Loading...
Proof of Publication_City Council Proceeding 5 19 14STATE 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 28, 2014, and for which the charge is $340.91. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, , 20 / . this day of Notary Public in and for Dubuque County, Iowa. 9ARYK, WESTERMEYER Commission Number 154885 My Comm, Exp, FEB, 1, 2017 Legal Notices CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:15 p.m. on May 19, 2014 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of con- ducting a work session on payday lenders. WORK SESSION Payday Lenders Planning Services Manager ' Laura Car- stens, Assistant Plan- ner Kyle Kritz and As- sociate Planner Guy Hemenway provided a slide presentation on payday lender institu- tions and related zon- ing issues. Topics in- cluded: • Definition of payday loans and lenders • Number and location of payday lender busi- nesses in Dubuque • Comparisons to oth- er Iowa cities • Various zoning sepa- ration buffers and re- striction options • Separation from/re- lationship to residen- tial areas • Relationships to Community Develop- ment Block Grant (CDBG) target areas • Impact of zoning regulations • Recommendation City Council had dis- cussion with staff fol- lowing the presenta- tion regarding public financial education programs, business proliferation, state leg- islation, and zoning op- tions. The City Council reached consensus on referring the matter to the Zoning Advisory Commission for draft- ing letters to state leg- islators to place on a future City Council agenda. There being no fur- ther business, upon motion the City Council adjourned at 5:53 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk it 5/28 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on May 19, 2014 in the His- toric 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 con- ducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE INTRODUCTIONS International City/ County Managers As- sociation (ICMA) Fel- lowship Exchange members, Dulce Gu- terres Junior and Ange= la Tavares DeJesus from the country of Timor Leste introduced themselves and descri- bed what they are learning from Dubuque to help their country decentralize its gov- ernment. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Council Member Con- nors requested item #9 North End Neighbor- hood Association Peti- tion be held for sepa- rate discussion. Motion carried 7-0. 1. Minutes and Re- ports Submitted: Cable TV Commission of 4/2, City Council proceed- ings of 5/5, Five Flags Civic Center Advisory Commission of 4/28, Human Rights Commis- sion of 4/14, Library Board of Trustees of 2/27, Zoning Advisory Commission of 5/7, Proof of Publication for City Council proceed- ings of 4/21, Proof of Publication for List of Claims and Summary of Revenues for Month Ended 3/31. Upon mo- tion the documents were received and filed. 2. Humanities Iowa Grant - Sister City Commission: City Clerk Kevin Firnstahl recom- mending approval' of the submission of a Hu - manities Iowa mini grant application in the amount of $3,000 for the Handan, China, Sis- ter City photo display. Upon motion the docu- ments were received, filed and approved. 3. Community Devel- opment Block Grant (CDBG) Request to Re- lease Funds: City Man- ager recommending approval of the Re- quest for Release of Funds for the proposed projects approved in the Fiscal Year 2015 (Program Year 2014) Annual Action Plan for Community Develop- ment Block Grant ac- tivities. Upon motion the documents were received and filed and Resolution No. 146-14 Authorizing request for release of Community Development Block Grant funds for Fiscal Year 2015 (Program Year 2014) was adopt- ed. 4. Iowa Department of Transportation: Corre- spondence from the Io- wa Department of Transportation advis- ing the City that it pro- poses to let a bridge rehabilitation project on US 52 at Grandview Avenue on October 21, 2014. Upon motion the documents were re- ceived and filed. 5. Workers' Compen- sation Settlement - Weidenbacher Claim: City Attorney recom- mending approval of an Agreement for Set- tlement regarding a workers' compensation claim that was filed against the City of Du- buque by Mark Weidenbacher. Upon motion the documents were received, filed and approved. 6. Workers' Compen- sation Settlement - Hillard Claim: City At- torney recommending approval of an Agree- ment for Settlement re- garding a workers' compensation claim that was filed against the City of Dubuque by Richard Hillard. Upon motion the documents were received, filed and approved. 7. Key City Investment Co. - Acceptance of Utility Easement: City Manager acceptance of a utility easement from Key City Invest- ment Co. for the con- struction of under- ground electric, fiber optic cable, traffic sig- nals and other appur- tenant improvements associated with the JFK & Wacker Driver Inter- section Improvements Traffic Signalization project. Upon motion the documents were received and filed and Resolution No. 147-14 Accepting the grant of a utility easement through, over and across a part of Lot 2- 11 Yiannias Place, in the City of Dubuque, Dubuque County, Iowa, was adopted. 8. Development Serv- ices Activity - Revised Fiscal Year 2015 Fee Schedule: City Manag- er recommending ap- proval of a revised Fis- 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 was 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 Con- nors. Motion carried 7-0. 1. Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project Fiscal Year 2015: City Manager recommend- ing initiation of the bid- ding process for the Fiscal Year 2015 Sani- tary Sewer Cured -in - Place Pipe (CIPP) Lin- ing Project, and further recommends that a public hearing be set for June 2, 2014. Upon motion the documents were received and filed and Resolution No. 150- 14 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 2, 2014 in the Historic Federal Building. 2. Jule Transit Facility Roof and Sprinkler Re- pair Project: City Man- ager recommending in- itiation of the bidding process for the Jule Transit Facility Roof & Sprinkler Repair Proj- ect, and further recom- mends that a public hearing be set for June 2, 2014. Upon motion the documents were received and filed and Resolution No. 151-14 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; and ordering the ad- vertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 2, 2014 in the Historic Federal Building. 3. Residential Parking Permit District "D" Amendment: City Man- ager recommending that a public hearing be set for June 2, 2014, on an amendment to Residential Parking Permit District "D" by adding Alicia Street from Pennsylvania Avenue to Andrea Street, both sides, and Marjorie Circle from Amy Court to Andrea Street, both sides. It is further recommended that the portion of the petition not meeting the 80% criteria be ex- cluded from Residen- tial Parking Permit Dis- trict "D." Upon motion the documents were received and filed and Resolution No. 152-14 Setting a public hear- ing on amending Resi- BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Com- missions. 1. Civil Service Com- mission: One 4 -year term through April 6, 2018 (Vacant term of Schilling); Applicant: Mary Lynn Neuhaus, 1595 Montrose Terrace. Ms. Neuhaus spoke in support of her appoint- ment. 2. Long Range Plan- ning Advisory Commis- sion: One 3 -year term through July 1, 2017 (vacant term of Van Iten); Applicant: Josh- ua Clements, 561 Jef- ferson St. Mr. Clements spoke in support of his appointment. " Appointment was made to the following Board/Commission: 3. Electrical Code Board: Three 3 -year terms through May 21, 2017 (Expired terms of Dixon, Hammel, and Wilson); Applicants: James Dixon, 2505 Mar- quette PI.; Dan Ham- mel, 2922 Fox Hollow Dr.; and David Wilson, 2918 Washington St. Motion by Braig to ap- point Mr. Dixon, Mr. Hammel and Mr. Wil- son to 3 -year terms through May 21, 2017. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone - 1100 Carmel Drive: Proof of publication on notice of public hear- ing to consider a re- quest by Sisters of Charity BVM / The La- kota Group to rezone property at 1100 Car- mel Drive from R-1, Single -Family Residen- tial, to PUD, Planned Unit Development and the Zoning Advisory Commission recom- mending denial. Corre- spondence from the applicant requesting the public hearing be rescheduled to June 16, 2014. Motion by Con- nors to receive and file the documents and re- schedule the public hearing to June 16, 2014. Seconded by Braig. Motion carried 7-0. Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil on the following items. 2. Request to Rezone - 3674 Crescent Ridge: Proof of publication on notice of public hear- ing to consider a re- quest by Dr. Mary Lynn Neumeister to rezone the property at 3674 Crescent Ridge from R- 1, Single -Family Resi- dential, to C-3, General Commercial Zoning District and the Zoning Advisory Commission recommending denial. Restated motion by Connors 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 Jones. Mary Lynn der Drew Cook and Sons Excavating Co., Inc. Motion by Braig to receive and file the documents and adopt Resolution No. 157-14 Awarding public im- provement contract for the SRF Green Alley Bid Set 4 Project. Sec- onded by Jones. Motion carried 7-0. 2. Sisters of St. Fran- cis - Request to Donate Peace Pole: Parks and Recreation Commis- sion recommend ng approval to accept a peace pole gift from the Sisters of St. Fran- cis of the Holy Family and place the pole in Washington Park. Mo- tion by Braig to receive and file the documents and approve the rec- ommendation. Second- ed by Connors. City Manager Van Milligen stated that the specific location within Wash- ington Park would be decided by Leisure Services Manager Mar- ie Ware. Motion carried 7-0. 3. Environmental Stewardship Advisory Commission: Corre- spondence from the Environmental Stew- ardship Advisory Com- mission recommending that the City Council include sustainability and environmental stewardship options in its promotion of Tax In- crement Finance (TIF). Motion by Connors to receive, and file the documents and refer to the City Manager. Seconded by Resnick. City Manager Van Milligen stated that the item would be brought back to the City Coun- cil to include approval of specific wording. Motion carried 7-0. 4. Bond Purchase Agreement - Sales Tax Increment Revenue Bonds (Unlimited Prop- erty Tax Supported), Second Lien Series 2014A: City Manager recommending appro- val of the Bond Pur- chase Agreement and the Master Resolution in connection with the issuance of Sales Tax Increment Revenue Bonds (Unlimited Prop- erty Tax Supported), Second Lien Series 2014A. Motion by Jones to receive and file the documents and adopt Resolution No. 158-14 Approving the form and authorizing execu- tion of a Bond Pur- chase Agreement in connection with the is- suance of Sales Tax In- crement Revenue Bonds (Unlimited Prop- erty Tax Supported), Second Lien Series 2014; and Resolution No. 159-14 Master reso- lution relating to the is- suance of Sales Tax In- crement Revenue Bonds by the City of Dubuque under the provisions of Chapter 418 of the Code of Io- wa, authorizing and providing for the issu- ance and securing the payment of Sales Tax ncrement Revenue Bonds (Unlimited Prop- erty Tax Supported), Second Lien Series 2014, and providing for a method of payment thereof, and related INPUT Council Member Con- nors reported on the recent delegation visit from the Sister City of Dornbirn, Austria, dur- ing which the official Sister City proclama- tion was reaffirmed be- tween Mayor Buol and Mayor Andrea Kauf- mann of Dornbirn. Ms. Connors added that the experience was en- couraging and that the delegation found many ideas to share with Dornbirn. Council Member Jones reported on a re- cent Telegraph Herald Letter to the Editor that described a disparity between the costs of traffic violations and those of more serious crimes that end with suspended fines and sentences. He agreed with the injustice and believes the disparity should be addressed. PUBLIC INPUT Art Gilloon, 535 Herit- age Drive, requested that the City Council change the process for reviewing ordinances to allow for public in- put believing that the current process sends the wrong message to citizens. Jacob Long, 4604 Car- dinal Drive, concurred with Mr. Gilloon, and requested that the City Council move the Pub- lic Input section to the beginning of the agen- da. Alex Wehrspann, 1388 Thomas Place, asked the City Council to ad- dress backyard burn- ing as a public health issue and to more strictly regulate when, where, and what can be burned. Joan Wehrspann, 1388 Thomas Place, ad- dressed the City Coun- cil regarding her heath issues that she attrib- utes to backyard burn- ing stating that it is not in keeping with the City's sustainability principles. Ms. Wehr- spann also expressed frustration with the City following her re- quests for enforcement of illegal burning. Jack Mescher, 1235 Mt. Loretta Drive, ad- dressed the Council re- garding what he be- lieves are limited methods of communi- cating with the City Council and requested that the process for public input be changed. Jonathon McCoy, 263 Main Street, addressed the City Council about his concerns on behalf of the Old Main Associ- ation and as a Main Street property owner that the lower Main Street area is seeing resurgence in rough public behavior specifi- cally during the late- night hours. Allen Troupe, 2203 Key Way, requested that the City Council change its procedure regarding the ability to address the Council on ordinances and cited the City of Waterloo's procedure as an exam- ple. Mark Lansing, 3761 Hillcrest Road, ex- pressed his opinion er recommending ap- proval of a revised Fis- cal Year 2015 fee schedule for the Devel- opment Services Activ- ity in the Planning Services Department. It is further recommend- ed the City Council ap- prove a resolution rescinding the previous fees and adopting a new fee schedule. Upon motion the docu- ments were received and filed and Resolu- tion No. 148-14 Rescinding Resolution No. 70-14, Establishing a Schedule of Develop- ment Services Fees, and adopting In lieu thereof a new Sched- ule of Development Services Fees as pro- vided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code was adopted. 9. North End Neigh- borhood Association Petition: Correspond- ence from the North End Neighborhood As- sociation petitioning the City of Dubuque to collaborate on a street lighting project in the 2500 block of Jackson Street. Motion by Con- nors to receive and file the documents and re- fer to the City Manag- er. Seconded by Lynch. Connors stated that this has been an issue for the neighborhood for some time. Motion carried 7-0. 10. PEG Capital Ex- penditure Request: City Manager recom- mending approval of the Cable TV Commis- sion recommendation for funding from the Public, Educational, and Government (PEG). Capital Grant for Ac- cess Equipment and Facilities to provide new field production gear for Loras College, Upon motion the docu- ments were received, fled and approved. 11. Crescent Com- munity Health Center Letters of Support: City Manager recommend- ing approval to sign letters of support for Crescent Community Health Center and Fed- erally Qualified Health Centers funding. Upon motion the documents were received, filed and approved. 12. Improvement Con- tracts and Mainte- nance Bonds: Drew Cook & Sons Exca- vating Co, Inc., for SRF Green Alley Project Bid Sets 2 and 3; River City Paving (aka Mathy Construction) for the White Street (11th -21st Street) HMA Resur- facing with Milling Project. Upon motion the documents were received, filed and ap- proved. 13. Alcohol License Applications: City Man- ager recommend ng approval of annual liq- uor, beer, and wine li- censes as submitted. Upon motion the docu- ments were received and filed and Resolu- tion No. 149-14 Approv- ing applications for beer, liquor, and/or wine permits, as re- quired by City of Dubu- Setting a public hear- ing on amending Resi- dential Parking Permit District D to include Alicia Street and Mar- jorie Circle was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on June 2, 2014 in the Historic Federal Building. 4. Greater Downtown Urban Renewal District Amendment: City Man- ager recommending approval of a Resolu- tion of Necessity that finds that an amend- ment of the Amended and Restated Urban Renewal Plan for the Greater Downtown Ur- ban Renewal District is both necessary and ap- propriate and sets a public hearing on the proposed amendment for June 16, 2014. Upon motion the documents were received and filed and Resolution No. 153- 14 Resolution of Neces- sity finding that certain areas adjacent to the Greater Downtown Ur- ban Renewal District meet the definition of a Blighted Area under the Urban Renewal Law, and that develop- ment of said areas is necessary in the inter- est of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consul- tation on a proposed amendment to the Amended and Restated Urban Renewal Plan for said District was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on June 16, 2014 in the Historic Federal Building. 5. Technology Park Urban Renewal District Amendment: City Man- ager recommending approval of a Resolu- tion of Necessity that: 1) finds that an Amend- ed and Restated Urban Renewal Plan for the Dubuque Technology Park Economic Devel- opment District is both necessary and appro- priate; 2) enters into a Joint Agreement with the County for said amendment; and 3) sets a public hearing on the proposed amendment for June 16, 2014. Upon motion the documents were received and filed and Resolution No. 154-14 Resolution of Necessity finding that certain areas adjacent to the established Dubuque Technology Park ,Eco- nomic Development District meet the defi- nition of an Economic Development Area un- der the Urban Renewal Law, that development of said Area is neces- sary in the interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consulta- tion on a proposed amendment to the Amended And Restated Urban Renewal Plan for said District was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on June 16, 2014 in the Historic Federal Building. pended. Seconded by Jones. Mary Lynn Neumeister spoke in support of the request. Planning Services Man- ager Laura Carstens provided a staff report. Zoning Advisory Com- mission Chairperson Patrick Norton and As- sistant Planner Kyle Kritz responded to questions from the City Council and explained how the current mem- bership makeup of the commission precipitat- ed a 3-1 vote thereby requiring an automatic denial by the Commis- sion. Mr. Kritz added that no communication was received from the Iowa Department of Transportation related to the request. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 34-14 Amending Ti- tle 16 of The City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by reclassifying herein- after described proper- ty located at 3674 Cres- cent Ridge from R-1 Single -Family Residen- tial District to C-3 Gen- eral Commercial Dis- trict. Seconded by Lynch. Motion carried 7-0. 3. Water Treatment Plant North Softening Basins Rehabilitation Protect: Proof of publi- cation on notice of public hearing to con- sider approval of the specifications, form of contract and the esti- mated cost for the Wa- ter Treatment Plant North Softening Basins Rehabilitation Project and the City Manager recommending appro- val. Motion by Jones to receive and file the documents and adopt Resolution No. 155-14 Approval of specifica- tions, form of contract, and estimated cost for the Water Treatment Plant North Softening Basins Rehabilitation Project. Seconded by Braig. Motion carried 7-0. 4. E. B. Lyons Interpre- tive Area Expansion Project: Proof of publi- cation on notice of public hearing to con- sider approval of plans, specifications, form of contract, and estimat- ed cost of the E. B. Lyons Interpretive Area Expansion Project and the City Manager rec- ommending approval. Motion by Braig to re- ceive and file the docu- ments and adopt Reso- lution No. 156-14 Ap- proval of plans, specifi- cations, form of con- tract, and estimated cost for the E. B. Lyons Interpretive Area Ex- pansion Project. Sec- onded by Connors. Mo- tion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 1. SRF Green Alley Project Bid Set 4 - Proj- ect Award: City Man- ager recommending award of the SRF Green Alley Project Bid Set 4 contract to the low bid - a method of payment thereof, and related matters. Seconded by Connors. Finance Di- rector Ken TeKippe, Tim Oswald of Piper Jaffray, and Tom Gavin of R.W. Baird present- ed background infor- mation and the results of the bond issuance. Motion carried 7-0. 5. Code of Ordinances Amendment - Title 10 Special Events and Waiver Policy (Tabled from April 7, 2014): City Manager recommend- ing adoption of a re- vised Special Events Permit Ordinance and Waiver Policy. Corre- spondence . from Art Gilloon to address the City Council. Motion by Jones to remove from the table. Seconded by Braig. Motion carried 7-0. Motion by Jones to re- ceive and file the docu- ments and that the re- quirement 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. Second- ed by Braig. Assistant City Attorney Crenna Brumwell provided a slide presentation stat- ing that the primary modification to the proposed ordinance from the last version was to define specific language related to as- semblies where no per- mit, fees, insurance or indemnification is re- quired and notification to the City Manager is encouraged. Ms. Brum- well further stated that language was added regarding interfering with a lawful assem- blies and defining spe- cial events. The exist- ing language regarding events on private prop- erty was corrected to only regulate events on private property in a couple of scenarios, a new Chapter 8 related to valet parking was created, and the exist- ing unlawful assembly provision was moved to Title 7. Mr. Gilloon, after addressing the Council from the gal- lery, was informed that there would be no pub- lic input at this time. Motion carried 6-1 with Lynch voting nay. Motion by Jones for fi- nal consideration and passage of Ordinance No. 35-14 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Prop- erty by repealing Chap- ter 4 Parades and As- semblies and Enacting a new Chapter 4 Pa- rades, Assemblies and Special Events in lieu thereof; adopting a New Chapter 8 Valet Drop Off Parking; Per- mit Requirements; and Amending Title 7 Po- lice, Fire and Public Safety, Chapter 5 Of- fenses, Article A Gen- eral Offenses by adopt- ing a new Section 7-5A- 18 Unlawful Assembly. Seconded by Connors. Motion carried 6-1 with Lynch voting nay. COUNCIL MEMBER REPORTS PUBLIC Hillcrest Road, ex- pressed his opinion that citizens just need to feel that the Council 's listening to them. Jeff Lenhart, 1270 Lo- cust Street, stated that he felt lucky to be liv- ing in Dubuque and said that joining a City commission is the best thing he's done. CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:09 p.m. to dis- cuss property acquisi- tion pursuant to Chap- ter 21.5(1)(c), -(j) Code of Iowa. Seconded by Connors. Motion car- ried 7-0. Upon motion at 8:36 p.m., the City Council reconvened in open session stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 8:37 p.m. /s/Kevin 5. Firnstahl, CMC, City Clerk It 5/28 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 28, 2014, and for which the charge is $340.91. Subscribed to before me, Notary�Public in and for Dubuque County, Iowa, this „leaf day of, I , 20 /y i Notary Public in and for Dubuque County, Iowa. MARYK, WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2017 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:15 p.m. on May 19, 2014 in the His- toric Federal Building, 350 W. 6th Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of con- ducting a work session on payday lenders. WORK SESSION Payday Lenders Planning Services Manager ' Laura Car- stens, Assistant Plan- ner Kyle Kritz and As- sociate Planner Guy Hemenway provided a slide presentation on payday lender institu- tions and related zon- ing issues. Topics in- cluded: • Definition of payday loans and lenders • Number and location of payday lender busi- nesses in Dubuque • Comparisons to oth- er Iowa cities • Various zoning sepa- ration buffers and re- striction options • Separation from/re- lationship to residen- tial areas • Relationships to Community Develop- ment Block Grant (CDBG) target areas • Impact of zoning regulations • Recommendation City Council had dis- cussion with staff fol- lowing the presenta- tion regarding public financial education programs, business proliferation, state leg- islation, and zoning "op- tions. The City Council reached consensus on referring the matter to the Zoning 'Advisory Commission for draft- ing letters to state leg- islators to place on a future City Council agenda. There being no fur- ther business, upon motion the City Council adjourned at 5:53 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk It 5/28 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on May 19, 2014 in the His- toric 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 con- ducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE INTRODUCTIONS International City/ County Managers As- sociation (ICMA) Fel- lowship Exchange members, Dulce Gu- terres Junior and Ange- la Tavares DeJesus from the country of Timor Leste introduced themselves and descri- bed what they are learning from Dubuque to help their country decentralize its gov- ernment. CONSENT ITEMS Motion. by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Council Member Con- nors requested item #9 North End Neighbor- hood Association Peti- tion be held for sepa- rate discussion. Motion carried 7-0. 1. Minutes and Re- ports Submitted: Cable TV Commission of 4/2, City Council proceed- ings of 5/5, Five Flags Civic Center Advisory Commission of 4/28, Human Rights Commis- sion of 4/14, Library Board of Trustees of 2/27, Zoning Advisory Commission of 5/7, Proof of Publication for City Council proceed- ings of 4/21, Proof of Publication for List of Claims and Summary of Revenues for Month Ended 3/31. Upon mo- tion the documents were received and filed. 2. Humanities Iowa Grant - Sister City Commission: City Clerk Kevin Firnstahl recom- mending approval' of the submission of a Hu - Legal Notices manities Iowa mini grant application in the amount of $3,000 for the Handan, China, Sis-, ter City photo display. Upon motion the docu- ments were received, filed and approved. 3. Community Devel- opment Block Grant (CDBG) Request to Re- lease Funds: City Man- ager recommending approval of the Re- quest for Release of Funds for the proposed projects approved in the Fiscal Year 2015 (Program Year 2014) Annual Action Plan for Community Develop- ment Block Grant ac- tivities. Upon motion the documents were received and filed and Resolution No. 146-14 Authorizing request for release of Community Development Block Grant funds for Fiscal Year 2015 (Program Year 2014) was adopt- ed. 4. Iowa Department of Transportation: Corre- spondence from the Io- wa Department of Transportation advis- ing the City that it pro- poses to let a bridge rehabilitation project on US 52 at Grandview Avenue on October 21, 2014. Upon motion the documents were re- ceived and filed. 5. Workers' Compen- sation Settlement - Weidenbacher Claim: City Attorney recom- mending approval of an Agreement for Set- tlement regarding a workers' compensation claim that was filed against the City of Du- buque by Mark Weidenbacher. Upon motion the documents were received, filed and approved. 6. Workers' Compen- sation Settlement - Hillard Claim: City At- torney recommending approval of an Agree- ment for Settlement re- garding a workers' compensation claim that was filed against the City of Dubuque by Richard Hillard. Upon motion the documents were received, filed and approved. 7. Key City Investment Co. - Acceptance of Utility Easement: City Manager acceptance of a utility easement from Key City Invest- ment Co. for the con- struction of under- ground electric, fiber optic cable, traffic sig- nals and other appur- tenant improvements associated with the JFK & Wacker Driver Inter- section Improvements Traffic Signalization project. Upon motion the documents were received and filed and Resolution No. 147-14 Accepting the grant of a utltity easement through, over and across a part of Lot 2- 11 Yiannias Place, in the City of Dubuque, Dubuque County, Iowa, was adopted. 8. Development Serv- ices Activity ,- Revised Fiscal Year 2015 Fee Schedule: City Manag- er recommending ap- proval of a revised Fis- cal Year 2015 fee schedule for the Devel- opment Services Activ- ity in the Planning Services Department. It is further recommend- ed the City Council ap- prove a resolution rescinding the previous fees and adopting a new fee schedule. Upon motion the docu- ments were received and filed and Resolu- tion No. 148-14 Rescinding Resolution No. 70-14, Establishing a Schedule of Develop- ment Services Fees, and adopting in lieu thereof a new Sched- ule of Development Services Fees as pro- vided in Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code was adopted. 9. North End Neigh- borhood Association Petition: Correspond- ence from the North End Neighborhood As- sociation petitioning the City of Dubuque to collaborate on a street lighting project in the 2500 block of Jackson Street. Motion by Con- nors to receive and file the documents and re- fer to the City Manag- er. Seconded by Lynch. Connors stated that this has been an issue for the neighborhood for some time. Motion carried 7-0. 10. PEG Capital Ex- penditure Request: City Manager recom- mending approval of the Cable TV Commis- sion recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Ac- cess Equipment and Facilities to provide new field production gear for Loras College. 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 was 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 Con- nors. Motion carried 7-0. 1. Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project Fiscal Year 2015: City Manager recommend- ing initiation of the bid- ding process for the Fiscal Year 2015 Sani- tary Sewer Cured -in - Place Pipe (CIPP) Lin- ing Project, and further recommends that a public hearing be set for June 2, 2014. Upon motion the documents were received and filed and Resolution No. 150- 14 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 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 2, 2014 in the Historic Federal Building. 2. Jule Transit Facility Roof and Sprinkler Re- pair Project: City Man- ager recommending in- itiation of the bidding process ,for the Jule Transit Facility Roof & Sprinkler Repair Proj- ect, and further recom- mends that a public hearing be set for June 2, 2014. Upon motion the documents were received and filed and Resolution No. 151-14 Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifica- tions, form of contract, and estimated cost; and ordering the ad- vertisement for bids was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on June 2, 2014 in the Historic Federal Building. 3. Residential Parking Permit District "D" Amendment: City Man- ager recommending that a public hearing be set for June 2, 2014, on an amendment to Residential Parking Permit District "D" by adding Alicia Street from Pennsylvania Avenue to Andrea Street, both sides, and Marjorie Circle from Amy Court to Andrea Street, both sides. It is further recommended that the portion of the petition not meeting the 80% criteria be ex- cluded from Residen- tial Parking Permit Dis- trict "D." Upon motion the documents were received and filed and Resolution No. 152-14 Setting a public hear- ing. on amending Resi- dential Parking Permit District D to include Alicia Street and Mar- jorie Circle was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on June 2, 2014 in the Historic Federal Building. 4. Greater Downtown Urban Renewal District Amendment: City Man- ager recommending approval of a Resolu- tion of Necessity that finds that an amend- ment of the Amended and Restated Urban Renewal Plan for the Greater Downtown Ur- ban Renewal District is both necessary and ap- propriate and sets a public hearing on the proposed amendment for June 16, 2014. Upon motion the documents were received and filed and Resolution No. 153- 14 Resolution of Neces- sity finding that certain areas adjacent to the Greater Downtown Ur- ban Renewal District meet the definition of a Blighted Area under the Urban Renewal Law, and that develop- ment of said areas is necessary in the inter- est of the residents of the City of Dubuque, Iowa, and setting dates of hearing and consul- tation on a proposed amendment to the Amended and Restated Urban Renewal Plan for said District was adopted setting a pub- lic hearing for a meet- ing to commence at 6:30 p.m. on June 16, 2014 in the Historic Federal Building. 5. Technology Park Urban Renewal District Amendment: City Man- ager recommending approval of a Resolu- tion of Necessity that: BOARDS/ COMMISSIONS Applicants were invit- ed to address the City Council regarding their desire to serve on the following Boards/Com- missions. I. Civil Service Com- mission: One 4-year term through April 6, 2018 (Vacant term of Schilling); Applicant: Mary Lynn Neuhaus, 1595 Montrose Terrace. Ms. Neuhaus spoke in support of her appoint- ment. 2. Long Range Plan- ning Advisory Commis- sion: One 3-year term through July 1, 2017 (vacant term of Van !ten); Applicant: Josh- ua Clements, 561 Jef- ferson St. Mr. Clements spoke in support of his oappointment. Appointment was made to the following Board/Commission: 3. Electrical Code Board: Three 3-year terms through May 21, 2017 (Expired terms of Dixon, Hammel, and Wilson); Applicants: •James Dixon, 2505 Mar- quette PI.; Dan Ham- mel, 2922 Fox Hollow Dr.; and David Wilson, 2918 Washington St. Motion by Braig to ap- point Mr. Dixon, Mr. Hammel and Mr. Wil- son to 3-year terms through May 21, 2017. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS 1. Request to Rezone - 1100 Carmel Drive: Proof of publication on notice of public hear- ing to consider a re- quest by Sisters of Charity BVM / The La- kota Group to rezone property at 1100 Car- mel Drive from R-1, Single -Family Residen- tial, to PUD, Planned Unit Development and the Zoning Advisory Commission recom- mending denial. Corre- spondence from the applicant requesting the public hearing be rescheduled to June 16, 2014. Motion by Con- nors to receive and file the documents and re- schedule the public hearing to June 16, 2014. Seconded by Braig. Motion carried 7-0. Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil on the following items. 2. Request to Rezone - 3674 Crescent Ridge: Proof of publication on notice of public hear- ing to consider a re- quest by Dr. Mary Lynn Neumeister to rezone the property at 3674 Crescent Ridge from R- 1, Single -Family Resi- dential, to C-3, General Commercial Zoning District and the Zoning Advisory Commission recommending denial. Restated motion by Connors 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 Jones. Mary Lynn Neumeister spoke in support of the request. Planning Services Man- ager Laura Carstens provided a staff report. Zoning Advisory Com- mission Chairperson Patrick Norton and As- sistant Planner Kyle Kritz responded to questions from the City Council and explained how the current mem- bership makeup of the commission precipitat- ed a 3-1 vote thereby requiring an automatic denial by the Commis- sion. Mr. Kritz added that no communication was received from the Iowa Department of Transportation related to the request. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 34-14 Amending Ti- tle 16 of The City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by reclassifying herein- after described proper- ty located at 3674 Cres- cent Ridge from R-1 Single -Family Residen- tial District to C-3 Gen- eral Commercial Dis- trict. Seconded by Lynch. Motion carried 7-0. 3. Water Treatment Plant North Softening Basins Rehabilitation Project: Proof of publi- cation on notice of public hearing to con- sider approval of the specifications, form of contract and the esti- mated cost for the Wa- ter Treatment Plant North Softening Basins Rehabilitation Project and the City Manager recommending appro- val. Motion by Jones to receive and file the documents and adopt Resolution No. 155-14 der Drew Cook and Sons Excavating Co., Inc. Motion by Braig to receive and file the documents and adopt Resolution No. 157-14 Awarding public im- provement contract for the SRF Green Alley Bid Set 4 Project. Sec- onded by Jones. Motion carried 7-0. 2. Sisters of St. Fran- cis - Request to Donate Peace Pole: Parks and Recreation Commis- sion recommending approval to accept a peace pole gift from the Sisters of St. Fran- cis of the Holy Family and place the pole in Washington Park. Mo- tion by Braig to receive and file the documents and approve the rec- ommendation. Second- ed by Connors. City Manager Van Milligen stated that the specific location within Wash- ington Park would be decided by Leisure Services Manager Mar- ie Ware. Motion carried 7-0. 3. Environmental Stewardship Advisory Commission: Corre- spondence from the Environmental Stew- ardship Advisory Com- mission recommending that the City Council include sustainability and environmental stewardship options in its promotion of Tax In- crement Finance (TIF). Motion by Connors to receive• and file the documents and refer to the City Manager. Seconded by Resnick. City Manager Van Milligen stated that the item would be brought back to the City Coun- cil to include approval of specific wording. Motion carried 7-0. 4. Bond Purchase Agreement - Sales Tax Increment Revenue Bonds (Unlimited Prop- erty Tax Supported), Second Lien Series 2014A: City Manager recommending appro- val of the Bond Pur- chase Agreement and the Master Resolution in connection with the issuance of Sales Tax Increment Revenue Bonds (Unlimited Prop- erty Tax Supported), Second Lien Series 2014A. Motion by Jones to receive and file the documents and adopt Resolution No. 158-14 Approving the form and authorizing execu- tion of a Bond Pur- chase Agreement in connection with the is- suance of Sales Tax In- crement Revenue Bonds (Unlimited Prop- erty Tax Supported), Second Lien Series 2014; and Resolution No. 159-14 Master reso- lution relating to the is- suance of Sales Tax In- crement Revenue Bonds by the City of Dubuque under the provisions of Chapter 418 of the Code of Io- wa, authorizingand providing for the issu- ance and securing the payment of Sales Tax Increment Revenue Bonds (Unlimited Prop- erty Tax Supported), Second Lien Series 2014, and providing for a method of payment thereof, and related matters. Seconded by Connors. Finance Di- rector Ken TeKippe, Tim Oswald of Piper Jaffray, and Tom Gavin of R.W. Baird present- ed background infor- mation and the results of the bond issuance. Motion carried 7-0. 5. Code of Ordinances Amendment - Title 10 Special Events and Waiver Policy (Tabled from April 7, 2014): City Manager recommend- ing adoption of a re- vised Special Events Permit Ordinance and Waiver Policy. Corre- spondence . from Art Gilloon to address the City Council. Motion by Jones to remove from the table. Seconded by Braig. Motion carried 7-0. Motion by Jones to re- ceive and file the docu- ments and that the re- quirement 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. Second- ed by Braig. Assistant City Attorney Crenna Brumwell provided a slide presentation stat- ing that the primary modification to the proposed ordinance from the last version was to define specific language related to as- semblies where no per- mit, fees, insurance or indemnification is re- quired and notification to the City Manager is encouraged. Ms. Brum- well further stated that language was added regarding interfering with a lawful assem- blies and defining spe- cial events. The exist- ing language regarding events on private prop - INPUT Council Member Con- nors reported on the recent delegation visit from the Sister City of Dornbirn, Austria, dur- ing which the official Sister City proclama- tion was reaffirmed be- tween Mayor Buol and Mayor Andrea Kauf- mann of Dornbirn. Ms. Connors added that the experience was en- couraging and that the delegation found many ideas to share with Dornbirn. Council Member Jones reported on a re- cent Telegraph Herald Letter to the Editor that described a disparity between the costs of traffic violations and those of more serious crimes that end with suspended fines and sentences. He agreed with the injustice and believes the disparity should be addressed. PUBLIC INPUT Art Gilloon, 535 Herit- age Drive, requested that the City Council change the process for reviewing . ordinances to allow for public in- put believing that the current process sends the wrong message to citizens. Jacob Long, 4604 Car- dinal Drive, concurred with Mr. Gilloon, and requested that the City Council move the Pub- lic Input section to the beginning of the agen- da. Alex Wehrspann, 1388 Thomas Place, asked the City Council to ad- dress backyard burn- ing as a public health issue and to more strictly regulate when, where, and what can be burned. Joan Wehrspann, 1388 Thomas Place, ad- dressed the City Coun- cil regarding her heath issues that she attrib- utes to backyard burn- ing stating that it is not in keeping with the City's sustainability principles. Ms. Wehr- spann also expressed frustration with the City following her re- quests for enforcement of illegal burning. Jack Mescher, 1235 Mt. Loretta Drive, ad- dressed the Council re- garding what he be- lieves are limited methods of communi- cating with the City Council and requested that the process for public input be changed. Jonathon McCoy, 263 Main Street, addressed the City Council about his concerns on behalf of the Old Main Associ- ation and as a Main Street property owner that the lower Main Street area is seeing resurgence in rough public behavior specifi- cally during the late - night hours. Allen Troupe, 2203 Key Way, requested that the City Council change its procedure regarding the ability to address the Council on ordinances and cited the City of Waterloo's procedure as anexam- ple. Mark Lansing, 3761 Hillcrest Road, ex- pressed his opinion that citizens just need to feel that the Council is listening to them. Jeff Lenhart, 1270 Lo- cust Street, stated that he felt lucky to be liv- ing in Dubuque and said that joining a City commission is the best thing he's done. .CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:09 p.m. to dis- cuss property acquisi- tion pursuant to Chap- ter 21.5(1)(c), -(j) Code of Iowa. Seconded by Connors. Motion car- ried 7-0. Upon motion at 8:36 p.m., the City Council reconvened in open session stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 8:37 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk it 5/28 Community Develop- ment Block Grant (CDBG) target areas • Impact of zoning regulations • Recommendation City Council had dis- cussion with staff fol- lowing the presenta- tion regarding public financial education programs, business proliferation, state leg- islation, and zoning op- tions. The City Council reached consensus on referring the matter to the Zoning Advisory Commission for draft- ing letters to state leg- islators to place on a future City Council agenda. There being no fur- ther business, upon motion the City Council adjourned at 5:53 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk It 5/28 GM-11. M memoci -con- nors requested item #9 North End Neighbor- hood Association Peti- tion be held for sepa- rate discussion. Motion carried 7-0. 1. Minutes and Re- ports Submitted: Cable TV Commission of 4/2, City Council proceed- ings of 5/5, Five Flags Civic Center Advisory Commission of 4/28, Human Rights Commis- sion of 4/14, Library Board of Trustees of 2/27, Zoning Advisory Commission of 5/7, Proof of Publication for City Council proceed- ings of 4/21, Proof of Publication for List of Claims and Summary of Revenues for Month Ended 3/31. Upon mo- tion the documents were received and filed. 2. Humanities Iowa Grant - Sister City Commission: City Clerk Kevin Firnstahl recom- mending approval' of the submission of a Hu - mending approval of 2. Jule Transit Facility notice of public hear- Seconded by KesnICK. the UM, LOU IC❑ IA) au an Agreement for Set- Roof and Sprinkler Re- ing to consider a re- City Manager Van dress backyard burn- tlement regarding a pair Project: City Man- quest by Sisters of Milligen stated that the ing as a public health workers' compensation ager recommending in- Charity BVM / The La- item would be brought issue and to more claim that was filed itiation of the bidding kota Group to rezone back to the City Coun- strictly regulate when, against the City of Du- process for the Jule property at 1100 Car- cil to include approval where, and what can buque by Mark Transit Facility Roof & mel Drive from R-1, of specific wording. be burned. Weidenbacher. Upon Sprinkler Repair Proj- Single -Family Residen- Motion carried 7-0. Joan Wehrspann, 1388 motion the documents ect, and further recom- tial, to PUD, Planned 4. Bond Purchase Thomas Place, ad - were received, filed mends that a public Unit Development and Agreement - Sales Tax dressed the City Coun- and approved. hearing be set for June the Zoning Advisory Increment Revenue cil regarding her heath 6. Workers' Compen- 2, 2014. Upon motion Commission recom- Bonds (Unlimited Prop- issues that she attrib- sation Settlement - the documents were mending denial. Corre- erty Tax Supported), utes to backyard burn - Hillard Claim: City At- . received and filed and spondence from the Second Lien Series ing stating that it is not torney recommending Resolution No. 151-14 applicant requesting 2014A: City Manager in keeping with the approval of an Agree- Preliminary approval of the public hearing be recommending appro- City's sustainability ment for Settlement re- plans, specifications, rescheduled to June 16, val of the Bond Pur- principles. Ms. Wehr- garding a workers' form of contract, and 2014. Motion by Con- chase Agreement and spann also expressed compensation . claim estimated cost; setting nors to receive and file the Master Resolution frustration with the that was filed against date of public hearing the documents and re- in connection with the City following her re - the City of Dubuque by on plans, specifica- schedule the public issuance of Sales Tax quests for enforcement of illegal burning. Jack Mescher, 1235 Mt. Loretta Drive, ad- dressed the Council re- garding what he be- lieves are limited methods of communi- cating with the City Council and requested that the process for public input be changed. Jonathon McCoy, 263 Main Street, addressed the City Council about his concerns ,on behalf of the Old Main Associ- ation and as a Main Street property owner that the lower Main Street area is seeing resurgence in rough public behavior specifi- cally during the late - night hours. Allen Troupe, 2203 Key Way, requested that the City Council change its procedure regarding the ability to address the Council on ordinances and cited the City of Waterloo's procedure as an exam- ple.. Mark Lansing, 3761 Hillcrest Road, ex- pressed his opinion that citizens just need to feel that the Council is listening to them. Jeff Lenhart, 1270 Lo- cust Street, stated that he felt lucky to be liv- ing in Dubuque and said that joining a City commission is the best thing he's done. -CLOSED SESSION Motion by Jones to convene in closed ses- sion at 8:09 p.m. to dis- cuss property acquisi- tion pursuant to Chap- ter 21.5(1)(c), -(j) Code of Iowa. Seconded by Connors. Motion car- ried 7-0. Upon motion at 8:36 p.m., the City Council reconvened in open session stating that staff had been given proper direction. There being no fur- ther business, upon motion the City Council adjourned at 8:37 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 1t 5/28 Richard Hillard. Upon tions, form of contract, hearing to June 16, Increment Revenue motion the documents and estimated cost; 2014. Seconded ' by Bonds (Unlimited Prop - were received, filed and ordering the ad- Braig. Motion carried erty Tax Supported), and approved. vertisement for bids 7-0. Second Lien Series 7. Key City Investment was adopted setting a Upon motion the rules Co. - Acceptance of public hearing for a were suspended allow - Utility Easement: City meeting to commence ing anyone present to Manager acceptance at 6:30 p.m. on June 2, address the City Coun- of a utility easement 2014 in the Historic cil on the following from Key City Invest- Federal Building. items. ment Co. for the con- 3. Residential Parking 2. Request to Rezone - struction of under- Permit District "D" 3674 Crescent Ridge: ground electric, fiber Amendment: City Man- Proof of publication on optic cable, traffic sig- ager recommending notice of public hear- nals and other appur- that a public hearing ing to consider a re - tenant improvements be set for June 2, 2014, quest by Dr. Mary Lynn associated with the JFK on an amendment to Neumeister to rezone & Wacker Driver Inter- Residential Parking the property at 3674 section Improvements Permit District "D" by Crescent Ridge from R- Traffic Signalization adding Alicia Street 1, Single -Family Resi- project. Upon motion from Pennsylvania dential, to C-3, General the documents were Avenue to Andrea Commercial Zoning received and filed and Street, both sides, and District and the Zoning Resolution No. 147-14 Marjorie Circle from Advisory Commtssion Accepting the grant of Amy Court to Andrea recommending .denial. a unity easement Street, both sides. It is Restated motion by through, over and further recommended Connors to receive and across a part of Lot 2- that the portion of the file the documents and 11 Yiannias Place, in petition not meeting that the requirement the City of Dubuque, the 80% criteria be ex- that a proposed ordi- Dubuque County, Iowa, cluded from Residen- nance be considered was adopted. tial Parking Permit Dis- and voted on for pas- 8. Development Serv- trict "D." Upon motion sage at two Council ices Activity.- Revised the documents were meetings prior to the Fiscal Year 2015 Fee received and filed and meeting at which it is Schedule: City Manag- Resolution No. 152-14 to be passed be sus- er recommending ap- Setting a public hear- pended. Seconded by proval of a revised Fis- ing, on amending Resi- Jones. Mary Lynn cal Year 2015 fee dential Parking Permit Neumeister spoke in schedule for the Devel- District D to include opment Services Activ- Alicia Street and Mar- ity in the Planning jorie Circle was adopt - Services Department. It ed setting a public is further recommend- hearing for a meeting ed the City Council ap- to commence at 6:30 prove a resolution p.m. on June 2, 2014 in rescinding the previous the Historic Federal fees and adopting a Building. new fee schedule. 4. Greater Downtown Upon motion the docu- Urban Renewal District ments were received Amendment: City Man - and filed and Resolu- ager recommending tion No. 148-14 approval of a Resolu- Rescinding Resolution tion of Necessity that No. 70-14, Establishing finds that an amend - a Schedule of Develop- ment of the Amended ment Services Fees, and Restated Urban and adopting in lieu Renewal Plan for the thereof a new Sched- Greater Downtown Ur- ule of Development ban Renewal District is Services Fees as pro- both necessary and ap- vided in Title 16 of the propriate and sets a City of Dubuque Code public hearing on the of Ordinances, Unified proposed amendment Development Code was for June 16, 2014. Upon adopted. motion the documents 9. North End Neigh- were received and filed borhood Association and Resolution No. 153- Petition: Correspond- 14 Resolution of Neces- ence from the North sity finding that certain End Neighborhood As- areas adjacent to the sociation petitioning Greater Downtown Ur - the City of Dubuque to ban Renewal District collaborate on a street meet the definition of a lighting project in the Blighted Area under 2500 block of Jackson the Urban Renewal Street. Motion by Con- Law, and that develop- nors to receive and file ment of said areas is the documents and re- necessary in the inter- fer to the City Manag- est of the residents of er. Seconded by Lynch. the City of Dubuque, Connors stated that Iowa, and setting dates this has been an issue of hearing and consul - for the neighborhood tation on a proposed for some time. Motion amendment to the carried 7-0. Amended and Restated 10. PEG Capital Ex- Urban Renewal Plan for penditure Request: said District was City Manager recom- adopted setting a pub - mending approval of lic hearing for a meet - the Cable TV Commis- ing to commence at sion recommendation 6:30 p.m. on June 16, for funding from the 2014 in the Historic Public, Educational, Federal Building. and Government (PEG) 5. Technology Park Capital Grant for Ac- Urban Renewal District cess Equipment and Amendment: City Man - Facilities to provide ager recommending new field production approval of a Resolu- gear for Loras College. tion of Necessity that: Upon motion the docu- 1) finds that an Amend- ments were received, ed and Restated Urban filed and approved. Renewal Plan for the 11. Crescent Com- Dubuque Technology munity Health Center Park Economic Devel- Letters of Support: City opment District is both Manager recommend- necessary and appro- ing approval to sign priate; 2) enters into a letters of support for Joint Agreement with Crescent Community the County for said Health Center and Fed- amendment; and 3) erally Qualified Health sets a public hearing Centers funding. Upon on the proposed motion the documents amendment for June were received, ' filed 16, 2014. Upon motion and approved. the documents were 12. Improvement Con- received and filed and tracts and Mainte- Resolution No. 154-14 nance Bonds: Drew Resolution of Necessity Cook & Sons Exca- finding that certain vating Co, Inc., for SRF areas adjacent to the Green Alley Project Bid established Dubuque Sets 2 and 3; River City Technology Park Eco- Paving (aka Mathy nomic Development Construction) for the District meet the defi- White Street (11th-21st nition of an Economic Street) HMA Resur- Development Area un- facing with Milling der the Urban Renewal Project. Upon motion Law, that development the documents were of said Area is neces- received, filed and ap- sary in the interest of proved. the residents of the support of the request. Planning Services Man- ager Laura Carstens provided a staff report. Zoning Advisory Com- mission Chairperson Patrick Norton and As- sistant Planner Kyle Kritz responded to questions from the City Council and explained how the current mem- bership makeup of the commission precipitat- ed a 3-1 vote thereby requiring an automatic denial by the Commis- sion. Mr. Kritz added that no communication was received from the Iowa Department of Transportation related to the request. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 34-14 Amending Ti- tle 16 of The City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by reclassifying herein- after described proper- ty located at 3674 Cres- cent Ridge from R-1 Single -Family Residen- tial District to C-3 Gen- eral Commercial Dis- trict. Seconded by Lynch. Motion carried 7-0. 3. Water Treatment Plant North Softening Basins Rehabilitation Project: Proof of publi- cation on notice of public hearing to con- sider approval of the specifications, form of contract and the esti- mated cost for the Wa- ter Treatment Plant North Softening Basins Rehabilitation Project and the City Manager recommending appro- val. Motion by Jones to receive and file the documents and adopt Resolution No. 155-14 Approval of specifica- tions, form of contract, and estimated cost for the Water Treatment Plant North Softening Basins Rehabilitation Project. Seconded by Braig. Motion carried 7-0. 4. E. B. Lyons Interpre- tive Area Expansion Project: Proof of publi- cation on notice of public hearing to con- sider approval of plans, specifications, form of contract, and estimat- ed cost of the E. B. Lyons Interpretive Area Expansion Project and the City Manager rec- ommending approval. Motion by Braig to re- ceive and file the docu- ments and adopt Reso- lution No. 156-14 Ap- proval of plans, specifi- cations, form of con- tract, and estimated cost for the E. B. Lyons Interpretive Area Ex- pansion Project. Sec- 13. Alcohol License City of Dubuque, Iowa, onded by Connors. Mo- Applications: City Man- and setting dates of tion carried 7-0. ager recommending hearing and consulta- ,Upon motion the rules approval of annual liq- tion on a proposed were reinstated limit- uor, beer, and wine li- amendment to the ing discussion to the censer as submitted. Amended And Restated City Council. 2014A. Motion by Jones to receive and file the documents and adopt Resolution No. 158-14 Approving the form and authorizing execu- tion of a Bond Pur- chase Agreement in connection with the is- suance of Sales Tax In- crement Revenue Bonds (Unlimited Prop- erty Tax Supported), Second Lien Series 2014; and Resolution No. 159-14 Master reso- lution relating to the is- suance of Sales Tax In- crement Revenue Bonds by the City of Dubuque under the provisions of Chapter 418 of the Code of Io- wa, authorizingand providing for the issu- ance and securing the payment of Sales Tax Increment Revenue Bonds (Unlimited Prop- erty Tax Supported), Second Lien Series 2014, and providing for a method of payment thereof, and related matters. Seconded by Connors. Finance Di- rector Ken TeKippe, Tim Oswald of Piper Jaffray, and Tom Gavin of R.W. Baird present- ed background infor- mation and the results of the bond issuance. Motion carried 7-0. 5. Code of Ordinances Amendment - Title 10 Special Events and Waiver Policy (Tabled from April 7, 2014): City Manager recommend- ing adoption of a re- vised Special Events Permit Ordinance and Waiver Policy. Corre- spondence . from Art Gilloon to address the City Council. Motion by Jones to remove from the table. Seconded by Braig. Motion carried 7-0. Motion by Jones to re- ceive and file the docu- ments and that the re- quirement 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. Second- ed by Braig. Assistant City Attorney Crenna Brumwell provided a slide presentation stat- ing that the primary modification to the proposed ordinance from the last version was to define specific language related to as- semblies where no per- mit, fees, insurance or indemnification is re- quired and notification to the City Manager is encouraged. Ms. Brum- well further stated that language was added regarding interfering with a lawful assem- blies and defining spe- cial events. The exist- ing language regarding events on private prop- erty was corrected to only regulate events on private property in a couple of scenarios, a new Chapter 8 related to valet parking was created, and the exist- ing unlawful assembly provision was moved to Title 7. Mr. Gilloon, after addressing the Council from the gal- lery, was informed that there would be no pub- lic input at this time. Motion carried 6-1 with Lynch voting nay. Motion by'Jones for fi- nal consideration and passage of Ordinance No. 35-14 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Prop- erty by repealing Chap- ter 4 Parades. and As- semblies and Enacting a new Chapter 4 Pa- rades, Assemblies and Special Events in lieu thereof; adopting a New Chapter 8 Valet Drop Off Parking; Per- mit Requirements; and Amending Title' 7 Po- lice, Fire and Public Safety, Chapter 5 Of- fenses, Article A Gen - Upon motion the docu- Urban Renewal Plan for ACTION ITEMS eral Offenses by adopt- ments were received said District was 1. SRF Green Alley ing a new Section 7-5A- and filed and Resolu- adopted setting a pub- Project Bid Set 4 - Proj- 18 Unlawful Assembly. tion No. 149-14 Approv- lic hearing for a meet- ect Award: City Man- Seconded by Connors. ing applications for ing to commence at ager recommending Motion carried 6-1 with beer, liquor, and/or 6:30 p.m. on June 16, award of the SRF Green Lynch voting nay. wine permits, as re- 2014 in the Historic Alley Project Bid Set 4 COUNCIL MEMBER quired by City of Dubu- Federal Building. contract to the low bid- REPORTS PUBLIC