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Proof of Publication_City Council Proceedings 7 21 14STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Cleric 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 30, 2014, and for which the charge is $354.67. Pez Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /At day of are , 20 /I . h2ar Jh Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB, 1, 201; Present. Mayor Bubl; ommending approval - 23. USDA Local Foods, - 1t'k O6,DUAflQUE, Council ' Members to acquire, property lo- local Places program: ,CITY, FOUNCIL, , 1 Bralg,.Connors, Jones, cated at 420 Garfield City Manager reCom- P,�OOEEDING5 I Lynch, Resnick, Sutton; Avenue from:Thomas J. :mending -approval of a kEGGLAR SBSSION City Manager- °Y,ari Blaser and Margaret M• letter of intent to apply •s Ehe AW SSIONty Milligen City Attorney Blaser- as ;pact of-, the for the USDA Local Lindahl; • acquisition program Foods,;Local, Places Covhcllipet in regular Mayor Buol rread the` associated' with the ,technicah assistance session at 6r36,p.m: on calband stated,this Is a `�Bee.Brabch Creek Re, r rogram. Upon mot on Ju19%21 2014 In the His - regular) session of the storation Project, Upon the: , documents were ,toric Fetai pul[ding . ' City Council called for motion the documents `received, filed. and ap i 35Dvv. 6th Street, the purpose of con• were received and filed ' proved.' ducting. such business and Resolution No. 208- 24. Mediaoom Cern - that May properly, 14 ApprgVIng the ac- municat' oris Company: (come before the City 40.1806on of real estate Correspondence from Council 6 owned by Thomas J. Mediacom-CammUnl- 1 ,:PLEDGE OK . 8 aser and Margaret M. cations Company ad ALLEGIANCE B aser,'D/B/A Dubuque Vising the City that jt I PROCLAMATIONS) ., Fire'E uipment Ina; in will Abe changing the 'Apples for Students the City, �:of Doi uque ' seasonal :;rates for Monttts (July/August was adopted - -some seryrges on or 12014). was accepted by "13. Partial property about Sejtetnber 1 [Jessica Pape, Develop- Acquisition 430•Gar,- 2014 Upoh4mptlonthe ment Director of St. field Avenue City Man- : dpouments <,y.'ere re - Mark's Youth Enrich- ager recommending ceived and h . ment 1201 Locust St. approval to purchase a 25. Iowa Department CONSENT ITEMS portion of 430 Garfield:. of Natural Resources - Motion by Lynch to Avenue and two tem- NPDES Inspection: Cor- i receive and 1110 the porary Const uctionrespondence from the do&umonts, adopt the easements through 430 Iowa Department of resoldtlons, 'and dis- Garfield -Avenue that Natural Resources pro- posel of as Indicated. are required for the viding the City with an seconded by Connors. Bee Branch Creek Re- - Inspection report of the Motion carried 7-0 storation: Project' and Water & Resource Re- l. Minutes and Re- that a Memorandum of cover Center and No- ' pbrts .Submitted: Arts Understanding be exe- tice; of Violation. Upon and :Cultural' Affairs cuted With Robert : motion the :documents Advisory Commission Klauer regarding relo- were received,. filed of 5/27; Cable TV Com cation, .-=, re-establish- and ,Referred, to the ..,,....i, .. s .ale• klhv manf a:menses- and City Manager: Legal Notices ,ceive and file the docu to be passed pe` sus- ,tents and adopt Reso- pended, ,`Seconded by �„ lutlon No.221`14 Estab Lynch Motion Carried -Applloants were invit lis hmg. thea Ir market 7 0 f, ed to address, tbet,City .Value' 01; f aI property Motion -by Connorafor ;tbUnoil reganding tlfele '‘,for the Sotrfhwest Atte final consideration'and : appointment to the fol rial, Project directing assage;'of Ordifiahce. lowing Boards/Com good faith negot{ tipns or',119'1113:At?iending' InIssions fors. the ,a0qu stun of ify ,of ,Oecite-cgde. : 1 Housing pmmis- ,prdlierty and authonz of Ordinano s Title 10 sioh Oise, 3 year term ,.Ing the commence gubjic Ways�nd Prop•: rth 4ugh August 17•" merit of eminent ado erty Chapter 7 �oa'ts;, ;201 4(Ekplring termlof Main:' proeeedings;- d Boating; and Watej'; Baunthover): : Appll- necessatyi to aggdire;;front ,Sfructdjes e ' cant; Rick. Baumhover, property. Seconded1 by •tloii;-1 --4131 Actlyitly'sp I q1 otrfleid Ave, #104, Connors. Hugh N1cFad -thy,/ Adding MotdrjYed: j B (i nhover spoke den; 10618 Cedar` -Point Personal IWaterpfaif ` n su• pliort, of his ap-ct spoke in opposition Operatlen to the List of p6 nt ent. - to the project ,5 at ng Prohibited4 Q4tMJties, ..2 Al 3n rghts Coni 1 ktflat''he believed, the faM'A,rid�ing Ad sop] ,.. !AST t E pea. d3stlaC Cltyt!nfirst btillbated Areas,4yh re A8 Ihdtloss- 1, 2O rough t u fy les lnsii n 1 t - th are Rrohfblfed Sec- �1 20}8 (Vacant Serra bf les, .extension at •the on edr by Lynch Mo-` I P4@[gager) Appli)gants ,end: of Pennsylvania rtl000arrigd70 kkoie ° f i ttte�`,, p2897 Avenue Motl n carried 8pde of ord(nanees .'Asbury Rqd; -Susaq x170: y 4 F ' A iefldrttent ,Title -8 Ston iaa4 Soluttr.§ 5,�Ddhlque Rbgional Tradsltgdeikory Board:Ms kt KUiter rend Ms.'' ;Airpork Property Ease- City Manager- recon- 'So dspokejnsupport men; Acrlulsition;,for mending approval, of ',o )the i ?espec»ye ap rEgtenslon of Public an ordinapce,which re-: poIIq'1meats sn Utlhtles Proof pf pObi- peals Chapter 1 Trapaft, )[[TREK IjEARINGS - .jiatloh on noticg, of ',Advisory Qoard1:"., pprokit Upon motlpnthe rules public hearino tb con sioflS ap adoptlig ria, ;`Nee sUsriended to al si er,the C1,3,4 Ipt,nt new oter 1 wilioh how. an0t416;p esent to to acqujr t rgondemn est bi sties the Tr1ri$It :addros§ tFhie City'Cpud, If iieces-s 1�y, p}opprt9 rj�dgVis ryBoard and 1l nii ems d thg, foe(owing,, for Vivi utiftiigss10 t er nh 61: 1ei3, oPe at)oes nhe lhewwn 1 :1 CQdA of pfrigiaance� PinportnanAYandrnn, 'CITY--nen'MMPGe for[ fatda n - 1 LC of`7/2 Zoning Board -of real estatevowned by Upon motion thedeco- Adjustment of '6/24. Robert F. Klauer in the ments were Mfecelved Uponmotionthe. docu City' of Dubuque was and fried, :•. ments-were. received adopted. • 27. mproyenent Con - and flied: 14, 2014 Access Ramp tract and Maintenance 2. Notice of Claims Installation Project Bonds' Portzeh Con - and Sults. Stacey Duve Phase. 2 =' Award::CIty strgctioi Inca for the fon Vehicle.-. damage, Manager -`recommend- : E B,^Lyon-s Expansion SteverMaker II for veal Ing that the aWard` for • Project. "inion motion cle damage Uponmo-, the 2014 Access Ramp the docunfnents were Joh--.thedocuments Installation Project received6 filed and ap- Were received filed Pha2 b se e officially re- proved �, and referred to the Clty forded in the minutes 28. Alcohol' Con -MIN Attorney....:3isposition pf Upon roo'City, on the docu- -.once License Penalty Cle fs: dity Attorney , ,menta were received, " ers'• Oky Doky #1: City advisng that the fob filet; and"made a Mat- file Oder recommend owing claims have terof Record, . Ing approyal of the been referred to Public 15. Community bevyel- Acknowledgment/set Entity: -Risk Services;of opment 'Block Giant` dement Agreement for owa, the agent for the ,(CDBG) 2014 Curb Ac- an alcohol compliance - owacommunities"As- cess Ramp Installati&n- violation for Oky poky surance PoohSteve.ProJect '-Award „City'- #1, 250 W. let Street. buve for vehicle. dam- Manager; recommend- • r Upon,motion the docu- age'..Upon motion the In that the aWard, for . ments Were received, 1 documents were re -the 2014'' CDBG -Curb filed and approved, 'delved, filed and con- Access Ramp Instalia- 29. Tobacco Compli- curred. tion Project be official- -, once"- Civil Penalty for 4. William -D. Hatfield ly recorded ip thekmi Tobacco License Hold - Award: Iowa Water En- nutes of the CIty,Coun- ers:t Oki Doky #1 City vf onment Association til. Uponmotion the Manager recommend (IAWEA)announcing documents' were re- Ing approval of the that Dubuque Water & ceived, filed and made Acknowledgement/Set Resoulde Recover Cen aMatter of Record. tlement.Agreement fdr to .,Manager lonatl)ap 16 Harvest Kitchen a tobacco compliance Brown'is the 2014Ue and 'lar'; Request for violation. fdr,Oky Doky ciplerjof the Wl ira`m Relea$e of Coynity 5 #1 250 W. 1st Street D,, Hattfield'AWardefor De dlupmehmfi t Block, Upon motion the docu outstapoln9 perform tPrAlit (CDBG) Funds: mens Were.Lreceived, anceirandprofeeslonah "City Manager recom- filed and approved. sm In the treatment mending approval of a 30. Alcohol Compjl- and maintenance of a esolutjon; authorizing apce Civil Penalty for wastewater i plAnt. the, Reque$t Release Of/ ; AlcoriolI License Hold - Upon "Motion the Euiids for the proposed 5' ers _ Murph's South ments Were recelyed Ecappmie DeVelopmept., End Tap ;City Manager and filed Financial t Assistance .:t recommending appro- 5 Dubuque Jaycees Program;; CoMMUnity , 'VI ()tithee. Acknow- Radio'. Dubuque; 2015 DeveloAment • Block ��ledgment/,Settlement Fireworks Request Grant^ Dap to Harvest Agreement for an alco- Correspondence from r Kitchen and Bat. Upon hol I compliance viola - Thomas Parsely 'gen matron the document; tion for Murph's South eta Manager of Radio were recelyed and filed ' End TOP= 55 Locust Dubuque and on behalf and i3o. 210= Street: Upon'Motion of he Dubuque. -lay-, 14 AuthMI1tng Request the do uments were tees, requesting- per for ,,release,of Com..„ recelyed„flletl and ap mission to conduct -a munity -.:Development proved. f fireworks". dlsolay-.on Blpok Grant funds for-; ,-31. Alcoholand To Friday, July- 3, 2015 Economic_ Developbient badco�Lcense.AppllCa- from'9:00 p,m. to 10:30 Financial Assistance tions: "City.`Manager p.m. on Volunteer Road Program Harvest ` recommending appro- between Hawthorne Kitchen and`Bar val. of. annual liquor, 1 and Lime Streets with 17.- Harvest Kitchen beer, wine and tobacco a ain'date of July4, and Bar.- CDBG -Loan - licenses as.submltted. 2015.f:UpOn,motlon the Agreement: CIty Man- Upon motion the docu- documents • Were re- ager,,., recommending ments were received celved, filed and ap- approval. of a forg'va- and filed and Resolu- proved. ble loan through the tion No.214 14 Approv 6. Shelter Plus Care Community • Develop- ing applications . for Program Contract;. City men, Block G ant beer, Ilquor; and/or Manager'recommend• (CDBG)' Economic De- wine permits, as re- Iho,approval of a con- velopment Joan Pro- qulred by City of Dubu tract with the U.S- De gram to Rhe bwnejg of qpe Codeof. OrdiiJan me pattt of ;rousing • Harvest, Kitchen land res Title' ;4'. Basjness and nb ajt Develop Bar, anew business. -t0': and License' Regula merit'` Or administra be ideated In the tions, Chapter 2 Liquor tlomoftheShelterplus Schmid .Innovation. Control,. Article B Lig - Care ,; .Program.: Upon Center at 955 Wash ng- uor, Geer and Wine Li - motion the documents ton Street. Upon mo- - tenses and Permits; were received, flied tion, the documents and Resolution No. 215- 1 and approved. - were received and filed 14 Approving applica- 7. --2115 Sunnyvlew and Resolution No, 211- tions for retail ciga- Drive Agreement and 14 Approving .a Com- rette/tobacco sales Acceptance of Storm munity' Development permits, asrequired by Sewer Easement: City Block,Grant Loan loWa Code 453A.474 Manager recommend Agreement -,for,. One wereadopted. Ing approvalof an Hundred SebentyI9ve. ITEMS TO BESETFOR Thousand; Dollars PUBLIC HEARING ance of a storm sewer ($174,000) fort Harvest Motion by;"l,$ ch to easement from James Kitciieri,'and Bar.was recelve 'and ;far the E. and Kristine E, Noon- adopted I,: documents adopt the an for a proposed 18. Pro Annexation resolutions, set the storsewer reloca, Agreement Richard public hearings as Mai - "bon. storm sewer Upon motion the M. and Mary Lou Bradt . Bated, and direct the documents were _re- Iey:.Clty.:Manager sec- City Clerk: to publish, celved and filed and ommending approval notice as prescribed by -Resolution No- 207-14 of a pre -annexation Jaw. Seconded by Con- Approving a Memoran- agreement with Ri-` nors. Motion carried 7-0: dum of Agreement for chard M; and -Marylou Mary •Lou 1. Elm Street Parking Construction of ' a Bradley, property own- ` Lot Project; City Map Storm Sewer and Ac ers,'In conjunction with agqer recommending in cepting a Grant. of their request for appro itiatioh of, the public Easement for Storm Val of a Final Plat of RI- bldding process for the Sealer Through, Over chard Bradley third conatructibn;of the Elm and Across a -Part of Addltion,n;ip Dubuque.- Street Parklhg Lot Prol the Southerly 99 Feet County. ;UUpon motion"'. ect;,aijd'further recom- of Lot 92 in Finley's Ad the documents were mends that a public dition.to the Clty of Du received; and flied and hearing be set for Au' buque, Dubuque, Iowa Resolution No. 212-14 gust 4, 2014. Upon Mot was adopted. iMprovjr g t a_ , Pre- • t1o0 .c the documents 8, Workers' Compen Annexation •AgreerpentE Were.recelved and filed agreement and accept Ishments and Estab and the Iowa Depart - Jones eported on Sem ! Is'h ng Regulations to menf of Natural.:; Re ator Tom Harkin's'Leg-; The r Location In the sources to add the E B, acy: Tour, which stop - Community, seconded Lyons InterpretiveArea ped id Dubuque, i�:' i by Braig. Motion car- Addition, - (Bottoms CLOSED SESSION ` Ied7-0. •- • Farm) •16 -the Gity's Motions Ar Jones to i •>2, Code of Ordinances . leaseWith the [owe De -,convene ip •clos0-se ,- l Rn+endment Title 16 - partment of Natual Sion at824p•m'to dist,' n led Developmegt ResouMtrces and the -cuss pending litigation'. Code Keeping of Hens: Manage'r- recommend- and p/opertY3acqulsl.:r Proof of publication on Ing approval. Mot on tion pursuant to Chap-, Opt ce of public, hear- by Lynch to race ve ter 21 5(3/(0. (13 gage. hg to consider, a re- and file the documents " ofIowa. ep sonele('137 Attest by theClty of Du and Adopt Resolut'on Connors Mohan' car' Pique. to amend the No. 223-14 Authoriz ng Ned,7 0. yUplfied Development Second Amendment of Upon motion the C'ty 90dde' to allow the Lease Agreement with- Connell,reconyened'In Keeping Of Hens for Iowa Departmeht1 of open session at 8.26' Egg Production as .an Natural Resources: for p.m, stating 'that staff acpessdry,Use,ip real the E.B. LyonsInterpre- hadbeengiven prOperr dentlal -.districts and tine'. Area 'Addition. ty direction. ' he Zoning Advisory seconded, Connors. Therebeing no furt„ Cpmmisslon recom- Charles InterWood, trier business, the alty mending approval. Mo , 1555 Montrose Terrace, council:: adJourned at ion by Jones to recelve spoke in favor of the 3:27 p.m: -.a- and filo the documents recommendation. -.Mo- • • /s/Kevin S. Fltnstahl, and that the -require- tion carried 7-0. - CMC, City Clerk tent that a proposed 7. chaplain Schmitt Is- It 7/30 ordinance be consid- land Master Plan: Proof • ---- eredAnd voted on for of publication on no- passage at two Council tice of public hearing meetings priorto the to consider app oval of Meeting at which it is the Chaplain Schmitt -. to be passed be sus- IslandMeste, -P an: and Bended. Seconded by the City Mahagor'rec- Braig. Planning sere- ommending. approval. Ices Manager'' Laura Motion by Connors to ` Carstens provided a receive and f le •the I. staff report. .Motion documents and adopt- carr) gg 7 0 Resolution No 224-14 ,Motf6n Oy),ar1 A,fgrfi Adopting the Chaplain,: nal cBBpsldeYrttloptang:,Sghniltt Island Master; . a sage o{prtln adore Plan Seconded,.+by' ' 0 97,114 JAd%,11 :Witt one$ Andrew les ,..t 4 ibailtihle City of Du nen of Cunningham bjfque-,code `of ordi -;Group provided, a slide; glances, Unified,Dever- presentation of 'the _ bprnent Code by project oyery ew, Ken Amggqjng, AArtie, a 16-8- Ginner c President. of; .5:10 Co dltionil,Us¢s he MlsslssIpplWalleye; KeepinngfiofaHens' and Council skto consider.. Amending Articles 16- parking Issue's attlle 5`2,3 (R-19/ ' 165 3.3 (R- Hawthorne Boat Ramp.'. p 5 3 (R )3dnd16 5 8 3 meas ngs ton dsummer 1 :EKeehl9go ofAlry ns the lwyintrWobd ,v Charles gg pr duction as an Mont ase Terrace, 'ACces$5o>Y"US In esJ1 qqe tone dev,g'lPping dential0 lath( ,'v n eoy, aq ,aba$ not flood bnded by Cannon; Mo sr rots iI d asked If (Ion Carried 7-0.-. 'del` d de ,hath. re• c.3, Code of ordinances celved approval from (Amendment - Title 16 the Long Raijde„pinn. Unified -Development Ring rAdvisory, Commis • - Code beflnitions Proof Mon, Mot!Onn"earrled'7.Q. of •publication on no- -Upon motion thb rules o 1r ts,.;.-(n .db..11n.rt-rti,': 13.n, a it iiiP 'quest by'the City of Pu-' adopt. RdsoWtlop -No,, .that a"proposed 'o1;dl'•i buque, to amend .Sec- 222-14 Establishing the nonce : -be considered tion 16.7, of the Uni led fair market value ofre- and voted on for pas - .E .Development Code - al property for the ex- sage at-talo:Council Supplemental Use Reg- tension of pgSbhc utlllt meetings prior to the ;ulatlons, by adding a les -to the Du qq. 'e,Re meeting. at 'which It Is. new Sectlon.16=7 5 P y� glgnal Airpott, "direct to be pasaed be sus - gay Lending Estebi stir: ming go,'bd faith pegdtrat pended.. , Seconded' by 1 Menti and - adding tions for the(acgt(Isi Connors,• Motion car • - siting requirements tion s' of property and fled 7-0. and the,Zgning Adv so- authorizing the tom- - Motion; by toppes forfl- ry Co missjon: recom• mencement of eminent nal' considbrdtlon and Mending approval. Mo- domain procee4Tings 11,1 passage, of Ordi once; tion btfJone;,to receive necessary, toy acqu`re iNg..5044 ; meyging :and file the documents property. Seconded by• ) city of DubUUUe Code. and that,-the:;requlre• Braid. Hugh,Moladden, of Ofdlnance 'Title 5 ,meet that a proposed 10618 Cedar Point: Ct., Transit' System by. Ordinance be consid- spoke In opposition to Repealing Chapter '1 ered and voted on for the project stating that Transit Advisory Board; Passage at two Council he believed the City General Provisions and meetings prior: to• the ;was' first obligated to Adopting a New chap- nteeting at which It is complete the. utilities ter ,1 Transit A Visory. o • be passed be sus- ektension at the end of Board-11)Lleu Thereof „penned. Seconded by Pepnsylvanla Avenue, "Establishing the Trans-: Braig. Planning Serv- City Manager ; Van It Advisory Board and ces Manager.. Laura MlllIgen stated that Mr. providing for the Pow. Carstens provided a McFadden was ad- ers, Operation, Mem- , staff report. Motion dressing a private bershlp,- Meetings,'andi carried 7-0. • property sewer exten- Procedure for Fare Ink Motion by Jones for h sion;and that this Is a crease or Reduction in ,,pal consideration and pdblfc; Improvement Service. Seconded by 1.1.ppassage Of ;Ordinance project. Meilencarried Braig. Motlon carried; iNo 46-14 Amending TI 7-0. 7-0. •,` le 16 of the Clty or.Dot. 6. Iowa Department of COUNCIL MEMBER 'buque Code vof Ordl- Natbral ResourcesREPORTS •+, .'lances Unified: DeVel- •Mines of Spain. Lease Mayo: Buol and POun•.: omen'C 4",`Code j by Agree ent '" Prbofi of cd ;Member Connors. 'Amending Ar,ticje 167"publicaton'on .notice paiddt ibgteso IOrm$Y :SUpplemental:;Usblleg ,. of piij ,thearinq`. tb +C¢uhcil'" Meinbers.'gnn Illations by Adding a consider an amended Mlchalski,.Who passed Now Section .7-5;rifled agreement between away on July 17, 2014, Ray Day Lending Estab- the `city of Dubuque Council Member c TA -66 -fRanT fir fgmo IJitibtr(7$ICS £aFL'tH3 `f ;Fa orhtTnpora+fl E, and Kristine E Noon adopteddocuments, adopt the Pre -Annexation for a proposed 18. resolutions, set, the storm sewer • re beat Agreement Richard public hearings as Indi- 'tion. Upon Mellon the M. and Mary Lou Brad- sated, and direct the documents, were re- ley: City. Manager sec- city Clerk to publish ceived and filed and ommending approval notice as prescribed by. Resolution No. 207-14 of -a i, pre-anpexation law. Seconded by Con- ApproVing a Memoran- agreelnem ' with 'RI ' ;nors. Motion carried 7-0; dun, of Agreemen for chard Mand Mary Lou 1 Elm Street Parking Construction of a Bradley, property own- Lot Project: City Meg - Storm Sewer and Ac- ers, In conjunction with ager recommending in- ceptIng a Gran i of their, request for, appro- Itlatichi‘efinthe public Easement for S orm • vat Of a Final Plat of RI- bidding process for the SeWeF Through,: Over chard Bradley Third construotiohvof the Elm and Across a .Pa t of Addition Il! -Dubuque Sfreet RarkingLot Proj- the Southerly 99 Feet County `Upon indtio0 ect;'and"further recon: of Lot 921n Flpley's Ad- the documents were mends that a nubile dition to the City Du- received and filed and hearing be set far Aut. buque, Dubuque, Iowa, Resolut on No. 212-14 gust 4, 2014. Upon motr. was adopted. Appr0V pot, a , Pre. tion the documents 8. Workers' Contpen Annexa Ion bgreement Were received and filed sation Excess ;;rnsgr betweenr tha,hCity,,.of ` and Resolution No. 216-: ante Renewal rscal Dubuque, foWa and RI- 16Preliminary approval Year 2015: City Manag- phard M, and Mary. Lou of plans, specifications, er recommending ap- Bradley was adopted, form of contract, and " proval of the renewal 19. Ju e Bus Purchase estimated cost; setting rate submitted by Acceptance City. Man- date of public hearing Safety National for Fis- age? recommending fl on plans speciflcal: cal Year 2015 Workers' nal acceptance of a tions, form of contract,: Compensation Excess bus as delivered from and estimated costa Insurance. Upon mo- Hoglund Bus Co., Inc. and ordering the a8 tion the documents . and•establisbing.the fi- vertisement for bids Were • received,' filed nal contract, amount was adopted setting,_a. and approved.,: ',• Uponmotion the dbcu public.hearing for 'a 9. IoWa Department of ments were received meeting to commence sTransportatioh r De and filed and Resole at 8:30 p.m. on August tours Agreement Iowa ttgpr 4d 213 1gAcceIi±C ,4 2014: in the Historic Department of • Trans ing,rthetJulg ,phs'put- ?Fiera! Building. , portation (IDOT) sub chase and authoriz ng 2 SRF Green Alley. mitting •an agreement the payment of the Protect Bld Set 2 Year for use of local agency contract amount tothe 2,j r r Cjty Manage4c0m- roads as detours dur contractor was adopt pending.. Int atloq of. Mg the coetruction Of ed , t '°1 the" ISubl & a b(4ding the interinodal,:Trans 20 Sist4rs of`etla 'it1 Gces?f C VW:sag portalOn Cener Upon the Blessed$$VIthih I,e1 AlieyttBlSet ' 1otiofi the documents a?yfDdrrespondenceYear21?Yotectand fur= were received, flied from Sister.Terl Nadro,' her recommends that' and approved.,,' BVM, Of the SIste of a public hearing be set; 10;Collective Bargain Charity., advising ::the or, %August 18, 2014): ing Agreement- Dubu City, that they antict Upon motion the docu- que Professional Fire pate resubmitting their ments were received fighter's Association request tb rezone and filed and Resole #353: City Manager re property ;at 1100 Car- Ion No. :.217 14 PreliMi questing• that the City mel Drive in the fell of ,nary approval of plans, Council receive and file 2014: Upon motion`the specifications form: of the arbitration' award documents Were re- contract, and estimat- between the tDIty of celved and flied:' - ed Cost; setting date of Dubuque and .the Du- 21. Dubuque City As- public .: hearing on buque .professional sessors Office: Corte plans, specifications Firefighters .; Assocla- spondepce from Dubu- orm of., contract, and tion, Local #353, effec , qUe City AtSessor, Rick , esttrpated cost, and ot tive July 1, '2014' Engelkeh advising' the dean§' -the- advertise through June 30, 2015. City of prbperty tax ap- ment for bids; Resole Upon motion the docu- peals filed with the to Ion No. 218-14 Apprev: ments' were received wa Property Assess- ng, the plats, Schedule and filed. ment Appeal Board for of Assessments and es 11. Collective Bargain- the '2014, assessment. Imate"of-total cost for ing Agreement. Team- Upon motion the deco- he SRF Green Alley Bid. sters Local 120 (Bus Rents were received . Set 2 -,Year. 2 Project Operators): City Man- and filed. Resolution No 219.14 ager recommending 22 college Partner- Resolution of Necessity -.approval of an Amendj shIp. Contracts Fiscal or the SRF Green AIle9 Ment to the Collective Year 15: city Manager -Bid Set'2 Year 2 Prof Bargaining- agreement recommending apprb ect and Resolution Nora between the:C ty, and val of the oontractS for 20-14 Fixing date' of Dubuque and,the College/University public hearing on Reso Teamster Loco. Union Transit' Partnership lotion- of Necessity No. 120 (Bus` Opera- with Clarke University, were adopted setting a tors). Upon m01on the Loras College and Uni- public hearing for, a documents were re- versity of 'Dubuque for meeting to commence i delved filed ' and ap-the 2014-2015 school at 6:30' p.m. on August prover/. year, Upon motion the 18, 2014 in the Historic 12. Property'Acquisl documents were re- Federal Building , tlo 420 Garfield AVe beIved, filed aptly ap- , - BOARDS/ - ' 'heftily Manager roc;- Proved:;--; COMMISSIONS • VP11,1111111k g' A4 Y YI ! `' Amending i coOrJditIotn& Ie 1UsGGes ,':t8- hepMIISsl Keepingl'offNens' and • Council s. Amending Articles 16- parking' li $43 (R 1); 16-5-3.3 (R- Hawthorn, 2),11884.3`:(R2a), 16-- that he s 553 (R3), and 165.6.3 'creasing R 4) to-'AIIoW the Weekends Ke pltl� ' pf- Heng for WlnterWo pdu BYrductIon as' art Montrose dec s g9Ws In Resl queStorno ndgdlr i oa tvd'�eignf`e,' rjdqo�t, (Mon carried 7-0. the, pko '-3, Code of Ordinances Celyed, al I Amendment • Title 16 the t,ong'' 'Unified - Developmentt Bing Adyl: abode- Definitions)' Proof Sion, Moth -0f pub ca On 0n no- =Upon mi !tice'of-public heating Were 'telt ;to Considera- request ting dlscu by the Clty of Dubuque City Couh to amend Section 16-2- ACTH ,3.of the Unified Deveb, 1. gust . bpment Code to re due Com move the' definition of Program disability and to redo/ dations:' 1 ,fIne the -de Imtion Of `' (ecomme family to Inc ude a ref• val for fu ranee to City code teen gust Kanter' 8-1, defining clue Corn 'Salinity and the Zan;...applicatit ne 'Advlsory Commis- Lynch to slon , ' recommending Old the d1 approva• :Motion by approve. Connor to receive and' .' ittelidatio file the doqumpJte pnd, ,py ones the the requirement rled 7-0. the L,.Jiroposed ordl- 2.- Sr nancg tPe• considered Protect; and Yeted'on for pas CJty +Mal saga! sFvo �.goungil n-;: s meet) Trig h it Is the- far 1 'Meeting ,a whie its then, itno .to be passed be sus- of Tr -Bended, Seconded 'by ICAAP fu .Jones, Planging Serv-ment the fees Manager Laura Travel pi Ga stens provided a by Jones 'Staff report. Motion - file the'c ea rled 7-0. "approve: Motion by Connors for mendath :{Inal consideration and by' Con assage 'of Ordinance carried 7 No. 48-14 Amending Ti- 3, Jule.;- tie 16 of the City of Du- Roof & $I ,buqusCode of'ordi-' Project is nances,-Unitled bevel Item v, opment' =Code,.by •_fromthe meniti 9 Ar$1ap,a, f 2 ;•icluesttg. gefinitDan of aDisabIty, rCcodee and to-MoOtfYthe Deft- : Amends nitloWpf-Family to In -'Motorize chide a,t3eference'to :Waterer/ CIty,Qode: Chapter • 8„dyer ' 011,DetinIng Disablilty i amendin Second d,' byr Jones, -= nance S Motioncardod'7.0, to add f 4; Southwest Arterial sonal wi Right -of -Way' Property ation to AcqUisltiOnt), proof of '-hiblted., 'pUbllcatlpn .,on notice'. well as Of pubh0;, hearing to -.areas W OORSIOF-the city's In- are prof tont tq acquire" or conc.-, by Conn denin t If necessary,: andfhe property for the Sou h•. and tha '{lest- Arterial Prolect.L n1ent th and the' City Manaper, ordinan/ rocentmehdjng app o- grad an Val: oofrespolldencb passage from Hugh -McFadden, meeting Metini,hy>Braig to re- meeting STATE OF IOWA DUBUQUE COUNTY {SS: 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 30, 2014, and for which the charge is $354.67. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /" day of ,20 //7-. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on July 21, 2014 in the His- toric Federal Building, 350 W. 6th Street. Notary Public in and for Dubuque County, Iowa. 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 PROCLAMATION(S) Apples for Students Months (July/August 2014) was accepted by Jessica Pape, Develop- ment Director of St. Mark's Youth Enrich- ment, 1201 Locust St. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. S econdedbyiConnors. Motion carried 7-0. 1. Minutes and Re- ports Submitted: Arts and Cultural Affairs Advisory Commission of 5/27; Cable TV Com- mission of 6/4; City MARY K. WESTERMEYER Commission Number 154885 My Co,;,.;, Exp. FES. 1. 2017 ommending approval to acquire property lo- cated at 420 Garfield Avenue from Thomas J. Blaser and Margaret M. Blaser as part of the acquisition program associated with the Bee Branch Creek Re- storation Project. Upon motion the documents were received and filed and Resolution No. 208- 14 Approving the ac- quisition of real estate owned by Thomas J. Blaser and Margaret M. Blaser, D/B/A Dubuque Fire Equipment, Inc., in the. City of Dubuque was adopted. 13. Partial Property Acquisition - 430 Gar- field Avenue: City Man- ager recommending approval to purchase a portion of 430 Garfield Avenue and two tem- porary construction easements through 430 Garfield Avenue that are required for the Bee Branch Creek Re- storation Project; and that a Memorandum of Understanding be exe- cuted with Robert Klauer regarding relo- cation, re-establish- ment expenses and 23. USDA Local Foods, Local Places Program: City Manager recom- mending approval of a letter of intent to apply for the USDA Local Foods, Local Places technical assistance program. Upon motion the documents were received, filed and ap- proved. 24. Mediacom Com- munications Company: Correspondence from Mediacom Communi- cations Company ad- vising the City that it will be changing the seasonal rates for some services on or about September 1, 2014. Upon motion the documents were re- ceived and filed. 25. Iowa Department of Natural Resources - NPDES Inspection: Cor- respondence from the Iowa Department of Natural Resources pro- viding the City with an inspection report of the Water & Resource Re- cover Center and No- tice of Violation. Upon motion the documents were received, filed and Referred to the City Manager. Cinncrl CnntrArtc Legal Notices Applicants were invit- ed to address the City Council regarding their appointment to the fol- lowing Boards/Com- missions: 1. Housing Commis- sion: One, 3-year term through August 17, 2017 (Expiring term of Baumhover). Appli- cant: Rick Baumhover, 601 Garfield Ave #104. Mr. Baumhover spoke in support of his ap- pointment. 2. Human Rights Com- mission: One, 3-year term through January 1, 2016 (Vacant term of Helgager). Applicants: Nikkole Nutter, 2897 Asbury Rd.; Susan Stone, 1384 Solon St. Ms. Nutter and Ms. Stone spoke in support of their respective ap- pointments. PUBLIC HEARINGS Upon motion the rules were suspended to al- low anyone present to address the City Coun- cil and the following items. 1. Code of Ordinances Amendment - Title 16 ceive and file the docu- ments and adopt Reso- lution No. 221-14 Estab- lishing the fair market value of real property for the Southwest Arte- rial Project, directing good faith negotiations for the acquisition of property and authoriz- ing the commence- ment of eminent do- main proceedings, if necessary, to acquire property. Seconded by Connors. Hugh McFad- den, 10618 Cedar Point Ct., spoke in opposition to the project stating that he believed the City was first obligated to complete the utilit- ies extension at the. end of Pennsylvania Avenue. Motion carried 7-0. 5. Dubuque Regional Airport Property Ease- ment Acquisition for Extension of Public Utilities: Proof of publi- cation on notice of public hearing to con- sider the City's intent to acquire, or condemn if necessary, property for the extension of public utilities to the Airport and the City Manager recommend - to be passed be sus- pended. Seconded by Lynch. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 49-14 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Prop- erty, Chapter 7 Boats, Boating and Water- front Structures, Sec- tion 10-7-13 Activities by Adding Motorized Personal Watercraft Operation to the List of Prohibited Activities and Adding Additional Areas Where Activities are Prohibited. Sec- onded by Lynch. Mo- tion carried 7-0. 5. Code of Ordinances Amendment - Title 5 Transit Advisory Board: City Manager recom- mending approval of an ordinance which re- peals Chapter 1 Transit Advisory Board provi- sions and adopting a new Chapter 1 which establishes the Transit Advisory Board and provides for the pow- ers, operation, mem- bership, meetings and procedure for fare in- rrcncn nr ratio rtinn in sion of 6/24; Library Board of Trustees Up- date of 6/19; Zoning Advisory Commission of 7/2; Zoning Board of Adjustment of 6/24. Upon motion the docu- ments were received and filed. 2. Notice of Claims and Suits: Stacey Duve for vehicle damage, Steve Maker II for vehi- cle damage. Upon mo- tion the documents were received, filed and referred to the City Attorney. 3. Disposition of Claims: City Attorney advising that the fol- lowing claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Steve Duve for vehicle dam- age. Upon motion the documents were re- ceived, filed and con- curred. 4. William D. Hatfield Award: Iowa Water En- vironment Association (IAWEA) announcing that Dubuque Water & Resource Recover Cen- ter Manager Jonathan Brown is the 2014 Re- cipient of the William D. Hattfield Award for outstanding perform- ance and professional- ism in the treatment and maintenance of a wastewater plant. Upon motion the docu- ments were received and filed. 5. Dubuque Jaycees - Radio Dubuque 2015 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 Friday, July 3, 2015 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, 2015. Upon motion the documents were re- ceived, filed and ap- proved. 6. Shelter Plus Care Program Contract: City Manager -recommend- ing approval of a con- tract with the U.S. De- partment of Housing and Urban Develop- ment for administra- tion of the Shelter Plus Care Program. Upon motion the documents were received, filed and approved. 7. 2115 Sunnyview Drive - Agreement and Acceptance of Storm Sewer Easement: City Manager recommend- ing approval of an agreement and accept- ance of a storm sewer easement from James E. and Kristine E. Noon- an for a proposed storm sewer reloca- tion. Upon motion the documents were re- ceived and filed and Resolution No. 207-14 Approving a Memoran- dum of Agreement for Construction of a Storm Sewer and Ac- cepting a Grant of Easement for Storm Sewer Through, Over and Across a Part of the Southerly 99 Feet of Lot 92 in Finley's Ad- dition to the City of Du- buque, Dubuque, Iowa, was adopted. 8. Workers' Compen- sation Excess Insur- ance Renewal Fiscal Year 2015: City Manag- er recommending ap- proval of the renewal rate submitted by Safety National for Fis- cal Year 2015 Workers' Compensation Excess Insurance. Upon mo- tion the documents were received, filed and approved. 9. Iowa Department of Transportation - De- tours Agreement: Iowa Department of Trans- portation (IDOT) sub- mitting an agreement for use of local agency roads as detours dur- ing the construction of the Intermodal Trans- portation Center. Upon motion the documents were received, filed and approved. 10. Collective Bargain- ing Agreement - Dubu- que Professional Fire- fighter's Association #353: City Manager re- questing that the City Council receive and file the arbitration award between the City of Dubuque and the Du- buque Professional Firefighters Associa- tion, Local #353, effec- tive July 1, 2014 through June 30, 2015. Upon motion the docu- ments were received and filed. 11. Collective Bargain- ing Agreement Team- sters Local 120 (Bus Operators): City Man- ager recommending approval of an Amend- ment to the Collective Bargaining agreement between the City and Dubuque and the Teamster Local Union No. 120 (Bus Opera- tors). Upon motion the documents were re- raivPri_ filed and an- ments were received and filed and Resolu- tion No. 209-14 Approv- ing the acquisition of real estate owned by Robert F. Klauer in the City of Dubuque was adopted. 14. 2014 Access Ramp Installation Project Phase 2 - Award: City Manager recommend- ing that the award for the 2014 Access Ramp Installation Project - Phase 2 be officially re- corded in the minutes of the City Council. Upon motion the docu- ments were received, filed and made a Mat- ter of Record. 15. Community Devel- opment Block Grant (CDBG) 2014 Curb Ac- cess Ramp Installation Project Award: City Manager recommend- ing that the award for the 2014 CDBG Curb Access Ramp Installa- tion Project be official- ly recorded in the mi- nutes of the City Coun- cil. Upon motion the documents were re- ceived, filed and made a Matter of Record. 16. Harvest Kitchen and Bar - Request for Release of Community Development Block Grant (CDBG) Funds: City Manager recom- mending approval of a resolution authorizing the Request Release of Funds for the proposed Economic Development Financial Assistance Program Community Development Block Grant loan to Harvest Kitchen and Bar. Upon motion the documents were received and filed and Resolution No. 210- 14 Authorizing Request for release of Com- munity Development Block Grant funds for Economic Development Financial Assistance Program - Harvest Kitchen and Bar 17. Harvest Kitchen and Bar - CDBG Loan Agreement: City Man- ager recommending approval of a forgiva- ble loan through the Community Develop- ment Block Grant (CDBG) Economic De- velopment Loan Pro- gram to the owners of Harvest Kitchen and Bar, a new business to be located in the Schmid Innovation Center at 955 Washing- ton Street. Upon mo- tion the documents were received and filed and Resolution No. 211- 14 Approving a Com- munity Development Block Grant Loan Agreement for One Hundred Seventy -Five Thousand Dollars ($175,000) for Harvest Kitchen and Bar was adopted. 18. Pre -Annexation Agreement - Richard M. and Mary Lou Brad- ley: City Manager rec- ommending approval of a pre -annexation agreement with Ri- chard M. and Mary Lou Bradley, property own- ers, in conjunction with their request for appro- val of a Final Plat of Ri- chard Bradley Third Addition in Dubuque County. Upon motion the documents were received and filed and Resolution No. 212-14 Approving a Pre - Annexation Agreement between the City of Dubuque, Iowa and Ri- chard M. and Mary Lou Bradley was adopted, 19. Jule Bus Purchase Acceptance: City Man- ager recommending fi- nal acceptance of a bus as delivered from Hoglund Bus Co., Inc. and establishing the fi- nal contract amount Upon motion the docu- ments were received and filed and Resolu- tion No. 213-14 Accept- ing the Jule bus pur- chase and authorizing the payment of the contract amount to the contractor was adopt- ed. 20. Sisters of Charity of the Blessed Virgin Mary: Correspondence from Sister Teri Hadro, BVM, of the Sister of Charity advising the City that they antici- pate resubmitting their request to rezone property at 1100 Car- mel Drive in the fall of 2014. Upon motion the documents were re- ceived and filed. 21. Dubuque City As- sessors Office: Corre- spondence from Dubu- que City Assessor Rick Engelken advising the City of property tax ap- peals filed with the Io- wa Property Assess- ment Appeal Board for the 2014 assessment. Upon motion the docu- ments were received and filed. 22. College Partner- ship Contracts Fiscal Year 15: City Manager recommending appro- val of the contracts for College/University Transit Partnership with Clarke University, Loras College and Uni- versity of Dubuque for the 2014-2018 sr-hnnl Third Amendment to Agreement with Dubu- que Metropolitan Area Solid Waste Agency. Upon motion the docu- ments were received and filed. 27. Improvement Con- tract and Maintenance Bonds: Portzen Con- struction, Inc., for the E. B. Lyons Expansion Project. Upon motion the documents were received, filed and ap- proved. 28. Alcohol Compli- ance Civil Penalty for Alcohol License Hold- ers - Oky Doky #1: City Manager recommend- ing approval of the Acknowledgment/Set- tlement Agreement for an alcohol compliance violation for Oky Doky #1, 250 W. 1st Street. Upon motion the docu- ments were received, filed and approved. 29. Tobacco Compli- ance - Civil Penalty for Tobacco License Hold- ers - Oky Doky #1: City Manager recommend- ing approval of the Acknowledgement/Set tlement Agreement for a tobacco compliance violation for Oky Doky #1, 250 W. 1st Street. Upon motion the docu- ments were received, filed and approved. 30. Alcohol Compli- ance Civil Penalty for Alcohol License Hold- ers - Murph's South End Tap: City Manager recommending appro- val of the Acknow- ledgment/Settlement Agreement for an alco- hol compliance viola- tion for Murph's South End Tap 55 Locust Street. Upon motion the documents were received, filed and ap- proved. 31. Alcohol and To- bacco License Applica- tions: City Manager recommending appro- val of annual liquor, beer, wine and tobacco licenses as submitted. Upon motion the docu- ments were received and filed and Resolu- tion No. 214-14 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. 215- 14 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 Con- nors. Motion carried 7-0. 1. Elm Street Parking Lot Project: City Man- ager recommending in- itiation of the public bidding process for the construction of the Elm Street Parking Lot Proj- ect, and further recom- mends that a public hearing be set for Au- gust 4, 2014. Upon mo- tion the documents were received and filed and Resolution No. 216- 16Preliminary 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 August 4, 2014 in the Historic Federal Building. 2. SRF Green Alley Project Bid Set 2 - Year 2: City Manager recom- mending initiation of the public bidding process for the SRF Green Alley Bid Set 2 - Year 2 Project, and fur- ther recommends that a public hearing be set for August 18, 2014. Upon motion the docu- ments were received and filed and Resolu- tion No. 217-14 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; Resolu- tion No. 218-14 Approv- ing the plats, Schedule of Assessments and es- timate of -total cost for the SRF Green Alley Bid Set 2 - Year 2 Project; Resolution No. 219-14 Resolution of Necessity for the SRF Green Alley Bid Set 2 - Year 2 Proj- ect and Resolution No. 220-14 Fixing date of public hearing on Reso- lution of Necessity were adopted setting a public hearing for a meeting to commence at 6c30 n.m. on Alienist I.VUe - rayuay Lei IUCI D. Proof of publication on notice of public hear- ing to consider a re- quest by the City of Du- buque to amend Sec- tion 16-7, of the Unified Development Code - Supplemental Use Reg- ulations, by adding a new Section 16-7.5 Pay Day Lending Establish- ments and adding siting requirements and the Zoning Adviso- ry Commission recom- mending approval. Mo- tion by Jones to receive and file the documents and that the require- ment that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 46-14 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by Amending Article 16-7 Supplemental Use Reg- ulations by Adding a New Section 7-5 Titled Pay Day Lending Estab- lishments and Estab- lishing Regulations to Their Location in the Community. Seconded by Braig. Motion car- ried 7-0. 2. Code of Ordinances Amendment Title 16 - Unified Development Code Keeping of Hens: Proof of publication on notice of public hear- ing to consider a re- quest by the City of Du- buque to amend the Unified Development Code to allow the keeping of Hens for Egg Production as an accessory use in resi- dential districts and the Zoning Advisory Commission recom- mending approval. Mo- tion by Jones to receive and file the documents and that the require- ment that a proposed ordinance be consid- ered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be sus- pended. Seconded by Braig. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 47-14 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by Amending Article 16-8- 5.10 Conditional Uses by Eliminating the Keeping of Hens and Amending Articles 16- 5-2.3 (R-1), 16-5-3.3 (R- 2), 16-5-4.3 (R-2a), 16- 5-5.3 (R-3), and 16-5-6.3 (R-4) to Allow the Keeping of Hens for Egg Production as an Accessory Use in Resi- dential Districts. Sec- onded by Connors. Mo- tion carried 7-0. 3. Code of Ordinances Amendment - Title 16 Unified Development Code Definitions: Proof of publication on no- tice of public hearing to consider a request by the City of Dubuque to amend Section 16-2- 3 of the Unified Devel- opment Code to re- move the definition of disability and to rede- fine the definition of family to include a ref- erence to City Code Chapter 8-1.1 defining disability and the Zon- ing Advisory Commis- sion recommending approval. 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. Planning Serv- ices Manager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Connors for final consideration and passage of Ordinance No. 48-14 Amending Ti- tle 16 of the City of Du- buque Code of Ordi- nances, Unified Devel- opment Code, by Amending Article 16-2 - 3 by Eliminating the Definition of Disability and to Modify the Defi- nition of Family to In- clude a Reference to City Code Chapter 8- 01.1 Defining Disability. Seconded by Jones. Motion carried 7-0. 4. Southwest Arterial Right -of -Way Property Acquisition: Proof of publication on notice of public hearing to consider the City's in- tent to acquire, or con- demn if necessary, property for the South- west Arterial Project, p.IU„UC, R.e ,lull, rruyl, McFadden. Motion by Jones to receive and file the documents and adopt Resolution No. 222-14 Establishing the fair market value of re- al property for the ex- tension of public utilit- ies to the DubuqueRe- gional Airport, direct- ing good faith negotia- tions for the acquisi- tion of property and authorizing the com- mencement of eminent domain proceedings, if necessary, to acquire property. Seconded by Braig. Hugh McFadden, 10618 Cedar Point Ct., spoke in opposition to the project stating that he believed the City was first obligated to complete the utilities extension at the end of Pennsylvania Avenue. City Manager Van Milligen stated that Mr. McFadden was ad- dressing a private property sewer exten- sion and that this is a public improvement project. Motion carried 7-0. 6. Iowa Department of Natural Resources - Mines of Spain Lease Agreement: Proof of publication on notice of public hearing to consider an amended agreement between the City of Dubuque and the Iowa Depart- ment of Natural Re- sources to add the E.B. Lyons Interpretive Area Addition (Bottoms Farm) to the City's lease with the Iowa De- partment of Natural Resources and the City Manager recommend- ing approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 223-14 Authorizing Second Amendment of Lease Agreement with Iowa Department of Natural Resources for the E.B. Lyons Interpre- tive Area Addition. Seconded by Connors. Charles Winterwood, 1555 Montrose Terrace, spoke in favor of the recommendation. Mo- tion carried 7-0. 7. Chaplain Schmitt Is- land Master Plan: Proof of publication on no- tice of public hearing to consider approval of the Chaplain Schmitt Island Master Plan and the City Manager rec- ommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 224-14 Adopting the Chaplain Schmitt Island Master Plan. Seconded by Jones. Andrew Dresd- ner of Cunningham Group provided a slide presentation of the project overview. Ken Guinter, President of the Mississippi Walleye Club, asked the City Council to consider parking issues at the Hawthorne Boat Ramp that he stated are in- creasing on summer weekends. Charles Winterwood, 1555 Montrose Terrace, questioned developing land that is not flood protected and asked if the project had re- ceived approval from the Long Range Plan- ning Advisory Commis- sion. Motion carried 7-0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS 1. Sustainable Dubu- que Community Grant Program Recommen- dations: City Manager recommending appro- val for funding of nine- teen Sustainable Dubu- que Community grant applications. Motion by Lynch to receive and file the documents and approve the recom- mendation. Seconded by Jones. Motion car- ried 7-0. 2. Smarter Travel Project Local Match: City Manager recom- mending approval of local funds to match the Iowa Department of Transportation's ICAAP funds to imple- ment the IBM Smarter Travel project. Motion by Jones to receive and file the documents and approve the recom- mendation. Seconded by Connors. Motion carried 7-0. 3. Jule Transit Facility Roof & Sprinkler Repair Project Award: This item was removed from the agenda at the request of the City Manager. 4. Code of Ordinances Amendment - Title 10 Motorized Personal Watercraft: City Man- ager recommending amending City Ordi- nance Section 10-7-13 to add motorized per- sonal watercraft oper- ation to the list of pro- hibited activities, as well as add additional areas where activities are prohibited. Motion by Connors to receive and file the documents and that the require- ment that a proposed Jones 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 Connors. Motion car- ried 7-0. Motion by Jones for fi- nal consideration and passage of Ordinance No. 50-14 Amending City of Dubuque Code of Ordinances Title 5 Transit System by Repealing Chapter 1 Transit Advisory Board; General Provisions and Adopting a New Chap- ter 1 Transit Advisory Board in Lieu Thereof Establishing the Trans- it Advisory Board and Providing for the Pow- ers, Operation, Mem- bership, Meetings, and Procedure for Fare In- crease or Reduction in Service. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol and Coun- cil Member Connors paid tribute to former Council Member Ann Michalski, who passed away on July 17, 2014. Council Member Jones reported on Sen- ator Tom Harkin's Leg- acy Tour, which stop- ped in Dubuque. CLOSED SESSION Motions by Jones to convene in closed ses- sion at 8:24 p.m. to dis- cuss pending litigation and 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 the City Council reconvened in open session at 9:26 p.m. stating that staff had been given proper- ty direction. There being no fur- ther business, the City Council adjourned at 9:27 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk It 7/30 outstanding perrorm- uwdill w�...i �.,• ance and professional- City Manager recom- ism in the treatment mending approval of a and maintenance of a resolution authorizing wastewater plant. the Request Release of Upon motion the docu- Funds for the proposed ments were received Economic Development and filed. Financial Assistance 5. Dubuque Jaycees- Program.. Community Radio Dubuque 2015 Development Block Fireworks Request: Grant loan to Harvest Correspondence from Kitchen and Bar. Upon Thomas Parsely, Gen- motion the documents eral Manager of Radio were received and filed Dubuque and on behalf and Resolution No. 210- of the Dubuque Jay- 14 Authorizing Request cees, requesting per- for release of Com- mission to conduct a munity Development fireworks display on Block Grant funds for Friday, July 3, 2015 Economic Development from 9:00 p.m. to 10:30 Financial Assistance p.m. on Volunteer Road Program - Harvest between Hawthorne Kitchen and Bar and Lime Streets with 17. Harvest Kitchen a rain date of July 4, and Bar - CDBG Loan 2015. Upon motion the Agreement: City Man - documents were re- ager recommending ceived, filed and ap- approval of a forgiva- provedble loan through the 6. Shelter Plus Care Community Develop- ing applications for and that the require - Program Contract: City ment Block Grant beer, liquor, and/or ment that a proposed Manager 'recommend- (CDBG) Economic De- wine permits, as re- ordinance be consid- ing approval of a con- velopment Loan Pro- quired by City of Dubu- ered and voted on for tract with the U.S. De- gram to the owners of que Code of Ordinan- passage at two Council partment of Housing Harvest Kitchen and ces Title 4 Business meetings prior to the and Urban Develop- Bar, a new business to and License Regula-at which it is ment for administra- be located in the Lions, Chapter 2 Liquor to be passed be sus- tion of the Shelter Plus Schmid Innovation Control, Article B Liq- pended. Seconded by Care Program. Upon Center at 955 Washing- uor, Beer and Wine Li- Braig. Planning Serv- motion the documents ton Street. Upon mo- tenses and Permits; ices Manager Laura were received, filed tion the documents and Resolution No. 215- Carstens provided a and approved. were received and filed 14 Approving applica- staff report. Motion 7. 2115 Sunnyview and Resolution No. 211- tions for retail ciga- carried 7-0. Drive - Agreement and 14 Approving a Com- rette/tobacco sales Motion by Jones for fi- Acceptance of Storm munity Development permits, as required by nal consideration and Sewer Easement: City Block Grant Loan Iowa Code 453A.47A passage of Ordinance Manager recommend- Agreement for One were adopted. No. 47-14 Amending Ti- ing approval of an Hundred Seventy -Five ITEMS TO BE SET FOR tle 16 of the City of Du - agreement and accept- Thousand Dollars PUBLIC HEARING buque Code of Ordi- ance of a storm sewer ($175,000) for Harvest Motion by Lynch to nances, Unified Devel- easement from James Kitchen and Bar was receive and file the E. and Kristine E. Noon- adopted. documents, adopt the opment Code, byAmending Article 16-8- an for a proposed 18. Pre -Annexation resolutions, set the 5.10 Conditional Uses storm sewer reloca- Agreement - Richard public hearings as indi- by Eliminating the Club, asked the City 'tion. Upon motion the M. and Mary Lou Brad- cated, and direct the Keeping of Hens and Council to consider documents were re- ley: City Manager rec- City Clerk to publish Amending Articles 16- parking issues at the ceived and filed and ommending approval notice as prescribed by 5-2.3 (R-1), 16-5-3.3 (R- Hawthorne Boat Ramp Resolution No. 207-14 of a pre -annexation Jaw. Seconded by Con- 2), 16-5-4.3 (R-2a), 16- that he stated are in - Approving a Memoran- agreement with Ri- nors. Motion carried 7-0. 5-5,3 (R-3), and 16-5-6.3 creasing on summer dum of Agreement for chard M. and Mary Lou 1. Elm Street Parking (R-4) to Allow the weekends. Charles Construction of a Bradley, property own- Lot Project: City Man- Keeping of Hens for Winterwood, 1555 Storm Sewer and Ac- ers, in conjunction with ager recommending in- Egg Production as an Montrose Terrace, cepting a Grant of their request for appro- itiation of the public Accessory Use in Resi- questioned developing Easement for Storm val of a Final Plat of Ri- bidding process for the dential Districts. Sec- land that is not flood Sewer Through, Over chard Bradley Third construction of the Elm onded by Connors. Mo- protected and asked if and Across a Part of Addition in Dubuque Street Parking Lot Proj- tion carried 7 0. the project had re - the Southerly 99 Feet County. Upon motion ect, and further recom- 3. Code of Ordinances ceived approval from of Lot 92 in Finley's Ad- the documents were mends that a public Amendment - Title 16 the Long Range Plan- dition to the City of Du- received and filed and hearing be set for Au- Unified Development ning Advisory Commis- buque, Dubuque, Iowa, Resolution No. 212-14 gust 4, 2014. Upon mo- Code Definitions: Proof sion. Motion carried 7-0. was adopted. Approving a Pre- tion the documents of publication on no- Upon motion the rules 8. Workers' Compen- Annexation Agreement were received and filed tice of public hearing were reinstated limit- ance Renewal Fiscal Dubuque, Iowa and Ri- 16Preliminary approval sation Excess Insur- between the City of and Resolution No. 216 to consider a request ing discussion to the by the City of Dubuque City Council. Year 2015: City Manag- chard M. and Mary Lou of plans, specifications, to amend Section 16-2-ACTION ITEMS er recommending ap-Bradley was adopted, form of contract, and 3 of the Unified Devel- 1. Sustainable Dubu- proval of the renewal 19. Jule Bus Purchase estimated cost; setting opment Code to re-que Community Grant rate submitted by Acceptance: City Man date of public hearing move the definition of Program Recommen- Safety National for Fis- ager recommending fi- on plans, specifica- disability and to rede- dations: City Manager cal Year 2015 Workers' nal acceptance of a tions, form of contract, fine the definition of recommending appro- Compensation Excess bus as delivered from and estimated cost; family to include a ref-val for funding of nine - Insurance. Upon mo-Hoglund Bus Co., Inc. and ordering the ad-erence to City Code teen Sustainable Dubu- tion the documents and establishing the fi- vertisement for bids Chapter 8-1.1 defining que Community grant were received, filed nal contract amount was adopted setting a disability and the Zon- applications. Motion by and approved. Upon motion the docu- public hearing for a ing Advisory Commis- Lynch to receive and 9. Iowa Department of ments were received meeting to commence sion recommending file the documents and tours Agreement: Iowa tion No. 213-14 Accept -approval. Motion by approve the recom 4, 2014 in the Historic Connors to receive and mendation. Seconded Transportation - De- and filed and Resolu- at 6:30 p.m. on August Department of Trans- ing the Jule bus pur- Federal Building. file the documents and by Jones. Motion car- portation (IDOT) sub- chase and authorizing 2. SRF Green Alley that the requirement ried 7 0. mitting an agreement the payment of the Project Bid Set 2 - Year that a, proposed ordi- 2. Smarter Travel for use of local agency contract amount to the 2: City Manager recom- Hance be considered Project Local Match: roads as detours dur- contractor was adopt- mending initiation of and voted' on for pas- City Manager recom ing the construction of ed. the public bidding sage at two Council mending approval of the Intermodal Trans- 20. Sisters of Charity process for the SRF . portation Center. Upon of the Blessed Virgin Green Alley Bid Set 2 meetings prior to the local funds to match meeting at which it is the Iowa Department motion the documents Mary: Correspondence Year 2 Project, and fur- to be passed be sus of Transportation's were received, filed from Sister Teri Hadro, ther recommends that pended. Seconded by ICAAP funds to imple- and approved. BVM, of the Sister of a public hearing be set 10. Collective Bargain -Jones. Planning Serv- ment the IBM Smarter Charity advising the for August 18, 2014. Ices Manager Laura Travel project. Motion ing Agreement - Dubu- City that they antici- Upon motion the docu- Carstens provided a by Jones to receive and que Professional Fire- pate resubmitting their ments were received staff report. Motion file the documents and fighter's Association request to rezone and filed and Resolu carried 7-0. approve the recom #353: City Manager re- property at 1100 Car- tion No. 217-14 Prelimi- Motion by Connors for mendation. Seconded questingfinal consideration and by Connors. Motion that the City mel Drive in the fall of nary approval of plans, Council receive and file 2014. Upon motion the specifications, form of the arbitration award documents were re- contract, and estimat- passage of Ordinance carried 7-0. 48-14 Amending Ti- 3. Jule Transit Facility between the City of ceived and filed. ed cost; setting date of tle 16 of the City of Du- Roof & Sprinkler Repair Dubuque and the Du- 21. Dubuque City As- public hearing on buque Code of Ordi- Project Award: This buque Professional sessors Office: Corre- plans, specifications, nances, Unified Devel- item was removed Firefighters Associa- spondence from Dubu- form of contract, and opment Code, by from the agenda at the tion, Local #353, effec- que City Assessor Rick estimated cost; and ot- Amending Article 16-2 - request of the City tive July 1, 2014 Engelken advising the dering the advertise- 3 by Eliminating the Manager. through June 30, 2015. City of property tax ap- ment for bids; Resolu- Definition of Disability 4. Code of Ordinances and to Modify the Defi- Amendment Title 10 Upon motion the docu- peals filed with the lo- tion No. 218-14 Approv- and filed. ment Appeal Board for of Assessments and es- ments were received wa Property Assess- ing the plats, Schedule nition of Family to In- Motorized Personal elude a Reference to Watercraft: City Man- 11. Collective Bargain -the 2014 assessment. timate of -total cost for City Code Chapter 8- ager recommending sters Local 120 (Bus ments were received Set 2 ing Agreement Team- Upon motion the docu- the SRF Green Alley Bid 01.1 Defining Disability. amending City Ordi- Year 2 Project; Seconded by Jones. nance Section 10-7-13 Operators): City Man- and filed. Resolution No. 219-14 Motion carried 7-0. to add motorized per- ager recommending 22. College Partner- Resolution of Necessity 4. Southwest Arterial sonal watercraft oper- approval of an Amend- ship Contracts Fiscal for the SRF Green Alley Right -of -Way Property ation to the list of pro- ment to the Collective Year 15: City Manager Bid Set 2 - Year 2 Proj- Acquisition: Proof of hibited activities, as Bargaining agreement recommending appro- ect and Resolution No. publication on notice well as add additional between the City and val of the contracts for 220-14 Fixing date of of public hearing to areas where activities Dubuque and the College/University public hearing on Reso- consider the City's in- are prohibited. Motion Teamster Local Union Transit Partnership lution of Necessity tent to acquire, or con- by Connors to receive No. 120 (Bus Opera- with Clarke University, were adopted setting a demn if necessary, and file the documents tors). Upon motion the Loras College and Uni- public hearing for a property for the South- and that the require - documents were re- versity of Dubuque for meeting to commence west Arterial Project, ment that a proposed proved. year. Upon motion the 18, 2014 in the Historic ceived, filed and ap- the 2014-2015 school at 6:30 p.m. on August and the City Manager ordinance be consid recommending appro- ered and voted on for 12. Property Acquisi- documents were re -Federal Building. val. Correspondence passage at two Council tion - 420 Garfield Ave- ceived, filed and ap- filed away on JUIy l/ LUl4 Council Member Jones reported on Sen- ator Tom Harkin's Leg- acy Tour, which stop- ped in Dubuque. CLOSED SESSION Motions by Jones to convene in closed ses- sion at 8:24 p.m. to dis- cuss pending litigation and 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 the City Council reconvened in open session at 9:26 p.m. stating that staff had been given proper- ty direction. There being no fur- ther business, the City Council adjourned at 9:27 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 1t 7/30