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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 1,1 1001u00W '1104e6lneu 'Rum L s Il s6eq ale XIS'9A yxy x i e6euodS BIN 01, 1 aped pool 'uealo iadnS nq!le16! Ana40 to, 01111111111111r- 400J000w 'iaglea� OMV Z)u m uloaull 80, 1 )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- !luewV e!AU`:.0.a f io olho q loop q Sl iiego3 Anay3 LO, •olnv llaegyo3eH dyodS 5 0!8 BIM 80, JeMod pe'loop auu0 epuoH 80, AlUEJJeM fume! jo slol 'nog q' Opi pawl'loauoow 'Jaglea3 siu eieuos lepun)(H pi, onglei minify elH 60. 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 saw Wool 'locuuooN buuno16uugas Jalskao L0, efeapw see leOJ6 'ogewolnV ezuaiod llinzns 80, 1 J pets uollnq gsnd man / uesslN 60. 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