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Proof_City Council Proceedings 5 20 13CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on May 20, 2013 at the Port of Dubuque Marina. 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 tour of the Port of. Dubuque Marina. WORK SESSION Port of Dubuque Marina Tour Leisure - 'Services Manager, Marie Ware led a tour of the Port of Dubuque Marina that is scheduled to open June 1, 2013. Council ex- pressed ev wonderful everything looked. There being no further business upon motion the City Council adjourned at 5:46 p.m. /s/Trish L Gleason, CMC Assistant City Clerk It 5/29 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6 :30 p.m. on May, 20, 2013 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 conduct- ing such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATION(S) Board of Realtors 100th Anniversary was approvea. accepted oy Harry ap d Blewett, President of the Dubuque Board of Realtors. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Jones. Motion carried 7 -0 Minutes and Reports Submitted: City Coun- cil Proceedings of 5/6, City Council Compen- sation Task Force of 4/10 and 4/29; Five Flags Civic Center of vation Commission of 4/18, Historic Preser- vation " Commission Education Task Force of 5/2, Library Board of Trustees of 3/28, Park and Recreation Advi- sory Commission of 4/2 and 5/6, Zoning Advisory Commission of 5/1, Zoning Board of Adjustment of ;,4/25, Proof of publication for City Council Proceed- ings of 4/1 and 4/15, Proof of publication for List of Claims and Summary of Revenues for Month Ended 3/31/13. Upon motion the documents were received and filed. Notice of Claims and Suits: Area Residential Care for property damage and Maria Reyes for vehicle damage. Upon motion the documents were • nd 4 F:i...l ...J referred to the City Attorney. 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: Area Residential Care for property damage, Christine Johnson for personal injury, Maria Reyes for vehicle damage. Upon motion the documents were received and filed and concurred. Request for Qualifications - Transit Department Roof Re- placement and Sprink- ler System Upgrade: City Manager recom- mending approval to release :a Request for Qualifications for the replacement of ` two sections of the Transit Facility roof and the upgrade of its sprinkler system. Upon motion the documents were received, filed and ARC Transfer Center Phase I Project - Amendment of Easement: City Man- ager recommending approval of an Amended Easement Agreement with Area Residential Care, Inc. for the ARC Transfer Center Phase I (Canopy) Project. Upon motion the documents were received, filed and approved. Five Flags Center - Room Rental Rates: City Manager recom- mending approval of room rental rate increases submitted by SMG, the company managing Five Flags Center. Upon motion the documents were received, ;, filed and approved. Hazard Mitigation Property Acquisition Demolition Award: City Manager recommend- ing award of the contract for abatement of asbestos - containing materials and demo - lition of flood- damaged properties at 1711 Old Mill Road and 1654 Manson Road through the FEMA 404 Buy -Out Program to the , low bidder, Lansing Brothers Construction Company, f Inc . Upon motion the documents were received, filed and approved. Jule Interim Director and DOT Designated Signatory: City 'Mana- ger recommending approval of naming the current Jule Operations Supervisor Jodi `John- son as the Interim Transit Manager and recommends City Council authorization of a resolution for the Iowa Department of Transportation /Office of Public Transit indicating the Interim Transit Manager or the Transit Manager are the designated signa- tories for the Iowa Department of Trans- portation /Office of Public Transit related documents. Upon mo- tion the documents were received, filed and approved. 2013 Pavement Marking Project Award: City Manager recommending that the award for the 2013 Pavement ' Marking Project to Selco, Inc. be officially recorded in the minutes of the City Council. Upon motion the documents were received, ; filed and P rove . 2012 National Park Service Annual Report: City Manager transmit- ting the 2012 National Park Service Annual Products Report and Baseline Question - naire. Upon motion the documents were received and filed. Corporate Aircraft Hangar Roof Repair: City Manager recom- mending approval to reallocate funds for the removal and replace - ment of the existing roof of the Pictaio Aerospace Corporate Hangar at the Dubuque Regional Airport. Upon motion the documents were received, filed and approved. 2013 -2014 Urban Deer Management Plan: City Manager recommend- STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 31, 2013, and for which the charge is $364.22. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this 6a day of `� , 20 / . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYNR Cornmis&0i1 Number 1554885 ing approval of the 2013 -2014 City of Dubuque Urban Deer Management Plan. Upon motion the documents were received, filed and approved. Tour Dubuque - Trail and Park Use Agree- ment: City Manager recommending allow- ing Tour Dubuque! Trikkes on the Riverwalk and other areas approved by the City with a one-year trial period as ap- proved by the Park and Recreation Advisory Commission. Upon motion the documents were received, filed and approved. Catfish Creek Watershed Manage- ment Plan Consultant: City Manager recom- mending approval of the selection of Ap- plied Ecological Ser- vices as the consultant for the Catfish Creek Watershed Manage- ment Plan, and authorize City staff to negotiate a contract for r services. Upon motion the documents were received, filed and approved Sanitary Sewer Manhole Replacement (7th and White Streets) Project Award: City Manager recommend -' ing that the award for the 7th and White Streets Sanitary Sewer Manhole Replacement Project to Top Grade Excavating be officially recorded in the minutes of ` the City Council. Upon motion the documents were received, filed and made a matter of record. Collective Bargaining Agreement Amend- ment for Operating Engineers Local #234: City Manager recom- mending approval of an amendment to the Collective Bargaining Agreement between the City of Dubuque and the International Union of Operating Engineers, Local #234. Upon motion the documents were re- ceived, filed and approved Sewer Revenue Capital Loan Notes Series 2013B Complete Action on Issuance: City Manager recom- mending approval of the suggested proceed- ings to complete action required on the $3,058,000 Sewer Reve- nue Capital Loan Notes (Series 2013B) through the Iowa Water Pol- lution Control Works Financing Program. Resolution 149 -13 ap- proving and author- izing a Form of Loan and Disbursement Agreement by and between the City of Dubuque, Iowa and the Iowa Finance Author- ity, and authorizing and providing for the issuance and securing the payment of $3,058,000 Sewer Revenue Capital Loan Notes, Series 20136, of the City of Dubuque, Iowa, under the provisions of the City Code of Iowa, and providing fora method of payment of said notes. Upon motion the documents were re- ceived, filed and resolution adopted. Acceptance of Ease- ment from Hwy 151 & 61 Development, LLC: City Manager recom- mending acceptance of the Grant of Easement for public and private utilities, sidewalk, underground electric, fiber optic cable, traffic signals and other appurte - nances from HWY 151 &61 Develop- ment, LLC along the northerly right -of -way line of East Sixteenth Street. Resolution 150- 13 accepting the Grant of an Easement for public and private utilities, sidewalk, un- derground electric, fi- ber optic cable, traffic signals and other ap- purtenances through, under and across parts of Lot 1 Riverview Plaza No. 2, and Lot 1 and Lot 2 Riverview Plaza No. 3 all in the City of Dubuque, Dubu- que County, Iowa. Upon motion ' the documents were received, filed and resolution adopted. Weaver Castle Enterprise Zone Con - tract for 324-326 West Locust Street: City Manager recommend- ing t approval of a Housing Enterprise Zone Program Agree- ment by and among the - Iowa Economic Development Author- ity, the City of Dubuque and Weaver Castle, LLC for redevelopment of 324 -326 West Locust Street. Resolution 151- 13 Approving a Hous- ing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC. Upon motion the documents were received, filed and resolution adopted. Weaver Castle Enterprise Zone Con- tract for 407 -409 Loras Blvd.: City Manager recommending appro- val of a Housing Enterprise Zone Pro- gram Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC for redevelopment of 407- 409 Loras Boulevard. Resolution 152 -13 ap- proving a Housing Enterprise Zone Pro- gram Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC. Upon motion the documents were received, filed and resolution adopted. Sustainable Dubuque Monthly Project Status Report: City Manager transmitting the Sustainable Dubuque Monthly Project Status Report for April 2013. Upon motion the documents were re- ceived and filed. Request for Proposals E.B. Lyons Inter- pretive Area: City Man- ager recommending approval to post a Request for Proposals for consulting services for development of the E. B. Lyons Interpretive Area at the Mines of Spain State Recreation Area. Upon motion the documents were re- ceived, filed and approved. Port of Dubuque Marina Seasonal Staff- ing: City Manager recommending appro- val of a staffing plan, job descriptions and salary grade for the Port of Dubuque Marina that include a Marina Manager, Cashier /Clerk and Dock Attendant. Upon motion the documents were received, filed and approved. Request for Easement -` 2561 Front Street: Correspondence from Chuck Sroka request - ing a 20 ft. utility easement for sewer and water at 2561 Front Street. Upon motion the documents were received, filed and referred to City Manager. Alcohol Compliance Civil Penalty for Alco- hol License Holders - Applebee's Neighbor - hood Bar and Grill: City Manager recommend- ing approval of the Acknowledgment /Settl ement Agreement for an alcohol compliance violation for Apple - bee's Neighborhood Bar and Grill, 1395 Associates Drive. Upon motion the documents were received, filed and approved. Improvement Con- tracts / Performance, Payment and Mainte- nance Bonds: a) Max Smith Construction for the 508 East 16th Street Utility Project, b) Top Grade Excavating, Inc. for the 7th and White Streets Manhole Reconstruc- tion Project. Upon motion the documents were received, filed and approved. Liquor and Tobacco License Applications: City Manager recom- mending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. Reso- lution 153-13 Approv- ing applications lications 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 inLique Lor, icens Beeer and Ws Permits. Resolution 154- 13 Approving 'appiica- tions' for retail ciga rette /tobacco sales permits, as required by Iowa Code 453A.47A. Upon motion the documents were re- ceived, filed and resolutions adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated and direct the City Clerk to publish notices as prescribed by law. Seconded by Resnick. Motion carried 7-0. Vacate Storm Sewer Easement Timber Hyrst Estates No. 2: City Manager recommend- ing that a public hearing be set for June 3, 2013, on the disposal of the City's interest in a storm sewer ease- ment Timber -Hyrst Estates #2 to Robert A. and Beth M. Hartig. Resolution 155 -13 Reso- lution of Intent to vacate and dispose of City interest in storm sewer easements over and across Lot 1 and Lot 2 Timber -Hyrst Estates #2 in the City of Dubuque, Dubuque County, Iowa. Upon motion the documents were received, filed, Resolution(s) adopted, public hearing set for 6/3/13. Voluntary Annexation Request - 13034 Seip- pel Road / Hillcrest Family Services: City Manager recommend- ing that a public hearing be set for June 17, 2013 on the voluntary annexation request by Hillcrest Family Services for their 10 -acre property located at 13034 Seippel Road. Upon motion the documents— were received, filed, Resolution(s) adopted, public hearing set for 6/17/13. Weaver Castle, LLC - 346 -348 W. Locust Street: City Manager recommending that a public hearing be set for July 1, 2013, on the Development Agree- ment with Weaver Castle, LLC to redevelop the property located at 346 -348 West Locust Street. Resolution 156 -13 (1) approving the mini- mum requirements, competitive criteria, and offering proce- dures for the devel- opment and the sale of certain rea l property and improvements in The Greater Downtown Urban Renewal i Dis- trict; (2) determining that the Offer to Purchase submitt ed by Weaver'! Castl0, i LLC satisfies the. offering requirements with respect to the real property: and improve- ments and declaring the intent of the City Council to approve the sale to Weaver Castle, LLC in the event that no competing propo- sals are submitted; and (3) soliciting compet- ing proposals. Upon motion the documents were received, filed, Resolution(s) adopted, public hearing set for 7/1/13. BOARDS / COMMISSIONS Applicants were invited to address the Council regarding their application for appointment. Electrical Code Board: One 3 -Year term: through May 21, 2014 (Vacant term of Mueller). Applicant: David B. Wilson, 2918 Washington. David Wil- son spoke in favor of his application . PUBLIC HEARINGS Rescinding 30 -inch Force Main Project Phase I (9th - '' 11th Streets): City Manager recommending rescind- ing Resolution No. 139- 13, which will cancel the public bidding process for Phase I of the 30 -Inch Force Main Relocation Project from 9th Street to 11th Street and re- initiate the project at a future City Council meeting once the plans and specifications have been updated to reflect the Statewide Urban Design and - Specifi- cation (SUDAS). Reso- lution 157 -13 Rescind - ing Resolution No. 139- 13, approving prelimin- ary plans, specifica- tions, form of contract and estimated cost; setting date of public hearing on plans, specifications, form of contract and estimated cost; and ordering the advertisement of bids for phase I of the 30- inch Force Main Relocation Project From 9th Street to 11th Street. M b Braig to receiveotion , fily e and adopt the resolution. Seconded by Connors. Motion carried 7 -0 Upon motion the rules were suspended allow- ing anyone present to address the City Council. Request To Rezone - 8005 Seippel Court: Proof of publication on notice of public hearing to consider a request by Jon Kluck, 8005 Seippel Court, to rezone existing CS Commercial Service and Wholesale District with conditions to reduce the north side setback from 50 feet to 20 feet and the Zoning Advisory Commission recommending appro- val. 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. Sec- onded by Jones. Motion carried 7 -0 Motion by Connors for final consideration and passage of Ordinance 23 -13 Amending the City of Dubuque Code of Ordinances, Title 16, Unified Development Code, by reclassifying hereinafter ' described property located - at 8005 Seippel Court from Planned CS Commercial Service and Wholesale District with Conditions to CS Commercial Service and Wholesale District with Conditions. Asso- ciate Planner, ` Kyle Kritz provided a staff report. Seconded by Braig. Motion carried 7 -0. Unified Development Code Text Amendment - Free Standing Signs: Proof of publication on notice of public hear- ing to consider _ a request by Premier Bank, 140 W 9th Street, to amend Article 15- 11.10 to permit free- standing signs along W. _ 9th St. between Iowa and Main Streets in a C -4 Downtown Commercial Zoning District and the Zoning Advisory Commission recommending appro- val. 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. Sec - onded by Braig. Motion carried 7 -0 Motion by Connors for final consideration and passage of Ordinance Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 15- 11.10'Schedule of Sign Regulations for the C -5 Central Business Dis- trict and adopting a new Section 15 -11.10 Schedule of Sign Regulations for the C -5 Central Business Dis- trict in lieu thereof, pertaining to the addition of freestand- ing identification signs from Main Street to Iowa Street along the east side of 9th Street. Associate Planner, Kyle Kritz provided a staff report. Seconded by Braig. Motion carried 7 -0. Unified Development Code Text Amendment - Towers And Antennas: Proof of publication on notice of public hearing to consider a request by City of onal Dubuque to amend Cor- Section 7 -2 Towers and lane Antennas of the Unified and Development Code to !que establish timelines for lane review of applications the and the Zoning S is Advisory Commission r of recommending appro- pet val. Motion by Jones to new receive, and file the ; by documents and that and the requirement that a din proposed ordinance be g considered and voted roup on for passage at two ntel- iers) tided iver- this by car- LLC evel- redit Man - ding to lopt Dis- 'es ant t MF an of end -13 for FM an of dg. les `ed to act ger ■ro- ver ent ati- up, Dnd with lity an year 26, 25, two dear tual by file ition if a nent veen que, num LLC. dick. Council meetings prior to the meeting at which it is to be passed be suspended. Sec- onded by Resnick. Motion carried 7 -0 Motion by Jones for final consideration and passage of Ordinance 25 -13 Amending City of Dubuque Code of Ordi- approval of a Crown, field Redevelrpmenl Tax Credit Application to the Iowa Economic Development authority on behalf of Ware- house Trust, LLC for rehabilitation of the Novelty Iron Works Building at 1079 Elm Street. Motion by Connors to receive, file and adopt Resolution 162 -13 approving a Brownfield Redevel- opment Tax Credit application to the Iowa Economic Development authority on behalf of Warehouse Trust, LLC. David Heiar Economic= Development Director, was present to answer Council questions. Sec- onded by Jones. Motion carried 7 -0. Pilot Intersection Painting Project at 18th and Washington Streets: City Manager recommending appro- val for a pilot street mural painting project at the intersection of 18th Street and Washington Street. Motion by Braig to receive, file and approve recommenda- tion. Megan Starr spoke regarding the annual maintenance of this project. A citizen spoke in favor of the project but not the location. Seconded by Connors. Motion car- ried 7 -0. Sustainable Dubuque Community Grants: City Manager recom- mending funding of 12 applications to the new Sustainable Dubuque Community Grant Pro- gram. Motion by Braig to : receive, file and approve recommen- dation. Seconded by Connors. Motion car- ried 7 -0. Port Of Dubuque Marina Fees, Budget And Logo: City Man- ager recommending approval of the 2013 marina fees, Fiscal Year 2013 and Fiscal Year 2014 marina revenue and - expen- diture budget. Motion by Connors to receive, file and , approve re- commendation. Accept- ing debit cards and access to public restrooms were discus- sed by Council. Sec- onded by Braig. Motion carried 7 -0. City Council Salary Compensation: City Council Compensation Task Force submitting its recommendation for incoming Council Mem- ber salaries effective January 1, 2014. Motion by Connors to receive, file, and approve recommendation. Sec - onded by Braig. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council person Connors attended the Main Street Awards event in Des Moines, Iowa. Council person Jones attended the Kiwanis Club meeting with the Sister City Advisory Committee and Dornbirn Austria's City Manager. PUBLIC INPUT Phil French of 385 East 13th St., spoke regarding current crime in downtown Dubuque and what is being done about it. Peter Swanson formerly of 8 Lindberg Terrace; discussed his 4th Amendment rights. Mr. Swanson was gaveled out by the Mayor and was escorted from the building. There being no further business, upon motion the City Council adjourned at 7:42 p.m. /s/Trish L. Gleason, CMC Assistant City Clerk it 5/29 ing approval of the Iowa 2013 -2014 City of ity, Dubuque Urban Deer and Management Plan. issua Upon motion the the documents were $3,05 received, filed and Reve approved. Note Tour Dubuque - Trail the and Park Use Agree- Iowa ment: City ':Manager recommending allow- ing Tour Dubuque Trikkes on the Riverwalk and other areas approved by the City with a one -year trial period as ap- proved by the Park and Recreation Advisory Commission. Upon motion the documents were received, filed and approved. Catfish Creek Watershed Manage- ment Plan Consultant: City Manager recom- mending approval of the selection of Ap- plied Ecological Ser- vices as the consultant for the Catfish Creek Watershed Manage- ment Plan', and authorize City staff to negotiate a contract for services. Upon motion the documents were received, filed and approved Sanitary Sewer Manhole Replacement (7th and White Streets) Project Award: City Manager recommend -` ing that the award for the 7th and White Streets Sanitary Sewer Manhole Replacement Project to Top Grade Excavating be officially recorded in the minutes of ` the City Council. Upon motion the documents were received, filed and made a matter of record. Collective Bargaining Agreement Amend- ment for Operating Engineers Local #234: City Manager recom- mending approval of an amendment to the Collective Bargaining Agreement between the City of Dubuque and the International Union of Operating Engineers, Local #234. Upon motion the documents were re- ceived, filed and approved Sewer Revenue Capital Loan Notes Series 2013B Complete Action on Issuance: City Manager recom- mending approval of the suggested proceed- ings to complete action required on the $3,058,000 Sewer Reve- nue Capital Loan Notes (Series 201313) through the Iowa Water Pol- lution Control Works Financing Program. Resolution 149 -13 ap- proving and author- izing a Form of Loan and Disbursement Agreement by and between the City of Dubuque, Iowa and the prov Codl prov of l note docu ceiv( resol Ac men 61 I City men the for I utilit uncle fiber sign) appu HWY ment Chimneys, Gutters nortl & Roofing, Cleaned, line inspected or repaired. Stree Spring Special -Starts $65 13 ac Call Norm, of a 563 -543- 8391,588 -2277 public utiliti Reach 111,100 adults every week or 1 space currently available. SEVENTH HEAVEN 24 -hr. Private Care in a Loving Family Atmosphere with Nurse on Staff. 1321 Tomahawk Drive 563- 557 -9110 AULING and MOVING Will Haul for Low Rates. Insured. 7 days a week. 25 years experience. Call 563 -495 -1170 Build It Constructs * *Free Estimates' 870 - 577- 2642Johr New Constructior Home Improvement Repairs. No Job tc small!! Use this Ad a 10% discount o labor cost in JunE rove dergr ber c signa purte under of L Plaza and Plaza City o que Upon docur recei resoh INFINIT FOAly Infinit Foam LLC. High quality spray foam and protective coating ap- plications. Call for free quote. Fully insured. 608 -553 -1306 www.infinitfoam.com ve ervi ILL DO GARDEN 'MLR Many years of servi Call 563- 583 -420 Enter tract Locut Mane ing Housi Zone ment the Devel ity, th and LLC of 324 Street 13 Al ing Progn and ■ Econc Autho Dubuc Castle motto were and resoiu'rltiri'auup.au. Weaver Castle Enterprise Zone Con- tract for 407 -409 Loras Blvd.: City Manager recommending appro- val of a Housing Enterprise Zone Pro- gram Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and Weaver Castle, LLC for redevelopment of 407- 409 Loras Boulevard. Resolution 152 -13 ap- proving a Housing e your chide towed �I drive to: SHOP Complete collision service Since 1..78, a proven n best out o pair: like a9( insurance c©Inpanie erne you can trust making the a bad situation. r happened, rac ontrac acts / Performance, Payment and Mainte- nance Bonds: a) Max Smith Construction for the 508 East 16th Street Utility Project, b) Top Grade Excavating, Inc. for the 7th and White Streets Manhole Reconstruc- tion Project. Upon motion the documents were received, filed and approved. Liquor and Tobacco License Applications: City Manager recom- mending approval of motion the documents were received, filed, Resolution(s) adopted, public hearing set for 6/17/13. Weaver Castle, LLC - 346 -348 W. Locust Street: City Manager recommending that a public hearing be set for July 1, 2013, on the Development Agree- ment with Weaver Castle, LLC to redevelop the property located at 346 -348 West Locust Street. Resolution 156 -13 (1) L G-' ge Notices k Yk� p t tiCeS glances, Title 16 Unified Development Code, Chapter 7 'Supplemen- tal Use Regulations, Section 7 -2.3 Commun- ication Tower Stan- dards and Section 7 -2.4 Antennas to add timelines for review of I applications related to installation of commun- ication towers and antennas. Associate Planner, Kyle Kritz provided a staff report. Seconded by Resnick. Motion carried 7 -0. Unifietl Development Code Text Amendment - Street Names on Pre- liminary Plats Proof of publication on notice of public hearing to consider a request by the City of Dubuque to amend Section 11 -7(D) Major Subdivisions and Section 11 -15(H) Streets of the Unified Development Code to require that street names be included on preliminary plats and the Zoning Advisory Commission recom- mending approval. Motion by Lynch to receive, and file the documents and that the requirement that a proposed ordinance be I considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Sec- onded by Connors. Motion carried 7 -0 Motion by Lynch for final consideration and passage Ordinance 26- 13 Amending City of Dubuque Code of Ordinances, Title 16, Unified Development Code, Chapter 11 Land Division, Section 11- 7(D)(3) Major Subdivi= 15(H) Streets to require street names on preliminary plats. Associate Planner, Kyle Kritz provided a staff report. Seconded by Connors. Motion ,car - ried 7 -0. Unified Development Code - Flood Hazard Overlay District: Proof of publication ' on notice of public hear - ing to consider . a request by the City of Dubuque to amend Section 6 -4 Flood Hazard Overlay District of the Unified Devel- opment Code and the Zoning Advisory Corn- mission 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. Sec- onded by Braig. Motion carried 7 -0 Motion by Connors for final consideration and passage of Ordinance 27 -13 Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by repealing Section 6 -4 Flood Hazard Overlay District and enacting a new Section 6 -4 Flood Hazard Overlay District to comply with Nation- al Flood Insurance Pro - gram requirements. Asso- ciate Planner, Kyle Kritz provided ` a staff report. Seconded by Braig. Motion carried 7 -0. Highway 61/151 South Technology Park Annexation: Proof of publication on notice of public hearing to consider an application for voluntary;annexa- tion of territory on Highway 61/151 south of the Technology Park on the south side of the City of Dubuque and the City Manager recommending appro- val. Motion by Braig to receive, file, and adopt Resolution - 158.13 Ap- proving application for voluntary annexation of territory to the City of r; Dubuque, Iowa. Seconded by Connors. Motion carried 7 -0. Midwest ' Energy Solutions / MF Enter- prises, LLC - Grant of Easement on East 16th Street: Proof of publi- cation on notice of public hearing to consider granting an easement for MF Enterprises, LLC for a compressed natural gas conduit and piping system between the BP Station and the proposed convenience store on the south side on East 16th Street right -of -way and the City Manager recom- mending approval. Motion by Connors to receive, file, and adopt Resolutions 159 -13 Dis- posing of City Interest by Grant of Easement for private utility to MF Enterprises LLC for an underlying portion of East 16th Street and Resolution 160-13 Granting Easement for private utility to FM Enterprises LLC for an underlying portion of East 16th Street. Seconded by Braig. Motion carried 7 -0. Upon motion the rules were reinstated limiting discussion to the City Council ACTION I6EMS Grand River Center Management - Management Contract Renewal: City Manager recommending appro- val of the Grand River Center Management Agreement with Plati- num Hospitality Group, LLC that will extend the relationship with Platinum Hospitality Group, LLC for - an additional three -year term from April 26, 2013 through April 25, 2016 and two additional three -year options upon mutual agreement. Motion by Lynch to receive, file and adopt Resolution 161 -13 approval of a Facility Management Agreement between the City of Dubuque, Iowa, and Platinum Hospitality Group, LLC. Seconded by Resnick. Motion carried 7 -0. Dubuque Regional Humane Society: sCor- respondence from Jane McCall, President and CEO of the Dubuque Regional Humane Society, ; advising the City that the DRHS is declining, the offer of city funds for a pet park at their new facility. Motion by Connors to receive and file correspondence. Jones spoke regarding the advocacy group FIDO's, (Friendly Intel- ligent Dog Owners) wishes to be included in further conver- sations regarding this issue. Seconded by Resnick. Motion car - ried 7 -0. Warehouse Trust, LLC Brownfield Redevel- opment Tax Credit Application: City Man - ager recommending approval of a grown- field • Redevekpment Tax Credit Application to the Iowa Economic' Development authority on behalf of Ware- house Trust,! LLC for rehabilitation of the Novelty Iron Works Building at 1079 Elm Street. Motion by Connors to receive, file and adopt Resolution 162 -13 approving a Brownfield Redevel- opment Tax Credit application to the Iowa Economic Development authority on behalf of Warehouse Trust, LLC. David Heiar, Economic Development Director, was present to answer Council questions. Sec- onded by Jones. Motion carried 7 -0. Pilot Intersection Painting Project at 18th and Washington Streets: City Manager recommending appro- val for a pilot street mural painting project at the intersection of 18th Street and Washington ' Street. Motion by Braig to receive, file and approve recommenda- tion. Megan Starr spoke regarding the annual maintenance of this project. A citizen spoke in favor of the project but not the location. Seconded by Connors. Motion car- ried 7 -0. Sustainable Dubuque Community : Grants: City Manager recom- mending funding of 12 applications to the new Sustainable ; Dubuque Community Grant Pro- gram. Motion by Braig to receive, file and approve recommen- dation. Seconded by Connors. Motion car- ried 7 -0. Port Of Dubuque Marina Fees, Budget And Logo: City Man- ager recommending approval of the 2013 marina fees, Fiscal Year 2013 ' and Fiscal Year 2014 marina revenue and - expen- diture budget. Motion by Connors to receive, file and approve re- commendation. Accept- ing debit cards and access to public restrooms were discus- sed by Council. Sec- onded by Braig. Motion carried 7 -0. City Council Salary Compensation: City Council Compensation Task Force submitting its recommendation for incoming Council Mem- ber salaries effective January 1, 2014. Motion by Connors to receive, file and approve recommendation. Sec - onded by Braig. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council person Connors attended the Main Street Awards event in Des Moines, Iowa. Council person Jones attended the Kiwanis Club meeting with the Sister City Advisory Committee and Dornbirn Austria's City Manager. PUBLIC INPUT Phil French of 385 East 13th St., spoke regarding current crime in downtown Dubuque and what is being done about it. Peter Swanson formerly of 8 Lindberg Terrace; discussed his 4th Amendment rights. Mr. Swanson was gaveled out by the Mayor and was escorted from the building. There being no further business, upon motion the City Council adjourned at 7:42 p.m. /s/Trish L. Gleason, CMC Assistant City Clerk It 5/29 x