Proof of Publication_City Council Proceedings 11 15 10Citizen Communica-
tion: Communication
and petition from Joan
Wehrspann regarding
recreational burning in
the City of Dubuque.
Upon motion the docu-
ments were received
and filed.
EG 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-
cess Equipment and
Facilities in the amount
of $86,000 for Loras
College to purchase
new studio cameras
and a new production
switcher. Upon motion
the documents were
received, filed, and ap-
proved.
National Civic Review:
City Manager transmit-
ting information from
the Fall 2010 special is-
sue of National Civic
Review on the Civics of
Sustainability, which
includes an article
written by Planning
Services Manager
Laura Carstens entitled
"Defining, Inspiring,
and Implementing Sus -
tainability." Upon mo-
tion the documents
were received and
filed.
Signed Contracts: Co-
operative Winter Road
Maintenance Agree-
ment; Catfish Lift Sta-
tion Standby Generator
Contract; and Ray-
mond Place / Maiden
Lane Retaining Wall
Repair Award Record-
ing Memo. Upon mo-
tion the documents
were received and
filed.
Liquor License Trans-
fer: Transfer of the liq-
uor license of The Ro-
tary Club of Dubuque
to 700 Locust Street on
November 20/21 and
November 22/23 for
the Mercy Festival of
Trees event. Upon mo-
tion the documents
were received, filed,
and approved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 442 -10
Granting the issuance
of a Class "B" Beer Per-
mit to Jumpin' Jane's
Motion by Jones to re-
move the proposed or-
dinance amending Title
16 of the City of Dubu-
que Code of Ordinan-
ces, Unified Develop-
ment Code, by
reclassifying herein-
after described proper-
ty located at the end of
Radford Court from C -2
Neighborhood Shop-
ping Center District to
R -4 Multi - Family Resi-
dential District from
the table. Seconded by
Connors. Motion car-
ried 6 -0.
Motion by Connors 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 suspended.
Seconded by Jones.
Motion failed 4 -2 with
Buol, Lynch, Resnick
and Braig voting nay.
There was no motion
for a first reading of
the proposed ordi-
nance.
Planning Services
Manager Laura Car-
stens provided a staff
report. Zoning Adviso-
ry Commission Chair-
person Jeff Stiles re-
sponded to questions
from City Council. At-
torney Mark Sullivan of
Reynonlds & Kenline
Law Firm spoke in op-
position to the pro-
posed ordinance on be-
half of adjacent prop-
erty owner and wife
Marna Sullivan, 4617
Camelot Drive. He in-
formed the City Coun-
cil that while he did not
officially represent oth-
er property owners in
attendance, his re-
marks did reflect their
viewpoints. Mr. Sulli-
van stated that the ap-
plicant failed to prove
that the C -2 zoning is
in error. Property own-
ers Sally Schneider,
1941 Hummingbird
Drive; Karen Maury,
1981 Hummingbird
Drive; Marna Sullivan,
4617 Camelot Drive:
Greg Wollmuth, 1885
North Court; Robert/
Angie Hohmann, 1866
Hummingbird Drive
spoke in opposition to
the rezoning citing foot
traffic across private
property, storm water
runoff, increased ve-
hicular traffic and dan-
gerous intersections
and street crossings as
additional issues.
District by modifying
Section 2(D) Signs re-
garding allowed size,
height and illumina-
tion.
Unified Development
Code - Text Amend-
ment: Proof of publica-
tion on notice of public
hearing to consider a
request from the City
of Dubuque to amend
Article 13 of the Unified
Development Code to
clarify the number of
bicycle parking spaces
required for parking
lots over 50 spaces and
Zoning Advisory Com-
mission recommending
approval. Motion by
Jones to receive and
file the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Braig. Motion carried
6 -0. Planning Services
Manager Laura
Carstens provided a
staff report.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No. 60 -10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
amending Article 13,
Site Design Standards,
to clarify the number
and location of bicycle
parking spaces re-
quired for parking lots
over 50 spaces.
Seconded by Braig.
Motion carried 6 -0.
Request to Annex -
Dubuque Metropolitan
Area Solid Waste Agen-
cy: Proof of publication
on notice of public
hearing to consider a
request from the Dubu-
que Metropolitan Area
Solid Waste Agency to
voluntarily annex and
rezone 318.25 acres of
property on the west
side of the City of Du-
buque and City Manag-
er recommending that
this item be tabled to
December 20, 2010.
Motion by Connors to
receive and file the
documents and table
to December 20, 2010.
Seconded by Braig.
Motion carried 6 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Dubuque Industrial
Center North - Final
fleet and adding Intelli-
gent Transportation
System Technologies
(ITS). Seconded by
Resnick. Transit Man-
ager Barbara Morck re-
sponded to questions
from City Council. Mo-
tion carried 6 -0.
Purchase of Light Du-
ty Transit Vehicles -
Request for Proposals:
City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposals for
the purpose of obtain-
ing a Light Duty Sprint-
er vehicle purchasing
contract that contains
the clean diesel engine
option for Keyline
Transit. Motion by Con-
nors to receive and file
the documents and ap-
prove the recommen-
dation. Seconded by
Resnick. Motion car-
ried 6 -0.
Southwest Arterial /
Value Engineering
Study Update: City
Manager transmitting
an update on the re-
sults of the preliminary
design Value Engineer-
ing evaluations for the
Southwest Arterial
project. Motion by Con-
nors to receive and file
the documents.
Seconded by Jones.
Motion carried 6 -0. As-
sistant City Engineer
Bob Schiesl provided a
slide presentation on
the project and re-
sponded to questions
from City Council.
Expansion of Wash-
ington Neighborhood
Yard Lighting Initiative
Program: City Manager
recommending appro-
val of expanding the
Washington Neighbor-
hood Yard Lighting Ini-
tiative to older neigh-
borhoods in the City as
well as to the
low /moderate income
(target areas) of the
City. Motion by Braig to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Jones. Motion carried
6 -0.
Sustainability at Work
Presentation: Presen-
tation on "Sustain -
ability at Work: How
Sustainability is En-
hancing Dubuque's
Economic Competitive-
ness." Motion by Con-
nors to receive and file
the information.
Seconded by Resnick.
Motion carried 6 -0.
Sustainable Communi-
ty Coordinator Cori
Burbach provided a
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: November 24, 2010, and for which the charge is $187.33.
-a
Subscribed to before m a Notary Public in and for Dubuque County, Iowa,
this „7,&9 day of ix." ) , 20 .
Notary Public in and for Dubuque County, Iowa.
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
November 15, 2010 in
the Historic Federal
Building
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 Major Tom
Mason of the Salvation
Army.
PRESENTATION
International Livable
Communities Award
was presented by Sus-
tainable Community
Coordinator Cori
Burbach.
PROCLAMATION
Five Flags Theater
100th Anniversary
Week (November 15 -
20, 2010) was accepted
by Five Flags Theater
Lobby Committee Co-
Chair Ali Levasseur,
405 Main Street.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Resnick.
Motion carried 6 -0.
Minutes and Reports
Submitted: Cable TV
Regulatory Commis-
sion of 4/14; Cable TV
Teleprogramming
$164,306.81. Upon mo-
tion the documents
were received and filed
and Resolution No. 437-
10 Accepting the Green
Alley Project (15th -
16th between Wash-
ington and Elm
Streets) and authoriz-
ing payment of the
contract amount to the
contractor was adopt-
ed.
Copper Field Subdivi-
sion - Acceptance of
Public Improvements:
City Manager recom-
mending acceptance of
the public improve-
ments which the devel-
oper, Copper Mill Con-
struction, has complet-
ed in Copper Field Sub-
division in the City of
Dubuque, Iowa. Upon
motion the documents
were received and filed
and Resolution No. 438-
10 Accepting improve-
ments in Copper Field
Subdivision was adopt-
ed.
2010 Sidewalk Assess-
ment: City Manager
recommending appro-
val of the levy of a spe-
cial assessment for a
public sidewalk re-
placement at 662 West
8th Street. Upon mo-
tion the documents
were received and filed
and Resolution No. 439-
10 Adopting the final
assessment schedule
for the 2010 Sidewalk
Assessment Project
was adopted.
Census 2010 Final Par-
ticipation Rates: City
Manager submitting
the Census 2010 final
participation rates and
a media release from
the U.S. Census Bu-
reau. Upon motion the
documents were re-
ceived and filed.
Dubuque Levee and
Floodwall Certification
- PAL Progress Report
#4: City Manager rec-
ommending approval
of revised sections of
the Operation and
Maintenance Manual
and the revised Emer-
gency Flood Control
Plan, both dated Octo-
ber 2010, and transmit-
tal of the City of Dubu-
que's Provisionally Ac-
credited Levee (PAL)
Progress Report #4 to
FEMA for certification
of the Dubuque levee
and floodwall system
along the Mississippi
River. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
South Siegert Farm
of commitment to be-
come a Green and
Healthy Homes Pilot
City through the Na-
tional Green and
Healthy Homes Initia-
tive. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Special Assessment:
City Manager recom-
mending approval of
the levy of a special as-
sessment for non-
payment of a Settle-
ment Order against Ju-
lie LeClere, 2489 Hemp-
stead Street. Upon mo-
tion the documents
were received and filed
and Resolution No. 441-
10 Adopting the sched-
ule of special assess-
ment for a lien against
the property and di-
recting the City Clerk
to certify the schedule
of assessment to the
County Treasurer and
to publish notice there-
of was adopted.
Sustainable Dubuque
VISTA Position: City
Manager recommend-
ing approval of the ex-
tension of the Sustain-
able Dubuque VISTA
position for one year.
Upon motion the docu-
ments were received,
filed, and approved.
U.S. Conference of
Mayors: Communica-
tion from Tom Co-
chran, U.S. Conference
of Mayors, releasing
the two most recent
Brownfield publica-
tions in which Dubuque
is featured. Upon mo-
tion the documents
were received and
filed.
Dubuque Initiatives:
Communication from
Dubuque Initiatives to
Michael Brannon, Du-
buque Community
School Board, related
to the District's facility
planning process. Upon
motion the document
was received and filed.
Mediacom: Communi-
cation from Lee
Grassley, Mediacom
Senior Manager - Gov-
ernment Relations, ad-
vising of rate changes
effective on or about
December 1, 2010.
Communication from
Lee Grassley, Media -
com Senior Manager -
Government Relations,
advising of channel
changes that will occur
on or about December
20, 2010.
Upon motion the
documents were re-
ceived and filed.
November 22/23 for
the Mercy Festival of
Trees event. Upon mo-
tion the documents
were received, filed,
and approved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 442 -10
Granting the issuance
of a Class "B" Beer Per-
mit to Jumpin' Jane's
Indoor Party; and a
Class "C" Beer Permit
to Iowa Street Market
and Plaza 20 / BP Amo-
co; and Resolution No.
443 -10 Granting the is-
suance of a Class "B"
(Hotel /Motel) Liquor
License to Hotel Julien
Dubuque, Grand Har-
bor Resort, and Holiday
Inn Five Flags; a Class
"C" Beer /Liquor Li-
cense to Yen Ching
Restaurant and Bridge
Restaurant; a Class "B"
Wine Permit to Iowa
Street Market; and a
Class "WBN" Native
Wine Permit to Dubu-
que Area Chamber of
Commerce were adopt-
ed.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Request to Rezone -
End of Radford Court
(Tabled from October
18, 2010): Proof of pub-
lication on notice of
public hearing to con-
sider a request frorh
John Herrig / Flint
Drake / Radford Devel-
opment, LLC, to rezone
property located at the
end of Radford Court
from C -2 Neighborhood
Shopping Center Dis-
trict to R -4 Multi -
Family Residential Dis-
trict and Zoning Advi-
sory Commission rec-
ommending approval.
Communication from
Planning Services Man-
ager Laura Carstens
advising that 31.7% of
the adjacent property
owners within 200 feet
of the rezoning are in
opposition; therefore, a
super- majority vote of
the City Council is nec-
essary to approve the
rezoning request.
Communication from
John Herrig asking that
his request be tabled
until December 6, 2010.
1941 Hummingbird
Drive; Karen Maury,
1981 Hummingbird
Drive; Marna Sullivan,
4617 Camelot Drive;
Greg Wollmuth, 1885
North Court; Robert/
Angie Hohmann, 1866
Hummingbird Drive
spoke in opposition to
the rezoning citing foot
traffic across private
property, storm water
runoff, increased ve-
hicular traffic and dan-
gerous intersections
and street crossings as
additional issues.
American Red Cross -
Request to Amend ID
Institutional District:
Proof of publication on
notice of public hear-
ing to consider a re-
quest from Mike
McDonough / Ameri-
can Red Cross to
amend their ID Institu-
tional District to modi-
fy Section 2(D) Signs
regarding allowed size,
height and illumina-
tion. Motion by Con-
nors to receive and file
the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Jones. Motion failed 4 -2
with Buol, Lynch,
Resnick and Braig vot-
ing nay. Planning Serv-
ices Manager Laura
Carstens provided a
staff report. American
Red Cross representa-
tive Mike McDonough
spoke in favor of the
proposed ordinance.
Rick Droeske of Lange
Sign Group, 1780 IL
Route 35, East Dubu-
que, provided technical
information about the
sign. Property owners
Victoria Kruser, 2443
Asbury Road; and Ka-
thy Flynn Thurlow,
2425 Asbury Road,
spoke in opposition to
the sign citing traffic
distraction, over light-
ing, and neighborhood
character as primary
issues. There was no
motion for a first read-
ing of the proposed or-
dinance. Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by pro-
viding for the amend-
ment of Ordinance 49-
86, which established
the American Red
Cross ID Institutional
side of the City of Du-
buque and City Manag-
er recommending that
this item be tabled to
December 20, 2010.
Motion by Connors to
receive and file the
documents and table
to December 20, 2010.
Seconded by Braig.
Motion carried 6 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Dubuque Industrial
Center North - Final
Plat: City Manager rec-
ommending approval
of the final plat of the
Dubuque Industrial
Center North First Ad-
dition (North Siegert
Farm) and naming the
new street Innovation
Drive, unless the City
Council chooses a dif-
ferent name. Motion by
Connors to receive and
file the documents and
adopt Resolution No.
444 -10. Approving the
final plat of Dubuque
Industrial Center North
First Addition in the
City of Dubuque, Iowa.
Seconded by Lynch.
Motion carried 6 -0.
RIO -CDBG Multi -
Family Rental Unit Pro-
duction: City Manager
recommending appro-
val of an application
for $5.9 million of RIO -
CDBG Multi - Family
Rental Unit Production
- Round 3 funding to
create multi - family
rental units in the
Caradco Building. Mo-
tion by Jones to receive
and file the documents
and adopt Resolution
No. 445 -10 Resolution
of support to the Iowa
Department of Eco-
nomic Development, on
behalf of Caradco
Building, LLLP, for sub-
mittal of an application
for a RIO -CDBG Disas-
ter Multi - Family Unit
Production Round 3
Application. Seconded
by Braig. Motion car-
ried 6 -0.
Purchase of Transit
Vehicles: City Manager
recommending appro-
val to incur costs for
replacement of the
Keyline bus fleet and to
add Intelligent Trans-
portation Systems
(ITS) technology on the
buses. Motion by Lynch
to receive and file the
documents and adopt
Resolution No. 446 -10
Authorizing the pur-
chase of a new transit
dation. Seconded by
Jones. Motion carried
6 -0.
Sustainability at Work
Presentation: Presen-
tation on "Sustain -
ability at Work: How
Sustainability is En-
hancing Dubuque's
Economic Competitive-
ness." Motion by Con-
nors to receive and file
the information.
Seconded by Resnick.
Motion carried 6 -0.
Sustainable Communi-
ty Coordinator Cori
Burbach provided a
video presentation and
introduced Candace
Eudaly of ECIA, Smar-
ter City Project Manag-
er David Lyons and
Sustainable Cities Net-
work President Tom
Woodward. Each spoke
about the Buyer Sup-
plier Network, the Pet-
al Project, Green Econ-
omy, Sustainability In-
novation Consortium,
and the Sustainable
City Network.
COUNCIL MEMBER
REPORTS
Jones reported on the
award Paramount Am-
bulance recently re-
ceived in Des Moines.
CLOSED SESSION
Motion by Jones at
9:35 p.m. to go into
closed session regard-
ing pending litigation
and property acquisi-
tion pursuant to Chap-
ter 21.5(1)(c)(j) Code of
Iowa. Seconded by
Resnick. Motion car-
ried 6 -0.
Upon motion the City
Council reconvened in
open session at 9:51
p.m. stating that staff
had been given proper
direction.
There being no fur-
ther business, upon
motion the City Council
adjourned at 9:52 p.m.
/s /Jeanne F. Schneider,
CMC, City Clerk
It 11/24
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)istrict by modifying
Section 2(D) Signs re-
garding allowed size,
height and illumina-
tion.
Unified Development
Code - Text Amend-
ment: Proof of publica-
tion on notice of public
hearing to consider a
request from the City
of Dubuque to amend
Article 13 of the Unified
Development Code to
clarify the number of
bicycle parking spaces
required for parking
lots over 50 spaces and
1001000W 'leas MOJ pi%
pawn ealway3pump dear to, gxyJapug43eduess!Ngo, Ouuno�snick. Motion car-
d 6-0.
Southwest Arterial /
nlue Engineering
Ismi.udy Update: City
anager transmitting
n update on the re-
alts of the preliminary
esign Value Engineer-
ig evaluations for the
outhwest Arterial
POPSroject. Motion by Con-
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fleet and adding Intelli-
gent Transportation
System Technologies
(ITS). Seconded by
Resnick. Transit Man-
ager Barbara Morck re-
sponded to questions
from City Council. Mo-
tion carried 6-0.
Purchase of Light Du-
ty Transit Vehicles -
Request for Proposals:
City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposals for
the purpose of obtain-
ing a Light Duty Sprint-
er vehicle purchasing
�ntract that contains
e clean diesel engine
)tion for Keyline
ansit. Motion by Con-
)rs to receive and file
e documents and ap-
loaluocove the recommen-
tion. Seconded by
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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: November 24, 2010, and for which the charge is $187.33.
Subscribed to before m a Notary Public in and for Dubuque County, Iowa,
this „7./69 day of j%o,c�ry c) , 20 /D .
Notary Public in and for Dubuque County, Iowa.
201
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
The Dubuque City
Council met in regular
session at 6:30 p.m. on
November 15, 2010 in
the Historic Federal
Building
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 Major Tom
Mason of the Salvation
Army.
PRESENTATION
International Livable
Communities Award
was presented by Sus-
tainable Community
Coordinator Cori
Burbach.
PROCLAMATION
Five Flags Theater
100th Anniversary
Week (November 15 -
20, 2010) was accepted
by Five Flags Theater
Lobby Committee Co -
Chair Ali Levasseur,
405 Main Street.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Resnick.
Motion carried 6-0.
Minutes and Reports
Submitted: Cable TV
Regulatory Commis-
sion of 4/14; Cable TV
Teleprog ramming
Commission of 9/14;
City Council of 11/1;
Community Develop- i
ment Advisory Com-
mission of 10/6; Invest-
ment Oversight Com- I
mission of 10/27; Park
and Recreation Com-
mission of 10/12; Zon-
ing Advisory Commis-
sion of 11/3; Zoning
Board of Adjustment of
10/27
Proof of publication of
City Council Proceed-
ings of October 18,
2010
Library Board of
Trustees Update from
the Meeting of Septem-
ber 30, 2010
Upon motion the
documents were re-
ceived and filed.
Notice of Claims/
Suits: Daniel Stark for
vehicle damage. Upon
motion the documents
were received, filed
and referred to the City
Attorney.
City Attorney advising
that the following
claims have been re-
ferred to Public Entity
Risk Services of Iowa,
the agent for the Iowa
Communities Assur-
ance Pool: Donna
Cooksley for vehicle
damage; Darlene Ryan
for vehicle damage;
Daniel Stark for vehicle
damage. Upon motion
the documents were
received, filed and con-
curred.
Human Rights Com-
mission: Resignation of
Katrina Wilberding
from the Human Rights
Commission. Upon mo-
tion the documents
were received, filed
and the resignation ac-
cepted.
Green Alley Project:
City Manager recom-
mending acceptance of
the Green Alley Project
(15th - 16th between
Washington and Elm
Streets) as completed
by Connolly Construc-
tion, Inc. in the final
contract amount of
$164,306.81. Upon mo-
tion the documents
were received and filed
and Resolution No. 437-
10 Accepting the Green
Alley Project (15th -
16th between Wash-
ington and Elm
Streets) and authoriz-
ing payment of the
contract amount to the
contractor was adopt-
ed.
Copper Field Subdivi-
sion - Acceptance of
Public Improvements:
City Manager recom-
mending acceptance of
the public improve-
ments which the devel-
oper, Copper Mill Con-
struction, has complet-
ed in Copper Field Sub-
division in the City of
Dubuque, Iowa. Upon
motion the documents
were received and filed
and Resolution No. 438-
10 Accepting improve-
ments in Copper Field
Subdivision was adopt-
ed.
2010 Sidewalk Assess-
ment: City Manager
recommending appro-
val of the levy of a spe-
cial assessment for a
public sidewalk re-
placement at 662 West
8th Street. Upon mo-
tion the documents
were received and filed
and Resolution No. 439-
10 Adopting the final
assessment schedule
for the 2010 Sidewalk
Assessment Project
was adopted.
Census 2010 Final Par-
ticipation Rates: City
Manager submitting
the Census 2010 final
participation rates and
a media release from
the U.S. Census Bu-
reau. Upon motion the
documents were re-
ceived and filed.
Dubuque Levee and
Floodwall Certification
- PAL Progress Report
#4: City Manager rec-
ommending approval
of revised sections of
the Operation and
Maintenance Manual
and the revised Emer-
gency Flood Control
Plan, both dated Octo-
ber 2010, and transmit-
tal of the City of Dubu-
que's Provisionally Ac-
credited Levee (PAL)
Progress Report #4 to
FEMA for certification
of the Dubuque levee
and floodwall system
along the Mississippi
River. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
South Siegert Farm
Lease Extension: City
Manager recommend-
ng approval of an
amendment of the
farm lease with Wil-
iam and Janet Siegert
for the South Siegert
Farm to extend the
lease to March 1, 2012.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 440-10 Approv-
ing an amendment to
the farm lease be-
tween the City of Du-
buque, Iowa and Wil-
liam and Janet Siegert
was adopted.
AmeriCorps Grant:
City Manager recom-
mending approval of
the execution of the
grant application to the
Iowa Commission on
Volunteer Services for
the City of Dubuque
AmeriCorps Program.
Upon motion the docu-
ments were received,
filed, and approved.
Sisters of Charity -
Water Meter Wireless
Network Equipment Li-
cense Agreement: City
Manager recommend-
ing approval of the Wa-
ter Meter Wireless Net-
work Equipment Li-
cense Agreement be-
tween the City and the
Sisters of Charity.
Upon motion the docu-
ments were received,
filed, and approved.
Quarterly Investment
Report: City Manager
transmitting the Sep-
tember 30, 2010 Quar-
terly Investment Re-
port. Upon motion the
documents were re-
ceived and filed.
Fiscal Year 2010 An-
nual Financial Report:
City Manager transmit-
ting the Fiscal Year
2010 Annual Financial
Report. Upon motion
the documents were
received and filed.
Green and Healthy
Homes Initiative: City
Manager recommend-
ing approval of the
submission of a letter
of commitment to be-
come a Green and
Healthy Homes Pilot
City through the Na-
tional Green and
Healthy Homes Initia-
tive. Upon motion the
documents were re-
ceived, filed, and ap-
proved.
Special Assessment:
City Manager recom-
mending approval of
the levy of a special as-
sessment for non-
payment of a Settle-
ment Order against Ju-
lie LeClere, 2489 Hemp-
stead Street. Upon mo-
tion the documents
were received and filed
and Resolution No. 441-
10 Adopting the sched-
ule of special assess-
ment for a lien against
the property and di-
recting the City Clerk
to certify the schedule
of assessment to the
County Treasurer and
to publish notice there-
of was adopted.
Sustainable Dubuque
VISTA Position: City
Manager recommend-
ing approval of the ex-
tension of the Sustain-
able Dubuque VISTA
position for one year.
Upon motion the docu-
ments were received,
filed, and approved.
U.S. Conference of
Mayors: Communica-
tion from Tom Co-
chran, U.S. Conference
of Mayors, releasing
the two most recent
Brownfield publica-
tions in which Dubuque
is featured. Upon mo-
tion the documents
were received and
filed.
Dubuque Initiatives:
Communication from
Dubuque Initiatives to
Michael Brannon, Du-
buque Community
School Board, related
to the District's facility
planning process. Upon
motion the document
was received and filed.
Mediacom: Communi-
cation from Lee
Grassley, Mediacom
Senior Manager - Gov-
ernment Relations, ad-
vising of rate changes
effective on or about
December 1, 2010.
Communication from
Lee Grassley, Media-
com Senior Manager -
Government Relations,
advising of channel
changes that will occur
on or about December
20, 2010.
Upon motion the
documents were re-
ceived and filed.
Citizen Communica-
tion: Communication
and petition from Joan
Wehrspann regarding
recreational burning in
the City of Dubuque.
Upon motion the docu-
ments were received
and filed.
EG 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-
cess Equipment and
Facilities in the amount
of $86,000 for Loras
College to purchase
new studio cameras
and a new production
switcher. Upon motion
the documents were
received, filed, and ap-
proved.
National Civic Review:
City Manager transmit-
ting information from
the Fall 2010 special is-
sue of National Civic
Review on the Civics of
Sustainability, which
includes an article
written by Planning
Services Manager
Laura Carstens entitled
"Defining, Inspiring,
and Implementing Sus-
tainability." Upon mo-
tion the documents
were received and
filed.
Signed Contracts: Co-
operative Winter Road
Maintenance Agree-
ment; Catfish Lift Sta-
tion Standby Generator
Contract; and Ray-
mond Place / Maiden
Lane Retaining Wall
Repair Award Record-
ing Memo. Upon mo-
tion the documents
were received and
filed.
Liquor License Trans-
fer: Transfer of the liq-
uor license of The Ro-
tary Club of Dubuque
to 700 Locust Street on
November 20/21 and
November 22/23 for
the Mercy Festival of
Trees event. Upon mo-
tion the documents
were received, filed,
and approved.
Liquor License Appli-
cations: City Manager
recommending appro-
val of annual liquor li-
cense renewals as sub-
mitted. Upon motion
the documents were
received and filed and
Resolution No. 442-10
Granting the issuance
of a Class "B" Beer Per-
mit to Jumpin' Jane's
Indoor Party; and a
Class "C" Beer Permit
to Iowa Street Market
and Plaza 20 / BP Amo-
co; and Resolution No.
443-10 Granting the is-
suance of a Class "B"
(Hotel/Motel) Liquor
License to Hotel Julien
Dubuque, Grand Har-
bor Resort, and Holiday
Inn Five Flags; a Class
"C" Beer/Liquor Li-
cense to Yen Ching
Restaurant and Bridge
Restaurant; a Class "B"
Wine Permit to Iowa
Street Market; and a
Class "WBN" Native
Wine Permit to Dubu-
que Area Chamber of
Commerce were adopt-
ed.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Request to Rezone -
End of Radford Court
(Tabled from October
18, 2010): Proof of pub-
lication on notice of
public hearing to con-
sider a request froth
John Herrig / Flint
Drake / Radford Devel-
opment, LLC, to rezone
property located at the
end of Radford Court
from C-2 Neighborhood
Shopping Center Dis-
trict to R-4 Multi -
Family Residential Dis-
trict and Zoning Advi-
sory Commission rec-
ommending approval.
Communication from
Planning Services Man-
ager Laura Carstens
advising that 31.7% of
the adjacent property
owners within 200 feet
of the rezoning are in
opposition; therefore, a
super -majority vote of
the City Council is nec-
essary to approve the
rezoning request.
Communication from
John Herrig asking that
his request be tabled
until December 6, 2010.
Motion by Jones to re-
move the proposed or-
dinance amending Title
16 of the City of Dubu-
que Code of Ordinan-
ces, Unified Develop-
ment Code, by
reclassifying herein-
after described proper-
ty located at the end of
Radford Court from C-2
Neighborhood Shop-
ping Center District to
R-4 Multi -Family Resi-
dential District from
the table. Seconded by
Connors. Motion car-
ried 6-0.
Motion by Connors 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 suspended.
Seconded by Jones.
Motion failed 4-2 with
Buol, Lynch, Resnick
and Braig voting nay.
There was no motion
for a first reading of
the proposed ordi-
nance.
Planning Services
Manager Laura Car-
stens provided a staff
report. Zoning Adviso-
ry Commission Chair-
person Jeff Stiles re-
sponded to questions
from City Council. At-
torney Mark Sullivan of
Reynonlds & Kenline
Law Firm spoke in op-
position to the pro-
posed ordinance on be-
half of adjacent prop-
erty owner and wife
Marna Sullivan, 4617
Camelot Drive. He in-
formed the City Coun-
cil that while he did not
officially represent oth-
er property owners in
attendance, his re-
marks did reflect their
viewpoints. Mr. Sulli-
van stated that the ap-
plicant failed to prove
that the C-2 zoning is
in error. Property own-
ers Sally Schneider,
1941 Hummingbird
Drive; Karen Maury,
1981 Hummingbird
Drive; Marna Sullivan,
4617 Camelot Drive;
Greg Wollmuth, 1885
North Court; Robert/
Angie Hohmann, 1866
Hummingbird Drive
spoke in opposition to
the rezoning citing foot
traffic across private
property, storm water
runoff, increased ve-
hicular traffic and dan-
gerous intersections
and street crossings as
additional issues.
American Red Cross -
Request to Amend ID
Institutional District:
Proof of publication on
notice of public hear-
ing to consider a re-
quest from Mike
McDonough / Ameri-
can Red Cross to
amend their ID Institu-
tional District to modi-
fy Section 2(D) Signs
regarding allowed size,
height and illumina-
tion. Motion by Con-
nors to receive and file
the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Jones. Motion failed 4-2
with Buol, Lynch,
Resnick and Braig vot-
ing nay. Planning Serv-
ices Manager Laura
Carstens provided a
staff report. American
Red Cross representa-
tive Mike McDonough
spoke in favor of the
proposed ordinance.
Rick Droeske of Lange
Sign Group, 1780 IL
Route 35, East Dubu-
que, provided technical
information about the
sign. Property owners
Victoria Kruser, 2443
Asbury Road; and Ka-
thy Flynn Thurlow,
2425 Asbury Road,
spoke in opposition to
the sign citing traffic
distraction, over light-
ing, and neighborhood
character as primary
issues. There was no
motion for a first read-
ing of the proposed or-
dinance. Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by pro-
viding for the amend-
ment of Ordinance 49-
86, which established
the American Red
Cross ID Institutional
District by modifying
Section 2(D) Signs re-
garding allowed size,
height and illumina-
tion.
Unified Development
Code - Text Amend-
ment: Proof of publica-
tion on notice of public
hearing to consider a
request from the City
of Dubuque to amend
Article 13 of the Unified
Development Code to
clarify the number of
bicycle parking spaces
required for parking
lots over 50 spaces and
Zoning Advisory Com-
mission recommending
approval. Motion by
Jones to receive and
file the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Braig. Motion carried
6-0. Planning Services
Manager Laura
Carstens provided a
staff report.
Motion by Jones for fi-
nal consideration and
passage of Ordinance
No. 60-10 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
amending Article 13,
Site Design Standards,
to clarify the number
and location of bicycle
parking spaces re-
quired for parking lots
over 50 spaces.
Seconded by Braig.
Motion carried 6-0.
Request to Annex -
Dubuque Metropolitan
Area Solid Waste Agen-
cy: Proof of publication
on notice of public
hearing to consider a
request from the Dubu-
que Metropolitan Area
Solid Waste Agency to
voluntarily annex and
rezone 318.25 acres of
property on the west
side of the City of Du-
buque and City Manag-
er recommending that
this item be tabled to
December 20, 2010.
Motion by Connors to
receive and file the
documents and table
to December 20, 2010.
Seconded by Braig.
Motion carried 6-0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Dubuque Industrial
Center North - Final
Plat: City Manager rec-
ommending approval
of the final plat of the
Dubuque Industrial
Center North First Ad-
dition (North Siegert
Farm) and naming the
new street Innovation
Drive, unless the City
Council chooses a dif-
ferent name. Motion by
Connors to receive and
file the documents and
adopt Resolution No.
444-10. Approving the
final plat of Dubuque
Industrial Center North
First Addition in the
City of Dubuque, Iowa.
Seconded by Lynch.
Motion carried 6-0.
RIO-CDBG Multi -
Family Rental Unit Pro-
duction: City Manager
recommending appro-
val of an application
for $5.9 million of RIO-
CDBG Multi -Family
Rental Unit Production
- Round 3 funding to
create multi -family
rental units in the
Caradco Building. Mo-
tion by Jones to receive
and file the documents
and adopt Resolution
No. 445-10 Resolution
of support to the Iowa
Department of Eco-
nomic Development, on
behalf of Caradco
Building, LLLP, for sub-
mittal of an application
for a RIO-CDBG Disas-
ter Multi -Family Unit
Production Round 3
Application. Seconded
by Braig. Motion car-
ried 6-0.
Purchase of Transit
Vehicles: City Manager
recommending appro-
val to incur costs for
replacement of the
Keyline bus fleet and to
add Intelligent Trans-
portation Systems
(ITS) technology on the
buses. Motion by Lynch
to receive and file the
documents and adopt
Resolution No. 446-10
Authorizing the pur-
chase of a new transit
fleet and adding Intelli-
gent Transportation
System Technologies
(ITS). Seconded by
Resnick. Transit Man-
ager Barbara Morck re-
sponded to questions
from City Council. Mo-
tion carried 6-0.
Purchase of Light Du-
ty Transit Vehicles -
Request for Proposals:
City Manager recom-
mending approval of
the issuance of a Re-
quest for Proposals for
the purpose of obtain-
ing a Light Duty Sprint-
er vehicle purchasing
contract that contains
the clean diesel engine
option for Keyline
Transit. Motion by Con-
nors to receive and file
the documents and ap-
prove the recommen-
dation. Seconded by
Resnick. Motion car-
ried 6-0.
Southwest Arterial /
Value Engineering
Study Update: City
Manager transmitting
an update on the re-
sults of the preliminary
design Value Engineer-
ing evaluations for the
Southwest Arterial
project. Motion by Con-
nors to receive and file
the documents.
Seconded by Jones.
Motion carried 6-0. As-
sistant City Engineer
Bob Schiesl provided a
slide presentation on
the project and re-
sponded to questions
from City Council.
Expansion of Wash-
ington Neighborhood
Yard Lighting Initiative
Program: City Manager
recommending appro-
val of expanding the
Washington Neighbor-
hood Yard Lighting Ini-
tiative to older neigh-
borhoods in the City as
well as to the
low/moderate income
(target, areas) of the
City. Motion by Braig to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Jones. Motion carried
6-0.
Sustainability at Work
Presentation: Presen-
tation on "Sustain -
ability at Work: How
Sustainability is En-
hancing Dubuque's
Economic Competitive-
ness." Motion by Con-
nors to receive and file
the information.
Seconded by Resnick.
Motion carried 6-0.
Sustainable Communi-
ty Coordinator Cori
Burbach provided a
video presentation and
introduced Candace
Eudaly of ECIA, Smar:
ter City Project Manag-
er David Lyons and
Sustainable Cities Net-
work President Torn
Woodward. Each spoke
about the Buyer Sup-
plier Network, the Pet-
al Project, Green Econ-
omy, Sustainability In=
novation Consortium,
and the Sustainable
City Network.
COUNCIL MEMBER
REPORTS
Jones reported on the
award Paramount Am-
bulance recently re-
ceived in Des Moines.
CLOSED SESSION
Motion by Jones at
9:35 p.m. to go into
closed session regard-
ing pending litigation
and property acquisi-
tion pursuant to Chap-
ter21.5(1)(c)(j) Code of
Iowa. Seconded by
Resnick. Motion car-
ried 6-0.
Upon motion the City
Council reconvened in
open session at 9:51
p.m. stating that staff
had been given proper
direction.
There being no fur-
ther business, upon
motion the City Council
adjourned at 9:52 p.m.
/s/Jeanne F. Schneider,
CMC, City Clerk
It 11/24
STATE OF IOWA
DUBUQUE COUNTY
CERTIFICATION 1
I, Suzanne Pike, a Billing Clerk for
corporation, publisher of the Telegra
published in the City of Dubuque, Cc
certify that the attached notice was p
dates: November 24, 2010, and for v<
C
Subscribed to before m a Notary Pi
this 7 9 day of
Notary