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Proof of Publication_City Council Proceedings 3 15 10CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on March 15, 2010 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Deacon Dave McGhee of Nativity Church PROCLAMATIONS Dubuque Visiting Nurse Association Cen- tennial Week (March 28 -April 3, 2010) was accepted by Nan Colin, VNA: Arts Education Month (March 2010) was accepted by Greg Orwoll, Colts Drum and 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: March 24, 2010, and for which the charge is $238.96. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 02(o day of /'VA.( ,(�, , 20 (0 NbMry Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC. 11, 2010 tl9 Buick Enclave c 1, leather, loaded, A2557 995 $455/mo* 2009 Jeep ``r'= One owner $21,995 $279) I whls., low miles i95 $215/mo* 2007 Mazda CX7 Ill IMO Sharp! A2524 $16,995 $221/1 Jeep Grand Cherokee 4x4 •k L owner 995 $248 /mo* 2007 Jeep Comma • R. Air, 2 in stock. $18,995 $248/ ,, GMC Envoy 4X4 Allillift 2006 Jeep Commander ... , 1 . 65th Anniversary, 4x4, V6, lots of upgra $18,995 4 • clean, low miles, 1100 2A 248/ ` x4 SR5 Crew Mar III s, . - ; miner, low miles, A2478 195 $367/mo :j002 Fr: 1 F -150 XLT FX4 4 .— vY i' Super clean $9,995 $218/1 c DeVII ! iroof, #110013A 95 $141 /mo* 2008 Dodge Grand Caravan • V. 7).: Rear DVD. power doors, 3.8L 6 A253( $22,995 29 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on March 15, 2010 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Deacon Dave McGhee of Nativity Church PROCLAMATIONS Dubuque Visiting Nurse Association Cen- tennial Week (March 28 -April 3, 2010) was accepted by Nan Colin, VNA: Arts Education Month (March 2010) was accepted by Greg Orwoll, Colts Drum and 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: March 24, 2010, and for which the charge is $238.96. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 02(o day of /'VA.( ,(�, , 20 (0 NbMry Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC. 11, 2010 WWAWIMIEFAPJ MOST KIA'S COME EQUIPPED WITH 0 Bluetoo STATE OF IOWA v 2011 Kia Sorento. _ DUBUQUE COUNTY of the art technology, sporty styling and a !rior, the Kia Sorento is the first crossover 'ants to drive. Proudly made in America. /mo.• fitting at $17,505 Cot, session at 6:30 p.m. on March 15, 2010 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Deacon Dave McGhee of Nativity Church PROCLAMATIONS Dubuque Visiting Nurse Association Cen- tennial Week (March 28-April 3, 2010) was accepted by Nan Colin, VNA; Arts Education Month (March 2010) was accepted by Greg Orwoll, Colts Drum and • 10-year/100,000-mile limited powerirainwarranty • 5-year/60,000-mile limited basic warranty clean, low miles, 1100 2A ►95 $248/m0* WA �... 65th Anniversary, 4x4, V6, lots of upgra $18,995 $248/ 2002 Ford F-150 XLT FX4 4x miner, low miles, A2478A $367/m0* )5 Cadillac iDeVillei-- nroof, #110013A 195 $141/mo* Super clean $9,995 $218/i Rear DVD, power doors, 3.8L 6 A253E $ 2,995 $291/t {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: March 24, 2010, and for which the charge is $238.96. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this o2i0. day of (1/.0.A4% , 20 tip . Pet,, N ry Public in and for Dubuque County, Iowa. JANET K, PAPE Commission Number 199659 My Comm. Exp. DEC. 11, 2010 1 motion the acumen sonic•d and filed. MaintenanSeworkers Seconded .yd 6 0 scribed property locat- require conditional dthis Economic Development ge is $238 96. County and Airport Mechanic. of Ad ed at 2639 University permits dd d that in the amount Communication from meats were received, ) of the Dubuque County filed, and approved• term through March Residential District to Board of Supervisors Tobacco Use Proven- 25, 2015 (Term of R-2 Two-Famil Dist it. r the property ow ees rs Motion Iby Connors to witheCi y a meeting flan and Conart Com Ryann). Applicants: Seecal documents and adopt with City represents- munity Partnership Ryan AngleseAvenue? ecutiveed Dl�ectog Ex- �ied 6 Ord. Motnon car- receive and file t e tives and the County Grant: Letter of sup- Carlton Vacating Petition dRocumenton No. 87 pt cussd a Health al des- Fart for tvi Hillcrest Mchael Rd Lan, 32on Greater t Co pO DOn Seippel Rn : not of Af a izing Stheofssng cuss the potentitoal of a Family Services / IDa- Aoll call ovotenMi heel RickpinD ck nson�ration Seippel Road: Proof of Authorizing the fi ing ta ce is - City of ub witf the buqtion ef r Fundy apthe to City of Dubuque for fu- flan for funds through Roden was appointed Main Street, spoke on of public a request the Iowa Department hearing to ofn Econopmic Develop - CITY OF OUBUQUE, tore health servmotion the Tobacco Use Pre- to tho Mechancmal beers aln oasked f the dhvtlth - from consider Kress ,rep- meat on m c eofv LLC. IOWA needs. Upon mstio - Comm and P rtner- Board thro gh r aMarch ear Ye25, request be tabled into- re ent ngy Kress, duo f Pen- PITYRO COEEDINGS the documdna was er- somm rant der to give the devel- trial Facility, LLC, to va- insula Gaming, PROCEEDINGS reevto, filed and refer- shop Grant. Upon nits 20P5. flan the documents PUBLIC HEARINGS open time to work out- Cate and release ex- seconded Y nes. The Det inue uty red to the City Manag were received, filed, Upon motion the rules issues with the neigh- cess right-of-way ease- Motion carried 4-0. s sion met i0 p.m.regon er, and approved• were suspended allow- born. Dan O'Meara, ment along Seippel (Jones and Braig were se Masson at5, 201001 pin he p315Jac s nroperty a ro- utioftlitV ReroomionProj 1d for Dubuque County, IOWa, March 15, sera in the ty15 Jackson Street: Hamming anon from ing anyone City Con- Car S eckel,a 45rU i- sal. m onoad and iby Bty aaeg too- ertof Rego mo loth 264 Historic Federal Build- versify Avenue; ) City Manager recom- Communication from address the City Coun Carol Steckel, ue; Und val. Mo io rag PP ing, the acc aanceval of the egaing Commis cfl. Prncent: Mayor Burl, ger District: in opposition to the re- Resolution No. 84-10 of the contra. for the — the acceptance of a sion regarding the mi- University of Dubuque Bruce Schaal, 2765 receive and file the Streets: City Ana Council Members Sheriffs Deed for a nutes of the nt Enforce- - Institutional Amend ID Beverly Street, spoke documents and adopt recommending award Lynch Connoic, Jones, City two-story 315 Jacg lo-on me Proof of publication on, quest citing concerns Disposing of interest Utility Relocation Proj- Mn a RVanick, gen, Stoee at Bon Jackson the Safe Community MtnAter Van inney dagen, river- tenants, unsightly de- roadway over Lot 1 of ing, Inc., in the amount `' were January 20, 2010. Upon ing to consider a re- multiple vehicles and easement for public to Top Grade Excavat- ets Street. Upon motion Task Force meeting of notice of public hear- over additional traffic, and vacate an excess ert - 9th to 1 re CAb tint: Council Me - rtec documents Absent: Council Mem received and filed - 0 were tee ived ntd quest fofom tube U amend the University operativtorney ndndds. lords. ciCal Pf k Plat 3, inut e bye L In fhe docr nch to ce toeive ber Voetberg Resolution No. 78.10 were received and site of Dubuque to velopment, and unto- Seippel Road Commer- of $710,860.87. o on Mayor Buol edreadth s isthea ante o f the accepts filed. Iowa. and adohet ocumResolrats Iowa. rag lad sessio thif t e Deed of a ast offs Stgcon Contrats: ti Dubuque t Inalltu Y regular until of the half foLthe east one- Awes parkingt related for al expan ed allow the rd that at dequl of See County, our , r Cady Council to act Sale of Property - contract for the Utility half of Lot 24A in L.H. to the parking ramp at for an expanded park- the request requires Seconded by Connors. No. 88-10 Awardlfi9 the c upon such b rope ly to theLangworthy'sof Addition 975 Central Avenue; ing lot near the corner With ethel Zoning re -file Motion carried 6-0. n publi ation Ppr o etment 1 and for DU uClue t s that efo prop City to the City u Dubuque, Agreement dfer Aoje t Sf ets ( and Wes c Wasmgo may Coun before the City hewer, 2anita- . x ., West Street and 1211 ices Manager Laura Street: Proof of Buell- to 30th Streets: Sanita-_-�. me County of Dubuque,lo- tecturat and Project Streets (2320 / 2350 mission. Planning Serv- 1 Cpledg. we actor plat to the Stan Resew for Energy d;; Pledge of Allegiance recorded plat thereof Star Certification and Finley Street) and Zon- Carstens stated that R2 cation on notice o rY led bytDn was pro- Fi Opt the submission of a -sate located at 1699 Conduit. Seconded by � W vid Eco Smart Building, ith son recommenmi- mend does not evelep- publi the sag o on- man, ass nber ater- located ati2315 Jaca on Utility Rebates with ing Advisory Commis- Residential Develop- public hearing to con- Transmission a e - McG a Deacon tivi y S PEet was adopts McGhee of Nativity BEG Capital G equ st: for the new ponkthe Con o rs Motion Y car- d conditions and that the Christina Krer as he lips d n Demolition and Mov- Church penditure Request: ramp. Upon motion the Connors to receive and site plan or screening Washington Street to Connors. Mo ion 0. PROCLAMATIONS Cty Manager recomf docu co- of nnhunue VISItin9 mandinO aaOrOVAI Of Ce1Ve hearing to consider a ing of icy-Jwnea pC t� ^-••- ro ert specifically, Jones to receive and Bugle Corpu; CCor - Facs es in the a and eager, A of Don , fdor a ra Beaded. Lion car by re uest fro to erC ty pro Two of Lot Eically, Jon the oo rec eats and Werner, Dubuque mun ty Schooll Distrri t; of SI$72 000 f fora Loras efund of Beer a d Liq- 6.0 ig. Motion carried of Dub que the Cine p p Y. College for the neces- uor License Motion by Connors for property located south Six in East Dubuque that the requirement Ked Wendy aKd hasty- County of nance pre osedidere- aof and a be c fsr pas Kephart of Kephart's sate egshaed f�to educa- amount4of$633.75. the Passage sofmOndingnTi o hf 1f H ghw Yan 61/151 Dubuque,east of Addition in lowa,the ity of that a propose or i- d Music Afore; Gad the irate Julien ubuque's D tofh tional C thendl cu. Upon Upent. mwe a the tie. 6 10 A Udeieo revel- Comm ciInal and DHI aalat t Was located meeting ap for t it ie uncil received and ceived, filed, and.the buque Code of Ordi- Commercial and HI • ed plat thereof located meetings prior to the Julien Dubuque's Death mo`e n the documents documents were re- tits 16 of the City of Du- from C-4 Downtown cording to the record- sage at two 0 (March 24, T T. We refunds approved. nances, mto tie passed bh sus- s PRESENTATION filRu. ro- trict to PUD Planned Street. Seconded by American Eatio Aof Rural Gra t (Enter- Ligns: CiLiynse eager spmenf Cohe, py pent Dis- Connors. Motion ray ion to Bill recommending appro- -of an amended campus trict with a PC Planned riedon motion the rules Con ors lines 2009 Station of prise Gra t (RBEG): Cations: City Manager siding for the apmeov o Commerc alUnit pmdesigna- Cupnors. Motion car- Beaded. Seconds Y r- the Year Award web Communica accepted by Bob - Rural Staty Director cel a annual squor b- allowopmnnt p asscoe df Oron and -0. the U.S. Depart- miffed. Upon motion an expae Uen versityi of Millwork Z oinDg frAdvisorly C 9Y Count lion to the pal consideration and Steinhauser and Chris- - Rural Development cease renewals as sub• allow h nstrution of flan for the Historic were reinstated limit- Motion by Jones o - E W Af of American for pNo.as ge-10 Amen ace Eagle NSENT m pport of the Ru al rtec documdnfiled and fil word Du fur t MO ion by ITEMS su sines of the Rural received ar a o. 80-10 aal D st i ley r the cor- lion bn app ovtone- the Cquest to End ess Code ofit Ordinances ue -oval. Mo- Request to Address the City of Dubuque C f rs Motion nd Lynch hte Grant ( Enterprise Granting i 80 ce n r ofrit eyneaand- test mending app Coe Building ace D i- receive and foe the Gon fdevel apnias- Granting th velopment, Chander 2 for tense tnew cigarette li- Streets. o O'Clock Indus- Braig. Jim Steiner, Vice ments and that the re- to address the City documents, adopt the ' flan to develop an as- of one nor drat d and President eof n Finance qu rement Ithatea pro- CouncUf ton pre sat ra Building Construction, p s e of and did. biomasesSmsnt map Second etitlon asking that flu- Demolition and � ov- Sece ded as indicated. Gi eater fDu within the tries I p Section .12 1- Motionca by Braig. gion an Dubuque re- Granting i 81 ce for tqu Uni00rUni of consi ordinance d p permit Required; Set: Motion carried 6-0. gran and northeast lo• Granting the issuance Dubuque, 2000 Univer- considered and voted orlon be removed from ing, able TV documents were re- Beer/Liquor License to support of the pro- Council meetings prior Request of Shane tion 14-2-2: Application Minutes and Reports wa. Upon motion the of a Class "C" sity Avenue, spoke in on for passage at two Dubuque's water. P 3. PermitSection 14- ed; S c - T e l e pted: C Bunker Hill Golf posed ordinance and to the meeting at Duncan to address the for Permit; Section 14- Co mis ion of /2 ceived am filed. 2-3: Moratorium fen Commission of 2/2; be suspended. Second- the dangers of fluoride. Generally; Council Appoint- Course, Salsa's Mexi- stated that houses af- which it is to be passed City Counci -scar in don Crest, provided - 2-4: Mori t iu Otfor Neighbor's, and meat would be ed by Jones. Motion Ms. Amberg, 80 Croya- City Conference Board meats: Communication can Restaurant, P.J. feted by the eve op- 2/f 2, 1,ty Council of from the Iowa uesting RoTasewood Diner/Sup- deconstructed •or relo- carried 6-0. Envir ram nta and ew3/9- thof Cites rncil Meng d a nal co idof Otionannd suboppi ted to etit flue- Ste; Section 14-2-5: Voetberg ITEMS TO BE SET FOR ices Manager ideaura Pnal consideration and submitted a petition in Streets, Areas or Facili- Environmental Stew- that City Council Mem- per Club were adopted. rated. Planning Serv- Motion by Connors for slide presentation and Work on Ce am mi sic Af 3/2; Com ser Dirk A vi o r of Com fission serve on the mi tee. MUBon y Lynch Carstens prov - ion of que's Fees; on tion from receive and file the carried 6-0. tie 16, of the City Of .water and requested Special Provisions; 4-2-6: Advisory Commission tree Policy ca mitten. Motion by Lynch to staff report. me of- Re- Dubuque Code Of 0 dion No. 20-10 Amending ii- the £City Couinc'iblumove Section e1412-7: lnsur- Afjust Zoning Board of eommoni Bethany Ho A Proofs of p 2/25blic the Natiadvi inggue at recumenns, adept the Proofs of publication Cltles advising that resolutions, set the quest to Rezone: Proof nances, Unified Devil- to further study the ef- ante Requiremen s; described pherena for eA. M SDunc n, 506 feting Sefton 1d 2 8- s been public Gad gs as the ore oof ca ion heaves classifying hereina re- ter. Mr. Duncae, a- Se .ion 4-2- and dal l of City Council Pro- City Council Member public hearings as indi- of publication on no- opment Code, by re- fects of fluoridated wa- Section 14-2-8 Specie ha ted, ect 15,16, a of 2010uary apk intedVoetbto th 15, lLi am 24, oar 20pointed to tty NLC Coy Clerk s ibedpublish fr consider a ref on Hach, Bethany Home, Street, east of White about fluoride and ed by Braig. Motion rcement. Second - Library Boers ofm 2010 Econom c Development lawCe Seconded er by from Gethan MHome, Street - cated south of and weW12th ed a st itofe about) inf Dori d tioni td cares d 6Br Mo thesmes ngdafe from Ec Connors. Motion car- to rezone property any meeting of Febru Comy and Advocacy ried 6-0. cated at 921 / 925 Lin- Highway 61/151 from fluoridated water. Mo- Dubuque Ice an Rec- ary 25, 2010 Commmun. approval co anm adng National League of Consolidated Ptan and Alternate Two -Family inertial and HI Heavy Jones and Resnick sot- age- recommending Upon motion the Communication from fiscal Year 2011-2015 -coin Avenue from R-2A C-4 Downtown Com- flan carried 4-2. With -nation, Inc.: CI y a - ceived nd were re _the ceivNo and fond. R-3 Moderate Density PUD Planned Unit De Sunset Ridge: Com- tional contribution to i- Cities advising that Analysis of Impedi- Residential District to Industrial Distrit to ing n ay. N: Re of ClKi use Kev Council asMembern Cityts to age Housing: 700 Dub by Jones eo recena anted to the NLC mending that a public tial District Cand omm onio a PC atPi de finned Comr the McNa Ara, tt raS inset construction costs. Mo- a Suits: Rebecca Kruse Kevin Lynch has been City Manager recom- Multi -Family Resider- velopment Distrit with munication from Tim Dubuque Ice ten ril n for vehicle damage. appo BrianClemons vd• gy a ad io Communica- 19, 2010 to onsiderr ap- rrec mmending appro- Historic Millwork Dis- iti n rug rdi o Sense- and the re- and file ile the docu- ents Brian yWof Dubber and qY John Rotten Ridge ct o rof Sunset and approve het nec- the nCa lle Dor vehi- flans Policy and Advo Year 2011-2015 FCon- tolreceive and fits the Br•ai9 UD. Seconded y cl eda age. for vent- racy Committee. -dint he ba spokerns ores the con- Coun 1. Motion abd Reque6-for Work Ses rats were re- Analysis of Impedi- •the requd'ireoment that a spoke expressing his Council. Motion by carried 6-0. cle damage. Upon mo- Upen motion the solidated Plan and documents and that mere-, 1105 Loras Blvd., to be heard by the City ed by Lync . o ion flan the ved, filed docum were received, fCi y ceived ynd fivl. means to Fair Housing- conside and referred to the City City Development Upon motion the sou- considered and voted dition of Washington file dothe City cuments and' re- sion: City snags- - ACity Att Board: eoenicatio . meats were received onCo ncor pmeetinssage gt for 2602 in iendaitDriStreet; Phil ve, er. se ended by J Manag- es. worc questing City Council session din tha City Attorney ollowing frMom Admini or and fond and Resolu- Council m mee in priat spot Hacienda Dnve, Tim cNamaridge, , 700 workproped io nsdirection ron 9the that the following McCann, Ad vi lopment " tion ice. 82 in setting e tow thite to bt' passedg r- claims have liceE re-ty - City aevelopmblic Fiscal hearing on the bewhich p is . Second- inc two pin elsth being fisted r ces o EIowa, heard, that a patter Cionsl date 2Pd lanf r5 ed suspended. SMotion Je led z nin . Attens Con- conn f Sunsity Council et Ridge sider c- poleuque Regional s pa o n LynchIto Reek gent for h Iowa, of the it thf Asa ey Housing and Communi- car- ed 6-0. Mosif Jennifer lemenaorC n- a nao f Sun st Rid we as nat a worn y Lyncger -mi- for the agCommuni for th-Iowa of unt City n Y Srk t. a n ro er sir. Motion April 19, n for ante ioo:ies Assur-heena including an non -con ty Du ion No. and Motion si Conno outrisi 6w. April , Br 10. 0. Gate Povve Shears setting nowcon• Setting on N li hea - pail ge of Or in are LLC, andting age; vefor ttt orl dafor thetur n area of the Setting a pAnal is a of po. 19-1 of endnance ak, anhd tAth Lddisrict d 6-0. vehi Everett Coady gar the of Du aqua wi the Inc d tee Analysis in tie. 6 of a Citt iof Du- show be co a owner Girantnt n aown n Manager d Sta- ta eP sooion ts itye rd- d- vehicle damage; City of Dubuque will be Impediments to Fair tie 16 of the City of Du- maps be corrected to flan Loan and Facadoe and ngothee Stat Aof hideccd mage for von heldUpo on April he, ocu- Housing wpue adopted buque Cpato a of mote damage. Upon Upon mwon the docu ing fg Ce m eett in p to opine t galhedre�ina re - rag Elm onsider foer park- al of a ette a Dcwn- sheeduCt for AMddress were the ved, filed and fil were received comforme a meeting t . cl si yen phereina to ing, lm Streetd elan a parstak- townmitm a I for town- March 22 yfor20of d y, were received, filed and filed.201m in the Ct 7:00 and 08 Catced. DubuSup County ervisors - Hn April Fe19, eral B the des of coin Avenue from R-2A around her clients' Facade Dedrant Graof Cha bens at the Build iis- il 2008 Catch Basin Re- FEMA: oard oComf municat on iHii9toric Federal Build- Gated at 921 / 925 Lin- gored development Loan for $300,000, . a p• Manag eat Project: City licants were invit- Residential District to man Miller, - Historic of $10,000, and a Finan- Motion by Lynch to re- g. Manager recommend- from the Dubuque BOARDS/COMMISSIONS Alternate Two -Family property. Ellen Good- $10, ing Catc anBe iofn the vouns i Bsupd of rt of th- App' Motlen a docu l t nt efforts of in- Council regarding their Multi -Family Residen- source Development of $15,000 for Helicon ments. Seconded by 2008 Catch Basin Re- visors in support of the ed to address the City R-3 MedrictteSeconded Directok 421 £West 3rd Man gementan LLCrato Brag and file t e ocu- completed byoject r- City' There being no fe -- d completed ati g, Der, pro a rty with the desire tg Boan / the bat D molt excavating, tnc., property owner ap- following Boards/Cam- by Jones. Planning Street; Dubuque Main support their rehabili- 6- . - Laura Carstens provid- for Dan LoBianco, 069 Street (at 756 Walk- motion the C Main ther ss,Counon in the finnal 9c ntract . po the eals process rerocess l ted miss oDevelos: Cot mma iity Services Manager Street Executive Direc- tcated ation of property o amount $ Commission. One 3- ed a staff report. Main Street; Tim cil t Upon mwe a the docu Management gl Emergency and John ton Sh Connors . re- adjournAMC, : ty Cm. and f were received planmina y fl od plain ruary er15,th20 3h (At- speaking onabehalfcof Ridgemara, nd700 Sunsent doer'by Ce Snors). Me- adjourned F. S: eide and No.file-10 ARccep - mapm ry Term - of Bethany Home, 1005 Gronen, Gronen Prop- ceive and file the docu- rk ton he 002008 C tch Ba- maps. ent were the Large lotion ments nd. 8o-t0 so 4 ran the lace Catch Ba- document led. re Peter) KoshakjiP1076n/2 that the two houses of Street, spoke in sup- lut on Noa 86-10erAu- it 3/2 sea Replacement Prn- cFisca and riled. ue. fected by the request port of the rezoning. Commitment and addif pat end authoricin - Fiscal radar tom11 Wage AUpp intn Ats to tact at of tht cto he tion Plan ack Cofer Non- Apponng Boa to the were salvaged and are rag, 390P.J. 1or A&K Lin, e s- tng-a acwntswon ern- c ntracore wasunt fadopt BargaininggeUnit Em- miss ono CivildSery a ried m- now 6 0ne. Motion car Partner for th Stre t, tonal aownto cn Renn- eoployees: - Rn- que noneied of a was Facade Grant an pro d er. recomm n i Ma pproo- yearmi tom Oth ough vestments,PLLC, - e not noned why hp wac g Fagrty deoGrt t a r op- Medlacom: Commuee val of thedFis app Matra locate. Secon756 Applicants: of publication- on no- tat a t sug an, he up- by Min Stre .. Seion dad 56 cation from Lee vat of the Fiscal Year April 6, 2014 (Term of quest to Rezone: Proof input meetings a In SenioreM gee-aGov- 20 m rasa i Plan age Tomlling)• 2310 tice of public hearing p Senior t Rela io -Gad- f o non -baton Png unit Tom Hil Dri ernment Relations, ad- for non -bargaining unit Knob Hill Drive; Jim to consider a request lieved the district tie 6• . meats, Lop, t rezone S reef isa successfully Office of the Governor e flan the documents sweet Lane. Upon con- buque Property Invest- Street until the first Press release from the vising that on or about employees. Upon mo- Schilling, 3283 Bitter- from Greg Prehm / Du- should end at 11th I -JOBS Grant Awar : March 4, 2010 th that nor SS located at completed. John White, announcing Tru TV w l b HdN dno were esolu ion No. 79- o and filed C uncce from the City prop rtty loca eAdenute coo Burch ohn W ite, annoof n ing0 OOO t- the The hi wdl be added to and p oving the Wage appo nted Jim Schill ng 2639 Uri the high nefinition linee 10 App do. Upon motor the Plan ack Cof rennn- to the Civil Service (hets 46 through it0 of quested .that his prop- award itoacq irestand OBS unit _ em year. __term _; .through along -Beverly Avenue) conflicts n the zomm�g nciting- row -house six hmentc document was re- flan Package for non- Commission for a 4- the Lenox Addition erties not be included award to acquire an censric er and filet. bloyees fo from R-1 Single -Family art of the Washing- ighwayce a ety: for 2011 w fo dopted Year Aprils, 20 . Highwpo Safety: eon 2011 was adopted. Mechanical Board: Residential District to dential and heavy in- as ICATION gee- through Marco i 16 2013 denng ADi tore Cam- Street, s 1048 thWh to vttali by ationynPll n.tMo- dial report from the In- Amendment taCollc- Two 3-year terms R-2 Two -Family Resi- dustrial uses. Dave ton Neighbor oo e- Zo Highwa InSafete for five B Teamng s L pphoningy Sle dy on ment City Manager £Terms of K y PapiAppli- mission recommending has ro o jjection oo ceive ments.nd fiilethe edo u- Uponingwhile a docu- red mm my Ma pp oo- cants: and BM chael Kelly, denial. Motion by Motion carried ` by Upon was re eie docu- recommending app Timber Line meat was received and tot of an the Coll cove Bart Paul Pap n, 29551Jack- file the documents and alcuseted to the condition- permit prr cess 6-0'g 1Cat1011S, Inc•, an I°Wa fileN. Agreement son Street. Motion by concur wi h teed denial hic couldn unit ex- Finaa e f Iowa aisDirect ct 1 Common Ns: Arta Le roue ofa- withing to appoint of a P p Title pans Mananni Laura Apancialon:City Man t Cities: Article from Na with the Teamsters Un Braig a newspapeT of general circulation tion'stled Cities Weekly en- eon to provide fora Michael Kelly and Paul n16 of the City of ance amendingens provided a )ubuque and State Of Iowa; hereby Actio "Ages Taking work week hours cper cal Bn ao thfe r t ouni- que Untietiof Devi lop- statfff resortandng stated approval of of a the s b- Action Agan ." pon ddaysof ten and four days per yearBoterrmsor two gh que C cif d De elopi4 ea tax i ti n teas ess- mis ion o s stance Fm ' er on the following macion the do met Y 2013. - ment Code, by isistan to the n said rieWSpap week for the Airport Secon 16, R k tying hereinafter de- al, but expansionswill se gram aowa Departion t of was Dubuq i e . Motion carrie uireunder of Dubuque ou Board of Supervisors Upon motion the docu-ustment: Boardone 5-year from R 1 Single -Family io the City usesCounty$50,000 on behalf LC. mints were re- file the documents an • and ftled� that the requirement des. M meets con u and fC City Manager tic age- ^recommendings: Citoo_ that a oroaosed ordi des. Motion to concur Stabilization Program rag Permits: Man- _mand- 20 �c'_• JANET K. PAPE Commission Numbere199659 My Comm. Exp. CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS The Dubuque City Council met in regular session at 6:30 p.m. on March 15, 2010 in the Historic Federal Build- ing. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl Absent: Council Mem- ber Voetberg Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the City Council. Pledge of Allegiance Invocation was pro- vided by Deacon Dave McGhee of Nativity Church PROCLAMATIONS Dubuque Visiting Nurse Association Cen- tennial Week (March 28-April 3, 2010) was accepted by Nan Colin, VNA; Arts Education Month (March 2010) was accepted by Greg Orwoll, Colts Drum and - payment of the con- tract amount to the contractor was adopt- ed. Mediacom: Communi- cation from Lee Grassley, Mediacom Senior Manager - Gov- ernment Relations, ad- vising that on or about March 4, 2010 the Channels E!, HLN and Tru TV will be added to the high definition line- up. Upon motion the document was re- ceived and filed. Insurance Institute for Highway Safety: Spe- cial report from the In- surance Institute for Highway Safety on phoning while driving. Upon motion the docu- ment was received and filed. National League of Cities: Article from Na- tion's Cities Weekly en- titled "Cities Taking Action Against Dis- tracted Driving." Upon motion the document was received and filed. Dubuque County Board of Supervisors: Communication from the Dubuque County Board of Supervisors requesting a meeting with City representa- tives and the County Board of Health to dis- cuss the potential of a partnership with the City of Dubuque for fu- ture health service needs. Upon motion the document was re- ceived, filed and refer- red to the City Manag- er. Purchase of Property - 2315 Jackson Street: City Manager recom- mending approval of the acceptance of a Sheriff's Deed for a two-story dwelling lo- cated at 2315 Jackson Street. Upon motion the documents were received and filed and Resolution No. 78-10 Approving the accept- ance of a Sheriff's Deed for the east one- half of Lot 24A in L.H. Langworthy's Addition to the City of Dubuque, County of Dubuque, Io- wa, according to the recorded plat thereof located at 2315 Jackson Street was adopted. PEG Capital Grant Ex- penditure Request: City Manager recom- mending approval of the Cable TV Tele- Programming Commis- sion recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Ac- Plan and Compensa- tion Package for Non - Bargaining Unit Em- ployees: City Manager recommending appro- val of the Fiscal Year 2011 Wage Plan and Compensation Package for non -bargaining alit employees. Upon mo- tion the documents were received and filed and Resolution No. 79- 10 Approving the Wage Plan and Compensa- tion Package for non - bargaining unit em- ployees for Fiscal Year 2011 was adopted. Amendment to Collec- tive Bargaining Agree- ment - Teamsters Local No. 120: City Manager recommending appro- val of an amendment to the Collective Bar- gaining Agreement with the Teamsters Un- ion to provide for a work week that con- sists of ten hours per day and four days per week for the Airport Maintenanceworkers and Airport Mechanic. Upon motion the docu- ments were received, filed, and approved. Tobacco Use Preven- tion and Control Com- munity Partnership Grant: Letter of sup- port for the Hillcrest Family Services / Du- buque County applica- tion for funds through the Tobacco Use Pre- vention and Control Community Partner- ship Grant. Upon mo- tion the documents were received, filed, and approved. Housing Commission: Communication from the Housing Commis- sion regarding the mi- nutes of the Enforce- ment Subcommittee of the Safe Community Task Force meeting of January 20, 2010. Upon motion the documents were received and filed. Signed Contracts: Qwest contract related to the parking ramp at 975 Central Avenue; Agreement for Archi- tectural and Project Plan Review for Energy Star Certification and Utility Rebates with Eco Smart Building, PC for the new parking ramp. Upon motion the documents were re- ceived and filed. Business License Re- funds: Request of Bammers Sports Bar and Grill, LLC, for a re- fund of Beer and Liquor License #LC0037050 in the amount of $422.50. Ap'ntrrients to the following Boards/Com- missions: Civil Service Commission. One 4- year term through April 6, 2014 (Term of Schilling). Applicants: Tom Rawson, 2310 Knob Hill Drive; Jim Schilling, 3283 Bitter- sweet Lane. Upon con- currence from the City Council, Mayor Buol appointed Jim Schilling to the Civil Service Commission for a 4- _ year _term_ _through April 6, 2014. Mechanical Board: Two 3-year terms through March 16, 2013 (Terms of Kelly, Papin and Bandy). Appli- cants: Michael Kelly, 2875 Timber Line Drive; Paul Papin, 2955 Jack- son Street. Motion by Braig to appoint Michael Kelly and Paul Papin to the Mechani- cal Board for _two, 3- year terms through March 16, 2013. Seconded by Resnick. Motion carried 6-0. Zoning Board of Ad- justment: One 5-year term through March 25, 2015 (Term of Ruden). Applicants: Ryan Anglese, 2752 Carlton Avenue; Michael Ruden, 3256 Arrowwood Lane. Upon roll call vote Michael Ruden was appointed to the Mechanical Board for a 5-year term through March 25, 2015. PUBLIC HEARINGS Upon motion the rules were suspended allow- ing anyone present to address the City Coun- cil. University of Dubuque - Request to Amend ID Institutional District: Proof of publication on- notice of public hear- ing to consider a re- quest from the Univer- sity of Dubuque to amend the University of Dubuque ID Institu- tional District to allow for an expanded park- ing lot near the corner of Finley and West Streets (2320 / 2350 West Street and 1211 Finley Street) and 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 - were salvaged and are now gone. Motion car- . ried 6-0. Dubuque Property In- vestments, LLC, - Re- quest to Rezone: Proof of publication- on no- tice of public hearing to consider a request from Greg Prehm / Du- buque Property Invest- ments, LLC, to rezone property located at 2639 University Avenue (Lots 46 through 50 of the Lenox Addition along -Beverly Avenue) from R-1 Single -Family Residential District to R-2 Two -Family Resi- dential District and Zoning Advisory Com- mission recommending denial. Motion by Connors to receive and file the documents and concur with the denial of a proposed ordi- nance amending Title 16 of the City of Dubu- que Code of Ordinan ces, Unified Develop- ment Code, by reclassi- fying hereinafter de- scribed property locat- ed at 2639 University from R-1 Single -Family Residential District to R-2 Two -Family Resi- • dential District. Seconded by Braig. Ex- ecutive Director of Greater Dubuque De- velopment Corporation Rick Dickinson, 300 Main Street, spoke on behalf of the develop- ers and asked that the request be tabled in or- der to give the devel- oper time to work out issues with the neigh- bors. Dan O'Meara, 2631 Nebraska Street; Carol Steckel, 2645 Uni- versity Avenue; and Bruce Schaal, 2765 Beverly Street, spoke in opposition to the re- quest citing concerns over additional traffic, multiple vehicles and tenants, unsightly de- velopment, and unco- operative landlords. City Attorney Lindahl stated that a denial of the request requires the developer to re -file with the Zoning Com- mission. Planning Serv- ices Manager Laura Carstens stated that R2 Residential Develop- ment does not require the submission of a site plan or screening conditions and that the project meets City co- des. Motion to concur with the denial carried 6-0. Request to Rezone - Historic Millwork Dis- trict: Proof of publica- tion on notice of public P.J. Anglin, Managing Commitment and addi- Partner for A&K Leas- tional actions concern- ing, 390 E12th Street, ing a Downtown Reha- questioned why he was bilitation Loan and not notified of public Facade Grant for prop - input meetings adding erty located at 756 that although he sup- Main Street. Seconded ported the plan, he be- by Resnick. Motion car- lieved the district ried 6-0. should end at 11th I -JOBS Grant Award: Street until the first Press release from the phase is successfully Office of the Governor completed. John White, announcing that the S S • 434 Burch Street, re- City of Dubuque will re- quested that his prop- ceive a $240,000 I -JOBS erties not be included award to acquire and in the rezoning citing— retiabilitate-six historic conflicts between resi- row -house apartments dential and heavy in- as part of the Washing- dustrial uses. Dave ton Neighborhood Re - Miner, 1048 White vitalization Plan. Mo- has no objections to ceive and file the docu- ICATION Street, stated that he tion by Lynch to re - the rezoning but ob- ments. Seconded by jetted to the condition- Braig. Motion carried al use permit process 6-0. which could limit ex- State of Iowa Direct pansion. Planning Ser- vices Manager Laura Carstens provided a staff report and stated that existing business- es can operate as usu- al, but expansions will require conditional use permits under this PUD. She added that the City uses County records to send notices to the property owners of record. Motion car- ried 6-0. Vacating Petition - Seippel Road: Proof of publication on notice of public hearing to consider a request from Toby Kress, rep- resenting Kress Indus- trial Facility, LLC, to va- cate and release ex- cess right-of-way ease- ment along Seippel Road and City Manager recommending appro- val. Motion by Braig to receive and file the documents and adopt Resolution No. 84-10 Disposing of interest and vacate an excess easement for public roadway over Lot 1 of Seippel Road Commer- cial Park Plat 3 in the City of Dubuque, Dubu- que County, Iowa. Seconded by Connors. Motion carried 6-0. Sale of Property - 1699 Washington Street: Proof of publi- cation on notice of public hearing to con- sider the sale of real estate located at 1699 Washington Street to Christina Krier as part of the Neighborhood Stabilization Program and City Manager rec- ommending approval. Motion by Braig to re- ceive and file the docu- ments and adopt Reso- lution No. 85-10 Dispos- Financial Assistance Application: City Man- 1 Communications, Inc., an Iowa arecommending . a newspaper of general circulation appppr roval of the sub- , mission of a Direct ho-iY)ubuque and State of hereby Asta gram nanciai applicassistionnce toprothe-Iowa; n said newspaper on the following Iowa Department of Economic Development in the amount ' of $50,000 on behalf of'. Peninsula Gaming, LLC. Motion by Connors to receive and file the documents and adopt Resolution No. 87-10 Authorizing the filing of a Financial Assis- tance Application to the Iowa Department of Economic Develop- ment on behalf of Pen- insula Gaming, LLC. Seconded by Jones. Motion carried 4-0. (Jones and Braig were out of the room) Utility Relocation Proj- ect - 9th to 10th Streets: City Manager recommending award of the contract for the Utility Relocation Proj- ect - 9th to 10th Streets to Top Grade Excavat- ing, Inc., in the amount of $710,860.87. Motion by Lynch to receive and file the documents and adopt Resolution No. 88-10 Awarding the public improvement contract for the Utility Relocation Project - 9th to 10th Streets: Sanita- ry Sewer, 20-inch Transmission Water - main, and Fiber Optic Conduit. Seconded by Connors. Motion car- ried 6-0. Demolition and Mov- ing Permits: City Man- ager recommending approval of amend- ments to the City of Dubuque Code of Ordi- nances relating to demolition and moving ge is $238.96. id for Dubuque County, Iowa, ,20 (0 i and for Dubuque County, Iowa. lo JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC. 11, 2010