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Proof City Council Proceedings of 3 3 08rg~-r I 0~~.W Iw"~ao~ _~-W+m wgx Iad C>~ _- ~ ~~ ~, ~ ~ i ~., ~~a~ ~ 3 ~~W ®~~ ~ s~~~ ~~~g ~~~ ~~~ ~~~ TATE OF IOWA SS: p , DUBUQUE COUNTY ~ ~d- ~ c~~ ~~ alf d- ~ ~ ~~~ ~- g ~~~ ~~ ~ ~$ ; m ~ ~N~~ ~ N~-~~, CERTIFICATION OF PUBLICATION ~~.3 ~P•~. ~~~• ~ N ~~~~ .. O A N~~~ C~~ ~_~~ 321 `°~~ ~~ ~ $g N~~.~ ~g ~ _ ~_~~ ~ ~ " ~N~m [, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa ~ j., * ~ ~ ;,orporation, publisher of the Telegraph Herald,a newspaper of general circulation ~ ~$ +~~+~ ~ ~ ~ ~ ~ s ~ m ~ ~ ~ $ ~'~ published in the City of Dubuque, County of Dubuque and State of Iowa; hereby ~a a= ~ ~8~ o0 0 ~~m ~ ~~ ~~ ~~ ~ ~ ~'~ ~~ s ~ertify that the attached notice was published in said newspaper on the following ~~. N~'~ ~~~, ~~ ~; ~~ ` ~~,~ + $ ~~ ~~ ~ ~~ A~ ~ dates: March 12, 2008, and for which the charge is $212.24. i~ 0 ~'~Q t A ~ .~ N F t~S j N W N...Q Na ~S~ ~g~ „tea w 3 rn~ w f ~ o,~' ~ A<n S.m ~: 'r ~a-~ m a~x ~ s = g w'" °~°o m m ~~ ~D7 ~'~`= wN'~T-I 75~ Z ~ .g ~ii c SyyQ~~~15~ Nfa of 7 ~ iN ~~-•~ ~ C ~ ~ 2 NfAZ N .~~. v s~~~~ a ~7r~m ~+~~ ~~. (7 m ZyZ(~N ZZ L~L~~.. • ~ X171 • C ~~~ 7NjV~~ r= vOO C _ w~ ~ • ~ ~m ~~ ~~~~~~~~~~ ~~~~~gm ~~ ~ ~ ~ ~a~~~ ~~~~~~~~ ,,, a ~~ ~~~~~ ~ ~~ ~ A. ~ ~9 ~_ ~~ ~~ ~ ~~ ~~~ ~~ .~ -.r i b f ~~ ubscr bed t e ore - ~ ~~v this _~~~ day ~~ N ~~ N7~ ~m ~ ~~ ~m ~~0~~~~~~ ~ ~~~ ~N~~~~ ~$g3~~~g~m mgt ~~~~ a ~~~~.~ ~ vj'Ya'~~ u ~2 ~^' c o,cp~cn~. ~~ Z~~ ..~ ~~ ~ , ~ N y ~ T _~ ~~~ ~ ~~`~ T ~.. ~. ... , $ N / ~ % ~~' ~Z{il~'.~ Lf' l/ .° ~ E, MARY K. WESTERMEYER ~~ ' Commission Number 154885 ~ r ~~~ . ~`.- My C:nmm rYn. FEB. 1, 2(111 r. e, a Notary Public in and for Dub e County, Iowa, of , 20 City of Dubuque Iowa City Council Proceedings The Dubuque City Council met in regular session at 6:30 p.m. on Monday, March 3, 2008, in the Historic Federal Building. Baal, Connate,' Jones, f,L~, Resnick, Vaatlx~eg; City Manager Vast MIINgen, City Attorney Undahi Mayor Bud lead the call and stated tMs is a regular session called for the pur- pose of discussing such matters vufibh may Pte- ly oarrie before the .City CotN~'.G~ w~ p~~ bye ~ le Rodin,.. Temple yn ~ re- ceive and file the docu- menfs and dbpoee of as indicated. Seconded lay Bnilg. Cormors• requ~teri (iii t) Fouu Mounds Public Improverrrerrt Project be held for seperaNe discus- sion: Motion carried 7-0. Submitted: Arts and Cul- turel Affairs Advisory Com- mission of 11/13 and 1/8; City Council of 2/13, 2/18 and 2/23: Historic Preser- vation Gommisebn of 2/21; Long RangEi Plennfng 2/2 e Commission of 2/12; Zon- ing Advisory Conxrrission of 2/20 ~itPyroofs {of publication of antndF of Ctaitna. and of Revenues for January 31, upon o~otion the docu= meats Miern receiv4d.:and filed and afrF+-oved as Notice of Clairt~s/Suits: David J. Scluosdsr. for ve- hicle "darrrege; E. Weese: for vehicle e; John L. ~ and Shirley White for vehicle darrta~e; Daniel F Vies. fro vdunln ,anr~ injury., tJpon~`utAittlon t!-e documents were received, filed and referred to the C CAttytomey. adviein that the daimgs have beers refer to Pub- lic ~Y'R#ek•~rvicet3 of; Iowa. the agibtit fior Ste io- wa Qommunifles Assur- ance Pool: John and Shir- ley White for vehicle dan-- age: Clayton Weeae for property d Daniel vefdcla~f~~~~~ for Cassandra Lehman f. hide damage• Jenne Hunt- er for vehicledamage; and Michael Kronteldt for vehi- cle damage. City Attorney recom- mendsng settlement bf the claim of Ben Ottert for ve- hicle ..damage and Jill Jellison for vatdcle dam- age. Ctty Attorney recom- mer><flrg dsnMed of the cia8n of Kyle. Cooney far", vehicle damage Upon motion the docu- ments were received, filed and concurred. High Quality Jobs Pro- gram'Application (14QJP):.j City'Manager reconxnend ins approval of the sub- mission of a h Quality Jobs Program P) ap- plication to the kwura De- partment of Economic De- Hormel Foods Corpore- tion. Upon .motion the documents were received and filed and • Rasokrdon No. 71-08 Authorizing the filing of a H~Quality Jobs Program •ap- plication on of Hormel Foods Corporation' was - - frKs;c~e ter WD es~t: City Manager rec- ~mendi~q nag ~ residential properties b- cated, on PennayNanie Road that wiH bs needed for the Pennsyivenla Ave- nue improvement project. Upon motion the docu- ments were received„ filed, and approved. Request tor' Proposals - Web Page Design: City Manager recommending approval of the iasuaruce of a Request for' Proposals for redesign of the, City web page. Upon motion the documents were re- ceived. fused and approved. , Dubuqure IrxJustrial Cen- ter Economb Davelop-nent District Long Range Plan- ning Advisory ConrnYuarion recExnrtrericNng apprpeal of the Amended and Restat- ed Urban Raneeral Plan for is consistent with the Comprehensive Plan. Upon rrwtlon the docu- ment w~ received and filed. Dubuque faesctre Mis- ~ lion: City Manager recom- mending approval of the subcontracting of services for tjre Dubuque Rescue Missbn's job readiness Program. Upon oration the documents were received and filed and Resolution No. 72-08 Authorizing Du- buque Rescue Mission to surbExmtract with Common Good Servicis for the Breeking Employment Barriers and Getting Ahead in a Just Getting By the~r Comitmy Dev~er~- meat Block Grant (C ,Agreement was adopted. Ubrery Board of trust- ees: CornnxrMcatton from Diann Guns, Vice- President .of the Ubrary Board of Trustees, thank- ins the City Council for their continued support of the Carnegie Stout Public Ubrery Renovation Project. Upon motion thq docu- rrrent was received and tjled. Windsor Avenue Storm Sewer Construction Proj- act: City Manager recom- mending award of the con- tract for the Windsor Ave- 3 ~~';; ConnoNp Construction, Inc., •in the contract amount of $159;605.65. Upon rnptbr- the deco- menu were received and filed and Resokitiyxu Nb. 73-08 Awarding p}iblic im- Provemerit cxxrtr~t for the Windsor AvEirtus Stomt Sewer Construction Proj- ect was adopted. Four Mounds Public Im-. provemeitt Project: Histor- ic Preservation Commis- sion recommending appro- vat of the allocation of $100,000 in Hiatorlc 'Dis- trict Public 1 t Program (HDPI funding for Four Mounds .public Improvement Project. Mo- lion Connors fo receive and b the documents and approve. Seconded by Voetberg. Connors corrrr merited that this project has many of the green ini- tiative elements the City Council has discussed and requested afollow-up re- port on lire project. Moton carried 7-0. Human Rights Commis- shit: Mary Coen submit- ting her rest nation from the Human Com- mission. Upon motley the document was received and file end res(gnatbn ac- Granting the issuance of s class 'C BeeNLiquor U- cense to P s Ta Caeina, Gtepls • . Uquor L7rtertae (~iS" Months) to Mindirame PerMt to Clads •S• W 8 . and ClasaNe Wine Permit !o Bluff Street Brew Haas and Wstbnal weread~ River. Museum BIJC~lIEJ1l~QR Motion by Lynch tp re- calve and• Ale the docu- meats, set the pubUc hear: sits as indcated; and direct the city Chrte to' publish. law ~Se~corxiedby &aig Motion carried 7-0. Dubuque lnduatrial Cen- ter Urban Renewal Plan: City Manager recommend- ing that a public hearing. be set for April 7, 2008 to consider emwxfing the Ur- ban Renewal Plan .for the Dubuque -ndustrial Can Eeidprbrrdc , DsMelopilre~ Diap3pt i~ncit~ R 1 Site; Upon motion the documents were received and filed and Resdution No. 76-08 Resdution of Wecessity finding that cer- tain areas adjacent to the , Dubuque IrxfusMal Center Ecxxromb Devebpmer~t District meet the deflnttion of an econbmii: develop- merit area urxlerthe Urban Rertew8l Law, end. thpt veloprnent bf seid,ar necessary in the Interest pf the residents of the Ctty o1 ; Dulwque, kawa were adi~pt* BOARDS/COMMIS31ON8 Applicants were invited to address the City Council regarding ~ dbeire t4 , serve on the ' totlovJing Boards/Comrtiiasfons: Housin Code Board (grwo &year expired temts through Jan ary 11, 201^1 - Temre ofu MOQte and Yowrg} David Young. spoke Appointment -was made to the folbwing Board/ Commfesioru: Conxrruriky Carrrrrwissior- j'fitrse 3-Ysir terms 15, 2010 L~~~ derffie Income Area; One At-Large (Terrr-s of OMrer, Shaw, Crecldieth). Appli- cants: Ann Midralskl At- targe), David Spew (Low/Moderete), Janice Craddbflt (Low/AAa~derate). Moton by Connors to aP' ppooint Ann Mk3habid (At- Large), David 9ttaw (Low/ Moderate) _ and : _ :Janke egearuw acn,w iNf gaMon~` ling ~r thA rKiof ue an r hit life pub~hExf `Na to Pr+a~ppeurt~yl~Ow~naerittbg' ~aMN~Ch i7, 2(IO$ ~nskfer the Construe- ryas: Reoonstn+ctbn act, , ~ city .for cdjsc- st~eess'of 37 feet, bta Dlut~orl of Necessity the' edub of n motion the dotw- tact, and estirneteEJ and orderfrug bid for 'Ievelynd Avenue Re- txtr`~Nb r'79-08 Appr~ov- the plat. preTlmitrary dole of assessments esthnste of total cost setting date of nglon `fiMe~tit~irr Itrisseoh econo~n wt -Bryant Street to Slyest were adOPted is a public hearing for considered and voted on for passage at two Council meetings prior to the at.wtHCtrit us to be p baby LwsP~ lion carried 7-0. Motion by Connors for fl- nai consideration and pas- ~Artrenddn Amp ndix A thhe Ctty of Dubuque Code of Ordinances by reclasei- fyirg'hereinafter described ~oceted onTi Hyrst Estates-Phase m from R~ Moderate Denat- ty MutthFamNy Residential to C-2 Neighborhood Shopping Center District. Seconded by Breig. Mo- tioncarried 7-0, Request to Rezone -701 / 707 Davis Sheet: Proof of publicaton on rwUae of public: hearing-to carrskfer a request Tierra Mabreg/ Ka-ir- Egan to rezone proopp-- Sheet from ~ R07 Single-Family Residential District to R=2 Two-Family Residential District and Zoning. Advisory Conrmis- • sion recommending appro- val. Moton by Jones to re- ceive and filly the docu- meruts and ttu@t the re- quirement that a proposed ordMence be considered and voted on for passage at two Council meetings prix[ -to the. meeting at which it into be peeped be suspended. SeCOnrbd by Con~Jyers. Motion carried 7- 0. Motion byy Jones for flrreil 1 Oct 'lu~arch 17..; oonsidErratbn and passage 20~ irt[the Historic Fed~t- of OrvYngeprr~cen~ 1$•OB B inenoeg of tf~ie rrreot: Pngof~blication C• Dubuxlue Code of tlrt )1pHcs of public hearing. Dances by reclassity- to Ewnsider the dispostt sits herefna(ter -described approximately :1~.tilit : property ' bested at acres in DutxtquarktdElstrl- 9 al Center MBMSt r to ITC army Hq~nps Cofi9oretlon and ~Dis~trict to R-2 Two-. ' fi ~ment Agreement: ~ ~ AlaUfcts and-City Manager recom- 3aaarkfsd ttg,,&dg. AAe^•` mending approval.- Motiion lion carried 7-0. by Connore to receive and file the documsilts and adopt Aeadtrlien No. 8t- 08 A~~ Devek>p- nlerlt ink for the aale. 12.951 acres in the Dubuque in- dustrfal Center West to RC Holdingg Corporation. SeE:oruded by Lyrx:h, Mo- t l o n R c~ a g r ry i end t 7-0. Greitic Wpod f ~ 3 Timber-Hyrst Estates- Phase IQ: Proof of pubiica- 1bn : on ruotioe of pi~lic to consider a re- queat ~MarUn McNa- merMCR Developers 'LLC al wilding ITC Dev r lfgree- 701!70 Davis Street from R-1 F Resi- Dubuque Technobgy Park /City of Dubuque Planned Untt' eIoprr~ut District (PUD) Amendment: Proof of publication on no- lice, of public heaiing to consider a request from the City of %Dubuque to amend me Planned Untt Deveopment District D) for the Dubuque ~~~rryryPBifc and 2.onr ~i'ecoarxNrgC Motiorrby Janes to receive and file the docurtrenla and that ~thoe~rdequirement be portal ed red qnd vCead the southeast corner of Highway 61l15f' and Lake Eleanor Road from AG Ag- ricuttural District to PUUD Planned Unif Devebpmerut District with a PI Pgaruned Industrial District Des'igna- lion and adapted a Con- ceptual DErvelopmentPlan, with condtions, fo-.' the Dubuque Industrial Center/South; ~ inGuding changing the name of the PUD District to Dubuque Technobgy Park... 5econded~b4 Lynch. Mo- lion carried r-0. Iowa Wireless ServiE~, LLC: Proof of publication on ruptice of pubMc hewinngg to r~nsider a proposed lease at specs to knnra Wireless Services, LLC for a telecommunication an- tenna. faCli 1n Madison Park ,end ~ity Aileneger recom approval. Communicat from the Historic PreservationCom- mission regarding the pro- posed flag pole and equip- meat compound which will serve as a wireless com- municatbn facility in Madi- son Park. Ctty Maruger adv that the Z Board dfi Ad= justment( BA) had tabled the I-Wireless request for a conditional use permtt to locate a cell. tower in Madi- son Park. Modort tty Cortrrars to r+e= calve and file. the docu- meats. 3ecoj'iided by Voettxjrg ~ Resolution Dis- posing of an interest in real p-oparty Owned by the City of Dubuque by lease a reement between the City of Dubuque, Iowa and Iowa Wireless Services, LLC for the installation end operation of a wireless tel- ecommunication antenna facility. Council questioned the size of the flag pole and why Iowa Wireless Services had not gone to the Zor~ig Board of Ad= )uatrtuerut prior to request- ins CityCouncN approval. Motion by Voetberg to ta- ble end trotress :the public. hearing .urgN after a dsd- lion by the Zoning Board of Adjustment. Seconded . ~~JOnes., Motion carried West 32nd Street Deten- tion Basin Project: Proof of publication on notice of public hearing to consider the plans and specifica- tions, form of contract and estimated cost' for the West 32nd Street DErten- tion Basin Project and City Manager recommending approval. Motion by Connors to receive and file the documents and__ opt /Robert Hartig -Planned Untt Development District (PUD) 'Amendment (Sec- ond reading on February 18, 2008): City Manger submttting a revised ordi- nance for the Medical As- sociates Planned Untt De- vebpment (PUD) District amendment reflecting con- ditions proposed to mtti- gatEt impacts associated with the construction of a new building. Communksatlons from Norma M. Kerper, 240 Devon Drive; Ellen Baumhover, 2084 Rose- mont; Dianne Glanz; Eric Kaufmann, owner of 3814 Cora Drive (February 10 and 26 letters); Darlene Kaufmann, .1430 Reeder Street; Mary Pat Kerper, 3830 Cora Dfire; Steve Geiez, Concerned . Cttizen; Sue Moran, 880 South Grandview; Norma Kerper, 240 Devon Drive (February 26 letter); R~eginat Pint, Core Driver ddeenn • Scott end Deirdre Dalsing, 3824 Andrea Street; Jean Kohn; Tim and Georgia Schmtt, 1575 Donovan; Lavonne Kennedy, 3860 Cora Drive; Emily Bush and Marous Albers, 3828 Cora Drive in opposition to the proposed amendment, City Manager submitting a copy of the PowerPoint presentation for the pro- amendment to the edicai Associates PUD presented at the February 4, 2008 City Council mset- ing. Motion by Jones to re- ceive and file the docu- ments and for final consid- eration and passage of Or- dinance No. 14-08 Am~d- ing Appendix A (the Zoning Ordinance) of the Ciq~ of Dubuque Code of rdi- nances by adopting a re- vised Planned Unit Devel- opment Ordinance for the Medical Associates West Campus Planned Untt De- velopment District and amendinngg Ordinances 24- 94, 32-96 and 35-99, and their respective conceptual devebpment plans. Seconded by Connors. Motion carried 4-3 • with Bragg Resnick and Voeutb'erg voting nay. North Grandview Avenue Pet Park: Communication from the Park and Recrea- tion Commission rEx:om- mending that the North Grandview Avenue Pet Park be closed after an al- tEJmative site has been found. Motion by Jones to receive and file the docu- ment and to concur wtth the recommendation of the Park and Recreation Com- proVE Motk tou~a lisp cc it 3/1 WH9<O N je.4 5 AC!' �w i NOco Ga NO Z(poD) O' 1(n•O a7m3 Om D G> u, m •c OD00P1011"K I1 O(T� Wy W.sN W(Dac)5' WON_ WN TM — upO?� cx PO ((� O co- NP3 3 w° &1a � ID 0 33 cT •Zm °u) 013wa Va,0e(D E» m m how= 01N -N o N 03 (<.D (0 N y p_DCO p"*(1) N N a-P<0 rnw� = w= • > cD35°° m o3o-°A 6,086 <0• W o Og •Zzmn=I(D0o-nAmoa) ym 0wg o N>�Q� -"coNrnoWVO) —boo ▪ zi`v m ° nmy ?rnrn(noN);Xo--JQK0G 10 cnoN �c orncn0 3 m g mv) O ° ao0 Cn aN 0 gq)) y C* pw� g o 3'm Ooa—gD^) a pA ?z°°w d 5 o o (aD �m <o m o m i ''~' Cp g `L X Z V 3 (-D (-D N A N -w� � � f I N1 O c42,1 CJI 03 cD W 1STATE OF IOWA {SS : DUBUQUE COUNTY CERTIFICATION OF PUBLICATION [, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation ° ° a v published in the City of Dubuque, County of Dubuque and State of Iowa; hereby 0- o°° 5 ° certify that the attached notice was published in said newspaper on the following . o (D dates: March 12, 2008, and for which the charge is $212.24. W (D 0 00 03 O C ti l CT W CT� W.—( pa'wmgf N a 0 O t Np0 rn5ccp a, n 2 m m co m r ✓ zE Q1 oc CO. 6.)r o `Subscribed to before e, a Notary Public in and for Dubu e County, Iowa, this day of�a�i/A/ , 20Q MICIA Rtr.-Roca 0 ID � 0)0 'ID 3- 5g °� O. m m5�mn°m°°0 3n n7mI11m3mZ3 0aymo-2cAvm03<A:-.=a0csgo0Doo-o0E009n omo=7c °Km °mo•°-0a�C00-0A0(mcni0ca ca no) TI ac =0 r.c Nno w.a y a) 00.5.ypDC'Omnv 2 3 ,w=,. o DCD) oc e 3 M(o m fn., w m m. 3 '{ n C W m rO� m OC7 ycD(D.,ommo°oco*o(�3 D��(o-30 0m O.< 35 �com� o3m6 °mwo,Z.Z • °• mZm00 -00w tl'IlfAEA<0 Oft N �'rnCCVn�nii(00)1 w io�C man° 0)0 ( .401 O)(050A23. DO) W= o co, W01010)V=N(n T�_....O ..O .V-0C 3 '"'33CCme ou' m(� (°no m Co acnf° 3 a 36 _ a'm .3 485.n. > (D (D -w0 =•ac m=� ymmy 0 3° Jaw cD m o0 m iw'< m O m �C a a = m otary Public in and for Dubuque County, Iowa. t ! MARY K. WESTERMEYER Commission Number 154885 My comm Po. 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, March 3, 2008, in the His- toric 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 Sheila Rudin, Temple Beth El CONSENT ITEMS Motion by Lynch to re- ceive and file the docu- ments and dispose of as indicated. Seconded by Braig. Connors requested (#11) Four Mounds Public Improvement Project be held for separate discus- sion. Motion carried 7-0. Minutes and Reports Submitted: Arts and Cul- tural Affairs Advisory Com- mission of 11/13 and 1/8; City Council of 2/13, 2/18 and 2/23; Historic Preser- vation Commission of 2/21; Long Range Planning Advisory Commission of 2/20; Park and Recreation Commission of 2/12; Zon- ing Advisory Commission of 2/20 Proofs of publication of City Council Proceedings of February 4 and 11, 2008 and List of Claims and Summary of Revenues for Month Ending January 31, 2008 Upon motion the docu- ments were received and filed and 'approved as printed. Notice of Claims/Suits: David J. Schroeder for ve- hicle damage; Clayton E. Weese for vehicle damage; John L. and Shirley White for vehicle damage; Daniel E. Vasey for vehicle dam- age; Cassandra Lihman for vehicle damage; Julie McDermott for vehicle damage; Michael F. Kronfeldt for vehicle dam- age; Jenna Hunter for ve- hicle damage; John and Lisa Miles for property damage; Jacob Kenniker for vehicle damage; Walter Barger, Jr. for vehicle damage; Theresa Deutsch for vehicle damage; Bever- ly M. Luster for personal injury. Upon motion the documents were received, filed and referred 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: John and Shir- ley White for vehicle dam- age; Clayton Weese for property damage; Daniel E. Vasey for vehicle dam- age; Julie McDermott for vehicle damage; Cassandra Lehman for ve- hicle damage; Jenna Hunt- er for vehicle damage; and Michael Kronfeldt for vehi- cle damage. City Attorney recom- mending settlement of the claim of Ben Otten for ve- hicle damage and Jill Jellison for vehicle dam- age. City Attorney recom- mending denial of the claim of Kyle Coohey for vehicle damage. Upon motion the docu- ments were received, filed and concurred. High Quality Jobs Pro- gram Application (HQJP): City Manager recommend- ing approval of the sub- mission of a High Quality Jobs Program (HQJP) ap- plication to the lowa De- partment of Economic De- velopment on behalf of Hormel Foods Corpora- tion. Upon motion the documents were received and filed and - Resolution No. 71-08 Authorizing the filing of a High Quality Jobs Program (HQJP) ap- plication on behalf of Hormel Foods Corporation was adopted. Property Acquisition - Dubuque Industrial Center West: City Manager rec- ommending approval of the acquisition of three residential properties lo- cated on Pennsylvania Road that will be needed for the Pennsylvania Ave- nue improvement project. Upon motion the docu- ments were received, filed, and approved. Request for Proposals - Web Page Design: City Manager recommending approval of the issuance of a Request for Proposals for redesign of the City web page. Upon motion the documents were re- ceived, filed and approved. Dubuque Industrial Cen- ter Economic Development District: Long Range Plan- ning Advisory Commission recommending approval of the Amended and Restat- ed Urban Renewal Plan for the Dubuque Industrial Center Economic Develop- ment District. Upon mo- tion the document was re- ceived and filed. Fiscal Year 2009 - 2013 Capital Improvement Pro- gram: Communication from the Long Range Plan- ning Advisory Commission advising that the City Man- ager's recommended Fis- cal Year 2009 - 2013 Capi- tal Improvement Program is consistent with the Comprehensive Plan. Upon motion the docu- ment was received and filed. Dubuque Rescue Mis- sion: City Manager recom- mending approval of the subcontracting of services for the Dubuque Rescue Mission's job readiness program. Upon motion the documents were received and filed and Resolution No. 72-08 Authorizing Du- buque Rescue Mission to subcontract with Common Good Services for the "Breaking Employment Barriers and Getting Ahead in a Just Getting By Work" program as per their Community Develop- ment Block Grant (CDBG) Agreement was adopted. Library Board of Trust- ees: Communication from Diann Guns, Vice - President of the Library Board of Trustees, thank- ing the City Council for their continued support of the Carnegie Stout Public Library Renovation Project. Upon motion the docu- ment was received and fjled. Windsor Avenue Storm Sewer Construction Proj- ect: City Manager recom- mending award of the con- tract for the Windsor Ave- nue Storm Sewer Con- struction Project to Connolly Construction, Inc., in the contract amount of $159,605.65. Upon motion the docu- ments were received and filed and Resolution No. 73-08 Awarding public im- provement contract for the Windsor Avenue Storm Sewer Construction Proj- ect was adopted. Four Mounds Public Im- provement Project: Histor- ic Preservation Commis- sion recommending appro- val of the allocation of $100,000 in Historic Dis- trict Public Improvement Program (HDPIP) funding for Four Mounds Public Improvement Project. Mo- tion by Connors to receive and file the documents and approve. Seconded by Voetberg. Connors com- mented that this project has many of the green ini- tiative elements the City Council has discussed and requested a follow-up re- port on the project. Motion carried 7-0. Human Rights Commis- sion: Mary Coan submit- ting her resignation from the Human Rights Com- mission. Upon motion the document was received and file and resignation ac- cepted. 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. 74-08 Granting the issu- ance of a Class "C" Beer Permit to Hartig Drug #8 and Tobacco World; and Resolution No. 75-08 Granting the issuance of a Class "C" Beer/Liquor Li- cense to P.J.'s Tap and Dubuque Greyhound Park/ Casino; Special Class "C" Liquor License (Six Months) to Mindframe Theaters; Class "B" Wine Permit. to Hartig Drug #8; and Class "WBN" Native Wine Permit to Bluff Street Brew Haus and National Mississippi River Museum were adopted. ITEM TO BE SET FOR PUBLIC HEARING Motion by Lynch to re- ceive and file the docu- ments, set the public hear- ing as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried 7-0. Dubuque Industrial Cen- ter Urban Renewal Plan: City Manager recommend- ing that a public hearing be set for April 7, 2008 to consider amending the Ur- ban Renewal Plan for the Dubuque Industrial Center Economic Development District to expand the dis- trict to include the Rail Site; Upon motion the documents were received and filed and Resolution No. 76-08 Resolution of Necessity finding that cer- tain areas adjacent to the • Dubuque Industrial Center Economic Development District meet the definition of an economic develop- ment area under the Urban Renewal Law and that de- velopment of said areas is necessary in the interest of the residents of the City of Dubuque, lowa was adopt- ed. BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Housing Code Appeals Board (Two 3-year expired terms through January 11, 2011 - Terms of Moore and Young). Applicant: David Young. No one spoke. Appointment was made to the following Board/ Commission: Community Development Advisory Commission (Three 3-year terms through February 15, 2011 - Two Low/Mo- derate Income Area; One At -Large [Terms of Oliver, Shaw, Craddieth). Appli- cants: Ann Michalski (At - Large), David Shaw (Low/Moderate), Janice Craddieth (Low/Moderate). Motion by Connors to ap- point Ann Michalski (At - Large), David Shaw (Low/ Moderate) and Janice Craddieth (Low/Moderate) to the Community Devel- opment Advisory Commis- sion for three year terms through February 15, 2011. Seconded by Lynch. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone to address the City Council. Cleveland Avenue Re- construction Project: City lUUU DCrt,ca Manager recommending re -initiation of the public bidding process for the Cleveland Avenue Recon- struction Project due to an error in the published "No- tice to Property Owners" and that a public hearing be set for March 17, 2008 to consider the construc- tion plans and specifica- ions for the Cleveland \venue Reconstruction Project, using the City nandard width for collec- br streets of 37 feet, the tesolution of Necessity aid the Preliminary chedule of Assessments. limn motion the docu- ments were received and fled and Resolution No. T-08 Rescinding Resolu- tion No. 63-08, Resolution N). 64-08, and Resolution N. 65-08; Resolution No. 78-08 Preliminary approval of plans, specifications, form of contract, and esti- mated cost; setting date of public hearing on plans, specifications,' form of contract, and estimated cost; and ordering bids for the Cleveland Avenue Re- construction Project; Res- olution No. 79-08 Approv- ing the plat, preliminary schedule of assessments and estimate of total cost and setting date of public hearing on Resolution of Necessity; and Resolution 80-08 Resolution of Ne- cessity for the Cleveland Avenue Reconstruction Project - Bryant Street to Villa Street were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 17, 2008 in the Historic Feder- al Building. ITC Development Agree- ment: Proof of publication on notice of public hearing to consider the disposition of approximately 12.951 acres in Dubuque Industri- al Center West to ITC Holdings Corporation and a Development Agreement and City Manager recom- mending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 81- 08 Approving a Develop- ment Agreement providing for the sale of 12.951 acres in the Dubuque In- dustrial Center West to ITC Holdings Corporation. Seconded by Lynch. Mo- tion carried 7-0. Request to Rezone - Creek Wood Drive (Lot 3 Timber-Hyrst Estates - Phase II): Proof of publica- tion on notice of public hearing to consider a re- quest from Martin McNa- mer/NCR Developers LLC to rezone property located on Creek Wood Drive (Lot 3 Timber-Hyrst Estates - Phase II) from R-3 Moder-. ate Density Multi -Family Residential to C-2 Neigh- borhood Shopping Center District and Zoning Advi- sory Commission recom- mending approval. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be 2 o p 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 Lynch. Mo- tion carried 7-0. Motion by Connors for fi- nal consideration and pas- sage of Ordinance No. 11- 08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassi- fying hereinafter described property located on Creek Wood Drive (Lot 3 Timber- Hyrst Estates -Phase II) from R-3 Moderate Densi- ty Multi -Family Residential to C-2 Neighborhood Shopping Center District. Seconded by Braig. Mo- tion carried 7-0. Request to Rezone - 701 / 707 Davis Street: Proof of publication on notice of public hearing to consider a request from Mabreg/ Karin Egan to rezone prop- erty located at 701/707 Davis Street from R-1 Single -Family Residential District to R-2 Two -Family Residential District and Zoning Advisory Commis- sion recommending appro- val. Motion by Jones to re- ceive 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 Connors. Motion carried 7- 0. Motion by Jones for final consideration and passage of Ordinance 12-08 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassify- ing hereinafter described property located at 701/707 Davis Street from R-1 Single -Family Resi- dential District to R-2 Two - Family Residential District. Seconded by Braig. Mo- tion carried 7-0. Dubuque Technology Park / City of Dubuque Planned Unit Development District (PUD) Amendment: Proof of publication on no- tice of public hearing' to consider a request from the City of Dubuque to amend the Planned Unit Development District (PUD) for the Dubuque Technology Park and Zon- ing Advisory Commission recommending approval. 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. Motion carried 7-0. Motion by Jones for final consideration and passage of Ordinance 13-08 Amending Ordinance 27- 97 of the City of Dubuque Code of Ordinances which reclassified hereinafter de- scribed property located at the southeast corner of Highway 61/151'and Lake Eleanor Road from AG Ag- ricultural District to PUD Planned Unit Development District with a PI Planned Industrial District Designa- tion and adopted a Con- ceptual Development Plan, with conditions, for the Dubuque Industrial Center/South; including changing the name of the PUD District to Dubuque Technology Park. Seconded by Lynch. Mo- tion carried 7-0. Iowa Wireless Services, LLC: Proof of publication on notice of public hearing to consider a proposed lease of space to Iowa Wireless Services, LLC for a telecommunication an- tenna facility in Madison Park and City Manager recommending approval. Communication from the Historic Preservation Com- mission regarding the pro- posed flag pole and equip- ment compound which will serve as a wireless com- munication facility in Madi- son Park. Communication from the City Manager advising that the Zoning Board of Ad- justment (ZBA) had tabled the I -Wireless request for a conditional use permit to locate a cell tower in Madi- son Park. Motion by Connors to re- ceive and file the docu- ments. Seconded by Voetberg. Resolution Dis- posing of an interest in real property owned by the City of Dubuque by lease agreement between the City of Dubuque, Iowa and Iowa Wireless Services, LLC for the installation and operation of a wireless tel- ecommunication antenna facility. Council questioned the size of the flag pole and why Iowa Wireless Services had not gone to the Zoning Board of Ad- justment prior to request- ing City Council approval. Motion by Voetberg to ta- ble and recess the public heating until after a deci- sion by the Zoning Board of Adjustment. Seconded by Jones. Motion carried 7-0. West 32nd Street Deten- tion Basin Project: Proof of publication on notice of public hearing to consider the plans and specifica- tions, form of contract and estimated cost for the West 32nd Street Deten- tion Basin Project and City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 82-08 Ap- proving plans, specifica- tions, form of contract, and estimated cost for the West 32nd Street Deten- tion Basin Project. Seconded by Jones. Mo- tion carried 7-0. Upon .motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Medical Associates Clinic / Robert Hartig - Planned Unit Development District (PUD) Amendment (Sec- ond reading on February 18, 2008): City Manager submitting a revised ordi- nance for the Medical As- sociates Planned Unit De- velopment (PUD) District amendment reflecting con- ditions proposed to miti- gate impacts associated with the construction of a new building. Communications from Norma M. Kerper, 240 Devon Drive; Ellen Baumhover, 2084 Rose- mont; Dianne Glanz; Eric Kaufmann, owner of 3814 Cora Drive (February 10 and 26 letters); Darlene Kaufmann, 1430 Reeder Street; Mary Pat Kerper, 3830 Cora Drive; Steve Geisz, Concerned Citizen; Sue Moran, 880 South Grandview; Norma Kerper, 240 Devon Drive (February 26 letter); Regina Pint, Cora Drive resident; Scott and Deirdre Dalsing, 3824 Andrea Street; Jean Kohn; Tim and Georgia Schmit, 1575 Donovan; Lavonne Kennedy, 3860 Cora Drive; Emily Bush and Marcus Albers, 3828 Cora Drive in opposition to the proposed amendment. City Manager submitting a copy of the PowerPoint presentation for the pro- posed amendment to the Medical Associates PUD presented at the February 4, 2008 City Council meet- ing. Motion by Jones to re- ceive and file the docu- ments and for final consid- eration and passage of Or- dinance No. 14-08 Amend- ing Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordi- nances by adopting a re- vised Planned Unit Devel- opment Ordinance for the Medical Associates West Campus Planned Unit De- velopment District and amending Ordinances 24- 94, 32-96 and 35-99, and their respective conceptual development plans. Seconded by Connors. Motion carried 4-3 with Braig, Resnick and Voetberg voting nay. North Grandview Avenue Pet Park: Communication from the Park and Recrea- tion Commission recom- mending that the North Grandview Avenue Pet Park be closed after an al- ternative site has been found. Motion by Jones to receive and file the docu- ment and to concur with the recommendation of the Park and Recreation Com- mission. Seconded by Connors. Motion carried 6- 1 with Voetberg voting nay. KeyLine Free Rides Pro- gram: City Manager rec- ommending approval to renew the Free Ride Pro- gram with the Dubuque Community School District for another year (August 1, 2008 through July 31, 2009). Motion by Lynch to receive and file and ap- prove. Seconded by Braig. Motion carried 7-0. There being no further business, Lynch motioned to adjourn at 7:34 p.m. Seconded by Braig. Mo- tion carried 7-0. /s/Jeanne F. Schneider, CMC, City Clerk 1t3/12