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WESTERMEYER '~+: ~ommissicn Rumber 154885 My Comm Fxq FE©. 1, 2011 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: February 27, 2008, and for which the charge is $277.38. Subscribe • t. before me, a N Public in and for Dubu ue County, Iowa, th'� i /� day o 20M . tary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm Fxr). FEB. 1, 2011 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Coun- cil met in regular session at 6:30 p.m. on Monday, February 18, 2008, in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen; City Attorney Lindahl Mayor Buol read the call and stated this is a regular session called for the pur- pose of discussing such matters which may proper- ly come before the City Council. Invocation was provided by Rick Mihm of the Dubu- que Rescue Mission. PROCLAMATIONS Friendship Force Day (March 1, 2008) was ac- cepted by Gail Noel, 2104 Bennett Street, and Phyllis Lee, 520 S. Grandview Avenue. CONSENT ITEMS Motion by Connors to re- ceive and file the docu- ments and dispose of as indicated. Seconded by Braig. Lynch requested (#4) East-West Corridor Study be held for separate discussion. Connors re- quested (#12) Center on Sustainable Communities Certified Sustainable Pro- fessional held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Com- mission of 12/17; City Council of 2/4 and 2/11; Human Rights Commis- sion of 1/14; Zoning Advi- sory Commission of 1/30; Zoning Board of Adjust- ment of 1/24 Proof of publication of City Council Proceedings for January 22, 2008 Printed City Council Pro- ceedings for 2006 Upon motion the docu- ments were received and filed and approved as printed. Notice of Claims/Suits: Rosemarie Orbell for vehi- cle damage; Ben Often for vehicle damage; Katherine E. Kluesner vs. City of Du- buque; Kyle Coohey for vehicle damage. Upon mo- tion the documents were received and filed and re- ferred to the City Attorney. City Attorney advising that the following claims have been referred to Pub- lic Entity Risk Services of lowa, the agent for the Io- wa Communities Assur- ance Pool: Rosemarie Orbell for vehicle damage. Upon motion the docu- ments were received, filed, and concurred. ` Bunker Hill Golf Course Management Agreement: City Manager recommend- ing approval of the man- agement agreement with G.M.S., Inc., (George Stephenson) for the Bunk- er Hill Golf Course for the period beginning March 1 through November 30, 2008. Upon motion the documents were received, filed, and approved. East-West Corridor Con- nectivity Study: City Man- ager recommending ap- proval of the selection of HDR for engineering serv- ices to complete the East - West Corridor Connectivity Study. Motion by Lynch to receive and file the docu- ments and approve. Seconded by Jones. Lynch asked if there was a plan of action and what the impact on Asbury Road would be. Assistant City Engineer Bob Schiesl responded saying that As- bury Road is the first corri- dor to be studied with pos- sible intersection and turn lanes being recommend- ed. The study is expected to yield master plan ideas that can be implemented 20-30 years out. It will in- clude the study of some north-west corridors as they relate to east and west routes. Braig stated that this issue arises often with her constituents and is more than just adding lights. Van Milligen added that the resurfacing of As- bury Road is in the Public Works Department's short- term plan to resurface 10 miles of City. roads per year. Some of Asbury Road will be done this coming summer, and it will be evaluated against re- sults of the study. Motion carried 7-0. Payment Enhancements for Ambulance Service: City Manager recommend- ing approval of additional alternatives for paying am- bulance bills through website access and use of credit and debit cards. Upon motion the docu- ments were received, filed, and approved. Port of Dubuque Adams Development, LLC: City Manager recommending approval of the Assign- ment of Development Agreement between the City of Dubuque, Port of Dubuque Adams Develop- ment, LLC and the Durrant Group, LLC to Dubuque Bank and Trust Company. Upon motion the docu- ments were received, filed, anti annrnvari filed and Resolution No. 57-08 Approving residen- tial property tax exemption applications submitted by property owners in recog- nized urban revitalization areas and authorizing the transmittal of the approved applications to the City As- sessor was adopted. Arts and Cultural Enter- tainment District: City Manager recommending approval of submitting a request to the Iowa De- partment of Cultural Affairs for expansion of the Arts and Cultural Entertainment District to include the Warehouse District. Upon motion the documents were received and filed and Resolution No. 58-08 Expanding the Dubuque Arts and Cultural Enter- tainment District was adopted. Washington Court/Cres- cent Community Health Center - Warranty Deed: City Manager recommend- ing acceptance of the war- ranty deed from Washing- ton Court, L.P., and Pine Box, L.L.L.P., relatedto the property exchange for the parking lot of the Cres- cent Community Health Center project. Upon mo- tion the documents were received and filed and Resolution No. 59-08 Ac- cepting the deed to certain real estate in Dubuque County, Iowa from Wash- ington Court, L.P. and Pine Box, L.L.L.P. was adopted. Center on Sustainable Communities , - Certified Sustainable Professional: City Manager advising that Building Services Manager Rich Russell has passed the Building and Sustaina- ble Iowa Workshop test and is now a "COSC Certi- fied Sustainable Professio- nal." Motion by Connors to receive and file the docu- ments. Seconded by Jones. Connors congratu- lated Rich Russell on his certification. Motion car- ried 7-0. Liquor License Transfer: Application of the Julien Inn to temporarily transfer their liquor license from , 200 Main Street to 700 White Street on February 19, 2008. Upon motion the documents were received, filed, and approved. Liquor License Refunds:. Request of Kevin Sey- mour, Rudy's Tacos, for a refund of Liquor License #LC0034830 in the amount of $422.50. Request of Carroll's Wine Company for a refund of Liquor License I #BW0092187 in the amount of $253.13. • Request of Pat Broessel, Corner Tap, for a refund of Liquor License #LC25829 in the amount of $211.25. Upon motion the docu- ments were received, filed, and approved. Liquor License Applica- tions: City Manager rec- ' ommending approval of annual liquor license re- newals as submitted. Upon motion the docu- ments were received and ' filed and Resolution No. 60-08 Granting the issu- ance of a Class "C".Beer Permit to Econo Foods, Lee's 76 West Locust Mart, Hy-Vee Gas #3 and Hy-Vee #3; and Resolution No. 61-08 Granting the is- suance of a Class "C" Beer/Liquor License to Gin Rickeys, Isabella's at the Ryan House, Bootleggers Pub, The Club House, Tony's Place, Dubuque Mining Company, and Mr. Rogers Pub; Special Class "C" Liquor License to Pusateri's; Class "B" Wine Permit to Econo Foods and Hy-Vee #3; and Class "WBN" Native Wine to Hy- Vee Gas #3 were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments for Items to Be Set #2-#5, set the public hear- ings as indicated, and di- rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Carnegie -Stout Public Li- brary Renovation Project (Tabled on January 22, 2008): Library Board of Trustees recommending initiation of the public bid- ding procedure for the Carnegie -Stout Public Li- brary Renovation Project and that a public hearing be set for March 3, 2008. City Manager recom- mending that the request from the Library Board of Trustees to initiate the public bidding procedure for the Carnegie -Stout Public Library Renovation Project not be approved until the funds have been raised to complete the project. Motion by Connors to re- move from table. Seconded by Braig. Mo- tion carried 7-0. Motion by Connors to re- ceive and file the docu- ments and deny adoption of the resolution. Seconded by Jones. Van Milligen read his recom- mendation into the record. Connors said that it has been stated from the be- ginning that there would was adopted setting a public hearing for a meet- ing to commence at 6:30 p.m. on March 3, 2008, in the Historic Federal Build- ing. Cleveland Avenue Re- construction Project: City Manager recommending preliminary approval of the construction plans and specifications for the Cleveland Avenue Recon- struction Project, using the City standard width for collector streets of 37 feet, approval of the Resolution of Necessity and the Pre- liminary Schedule of As- sessments, and that a public hearing be set for March 3, 2008. Upon mo- tion the documents were received and filed and Resolution No. 63-08 Pre- liminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifi- cations, form of contract, and estimated cost; and ordering bids for the Cleveland Avenue Recon- struction Project; Resolu- tion No. 64-08 Approving the plat, preliminary schedule ofassessments and estimate of total cost and •setting date of public hearing on Resolution of Necessity; and Resolution No. 65-08 Resolution of Necessity for the Cleve- land Avenue Reconstruc- tion Project - Bryant Street to Villa Street were adopt- ed setting a public hearing for a meeting to com- mence at 6:30 p.m. on March 3, 2008, in the His- toric Federal Building. West 32nd Street Deten- tion Basin Project: City Manager recommending initiation of the public bid- ding process for the West 32nd Street Detention Ba- sin Project and that a pub- lic hearing be set for March 3, 2008 to consider approval of the plans and specifications, form of contract and estimated cost. Upon motion the documents were received and filed and Resolution No. 66-08 Preliminary ap- proval of plans, specifica- tions, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and ordering bids for the West 32nd Street De- tention Basin Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 3, 2008, in the His- toric Federal Building. ITC Development Agree- ment: City Manager rec- ommending that a public hearing be set for March 3, 2008 to consider the dis- position of approximately 12.951 acres in Dubuque Industrial Center West to ITC Holdings Corporation and approval of a Develop- ment Agreement. Upon motion the documents were received and filed and Resolution No. 67-08 Resolution of Intent to dis- pose of an interest in City of Dubuque real estate and fixing the date for a public hearing of the City Council of the City of Dubuque, Io- wa on the proposed issu- ance of Urban Renewal Tax Increment Revenue Obligations and the execu- tion of a Development Agreement relating thereto with ITC Holdings Corpo- ration, and providing for the publication of notice thereof was adopted set- ting a public hearing for a meeting to commence at 6:30 p.m. on March 3, 2008, in the Historic Fed- eral Building. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission (Three 3-year terms through February 15, 2011 - Two Low/Moderate In- come Area; One At -Large [Terms of Oliver, Shaw, Craddieth). Applicants: Ann Michalski •(At -Large), David Shaw (Low/Moderate), Janice Craddieth (Low/Moderate). Ann Michalski, 1520 Altura Street, spoke in support of her at -large appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Cable Television Fran- chise Agreement: Proof of publication on notice of public hearing. to consider an amendment to the Ca- ble Television Franchise Agreement to add Sage- ville School to the Institu- tional Network and ap- proving a separate agree- ment between the City, Dubuque Community School District and Mediacom that details the terms of adding Sageville School to the I -Net and City Manager recommend- ing approval. Motion by Connors to receive and file the documents and that the'requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council ACTION ITEMS Medical Associates Clinic / Robert Hartig - Planned Unit Development District (PUD) Amendment (First Reading on February 4, 2008): City Manager pro- viding additional informa- tion on the Medical Asso- ciates Clinic PUD Amend- ment and City Council ac- tions on PUD amendment requests over the past five years. Communications from Tim and Georgia Schmitt, 2575 Donovan Drive; Eric Kaufmann, owner of 3814 Cora Drive; Emily K. Bush and Marcus J. Albers, 3828 Cora Drive; Rick Stumpf, 3840 Cora Drive; Joan Steve, 3910 Cora Drive; Dorothy Stumpf, 3840 Cora Drive; Joe Hallahan, 79 Diagonal Street; Dianne Glanz, 1305 North Grandview; Mary Pat Kerper, 3830 Cora Drive; A.J. Kerper, 240 Devon Drive; and Larry Stumpf in opposition to the proposed rezoning. Motion by Connors to re- ceive and file the docu- ments and to consider this the second reading of an Ordinance Amending Ap- pendix A (the Zoning Ordi- nance) of the City of Dubu- que Code of Ordinances by adopting a revised Planned Unit Development Ordinance for the Medical Associates West Campus Planned Unit Development District and by repealing Ordinances 24-94, 32-96 and 35-99 and which in- cludes the language from Medical Associates de- scribing their proposed conditions of the green space. Planning Services Manager Laura Carstens responded to inquiries by the City Council that there are no conditions attached to this amendment and that two of the City's 24 PUD areas have been amended. This ordinance would be adopted as is, but wording regarding the green space screening could be added if the City Council desired. Jones said he favored adding the specific language provided by Medical Associates for the benefit of the adjacent property owners. Lindahl said that it can be included in the Ordinance for the third reading. Connors clarified a misperception by a citizen that she had visited with a citizen re- garding the zoning issue. She noted that a third - ward citizen contacted her about green space and n was not for or against this O issue. She has spoken with the City Attorney about the issue. Lindahl stated that contact with citizens cannot be pre- "-• vented, and disclosing all communications from citi- ,-rC - zens to the City Clerk for the record is the recom- mended procedure for io zoning issues. Resnick _,,, asked Carstens what the reasons were for changes in the two of the City's previous PUDs and if they had been challenged. Carstens recalled the Du- buque Industrial Center West PUD amendment for the Hormel facility involv- ing the North Siegert Farm for which the adjacent property owners did speak of their concerns. Voetberg stated that he believed Medical Associ- ates has land available elsewhere on its campus that can be utilized, and holding land for use in 20 or 30 years was not a per- suasive argument. Braig said she appreciated hear- ing from the neighbors about their concerns, but the pictures provided by Medical Associates of resi- dents encroaching on its property in terms, of vehi- cle storage and drainage were influential. She said she plans to vote 'to hold Medical Associates to their promise and won't chip away at green space. Buol said he will support the project, and Medical Asso- ciates has provided a good solution that is alsogood for the neighbors. Motion carried 4-3 with Resnick, Voetberg, and Braig voting nay. Dubuque Regional Airport Terminal Relocation Proj- ect: City Manager recom- mending that the fair mar- ket value for property at 10719 Merlin Lane, which is needed for the Dubuque Regional Airport Terminal Relocation Project, be es- tablished at $809,000. Mo- tion by Voetberg to receive and file the documents and .adopt Resolution No. 69-08 Establishing the Fair Market Value of real prop- erty at 10719 Merlin Lane, Dubuque, lowa, owned by Ronald Bradley, Jeffrey Bradley, and Brian Bradley was adopted. Seconded by Connors. Motion car- ried 7-0. Liquor License Applica- tion - Players Bar and Grill: City Manager recommend- ing that the current license for Players Bar and Grill be allowed to continue past the expiration date of March 5, 2008, allowing for a sixty-day review peri- od. Motion by Connors to receive and file the docu- ments and approve. Seconded by Braig. Mo- detailed work and clearly stated information. Motion carried 5-2 with Lynch and Voetberg voting nay. Parking Ordinance: City Manager recommending approval of an ordinance for no parking on the west side of Iowa Street be- tween Sixth and Seventh Streets to accommodate the new KeyLine transfer point, and to add parking meters to the previous site in the 900 block of Main Street. Motion by Jones to receive and file the docu- ments and that the re- quirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 8-08 Amending City of Dubuque Code of Ordinances Sec- tion 32-321.666 Municipal Parking Meter District Es- tablished by amending the north - south streets in the District from Main Street, both sides, between Tenth Street and Loras Boule- vard to Main Street, both sides, between Ninth Street and Loras Boule- vard and the .east - west streets in the District from Ninth Street, south side, between Locust Street and the alley west of Main Street to Ninth Street, south side, between Lo- cust Street and Main Street; and Ordinance No. 9-08 Amending City of Du- buque Code of Ordinances Section 32-321.602 Park- ing Prohibited on Desig- nated Streets or Portions Thereof. Seconded by Braig. Motion carried 7-0. Concealed Weapons Or- dinance: City Manager recommending approval of a revision to the Code of Ordinances regarding car- rying concealed weapons. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspend- ed. Seconded by Connors. Braig questioned if the City's Ordinance would then be easier than the State's. Lindahl said that the City is limited to mis- demeanors and cannot charge for aggravated criminal offenses. Persons can be charged under the State Code. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance No. 10-08 Amending City of Dubuque Code of Ordinances Sec- tion 33-10 Carrying Con- cealed Weapons by add- ing exceptions to such of- fense. Seconded by Con- nors. Motion carried 7-0. Water Pollution Control Plant Work Session: City Manager recommending that the work session re- garding the Water Pollu- tion Control Plant Renova- tion Study upgrade be re- scheduled from March 31, 2008 to April 14, 2008. Motion by Lynch to receive and file the documents and approve. Seconded by Braig. Van Milligen con- firmed that the work ses- sion would be held at the same time with the same structure, which includes a plant tour. Motion carried 7-0. COUNCIL MEMBER REPORTS Braig requested consen- sus on scheduling a future work session regarding the Purchase of Service proc- ess at the next City Coun- cil meeting. Van Milligen will work on' it. Jones said that the back- ground information on Pur- chase of Services that he recently requested from the City Manager could be compiled for use at the work session. CLOSED SESSION Motion by Braig to con- vene in closed session at 7:50 p.m. regarding pend- ing litigation pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Lynch. Motion carried 7-0. Motion by Braig to recon- vene to open session. Seconded by Connors. Motion carried 7-0. Coun- cil reconvened in open session at 8 p.m. stating that staff had been given proper direction. There being no further business, upon motion, City Council adjourned at 8:01 p.m. /s/KevinS. Firnstahl Assistant City Clerk 1t 2/27 y z •• Certified Sustainable Pro- fessional held for separate discussion. Motion carried 7-0. Minutes and Reports Submitted: Airport Com- mission of 12/17; City Council of 2/4 and 2/11; Human Rights Commis- sion of 1/14; Zoning Advi- sory Commission of 1/30; Zoning Board of Adjust- ment of 1/24 Proof of publication of City Council Proceedings for January 22, 2008 Printed City Council Pro- ceedings for 2006 Upon motion the docu- ments were received and filed and approved as printed. Notice of Claims/Suits: Rosemarie Orbell for vehi- cle damage; Ben Otten for vehicle damage; Katherine E. Kluesner vs. City of Du- buque; Kyle Coohey for vehicle damage. Upon mo- tion the documents were received and filed and re- ferred to the City Attorney. City Attorney advising that the following claims have been referred to Pub- lic Entity Risk Services of Iowa, the agent for the Io- wa Communities Assur- ance Pool: Rosemarie Orbell for vehicle damage. Upon motion the docu- ments were received, filed, and concurred. Bunker Hill Golf Course Management Agreement: City Manager recommend- ing approval of the man- agement agreement with G.M.S., Inc., (George Stephenson) for the Bunk- er Hill Golf Course for the period beginning March 1 through November 30, 2008. Upon motion the documents were received, filed, and approved. East-West Corridor Con- nectivity Study: City Man- ager recommending ap- proval of the selection of HDR for engineering serv- ices to complete the East - West Corridor Connectivity Study. Motion by Lynch to receive and file the docu- ments and approve. Seconded by Jones. Lynch asked if there was a plan of action and what the impact on Asbury Road would be. Assistant City Engineer Bob Schiesl responded saying that As- bury Road is the first corri- dor to be studied with pos- sible intersection and turn lanes being recommend- ed. The study is expected to yield master plan ideas that can be implemented 20-30 years out. It will in- clude the study of some north-west corridors as they relate to east and west routes. Braig stated that this issue arises often with her constituents and is more than just adding lights. Van Milligen added that the resurfacing of As- bury Road is in the Public Works Department's short- term plan to resurface 10 miles of City. roads per year. Some of Asbury Road will be done this coming summer, and it will be evaluated against re- sults of the study. Motion carried 7-0. Payment Enhancements for Ambulance Service: City Manager recommend- ing approval of additional alternatives for paying am- bulance bills through website access and use of credit and debit cards. Upon motion the docu- ments were received, filed, and approved. Port of Dubuque Adams Development, LLC: City Manager recommending approval of the Assign- t ment of Development Agreement between the c City of Dubuque, Port of Dubuque Adams Develop- 0 ment, LLC and the Durrant S Group, LLC to Dubuque Bank and Trust Company. Upon motion the docu- C ments were received, filed, b and approved. Teamsters Local Union b No. 421: City Manager rec- L ommending approval of c the Collective Bargaining s Agreement between they p City of Dubuque and the s Teamsters Local Union No. s 421. Upon motion the documents were received and filed and Resolution p No. 56-08 Approving the b Agreement between the z City of Dubuque, Iowa and p the Teamsters Local Union J No. 421 and authorizing e the Mayor to sign the th Agreement was adopted. Historic Preservation le Commission: Michael Coty ed submitting his resignation m from the Historic Preserva- he tion Commission, effective tia Upon motion re the documents were re- ad ceived and filed and the ca resignation accepted. 2007 Urban Revitalization LL Program Applications: City m Manager recommending he approval of 2007 Urban 20 Revitalization Program ap- po plications for residential to property tax exemption. LLC Upon motion the docu- do ments were received and M do a a� au anu [lieu Resolution No. 59-08 cepting the deed to cert real estate in Dubu County,Iowa from Wa ington Court, L.P. and P Box, L.L.L.P. was adopt Center on Sustaina Communities - Certifi Sustainable Professio City Manager advising t Building Services Man Rich Russell has pass the Building and Sustai ble Iowa Workshop t and is now a "COSC Ce fied Sustainable Profess nal.° Motion by Connors receive and file the do ments. Seconded Jones. Connors congra Rich Russell on certification. Motion c ried 7-0. Liquor License Transf Application of the Juli Inn to temporarily trans their liquor license fro 200 Main Street to 7 White Street on Februa 19, 2008. Upon motion t documents were receive filed, and approved. Liquor License Refund Request of Kevin Se mour, Rudy's Tacos, for refund of Liquor Licen #LC0034830 in t J amount of $422.50. Request of Carroll's Wi Company for a refund Liquor Licen I #BW0092187 in t amount of $253.13. Request of Pat Broess Corner Tap, for a refund I. Liquor License #LC2582 in the amount of $211.25. Upon motion the doc ments were received, file and approved. Liquor License Applic tions: City Manager re ommending approval annual- liquor license newals as submitte : Upon motion the docu ments were received an • filed and Resolution No 60-08 Granting the issu ance of a Class "C" ,Bee Permit to Econo Food Lee's 76 West Locust Mart, Hy-Vee Gas #3 and Hy-Vee #3; and Resolutio No. 61-08 Granting the is suance of a Class "C Beer/Liquor License to Gi Rickeys, Isabella's at th Ryan House, Bootlegger Pub, The Club House Tony's Place, Dubuqu Mining Company, and Mr Rogers Pub; Special Clas "C" Liquor License t Pusateri's; Class "B" Win Permit to Econo Food and Hy-Vee #3; and Clas "WBN° Native Wine to Hy Vee Gas #3 were adopted. ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to re ceive and file the docu ments for Items to Be Set #2-#5, set the public hear ings as indicated, and di rect the City Clerk to pub- lish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Carnegie -Stout Public Li- brary Renovation Project (Tabled on January 22, 2008): Library Board of Trustees recommending initiation of the public bid- ding procedure for the Carnegie -Stout Public Li- brary Renovation Project and that a public hearing be set for March 3, 2008. City Manager recom- mending that the request from the Library Board of Trustees to initiate the public bidding procedure for the Carnegie -Stout Public Library Renovation Project not be approved until the funds have been raised to complete the project. Motion by Connors to re- move from table. Seconded by Braig. Mo- ron carried 7-0. Motion by Connors to re- eive and file the docu- ments and deny adoption f the resolution. econded by Jones. Van Milligen read his recom- mendation into the record. onnors said that it has een stated from the be - inning that there would e no City funding until the ibrary's fundraising was omplete. She could not upport going to bid with a roject that is $2 million hort in funding. Voetberg tated that he is bothered by putting City assets up as collateral and that the roperty cited by the Li- rary belongs to the citi- ens and is not the private roperty of the Library. ones said that although veryone is excited about e project, he cannot sup- ort mortgaging assets to verage money. Buol stat- that there was too uch money in play and was not in favor of ini- tingabidding. Motion to ceive and. file and deny option of the resolution rried 7-0. Iowa Wireless Services, C: City Manager recom- ending that a public aring be set for March 3, 08 to consider a pro- sed lease of space to wa Wireless Services, for a telecommunica- n antenna facility in dison Park. Upon mo- n the documents were received and filed and Resolution No. 62-08 Res- olution of Intent to dispose of an interest in real prop- erty owned by the City of Dubuque by lease agree- ment between the City of Dubuque, Iowa and Iowa Wireless Services, LLC for the installation and opera- tion of a wireless telecom- munication antenna facility a anu nearing on HeSOIM10n Ac- Necessity; and Resoluti ain No. 65-08 Resolution que Necessity for the Clev sh- land Avenue Reconstru ine tion Project - Bryant Stre ed. to Villa Street were adop ble ed setting a public hearin ed for a meeting to co nal: mence at 6:30 p.m. o hat March 3, 2008, in the Hi ager toric Federal Building. ed West 32nd Street Dete na- tion Basin Project: Ci est Manager recommendin rti- initiation of the public bi io- ding process for the We to 32nd Street Detention B du- sin Project and that a pu by lic hearing be set f tu- March 3, 2008 to consid his' approval of the plans an ar- specifications, form contract and estimate er: cost. Upon motion th en documents were receive fer and filed and Resolutio m No. 66-08 Preliminary ap 00 proval of plans, specifica ry tions, form of contract, an he estimated cost; settin d, date of public hearing o plans, specifications, for s:. of contract, and estimate yr cost; and ordering bids fo a the West 32nd Street De se tention Basin Project w he adopted setting a publi hearing for a meeting ne commence at 6:30 p.m. o of March 3, 2008, in the His se toric Federal Building. he ITC Development Agree ment: City Manager rec el, ommending that a publi of hearing be set for March 3 9 2008 to consider the dis position of approximate) u- 12.951 acres in Dubuque d, Industrial Center West to ITC Holdings Corporation a- and approval of a Develop c- ment Agreement. Upon of motion the documents re- were received and filed d. and Resolution No. 67-08 - Resolution of Intent to dis- d pose of an interest in City of Dubuque real estate and - fixing the date for a public r hearing of the City Council s, of the City of Dubuque, lo- t wa on the proposed issu- ance of Urban Renewal n Tax Increment Revenue - Obligations and the execu- • tion of a Development n Agreement relating thereto e with ITC Holdings Corpo- s ration, and providing for the publication of notice e thereof was adopted set- . ting a public hearing for a s meeting to commence at O 6:30 p.m. on March 3, e 2008, in the Historic Fed- s eral Building. s BOARDS/COMMISSIONS - Applicants were invited to address the City Council regarding their desire to serve on the following - Boards/Commissions: Community Development Advisory Commission (Three 3-year terms - through February 15, 2011 - Two Low/Moderate In- come Area; One At -Large (Terms of Oliver, Shaw, Craddieth). Applicants: Ann Michalski (At-Large),' David Shaw (Low/Moderate), Janice Craddieth (Low/Moderate). Ann Michalski, 1520 Altura Street, spoke in support of her at -large appointment. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Cable Television Fran- chise Agreement: Proof of publication on notice of public hearing. to consider an amendment to the Ca- ble Television Franchise Agreement to add Sage- ville School to the Institu- tional Network and ap- proving a separate agree- ment between the City, Dubuque Community School District and Mediacom that details the terms of adding Sageville School to the 1-Net and City Manager recommend- ing approval. Motion by Connors to receive and file the documents and that the'requirement that a pro- posed ordinance be con- sidered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspended. Seconded by Lynch. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 7- 08 . Approving the Third t Amendment to the Cable Franchise Agreement be- tween the City of Dubu- que, Iowa and MCC Iowa, 2 LLC, that details the terms s of adding Sageville School to the I -Net. Seconded by Braig. Motion carried 7-0. Windsor Avenue Storm C Sewer Construction Proj- d ect: Proof of publication on m notice of public hearing to s consider the plans and M specifications, form of t contract and estimated m cost for the Windsor Ave- c nue Storm Sewer Con- c struction Project and City b Manager recommending fi approval. Motion by Jones p to receive and file the J documents and adopt th Resolution No. 68-08 Ap- y proving plans, specifica- w tions, form of contract, and n estimated cost for the S Windsor Avenue Storm K Sewer Construction Proj- se ect. Seconded by vo Connors. Connors stated m that she was grateful for re this project and that it ho might help the street flood- en ing in the area. Motion car- an ried 7-0. n Upon motion the rules co were reinstated limiting on discussion to the City pr m ot Associates West Campus on Planned Unit Development of District and by repealing e- Ordinances 24-94, 32-96 c- and 35-99 and which in - et cludes the language from p - Medical Associates de- g scribing their proposed m- conditions of the green n space. Planning Services s- Manager Laura Carstens responded to inquiries by n- the City Council that there ty are no conditions attached g to this amendment and d- that two of the City's 24 st PUD areas have been a- amended. This ordinance b- would be adopted as is, or but wording regarding the er green space screening d could be added if the City of Council desired. Jones d said he favored adding the e specific language provided d by Medical Associates for n the benefit of the adjacent - property owners. Lindahl said that it can be included d in the Ordinance for the g third reading. Connors n clarified a misperception m by a citizen that she had d visited with a citizen re- r garding the zoning issue. She noted that a third - as ward citizen contacted her -" c about green space and nto was not for or against this O n issue. She has spoken with the City Attorney about the issue. Lindahl stated that contact with citizens cannot be pre-. c vented, and disclosing all r)communications from citi- zens to the City Clerk for y the record is the recom- mended procedure for zoning issues. Resnick asked Carstens what the O - reasons were for changes p in the two of the City's 1 previous PUDs and if they had been challenged. Carstens recalled the Du- buque Industrial Center West PUD amendment for the Hormel facility involv- ing the North Siegert Farm for which the adjacent property owners did speak of their concerns. Voetberg stated that he believed Medical Associ- ates has land available elsewhere on its campus that can be utilized, and holding land for use in 20 or 30 years was not a per- suasive argument. Braig said she appreciated hear- ing from the neighbors about their concerns, but the pictures provided by Medical Associates of resi- dents encroaching on its property in terms of vehi- cle storage and drainage were influential. She said she plans to vote to hold Medical Associates to their promise and won't chip away at green space. Buol said he will support the project, and Medical Asso- ciates has provided a good solution that is also, good for the neighbors. Motion carried 4-3 with Resnick, Voetberg, and Braig voting nay. Dubuque Regional Airport Terminal Relocation Proj- ect: City Manager recom- mending that the fair mar- ket value for property at 10719 Merlin Lane, which is needed for the Dubuque Regional Airport Terminal Relocation Project, be es- tablished at $809,000. Mo- tion by Voetberg to receive and file the documents and .adopt Resolution No. 69-08 Establishing the Fair Market Value of real prop- erty at 10719 Merlin Lane, Dubuque, Iowa, owned by Ronald Bradley, Jeffrey Bradley, and Brian Bradley was adopted. Seconded by Connors. Motion car- ried 7-0. Liquor License Applica- tion - Players Bar and Grill: City Manager recommend- ing that the current license for Players Bar and Grill be allowed to continue past the expiration date of March 5, 2008, allowing for a sixty-day review peri- od. Motion by Connors to receive and file the docu- ments and approve. Seconded by Braig. Mo- tion carried 7-0. Fiscal Year 2009 - 2013 Street Construction Pro- gram: City Manager rec- ommending approval of the Fiscal Year 2009 - 2013 Street Construction Program. Motion by Lynch o receive and file ' the documents and adopt Resolution No. 70-08 Adopting the Fiscal Year 009 - 2013 Street Con- truction Program. Seconded by Voetberg. Motion carried 7-0. Multi -Function Printer- opier-Scanner-Fax Ven- or: City Manager recom- ending approval of the election of Solutions anagement Group (SMG) o provide the ultifunction printer- opier-scanner-fax ma- hines for the City. Motion y Connors to receive and le the documents and ap- rove. Seconded by ones. Lynch questioned e difference in the five - ear estimated cost and by the lowest vendor was ot chosen. Information ervices Manager Chris ohlmann explained that lecting a vendor in- lved workflow imple- entation, document and cords management, total urs of training, experi- ce with similar projects, d knowledge of software of total cost alone. Braig ngratulated Kohlmann completing the long rcess. Connors com- ended Kohlmann for her v between'Cocust Street and the alley west of Main Street to Ninth Street, south side, between Lo- cust Street and Main Street; and Ordinance No. 9-08 Amending City of Du- buque Code of Ordinances Section 32-321.602 Park- ing Prohibited on Desig- nated Streets or Portions Thereof. Seconded by Braig. Motion carried 7-0. Concealed Weapons Or- dinance: City Manager recommending approval of a revision to the Code of Ordinances regarding car- rying concealed weapons. Motion by Jones to receive and file the documents and that the requirement that a proposed ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be passed be suspend- ed. Seconded by Connors. Braig questioned if the City's Ordinance would then be easier than the State's. Lindahl said that the City is limited to mis- Jones said that the back- ground information on Pur- chase of Services that he recently requested from the City Manager could be compiled for use at the work session. CLOSED SESSION Motion by Braig to con- vene in closed session at 7:50 p.m. regarding pend- ing litigation pursuant to Chapter 21.5(1)(c)(j) 2007 Code of Iowa. Seconded by Lynch. Motion carried 7-0. Motion by Braig to recon- vene to open session. Seconded by Connors. Motion carried 7-0. Coun- cil reconvened in open session at 8 p.m. stating that staff had been given proper direction. There being no further business, upon motion, City Council adjourned at 8:01 p.m. /s/KevinS. Firnstahl Assistant City Clerk it 2/27 L 0 CA