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Proof of Publication_City Council Proceedings 7 15 13CITY OF DUBUQUE, IOWA C TY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Coupe I met in iregular session at 6:30 p.m. on July 15, 2013 in the His- toric'Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig Connors, Jones, Lynch, Resnick, Sutton; Assistant City Manager Goodmann, City Attor- ney L ndahl Mayor Buol read the call and stated this is a regular session! of the City Council called for the purpose of con - ' ducting such business that may properly come, before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wis- dom 'keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATIONS) Dubuque County Fair Week (July 23 -28, 2013) was accepted by Fair Queen Allison Green. Dubuque Colts Drum and Bugle Corps 50th Anniversary Year was accepted by Colts De- velopment Director Greg Orwoli. United Way Campaign, Time was accepted by United Way Co -Chair Gary Dolphin. PRESENTATIONS) Mayor Buol intro- City Award presenta- tion and documentary videos, which were then played. Mayor Pro -Ten Connors and Assistant City Manager Steinhauser comment- ed on the experience, which took place in Denver, Colorado. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7 -0. Minutes and Reports Submitted: Civil Sery ice Commission of 6/19; City Council pro- ceedings of 7/1, Li- brary Board of Trust- ees minutes of 5/23 and 'Report of 6/27; Park and Recreation Advisory Commission of 6/25; Safe Communi- ty Advisory Committee of 1/9, Zoning Advisory Commission of 7/2; Zoning Board of Ad- justment of 6/27; Proof of Publication for City Council Proceedings of 6/3 and 6/17; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 5/31. Upon mo- tion the documents were received and filed. Notice of Claims and the Federal Transit Ad- specifications, form of to approve the sale to that the ; requirement by Repealing sucn sec- with the City Council ! ministration was contract, and estimat- Weaver Castle LLC in that a proposed ordi- tions and Enacting New for Sustainable 1Dubu•' adopted.i ed cost; setting date of the event that no com- nance be considered Sections in Lieu There - que before the regular -' Iowa Economic Devel- public hearing on peting proposals are and voted on for pas- of Adopting the 2012 ly scheduled meeting opment Authority plans, specifications, submitted; (3) Solicit- sage at two Council International ! Building,` on Monday, August 19, Catfish Creek Water- form of contract, and ing competing propos- meetings prior to the Residential, Energy 2013 at 5:00 p.m. Mo shed Planning Amend- estimated cost; and or- als; and (4) Rescinding meeting at which it is Conservation, Fire, Me- tion by Lynch to re ment: Correspondence dering the advertise- Resolution Nos. 156 -13 to be passed be sus- chanical, Fuel Gas, and ceive and file the docu - from the Iowa Econom- ment for bids (9th and 201 -13 was adopt- ;pended. Seconded by Plumbing Codes. Sec- ments and set the work is Development Au- Street and 11th Street ed setting a public :.Connors. Planning Ser- onded by Connors. Mo- session as recom- thority advising the One- Way to Two -Way hearing for a meeting vices Laura Carstens tion carried 7-0. mended. Seconded by City that Community Conversion Project) to commence at 6:30 provided a staff report. Code of Ordinances Resnick. Motion car - Development Block was adopted setting a p.m. on August 19, 2013 Motion carried 7-0. Title 6 Amendment ried 7 -0. Grant (CDBG) Contract public hearing for a in the Historic Federal Motion by Jones for fi- 2012 International Fire Request to Schedule Number 08- DRIFWP- meeting to commence Building. nal consideration and Code: City Manager, Work Session - Wash - 203 - Amendment Num- at 6:30 p.m. on August Federal Emergency passage of Ordinance recommending adop- ngton Neighborhood ber 004 (Catfish Creek 5, 2013 in the Historic Management Agency No. 37-13 Amending Ti- tion of the 2012 Inter- Master Plan and Mar- Watershed Planning Federal Building. (FEMA) - Catfish Sta- tie 16 of the City of Du- national Fire Code pub -! ket Analysis: City Man - Extension) is amended Sale of City -Owned tion Electrical Repairs: buque Code of Ordi- fished by the Interna ager requesting a work as of July 1, 2013. Upon Property at 2234 Wash- City Manager recom- nances, Unified Devet- tional Code Council, session with the City motion the documents ington Street: City mending initiation of opment Code, by Inc. Motion by Connors Council regarding the were received and Manager recommend- the bidding process for reclassifying herein- to receive and file the Washington Ne ghbor- filed. ing setting a public the Water & Resource after described proper- documents and that hood Master Plan and Iowa Economic Devel- hearing for August 5, Recovery Center Cat- ty located at 1048 and the requirement that a Market Analysis before opment Authority - • 2013 to dispose of City- fish Station Electrical 1060 White Street from proposed ordinance be the regularly sched- Multi- Family New Pro- owned real property 10- Repairs FEMA Project, Planned Unit develop- considered and voted uled City Counci meet• duction Round 5: City cated at 2234 Washing- and further recom- ment district to C -4 on for passage at two ing on August 5, 2013 Managed recommend- ton Street to Abram mends that a public Downtown Commercial Council meetings prior from 5 00 p.m. to 6 :15 ing approval to negoti- and Leah Miller. Upon hearing be set for Au- District with Condi- to the meeting at p.m. Motion by Braig to ate and execute an motion the documents gust 19, 2013, to con- tions. Seconded by which it is to be passed receive and fi e the amendment to the ex- were received and filed sider approving the Connors. Motion car- be suspended. Sec - documents and set the isting funding agree- and Resolution No. 209- plans, specifications, ried 7 -0. onded by Braig. Motion work session as recom - ment with the Iowa 13 Resolution of Inten- form of contract and Request to Amend carried 7 -0. mended. Seconded by Economic Development tion to dispose of City- estimated cost for the Planned Unit Develop- Motion by Connors or Connors. Motion car - Authority related to the owned property, spe- Catfish Station Etectri- ment - Historic Mill- final consideration and r ed 7 -0 notice of receipt of the cifically, Lot 1 Bee cal Repairs FEMA. work District: Proof of passage of Ordinance COUNCIL MEMBER Multi- Family New Pro Branch Subdivision No. Upon motion the docu- pub ication on notice No.s 40-13 Amending REPORTS duction Community 10, in the City of Dubu- ments were received of public hearing to City of Dubuque Code Council Member Development Block que, County, of Dubu- and filed and Resolu- 'consider a request by of Ordinances Title 6 Jones reported on the Grant Award for the que, Iowa, according to tion No. 234 -13 Prelim'. the City of Dubuque to Health, Housing, Sant- success of the Music in Linseed Oil Paintworks the Recorded Plat nary approval of plans, amend the Historic tation and Environ Jackson Park event for Building at 901 Jackson thereof, 2234 Washing- specifications, form of Millwork District Plan- ment, Chapter 9 Fire which he and Council Street. i Upon motion ton Street, was adopt- contract, and estimat- ned Unit Development Prevention Regula- Member Resnick per - the documents were ed setting a public ed cost; setting date of District Conceptual tions, Section 6 -9 -3 formed. received and filed and hearing fora meeting public' hearing on Plan to allow off - street Blasting, Fireworks and Council Member Resolution No._205 -13 to' commence at 6 :30 plans,? specifications, parking needed for re- Open Burning; Perm'ts Resnick commented on Authorizing the accept- p.m. on August`5, 2013 form Of contract, and development projects and Fees, Section 6 -9 -4 the beautification of once of Community De- in 'the Historic Federal estimated cost; and or- and the Zoning Adviso- Service Stations, Sec the many private' velopment Block Grant Building. dering the advertise- ry Commission recom- lion 6-9-5 Bulk Storage' homes that he has not - Housing !Disaster Re Eagle Point Water ment for bids (Water & mending approval. Mo- Tank Licenses, and eel during recent walks covert' Funds from the Plant, Lot 339 Grant of Resource Recovery tion by Jones to receive Section 6 -9 -6 Smoke and bike rides and Iowa Economic Devel- Easement for Private Center Catfish Station and file the documents Detection; and Amend complimented the opment Authority on Utilities: City Manager Electrical Repairs and that the require ing Title 14 Building homeowners for their' behalf of the Wilmac recommending setting (FEMA) was adopted ment that a proposed and Development; efforts; PropertylCompany was a public hearing for Au- setting a public he ordinance be consid Chapter 1 Building c- Buol andCoun adopted, gust 5, 2013, for the ing for a meeting to eyed and voted on for des, Article E Fire Code cilMember Connors re- Convention and Visi- granting of an ease- commence at 6:30 p.m. passage at two Council and Regulations, Sec - membered former City tors Bureau Executive ment across a portion on August 19, 2013 in meetings prior to the tion 14-1E-1 Interna Engineer John White Board Report: Dubuque of the Eagle; Point Wa- the Historic 'Federal :meeting at which it is tional Fire Code Adopt - who recently died at Convention and Visi- ter Plant property to Building. to be passed be sus- ed, Section 14 -1E -2 In- the age of 91. tors Bureau Executive accommodate pro - BOARDS/ pended. Seconded by ternational Fire Code CLOSED SESSION Board submitting posed water and sewer COMMISSIONS Braig. Planning Serv- Amendments, and Sec- Motion by Jones at meeting minutes of service lines to Charles Applicants were invit- ices Laura Carstens tion 14 -1Et3 Interne- 8:03 p.m. to convene in June 26, 2013 as re R. and Colleen R. Sroka ed to address the City provided a staff report. tional Fire Code En- closed session to tlis- quiretl by their as for their property at Council regarding their Motion carried 7 0. forcement by updating cuss pending litigation chase S of Service 2561 Front Street. Upon desire to serve on the Motion by Connors for the International Fire and property acquisi- Agreement. Upon mo- motion the documents following Boards /com final consideration and Code from the 2009 tion pursuant to Chap - tion the documents were received and filed missions. passage of Ordinance version to the 2012 ver- ter 21.5(1)(c)(j) Code of were received and and Resolution No. 230- Building Code Board 'No. 38 -13 Amending Ti- sion and changing all Iowa. Seconded by filed. 13'1 Resolution of Intent of Appeals: One 3 year tie 16, the Unified De• references of "Chief of Resnick. Motion car Sustainable Dubuque to dispose of City inter- term through August 1, velopment Code of the the Fire Depart ment' ried 7.0, Monthly Project 'Status est by Grant of Ease- 2016 (Expiring term of City of Dubuque Code to "Fire Chief." Upon motion, the City! Report: City Manager inept for private utility Kolf}, Applicant: F. of Ordinances by Seconded wt' Bra g, Council reconvened to transmitting the `Sus- to €Charles'R. and Col- James Kolf, 114 Prince- amending Ordinance Motion carried 7 -0. open session at 8:25 tainable Dubuque leen R. Sroka for an un- ton PI 02-12 Which Establish Code of Ordinances p.m. stating that staff Monthly Project Status derlying portion of Lot Civic Center Commis- ed Regulations for a Title 10 Amendment had been given proper Report for June '?2013. 339 of Eagle Point (AKA sion: Two - ?3 year PUD Planned Unit `De Intoxicating Beverages direction. Upon motion the docu Ham's Addition) was terms one through 'velopment District with at the Port of Dubuque There being no fur ments were received adopted setting a pub- June 29, 2015 and one a Planned Commercial Marina: City Manager they business, upon and filed. Iic' hearing for a meet- through June 29, 2016 Designation for 'the recommending an ordi- motion the City Council Stormwater Utility ing to commence at (Vacant terms'of Kurt 'Historic Millwork Dis Hance amendment • adjourned at 8:26 p m. Revenue' Capital Loan 6:30 p,m. on August 5, and Fuller). Applicants: trict PUDiand now 'be adding the Port oto Du /s /kevin S. Firnstahl,' Notes (State Revolving 2013 in the Historic Tyler ; Daugherty, 418 'ing amended to al ow buque 'Marina to the CMC, City Clerk' Loan Fund): City Man- Federal Building. Emmett St.; and Ad r!- for the development of list of places that allow it 7/24 ager recommending Purina Drive Barge enne Scott , 471 Yz Lo- two new parking lots at the possession, eon revisions to the staff Docking Facility Repair cust St. Ms. Scott !the intersection of 11th sumption or'.use of al- memo from the June Project: City Manager spoke in support of her and Elm Streets. cohollc wine, beer or 17, 2013 public hearing recommending initia- appointment(s). Seconded by Braig. other Intoxicating bev= so that the City is fur- tion of the bidding Housing Commission 'Motion carried 7.0. ' erages. Motion by Con they considered for the process for the Purina Two - 3 year terms Dubuque Industrial Hors to receive and Ile Economic Development Drive Barge Docking through August 17, • Center South PCC Pav the documents and Administration Disas- Facility Repair Project, 2016 (Expiring terms of 'Ing and Utilities: Proof that the requirement ter grant for a portion and further recom- Root and Schwen- of publication on no- that a proposed ordi of day - lighting Bee mends that a public linger) Applicants: Ju lice of public hearing Hance be considered Branch Creek and its hearing be set for Au- die Root, 2312 Wash- 'to consider the appro and voted on for pas associated flood `plain gust 5, 2013. Upon mo- ington St.; and Dorothy vat of plans, specifies• sage at two Council portion of flood infra- tion the tlocuments Schwentlinger, 'i 3525 #ions, form of contract, meetings prior to the structure. Upon motion were received and filed Windsor. Mayor Buol and estimated cost for meeting at which it is the documents were and Resolution No. 231- stated that i Ms. the Dubuque Industrial to be passed be sus received, filed and ap- 13 Preliminary appro Schwentlinger had sub• Center South PCC Pau pended. Seconded by proved.- val of plans, specifica- mitted correspondence ng and Utilities 2013 Braig. Motion carried Citizen Petition -2555 tions, form of contract, to the City Council in Project and the City 7.0 Kerper r Blvd. Weed and estimated cost; support of her appoint- Manager recommend- Motion by Connors for Maintenance: Citizen setting date of public ment.` ng approval. Motion final consideration and petition submitted by hearing on plans, spec- Human Rights Com- 'by Lynch to receive passage of Ordinance Wanda Madden on be- ifications, form of con- mission: One 3 year 'and file the documents No 41 -13 Amending' half of property owners tract, and estimated term through January and adopt Resolution City of Dubuque Code adjacent to the former cost; and ordering the 1, 2016 (Vacant term of No. 235 -13 Approval of of Ordinances Title 10 Thermoljne building at advertisement for bids Root). Applicants: Tom plans, specifications, Public Ways and Prop -' 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: July 24, 2013, and for which the charge is $380.95. Subscribed to this before me Notary Public in and for Dubuque County, Iowa, 20/ . Notary Public in and for Dubuque County, Iowa. MANY 1<, WES T RME ; F R Jmrnloilan Number 15085 Minutes and Reports Submitted: Civil Serv- ice Commission of 6/19; City Council pro- ceedings of 7/1, Li- brary Board of Trust- ees minutes of 5/23 and Report of 6/27; Park and Recreation Advisory Commission of 6/25; Safe Communi- ty Advisory Committee of 1/9, Zoning Advisory Commission of 7/2; Zoning Board of Ad- justment of 6/27; Proof of Publication for City Council Proceedings of 6/3 and 6/17; Proof of Publication for List of Claims and Summary of Revenues for Month Ended 5/31. Upon mo- tion the documents were received and filed. Notice of Claims and Suits: Nicole Klausman for, property damage; Elizabeth Tabor for ve- hicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been re- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assur- ance Pool: Stephen Collins for personal in- jury; Nicole Klausman for property damage; and Elizabeth Tabor for vehicle damage. Upon motion the documents were received, filed and concurred. College and University Partnerships Con- tracts: City Manager recommending appro- val of contracts for College /University Transit Partnership with Clarke University, Loras College and Uni- versity of Dubuque for the 2013 -2014 school year. Upon motion the documents were re- ceived, filed and ap- proved. Dubuque County Re- tired and Senior Volun- teer Program Update: City Manager transmit- ting the monthly Dubu- que County Retired and Senior Volunteer Pro- gram report. Upon mo- tion the documents were received and filed. Fiscal Year 2014 Worker's Compensa- tion Excess Insurance Renewal: City Manager recommending appro- val of the Fiscal Year 2014 Workers' Com- pensation Excess In- surance Renewal Rate as submitted by Safety National effective July 1, 2013 through June 30, 2014. Upon motion the documents were received, filed and ap- proved. Eide Bailly Audit Plan- ning Communication: Eide Bailly Business Advisors submitting Planning Communica- tion letter related to the Fiscal Year Ended June 30, 2013 audit. Upon motion the docu- ments were received and filed. Federal Transit Ad- ministration (FTA) - Opinion of Counsel: City Attorney submit- ting an Opinion of Counsel setting out the authority of the City to apply for Federal Transit Administration (FTA) funding for transit projects and recommending adop- tion of a resolution au- thorizing the City of Dubuque to apply for FTA funding. Upon mo- tion the documents were received and filed and Resolution No. 204 13 Authorizing the fil- ing of applications with the Federal Transit Ad- ministration, an Oper- ating Administration of the United States De- partment of Transpor- tation, for Federal Transportation Assis- tance authorized by 49 U.S.0 Chapter 53, Title 23, United States Code and other Federal Stat- ues Administered by Notes (State Revolving Loan Fund): City Man- ager recommending revisions to the staff memo from the June 17, 2013 public hearing so that the City is fur- ther considered for the Economic Development Administration Disas- ter grant for a portion of day - lighting Bee Branch Creek and its associated flood plain portion of green infra- structure. Upon motion the documents were received, filed and ap- proved. Citizen Petition - 2555 Kerper Blvd. Weed Maintenance: Citizen petition submitted by Wanda Madden on be- half of property owners adjacent to the former Thermoline building at 2555 Kerper Blvd. re- garding overgrown weeds and grass be- hind the building. Upon motion the documents were received, filed and referred to the City Manager. Dubuque Jaycees - Radio Dubuque 2014 Fireworks Request: Correspondence from Thomas Parsely, Gen- eral Manager of Radio Dubuque and on behalf of the Dubuque Jay - cees, requesting per- mission to conduct a fireworks display on Thursday, July 3, 2014 from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets with a rain date of July 4, 2014. Upon motion the documents were re- ceived, filed and ap- proved. Project Pass - Non - Profit Partnership: City Manager recommend- ing approval of "Proj- ect Pass," a partner- ship with Project Con- cern and the Communi- ty Foundation of Great- er Dubuque. Upon mo- tion the documents were received, filed and approved. Signed Contracts: Strand Associates Change Order #20 with Miron Construction, Inc., for the Water & Resource Recovery Center Renovation Pro- ject.; Upon motion the documents were re- ceived and filed. Alcohol and Tobacco License Applications: City Manager recom- mending approval of annual liquor, beer, wine and tobacco li- censes as submitted. Upon motion the docu- ments were received and filed and Resolu- tion No. 206 -13 Approv- ing applications for beer, liquor, and /or wine permits, as re- quired by City of Dubu- que Code of Ordinan- ces Title 4 Business and License Regula- tions, Chapter 2 Liquor Control, Article B Liq- uor, Beer and Wine Li- censes and Permits; and Resolution No. 207- 13 Approving applica- tions for retail ciga- rette /tobacco sales permits, as required by Iowa Code 453A.47A were 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 indi- cated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Resnick. Motion car- ried 7 -0. Ninth Street to Elev- enth Street One -Way to Two -Way Conver- sion: City Manager rec- ommending initiation of the bidding process for the 9th Street and llth Street One -Way to Two -Way Conversion Project, and further recommends that a public hearing be set for August 5, 2013. Upon motion the docu- ments - were received and filed and Resolu- tion No. 208 -13 Prelimi- nary approval of plans, 2013 in the Historic Federal Building. Purina Drive Barge Docking Facility Repair Project: City Manager recommending initia- tion of the bidding process for the Purina Drive Barge Docking Facility Repair Project, and further recom- mends that a public hearing be set for Au- gust 5, 2013. Upon mo- tion the documents were received and filed and Resolution No. 231- 13 Preliminary appro- val of plans, specifica- tions, form of contract, and estimated cost; setting date of public hearing on plans, spec- ifications, form of con- tract, and estimated cost; and ordering the advertisement for bids (Purina Drive Barge Docking Facility Repair Project) was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on August 5, 2013 in the Historic Federal Building. Iowa and Locust Street Parking Ramps Repair Project: City Manager recommend- ing initiation of the bid- ding process for the Io- wa and Locust Street Parking Ramps Repair Project, and recom- mends the City Council give preliminary appro- val to the construction plans and specifica- tions and approve the resolution. It is further recommended that a public hearing be set for August 5, 2013. Upon motion the docu- ments were received and filed and Resolu- tion No. 232 -13 Prelimi- nary 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 or- dering the advertise- ment for bids (Iowa and Locust Parking Ramps Repair Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 5, 2013 in the Historic Federal Building. Elm Street Recon- struction Project 9th to 12th Streets: City Man- ager recommending in- itiation of the bidding process for the Elm Street Reconstruction Project (9th to 12th Streets), and further recommends that a public hearing be set for August 5, 2013. Upon motion the docu- ments were received and filed and Resolu- tion No. 233 -13 Setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 5, 2013 in the Historic Federal Building. Weaver Castle, LLC Development Agree- ment for 346 -348 W. Locust Street: City Manager recommend- ing set a public hearing for August 19, 2013, on a Development Agree- ment with Weaver Cas- tle, LLC to redevelop the property located at 346 -348 West Locust Street. Upon motion the documents were received and filed and Resolution No. 203 -13 (1) Approving the mini- mum requirements, competitive criteria, and offering proce- dures for the develop- ment and the sale of certain real property and ,.improvements in the Greater Downtown Urban Renewal Dis- trict; (2) determining that the Offer to Pur- chase submitted by Weaver Castle LLC sat- isfies the offering re- quirements with re- spect to the real prop- erty and improvements and declaring the in- tent of the City Council Tyler Daugherty, 418 Emmett St.; and Adri- enne Scott, 471 Yz Lo- cust St. Ms. Scott spoke in support of her appointment(s). Housing Commission: Two - 3 year terms through August 17, 2016 (Expiring terms of Root and Schwen- dinger) Applicants: Ju- die Root, 2312 Wash- ington St.; and Dorothy Schwendinger, 3525 Windsor. Mayor Buol stated that Ms. Schwendinger had sub- mitted correspondence to the City Council in support of her appoint- ment. Human Rights Com- mission: One - 3 year term through January 1, 2016 (Vacant term of Root). Applicants: Tom LoGuidice, 786 Stone Ridge Place; and Adri- enne Scott, 471 1/2 Lo- cust St. Safe Community Advi- sory Committee: One - 1 year term through December 31, 2013 (Va- cant term of Callahan). Applicant: Adrienne Scott, 471 '/z Locust St. Appointments to the following board /com- mission: Investment Oversight Advisory Commission: One - 3 year term through July 1, 2016 (expiring term of Ruden). Applicant: Gary Ruden, 325 W. lst Street. Motion by Lynch to appoint Gary Ruden to one 3 -year . term through July 1, 2016. Seconded by, Jones. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. Request to Rezone - 380 Cedar Cross Road: Proof of publication on notice of public hear- ing to consider a re- quest by Royal Oaks Development to rezone an 11 -acre parcel lo- cated at 380 Cedar Cross Road from AG Agricultural to C -3 Gen- eral Commercial Dis- trict and the Zoning Advisory Commission recommending appro- val. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Sec- onded by Connors. De- veloper for Royal Oaks, A.J. Spiegel, spoke in favor of the request. Planning Services Man- ager Laura Carstens and Zoning Advisory Commission Chairper- son Charlie Miller pro- vided a staff report and responded to questions regarding the volunta- ry planting of trees and when conditions apply to zoning requests. Motion carried 7 -0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 36 -13 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by re- classifying hereinafter described property lo- cated at 380 Cedar Cross Road from AG Agricultural to C -3 Gen- eral Commercial Dis- trict. Seconded by Con- nors. Motion carried 7 -0. Request to Rezone - 1048 and 1060 White Street: Proof of publi- cation on notice of public hearing to con- sider a request by Min- er Properties to rezone property located at 1048 -1060 White Street from Historic Millwork District Planned Unit Development to C -4 Downtown Commercial Zoning District and the Zoning Advisory Com- mission recommending approval. Motion by Jones to receive and file the documents and ing amended to allow for the development of two new parking lots at the intersection of llth and Elm Streets. Seconded by Braig. Motion carried 7 -0. Dubuque Industrial Center South PCC Pav- ing and Utilities: Proof of publication on no- tice of public hearing to consider the appro- val of plans, specifica- tions, form of contract, and estimated cost for the Dubuque Industrial Center South PCC Pav- ing and Utilities 2013 Project and the City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 235 -13 Approval of plans, specifications, form of contract, and estimated cost for the Dubuque Industrial Center South PCC Pav- ing and Utilities - 2013 Project. Seconded by Braig. Motion carried 7 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Code of Ordinances Title 14 - 2012 Interna- tional Building Codes: City Manager recom- mending adoption of the 2012 International Building, Residential, Plumbing, Mechanical, Fuel Gas and Energy Conservation Codes published by the Inter - national Code Council, Inc. 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 meeting at which it is to be passed be suspended. Sec- onded by Jones. Build- ing Services Manager Rich = Russell and Fire Chief Dan Brown re- sponded to questions. Chief Brown stated that the Fire - Depart- ment is conducting a two -part information session to educate contractors on the specifications for resi- dential sprinklers in conjunction with a fire demonstration module. Motion carried 7 -0. Motion by Lynch for final consideration and passage of Ordinance No. 39 -13. Amending City of Dubuque Code of Ordinances Title 14 Building and Develop- ment, Chapter 1 Build- ing Codes, Article A Building Code and Reg- ulations, Sections 14- 1A-1 International Building Code Adopted and 14 -1A -2 Interna- tional Building Code Amendments; Article B Residential Code, Sec- tions 14 -1B -1 Interna- tional Residential Code Adopted and 14 -1B -2 International Residen- tial Code Amendments; Article C Energy Con- servation Code, Sec- tions 14 -1C -1 Interna- tional Energy Conser- vation Code Adopted and 14 -1C -2 Interna- tional Energy Conser- vation Code Amend- ments; Article F Me- chanical Code, Sec- tions 14 -1F -1 Interna- tional Mechanical Code Adopted, 14 -1F -2 Inter- national Mechanical Code Amendments, and 14-1F-3 Fees; Arti- cle G Fuel Gas Code, Sections 14 -1G -1 Fuel Gas Code Adopted and 14 -1G -2 Fuel Gas Code Amendments; and Arti- cle H Plumbing Code, Sections 14 -1H -1 Inter- national Plumbing Code Adopted, 14 -1H -2 International Plumbing Code Amendments, 14- 1H-3 Licensure and Certification, 14 -11-1-4 Backflow Prevention Requirements for New Residential Construc- tion, 14 -1H -5 Backflow Prevention Require - ments for Existing Wa- ter Services, and 14- 1H-6 Inspection Fees buque Marina to the list of places that allow the possession, con- sumption or use of al- coholic wine, beer or other intoxicating bev- erages. Motion by Con- nors to receive and file the documents and that the requirement that a proposed ordi- nance be considered and voted on for pas- sage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 41 -13 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Prop- erty, Chapter 5 Parks and Recreation, Article B Use Regulations, Sec- tion 10 -513-2 Intoxicat- ing Beverages by add- ing the Port of Dubu- que Marina as an ex- emption. Seconded by Braig. Motion carried 7 -0. Brownfields Petrole- um and Hazardous Substances Assess- ment Grant: City Man- ager recommending approval of a resolu- tion authorizing the ex- ecution of the Cooper- ative Agreement Appli- cation and associated contract documents pertaining to the Brownfields Petroleum and Hazardous Sub - stances Assessment Grants Program in or- der to receive funds from the U.S. Environ- mental Protection Agency. Motion by Jones to receive and file the documents and adopt Resolution No. 236 -13 Authorizing the filing of a Cooperative Agreement Application with the U.S. Environ- mental Protection Agency for the receipt of Brownfields Petrole- um and Hazardous Substances Assess- ment Grants. Seconded by Connors. Motion carried 7-0. Request to Schedule Work Session - Sus- tainable Dubuque: City Manager requesting a quarterly work session CMC, City Clerk t 7/24