in the Real Estate Contract is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Real Estate Contract by and between the City of Dubuque and Shawn C. and Christina M. Hanen for the sale of the Property, a copy attached hereto, is here- by approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Shawn C. and Christi- na M. Hanen. Section 3. That the City Clerk is hereby authorized and directed to cause said Real Estate Contract to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract the Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed conveying the City's interest in the Property to Shawn C. and Christina M. Hanen. Section 5. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 18th day of July, 2016. Attest: Kevin S. Firnstahl, City Clerk ACTION ITEMS Roy D. Buol, Mayor 1. Arts Master Plan Presentation to Council: Economic Development Director Maurice Jones introduced the presentation. Priya Sircar, Senior Consultant for Lord Cultural Re- sources, provided a slide presentation on the final draft of the Arts and Culture Master Plan for the City of Dubuque. Topics included the purpose of the plan; planning process; key issues, needs and opportunities; vision statement; goals; priorities and strategies; public art policy recommendations, roles and responsibilities; recommendations for the advisory commission; and master plan implementation steps. Motion by Connors to re- ceive and file the documents and hear the presentation. Seconded by Jones. Motion carried 7-0. 2. Arts and Cultural Program - FY17 Operating Support Requests: Arts and Cultural Affairs Advisory Commission requesting approval of the 13 eligible FY 2017 Arts and 16 Cultural Operating Support funding requests and authorizing the City Manager to sign the funding agreements. Motion by Jones to receive and file the documents and ap- prove the recommendation. Seconded by Lynch. Motion carried 7-0. 3. Arts and Cultural Program - FY17 Special Projects Grants: Arts and Cultural Affairs Advisory Commission recommending approval of the six FY 2017 Arts and Culture Grants for Special Projects and authorize the City Manager to sign the grant agree- ments. Motion by Lynch to receive and file the documents and approve the recommen- dation. Seconded by Connors. Motion carried 7-0. 4. Submission of Fire Department Strategic Plan: City Manager recommending ap- proval of a strategic plan for the Fire Department. Motion by Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion car- ried 7-0. 5. Property Acquisition - 730 Cody Drive: City Manager recommending approval of a Resolution authorizing the purchase of 730 Cody Drive and acceptance of the deed for property owned by George and Dorothy Roepsch. Motion by Lynch to receive and file the documents and adopt Resolution No. 282-16 Approving an offer to buy real estate and acceptance for the purchase of certain real estate in Dubuque County, Iowa from George E. and Dorothy S. Roepsch. Seconded by Rios. Motion carried 7-0. RESOLUTION NO. 282-16 APPROVING AN OFFER TO BUY REAL ESTATE AND ACCEPTANCE FOR THE PURCHASE OF CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM GEORGE E. AND DOROTHY S. ROEPSCH Whereas, the City of Dubuque intends to acquire certain property and has negotiated an Offer to Buy Real Estate and Acceptance with George E. and Dorothy S Roepsch for the purchase of the following described real property in Dubuque County, Iowa: East Part of Lot 5 Block 7 Pioneer Hills; Lot 1 of the Subdivision of Lot 2-1-1-1 McLean Heights excepting the proposed garden lot; and Lot 1 Roepsch Subdivision; and Whereas, the City Council has determined that the purchase of the property is in the best interests of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby approves the Offer to Buy Real Estate and Acceptance, a copy of which is attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran- ty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and he is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, to- gether with certified copy of the Resolution. Passed, approved and adopted this 18th day of July, 2016. 17 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk COUNCIL MEMBER REPORTS Council Member Connors reported on the sidewalk chalk drawing event that took place at 8th and Iowa Streets prior to the Council meeting in support of the Dubuque Po- lice Department. Council Member Del Toro responded to Mayor Buol's statement from the beginning of the meeting saying in part that he was elected to represent the citizens of Ward 2 and to question items which warrant scrutiny and review. He added that he does not think there has been any unprofessional decorum to date at the Council table and that ques- tions and discussions make for a successful, high -performing organization. He thanked and urged citizens to continue to share their thoughts on Council decisions. Mayor Buol clarified that he is addressing the terminology used during discussions that is directed at Council, staff or persons at the podium. CLOSED SESSION Motion by Jones to convene in closed session at 7:53 p.m. to discuss pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second- ed by Lynch. Mayor Buol stated for the record that the attorneys who will consult with City Council on the issues to be discussed in the closed session are City Attorney Barry Lindahl, Assistant City Attorney Crenna Brumwell, Assistant City Attorney Maureen Quann, Attorney Steven Tyler and Attorney Ivan Webber. Motion carried 7-0. Upon motion the City Council reconvened in open session at 9:16 p.m. stating that staff had been given proper direction. There being no further business upon motion the City Council adjourned at 9:17 p.m. /s/Kevin S. Firnstahl, City Clerk 18